A few things to keep in mind about IDEA / Special Education
IDEA is the law that created special ed and IEPs in high school. Civil rights law governs 504s (and also govern access in college along with the ADA). I understand the differences and given the choice between a 504 plan and an IEP I would almost always recommend pushing for an IEP for a neurodiverse student. There are some who would legitimately disagree with me on this, but that’s my opinion based on my experiences over the years in several different capacities across many students. For sure, you don’t need to know every letter of IDEA to navigate special ed, but I will leave you with a couple of important takeaways.
· IDEA 300.1 concisely spells out what the districts are responsible for, especially important for high school kids.
To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living
So remember that in high school the IEP should not just be focused on helping the student pass their classes and progress to the next grade and then get a diploma. The IEP, and ITP (Individual Transition Plan), should be robustly focused on building the skills the student will need in “further education, employment, and independent living”. I have had to take this section of the law into my IEPs early on to remind the team of that. More on how to use the ITP later.
· ALL services are driven by the IEP document. So this is where you want to put your efforts. Go over every IEP with a fine toothed comb and make sure goals make sense for your student’s needs and goals, benchmarks are there and make sense, narrative is accurate, services are accurate and robust, accommodations are accurate and effective, etc… DO NOT sign the IEP at the IEP meeting. Take it home and read it (maybe more than once)! Also know that you can sign part of an IEP and exempt other things until you and the district come to an understanding. What you don’t sign does not have to be implemented and any old provision will stray in place until you sign.
· Board of Education vs Rowley 1982 – this Supreme Court ruling basically stated that the measure of a Free and Appropriate Education is that the services need to be “appropriate” not necessarily “the best”. In short, the districts are not required to care about your student’s highest potential, only that they can access the education provided and meet IDEA requirements in terms of preparation for life after high school. So, arguments about potential or “the best” service may legitimately fall on deaf ears. I’m not saying to not go after the best for your student or to advocate for the district to help them reach their potential, but you just have to know HOW to frame your arguments.
· Know your timelines and exactly what is required by those deadlines. I have had special ed professionals blatantly not meet required deadlines with required actions and try to pass something else off in fancy language. Know your timelines and required actions and hold the personnel accountable. Conversely, by knowing the law you can offer the respect to these professionals they deserve for doing an incredibly difficult job, and not make a pain of yourself by asking for something they are not required to do. In addition, by verbalizing your knowledge you let the team know that you know your stuff and be on their A game with your student’s program in all areas.
· Realize that there are some things the district really can’t do, of shouldn’t be expected to. If you know the actual legal line in the sand regarding district responsibility and respect that openly with your team they will take you seriously when you do go after something.
· Always be diplomatic. In all things follow an adage I heard many years ago and can’t even remember who from (so apologies for not citing the sources). It was something to the effect of “Be fierce on the laws but gentle on the people”. There is no reason to attack the professional across the desk as you are firmly advocating that your student be provided what they are guaranteed by law. In the same vein, be extra generous with your appreciation and gratitude for the actions of the people who serve your student – it will go a long way. And this will set a more collaborative stage when you have to be less than grateful for something that is not going well.