| Learning Disabilities |
When your child has a learning disability--
Here you will find information on understanding learning
disabilities, negotiating the special education process and
helping your child and yourself.
Parents are often baffled by the problems presented by a child with learning disabilities. Often this
“invisible disability” does not become obvious until a child reaches school age. Even then, difficulties
may be subtle.
Learning disabilities are problems that affect the brain's ability to receive, process, analyze, or store
information. These problems can make it difficult for a student to learn as quickly as someone who
isn't affected by learning disabilities. About one-third of all children classified as learning disabled also
have ADD.
There are many kinds of learning disabilities. Most students affected by learning disabilities have
more than one kind. Certain kinds of learning disabilities can interfere with a person's ability to
concentrate or focus and can cause someone's mind to wander too much. Other learning disabilities
can make it difficult for a student to read, write, spell, or solve math problems.
If you are a parent or teacher of a child with a learning disability – or have learning disabilities
yourself - you are not alone. Typical learning difficulties include dyslexia, dyscalculia, and dysgraphia
– often complicated by associated disorders such as attention deficit/hyperactivity disorder.
Learning Disorders occur when the child’s reading, math, or writing skills are substantially below that
expected for age, schooling, and level of intelligence. Approximately 5% of students in public schools in
the United States are identified as having a learning disorder.
Students with learning disorders may become so frustrated with their performance in school that by
adolescence they may feel like failures and want to drop out of school or may develop behavioral
problems. Special testing is always required to make the diagnosis of a learning disorder and to
develop appropriate remedial interventions. Learning disorders should be identified as early as
possible during school years.
Following are the types of learning disabilities. Learning disabilities fall into two major types, plus
another miscellaneous category.
1. Speech and language disorders (the person is delayed by years in the development
of one of these skills):
o Difficulty producing speech sounds (developmental articulation
disorder). The person might mispronounce certain letters or letter
combinations.
o Difficulty using spoken language to communicate (developmental expressive language disorder).
The person has difficulty with verbal expression.
o Difficulty understanding what other people say (developmental receptive language disorder). The
person hears the words, but doesn’t process the words correctly.
2. Academic skills disorders (the person is delayed by years in the development of one
of these skills):
o Reading problems (developmental reading disorder, or dyslexia). The person cannot identify
different word sounds.
o Writing problems (developmental writing disorder, or dysgraphia). The person has problems with
handwriting or with creating sentences that make sense to others.
o Arithmetic skills problems (developmental arithmetic disorder, or dyscalculia). The person has
problems with calculations or with abstract mathematical concepts.
Miscellaneous learning disabilities
o Fine motor skills problems (dyspraxia)
o Nonverbal Learning Disorder
Children do not outgrow a learning disability. However, with the right treatment they can learn
strategies to compensate for their disability.
The most effective approach is one that teaches with a focus on the students' strengths while
remediating the weakness.
Most students with learning disabilities are educated in regular classrooms with support (usually the
resource room). However, the individual needs of the student must be considered when making a
decision about class placement.
The picture is not a bleak one however. Every person with learning disabilities can be successful at
school, at work, in relationships, and in the community -- given the right opportunities. There are
hundreds of colleges throughout the United States that have programs specifically for students with
learning disabilities.
If you think your child has a learning disability, contact your child's teacher and the director of special
education and request an evaluation.
The Individuals with Disabilities Education Act (IDEA) is a federal law which requires schools
to provide services to children with disabilities. That law requires schools to provide a Free and
AppropriatePublic Education (FAPE) to your child in the Least Restrictive Environment (LRE). A
team of individuals with knowledge of your child and special education is required to decide eligibility
for services and what services your child needs. You are an important member of that team.
If your child is found eligible for special education services, the team must write a plan called an
Individualized Education Program (IEP). The IEP team members must work together to reach
agreement on what the IEP will provide. The team process allows individual members to hold
different opinions about what is appropriate for your child. It is also the responsibility of the team to
reach agreement in spite of those differences.
PREPARE TO NEGOTIATE
The first step in getting services for your child is being prepared to
explain what you want for your child and having information that
supports your request. After you decide what your child needs, you
must be able to clearly communicate to the appropriate person what
you are requesting. Communicating with the appropriate person is
the quickest, simplest way to resolve or address issues.
