Advocating for Your Child's Educational Needs - Part Two

September 23, 2021

Laws Regarding Special Education Services

The acronyms used for special education services can be mind boggling to parents already stressed about their child's education. Parents should know that any child with disabilities has a right to individualized education plans (IEPs) that include free and appropriate public education (FAPE). These students are entitled to receive their education within the least restrictive environment (LRE). These rights are guaranteed under the Individuals with Disabilities Education Act (IDEA). Included in every individualized treatment plan at Elk River Treatment Program (ERTP) is a comprehensive education plan that is based on the results of assessments and evaluations. In this podcast which was originally presented at the national conference for Independent Educational Consultants Association (IECA), special education advocate Aletha Howie talks with ERTP's Director of Clinical Services Penny Baker about the federally mandated and perplexing policies and procedures of Special Education.

Empowering Parents with Knowledge of Their Child's Rights

EPISODE TRANSCRIPT

Penny
Hello, and thank you for joining us today. My name is Penny Baker and I'm with Pinnacle Behavioral Health. I'm here with Aletha Howie of Restorative Advocacy to talk to you a little bit about how to help empower parents to advocate for their students that may have special needs. When we decided to pick a topic today, one of the things that really resonated with both of us is the ongoing needs that we've seen, not only in residential treatment, but with kids that we've seen in outpatient, inpatient, and alternative school programming, and working with parents during this time period who just really don't seem to understand the role that they can take to advocate for their kid in the school system. So we're going to talk a little bit about that today, but to make our conversations just a little bit easier as far as the flow, one of the things that we're going to do is ask you to look at our training today from the perspective of the parent. We're going to provide you information on advocacy as if you were the parent, and by better understanding that we're hoping that you will be then able to teach the parents that you work with the role that they can take to do that advocacy.

So one of the things I think, Aletha, that we need to start with, just to make sure everyone is very clear, is where we have to start with parents in general - just some basic education. There are so many laws and rights and meetings, and so many things that can get really confusing. Let’s start by going through some of those terms, just to make sure we're all on the same page and understanding even what we're talking about. I'm going to run through some things that I hear from parents and even questions I've had myself, just trying to understand this entire system. First, could you go over IDEA? I'm guessing that doesn't mean ‘idea’. So what is IDEA?

Aletha
It’s the Individuals with Disabilities Education Act that was restructured in 2004, and protects all of our children with any disabilities. Anything that impedes their learning in the regular education setting is covered under IDEA.

Penny
Okay. So there's actually federal laws that protect our kids and are part of this whole advocacy program that parents can turn to in order to help get their kids' needs met.

Aletha
Parents have so many rights under IDEA - so the very first thing they need to do is make sure that they are aware of all of those rights.

Penny
Now, when you say ‘everything's covered’ I'm trying to picture in my head the kids that, in my point of reference, mainly are going to be from residential programming or outpatient or a mental health center. I know we're talking more globally for the most part. When you say everything is covered, are you referring to behavior issues, medical issues, mental health issues, etc? So all of that's covered and protected under that federal law?

Aletha
Any disability that impedes the learning of a child in the regular education setting is covered under IDEA and its protections.

Penny
You mentioned something about parental rights. Can you give me an example of a few rights that parents don't realize that they have?

Aletha
Schools and school systems cannot make any decisions about your child without your consent.

Penny
Let me ask you a question about that, because I've seen this happen where a school system just presents a plan to the parents and says, “this is what we're doing.” And the parents feel like they have to say “Okay.” And they don't have a voice. So what I'm hearing you say is that one of their rights is: whatever's in that plan, they have to be a part of that plan and agree to it. Is that correct?

Aletha
Yes. They cannot move forward with any plan unless the parent agrees and consents to that plan. When the plan is being designed, sometimes they will try to get together and make the decisions before a meeting. And they cannot put that in place, though, until a parent signs off on anything that they would like to do. And the parent is one of the most important members of the IEP team.

Penny
Okay. Speaking of IEP - because I've heard you mention that a couple of times - can you explain a little bit? When you refer to an IEP, what would be the best way to describe that to a parent? What is an IEP?

Aletha
It's a blueprint, an individualized education plan that is written on paper, with federal mandates and guidelines. It has to be a complete picture of your child. If I've picked up an IEP and I did not know the child, it should tell me everything I need to know about that child: their functional performance, their educational performance. Everything about that child should be in the IEP. Their strengths and weaknesses should be in there – all strengths and weaknesses should be addressed in the IEP.

