special education provisions public schools?

Question

We live in georgia and have a student who has an IEP. We are very dissatisfied with the IEP based on what the county school system has to offer.
The year is half over and we do not beleive that the school is meeting the needs of our student who has problems w ith reading comprehension amonst other learning disabilities - he had Ed, but they have been resolved. What are our options if the county and state do not sufficiently address his issues? We moved from VA and they had much better options.
Are there education consultants or advocates who can help?

Answer 1

1) You have the right to go due process, but I would recommend against that. Once the case is in due process, it is no longer about the needs of the child or what you and the school can work out. It becomes all about the lawyers. A lawyer and former teacher famously says, "In due process, you lose or you lose big, and nobody loses more than the child." This has been my own experience as well.

2) Not every student is going to meet the goals set for him by the IEP, and schools have no legal obligation to ensure that the student does--they can't force a student to learn and perform, after all. They are required to give students the opportunity to make that goal, and put in a bona fide (good faith) effort to help him.

3) I do want to congratulate you on the resolution of the emotional disturbance. Those problems are rarely so easily solved.

If I were Miss Cleo, the phone psychic, I'd be guessing that the student is actually a nephew, grandchild, or foster child whose emotional problems were caused by instability in the previous home. Kids do get better --sometimes to a miraculous extent--by a change to their home environment, but those same changes sometimes cause abandonment and self-esteem issues which can manifest in behavior problems or a lack of achievement in school. Watch out for that.

4) Here, we have a non-profit organization that advocates for the disabled. They review documentation (IEPs, assessment reports), attend IEP meetings, or sometimes participate by phone conference when they can't be there in person. I don't always agree with the advocate assigned to our school, but we get along because we are on the same side, both working in the the interests of the child.

You may find a similar organization in your local yellow pages. The more information you can give them, the more they will be able to help. There's a lot of detail that is missing in the information above, that I think might help the advocate or the school address the needs of your child better if you can clarify a little bit.

5) What specifically was the previous school doing to address your child's difficulties that the new school is not doing? Is it an issue of placement: the old school had him pulled out in a special ed classroom, but he's with his general ed peers in the new school? Was it a matter of the materials and approaches they used? Is it a matter of home-school communication?

What exactly is the lack of progress you are concerned about? Is your child stuck at last year's level of reading comprehension, and falling further behind as his classmates progress? Does your child have the ability, but not complete assignments and turn them in? Are you concerned that the school isn't making allowances for his disability, or that they are letting him get by with too little achievement, using the disability as an excuse?

To what extent is your child a self-directed learner? Does he set out to see what he can learn or does he do the bare minimum to keep teachers and parents off his back? Does he ask for help? On your child's educational team, the child himself can be the Most Valuable Player. All of the efforts of parents and teachers may be for naught if academic achievement is Priority Zero for the student.

Is your child suffering the disruption to thought, work and development known as puberty? Has the opinion of his peers become more important to him than the opinion of his teachers and parents? Is it no longer cool to try hard in school?

Does he like to read? Does he have as much trouble with recreational reading (such as novels) as he does with informational reading (newspapers, textbooks)? Does he prefer nonfiction to fiction?

What are you doing at home to help your child's reading comprehension? Does he see you reading for fun and hear you talk about the books you read? Are you having him read passages and explain to you what he's just read? Are you asking him questions about what he likes and what he doesn't like in the material he's reading?

A PhD in Britain told me today that about 80% of academic achievement can be explained by parental involvement. I don't know if that's true. Teachers are trained to think only about what they can do to help a child succeed and not dwell on factors that are beyond their control.

Is there a reason your involvement at the new school might be different? Is that not as big a part of the school culture? Is your child older now and determined that his friends believe he is living independently, without the help of family?
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Good luck!

Answer 2

Read the Handbook on Parent Rights given to you by the IEP Team. You are entitled to call an IEP meeting whenever you choose. You are also allowed to ask at that meeting for what you feel like your child needs and proof that they are doing what you ask. For example, if the team decides that the student will work with a particular teacher 30 minutes per day to improve comprehension, you should receive updates about progress. Another suggetion would be to have a mediator assist you at the IEP meetings. If you contact the district, they should put you in contact with someone. Make sure the school knows that you are knowledgable about the law and how IEPs work (do your research) and don't be afraid to keep advocating for your child. They will listen if you don't let up.

Answer 3

There are advocacy groups in Georgia--most are located in the Atlanta area. There are several groups listed in the phone book--and since I don't know enough about your child's needs and specific disability, I'll leave it to you to pick one that's best for you. If you don't live in the metro area, your local library should have a copy of the Atl. phone book.

