Yes, School Districts Do Hold IEP/504 Meetings and Do Evaluations During Summer

Well, summer is flying by, and if your child doesn’t have an appropriate placement at school, don’t lose hope. If the IEP/504 Plan isn’t right, many school districts seek to “protect their staff” from the instrusions of working with parents and administrative issues during summer because they are working with reduced staff. No school district is exempt from this tactic, to my knowledge. They all seem to say, “It can wait until Fall.”

Well, the first day of school with an inappropriate IEP is not an It-Can-Wait item, is it? So let’s get with it and see what we can do.

First, moderate to large school districts don’t shut down their administrative offices, and it is in these administrative offices that anything can be done for an IEP change and evaluations that might be done during school months at local schools.

How do we get that done? Letters. Phone calls. Find out who is in charge of special education at your child’s school during summer months and make it clear by phone, personal visits, and writing that your child’s issues can’t wait. Explain on the phone that your child’s access to education doesn’t exist with an inappropriate IEP or without adequate evaluations to know what is really needed. On paper, write the district that your child’s IEP is inappropriate and this is denial of equal access to his education under both IDEA and Section 504. Go ahead and use the law to back up what you say. It’s what makes them move during summer. Write that without an immediate evaluation, no appropriate IEP could be drawn up because the data doesn’t exist to make placement decisions correctly.

If your child is one who learns slowly and will have great difficulty catching up after missing months of appropriate instruction, say so bluntly. “My child will suffer a loss of opportunity to learn and will require months of remedial efforts to catch up. This does not represent equal access to learning, equal opportunity to learn, nor equal effectiveness in education.”

One of my clients went so far as to say, “Andy is not receiving FAPE with his current IEP. Continuing with this inappropriate IEP isn’t exactly child abuse, but it is mentally and emotionally abusive to keep a child in a regimen of demands he can’t cope with until he becomes emotionally ill. This is what I see happening to my child and I will use every social, administrative and legal means I can find to stop it, including complaints to the State DOE and the Office for Civil Rights.” Her child was being damaged emotionally by a do-nothing administration that had put off evaluations and appropriate IEP provisions for two years. The month she wrote this letter, there was action.

A complaint to Office for Civil Rights involves vast amounts of data collection and proof of appropriate action or justification of why no action was taken. Hundreds of man hours, hundreds of papers, forms, etc. take man hours away from their daily duties in the school district. When that threat exists, many school districts take another, harder look at what needs to be done for the child, and it is often cheaper to serve appropriately in education than to defend against a complaint to Office for Civil Rights.

I’m NOT recommending you automatically throw out such threats. If they are warranted, don’t delay. But put your self in the district’s shoes. Your child’s needs must be presented to them in such a way that it is impossible to deny what is needed. Use the law and regulations. Get your district’s procedures and quote their own rules and procedures at them. These must comply with federal and state laws, so what you need will be there. Find it and use it.

The fact that it is summer does not justify delaying implementation of special education policy and procedures.

Tell them simply: “Jason’s education is negatively impacted every day he goes to school with an inappropriate IEP. Jason is entitled an appropriate IEP every day that he goes to school, including the first day of school in September, 2014.” Then tell them when you will be in their office to sign the consent for evaluation (give them 3 or 4 business days to prepare it for you) or give them 2 options when you can be available for IEP meetings in 7 to 10 business days. Give your contact information and then mail the letter so someone must sign for its receipt–certified or registered. Or hand carry it with a notation on YOUR copy that this letter was “Hand delivered to _____ on (date)” to be signed by the person who accepts it from you.

School districts do function in the summer. If you don’t know whether your district is open in summertime and no one answers the phone, call your state’s Department of Education special education office. They will tell you if it is open for business. If it is, you just have to put your child’s case on their list of priorities.

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Prepare For Your Child’s IEP Review in May, Pt. 1

Hello, Parents, Grandparents, Guardians,

It’s April 22, which means it’s almost May.  May means IEP reviews and 504 Plan reviews.  (For this series, IEP will also mean 504 Plan since 504 plans meet the same academic needs as IEP Plans.)  Whether you think your child’s IEP is fine as it is and can just take a rubber-stamp to keep things going well or you think your child’s current IEP stinks like yesterday’s fish wrappers, there are a few things to consider.

