, , ,

Why Are We Still Fighting For A Little Girl’s Voice?

I am currently in the process of preparing for a due process hearing and still shaking my head at how we got here.

First, though, I need to tell you about Sara. Sara is a beautiful 11-year-old girl who is deaf. She also suffers from multiple medical issues which require her to have a feeding tube and a broviac central line connected to her heart. She currently attends a special day class where she enjoys learning and being part of the school community.

Her sole mode of communication, in essence her voice, is American Sign Language (ASL).

The two main issues the school district is fighting us on go to the core of Sara’s communication:

  • Does the sign language interpreter for student have to be qualified?
  • Allowing the parents to communicate with the interpreter. Yes, you read that right.

How are these even issues? Of course the sign language interpreter has to be qualified. Her sole purpose is to translate the spoken word to sign language so this beautiful little girl, who happens to be deaf, can access her education.  And of course her parents want to chat with the interpreter from time to time to ask those basic questions like “How was Sara’s day?”

Although the IEP clearly states, a full-time American Sign Language interpreter, the district is providing two unqualified aides, calling them signing assistants.

Can you imagine if this was a Spanish or English Interpreter? In any world outside of education would an interpreter be provided who was not fluent in the languages they were interpreting?  Of course not. Also, sign language is the only mode of communication this little girl will ever have. Unlike our English language learners who slowly develop the appropriate language skills, Sara will never hear. She will always use sign language. For her schooling, she will always require an interpreter.

Of further concern is the district’s unwillingness to allow parents to talk with the “signing assistants” so they can learn the new signs Sara is working on. There are many different ways to sign the same word or action and it is important for the school staff and parents at home to use the same signs.

Apparently, her parents’ requests are a little too much for the school district, so we have ended up here… three weeks from going to trial.

Every couple of years I get a random case that ends up at trial for no reason. The last time I was in a trial it involved an eligibility issue. All we wanted was for the school to provide an IEP to address the student’s attention and sensory deficits. This included a reasonable request for sensory breaks. It would have cost the district no additional money but would have allowed us to monitor the student’s progress and make sure he was accessing his education. The district decided to go to hearing instead, where it tried, unsuccessfully, to show the student did not require an IEP.

So here I am again, facing another school district who has chosen to fight a family instead of providing what the law requires: an education to a young girl.

I understand there are many cases where there is a legitimate dispute over what a student needs to access their education. I rarely end up in trial on these cases. Instead, we work things out.

After several failed attempts to reach a settlement, I am now preparing my witness list and getting our evidence together for hearing.

I will spend around 100 hours preparing for and attending the hearing. The district will pay its legal counsel to do the same.  And, as you can imagine, lawyers are a lot more expensive than hiring a qualified sign language interpreter.

And all for what? So they can explain to a judge that this little girl does not require an interpreter who knows sign language?  What do you think the judge will think? I think I know.

These types of cases frustrate me and leave me shaking my head. This is not the battle we should be fighting. This is not the disagreement we should be having. Regardless, I will do everything I can to protect Sara’s civil and educational rights.

There is no way we are going to stop until Sara has a qualified interpreter and her parents are able to freely communicate with them.

 

/by
, ,

10 Steps to Make the Most of Your IEP Meeting

 

 

The IEP meeting is a crucial opportunity for you as a parent or caregiver to understand what the school district is providing for your child. Being prepared and ready to go means you will be at your peak performance.

We put together some tips below to help you with your meetings. Give them a try; we are confident they will help you feel strong, organized and empowered.

1. Bring Somebody With You

Always bring someone with you. This may be your spouse, advocate, lawyer (although that will change the tone of the meeting) neighbor or friend. Having someone with you means you feel more confident and are not alone as you face a room full of district employees all speaking about your child.

Talk about a high-pressure situation!

Have him, or her, take notes on what is said, offer an occasional clarification question and simply be there to make you feel better. By having an additional set of ears, your understanding of the meeting will be significantly improved. My wife Lori, and I were never alone during IEP meetings, and every single time (yes every single time) we had two different understandings about what was said. 😉 By talking it through, we were able to come to a common understanding.

Imagine if we had been alone!

2. Be Polite

Lots of “hellos,” handshakes, “thank you’s” “and please’s” sets a positive, helpful tone during the meeting. I know I sound like my mother here, but it does help. People are more open when they are comfortable, and you want district employees to be as open as they can.  Also, we found that by being polite, it helped us if we became upset at something that was said or a service that was not delivered. The meeting participants then gave more legitimacy to our irritations as it was out of the ordinary.

3. Be and Look Prepared

Take a look at our post on what to bring to your IEP meeting and have it ready to go. Make sure the paperwork you bring is organized, a binder or similar with tabs is best, and that you have extra copies to distribute as needed. Looking and being prepared creates a strong first impression on people in meetings.  We strongly believe in this approach when talking to any providers (school or otherwise) about our son. It elevates the conversation to a higher level with more details and ultimately leads to a better outcome. Teachers labeled us as being “very involved” in our son’s education; they meant that as a positive comment.

4. Assume Best Intentions

Teachers and other professionals involved in working with students are there to help students learn and be successful. By assuming everybody in the room is working to help your child, you will feel more relaxed and present a non-threatening demeanor. They, in turn, will assume best intentions in you and everybody will be off to a great start.

