Parents are highly motivated to advocate for the best education possible for their child with disabilities.  They realize that their child's future depends upon obtaining appropriate services. 

“…[P]arents and guardians will not lack ardor in seeking to ensure that handicapped children receive all the benefits to which they are entitled…”

Board of Ed. of Hendrick Hudson Central School Dist. v. Rowley, 458 U.S. 176 (1982).

Parents are natural advocates and often have an intuitive sense as to what is appropriate for their child.  However, many parents become overwhelmed by the amount of information 
they must learn.  One way that parents can improve their advocacy skills is to network through joining local chapters of parent groups that offer information about your child’s specific disability.  Attending trainings and support groups that help you understand ways to use your rights under IDEA will also benefit your children.

When parents and school personnel can work together, this is always in the child's best interests.  However, special education services are intensive and expensive, while resources are limited.  Parents should educate themselves on how to exercise their legal rights to advocate on behalf of their children. 

In most cases, parents and school officials are able to collaborate in the child's best interests.  Unfortunately, interacting with school officials can become adversarial.  Sometimes school officials are as committed to maintaining the status quo as parents are to changing the status quo.  When this occurs, the parental advocate role can become very stressful.  Although the majority of disputes can be resolved without resorting to due process hearings, it is necessary in some cases to retain legal counsel.

Each public school child who receives special education and related services must have an Individualized Education Plan (IEP).  Each IEP must be designed for one student and must be a truly individualized document.

To create an effective IEP, parents, teachers, other school staff--and often the student--must come together to look closely at the student's unique needs.   An IEP must be developed to provide a baseline that reflects the entire range of the child’s needs, including academic (reading, math, communication, etc.) and non-academic (motor skills, daily life activities, health, etc.).  Background information about the child’s strengths, needs, learning styles, and interests needs to be gathered.  In order to form a balanced picture of the child from which to develop an appropriate IEP, parents’ input is critical.

In most cases, parents and school officials are able to collaborate in the child's best interests.  Unfortunately, for some parents, interacting with school officials can become adversarial.  Parents recognize that they must exercise their legal rights to advocate on behalf of their children, but at times, certain school officials are equally committed to maintaining the status quo.  As a result, this parental role can become very stressful.

Although advocating for their child's educational right is the most natural role for a parent to take, the assistance of an attorney can make all the difference in some cases.  Unfortunately, some school systems put more energy into labeling parents as being the source of the problem rather than opening discussing strategies that might actually help the child.

Although parents are the first-line advocates for for their child with disabilities, parents sometimes benefit by consulting with an attorney or having an attorney speak on their behalf.

Many parents report that bringing a legal representative to an IEP meeting radically changes the atmosphere.  Often, the presence of an attorney prevents the school officials from directing their energies toward one-upping the parent.

Unfortunately, some school systems have attempted to "up the ante" by making referrals to DFCS and forcing families to defend themselves against frivolous charges of neglect or abuse.  Further, a label that some school systems have tried to apply to parents is Munchausen by proxy.  This outrageous strategy must be addressed head-on.  Essentially the argument goes like this:  the mother has "issues" and invents disabilities to garner attention for herself.  Further, she seeks advantages in school for her child that special education can bring. 

Parents, no matter how well-balanced they may be, are understandably intimidated by these tactics.   Parents need to be fully prepared, with the assistance of an attorney if necessary, to deal decisively with these damaging labels before their child's education is negatively affected.

"Historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem; discrimination against individuals with disabilities persists...."

Americans With Disabilities Act of 1990, Sec. 2. Findings and Purposes.

“All children with disabilities are to be educated to the ‘maximum extent’ with children who do not have disabilities.” 

I.D.E.A. Sec. 612.5 (A)

These laws and others stipulate that exclusion from the regular classroom can occur only when education in regular classes cannot be achieved even with supplementary supports or services.

Today, many students are still being served in segregated settings, despite the fact that the concept of inclusion has been universally accepted.

We must continue to work for creative, individual situations for all students.

Documentation must be organized specifically around establishing a physical or mental disability that entitles your child to particular accommodations or services under the law. 

Parents tend to have huge files on their child's IEPs, and learn to never throw anything away because it might be critical evidence at a later time. 

Parents should make all requests for assessments, IEP meetings, correspondence, related services, etc., in writing.  Written requests are important because they initiate timelines that the school district must follow in response to your request. 

When you write a letter, send it by certified mail.  After phone discussions with school officials, write notes or emails that briefly outline your conversations.  Documenting your conversations helps prevent miscommunication and will create a paper trail. 

If parents wish to handle meetings with school officials themselves, they may find consulting with an attorney in advance to be helpful.  Ms. Stewart can help parents brainstorm to develop the necessary quality and quantity of evidence.  She can also assist parents in organizing and preparing their arguments.

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Accommodations are adjustments in the presentation of information or tasks that enable children with disabilities to complete the same work as their peers.  Examples include sitting near the teacher or extra testing time.

Fortunately for students with disabilities, the field of assistive technology is booming.  Having access to text that can be readily converted into spoken words can be a critical part of becoming a proficient reader, a student who is meaningfully included in school, and employable in the world outside of school.

"Incomprehensible jargon is the hallmark of a profession."
Kingman Brewster (1919-1988), diplomat and president of Yale University