Identify the Problem and What You Want
Understand the nature of the problem and the position of both sides. Determine whether there is a
simple solution to the issue or whether additional work is necessary for resolution. Determine if there
is more than one way to resolve the issue and remember that it is easiest to implement a solution that
all team members support. If there are many ways to resolve an issue, generally the school has the
final say in which option will be used as long as it is an appropriate option for your child. If the teacher
and other school personnel agree with an option, it is more likely that it will be implemented well and
be successful for your child.
Communicate with the Right Person
Talk with the person who has the information you need or has the authority to make the changes that
you want. If there is an individual in the school setting with authority with whom you have
established a good relationship, it can be helpful to communicate problems with that person first.
Avoid communicating with people with whom you have a bad relationship if it is possible. Try to limit
the number of people trying to resolve your concerns. Identify the person who will follow-up on the
issues and respond to you and agree upon a time-line for communication. Make sure that everyone
understands her role and responsibility in resolving the issue. It is helpful to write an outline that
everyone signs that indicates who will do what and when it will be done. Be a role model and be sure
that you complete what you agree to do.
Determine Who Has the Information You Need
A very important step in successful negotiation with your school is to know the facts of your situation.
The ease of getting the information and facts that you need depends on knowing who has that
information.
Try to give your school officials the chance to resolve problems at the lowest level possible. People
appreciate the opportunity to work problems out at the lowest level possible.
How many times have you had someone say, “If you had let me know, I would have been happy to
change that”? Generally the person who is working with your child on a regular basis has the most
information about your child. In many cases, the superintendent will have no idea about the everyday
issues regarding your child. This can also be true for the special education administrator and the
principal, unless a specific issue has been brought to their attention.
DETERMINE WHO HAS THE INFORMATION YOU NEED
TEACHER has information about the IEP and the general curriculum
for your child’s grade level as well as the classroom schedule and
environment.
PRINCIPAL has information about building schedules and
transportation, staff availability (aides, teachers) and special
building projects and themes.
SPECIAL EDUCATION ADMINISTRATOR has information about district resources for services for
children with disabilities, whether additional services can be provided, location of programs and
services, and can generally determine what the superintendent is willing to do.
SUPERINTENDENT has the ultimate decision-making authority together with the school board
regarding resource allocation and location of service.
COMMUNICATE EFFECTIVELY
It is always best to try to resolve any issue at the lowest possible level with the simplest means of
communication available. If you think you can resolve an issue by talking with the teacher, do it. If it
doesn’t work, go to the next level.
It is good practice to ask people how they prefer to be contacted. Some teachers are comfortable with
parents contacting them in person (unscheduled) for minor matters. Some prefer telephone or e-mail
contact, and others prefer a scheduled conference to discuss matters. Determine the preferred
method and try to use it whenever possible. You should also make your own preferences for contact
known. Many parents establish a regular communication notebook or pattern with the teacher to
communicate about the child’s daily/weekly progress or problems that arise. Determine if the teacher
is willing to communicate in this way. If so, you can request that a communication notebook be added
as a service to your child’s IEP. This is particularly helpful in situations where children are unable to
communicate or where children have regular problems in the classroom.
Personal Contact
Good communication with the person working with your child can prevent many problems at school.
Establish rapport with your child’s teacher before problems arise. Make yourself available to
volunteer in class and to receive regular feedback.
This will help create an atmosphere of open communication. Try to work out problems with the
teacher first and as they arise. You can ask to talk with your child’s teacher or for a parent/ teacher
conference. You can offer suggestions to the teacher or provide helpful materials. Information should
be offered in a manner that is careful not to suggest that the teacher lacks knowledge, and should not
be so voluminous as to overwhelm the teacher.
Communicating with someone in person allows you to interpret a person’s body language and
demeanor and may provide some insight into a person’s feelings about your requests, and willingness
to follow through with them.
Proceed to the next level if you cannot resolve the issue with the teacher. Determine who the next
person is who can help you. If one person stands in the way of what you need, go to another person
who can help you.
