Y3K Tutor In Your Home

IEP Fact You Need to Know #5

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Is your child on an IEP? Did you know that the school district could at any time suggest your student should no longer receive special education services? However before the services end, the school district must honor a parent’s request for a complete reevaluation prior to them taking any action to end services. Make sure to put the request in writing.

Fight Back – Special Education Appeals Hearing

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Parents most likely would find it difficult to represent themselves at a Bureau of Special Education Appeals hearing. This is especially true when going against a school system that has hearing experience, knows what they are doing and have their own lawyer to defeat you at all costs. Statistics show that parents without a lawyer are less likely to win against school districts.

If a parent believes they have a strong case, their best bet is to hire an educational lawyer to fight back. Although hiring a lawyer can cost money, if the school district loses the hearing, they have to pay the parent’s attorney fees.

Check back here next time as Y3K Tutor In Your Home will present some little known IEP facts that you need to know.

Special Education Hearings

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Here is the situation. You disagree with the school district’s findings about your child’s IEP. You reach out to the Bureau of Special Education Appeals and they schedule a hearing. Most people do not have any idea about how these hearings work.

At the hearing, a hearing officer presides over the proceedings. They are conducted in a conference room and not in a courtroom. Hearings usually last about three days. They are like a court trial. The parent has the burden of proof to demonstrate their child is not making effective progress. The school district will be represented with a lawyer.

A parent at this point will have to present legal arguments, cross-examine witnesses, work with experts, and write closing briefs based upon research of legal principals. They would also call experts on their behalf like the child’s neuropsychologist to testify.

This sounds nearly impossible for the common non-lawyer parent to do all of this and actually defeat the school system. Next time we will look at how victory can be accomplished.

The Fight For Special Education Services

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Our Y3K Tutor In Your Home tutors hear horror stories all the time from parents that feel worn down and defeated by uncooperative school districts. In order to save money, they refuse to provide services to special education students who need them. The first course of action is to discuss and reason with the school district’s special education coordinator. However if you are dissatisfied with the official conclusion and results, you can continue the fight for your child.

Parents can contact the Department of Elementary and Secondary Education’s Problem Resolution System. Also a request can be filed with the Bureau of Special Education Appeals. The Bureau of Special Education Appeals may request mediation or schedule a hearing.

How do these hearings work and what should you do at the hearing? Come back here soon for all the details.

Special Education Stress

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The special education process is very stressful for parents. It can become very emotional and confusing when fighting for the rights of your child to receive the services they need. What should a parent do when the school system fights tooth and nail to withhold services and not cooperate? Check here next time as Y3K Tutor In Your Home shows you how to fight back.

Special Education Evaluation Parents’ Rights

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The school district will conduct a thorough evaluation using their specialists. However sometimes parents may disagree with the results of the evaluation. Perhaps the school-sponsored evaluation missed diagnosing a condition that you have previously observed. You do not have to accept the school district’s conclusions. Parents have the legal right to get an independent educational evaluation by a professional in the area in which they have concern if they disagree with the school-sponsored evaluation.

Schools Reopening: Social Distancing

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One controversial part of the Massachusetts plan to reopen schools is the section on social distancing. Before reading the plan, keep in mind that the Centers for Disease Control and Prevention (CDC) has recommended maintaining a physical distance of six feet between individuals to stop the spread of the COVID-19 virus.  Here is their social distancing plan for schools reopening:

 

●Distancing requirements: Schools should aim for a physical distance of six feet when feasible, and three feet is the minimum distance allowed. Schools should seek to maximize physical distance among individuals within their physical and operational constraints.

●Classroom and facility configuration: To the extent possible, desks should be spaced six feet apart (but no fewer than three feet apart) and facing the same direction.

●Alternative spaces in the school (e.g., cafeteria, library, and auditorium) should be repurposed to increase the amount of available space to accommodate the maximum distance possible. In these larger spaces, establishing consistent cohorts/classes with separation between the cohorts/classes provides another option to maximize these spaces safely.

●Additional safety precautions are required for school nurses and/or any staff supporting students with disabilities in close proximity, when distance is not possible:These precautions must include eye protection (e.g., face shield or goggles) and a mask/face covering. Precautions may also include gloves and disposable gowns or washable outer layer of clothing depending on duration of contact and especially if the individual may come into close contact with bodily fluids.

 

Although not as feasible, 6 feet social distancing is known to be safer. What do you think of them reducing the number to only 3 feet? Be sure to check here soon for the school reopening plan for how to manage student groups.

 

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