Q & A Should I Walk Out of an IEP Meeting?

I can't go into specifics, but I had a huge difficulty in my IEP today and I wanted to walk out early because it was going nowhere. What should I have said? Have you ever left an IEP early for that reason? After hours and hours, I ended up not signing the IEP it and rescheduling for another day.

It's pretty difficult to know how to suggest what you should have said.  Each situation is so different.  I would never suggest walking out of an IEP early, I think you did well to stay.  I always take my IEPs home, unless it is very simple, so that I don't have to worry about what is in the paperwork as I can very clearly see that the goals are what we discussed, the services are what we discussed and the notes are simple and I can take in what it says easily.  I just did that with an IEP that was to discuss an IEE and the district agreed to do exactly what we wanted, we wrote one goal, there was no change in services, and less than half a page of notes.  But that is rare.

I would write out what I wanted to see happen, maybe even send it to the head of Special ed if you think that would help.  If you need an evaluation to back up what you wanted think about that.  Was this a Triannual IEP?  If so you are entitled to an IEE in every area you think should be addressed.  They may try to say you are only entitled to them in areas that they addressed but that isn't true, they should have already addressed all areas of suspected disability and if they didn't then you have the right to an IEE in an area that you suspect now. It is best to include your suspected concerns on the Assessment Plan, but you are not responsible for all of the assessments being on there, they are.  If it wasn't a Triannual then you may need to ask them for evaluations and then get the IEEs after they present you with evaluations because their evaluation had to be within a year.  

I think it is always better to sign for the aspects of the IEP that you agree with (though usually at home), you will also look more reasonable that way should you end up in due process later.  I usually sign for goals and services except that I may disagree with the services being so few maybe in behavioral - so I would say "I agree to implementing the IEP as it is, but I do believe that there should be more behavioral therapy than is being suggested.  I will accept what is current ly being offered but do not agree that it is enough."  Or if they are suggesting reducing or removing services I would say "I do not agree with the reduction in services offered in this IEP.  I would like to request an IEE to confirm if the reduction is reasonable and in the meantime, I would like the district to continue the services as they were presented in the last IEP."  Then I would send a letter requesting the IEE and mention the stay put for services that you have requested.  The cannot legally discontinue services or reduce them now without taking you to due process to prove that they were right.  Most often the district will need to give you the IEE unless they are also prepared to insist that their evaluation was adequate - which then means you would need to get the evaluation and pay for it out of pocket and have the expert show that their evaluation was crap, but that may be a long way out and my never happen, just trying to give you advance warning. 

IEE FAQs

IEE FAQs:

An IEE is the basis for getting your child needed services through the school district.  The district does their evaluations and may find your child needs special education (or not) but then they do little to nothing to help your child actually learn and gain from their time in school.  Most children in special education have a specific need or needs that keeps them from learning in the general education classroom.  It is services that allow them to learn.  If your child has difficulty reading, then they need intensive instruction in reading.  If they have speech issues then they need speech therapy.  If your child cannot write well and has fine motor issues then occupational therapy is called for, or the OT may also help with sensory issues.  There are more servies than I will enumerate here, but the key to getting any kind of help for your child is often in the IEE.

WHAT:  IEE = Independent Educational Evaluation - should be done at public expense, the district can set up a contract with the expert so that you do not have to pay out of pocket, they will likely drag their feet though, so it might go faster if you can pay up front and have the district reimburse you, but, don't do that until you have an agreement in writing that they will reimburse you for the cost.  Districts often set limits on who they will reimburse, some of those limits are reasonable, others are not.  They cannot speicifically deny an IEE due to cost, though if your expert costs 5 times the prevailing rate they will usually not reimburse you for that IEE.  I have found the popular way to avoid the use of experts that do a good job of advocating for our kids in this areas is to set a mileage limitation on the experts one may use.  There are two ways to fight this.  1) they cannot set limits that they do not follow themselves AND 2) You may have a good reason for using these particular people for your child and you can argue why you need to use these particular experts.  All of our best experts are about 5-10 miles outside of the mileage limitations, but I have been able to use them so far by arguing that they do not adhere to their own limits, so I should not have to either.  Below is a letter I have used to make my point with the district.