Your options will vary from state to state--and an advocate should be able to tell you. But you do not have to settle for a school failing to provide reasonable accomodation, including special education instruction. Unfortunately, there are a lot of school systems in Georgia (and elsewhere, for that matter) that are still hostile to disabled students. And they've been getting away with providing inadequate services--and will keep doing just that as long as they can. So be prepared for a fight.

You've been luck in the past--Virginia has some of the best programs in the country. I wish I could say the same for Georgia, but the truth is its below average--especially when you get outside the metro Atlanta area. But there are major problems there too (in fairness, though, Georgia is far from the worst).

A final note--an IEP is not a straitjacket. And your approval is required for it to be put into action. If you are satisfied with your child's IEP, fine--you just need to push to get it implemented. But don't hesitate to challege the IEP if it's not what your child actually needs.

And be prepared to take legal action--that should be a last resort. But based on my experience with some of these school systems in Georgia, it might come to that.

Answer 4

You should request to have a meeting, in NY it's called a CSE meeting, to discuss your concerns with the administration in your district and your childs teachers. There you can ask for evidence (test results) which shows that your child is making MEASURABLE gains and proof that they are working toward his/her annual IEP goals. If you are dissatisfied, you can seek the help of a local advocate or educational lawyer. You want to research and find out what you think would be best for your child. Alternative placement, extra accomidations, a private school, etc. Your lawyer or advocate can help you through an impartial hearing where you basically have to fight for the district to pay for whatever it is that you think would be more benificial for you child.
Look into Lindamood-Bell learning processes. This is a company that provides a multi-sensory approach to reading (decoding), comprehension, and math skills. With the right lawyer, many parents have been very successful in getting reimbursed for their tuition to Lindamood-Bell. Typically students are seen 2-4 hours per day for about 10-12 weeks. This absolutely varies per student though. They start with a diagnostic evaluation which will let you know your childs strengths and weaknesses with percentiles and grade levels. Most times, parents have to pay for their treatment and then show the gains (students are post tested after instruction), then you go to your district and show that this program made measurable gains in a certain number of weeks, which they never could do, therefore they are responsible for paying for it.
Good Luck!!

Answer 5

If the special education team does not answer your questions go to the Superintendent and the school board. An IEP must be written and used. If the teachers are at least working with the student on the goals the IEP is being met. Sometimes the goals just can't be met.

Answer 6

I am a special educator in GA and would suggest that you go back to your school system armed with a list of options that you were provided in VA and others that you feel would benefit your child. Explain the reasons behind the differences and tell the sp ed coordinator that you will take it to a lawyer if they do not provide adequate services. That will usually get their attention. Sometimes, they haven't seen what other options there are and get 'stuck' in providing the same for everyone. With NCLB and the accountability issue schools have become much better at providing a w-i-d-e-r range of options to meet the needs of all of their students. It's in their interest too to find what works for your child. Good Luck!

Answer 7

In GA, there are federally funded advocacy agencies that help parents for free. One is 'PEPP' parents educating parents and professionals'.
Do a search for this agency.
There are 2 websites that are the best for learning the laws and rights of special ed www.wrightslaw.com and www.reedmartin.com

Before you can look for 'options' you first have to make sure you and the school are both following the federal special ed laws IDEA.
If you go as far as getting an attorney, the attorney will say that you have to first follow all the special ed laws and exaust all avenues before hiring the attorney.

The very best website for help in knowing WHAT to do and HOW to do it, in getting help for your child thru special ed is
www.schwablearning.org
You sign up for free to get help on their parent to parent message board. This board is very busy and has many knowlegable and helpful people who love to help.

There ARE things you can do to make sure schools follow the law and do what is right for your child.

The case is probably that the school is not following the laws and not doing what is legally necessary for your child, and THIS is causing them not to offer what you feel is needed.
If schools are made to follow the laws, then the children can have their help.
Unfortunately, parents aer the ONLY police. There is NO ONE who enforces schools to do right, and they know this. So they never will.

Answer 8

The Montgomery County school district in MD has wonderful programs. There are also top notch private schools out here. It is an outrageously exspensive area to live in, but the services are top notch. In the DC area, Fairfax and Alexandria schools in VA also have good reputations. Other counties out here are not so good, but most are willing to pay for private school placement if there are no public schools to meet the child's needs. We are a military family and have decided to remain in the area after my husband retires since there are also fantastic programs out here for adults with autism.

Answer 9

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