Telephone Contact
If it is inconvenient for you to get to the school to talk with the teacher or other staff, a telephone call
can be made to resolve issues. It helps to ask when it is best to call. Telephone contact should be
initiated for brief conversations and questions that can be answered simply. If the issue is more
complex, a face-to- face contact or meeting to discuss the issue is probably necessary.
Written Communication
There are two kinds of written communication that you can have with your school. The first is written
documentation of all of your communications with the school. You should keep written notes of all
discussions, telephone calls, meetings, and other communication you have with the school. It is helpful
to have a notebook (three ring binders work well) where you can document the date, time, content of
the discussion, and name of the person. All paperwork relating to your child’s education can be stored
in the same binder (this can include your child’s IEP, evaluations, progress reports, class work, etc.).
This type of documentation is necessary to develop a record of all interactions with the school. This
information may become necessary for a more formal negotiation with the school.
NEGOTIATION TIP: Keep notes of every communication: date and time, with whom you talked,
and what was said.
The second type of written communication is to inform the school of your concerns about your child or
to request specific information or action from the school. If informal methods of negotiation fail, you
can proceed with more formal methods. The first step in the process is to send a letter to the school
making a specific request with a time-line for a response. You should send the letter in a manner
which will verify its receipt (certified, registered mail). You can also deliver it by hand and ask
someone to initial a copy as received. Always keep a copy of all correspondence for your records and
never give anyone your only copy of a record.
Dos AND DON’Ts OF WRITTEN COMMUNICATION
DO SHARE ROUTINE INFORMATION. For example, use a
communication book which goes from school to home and back
on a regular basis to share information about your child’s day
or issues of concern.
DO MAKE SPECIFIC REQUESTS of the school regarding your child’s program or to object to specific
proposals made by the district especially when time-lines are involved and you need to document
when you made the request.
DO SUMMARIZE PAST COMMUNICATION from meetings or phone calls where commitments have
been made for action.
DO SAY THANK YOU. A card or note can go a long way to demonstrate your appreciation and
support for the work the school is doing with your child.
DON’T TRY TO SHARE COMPLEX INFORMATION which requires significant explanation and
clarification. However, a letter could be used to request a meeting to discuss this complex issue in
person.
DON’T TRY TO SOLVE A VERY COMPLEX PROBLEM. A letter can be used to state the problem as
you see it, but the actual problem solving process is usually best conducted by phone or in person,
depending upon the complexity.
DON’T SEND THE SCHOOL YOUR ONLY COPY OF A RECORD. Make another copy for team
members.
DON’T SEND A LETTER TO THE SCHOOL THAT YOU WROTE WHEN YOU WERE ANGRY. Take
time to cool off so that your letter is written in a calm and clear way.
GET POSITIVE RESULTS AT MEETING
Sometimes it becomes necessary to request a meeting to resolve an issue.
Meetings can be requested by a telephone call, but the call should be followed
by a letter of confirmation. A meeting may be necessary to resolve a conflict
that is complex or that involves a request for services that may be expensive
or time consuming for a school to provide.
There are certain steps that you should take to prepare for the meeting process. The more prepared
you are going into the meeting, the better your chance of leaving the meeting with the resolution you
want.
Communicate with Experts to Seek Support for Your Position
An expert is someone who has specialized education and experience in a specific area. Experts often
have a license or certificate or other credentials to provide professional services. Experts can include,
but are not limited to, physicians, psychologists, educators, speech therapists, occupational therapists,
and physical therapists. Having expert or professional support for your position will greatly increase
your chance of a successful outcome at any meeting. During the meeting, you should refer to
documents from experts or professionals that support your position.
If possible, have the expert or professional participate in the meeting. It is much easier for a school to
ignore a document than it is to ignore a person sitting in the meeting.
You can ask the school to pay for this expert if you are requesting an independent educational
evaluation (IEE) of your child. You can ask your school to pay for an IEE if you disagree with an
evaluation the school conducted of your child.
The school must either agree to pay for the IEE or request an impartial due process hearing to show
that its evaluation was appropriate. If you want to pursue an IEE at the school’s expense, it is best to
reach agreement with your school about the qualifications of the evaluator, what tests will be used,
and who will pay prior to scheduling the IEE. You can also get an IEE at your own expense at any
time.