A.  Some students will be changing to bigger, more challenging schools – middle school, high school and may need help with the transition.  We will address this issue today.

B.  The sheer number of special education students in some districts can make it nearly impossible to review all IEPs in May.  However, many school districts will do it anyway and may use methods that violate your child’s and your family’s right to privacy under Family Education and Right to Privacy Act (FERPA).  That’s for tomorrow.

C.  What should be done to address academic failure?  Social promotion is NOT acceptable, and neither is retention.  So….what to do?

D.  Is your child one who needs success is something at school to prevent him or her from giving up altogether?  Is that something a non-academic activity such as sports or drama/theater which require grades better than your child can get with an inappropriate IEP?  Or just better grades?  There IS a way to use IEPs and 504 plans to make these activities available to special education students despite lower grades than required by The Almighty Rules.

The topic for today is that bumpy ride between two levels of academics–elementary school to middle school, middle school to high school.  At this point in life, the majority of students are making huge strides in personal development and learning school that make such large changes reasonable and necessary.  Is your child ready for such momentous changes?

1.  Is your child at the transition point between academic levels–moving from elementary to middle school, middle school to high school?  If so, arrange a conference with your child’s teachers before scheduling the IEP/504 Plan meeting.  Ask if teachers and/or staff see anything about your child, the effect your child’s disability has on his/her education, and your child’s maturity that should be taken into account on the IEP for the next academic level.  What should you be considering?

a.  Many children with disabilities lag behind their peers in social or personal development. Middle school students are beginning to socialize more away from home and the pressure to fit in somewhere becomes intense.  Students who can’t succeed socially are at risk for depression and ostracism – two main ingredients of Columbine and similar events.  Students who are not ready for the leap in greater academic demands are at risk for failure without prevention of failure or immediate remediation.

b.  Middle school brings a change of classroom along with change of subjects AND a change of teacher.  Some children may not really be quite ready for that many changes all at once in September.

c.  In high school, those changes are in place, but the academic intensity increases.  Homework demands soar.  The building is larger, and there will be lost children at first.

d.  Sports and clubs loom large in the social atmosphere and a teenager’s life can become a constant popularity contest if a teen doesn’t perceive his individual value outside that context.

There is an answer when we ask how we can help with this transition.  Summer school.  (Eyes rolling, sighs, OMG, someone says.)  Summer school is held with far fewer students, so hallways are not jammed, classes are small, almost intimate, and students have a chance to start school with new friends already in place.  They already know their way around the building, so they don’t get lost and panicked in crowds.  They already know some of the teachers.  They already know the cafeteria, its rules, its perks.  This is an item for the child’s IEP that will give a jumpstart to what could have been a rocky transition full of potential failure.

If your child does not handle change well,

If your child is somewhat or very socially immature,

If your child is directionally challenged even in a space the size of a lunch bag,

If your child has fears of the bigger, new environment that is coming,

If you think these aspects of your child may interfere with his or her ability to succeed academically during the Fall semester or the entire first year, then summer school is a very reasonable and needed accommodation to request for your child’s IEP or 504 Plan.

If your school denies summer school for reasons that have nothing to do with your child, such as

–we reserve it only for children who failed the academics this year;

–we aren’t babysitters for immature children, find a club for him/her;

–we don’t have the funding for it; or

–there’s a waiting list. . .

grab your local education advocates and make some school administrators realize your child truly NEEDS summer school as a foundation for academic success in the Fall.  You can find advocates at your state’s Parent Training and Information Center (PTI) http://www.parentcenterhub.org/find-your-center/  and at Council of Parent Attorneys and Advocates (COPAA) http://www.copaa.net.

