The Director of Special Education position allows one to make positive differences in the lives of students with disabilities. This work can bring fulfillment through relationship-building with students, families and relevant professionals while also providing them with support and advocacy. The director is responsible for planning, implementing, and maintaining programs and services in support of academic and functional short and long-term goals with the intent of meaningful outcomes to bolster successful transitions to adulthood. However, the position also includes considerable complex legal requirements that can present reactions that may lead to a formal state complaint or due process proceeding. Either can bring great levels of stress, time-consuming preparations, and the use of financial resources that are already precious to one’s district. Here are a handful of basic proactive training tips that may help you and your staff stay on the right track and manage potential legal challenges effectively.
1. Parent Participation
According to Individuals with Disabilities Education Act (IDEA) under Section §300.322(a)(1) and (2)], parents or legal guardians have the right to be present at their child’s Multi-Disciplinary Team (MDT) meetings and Individual Education Program (IEP) meetings. A meeting date must be scheduled at a mutually agreed upon date and time. A few crucial tips within the process to set up a meeting include the following:
- Be sure to document! Each time you contact a parent(s) or guardian to set up a team meeting, keep a log of the dates, times, and outcomes of the conversations. Remember, if a student has reached the age of majority and is fully emancipated, then they are contacted to set the mutually agreeable time and place for the formal meetings under IDEA. All actionable steps for “parent(s) or guardians” this article equally pertain to emancipated students.
- Once a meeting date and time is confirmed, remember to send an official invitation to the parent(s) or guardian that includes the purpose, time, and location of the meeting and who will be in attendance. This can be sent via US mail, email and/or sent home with the student. A verbal or email confirmation from an informal communication may not be substantiated under IDEA’s system for resolving disputes. Should an MDT or IEP be postponed, canceled, or tabled, the above process must be repeated, including the sending of a formal invitation noting the mutually agreed upon time and date.
2. Procedural Safeguards
According to IDEA under Section Sec. 300.504 there are several times throughout the year that the parent(s) or guardian of a student with an IEP are expected to receive a copy of their state’s vetted Procedural Safeguards, at minimum one time per year. It is with strong sentiment that all special education staff and related service providers that participate in the IEP process read, know, and understand the content of the complete procedural safeguards document. In addition to ensuring that parent(s) or guardians receive a copy of the procedural safeguards, make it a practice that IEP team members provide a brief verbal overview of the procedural safeguard’s contents. This supports the claim that you and the parent(s) or guardian understand the rights and protections for students with disabilities and their families under federal law and state regulations. Thereafter, ensure that the act of providing and explaining the procedural safeguards is documented in the Prior Written Notice. (PWN). If parent(s) or the guardian choose not to accept the procedural safeguards document and/or explanation, document this accordingly in the PWN showing the district’s due diligence to inform the parent(s) or guardian of their rights and protections.
3. Get Attendance Signatures
It is important to check your state regulations regarding signatures on an IEP or other formal documents related to the IEP process. Even if signatures are not required, it is an important practice to monitor attendance and compliance. If the paperwork does not include a section for team participants’ signatures, mark those “at the table” in the PWN or by some other means to show who attended to contribute to the team planning for implementation. Also, in the PWN include the name and position of any team member that were invited, but with parent(s) or guardian permission, were excused or permitted to leave the meeting early. While it is mandatory for parent(s) or guardians to participate in the IEP process, IDEA does not require them to provide a signature for program implementation. It is staunchly recommended to get attendance signatures at the start of the meeting. This will ensure that those who must leave early have had the chance to sign and to make it clear that the attendance page is not an indicator of agreement, but proof of participation.
4. Follow the Process
Federal law, state regulations and school district policy and procedures outline the steps to effectively implement processes for students with an IEP. Understand why certain regulations are set in place and followed judiciously. To begin, do not wait to evaluate. If there is suspicion of a disability or a parent or guardian submits a special education evaluation request, begin Child Find duties and intervention processes. Follow formal timelines and expectations “to the letter” and document the steps along the way. Do not delay, don’t be late! Always keep sufficient and accurate data. Review regularly to ensure your district remains in compliance and/or is progressing toward established goals. This may include State Performance Plan Indicators, state testing and district assessment results, Early Childhood Outcomes, and informal progress monitoring data. Review, revise, restart, repeat. And lastly, be sure that all general education and special education staff and related services providers implement all student IEPs as written with fidelity, documenting correctly as evidence.
5. Create a Well-Written Prior Written Notice (PWN)
According to IDEA Section Sec. 303.421(a) a PWN must be provided to the parent(s) or guardian within a reasonable amount of time prior when an early intervention service provider, school district or local education agency “proposes, or refuses, to initiate or change the identification, evaluation, or placement of a child with a disability.” The educational institution must be sure to provide the PWN; failure to do so is a violation of the law. Document in a student’s file that the PWN has been provided to the parent(s) or guardian. Not only does the PWN provide the parent(s) or guardian time to review and/or respond to any changes before they are put in place, but it is also a detailed form of documentation to capture meaningful proposals and requests, with rationale for acceptance or rejection presented by any team member. Keep the documentation factual, free of emotion or judgement. There are required times that a PWN must accompany a formal process such as an IEP meeting, evaluation planning, and consent for services. Having a motto, “When in doubt, write a PWN” is a valiant effort to formally notate and maintain informal parental or guardian conversation and outcomes as a reference, “just in case.”
To recap, develop and provide staff and related service providers with these proactive training tips that may help navigate legal disputes. Provide ongoing compliance reviews with regular professional development to solicit efficacy in the IEP process.
Interested in gaining more support for your staff on a variety of special education topics? See how the BlazerWorks Special Education Advisory Team can support you and your district through resources, professional development, and mentorship using the button below.
Meet The Author
Jacqueline Denton
M.A. Ed.
Administrative and Special Education Clinical Advisor
Jacqueline Denton holds a master’s degree in educational psychology and educational leadership. She has 28 years of experience in public-school settings from classroom teacher to 20+ years as a district level administrator. In her role with BlazerWorks as an Administrative and Special Education Advisor, Jacqueline is dedicated to supporting special education teachers and administrators how federal law and state regulations protect students with disabilities in their least restrictive environment. She also holds a level of expertise in Medicaid School-Based Services and is excited to share with administrators the beauty of how Medicaid billing reimbursements can help offset the costs of federally mandatory staffing needs.