As we are aware, all of these experts are outside of the mileage limitations as prescribed by the WESELPA, but that the WESELPA limitations are outside of the limits prescribed by OSEP.  See the letter copied into this e-mail below.  Because the district uses experts from outside the area set by the WESELPA, it can not set those limits for parents.  As I shared with you in an earlier conversation, Ms. Abby Rozenberg, who was offered as a provider of an IEE for another of my children, just over two months ago, is further away than these providers, so the distance criteria is not appropriate as per OSEP. The WESELPA mileage limitations are not in accordance with OSEP policy.

Thank you for your prompt attention to this matter.  Please see the letter below, and if there is any question as to the authenticity of this being in the Dept. of Education database I am including the link to this page on their site.  The letter I refer to is the third letter down from the top on that site.  http://www2.ed.gov/policy/speced/guid/idea/letters/revpolicy/tpiee.html  I am also including contact information for all of the experts listed, below the OSEP letter in order to make setting up contracts quite easy. 

Sincerely,

Linda K Higgins

Dated February 20, 2004

Alice D. Parker, Ed.D.

Assistant Superintendent

California Department of Education

721 Capitol Mall

Sacramento, California 94244

Dear Dr. Parker:

This is a response to your letter to Larry Ringer, Associate Division Director, Monitoring and State Improvement Planning, requesting guidance from the Office of Special Education Programs (OSEP) regarding an independent educational evaluation (IEE) under 34 CFR §300.502 of the regulations implementing the Individuals with Disabilities Education Act (IDEA).  Specifically, you ask whether it is permissible for a public agency to restrict a parent’s choice of an IEE to only the evaluators on a list provided the parent by the public agency and whether the public agency has the ultimate authority to choose the evaluator.

The current IDEA regulations specify that the right of a parent to obtain an IEE is triggered if the parent disagrees with an evaluation initiated by a public agency.  See §300.502(b)(1).  The regulations also require that on request for an IEE, a public agency must provide the parent information about where an IEE may be obtained, and the agency criteria applicable for IEEs. 34 CFR §§300.502(a)(2) and (e)(1).  The public agency must set criteria under which an IEE can be obtained at public expense, including the location of the evaluation and the qualifications of the examiner, which must be the same as the criteria the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to an IEE.  34 CFR §300.502(e)(1).  Other than establishing these criteria, a public agency may not impose conditions or timelines related to a parent obtaining an IEE at public expense.  See §300.502(e)(2).

It is not inconsistent with IDEA for a district to publish a list of the names and addresses of evaluators that meet agency criteria, including reasonable cost criteria.  This can be an effective way for agencies to inform parents of how and where they may obtain an IEE.  In order to ensure the parent’s right to an independent evaluation, it is the parent, not the district, who has the right to choose which evaluator on the list will conduct the IEE.  We recognize that it is difficult, particularly in a big district, to establish a list that includes every qualified evaluator who meets the agency’s criteria.  Therefore, when enforcing IEE criteria, the district must allow parents the opportunity to select an evaluator who is not on the list but who meets the criteria set by the public agency.  

In addition, when enforcing IEE criteria, the district must allow parents the opportunity to demonstrate that unique circumstances justify the selection of an evaluator that does not meet agency criteria.  In some instances, the only person qualified to conduct the type of evaluation needed by the child may be an evaluator who does not meet agency criteria.  For example, because children must be assessed in all areas related to the suspected disability, there may be situations in which some children may need evaluations by an evaluator who does not meet agency criteria.  In such situations, the public agency must ensure that the parent still has the right to the IEE at public expense and is informed about where the evaluation(s) may be obtained.  

