IEP Tips - Part 2

What to do if you have to file for Mediation or Due Process

First of all, if you missed the IEP tips part one, you can find them right here. Second, these tips were formulated by Dr. Linda Brake who worked in the school district that Kennedy was in last year and actually sat across the table from us at mediation. Who better to ask, right? She put together some great points if you are heading into mediation and/or Due Process... and I might add some of my own thoughts below that. ;)

This comic always makes me laugh. I was totally "Annie's mom" before Kennedy started school. I know many parents out there who get slapped with reality after their child starts school, but the nationwide survey that we put out there shows that most people are happy with their IEP teams, so take heart! I'll publish those results as well in the coming days. OK onto the tips: 

• Know and understand your parental rights under IDEA. 

I talked about this in my IEP tips as well. Get a copy of your state code, be prepared! If you live in Tennessee, the STEP program offers free training workshops for parents of kids with all special needs. It's 2 or 3 hours long and they throw a lot of information at you. You may even want to take it twice. It's seriously worth your time though! And I think they give you a complete copy of our state code! ;) Please don't wait to take this class until you have to file for Mediation though, it might be too late! 

• Remain Calm and Professional to Boost Credibility

This goes back to "leave your emotions at the door", and again, easier said than done for some. Still, it's not going to get you anywhere to go in ranting and raving and cussing everyone out. (I didn't do that, I promise! I just cried! HA!) Also, treat mediation and especially due process like a business meeting. Don't go to Mediation in jeans. Dress the part. 

• Have evidence to prove your allegations 

Do you want more therapy for your child? Why? Be able to prove it! Do you want an expensive communication device or a one on one aide? Show the research as to why these things will help your child succeed academically. Remember, you can't say, "Well Bob has an aide! We want one too!" An IEP is individualized to your child. Just as you shouldn't care what anyone else in the school is doing, neither will the district. If you're going to Due Process, bring in expert witnesses on your child's condition or in the field you're fighting for. Do you want full inclusion? You better have research as to why that's more appropriate (not best) for your child. There are experts out there who will come testify in court. Other good witnesses would be your child's pediatrician, private therapists, and parents of classmates who witnessed your child thriving in an inclusive environment. Have a whole list ready to go! 

• Be Clear in What You're Asking For

Don't leave any doubt in the minds of the district about what you want from them for your child. When you file for Mediation you have a form to fill out and turn back into your LEA. On that form, state clearly the reasons that you are filing. Don't second guess yourself. Don't send mixed messages. Keep it short, clear and concise. "We the parents of Jane Smith are filing for mediation to obtain more speech and occupational therapy in a private setting. We do not feel the group setting is appropriate for her for her therapies, but since her IEP team disagrees we are requesting mediation to resolve this matter." There is no question about what Jane's parents want for her, right? Be clear. 

• As soon as you file for Due Process, request a copy of your child's records. 

They're your child's files and you have a right to them. Don't let anyone tell you otherwise. I might suggest requesting that copy even before you file for Due Process. You never know when  important documents will get lost... or changed. Just sayin'. 

• Understand 'Stay Put'

Until Mediation and/or Due Process is completed, there is a 'Stay Put' on your child's IEP. This could work in your favor or it could work against you. In our case, it would have worked in our favor. If we had pursued Due Process, it would have run into the following school year and under the 'Stay Put' law, Kennedy would have remained in the same setting with the same services as her previously agreed upon IEP. They could not have moved her into a restrictive setting unless it was so ordered by the judge. However, if you're fighting for more services or to get your child out of a restrictive setting, this would work in the school's favor because again, they would not move your child or provide him those extra services until it was so ordered by the judge. Clear as mud? :) **Note: Under IDEA 2004, 'Stay Put' does not apply to appeals of disciplinary decisions.**

• If Mediation is selected, be sure you are willing to compromise. 

So, you don't have to go to Mediation. You could skip it and go directly to Due Process. However, this doesn't look very good to the judge, so you should at least try Mediation, and who knows, it may be successful! A successful Mediation, however, requires BOTH parties to be willing to compromise. Sometimes this happens, sometimes it doesn't. Make a list of the things you are asking for and then make another list of the things you would be willing to compromise on... If you go in so set that you're not going to compromise at all, then you're wasting everyone's time and you may as well go straight to Due Process. 

• Be Prepared

Just like for the IEP meeting, just like for every other important meeting you've ever been to, go prepared. Know what you're going to say. Have your binder. Bring back up. The boy scouts will be proud of you. ;)

• Communicate Effectively

I think this goes back to being clear about what you want. If you're not sure, then how is the Mediator (or judge) going to give it to you? Going in and yelling and screaming at the district will get you nowhere. Be willing to communicate no matter how angry you might be. 

• Be sure you understand everything at the time it is being said

There are no stupid questions. If you don't understand something that was said, especially if you're coming to a compromise in Mediation, ask for clarification. There were lots of things that I thought I understood in our Mediation, but once I asked more questions, it was a deal breaker. I'm glad I asked when I did or I would have signed something that I didn't really agree with without knowing it! 

• If at all possible, get a lawyer! The school district will be sure to have one, you should too! 

So this should really be the number one tip not the last tip. If you're even considering filing for Mediation or Due Process, get a lawyer! There are a lot of great lawyers out there who specialize in Special Ed law. The district has to provide you with a list of lawyers who work at reduced cost if you ask for one. Make sure your lawyer is a good one and will take the time to do his/her research and fight for your child. You do not want to go this process alone. It can get very personal and very ugly very quickly. I loved my fancy Nashville lawyer... who worked pro bono. (Sorry, little inside joke there.)


I also want to recommend these books again. I know I've done it before, but I guess it can't be said enough... 


From Emotions to Advocacy - The Special Education Survival Guide, 2nd Edition
by Pam Wright and Pete Wright was published in January 2006 (ISBN: 978-1-892320-09-4, 338 pages, perfect bound, $19.95).

"If I were asked to choose just one book to help me learn advocacy skills, this is it!" - Support for Families of Children with Disabilities

"A superb reference, From Emotions To Advocacy is highly recommended reading for parents of children in need of special education services ... it's filled with tips, techniques and a wealth of resources, from web sites to worksheets, forms, and sample letters …" Midwest Book Review









All About IEPs - Answers to Frequently Asked Questions About IEPs
(ISBN: 978-1-892320-20-9) by Pete Wright, Pam Wright, and Sue O'Connor, 192 pages, $12.95.

In this comprehensive, easy-to-read book, you will find clear, concise answers to frequently asked questions about IEPs. Learn what the law says about:

IEP Teams and IEP Meetings
Parental Rights & Consent
Steps in Developing the IEP
Placement, Transition, Assistive Technology
Strategies to Resolve Disagreements







And that's it! (I know, you're saying, "Thank goodness she's done talking!" HA!) Again, I hope these tips were helpful if you DO have to go to Mediation and/or Due Process. Linda said that looking in from the other side of our whole process, this comic best described me: 

Hopefully there will never be another "next time", but if there IS, I'll be more prepared! Experience is a good teacher!