There are no excuses for denial of FAPE for a child with disabilities.  Legislators with pet projects in mind for campaign money donors have cut our education budgets to unreasonably low levels, but there is money to meet special education needs when the alternative is to fill out about a thousand pages of paperwork to respond to a legitimate formal complaint to OCR or to lose all special education funding in the district for refusal to serve.  Sometimes services are not provided just because parents don’t know how to insist or because administrators can deny them.  Summer school does cost money–plenty of it.  It’s a convenient item to cut from the budget if no one complains loud enough. None of these reasons to deny summer school is permissible.

Don’t feel guilty because your child’s education costs more and don’t let anyone make you or your child feel “inferior.”  Don’t let anyone dismiss your child’s needs by saying his/her costs take money away from others.  (Our legislators do that just fine, thank you.)  We don’t flip out OCR complaints every 90 days, only that one time that something absolutely critical was denied and there was no other path to peace.

Because we only get to live each day once and learning is the most important work anyone does for the first 18 years of life, it’s important to give each child appropriate support to achieve success.

 

 

Shutting Down a Nation – What Chance Does a Child Have?

Dear Everyone,

Today our elected Republicans played Dirty. They wanted to eliminate funding for our new “Obamacare” healthcare program, so they refused to authorize funding for essential governmental functions because the two authorizations are together. It is an awesome show of power, a grand display of how ignorance can be used to hurt an entire nation, how personal self-aggrandizement and ego and raise itself up above an entire nation to seek fulfillment. It makes me sick at my stomach.

Our children are the most dependent of all. Their education depends upon funds from various governmental levels to be sufficient to pay for meeting their needs. For years IDEA has been clarifying what must be done to provide FAPE for our children with disabilities, and for all those same years, legislators with more ego than brains have been cutting funding until some school districts can offer only 4 days of school per week, students must share books and therefore can do only half the learning and homework. Parents do NOT agree with this level of funding or kind of educational services, but our legislators’ children usually attend private schools and they don’t have a clue what goes on in public schools. When parents vote, it is their prayer for appropriate education, but it is getting harder and harder to achieve that.

Today we see that there are elected representatives who represent only themselves and not their constituency. The reality is that they want what they want so badly they are willing to shoot an entire nation of people down the toilet rather than compromise. There probably is a word for that kind of person in the English language, but I am a Christian and I’ve never heard it. At least I’ve never heard a word that describes my shock and horror that anyone – or any group of people – would care so little about their fellow humans that they would treat us this way. I don’t have words to describe the depth of loathing, the despair for our future, the futility of belief their actions make me feel. It just doesn’t seem human to behave in such a manner.

Seeing that there are legislators who think nothing of actively working against what the nation needs, how do our children with disabilities stand a chance? How does an individual child stand a chance?

Nobody stands a chance unless we all SPEAK UP. We can’t afford to roll over and let it happen around us. It will take us down with it. Now we have to GET OUT OF THE HOUSE AND SPEAK UP.

WRITE AND CALL your representatives and senators and let them know you support them if they fought this shutdown and let the others know they can’t be so smug about getting your vote in the next election. I’m going to ask my Republican naysayers to give me the procedures for their impeachment. (They have to do it–or they won’t get my vote.) What are you going to ask your elected representatives and senators?

Call. Write. Join the efforts of your local groups that are protesting. Make some noise. What would happen if we all drew a bullseye on our foreheads to represent how they’ve shot us all down? What if we wore that bullseye until that funding is given?

Our public officials have publicly shown us they don’t care much about their public supporters, and it’s time we publicly show them we don’t care much for their public failure to do the job. It wouldn’t hurt to say it once for yourself and repeat it in your child’s name.

Keeping Up

Sometimes we get exasperated with our students and our children because they don’t innately understand organization and time. There are brain differences, both in structure and in neurochemistry, that contribute to these deficits. These are part of our executive skills, our ability to understand and determine our priorities and to set out plans of action for achieving these goals–and the ability to marshall the motivation to complete the plan so we achieve what we set out to do. Time and organization are two nebulous concepts for those who face executive skill challenges.