Many experts and professionals are busy and cannot come to your meeting. Explore whether the
person can participate in the meeting using a conference telephone. This would limit the amount of
time that the individual has to set aside to assist you. If your expert or professional can assist you in
this manner, make sure to set up a time and place for the meeting that is convenient to this person
and make sure that there is a conference telephone at the meeting. Determine who will place the
telephone call prior to the meeting.
Before the Meeting
Prior to any meeting, you should identify the persons with authority to resolve your dispute and
request that they attend the meeting. Clearly identify the issue(s) and gather as many facts about
your problem as possible. Be sure to seek expert support for your position.
Explain clearly to the school what you think would resolve your concerns. You may be asking to
review your child’s IEP because the goals are not appropriate, or you may be asking that a service be
added to the IEP to address unmet needs. Come to the meeting prepared with one or more possible
resolutions to your concerns.
Request written notice from the school about its position on the issue. If school personnel refuse to do
something that you have asked them to do, or if the school is proposing to do something with which
you disagree, ask the school to provide written notice of its reasons for the action or lack of action.
This notice, which is required by the law, should clearly explain the basis for the school’s action or
inaction.
At the Meeting
Take a prepared outline or notes to the meeting.
The outline or notes can help you remember the
issues and cover all topics for discussion.
Remember to discuss current issues and not to
dwell on mistakes of the past. Dwelling on the
past can inhibit the team’s ability to focus on
ways to resolve the current dispute, can waste
time, and can create an uncomfortable
environment.
Try not to start conversations with yes-or-no
questions. For example, if your child needs more
support for transition, do not begin by asking for
an aide.
Ask the team what can be done to provide support for your child during transitions from one activity
to another. Allow the conversation to develop, including multiple ideas about possible solutions to your
concern. Yes-or-no questions limit options particularly when the response to your request is no. You
are left with an answer but not a solution.
If you are requesting that the school change your child’s IEP or write a new IEP, you can prepare
your own draft goals, objectives, and services to take to the meeting. This can be helpful in guiding the
team process to your desired outcome, and can save time at the meeting that would otherwise be
used to draft the IEP. It is acceptable for the school to come to the meeting with a prepared draft IEP
as long as there is open discussion about the draft, participation in the IEP process by all team
members including the parent, and the ability to change and modify the draft as necessary.
Remember that you have the ability to make changes to the draft IEP even if it is presented to you in
typed format.
All meetings should be documented in some way. Decide prior to the meeting whether to audiotape
the meeting or to take a friend or advocate as support. If making an audiotape of a meeting will create
an uncomfortable situation for the participants, then you may choose to take a friend to the meeting
instead. People can be less forthcoming while being taped because they are afraid that the tape may
be used against them at a later time.
One way to document a meeting without taping it is to have a friend or advocate for support at
meetings. This person can take notes so that you can focus on discussing the issues at the meeting.
The friend or advocate can also serve as a witness to discussions that occurred at the meeting and can
provide emotional support in a setting where you are discussing emotionally charged issues.
It is normal to feel emotional during these meetings. After all, it is your child who is the topic of
conversation and you want the best for your child. Emotional outbursts can make team members
uncomfortable. If necessary, take breaks to keep your control. All discussion should occur in a
courteous manner without emotional outbursts.
However, you must remember to be reasonable in your requests for services for your child. Negotiate
for the things to which your child is entitled under the law, and for which you have supporting data
(e.g., evaluations, medical/psychological recommendations, progress notes) if you hope to be
successful in the process.
After the Meeting
If agreement is reached at the meeting make sure that there is written documentation of the
agreement. If the agreement is for services for your child, make sure that the services are written on
the IEP. Any document can be attached as part of the IEP if the team agrees to attach it. Make sure
that any attachments include the signatures of the team members and date of agreement. If full
agreement is not reached at the meeting, make a list of the next steps to take and who is responsible
for them. Create a timeline for the completion of the meeting process. Remember that some issues
take more than one meeting to resolve. Do not sign an IEP unless you agree with it. The school cannot
refuse to serve your child because you do not sign the IEP, unless it is your child’s first IEP.
Remember to thank people for their participation in the process and for
their efforts in serving your child. This can be done in person or with a
thank you note or card. A thank you note or card demonstrates your
appreciation and support for the work the school is doing with your child,
even when things may be somewhat tense.
