The Special Ed/IDEA Process - Texas

I am a former teacher and would be happy to answer any questions that you may have. I have been through the process countless times. Let me know if there is any way that I can help.

You have found the right place to start. The article about understanding Test and Measurments is a must, follow the directions and read it over and over until you can interpret the evaluation data yourself. This is the first way to insure that they are not trying to get one over on you.

Understand what Prior Written Notice is, and request it often. This is not your invitation to the ARD meeting, it is a tool that you can use to make them write down exactly what they are proposing to do, and what they refuse to do, and they must tell you in writing what data they used to make a decision. If a school district official pretends to think that PWN is your invitation, you know that that individual is someone you cannot trust, because they know exactly what that is, and use this ploy to waste your time making you explain it to them.

As others have said, do everything in writing. If you get a call, follow that up with a "confirmation" email and make a copy of it to keep in your records. Tell them: "you said x, y, z...I will assume that I have this correct if you do not send me a follow up email." If it did not happen in writing, it NEVER happend.

Maintain a good relationship with the district and give the people you deal with the opportunity to save face. Try to remember that the teachers you deal with probably went into special education to help children and never dreamed that what was good for their career would be bad for kids, but that is where many teachers find themselves. When forced to make this choice, they become defensive. It is also important to realize that no matter how bad things get with the district, everything that they do and say will not be evil-this is a common trap that parents fall into, so be willing to give them credit where credit is due.

Most important: you should have your own evaluation and never know less than the school does about your child. If you do not have a comprehensive evaluation from a Developmental Pediatrician, get one. You do not have to share this information, but you can. Arguing with the school about a diagnosis is a waste of time. The school is not there to diagnose, you should own the evaluation that contains the diagnosis. The school is there to assess educational needs and provide him access to general education. You will always want to suplement his education with private therapy and services. Get as much as you can afford, as early as you can. The standard is "some educational benefit" and this is a VERY low standard. You want more than that for you child. No, it is not fair, but it is reality. The bar is set so low that most districts can jump the bar even when they provide horrible services (in court) so you do not want to get to a point where you have to challenge them. The reality of IDEA is really found in how the hearing officers and courts interpret Texas code, and the deck is stacked against parents and children.

Understand Least Restrictive Enviornment. This is a double edged sword, you are requesting services for your child that will change the general education provided to him, and the importance of knowing what everyone esle gets cannot be underestimated. Special education is all about access to the general education classroom; but to provide this, very often that means removing him from the general education classroom. Very often, arguments with the school begin over a disagreement about LRE, you may want a service that they say violates LRE, or the school wants to pull your child out of the regular class and you are arguing that this is a violation of LRE. What you are trying to do through special education is to give your child a "ramp" to be able to access what typical kids access. That access is key, but the school district has very little obligation for the quality of this access (IDEA is a procedural statute-substance is elusive) and this will frustrate you. You will want much more than this basic floor of opportunity for your child, and the first step is knowing exactly what that is, what your son needs, and how to measure it.

You should focus on specific needs in the school districts language. Know what the grade level standards are (in Texas, this used to be called TEKS-find out exactly what your child should be learning and use thier langauge and these are available on the web.) Most districts will have a test that is based on these standards, and will have a computer program that will plug in several of the objectives with generic IEP goals. Know how many your child will be working on, if there are 100 standards, and you child will work on 5 that year, then you need to address that if you think that your child needs more and ask how they will address them. This is called "ciriculum referenced" testing, and is used to measure what you child is learning in terms of these standards, and will be what you will be most successful getting as the "measurement" to determine his progress. Use the evaluation testing, or "norm referenced" testing to keep track (schools will refuse to use this testing as an IEP measure) understand both so that you can use them effectively to know your son is making progress.

If you need any further help, you can send me questions. I escaped Texas a while ago, but have learned this road the hard way. I used to sue school districts in Texas as a parent advocate and I don't recomend that you let things go that far if you can avoid it.

M.

Hi D.. I'm beginning the process now too. Wrightslaw really is the definitive place for information. But even having gone through one of their seminars, it is still very, very overwhelming!

I recommend you purchase a copy of the Wrightslaw book, "From Emotions to Advocacy." It is very well organized and can take you through everything chapter by chapter. But your greatest source of information will be talking to Moms who are already navigating through the system in your school district. Perhaps you could contact your school's PTA and ask if there are any local support or networking groups for families involved in Special Ed. If not, you could just ask if they might pass your name on to another Mom (with a child in the program) that would be willing to talk with you. Finally, if you have utilized your State's Early Intervention program, you can contact your Parent Liaison and ask her if she could link you up with a Mom in your school district that you can talk to.

Best wishes to you and your son!

EDIT: The #1 Do/Don't I learned from the Wrightslaw Advocate was: No matter what happens, try to work with the school as a "team" (don't demand things, try to position things so that they look like the "experts," etc.) Even if they are uncooperative or problematic, do not get emotional and do not burn any bridges! Also, put everything down in writing...and keep all documents in a file.

One of the best websites is: www.nichcy.org . It is funded by the dept of special ed and has an 800 number you can call with questions.