Children who don’t know how to achieve within time frames need help. Just plopping an organizer on the desk is not enough help. What are they supposed to put in it? How are they or we to know that what they put in it is accurate? How is this child going to follow what is in the organizer? I can tell you that even though I am an adult (WAAAAAY past youth), I still forget to check the organizer for meetings, events, notes, etc. It is NOT an automatic given that possession of an organizer means one is organized and efficient in time management. That is a learned skill for most of us, and if we have an IEP for academic learning, we need to remember that the conditions requiring an IEP mean we should deal with other learning in much the same way.

So, how to teach time management? A minute at a time. (And there are 60 of those in an hour, so don’t resent the required repetition here). Go over the organizer with the student. Explain why we use them. Explain that it’s not a weakness to need one–it’s the fact that all our lives we are busy and when we become the child’s age and older, there are too many details to expect to remember everything without prompts or reminders. All people with significant jobs use organizers/planners. The presidents and rulers of the world use them. It’s only democratic that we can, too.

Don’t let the student grind on and on about “weakness” or “nerdy-ness” on this point. It’s a life skill to know what must be done and when. Period. End of discussion. “Here’s how you can make this most useful for yourself.” Or, “Let’s look at this and see how it will help you do everything you want to do without missing anything.”

How many times will prompts and reminders to check the organizer be required? As many as it takes. I always tied this activity with something else my children would NEVER forget to do–like eating. Come home from school, grab the snack, go over the organizer quickly and put it back in the backpack for use when doing homework later. Just that small peek is significantly important toward developing the habit of using an organizer.

IEP/504 it if that’s required. Get school staff to actively support your child’s efforts to learn to use an organizer effectively. Some schools issue their own organizers to their students; others act like its an intrusion to ask someone to verify that your child actually got the assignment written down somewhere, never mind if it’s accurately copied. Support at school and home gives your child consistency and stability.

Organization–everybody has a different idea of what that is. Here’s mine: We understand our world in chunks–a set of activities that pertain to preparing a meal, activities for homework, activities for cleaning a room, etc. Organization is going through our days knowing what we will be doing and being prepared with materials and time to do everything efficiently and as needed. Newbies need help to do this–and not just an organizer. Some people need to have life explained. Chunk–get out of bed, bathe, comb hair, get dressed, eat breakfast, brush teeth, grab bookbag, go out the door–this is getting ready for school. Chunk–preparing lunch the night before and putting it in the right places until it goes into bookbag. Chunk–homework, including getting all papers and books back into bookbag. Wise parents will talk about these chunks and make them visual with charts for those learning the chunks. Older students need that talk about how much time each chunk really takes–and how to put that time into the organizer for good time management.

Children with learning deficits often feel overwhelmed by the demands of homework, after school activities, family activities. Watch your child, talk with your child. Setting up the child’s organizer is a good time to talk about how to be only busy enough that one is tired in the evening–not exhausted–and how to plan in some time for just being a kid who has time to watch a bug climb a blade of grass, chase a butterfly, or try to cook an egg on a hot sidewalk. The time-stressed child learns less effectively than the one who is relaxed. There is time enough in life to be a busy person, but there are only a few precious years when acting like a child will be tolerated. We must allow at least some of that time to be used that way rather than generating complicated schedules where no minute is free for anything except going from one planned activity to another. In this conversation about use of time, listen to the child. Like us, he can only live each minute once–let it be good! Then when it’s time for school work, he’s refreshed and able to focus better.

Evidence In Cum Files

Hello, Parents and Advocates, Teachers, and Kid-Helpers everywhere,

Today is in that odd block of days when some school districts have not yet begun school and others are in full swing.  It is the busy time of the year for teachers who suddenly have a new crop of students they don’t know and about whom they know nothing.  It’s all learning all the time for all the people in a classroom these days!

Teachers, you are busy, but you really, really, REALLY need to take a few moments to listen to parents of your special education students, especially if you are a non-SpEd teacher.  What parents can tell you can relieve headaches, speed your paperwork, and improve your classroom management.  Not kidding, here.  Parents know things your peer from last year knew, used, and appreciated.  To ease their child’s way, they want to pass that information on to you and they should not be asked to wait until you’re dying of exhaustion 6 weeks later at Open House.