Here you will find information on understanding learning
disabilities, negotiating the special education process and
helping your child and yourself.
Parents are often baffled by the problems presented by a child with learning disabilities. Often this
“invisible disability” does not become obvious until a child reaches school age. Even then, difficulties
may be subtle.
Learning disabilities are problems that affect the brain's ability to receive, process, analyze, or store
information. These problems can make it difficult for a student to learn as quickly as someone who
isn't affected by learning disabilities. About one-third of all children classified as learning disabled also
have ADD.
There are many kinds of learning disabilities. Most students affected by learning disabilities have
more than one kind. Certain kinds of learning disabilities can interfere with a person's ability to
concentrate or focus and can cause someone's mind to wander too much. Other learning disabilities
can make it difficult for a student to read, write, spell, or solve math problems.
If you are a parent or teacher of a child with a learning disability – or have learning disabilities
yourself - you are not alone. Typical learning difficulties include dyslexia, dyscalculia, and dysgraphia
– often complicated by associated disorders such as attention deficit/hyperactivity disorder.
Learning Disorders occur when the child’s reading, math, or writing skills are substantially below that
expected for age, schooling, and level of intelligence. Approximately 5% of students in public schools in
the United States are identified as having a learning disorder.
Students with learning disorders may become so frustrated with their performance in school that by
adolescence they may feel like failures and want to drop out of school or may develop behavioral
problems. Special testing is always required to make the diagnosis of a learning disorder and to
develop appropriate remedial interventions. Learning disorders should be identified as early as
possible during school years.
Following are the types of learning disabilities. Learning disabilities fall into two major types, plus
another miscellaneous category.
1. Speech and language disorders (the person is delayed by years in the development
of one of these skills):
o Difficulty producing speech sounds (developmental articulation
disorder). The person might mispronounce certain letters or letter
combinations.
o Difficulty using spoken language to communicate (developmental expressive language disorder).
The person has difficulty with verbal expression.
o Difficulty understanding what other people say (developmental receptive language disorder). The
person hears the words, but doesn’t process the words correctly.
2. Academic skills disorders (the person is delayed by years in the development of one
of these skills):
o Reading problems (developmental reading disorder, or dyslexia). The person cannot identify
different word sounds.
o Writing problems (developmental writing disorder, or dysgraphia). The person has problems with
handwriting or with creating sentences that make sense to others.
o Arithmetic skills problems (developmental arithmetic disorder, or dyscalculia). The person has
problems with calculations or with abstract mathematical concepts.
Miscellaneous learning disabilities
o Fine motor skills problems (dyspraxia)
o Nonverbal Learning Disorder
Children do not outgrow a learning disability. However, with the right treatment they can learn
strategies to compensate for their disability.
The most effective approach is one that teaches with a focus on the students' strengths while
remediating the weakness.
Most students with learning disabilities are educated in regular classrooms with support (usually the
resource room). However, the individual needs of the student must be considered when making a
decision about class placement.
The picture is not a bleak one however. Every person with learning disabilities can be successful at
school, at work, in relationships, and in the community -- given the right opportunities. There are
hundreds of colleges throughout the United States that have programs specifically for students with
learning disabilities.
If you think your child has a learning disability, contact your child's teacher and the director of special
education and request an evaluation.
The Individuals with Disabilities Education Act (IDEA) is a federal law which requires schools
to provide services to children with disabilities. That law requires schools to provide a Free and
AppropriatePublic Education (FAPE) to your child in the Least Restrictive Environment (LRE). A
team of individuals with knowledge of your child and special education is required to decide eligibility
for services and what services your child needs. You are an important member of that team.
If your child is found eligible for special education services, the team must write a plan called an
Individualized Education Program (IEP). The IEP team members must work together to reach
agreement on what the IEP will provide. The team process allows individual members to hold
different opinions about what is appropriate for your child. It is also the responsibility of the team to
reach agreement in spite of those differences.
PREPARE TO NEGOTIATE
The first step in getting services for your child is being prepared to
explain what you want for your child and having information that
supports your request. After you decide what your child needs, you
must be able to clearly communicate to the appropriate person what
you are requesting. Communicating with the appropriate person is
the quickest, simplest way to resolve or address issues.