The biggest thing to remember is to relate everything back to EDUCATION - if you show how certain deficits are impacting your child's SCHOOL function then the school must address those issues.

DO:
• educate yourself on the process
• be courteous and polite no matter what
• stand your ground and fight for what your child deserves
• speak up if you don’t understand something they said/term they used
• make sure every one is present who should be present – if not question them about it

“Don't forget to” include issues with:
• transportation (e.g. on/off school bus),
• lunch room (eating meals there, paying of meals, etc),
• art/music class,
• gym classes (participation, changing for gym),
• transitioning from one room to another, etc .
• modifications (e.g. testing oral vs written, increase time for work, decreased amount of homework, not being graded on handwriting, using a slant board to write, keyboarding vs handwriting, use of picture schedules, etc)

Also the biggest thing is to ALWAYS have the school put EVERYTHING in writing. If they say "Yes, we will give your child an aide" make sure they write it down! If they say "don't worry, we can write it in later" and you feel your child need an aide DON’T SIGN the IEP. If there is anything you disagree with – DON’T SIGN THE IEP. An IEP is a legal document – by signing it you agree with everything in the document. If it is in the IEP and the school doesn’t follow it, the school can get in big trouble.

Good luck!

Our son went into to special ed in kindergarten. We live in Frisco and the support from the school and the teachers has been phenominal. We have our yearly meeting and you can always ask for additional if you feel they are needed. Our son will probably test out next year in 5th grade. If you need to talk, please feel free to send me a private message and I will reply with my phone number. God bless

I really don't think a school will try to "pull one over on you". As long as you ask that everything be explained thouroughly and ask for clarification if you don't understand something, you will be doing just what your child needs. It's not you against the school. It's all of you working together to do what's best for your child. Good luck!

You are early in the process. Make sure you keep copies of every test that is done with the school district and if your insurance covers it or you can afford it, get speech, OT, PT, neurologist, and any other professional testing done on your own. It may be worth hiring an advocate as well. Texas isn't the most generous state when it comes to Special Education. Not sure what your child's issues are but higher functioning kids are even more difficult to get adequate services. If you have a severely autistic child like I do you'll have to supplement any services you may get from the school.

What exactly are you trying to do for your child? What types of services are you seeking for him/her? There are so many different programs out there. You should be given a handbook with the parent/student rights. Get to know that handbook. Know that there are time limits on things. The school has 60 days from the date of your request to test/diagnose your child. Then they have 30 days to set up a meeting with you. This can and should be waived at your request. The squeaky wheel gets the oil. As much as I hate to say it, your probably going to have to be a pest in a nice way in order to get things moving quickly. Good luck.

You are correct it is a ton to absorb. I am currently a teacher and I am getting my Masters in Education. A majority of my classes involve satisfying the legal need and accommodations of Special Education Students. It is important for you to be educated on your rights as a parent and the rights of services for your child. Most schools will not try to pull a fast one on your intentionally mainly because they are legal bound to follow a specific sequence of steps to fulfill the NCLB Federal requirements and the IDEA. When working through my course, this document I found particularly helpful. http://framework.esc18.net/Docs/ARD_Guide_MAR_2010_Englis...

I'm right there with you about the confusion. It took me 2 years to get my daughter diagnosed with her very obvious dyslexia. She finally got her diagnosis in January and we found out she is also dysgraphic and dyspraxic. I met with the teacher and principal about a week after her diagnosis and although there have been some minimal accomadations, we still have not had her 504 hearing.

The process is long going. For my daughter's particular needs we are not doing Special Ed. Although she struggles, she is still an A/B student. Over all it seems as though getting assistance when your child still has good grades is even more challenging.

We are in Fort Worth so you and I will likely be experiencing many of the same issues. Feel free to keep in touch with me and share your struggles and triumphs.

My little sister was in special ed for autism, and still is. (staying an extra year in 12th grade in fact) she is in the hurst school district, though. my parents had to change to a school in a different district in order for her to be tested. not all school have the means and funding to do so. this one did, and they tested her iq and had a psychologist at the school to further determine her needs. then, she was put in a class appropiate for her.

My daughter has Autism and is in public school in Arizona in a regular classroom with peers her age. Luckily the schools here have been really good and they have provided the extra services my daughter needs without us having to fight for them, for the most part. Although one school said they could not provide the extra help she needed so we took her to a school in the neighboring school district (the school districts in the 3 towns near are open enrollment so a child can go to any school within the 3 districts).

I believe the federal government provides services through the Department of Developmental Disabilities (DDD) in every state. I do not know what your son was diagnosed with or if he was diagnosed with anything, but the DDD provides services such as advocate services, occupational therapy, physical therapy, speech therapy, etc. to people with 6 or so different types of disabilities. My daughter did not qualify because she was too high functioning and I hear it is a hard program to get into but it is worth a try. Here in Arizona it was through the Department of Economic Security. I am sure if you search DDD or DES in your state you could find some information about it.

I don't know how things are in Texas, but in California, the budget is very tight. You can't get anything unless you bring an advocate with you the the IEP. This can get expensive, but it's worth it!

Good luck! Fight the good fight!
C.
www.littlebitquirky.blogspot.com