As a teacher, you don’t want to pick up on someone else’s biases about a child, but you need to proceed knowledgeably–and without information from the cum, the IEP or 504 plan and the parents, you are not exactly educated in what you need to know to be an effective teacher for these children.  The IEPs and 504 plans are available only on a need-to-know basis, and as a special education child’s teacher, you are THE ONE who needs to know what is on that IEP or 504 plan.  You do NOT need anyone’s permission to see it.

Parents, I know we all want to talk endlessly about last year and this new year and our children and their accomplishments, but busy teachers need the Condensed Book–the Comic Book–well, really at first maybe the Comic Strip is enough for starters.

For behavioral issues, concentrate on the most important issues and let little things wait for a couple of weeks. “Johnny has this, it makes him do that, and the best way to handle it at school has been….” “Annie is obsessive, and if you don’t give her time to…. she simply shuts down.  Then she agitates until you can’t do anything with anyone else until she gets settled again.”  “Oli doesn’t always pick up on general instructions to the class.  He needs you to speak directly to him if you see that he’s not on track.  It’s not that he’s unwilling–it’s that he doesn’t always focus enough to know general instructions are for him, too.”  No further discussion is necessary unless the teacher invites it.

If dealing with chronic illness and medication needs, bring a current doctor’s note about how medication and symptoms should be managed during school hours and give copies to each teacher, the principal, the school nurse, and give one specifically for inclusion in the cum.   Tell the principal that you’ll be following your child’s progress closely– both medically and academically.  Make sure everyone who needs it has information about how to contact you in an emergency.

Advocates, we’ll soon be getting complaints about how last year’s IEP doesn’t work anymore or inappropriate placements, so be ready.  Do you have your school directory handouts about school hierarchy and staff updated and ready to copy or e-mail or have you updated your general parents’ e-mail about this? Have you met the new administrators you’re most likely to deal with in the upcoming year?  Are you up-to-date with how the school administration plans to deal with bullying, drugs or guns on campus, teacher abuse of students, students’ physical contact with teachers, etc. and where are the policy and procedures for these located so you can refer parents to them?  What about staff cuts due to budget cuts–duties and responsibilities move all over the place.  Do you know who is handling what in SpEd these days?  Here’s where buddying with someone in administration is helpful.  If you don’t have such a “buddy”, find one.  Even if the general administration tone toward advocates and parents is unfriendly, individuals in the system can be very helpful and glad to be of service. (Parents, you can do this, too.)

Everyone–whoever has access to the cums–have you checked it for progress, obstacles to progress, triggers to trouble, avoidance strategies, patterns that cause concern, etc?  There is a wealth of information in cums beyond just the forms.

Forms will tell you:

if there is a pattern of student behavior that indicates the time of medication administration isn’t right

if a certain person is always involved in conflicts, and sometimes how that happens

if a child’s behaviors function to promote learning or don’t

if a child is avoiding something critical

if a teacher is trying to move mountains to find your child’s key to learning

if an administrator is diligent or lax about keeping documentation in order

if certain staff members appear to “have it in” for a student

if a student seems to be “going after” a staff member

if a student is or is not successful in presentations done in certain learning styles

if a student is being treated unfairly

if staff members need training

if administration members need training

If school staff review cums at the beginning of every school year to pick up on what worked at the end of the previous year and listen even briefly to parents of SpED students, opening days and weeks will go more smoothly. (Yes, I know, it’s about accommodations and FAPE, too, but we tend to overlook what works when it gets frantic–and it trips us up and makes things worse!)

If parents review cums at the beginning of every school year to assure that all the information that should be there IS there, the school will have the resources it needs.

If advocates have “oiled” their relationships with school staff and administration so the “gears” will be ready to move when needed, then we are good to go.

Parents, not all of us are wealthy, but when we need to get a teacher’s attention at this time of year, if you get it, use a little money to show your appreciation for the effort that requires.  If you can only spare a dollar, buy a few stickers the teacher can use for the students, a few pencils or pens, or anything usable in class.  Teachers spend a lot of their own money on our students’ needs and if you can give the smallest thing, your teacher will notice and remember that you might be an ally and therefore merit her attention. Then do nothing to spoil that impression!  And don’t forget to use your magic Thank You words–teachers need to hear them.  You could also write thank you notes to those who help you–to be included in the cum.  Can you imagine the different it makes when someone who is grumpy and upset about a lousy day is going through yet another set of troubles and finds a thank you?  Evidence of appreciation should be liberally spread around, even as a note in cum files.