Section 300.502(b)(2) of the regulations states that “If a parent requests an independent educational evaluation at public expense, the public agency must, without unnecessary delay, either (i) initiate a hearing under §300.507 to show that its evaluation is appropriate; or (ii) ensure that an independent educational evaluation is provided at public expense, unless the agency demonstrates in a hearing under §300.507 that the evaluation obtained by the parent did not meet agency criteria.”  Therefore, if a parent elects to obtain an IEE by an evaluator not on the public agency’s list of evaluators, the public agency may initiate a due process hearing to demonstrate that the evaluation obtained by the parent did not meet the public agency criteria applicable for IEEs or there is no justification for selecting an evaluator that does not meet agency criteria.  If the public agency chooses not to initiate a due process hearing, it must ensure that the parent is reimbursed for the evaluation.

At your request, we have reviewed the guidance provided by the California Department of Education (CDE).  We recommend that CDE add to the guidance after the first sentence that (1) the parent, not the district, has the right to choose which evaluator on the list will conduct the IEE; and (2) when enforcing IEE criteria, the district must allow parents the opportunity to select a qualified evaluator that meets agency criteria even if that evaluator is not on the list of potential evaluators established by the district.  In addition, the district must allow parents the opportunity to demonstrate that unique circumstances justify the selection of an evaluator that does not meet agency criteria.  We recommend revising the second sentence as follows:  if a parent elects to obtain an IEE by an evaluator not on the public agency’s list of evaluators, and the public agency believes the evaluator does not meet agency criteria or there is no justification for selecting an evaluator that does not meet agency criteria, the district may file for due process rather than pay for the IEE. 

We hope that you find this explanation helpful.  If you need further assistance, please call Dale King at (202) 260-1156.

Sincerely,

/s/ Patricia J. Guard for 

 

WHY: You disagree with the evaluation done by the district.  You can disagree with all or part of their evaluation.  Often times I find that the findings may be adequate, but that the receommendations are seriously lacking.  If you are asked what you disagree with it is generally safe to tell them that you are not comfortable with the recommendations made or the lack of recommendations as many districts do not allow the evaluators to make recommendations on their reports, thus keeping them from making recommendtion that the district would not like to pay for.  SOmetimes a distric tevaluation may not include all aspects of the area they should assess.  Our district repeatedly avoided valuating in the sensory realm, a huge area for my daughter, if the district does not evvaute in all areas of suspected disability then you deserve an IEE.

WHEN: When you disagree with the school district's evaluation in any one or several areas. Generally you might ask for an IEE in Psychoeducation, Speech, Occupational Therapy, Augmentative Communication, Assistive technology, Vision, Physical therapy, or any other area that the district may have assessed. The general rule of thumb is that the district should have performed the evaluation within about a year.

WHO: An expert in the particular field who has experience writing up reports that the district takes seriously. The evaluations they write up need to include an explanation of the tests they did, their conclusions, why they believe your child needs whatever they recommend, and goals for the district to implement.  A great IEE is one that lays out exactly why the child needs the services receommended so that the district is not as likely to go to due process to fight the need for more services, you want to win in the initial phase rather than ending up in court. It is usually not effective to use people employed at hospitals as they are experts at writing up an evaluation for funding from insurance companies for medical need, not for writing up educational need. They may be great at writing up reports but you want an expert who understands the educational system.

HOW: Get the names of great evaluators in your area from attorneys, advocates, and other parents who have been successful in getting their child's needs met. Don't use the people sugggested by the district. In most cases these people will not do an adequate job, they will often write a very poor report that does not justify any increased services and that is why the district recommends them.

Important Questions to Ask Yourself Before Your Next IEP Meeting

There are some things you need to keep in mind when you walk into an IEP meeting. You need to know what services they get and what you think they should get.  It is not uncommon for the District to make a change (usually to less) in services without specifically informing you that they are suggesting a change.  If you don't know what your child currently has they may recommend a reduction in services by simply saying we recommend that Child A receive group speech therapy one time per week for 20 minutes in a small group setting.  If you have forgotten that your child is currently receiving therapy twice per week in a small group setting for 30 minutes and one time per week in an individual setting for 30 minutes then you might give up two sessions and ten minutes thus resulting in a total loss of services of 80 minutes per week.  If we go in unprepared we have a lot to lose.  So we need to ask ourselves the following questions.