Identify the Problem and What You Want
Understand the nature of the problem and the position of both sides. Determine whether there is a
simple solution to the issue or whether additional work is necessary for resolution. Determine if there
is more than one way to resolve the issue and remember that it is easiest to implement a solution that
all team members support. If there are many ways to resolve an issue, generally the school has the
final say in which option will be used as long as it is an appropriate option for your child. If the teacher
and other school personnel agree with an option, it is more likely that it will be implemented well and
be successful for your child.
Communicate with the Right Person
Talk with the person who has the information you need or has the authority to make the changes that
you want. If there is an individual in the school setting with authority with whom you have
established a good relationship, it can be helpful to communicate problems with that person first.
Avoid communicating with people with whom you have a bad relationship if it is possible. Try to limit
the number of people trying to resolve your concerns. Identify the person who will follow-up on the
issues and respond to you and agree upon a time-line for communication. Make sure that everyone
understands her role and responsibility in resolving the issue. It is helpful to write an outline that
everyone signs that indicates who will do what and when it will be done. Be a role model and be sure
that you complete what you agree to do.
Determine Who Has the Information You Need
A very important step in successful negotiation with your school is to know the facts of your situation.
The ease of getting the information and facts that you need depends on knowing who has that
information.
Try to give your school officials the chance to resolve problems at the lowest level possible. People
appreciate the opportunity to work problems out at the lowest level possible.
How many times have you had someone say, “If you had let me know, I would have been happy to
change that”? Generally the person who is working with your child on a regular basis has the most
information about your child. In many cases, the superintendent will have no idea about the everyday
issues regarding your child. This can also be true for the special education administrator and the
principal, unless a specific issue has been brought to their attention.
DETERMINE WHO HAS THE INFORMATION YOU NEED
TEACHER has information about the IEP and the general curriculum
for your child’s grade level as well as the classroom schedule and
environment.
PRINCIPAL has information about building schedules and
transportation, staff availability (aides, teachers) and special
building projects and themes.
SPECIAL EDUCATION ADMINISTRATOR has information about district resources for services for
children with disabilities, whether additional services can be provided, location of programs and
services, and can generally determine what the superintendent is willing to do.
SUPERINTENDENT has the ultimate decision-making authority together with the school board
regarding resource allocation and location of service.
COMMUNICATE EFFECTIVELY
It is always best to try to resolve any issue at the lowest possible level with the simplest means of
communication available. If you think you can resolve an issue by talking with the teacher, do it. If it
doesn’t work, go to the next level.
It is good practice to ask people how they prefer to be contacted. Some teachers are comfortable with
parents contacting them in person (unscheduled) for minor matters. Some prefer telephone or e-mail
contact, and others prefer a scheduled conference to discuss matters. Determine the preferred
method and try to use it whenever possible. You should also make your own preferences for contact
known. Many parents establish a regular communication notebook or pattern with the teacher to
communicate about the child’s daily/weekly progress or problems that arise. Determine if the teacher
is willing to communicate in this way. If so, you can request that a communication notebook be added
as a service to your child’s IEP. This is particularly helpful in situations where children are unable to
communicate or where children have regular problems in the classroom.
Personal Contact
Good communication with the person working with your child can prevent many problems at school.
Establish rapport with your child’s teacher before problems arise. Make yourself available to
volunteer in class and to receive regular feedback.
This will help create an atmosphere of open communication. Try to work out problems with the
teacher first and as they arise. You can ask to talk with your child’s teacher or for a parent/ teacher
conference. You can offer suggestions to the teacher or provide helpful materials. Information should
be offered in a manner that is careful not to suggest that the teacher lacks knowledge, and should not
be so voluminous as to overwhelm the teacher.
Communicating with someone in person allows you to interpret a person’s body language and
demeanor and may provide some insight into a person’s feelings about your requests, and willingness
to follow through with them.
Proceed to the next level if you cannot resolve the issue with the teacher. Determine who the next
person is who can help you. If one person stands in the way of what you need, go to another person
who can help you.
Telephone Contact
If it is inconvenient for you to get to the school to talk with the teacher or other staff, a telephone call
can be made to resolve issues. It helps to ask when it is best to call. Telephone contact should be
initiated for brief conversations and questions that can be answered simply. If the issue is more
complex, a face-to- face contact or meeting to discuss the issue is probably necessary.