5. Take Notes and Show That You Are Taking Notes

I use my laptop to take notes during meetings. Lori likes to write it down. Either way is good. Taking notes also lets you write down questions you have and ask them later on during the discussion. I promise you, no matter how smart you are, having notes will be a huge help later on when you are recalling or looking back at a previous meeting.

6. Ask Questions for Clarification

During the IEP you are going to hear information and ideas that may be new or confusing. Sometimes it is hard to explain an accommodation, service or classroom interaction. By asking questions, you not only help yourself understand the information, but you also give feedback to the district employee that you are listening and processing what they are saying.

One of my favorite things to do is ask questions that tap the background and expertise of one of the meeting members. For example, “What do you think Braden’s (our son) initial reaction will be to this accommodation?” I do so in a way that lets the person know I value their opinion. It tends to give them pause from a standard statement they are giving and pushes them to reflect on what they are saying. You can see the body language change right away as they pause, look upward, then give their opinion. They feel valued, and you know if they have a larger understanding of the ideas they are suggesting.

7. Avoid Talking Too Much

An IEP meeting is structured and designed for each district specialist and educator to speak and seek feedback. It is also designed for you to ask questions and seek understanding. It is NOT designed for parents to talk, grieve, and unload the stresses of having a child with special needs. Look, I get it. Having a special needs child is difficult, and we are reminded of this every day. However, an IEP is not a good place to unload those stresses.Save that for friends, support groups, etc.

Lori and I have a signal for each other if we start talking too much. Usually (maybe always) I am the one who needs the signal to stop cracking jokes (my way of dealing with stress) and to just listen. This is yet another reason to bring someone with you.

8. Dress Well

We dress up for religious services, weddings, work, job interviews and more. An IEP meeting is at least as important as those events, so dressing up is equally as important. We all make assumptions about people on how they dress. It may be right or wrong, but we do it. Looking your best can only serve to help. Gentleman, you don’t need a tuxedo though. 😉

9. Don’t Worry If Tears Fall

Early IEP’s, where you have just learned your child has extra learning needs, are emotional events. Often tears may fall as you listen to how your child is not like all the other kids. If you start to cry, don’t worry about it. Members of the IEP team will see a parent who cares deeply about their child. They may even be more empathetic about your situation.

Grab a tissue, recover and move on. 😉

10. Sincerely Thank Everybody at the End of the Meeting

The end of an IEP meeting is a great chance to let people know how much you appreciate the work they are doing. I like to individually thank each person by pointing out an example of their efforts. “Braden loves sensory time, and we are using many of the techniques you suggested at home now.” Now, if you are feeling angry, upset or frustrated at the conclusion, it is just as important to thank everybody for their time. This tells people it is not personal (even if it feels like it is) and that while you must continue to advocate for your child, you will be reasonable.

Thanks for taking the time to read this.  If you have any suggestions, please leave them in the comments section below.

/by
,

All Students, Yes All, Want To Do Well

 

 

The other day I read an interesting article “What If Everything You Knew About Disciplining Kids Was Wrong?” and it really spoke to me.  

As a classroom teacher and father to a 17-year-old boy with special needs and profound autism, the topic of discipline and behavior comes up all the time. Both at home and at school. While I can usually figure out the reasons behind a behavior for typically developing students I teach, I struggle much more with understanding atypical behaviors from students and my son.

As teachers we are quick to punish, often through disapproval and other means, a child’s behaviors. Frankly, for the majority of children it works. We can continue to move on with the work of the day and provide a framework for what is considered appropriate and inappropriate behavior in a classroom. For the typical students who generally get along with a classroom’s expectations, this works very well.

For a student who struggles with routines, does not process rules well or is “seeking” some other type of input such as sensory or attention, it does not work very well. They are the outliers in the group. Often additional, more severe punishment is given in an attempt to correct or solve the behavior. However, for these types of students, some who may have special needs, it is not always effective. As the author of the article points out “After all, what good does it do to punish a child who literally hasn’t yet acquired the brain functions required to control his behavior?”

The article quotes Dr. Ross Greene and back in the summer of 2009, I interviewed Dr. Ross Greene for a podcast I used to do on autism (I no longer keep it active) He said something that really stood out to me: “all children want to do well.” This is significant as there is often a common belief that not all children want to do well. However, if we take what Dr. Greene says to heart and see it as a truth in our interactions with students, then suddenly our frame of reference changes. We can no longer see a child’s behavior as a choice on their part. Rather, we must look for the reason behind the behavior and then work to resolve that behavior.

It is often not easy and as a parent and teacher, sometimes I feel like giving up and going back to the “choice to misbehave” theory. At those moments I take a break, recharge and keep on learning. The more often we look for a deeper meaning, the more experience we gain and the better educators we become.

What Does This Mean For Students With Special Needs in California?

We must continue to advocate for our students who fall outside the typical set of behaviors we see at school. We must understand why they are acting and reacting the way they do. To avoid punishment as a default response and to seek accommodations and other services that help a child succeed at their best.  

The result of these efforts are students and families being part of the education system and enjoying it to their full advantage.

Additional Readings

/by