First:  What are the services my child currently has?
     What specific areas does my child get support in?  Speech/Ot/PT/APE/ABA/other
     How many hours per week/month does my child get support?
     Is that support in an individual/small group/group manner?
     Who is supposed to give this support?  Is it the therapist or an assistant to the therapist or a specific        credentialed teacher or the school psychologist or someone else?
     Do they receive push-in or pull-out services?

Second:  What are the services I believe my child should get that they are not currently receiving?
     Do they need an increase in current services or a switch from group to individual or from individual to group?
     Do they need a change to push-in or a change to pull-out services?

Third:  Has my child been making progress on each goal?
     Has that progress led to my child being ready to move on from the support service they have been receiving?
    If they have been making progress but are not ready to move on from the support service, does this goal lead to another goal or are they ready for a new direction with help?
    If they have not made progress what is the reason?  Was the goal too lofty?  Did the District attempt to work on the goal?  Was the goal just not right for my child?

Fourth:  What will I do if they District recommends reducing or eliminating a particular service?
     Do I agree that the service should be reduced or discontinued?  If I agree that a service should be reduced or discontinued, why do I believe that?  Is my belief based on what the District is telling me?  If so, have they been reasonable and trustworthy in the past?  If not, do I have information from a reliable independent expert that makes me believe that the service should be reduced or eliminated?  If not, I suggest asking for an Independent Educational Evaluation (IEE) so that you can get an unbiased opinion from an expert at the district's expense.

Going in to an IEP meeting with all of your information at your fingertips will make for less mistakes.  Less mistakes means a better program for our children, and despite the fact that we will likely make some mistakes along the way, reducing those mistakes will make for the best possible program for our kids.  Being prepared will make those mistakes we still make less important and have a minimal negative impact on our child's education.

Excuses to Avoid Giving Speech Therapy

Recently I have heard two absurd excuses not to give speech therapy. The first was that the difference in cognitive ability and speech was not two years apart.  The second was that the child's speech ability had plateaued.  Both of these excuses were delivered convincingly, but neither made sense.  Then there was the excuse they used for my daughter, which was also a bunch of "hooey" as Great Grampa would say!.  Here is why...

If a child has no speech at three years old it is very difficult to be sure of their cognitive ability, especially when one has not done a proper evaluation of their cognitive functioning, and especially if that testing was not done with a test for a person who is non-verbal.  Most schools do not do non-verbal cognitive tests on three year olds, probably because they don't want to lose their excuse for not giving speech.  Secondly, how will that cognitive ability go up any time soon unless the child gets additional assistance to understand the world around him or her?  Speech therapy would be vital to ensure that the child's cognitive ability increases.  This is certainly a way to create a self-fulfilling prophecy.  Don't give the child what they need so they won't progress so that you can continue to deny them the services they most need. In addition, not helping a child to learn to understand and to speak will be a sure way to create behaviors which will make it even harder for the child to benefit from any pitiful services that are eventually offered thus completing the fulfillment of the prophecy.

Then the plateau deal.  This was the child's first assessment with this SLP, and she had no records from which to make any judgments. How could she determine if he had plateaued without knowing where he was a year ago and a year before that and so on?  Wouldn't a plateau infer that the child had been progressing and then stopped?  It seems to me that the "plateau" line is a well rehearsed excuse to avoid giving services.  This time the excuse came from a Kaiser SLP.  This child's mother had heard that line before from the school, prior to his recent increases in ability to articulate and gains in overall speech thanks to his new communication device on the iPod touch.  It's too bad the Kaiser SLP didn't know the meaning of the word plateau or she might have tried a more convincing excuse!  

And finally, the one that made me laugh, but really wasn't funny.  The excuse for not giving my daughter speech was that she wasn't making "meaningful sounds".  Okay, so she can make sound, which is the first thing a person needs in order to make speech.  But they weren't meaningful...well, then isn't it their job to help the child turn the un-meaningful sounds into meaningful sounds?  Isn't that a lot of what speech therapy is?  Of course it is!

The lesson I take away from all these shenanigans is - If it seems like a stupid excuse, it probably is just that - just a stupid excuse.  If it doesn't feel realistic it's time to ask for an IEE.  Get the input of an expert who has nothing to gain from denying your child services.