Written Communication
There are two kinds of written communication that you can have with your school. The first is written
documentation of all of your communications with the school. You should keep written notes of all
discussions, telephone calls, meetings, and other communication you have with the school. It is helpful
to have a notebook (three ring binders work well) where you can document the date, time, content of
the discussion, and name of the person. All paperwork relating to your child’s education can be stored
in the same binder (this can include your child’s IEP, evaluations, progress reports, class work, etc.).
This type of documentation is necessary to develop a record of all interactions with the school. This
information may become necessary for a more formal negotiation with the school.
NEGOTIATION TIP: Keep notes of every communication: date and time, with whom you talked,
and what was said.
The second type of written communication is to inform the school of your concerns about your child or
to request specific information or action from the school. If informal methods of negotiation fail, you
can proceed with more formal methods. The first step in the process is to send a letter to the school
making a specific request with a time-line for a response. You should send the letter in a manner
which will verify its receipt (certified, registered mail). You can also deliver it by hand and ask
someone to initial a copy as received. Always keep a copy of all correspondence for your records and
never give anyone your only copy of a record.
Dos AND DON’Ts OF WRITTEN COMMUNICATION
DO SHARE ROUTINE INFORMATION. For example, use a
communication book which goes from school to home and back
on a regular basis to share information about your child’s day
or issues of concern.
DO MAKE SPECIFIC REQUESTS of the school regarding your child’s program or to object to specific
proposals made by the district especially when time-lines are involved and you need to document
when you made the request.
DO SUMMARIZE PAST COMMUNICATION from meetings or phone calls where commitments have
been made for action.
DO SAY THANK YOU. A card or note can go a long way to demonstrate your appreciation and
support for the work the school is doing with your child.
DON’T TRY TO SHARE COMPLEX INFORMATION which requires significant explanation and
clarification. However, a letter could be used to request a meeting to discuss this complex issue in
person.
DON’T TRY TO SOLVE A VERY COMPLEX PROBLEM. A letter can be used to state the problem as
you see it, but the actual problem solving process is usually best conducted by phone or in person,
depending upon the complexity.
DON’T SEND THE SCHOOL YOUR ONLY COPY OF A RECORD. Make another copy for team
members.
DON’T SEND A LETTER TO THE SCHOOL THAT YOU WROTE WHEN YOU WERE ANGRY. Take
time to cool off so that your letter is written in a calm and clear way.
GET POSITIVE RESULTS AT MEETING
Sometimes it becomes necessary to request a meeting to resolve an issue.
Meetings can be requested by a telephone call, but the call should be followed
by a letter of confirmation. A meeting may be necessary to resolve a conflict
that is complex or that involves a request for services that may be expensive
or time consuming for a school to provide.
There are certain steps that you should take to prepare for the meeting process. The more prepared
you are going into the meeting, the better your chance of leaving the meeting with the resolution you
want.
Communicate with Experts to Seek Support for Your Position
An expert is someone who has specialized education and experience in a specific area. Experts often
have a license or certificate or other credentials to provide professional services. Experts can include,
but are not limited to, physicians, psychologists, educators, speech therapists, occupational therapists,
and physical therapists. Having expert or professional support for your position will greatly increase
your chance of a successful outcome at any meeting. During the meeting, you should refer to
documents from experts or professionals that support your position.
If possible, have the expert or professional participate in the meeting. It is much easier for a school to
ignore a document than it is to ignore a person sitting in the meeting.
You can ask the school to pay for this expert if you are requesting an independent educational
evaluation (IEE) of your child. You can ask your school to pay for an IEE if you disagree with an
evaluation the school conducted of your child.
The school must either agree to pay for the IEE or request an impartial due process hearing to show
that its evaluation was appropriate. If you want to pursue an IEE at the school’s expense, it is best to
reach agreement with your school about the qualifications of the evaluator, what tests will be used,
and who will pay prior to scheduling the IEE. You can also get an IEE at your own expense at any
time.