Penny
Okay. One of the other things you mentioned a couple of times is that there is a meeting. Who would attend an IEP meeting?

Aletha
An IEP meeting has to be: parents, regular Ed., teacher, special education teacher, local education agency director, and someone that can interpret test results, and the case manager.

Penny
Can anyone else attend that meeting? Like if the parent wanted someone else to hear?

Aletha
They can take anyone to the meeting that they would like to take. And if you feel a little uncomfortable, because you're going to be at a table with 10 people from the school system, please take a friend that knows the law, an advocate, someone that knows everything about special education.

Penny
It makes sense. As a therapist, I've been invited by parents who seem to be very savvy and knew what their rights were. But I also knew that going into an IEP meeting, they were afraid of being outnumbered and intimidated. Specifically, the identified need was a mental health need. And they were worried going into those meetings (because there is, you know, unfortunately still a very big gap and a lack of understanding of mental health issues at times and behavioral health issues) and the parents invited me to go to the meeting to help them understand that the significance and severity of their mental health issues or behavioral health that was beyond what would just show up in the testing that was given. They needed that understanding. Can parents invite other advocates to that meeting? How does the invite come about?

Aletha
The parents can invite anyone that they would like to invite to the meeting. They just need to, ahead of time, let the school know that you will be bringing guests, and their titles.

Penny
Okay. All right. Any other rights that you can think of that a parent has, that you feel is pretty important?

Aletha
Yes. You can go into an IEP meeting and not agree with the team and reschedule the meeting or adjourn the meeting. You are the most important expert at the meeting because it is your child. Most parents know the child's weaknesses and their strengths, and the team has to get input from the parents before they write a plan for the IEP. Before they write that IEP, input from the parents has to be received.

Penny
But I think a big thing that I'm hearing from you, and please correct me if I'm wrong, is that even when there's an IEP meeting and all of this information is gathered, until that parent is satisfied that the needs of their child is being met and signs off on that plan, it’s not active.

Aletha
That’s right.

Penny
Okay. Now I want to back up a little bit, because there's another question that I had that I think would be important for parents to know. If you're a parent and you think your kid's struggling in school and might need an individualized education plan, but the school hasn't identified that, how would you go about that as a parent to advocate for your kid's needs? Who would you request that to?

Aletha
Request it to anyone in the school. The best person would be the counselor. They usually pass on that referral, but if you make a referral for your child to be tested for special education services, they have to honor that referral. And within 15 days you need to get a call back - there's a meeting after the referral. So the day that you make the referral, (and it's best to make the referral in writing), the timeline starts that day. All you have to do is request it.

Penny
So if a parent requests an IEP, they have to respond to it.

Aletha
Well, if you have had an IEP, you can request an IEP meeting at any point in time. If you already have an IEP - if it's an initial referral - the school system has to start putting things in place. But if a parent requests an IEP, the process starts the day you make that request. So keep track of all contacts that you make with the school system. Every date, every person you talk to, what you say. Keep that in a notebook because they will keep their documentation, and that's how you get services for your child.

Penny
Okay. Now I don't want to complicate this, but there is another term that I've heard before, and I know I've gotten it confused. I think it's important maybe for our parents to understand or how to teach parents. What exactly is the difference between an IEP and a 504? I sometimes use those terms interchangeably, and yet I've done this long enough that I know they're very different things, but can you maybe help me understand? Cause there may be certain kids that need a 504, and certain kids that needed an IEP. And I guess parents would need to know which one to advocate for. So what is the difference?

Aletha
A 504 is also covered under IDEA and with the protections under a 504 you have the same protections, but all services will be given in the regular ed. classroom. In other words if your child is having problems in the regular classroom, the teacher can make accommodations. The regular teacher can make accommodations, but with a 504 the child will not be seen by a special education person throughout the school day. They will not be taken out of the regular ed. setting for services- they get services in the regular education classroom.

Penny
So the biggest difference between a 504 and an IEP is 1) who provides the service and 2) where the service is provided. Okay. That helps, helps me understand.

Aletha
Thank you. Even a child with a broken arm can get a short 504 plan because they've got a problem that's impeding their learning for a short period of time. So if they can be taken care of in the regular classroom, then a 504 would be appropriate.

Penny
Okay. So, like you said from the very beginning, this really does cover any need that your student may have that will help them meet their education needs.