Teachers, too few parents become involved with their children’s education, their teachers, the school.  No day is ever too busy to say “Thank you for thinking of me (the class, the school, etc.)” Our children are the tough ones, and too many of us don’t get many rewards from non-family members for being their parents, trust me!

Advocates, we owe as much thanks as anyone else, and because it isn’t our child, we might forget to say the words out loud.  Here’s my shortest story.  Once I almost walked out of a tough IEP meeting without actually saying thanks.  I stopped by the door and turned around.  “OUT LOUD,” I said rather loudly.  People stopped talking and looked at me like I was a bit crazy (they’re probably right).  “Out loud.  I was walking out of here thinking how thankful I am to all of you for caring about these children, your work, what we do, but I didn’t say it.  So now I’m saying it.  OUT LOUD.  Thank you.  Thank you for caring.”

You will never know how bright the rainbow of smiles was that went around that room.  It was the best-received thank you ever.  And I could joyously be seeking another like it for the rest of my life.  You look for it too.  I hope you find it soon!

 

 

Understanding and Using Cum Files – Attendance and Medication Administration

Hello, Parents!

When parents get their copy of the cumulative file for a child with disabilities, it is a pile of paper filled with words and phrases we don’t understand, forms that seem to mean nothing but we know they are important or they wouldn’t be there, etc.  And there are things we do understand–immunization records, attendance records, things we sent in ourselves.  But with a file that can grow to 4” or 5” thick by 3rd grade for some children, there’s a lot that needs explanations.  Or just some determined examination.  So what is all this?  This post will stick strictly to issues involving special education papers in your child’s cum.

Attendance:  If your child’s attendance is at issue, use your own calendar at home to double-check the school’s records.  At the end of the school year, districts count the days of absence and may tell parents the student has missed too many days of school and will not be promoted to the next grade.  

I’ve seen times where the student was an honor roll student and the form letter goes out anyway.  It’s a big mess, lots of yelling and howling, finger-pointing and all that.  In the end, a good student gets a common-sense over-ride and advances.

But what if your child is a borderline case, one day makes a difference, and you can prove your case that the school is wrong because your calendar says so?  Your calendar can win the day.

What about behavior problems in a district where principals or school staff are allowed to call parents and say, “Joey isn’t behaving appropriately today so we need you to come pick him up and take him home for the rest of the day.”  And it’s still morning.  It’s wrong, but it’s done all the time.

What’s wrong about this strategy?

School staff are not teaching Joey when they send him home. He’s being denied access to his education.  Not just equal access, but any access, is denied.

Joey isn’t learning skills and strategies for learning or appropriate behaviors that permit learning, so his Free, Appropriate Public Education is denied.

Joey is being removed from very setting he most needs to be in so he can learn how to behave properly in it!

If parents don’t know that IDEA requires schools to develop behavior modification plans and class management plans that give teachers ways to help Joey learn better school behavior and participate in learning, Joey will eventually miss so much school he can’t progress.  He is a future dropout at best.

Parent Advocacy Skill:

“I’m sorry, Ms. Principal, but Joey won’t be coming home with us today.  He needs to be at school to learn, and we need to hold an IEP meeting to develop an appropriate behavior modification plan so he can learn good learning behaviors.  I’m available Thursday at 10 a.m. and Friday at 3 p.m.  next week.”

Ms. Principal will find your written IEP meeting request on her desk tomorrow morning.  “The school continues to request that we bring Joey home before the end of the school day because he is unable to perform good learning behaviors.  I am requesting an IEP meeting to plan appropriate behavior management strategies for his IEP so he can begin to learn appropriate school behavior.  Please let me know within three working days when this IEP meeting will be held.”

