Legal Files Archives

Back to School with an IEP
By Phil Stinson, Esq.

As Summer comes to a close, many parents are preparing for their special child to return to school. Quite often, this can be an exhausting and emotionally draining process, as there are often many uncertainties that accompany the child to a new school, a new class, a new teacher, and, often, a new group of peers. In my law practice, I try to prepare parents for each new upcoming school year by asking questions that help ensure that both the educational program and the educational placement are ready for the child. The below questions are examples that will ease the transition back to school for both parent and child.

Is the IEP current? Federal law requires that IEPs be drafted at least annually. Progress on IEP goals must be reviewed quarterly. As the new school year starts, it is imperative that the IEP in place reflect the child’s present educational levels, as well as goals and benchmarks that will allow the child to make meaningful educational progress in the upcoming school year.

Is the school ready for the child? Quite often, school districts wait until school commences before actually taking steps to ensure that the school is ready, willing, and able to implement each child’s IEP. If the IEP calls for certain assistive devices, installation of accessible facilities, or other special provisions, parents should inquire as to the status of the school’s readiness.

Have teachers and school staff been provided with a copy of the child’s IEP? On many occasions, I have encountered situations whereby the teachers (and other school staff having regular contact with the child) have not been provided with a copy of the child’s IEP, nor have they read the IEP. Parents can alleviate this potential problem by giving a copy of the IEP to school personnel before school starts, or during the first few days of school. Give a copy of the IEP to all school staff that could have contact with your child. Sometimes, it is a good idea to draft an "IEP summary sheet" with highlights of the IEP for support staff (such as the cafeteria workers that might come into contact with your child).

Is your child familiar with the layout of the school building? Many children with special needs resist changes to their routines, and can be upset by unfamiliar physical surroundings. If your child is attending a new school building, or a classroom in a different place within the building than last year, make a "dry run" to the school during August to help your child become familiar with the surroundings.

Has your child been introduced to teachers and the school nurse? Take the time to introduce your special child to key staff at school. If your child is mainstreamed for part of the day, it is important that the child meet all of their teachers prior to the first day of school. This is particularly true because special children often feel excluded in the mainstream learning environment if they only spend a part of the school day in an inclusion environment. Familiarity with the teacher prior to the start of school will help to ease transitions and reduce the potential for anxiety.

If the IEP calls for inclusion, are regular education (non-special education teachers) prepared to implement the IEP? Many regular education teachers assume a passive-aggressive posture to implementing IEPs for special children. Make sure that the regular educators are truly prepared to implement the IEP, that specially designed instruction will be implemented pursuant to the IEP, and that appropriate supports and resources are in place to assist the teacher in implementing the IEP.

Have you updated the Emergency Contact information on file with the school secretary and school nurse? Make sure that the school office has current emergency contact phone numbers on file so that parents, and other family members, can be contacted in case of emergency. Often, parents overlook new or changed cell phone and pager numbers. If you have changed cell phone providers since last Fall, there is a likelihood that the school has an inoperable number on file and will be unable to reach you without updated information.

Has appropriate school bus transportation been arranged? Sometimes school districts fail to make appropriate special transportation arrangements resulting in exclusion of some special children on the first few days of class. Parents should make contact with the school’s transportation director to be sure that appropriate transportation will arrive at your home on the first day of classes.

Have school staff received appropriate in-service training? Quite often, a child’s IEP calls for specialized training for school teachers and other personnel. Parents should make sure that such training has been provided during the Summer, or, that the training is scheduled to occur during the first several weeks of the new school year.

Does the IEP team need to conduct a team meeting? Parents can request that an IEP meeting be held at anytime during the school year. If any of the above questions can’t be answered to your satisfaction, you should demand that an IEP meeting be convened to address the problem.

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Phil Stinson, Esq. is a senior partner at Stinson Law Associates, P.C., a Philadelphia-based law firm dedicated to representing parents of children with special needs in federal courts throughout the country, is Director of the Special Education Law Clinic in Chester, Pennsylvania, is President and General Counsel of the Center for Education Rights (http://www.edrights.org) and is the editor of SpecialEdLaw.net, a multidisciplinary Internet resource portal (http://www.specialedlaw.net). Parents of children with special needs may contact Phil Stinson by e-mail at stinson@specialchild.com.

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