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Managing Documents Under IDEA, Part II

Learn how to organize the legal papers associated with the education of your special needs student.

In this article, you will find:

For yourself and your child

Some documents are created in order to record understandings reached with others. The most formal example of this type of document is a contract signed by the parties who agree to its terms. (An IEP should be treated as a contract. It records an agreement reached between parents and school systems to govern the types of services to be delivered to a child for a specific period of time, the location of those services, the identity of service providers and so on, and is signed by each party.)

Even without such an official agreement, however, you can create a document yourself that can help prove that an understanding was reached. Suppose, for example, that you have a conversation with your special education director in which s/he says that the school system will hire an expert on inclusion techniques to consult to your child's classroom and that you will be given the opportunity to meet with that consultant about your child. You should follow up this conversation with a friendly letter to the director thanking her for taking the time to discuss your concerns about the classroom and describing your understanding of what steps s/he promised to take. You should conclude such a letter by requesting the director to respond immediately if your understanding is incorrect in any way. Such a letter may not actually "prove" that the director said the things you claim, but if s/he doesn't respond with a correction, there is at least an implication that s/he did say those things.

There may be other documents you could create that will help your child. Have there been years of repeated testing in which scores have declined steadily? You might want to create a chart of test results to focus the TEAM on that history. Have people working with your behaviorally involved child wondered what precipitates his/her aggressive outbursts? Keep a record of things said or done immediately before such explosions for a while - whether seen by you personally or reported to you. Perhaps you can help solve the mystery and focus service providers on developing a plan to work with those behaviors. (Note: There is a kind of evaluation called a "functional behavioral assessment" which is a more formal version of this kind of analysis. You should request that such an evaluation be performed if you become concerned that your child may fall into the disciplinary system because of behaviors that you believe are caused by a disability.)

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