"If you can help someone and you don't, it's a sin."
Dr. John Padilla
The Alberhasky Law Firm, P.C.
419 Boonville Avenue
Springfield, MO 65806
ph: 417.865.4444
fax: 417.865.5159
info
419 Boonville Avenue
Springfield, MO 65806
Ph: 417.865.4444
Fax: 417.865.5159
Ms. Alberhasky provides legal representation and consultation to parents and guardians of children with disabilities. Her practice includes the following areas:
- Obtaining an appropriate Individual Education Program (IEP)
- Eligibility under the IDEA
- Section 504 issues,
- Due Process Hearings
- OCR Complaints
- Appeals
Ms. Alberhasky offers different payment plans and keeps her fees low because she understands that limited financial resources - especially during our current economic climate - often prevents families from accessing legal representation. Her initial consultation is always free.
SPECIAL EDUCATION:
TOP TEN TIPS FOR PARENTS
1. Document, Document, Document. Every request to the district should be in writing including requests for evaluations, a copy of your child's educational records, request for an IEP meeting, etc.
2. Prior to a meeting make a written request that the district supply you with any and all documentation the district relied upon or created for the IEP/504 meeting. The documents should be supplied to you at least two days prior to your meeting to give you an opportunity to review the documents. This includes the draft IEP, evaluations, school work, etc.
3. You are an equal member of the IEP team. This means you are to have meaningful participation in the meetings including the decision of placement. Do not be hesitant to exert your rights as a full member of the IEP team.
4. Know what you want. Prior to an IEP meeting write a list of the services and support you wish the district to provide to your child. As you go through your requests at the meeting, write down the school's response to your request. If the district denies a request, you're entitled to "prior written notice" which is a written explanation from the district detailing the bases for their decision.
5. Never go to an IEP meeting alone. If you are married, take your spouse. Both parents should attend if it at all possible. Federal law allows parents to invite anyone who has knowledge of their child. This can be a friend, a grandparent or an advocate. Have them to take notes during the meeting. You can take as many people as you like.
6. In the Present Level of Performance section of the IEP there is a section for "parent concerns." Write a list of your parent concerns. There is no length limit so write as much as you feel is necessary including what your expectations are for your child. Provide a copy to the district with an accompanying letter (see tip #1) requesting your "parent concerns" be attached to your child's IEP.
7. Placement should never be discussed until the entire IEP has been written. Placement must be in the Least Restrictive Environment (LRE). Placement can only be based on the IEP and not on the category/significance of disability, availability of services, availability of space or administrative convenience.
8. Do not argue during meetings. Try not to engage in a debate. Instead ask questions - a lot of questions. Ask who, what, where, when, how and then ask the school personnel to explain some more. Listen to the responses and then ask more questions. Instead of trying to convince the district of the validity of your position, make the district defend its position. This can be a very effective method to advance your position. You might also be amazed by the information you can glean from employing this method.
9. You do not have to sign documents at the IEP meeting. Request a copy of the final draft IEP for you to take with you when the meeting ends. Ask the district to provide you with a final copy for you to review prior to you deciding whether to sign. If the district insists you sign at the meeting and you do not feel comfortable saying "no," you can sign your name with a notation that you are signing to show you attended the meeting but your signature does not indicate agreement.
10. After every meeting write a nice letter - not angry- to the district memorializing what occurred at the meeting. These letters could prove important should you need to go to Due Process.
BONUS: Never accept legal advice from school personnel. They are not legal experts and probably have not read the law in its entirety nor have they kept up to date on recent case law. Do your own research and consult a special education lawyer.
2. Prior to a meeting make a written request that the district supply you with any and all documentation the district relied upon or created for the IEP/504 meeting. The documents should be supplied to you at least two days prior to your meeting to give you an opportunity to review the documents. This includes the draft IEP, evaluations, school work, etc.
3. You are an equal member of the IEP team. This means you are to have meaningful participation in the meetings including the decision of placement. Do not be hesitant to exert your rights as a full member of the IEP team.
4. Know what you want. Prior to an IEP meeting write a list of the services and support you wish the district to provide to your child. As you go through your requests at the meeting, write down the school's response to your request. If the district denies a request, you're entitled to "prior written notice" which is a written explanation from the district detailing the bases for their decision.
5. Never go to an IEP meeting alone. If you are married, take your spouse. Both parents should attend if it at all possible. Federal law allows parents to invite anyone who has knowledge of their child. This can be a friend, a grandparent or an advocate. Have them to take notes during the meeting. You can take as many people as you like.
6. In the Present Level of Performance section of the IEP there is a section for "parent concerns." Write a list of your parent concerns. There is no length limit so write as much as you feel is necessary including what your expectations are for your child. Provide a copy to the district with an accompanying letter (see tip #1) requesting your "parent concerns" be attached to your child's IEP.
7. Placement should never be discussed until the entire IEP has been written. Placement must be in the Least Restrictive Environment (LRE). Placement can only be based on the IEP and not on the category/significance of disability, availability of services, availability of space or administrative convenience.
8. Do not argue during meetings. Try not to engage in a debate. Instead ask questions - a lot of questions. Ask who, what, where, when, how and then ask the school personnel to explain some more. Listen to the responses and then ask more questions. Instead of trying to convince the district of the validity of your position, make the district defend its position. This can be a very effective method to advance your position. You might also be amazed by the information you can glean from employing this method.
9. You do not have to sign documents at the IEP meeting. Request a copy of the final draft IEP for you to take with you when the meeting ends. Ask the district to provide you with a final copy for you to review prior to you deciding whether to sign. If the district insists you sign at the meeting and you do not feel comfortable saying "no," you can sign your name with a notation that you are signing to show you attended the meeting but your signature does not indicate agreement.
10. After every meeting write a nice letter - not angry- to the district memorializing what occurred at the meeting. These letters could prove important should you need to go to Due Process.
BONUS: Never accept legal advice from school personnel. They are not legal experts and probably have not read the law in its entirety nor have they kept up to date on recent case law. Do your own research and consult a special education lawyer.
The Alberhasky Law Firm, P.C.
419 Boonville Avenue
Springfield, MO 65806
ph: 417.865.4444
fax: 417.865.5159
info
