1. What To Do When The School Says No
Snags, Bumps and Setbacks at IEP Meetings
Law Office of Nora A. Belanger, LLC 161 East Avenue, Suite 104
Norwalk, CT Phone:
Attorney Nora A. Belanger,

2. Free Appropriate Public Education
What To Do When The School Says No
Free Appropriate Public Education
Special education and related services provided at no cost to families
Must meet state and federal requirements
Include preschool, elementary school, secondary school and transition
Provided in accordance with an IEP
Services extend to age 21
Attorney Nora A. Belanger,

3. What To Do When The School Says No
Six Principles of IDEA
Free Appropriate Public Education (FAPE)
Appropriate Evaluation
Individualized Education Program (IEP)
Least Restrictive Environment (LRE)
Parent Participation
Procedural Safeguards
Attorney Nora A. Belanger,

4. What To Do When The School Says No
Know Your Rights
Right to records
Right to informed consent
Right to Prior Written Notice
Right to an independent educational evaluation
Right to Due Process
Attorney Nora A. Belanger,

5. What To Do When The School Says NO…
Put all communication in writing
Track progress through school and private evaluations
Know and exercise your rights
Attorney Nora A. Belanger,

6. What To Do When The School Says No
Our evaluations say that she has progressed.
Attorney Nora A. Belanger,

7. What To Do When The School Says No
Evaluation
The process used by the IEP team to determine eligibility for special education services
Comprehensive enough to identify full range of needs, including social, emotional and behavioral
Evaluations are necessary only for the purpose of developing the IEP
Parent must give consent
Attorney Nora A. Belanger,

8. What To Do When The School Says No
Triennial Evaluation
Conducted at least every 3 years
Determines continued eligibility
Can be based on existing data
Parent can request additional assessment(s)
Attorney Nora A. Belanger,

9. What To Do When The School Says No
Parental Consent
Required:
Before initial evaluation
Before initial placement
Before placing in private placement
Before reevaluation
Attorney Nora A. Belanger,

10. What To Do When The School Says No
Make Sure You Have Given Informed Consent
Consent to receive special education services, for an initial evaluation for all reevaluations
It is the obligation of the school district to make sure you are informed
The only purpose of an evaluation is to assist in developing the IEP
Ask who, what, when, where, why and how
Testing need not be done more than once a year
Attorney Nora A. Belanger,

11. What To Do When The School Says No
Your evaluator does not comply with the requirements of the district.
Attorney Nora A. Belanger,

12. Independent Educational Evaluation (IEE)
What To Do When The School Says No
Independent Educational Evaluation (IEE)
Seek independent evaluations if you are not getting answers from school district evaluations
District has a right to evaluate
Available if you disagree with the evaluation conducted by the school district
District must pay for the IEE or initiate a due process hearing to prove its evaluation is appropriate
Must be provided without undue delay
Results of IEE must be considered by district but they are not required to agree or implement them
Attorney Nora A. Belanger,

13. What To Do When The School Says No
He has mastered the goals and objectives in the various domains.
Attorney Nora A. Belanger,

14. What To Do When The School Says No
The IEP
The focal point of IDEA
Created for each child according to his or her individual needs
Details the special education and related services that the district will provide to meet those needs
Goals and objectives are developed from the needs of the student
Services delivery should be specific
Reviewed/revised at least annually
Attorney Nora A. Belanger,

15. What To Do When The School Says No
IEP – Planning Before Placement 2.
Develop IEP 3.
Placement 1.
Evaluate
Attorney Nora A. Belanger,

16. What To Do When The School Says No
It is not necessary to write it in the IEP, because we provide the service or consult for all students, as a matter of practice.
Attorney Nora A. Belanger,

17. What To Do When The School Says No
Treat the IEP Like a Contract
Parents must agree with content and scope
IEP must be meaningful and specific and represent real learning
IEP must anticipate frequency, duration and location of services
Methodology can be discussed
Consulting time between service providers should be designated on the services page
Attorney Nora A. Belanger,

18. What To Do When The School Says No
She is not eligible for special education because she is currently receiving response to intervention (RTI).
Attorney Nora A. Belanger,

19. Eligibility for Special Education
What To Do When The School Says No
Eligibility for Special Education
Two Prong Test
Diagnosis of a disability
Because of the disability, the student requires specialized services
Attorney Nora A. Belanger,

20. Special Education & Related Services
What To Do When The School Says No
Special Education & Related Services
Special education is specially designed instruction to meet the unique needs of the student to enable access to the general education curriculum
Related services are services required for a student to benefit from special education
Attorney Nora A. Belanger,

21. What To Do When The School Says No
We will move him into the general education classes when we feel he is able to succeed there.
Attorney Nora A. Belanger,

