The Individualized Education Program (IEP) meeting is an important part of the special education process. For parents, to feel strong and confident it is essential to have a plan ahead of the meeting. Before the meeting make sure you: Know your rights.  Familiar yourself with your state law and IDEA. Utilize websites, classes, and reading so that you understand what your child is entitled to and why.  Have well-organized records that you can refer to when needed. It is important for parents of children with special needs to keep well-organized records. This includes past IEPs, te ..read more

A child or an adult has a disability under the ADAAA if she or he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. 28 CFR 35.108 (a)(1)   Substantially limits" is not intended to be a demanding standard. An impairment does not need to prevent or significantly or severely restrict an individual from performing a major life activity to be substantially limiting; the question is how the impairment limits the individual's ability to perform the major life activ ..read more

The Individuals with Disabilities Education Act (IDEA) is a federal law that ensures all children with disabilities have access to a free and appropriate public education. One of the key components of IDEA is the Child Find mandate, which requires schools to actively identify, locate, and evaluate children with disabilities who may need special education services. This mandate places affirmative obligations on schools to proactively seek out and identify students who may be in need of special education services. So, parents, this means it is not all up to you.  We see so many students wh ..read more

Are you considering recording an IEP meeting with your school? It’s a great way to ensure that you have a record of the meeting and can refer to it if needed. It can be a good help for parents who want to reflect on discussions or if one parent can’t attend and wants to understand the meeting.  In many cases, schools consent to parents recording and some even make their own recordings. But the question we often get is can I do this without telling the school?  This often happens in situations where parents are concerned about things that are being said that they do not believe that s ..read more

In an unanimous decision today, the U.S. Supreme Court ruled in favor of a deaf student who sued his public school system for providing an inadequate education. The school district had argued that since Perez had settled his special education due process case under IDEA that he could not move forward to pursue damages under the ADA. The Court disagreed.  The case involved Miguel Luna Perez, a former student from Sturgis, Michigan. His parents argued that the school system neglected him for 12 years and lied to them about his progress, resulting in a permanent communication disability. Per ..read more

I am often asked how to advocate successfully for a child. After more than 22 years of advocacy, litigation, negotiation, and hundreds of mediations, parents (as well as advocates and attorneys) want to know techniques for negotiation and advocacy. My answer often initially perplexes them. Be like water. As parents, advocates, and even attorneys, most of us can often feel like we are constantly running into brick walls, hearing the word “no,” and dealing with school staff who while being kind and working hard are often overwhelmed and unwilling to offer help. Unfortunately many individuals wor ..read more

At a recent fall football gathering, as my husband and I sat outside, a couple was detailing their struggles with their son’s epilepsy in school.   Another friend, a special education teacher in another school system, asked about his health plan.   Their response?  He doesn’t have one.  Unfortunately, the lack of Individual Health Plans for children with health conditions, from Asthma to Allergies and from Diabetes to Epilepsy, just to name a few, is so prevalent across the United States that the Asthma and Allergy Foundation of America actually includes a section ..read more

While parents and advocates often lean into the plain reading of the Individuals with Disabilities Education Act, the Courts and the U.S. Supreme Court are the guidepost for the interpretation of the law. The U.S. Supreme Court can hear any case that involves a point of constitutional and/or federal law.   From Brown v. the Board of Education to the Endrew F. case the Supreme Court has a lot of influence on special education cases nationwide and how the lower courts and hearing officers (and thus schools) interpret and follow the law.   Whether you live in Alabama or Alaska ..read more

It approaches. Our official full launch. Complete with barbecue and potato salad. September 24th, 2022. More than a year of work, development, and time invested. Like most things in life we second guess ourselves, worry, over-think, and delay. The key in advocacy and in life is to keep sight of the end goal. For parents that goal is to raise a child to become as independent as they can be. For me, it is to take my knowledge and share it. A special thank you to Blake Alexander for helping make this launch party possible ..read more

A child’s needs change as they grow. What your child needed in elementary school is very different than what they need in high school. His or her coping skills, life skills, social skills, psychological health, and academic present levels also change. Grades are not the sole indicator of where a child is performing, especially when his or her instructional level is not clear due to modified instruction. Whether your child has a Section 504 plan or an IEP, your School district must evaluate your child on a periodic basis, including when it is clear that their needs may have changed.   ..read more