Many experts and professionals are busy and cannot come to your meeting. Explore whether the
person can participate in the meeting using a conference telephone. This would limit the amount of
time that the individual has to set aside to assist you. If your expert or professional can assist you in
this manner, make sure to set up a time and place for the meeting that is convenient to this person
and make sure that there is a conference telephone at the meeting. Determine who will place the
telephone call prior to the meeting.
Before the Meeting
Prior to any meeting, you should identify the persons with authority to resolve your dispute and
request that they attend the meeting. Clearly identify the issue(s) and gather as many facts about
your problem as possible. Be sure to seek expert support for your position.
Explain clearly to the school what you think would resolve your concerns. You may be asking to
review your child’s IEP because the goals are not appropriate, or you may be asking that a service be
added to the IEP to address unmet needs. Come to the meeting prepared with one or more possible
resolutions to your concerns.
Request written notice from the school about its position on the issue. If school personnel refuse to do
something that you have asked them to do, or if the school is proposing to do something with which
you disagree, ask the school to provide written notice of its reasons for the action or lack of action.
This notice, which is required by the law, should clearly explain the basis for the school’s action or
inaction.
At the Meeting
Take a prepared outline or notes to the meeting.
The outline or notes can help you remember the
issues and cover all topics for discussion.
Remember to discuss current issues and not to
dwell on mistakes of the past. Dwelling on the
past can inhibit the team’s ability to focus on
ways to resolve the current dispute, can waste
time, and can create an uncomfortable
environment.
Try not to start conversations with yes-or-no
questions. For example, if your child needs more
support for transition, do not begin by asking for
an aide.
Ask the team what can be done to provide support for your child during transitions from one activity
to another. Allow the conversation to develop, including multiple ideas about possible solutions to your
concern. Yes-or-no questions limit options particularly when the response to your request is no. You
are left with an answer but not a solution.
If you are requesting that the school change your child’s IEP or write a new IEP, you can prepare
your own draft goals, objectives, and services to take to the meeting. This can be helpful in guiding the
team process to your desired outcome, and can save time at the meeting that would otherwise be
used to draft the IEP. It is acceptable for the school to come to the meeting with a prepared draft IEP
as long as there is open discussion about the draft, participation in the IEP process by all team
members including the parent, and the ability to change and modify the draft as necessary.
Remember that you have the ability to make changes to the draft IEP even if it is presented to you in
typed format.
All meetings should be documented in some way. Decide prior to the meeting whether to audiotape
the meeting or to take a friend or advocate as support. If making an audiotape of a meeting will create
an uncomfortable situation for the participants, then you may choose to take a friend to the meeting
instead. People can be less forthcoming while being taped because they are afraid that the tape may
be used against them at a later time.
One way to document a meeting without taping it is to have a friend or advocate for support at
meetings. This person can take notes so that you can focus on discussing the issues at the meeting.
The friend or advocate can also serve as a witness to discussions that occurred at the meeting and can
provide emotional support in a setting where you are discussing emotionally charged issues.
It is normal to feel emotional during these meetings. After all, it is your child who is the topic of
conversation and you want the best for your child. Emotional outbursts can make team members
uncomfortable. If necessary, take breaks to keep your control. All discussion should occur in a
courteous manner without emotional outbursts.
However, you must remember to be reasonable in your requests for services for your child. Negotiate
for the things to which your child is entitled under the law, and for which you have supporting data
(e.g., evaluations, medical/psychological recommendations, progress notes) if you hope to be
successful in the process.
After the Meeting
If agreement is reached at the meeting make sure that there is written documentation of the
agreement. If the agreement is for services for your child, make sure that the services are written on
the IEP. Any document can be attached as part of the IEP if the team agrees to attach it. Make sure
that any attachments include the signatures of the team members and date of agreement. If full
agreement is not reached at the meeting, make a list of the next steps to take and who is responsible
for them. Create a timeline for the completion of the meeting process. Remember that some issues
take more than one meeting to resolve. Do not sign an IEP unless you agree with it. The school cannot
refuse to serve your child because you do not sign the IEP, unless it is your child’s first IEP.
Remember to thank people for their participation in the process and for
their efforts in serving your child. This can be done in person or with a
thank you note or card. A thank you note or card demonstrates your
appreciation and support for the work the school is doing with your child,
even when things may be somewhat tense.
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