22. Least Restrictive Environment
What To Do When The School Says No
Least Restrictive Environment
Continuum of placements
Regular classroom placement is the first option that must be considered
Regular class placement means 80% of the day or more in a regular education setting
Based on the child’s IEP and what is appropriate
Determined by the child’s IEP team
Attorney Nora A. Belanger,

23. What To Do When The School Says No
Transition Planning
Coordinated set of services designed to “transition” a student to life after high school
Must begin by age 15, must be implemented by age 16
Transition Planning Areas:
Post-secondary education
Post-secondary employment
Community Participation
Residential outcomes/independent living skills
Attorney Nora A. Belanger,

24. What To Do When The School Says No
We only have to provide Extended School Year Services (ESY) to prevent regression.
Attorney Nora A. Belanger,

25. What To Do When The School Says No
Extended School Year
Criteria for consideration
Must be decided on an annual basis
ESY requires IEP
Attorney Nora A. Belanger,

26. What To Do When The School Says No
That is not how we do it here.
Attorney Nora A. Belanger,

27. What To Do When The School Says No
Be an Equal Member of the IEP Team
Scheduling meetings
Subject of PPT meetings
Invitees
Digital recording or flash drive
Parent input
Minutes – object or edit
Attorney Nora A. Belanger,

28. Right to Educational Records
What To Do When The School Says No
Right to Educational Records
Right to view records pertaining to child’s disability, evaluation, placement, right to FAPE
Includes discipline and incident reports
Includes data used as a basis for IEP decisions
Parent can request an explanation of records
Get one free copy of records
Exclusion for “notes”
Attorney Nora A. Belanger,

29. What To Do When The School Says No
Parental Involvement
Participation in the IEP process of planning evaluations and reevaluations
Participation in development, review, revision of IEP
Parents must be informed as to when they are to receive reports of progress towards meeting IEP goals and how those goals will be measured
Attorney Nora A. Belanger,

30. What To Do When The School Says No
It is within the school district’s purview to determine methodology or qualifications.
Attorney Nora A. Belanger,

31. What To Do When The School Says No
Ask Why? Or, Why Not?
When services are proposed with which you do not agree, ask why? Or, why not?
You have a right to specifics about time, place and duration
You have a right to know how many students in a group and if it is a “matched” group
You can discuss methodology
You have a right to know qualifications and training
Attorney Nora A. Belanger,

32. What To Do When The School Says No
He is making progress in the school environment.
Attorney Nora A. Belanger,

33. What To Do When The School Says No
Insist on Progress Monitoring
Independently monitor progress
Progress reporting should be in writing
Require quantitative data or baseline testing
Look at modifications, prompting and cueing
Request backup to support conclusions
Attorney Nora A. Belanger,

34. What To Do When The School Says No
We do not recall that; it is not written anywhere.
Attorney Nora A. Belanger,

35. What To Do When The School Says No
Document Communications in Writing
If it is not in writing; it did not happen
Changes to the IEP must be in writing
Document all concerns in writing
Document statements made to you by the school district in writing
Keep it cooperative in your letters
Attorney Nora A. Belanger,

36. What To Do When The School Says No
The parents never asked for it.
Attorney Nora A. Belanger,

37. Prior Written Notice in the IEP
What To Do When The School Says No
Prior Written Notice in the IEP
Must include:
What options were proposed by the team or the parent
Whether the options were accepted or refused by the district
Reasons for acceptance or refusal
Options considered
Basis for the decision
Attorney Nora A. Belanger,

38. What To Do When The School Says No
Prior Written Notice
Provided when IEP team makes a decision
regarding:
Identification
Evaluation
Educational Placement
Provision of FAPE
Attorney Nora A. Belanger,

39. What To Do When The School Says No
Try to come to a collaborative agreement
If you are not in agreement with eligibility determinations, or the IEP; you can just say “no”
Make sure your disagreement is documented on the Prior Written Notice page
Provide an amendment to the IEP document if it is not accurate or you do not agree
If the change occurs outside of an IEP meeting, put it in writing
Attorney Nora A. Belanger,

40. What To Do When The School Says No
Dispute Resolution
Mediation
Advisory Opinion
Due Process
Attorney Nora A. Belanger,

41. Due Process Procedures
What To Do When The School Says No
Due Process Procedures
Parent has a right to due process to resolve disputes
Formal administrative hearing with witnesses and testimony
Hearing Officer’s finding is legally binding
Attorneys fees are paid on issues on which the parent prevails
May be expedited under certain conditions
Attorney Nora A. Belanger,

42. What To Do When The School Says No
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Attorney Nora A. Belanger,