Aletha
Legally, a school system has to provide a free, appropriate public education for all children. So children with disabilities have to have the same rights as any of the other children sitting in the classroom and whatever services they need. Ask, keep your documentation and ask.

Penny
I’d like to get your thoughts on how this advocacy piece should work, and what a parent should do when a kid needs to spend some time in a treatment program. If a kid is, for example, admitted to the Elk River Treatment Program and for some reason has not been identified with a disability, but we obviously see with the assessments that we've done during admission (whether it's the mental health assessments, the behavioral assessments, the academic assessments) that there are definitely some deficits. So we identify a kid that obviously has needed services, but somehow was missed. What can we do for that parent to go ahead and set up that process to advocate for their kid? Transitioning from residential treatment back home is definitely going to need either a 504 or an IEP. What are the steps that they can take at that point?

Aletha
Number one: Child Find, which is a federally mandated law, was missed by a school system somewhere at some point in time. So at the program - where there are accommodations and modifications in place for all children – if they are successful there, the regular school system can implement all of the accommodations and the modifications that we have in place. And if that's what it takes for the child to be successful in a regular school setting, they have to do it. So we would make sure that the parent knows at the time for transition, that they notify the school system that their child will be coming back to the school system. The school system needs to make arrangements and set up, and the parent can go ahead and refer the child and the process can begin. And during the referral process the child is protected. If you refer your child for services, they are protected during that time until all of the testing and assessments can be done to determine whether or not they qualify for an IEP.

If they're coming from a treatment program, guess what? They qualify for an IEP in a regular school setting, unless before they went to treatment, they were making straight A's in school, but their life was in complete turmoil and they have to go to treatment. That's usually not the case - more than likely the issues that sent them to treatment or got them in treatment were also keeping them from their education. So we would just make sure we prepare the parent for that process. I would attend the meeting if they needed me. I've done that before.

Penny
Well, I know you've helped several of our students through that process. Unfortunately not everyone has you. So the parents then would go through the same process you stated from the beginning - it's just communicating. I think you recommended the counselor of the school and communicating to them: “I'm requesting my child to be evaluated for an IEP.”

Aletha
You can also refer to a teacher, a counselor, a principal, an assistant principal, or any one that you would like to make that request to, whom you feel comfortable with. Just request it and write the date down, or put it in writing as best you put it. These timelines are very important, because the federal government sets the law so that you have a limited number of days to take care of this referral. In 15 days the school system has to respond to the referral. If accept the referral and you're going to be tested, then I think it's 45 days and the testing has to be completed and they need to have a meeting and there needs to be another meeting.

Penny
That sounds like it could get pretty complicated. So I guess that's another reason you're really pushing for parents to keep a notebook of who they talk to, what day, if they sent emails, etc. Keeping track all of that to make sure the timelines are being met. And when they go into those IEP meetings, I'm guessing they should bring their notebooks with them in case there's any question. You also mentioned earlier that parents should know their rights. The other question that I have is this: are there limits when it comes to an IEP, when a parent goes into that meeting and they're advocating for their kid, to what related services that they can even ask for?

Aletha
If your child was in a treatment program and getting any kind of therapy, counseling therapy, psychological services, whatever your child needs and the related services - occupational therapy, physical therapy, speech therapy, counseling, psychological services - the list goes on and on and on and on. If that's what it takes for your child to be successful, they have to provide it. They don't have any other way around it.

Penny
Let’s say I’m the parent sitting in the IEP meeting and it's been identified maybe in their residential treatment program that they came from that that speech therapy was really important. It was something that they needed. And I was advocating in that meeting for my kid to have speech therapy. What if the school said, “sorry, we don't have a speech therapist. You can't have that.” What then are my options as a parent if I know that that's something that my kid really needs to be able to succeed academically?

Aletha
They have to test for those services. There is not any other way around it. They have to test for those services. You can file due process.

Penny
My concern is that even from things that you said, that the process is pretty complicated. I think at times maybe parents become very intimidated by that process and back down from advocating. So what advice do you have for parents who are genuinely trying to advocate for an actual need for their child? If they’re getting pushback, what are tips you could give for that parent?

Aletha
There’s a quote: “If it's not written down, it did not happen.” So the very first thing that I tell parents when I get a phone call is: “I want to see all of your documentation.” Every time you make a phone call, every time the school calls you. If the teacher sends home a piece of paper, keep it, put it in a notebook and label it. Don’t write on original copies, you know, have little sticky notes. You need a whole filing system.

