Top Ten Most Complained About Issues from Department of Education – July, 2003

1. Top Ten Most Complained About Issues from Department of Education – July, 2003 1. Not following/implementing the IEP

2. Top Ten Most Complained About Issues from Department of Education – July, 2003 • 2. Parents not receiving prior written notice.

3. Top Ten Most Complained About Issues from Department of Education – July, 2003 • 3. Child’s goals are not measurable.

4. Top Ten Most Complained About Issues from Department of Education – July, 2003 • 4. Not receiving progress reports specific to goals and objectives.

5. Top Ten Most Complained About Issues from Department of Education – July, 2003 • 5. All members of the IEP team are not present at the meeting.

6. Top Ten Most Complained About Issues from Department of Education – July, 2003 • 6. Child is not advancing academically (i. e., not receiving educational benefit) and/or the district cannot document any educational benefit

7. Top Ten Most Complained About Issues from Department of Education – July, 2003 • 7. 10-day suspension/expulsion. • Not doing a manifestation determination (MD) in a timely manner; • Not inviting parent to the MD • Not doing a functional behavioral assessment (FBA) in a timely manner; • Not including parent in the FBA and development of behavior plan.

8. Top Ten Most Complained About Issues from Department of Education – July, 2003 • 8. Not receiving related services (OT, PT, Speech, etc.).

9. Top Ten Most Complained About Issues from Department of Education – July, 2003 • 9. Parent not invited to IEP team meetings.

10. Top Ten Most Complained About Issues from Department of Education – July, 2003 • 10. Not following the behavior plan/inappropriate behavior plans.

11. What NOT to say…….. • “We understand that you think he may be disabled, but let’s just wait and see how he does.”

12. What NOT to say…….. • A teacher indicates during the meeting, “well, we’ve already met on that and decided………”

13. What NOT to say…….. • The principal says during the meeting, “the Special Education Director already told us that we can only recommend…..”

14. What NOT to say…….. • “We recommend that she receive 3 to 5 periods per day of Special Ed services.”

15. What NOT to say…….. • “She will receive occupational therapy on an ‘as needed’ basis.”

16. What NOT to say…….. • “You can’t be serious! You know we don’t have that here.”

17. What NOT to say…….. • “Our preschool program is four days per week for one half day for everyone.”

18. What NOT to say…….. • “But we always do it that way.”

19. What NOT to say…….. • “My schedule won’t allow for that.”

20. What NOT to say…….. • “My class doesn’t have those services.”

21. What NOT to say…….. • “That would just be too expensive.”

22. What NOT to say…….. • “That would be taking money away from the other students.”

23. What NOT to say…….. • “Do you know how much that would cost if we did that for all of our students?”

24. What NOT to say…….. • IEP team writes that student needs to be in self-contained environment because it would be “best” for the student.

25. What NOT to say…….. • “Our ESY program runs from June 16 until July 19 for everyone.”

26. What NOT to say…….. • “Sorry, we don’t have ESY any more since the school board cut our summer school program.”

27. What NOT to say…….. • “But all of our LD students get ESY in the form of home packets.”

28. What NOT to say…….. • “Because your child is only mildly LD, we know he won’t qualify for ESY, so we don’t need to address it. Only our severe and profound students get ESY”

29. What NOT to say…….. • “Yes, I am the school district rep. but I don’t’ do special education. You’ll have to ask someone else.”

30. What NOT to say…….. • “Sorry I’m an hour late, but the principal just told me I needed to be here because I’m the only regular education teacher in the building. I’m not really sure what help I can give, since I don’t teach special ed. Can I go now?”

31. What NOT to say…….. • “You can’t bring your attorney with you to the meeting.”

32. What NOT to say…….. • “Sure, your next door neighbor can come but cannot participate.”

33. What NOT to say…….. • “Okay, since everyone is still here, let’s just take this to a vote.”

34. What NOT to say…….. • “We don’t consider a member of the press a knowledgeable person.”

35. What NOT to say…….. • “Sorry, you’re going to have to leave because we weren’t notified that you were coming.”

36. What NOT to say…….. • When considering an Independent Evaluation: “This guy is a quack and we’re not going to even consider this report.”

37. What NOT to say…….. • “We’ve never done that before and we’re not starting now.”