If your principal responds that there must be some observations and/or evaluations done before an IEP meeting, this is good news.  IF these are done and done in a timely manner, it is good news.  It should mean that a school counselor or psychologist is checking what triggers inappropriate behaviors from your child and how to avoid them or teach your child how to manage himself.  This evaluation period should not take more than a week or two, but in larger districts, staff time allocation may take up to 30 days.  Check in periodically (not more than weekly) to see how things are going and to say thank you.

Make a list of behaviors and triggers that happen at home that school staff can discuss in this meeting with you that will help them further understand your child’s needs.

Medication Logs (Individual and school):  If your child’s grades are not what you believe she is capable of, look at medication logs, especially if medications are to help with behavior, focus and concentration, or compulsion.

Medications must be given to children at the proper time for them to be effective.  Watch out for these errors:

A.  given too early — may create an overdosing effect that temporarily impairs your child’s ability to stay awake, focus, concentrate, or participate fully in class

B.  given too late — creates a gap where lack of medication is when behavior deteriorates and learning is no longer possible; and

–worse, creates the possibility that the late dosing causes an overlap with the next dose that then becomes the overdose situation

C.  not given at all

Is it just once or is it a recurring pattern of sloppy administration?  If it’s a pattern of lax management, document it in a list of times and dates or on a calendar.   Write directly to the principal.  “Jenny’s medications were administered inappropriately as follows:  (list the times, dates and medications not done correctly).   Jenny’s medications must be given according to the following schedule:   (then give that schedule).”

Your child’s file doesn’t have any medication administration records in it?  Then you need to see the school’s medication administration log.  By law they must record every medication administered to a student, when (by date and time), and by whom.

If staff tell you they can’t let you see it for confidentiality reasons, tell them you know they can redact a copy of the log so you can see what you need to see for your child’s case.  School staff will have to black out other student’s names, but they must allow you to see that record.

If you find medication administration is sloppy, look for evidence of how your child might be affected by it, talk to teachers for their impressions, etc.  If it’s clear or even possible that your child’s education is being impaired by sloppy medication management, it’s time for another letter and phone call to your principal.

“I’ve noticed Jenny’s medications are not being administered according to the schedule the doctor has requested and it is impairing Jenny’s ability to learn and participate fully in class.  Jenny’s medications must be given according to the following schedule:   (then give that schedule).”   Don’t forget to close with a thank you for helping Jenny succeed at school.

After two weeks, ask for copies of the last two weeks of medication logs.  (No excuses about confidentiality allowed.)  Once they understand you are looking over their shoulder frequently to monitor your child’s medication administration, it should improve.  If it doesn’t improve within two weeks, call and write to the supervisor of your school’s principal.  After two weeks, if there is no improvement, go up another level.  Give each level two weeks to improve.

Consider also that if the schedule for your child’s medications is not in the IEP, it might help to put it in there–so call for an IEP meeting to do that.

However, if lax medication administration is health- or life-threatening, don’t wait–just start with a call to the principal.  If the principal is not immediately supportive, call the next level above and write if they ask you to do so.  If you can’t get better medication management, call your state’s special education monitors in your Department of Education and ask for assistance.  You WILL get help.  Nobody gets to fool around with meds.

If your child has a 504 plan, all of this post applies to your child’s case.  Just substitute 504 for IEP, and there you have it.

This is all for now.  In the next post we’ll be looking at how to use minutes of meetings about your child, behavioral records, teacher referrals, teacher/staff notes, observation records and/or anecdotes to help your child.

How To Request the Cumulative File

Parents need to know what is in their child’s cumulative file.  It doesn’t matter how often you talk to school staff about your child–you NEED to know what is in the cumulative file.  Information there will help you understand why the school does what it does with/for/to your child, may contain information about future plans for your child, and will have information about and copies of evaluations and evaluatio reports.  You truly NEED this information.

If you’re thinking you can just make a request for a copy of your child’s cumulative file by phone, stop. That’s fantasy. You can request that way, but if the district you’re in is the least bit lax about listening to parents, if it is a tad unwilling to share its records, if it is the honkin’ biggest discriminator around, you could be waiting a very, very long time for absolutely nothing to happen. Verbal requests are worth what they’re written on–air. School staff are busy, and verbal requests frequently are overlooked, sometimes unintentionally, sometimes gleefully intentionally. The rule is this: if you want your school district to do something for your child or your child’s case, make your request in writing and keep a copy in your home file.

