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By Michelle Ball, California Education Attorney for Students since 1995 So many times I have met with parents who are beside themselves, unable to obtain services for their child based on a school "not having" services available at their site or in their school district.  Parents are often unaware that denial of special education services based on unavailability or lack of providers is not legal. Special education is based on the " unique needs " of each special education child and meeting those needs with educational services tailored to that specific student. Parents, being unaware of their rights and/or believing that a school IEP (Individualized Education Program) team is acting in the best interests of their child, mistakenly believe statements such as "We don't have any speech services in the school district;" or "There are no occupational therapists available here;" or "Those services are not provided in this school/district,...

By Michelle Ball, California Education Attorney for Students since 1995 Time and time again, I meet with parents who are baffled why their child's IEP (Individualized Educational Program) or 504 Plan (accommodations plan) is not being implemented at school.  Sometimes parents do not notice for years that although their IEP or 504 has many items which are supposed to be done, not all of them ARE being done.  This can be a heartbreaking discovery as lack of implementation may waste years of valuable time for a child. Special education (both IEPs and 504 Plans fall under special education), is awash with issues like this.  There are always questions of qualification and what to include in the IEP or 504.  But, once the 504 or IEP is finally complete, most parents mistakenly put their minds on other things, trusting the school to follow through.  Not so fast.  A parent's job is NEVER EVER done when their child is in school, special education or otherwise. ...

By Michelle Ball, California Education Attorney for Students since 1995 With special education, the magic document is the Individualized Education Program document, simply called the "IEP."  [The IEP document is different from the IEP meeting, which is also often called the "IEP."]  This is a multi-page document which outlines many important items for the child, including his or her placement and services.  As such, this is a very key item!  Often parents and schools disagree on some services and agree on others, but the IEP is presented as an all or nothing document.  How do parents partially consent to an IEP?   So many interesting things happen at IEP meetings to parents.  One of these is the far-too-common situation where the IEP coordinator tells the parents that they must sign the IEP that day, period.  The parents, despite disagreement with some services in the IEP, sign under duress, agreeing to things they don't want for their child. ...

By Michelle Ball, California Education Attorney for Students since 1995 When parents are faced with issues at school involving their child's education, such as a lack of school progress or repeated behavioral problems in the classroom, the school may suggest a special education evaluation.  Is this something that should be pursued?  What are the good and bad things to consider in deciding if you should allow your child to be evaluated for special education? With anything in life, there are costs (and benefits).  There are costs for taking a day off, costs for driving one way versus another, and costs for all decisions we make, big or small.  Our decisions add up over time, and choosing to pursue special education for a child is a big decision with many ramifications that may affect that child long into adulthood.   It would be difficult to list all costs and benefits of special education in a single document, but here are just some to consider when deciding whet...

By Michelle Ball, California Education Attorney for Students since 1995 Lately it seems not a week goes by that I don't accompany multiple families to IEP meetings (IEP: Individualized Education Program).  My clients find great value in attorney advocacy for their children.  When should you bring an attorney to an IEP meeting?  When you are done being spun in circles by your child's school and/or wondering whether your child is receiving appropriate services to meet their unique needs. IEP meetings can be confusing, tough, and yet, are rather important to a child's education and life.  A student's life can change for better or worse with a well written IEP and proper services.  This is because the purpose of the IEP meeting is the CHILD and their EDUCATION and meeting their UNIQUE NEEDS in the school.  If the IEP is unclear, wimpy or does not address all areas of need, well, the child is being let down and somewhat thrown to the wolves. Parents also are, w...

By  Michelle Ball , California Education Attorney for Students since 1995 In the Ninth Circuit Court of Appeals decision Anchorage School District v. M.P. (July 19, 2012, No. 10-36065), the Court ruled that the lack of an updated annual IEP (Individualized Education Program) plan resulted in M.P. (student) not receiving a Free and Appropriate Education (FAPE).  The Court also ruled that the parents were to receive reimbursement for private tutoring and attorneys fees. In  Anchorage, Judge Paez stated that a school district has only two options if the annual IEP remains unsigned (e.g. a parent wants more changes, rejects it, etc.). The District must then either: 1)  Continue working with the parents to develop an IEP which is accepted by all, OR 2)  Revise the IEP on their own and file a due process hearing to seek administrative approval of the proposed IEP. This is significant.  There are many times that parents have a signed IEP, e.g. fr...

By Michelle Ball, California Education Attorney for Students since 1995 Oftentimes parents attend an Individualized Education Program (IEP) meeting, and although their child needs additional services to meet his or her goals, can be denied needed services based on reasons such as: "no funding," or "we just don't have the resources," or "that is not available here as there are no staff."  Are these legitimate reasons to deny a student services that will meet their unique needs?  No! The whole special education system can be very overwhelming for parents and they often "trust" the IEP team to guide them on what their child should or should not receive as far as services, placement, and education.  Parents may also simply accept an IEP team denial of services based on money woes of the school district.  However, regardless of the funding problems school districts seem to be having right now, they cannot deny special education services based on t...

By Michelle Ball , California Education Attorney for Students since 1995 Thousands of parents have their children in special education, but do not have any idea what "special education" really is.  In fact their special education definitions can vary greatly as no one is out there giving them instruction or direction on the LEGAL definition of special education.   There IS an actual, specific, legal definition, of "special education" outlined in both state and federal law. Per California Education Code section 56031(a) "Special education," is: " specially designed instruction, at no cost to the parent, to meet the unique needs of individuals with exceptional needs, including instruction conducted in the classroom, in the home, in hospitals and institutions, and other settings, and instruction in physical education." The federal definition, outlined in the United States Code, volume 20, section 1401 (29) [ 20 USC 1401 ], which is even more brief:...