Penny
Sounds almost more like a little mini filing cabinet than just a notebook.

Aletha
Yes. But at the school, just keep everything. If the school system realizes that you know your rights and you are prepared for this meeting, then you won't have very much pushback at all. They’re accustomed to parents coming in without preparation. They’re just trusting the school system to do what’s best for your child.

Penny
It almost sounds like the best approach to advocating for the rights of your child and the education needs for your child really comes down to being proactive and being prepared before you ever enter the meeting.

Aletha
Yes. You can make your own agenda, and go in with solutions. You know, this is a problem. What would you like for the solution to be, how can we solve this? Who's going to take care of this. When is it going to be taken care of, and how is it going to be taken care of? All of that needs to be in the plan.

Penny
So the parents should sit down before the meeting and write an IEP?

Aletha
Yes, so they can go in, and say: “This is the problem, this is the strategy. This was what I would like to have.” You're not going to get much pushback if you're prepared.

Penny
All right. That is good to hear. Now I’d like to talk about residential treatment. I've seen that process be so effective in advocating for kids and teaching parents how to advocate through the transition from residential treatment back to home. I've also seen it on the flip side: where parents have advocated through their IEP in school, actually for the schools to pay for treatment. So I've seen it the other way as well, and I think it is very important for parentsto be educated on advocating for their kids' needs. But I don't want to be overly biased and just talk about what needs I have and how I've seen that be effective in residential treatment. It sounds like, in the system that you're talking about, this should start with parents long before the teenagers go to residential, when it comes to collecting things or advocating or paperwork. So when should a parent start this process?

Aletha
Early as possible. If you notice a problem, if there's a behavior, if the school's calling you and your child's just not being successful, sitting in the classroom or work -

Penny
Are you talking about like, like in kindergarten? Or pre-school?

Aletha
Yes, they test them preschool, yes. If your child is delayed in any way, developmentally, or you just notice that your child is withdrawn or not playing with the children, like all the other kids on the playground, start then. Start then, start talking, start documenting at that point, when you start noticing it - start then immediately.

Penny
This is kind of a touchy subject, but something that I've faced with parents that I've worked with. There is still unfortunately a stigma – I’ve heard it point-blank. Parents tell me “Well, I don't want my kid classified as ‘special ed.’” I've heard parents over and over say that. Are there any tips that you have, as we're talking to these professionals on teaching parents, on how to advocate? That’s one of the things they have to overcome. How do you help the parents ‘get over themselves’ that, you know, and I hate to put it that way, that it's it's okay, that your kid needs help?

Aletha
If they're feeling uncomfortable about that, what will be more important: Success, or being a successful student and feeling like you're accomplishing something, or your embarrassment or your guilt or your stigma for having a special education student? I, as an educator, saw that stigma with my own students. If they did not want me to approach them in the hallway or talk to them when they're in the regular classroom, I did not do that. So usually those things can be worked out with the parent and with the child. If they need help, do it on the side, you know, “Here, this is what we will do. And I will be in the regular classroom with you. I will not single you out. I will help everyone in the classroom.” So you can take care of those things.

Penny
That makes me think of the question: If you're the parent advocating for your kid at that IEP meeting or that 504 meeting, and you're coming up with that plan, if you have a concern about how your kid would be treated, if they're receiving special services, can you advocate as a parent to have those things you just mentioned incorporated in that plan?

Aletha
You can do that. If you do not want the teachers calling on your child or want to prevent them from being, you know, zeroed in on or bothered, you can write that in that plan - anything you write in that individualized education plan must be taken care of.

Penny
So there are ways, if that's an issue for the parents, that we can work around that stigma. All that can be included in the plan. Wow. That's very interesting.

Aletha
Anything they need to be successful in the regular education program can be written in that plan and it must be followed through with.

Penny
So here's so far what I've learned from you today. And thank you very much. Even though I’ve worked with you with all these years, I've learned even more today. Write everything down, start early, anything you notice with your kid, if you identify that they need something to help them with their education needs, start documenting it earlier, keep it in a file. Don't write on your originals, because you might need those, keep a timeline, and be confident in speaking up.

Aletha
As you know, we have school systems that pay for the treatment program. If they have exhausted all other efforts in the school system to educate this child, and they're still not being successful. And that's the only other place that they can go. We have school systems that call and say, you know, “Will you attend this IEP meeting so that we can make sure this IEP will fit your program? Cause we would like to send the student to your program and they pay for the treatment.