When you write a request for a cumulative file, you need to identify your child seven ways from Sunday:
name, age, birth date, address, school district, school, grade, teacher’s name (for elementary students), student ID number. To make it easy on school staff, make a standardized letterhead for your school correspondence that includes your child’s data. Like this:

date

your return address

re: Child’s Name, Age
Date of Birth
Residing at: (address)
School District, School
Grade, Teacher’s Name

Next, put another Re: line, this time stating in 10 words or so what is the topic of the letter–Parent Request for Copy of Cumulative File.

In the first paragraph, identify your child. “My child is (name, age, birth date) who resides with me at (address) and attends (teacher’s name)’s class in (grade) at (school name) in (school district), (county name), (state).”

Then make your request. No extra words needed.

“This letter is to request a parent copy of (child’s name)’s cumulative file. I will stop by to pick it up on (give a date about 3-5 business days in the future to give time for copying). Thank you.”

If you can afford to pay for copies, you can stop writing and sign off here. If you can’t afford to pay for copies, here’s what you need to know.
1. Schools must make the cumulative file available for parents.

2. They may offer you access on school property, where you may decide to copy only certain pages if you wish and the school might or might not make those copies for you free of charge. They may not stand over you while you look it over. They may not withhold parts of it from you. (If they say there are other children’s names in the file, you will say, “We need to see all the cum, so please redact those pages for us.” That means black out the names to maintain other students’ confidentiality. They should not blacken out anything else–not teachers’ names, not events, not titles, etc.)  Cum files should contain medical information/records that schools must keep for children who take meds, vaccination record, etc., attendance records, teacher’s notes, samples of work, copies of IEPs/504 Plans, correspondence (all that is about your child),

3. The school may make a copy for you for free. YAY!

4. The school may exercise its right to charge a REASONABLE fee for copies. “Reasonable” has been interpreted by Supreme Court to mean no more than teachers are being charged to make their copies.

5. Schools may not charge “research fee,” staff time, filing fee, replacement fee or any other fee.

6. You may request the school to waive the fees for copies by writing, “We can’t afford to pay for copies, so we are asking that (school, district) waive the copying fee for us.” Most will do it. If not, go to the superintendent of the district (in a letter) stating that you have requested a copy of the cum so you can give informed consent at the next IEP meeting and your request to waive copying fees was denied. Then if it is true, you can say, “It imposes unreasonable hardship for either of us to take time from work to come to school to view the cum on site. For us to have equal knowledge of (child’s name)’s educational needs and to act as equal partners in the IEP/504 process, we need to have a copy of the cum. Please assist (school name) in waiving the cost of copies so we can perform our duties at the IEP/504 meeting as equal partners and give informed consent as (child’s name)’s parents.”

In your last paragraph, give your phone number for contact in case there are questions, state the date you will be there to pick up the file, and say thank you.

If you can’t pick up the file and don’t trust another adult to pick it up for you, DO NOT LET THE SCHOOL GIVE IT TO YOUR CHILD TO BRING HOME. Children are curious, and some things that are in cums can be devastating to children if they read them. If the school mails it, request it be mailed in a way that it can be traced and requires a signature for receipt. This guards against loss and offers proof as to whether or not you actually got your copy. DO NOT ASK FOR CUM FILES TO BE SENT TO A P.O. BOX. These files are often too large for these boxes, and some delivery companies will leave it on a doorstep where anyone, including other people’s children, can take it. Figure out where this mail can be delivered safely so YOU are the one who ultimately receives it. Then close with a thank you.

Come back soon and we’ll talk about what you do when you get that cum. You won’t believe how much information you can get from those papers that isn’t even on those papers! And you can do so much to support your child with what is in the cum that you won’t want to miss what’s coming up.

Till then, laughter and smiles, enjoy what’s left of summer!