By Michelle Ball, California Education Attorney for Students since 1995 Special education can be very confusing for parents.  As such, I made a short video which goes over some Individualized Education Program (IEP) basics, how to prepare for the IEP, and tips to improve the special education process. Please watch my video here to find the inside scoop: I hope this helps all the parents out there trying to get a more appropriate placement for their children. Best, Michelle Ball Education Law Attorney LAW OFFICE OF MICHELLE BALL 717 K Street, Suite 228 Sacramento, CA 95814 Phone: 916-444-9064 Fax: 916-444-1209 Website: http://www.edlaw4students.com/ Blog: http://edlaw4students.blogspot.com/ Twitter: http://twitter.com/michelleaball Youtube: http://www.youtube.com/user/EdLaw4Students Please see my disclaimer on the bottom of my blog page [ http://edlaw4students.blogspot.com/ ]. This is legal information, not legal advice and no attorney-client relationship is formed by this post...

By Michelle Ball, California Education Attorney for Students since 1995 Summer often can be a very different time for parents as school year woes fade away.  However, despite the new schedule, with kids at home, summer vacations, and other activities, parents should use the summer to make the upcoming school year more productive, for themselves and their kids. Parents should try some of the below items (aka a short special education checklist) to make next year easier: Organize 1)  Put   student special education and other records into date order with the most current on top. 2)  Three-hole punch them and insert into a 3 ring binder. 3)  Separate by year (e.g. put dividers between school years). 4)  Tab key documents (IEPs, assessments, etc.) for easy reference, e.g. at IEP (Individualized Education Program) meetings. Compare 1)  Now that the records are in order, they should be reviewed and compared to see what is amiss and whether regressio...

By Michelle Ball, California Education Attorney for Students since 1995 Going to an IEP (Individualized Education Program) meeting is not just "going to a meeting," although it may seem like that.  It is going to war.  This is a war for our children and their education.  IEP meetings tend to be deceptively simple, where everyone "gets along," and the school members seem to decide all, with the parents just observing.  As such, it is important, prior to going to any IEP meeting, to put together documents which will help parents get what they want for their children.  This can mean the difference between a good education and a bad one for a special education student. A critical document that a parent should obtain well in advance of the IEP meeting is a  demand letter from an attorney setting forth requests and support for those requests.  Often parents' wishes may be ignored until an attorney steps into the matter.  Attorneys speak with authority ...

By Michelle Ball, California Education Attorney for Students since 1995 It does not cross the minds of most parents that certain language related to special education is somehow "bad," or that using a single word in the quest for services could cause a parent to fail.  However, there is one word which ranks in my book as the number one most hideous, most awful word when it comes to special education- BEST  (otherwise known as  "B***").  Now, this is counter intuitive, but it is true. Parents often believe that special education is to provide their child with the "best" education.  Little Johnny ought to be placed where he has the best chance to succeed, in the environment where he will go the furthest, at the school which interests him the most, right? Obviously, he deserves the best, doesn't he?  I hate to break it to you, but the answer is NO.  Johnny is not entitled to the best school environment, best services, or anything "best" at all, ...

By Michelle Ball, California Education Attorney for Students since 1995 When parents first get involved in special education, and even over time, the whole process can seem incredibly intimidating. With a little understanding and preparation, parents can handle their child's special education IEP (Individualized Education Program) team meetings better and can improve their child's education. INTIMIDATION BY NUMBERS PLUS INVALIDATION OF PARENT INPUT When parents walk into an IEP meeting for the first time, it can be scary and confusing.  There is an US versus THEM sort of feeling.  Parents are met by a whole group of school and district personnel who far outnumber the parents, and who have various impressive credentials, training, and experience.  On the other hand, they are just ... parents . Parents as "parents" are actually a group which I have found to be lessened and invalidated as far as their input.  In reality parent input is VERY valuable and VERY important...

By Michelle Ball, California Education Attorney for Students since 1995 The "Ottowa Citizen," a Canadian newspaper, recently reported that there may be a 4 year wait to receive a special education assessment in that region, and that teachers are specifically being told not to refer students for a special education evaluation (see link following my signature below). Luckily, in the United States we do not have to wait four, three, or even one year for a student to be evaluated for special education.  Assessment is mandated within specific timelines once a referral for special education is made. Under the United States Code [20 USC section 1414(a)(1)(C]):   "Initial evaluation shall consist of procedures- (I)  to determine whether a child is a child with a disability ... within 60 days of receiving parental consent for the evaluation, or, if the State establishes a timeframe within which the evaluation must be conducted, within such timeframe; and (II) to de...

By Michelle Ball, California Education Attorney for Students since 1995 Individualized Education Program (IEP) meetings (for special education students) can be very confusing.  They are made up of a group of individuals with different education levels, credentials, and motivations. Parents also often feel they are outnumbered or ill-prepared.  This is especially true if they disagree with the rest of the IEP "team."  As such, in their IEP preparation, parents should take the necessary steps to record their IEP meetings. WHY SHOULD I RECORD? Although at an IEP meeting there is an official note taker who is an employee of the school district and/or school, WHAT this person notes down and emphasizes is totally up to them.  As such, the note taker may miss things, or may not note down things a parent thinks are important. Also, as parents are usually involved in the IEP discussion, they may be unable to take adequate written notes themselves or may take no notes at all. ...