Ask Nessa
What are the Parents’ Rights as Their Child’s Advocates at School?
C
indy Glazer, a special educator, interviews Nessa Siegel, retired attorney and well-respected expert in special education law, about advising parents as to the rights of children with disabilities within the school environment.
school personnel can be intimidating. Shouldn’t parents assume that the school personnel are the experts?”
NESSA: “Who are the experts? IDEA ensures that it considers parents as experts in regard to their child’s CINDY: “Nessa, you are an expert education. One section of the at advocating for children who law, as well as case law, addresses have not received the supports and ‘meaningful participation’ for NCJW/ClevelaNd: services they require through the parents and the importance school district. As a retired public they play as experts. Parents THE NCJW WOMAN: educator, I’d like to think that these should remember their out-ofNessa G. Siegel school expertise and draw on cases are few and far between, but I am fully aware that they occur private therapists to be part of all too frequently. I would like to the evaluation and IEP teams. “NCJW/Cleveland identifies ask you some questions that will These private therapists, doctors, a need in the community “I joined because I believe in assist parents as they confront evaluators, and NCJW/Cleveland’s helpsspeech fill it. therapists, work. these issues. What are the parents’ PT therapists… are experts as Education. rights as their child’s advocates? If well asAdvocacy. school personnel. These LIVESPECIAL.COM Community Service. parents think their child may have WendieCindy experts attending meetings serve Glazer Forman Ellen Leavitt Cindy Glazer a disability, they need to educate That’s why we’re members as the parent support to request of National Council of Jewish Women.” themselves before they contact the school educational services for their child. That’s why I volunteer with the National Council or an attorney.” procedures are followed correctly, of Jewish IfWomen.” parents can get an independent NESSA: “The Individuals with Disabilities Celebrate literacy at the Annual Meeting, June 3 educator evaluation (IEE) and get the Education Act provides parents withMembership starts at $45 school district to pay the evaluation numerous rights. The most important right 216.378.2204 forRemember, tickets ncjwcleveland.org fee. if you do not ask for a provides that parents are equal members, www.ncjwcleveland.org 216-378-2204 needed service, your child will likely not along with school members, of the school receive it. All educational services are teams that determine a child’s right to a based on the needs of the child.” free appropriate public education (FAPE) and thus special education services. CINDY: “School districts can be These rights are outlined in the act itself. reluctant to offer services because Parents need to be familiar (at the least) of lack of staff. Is that a reasonable with the sections delineated as procedural explanation? Can a parent insist on safeguards, evaluation requirements, and all accommodations or other items to be the sections addressing the IEP document included on the IEP or 504 plan?” and meetings. In addition, at the end of NESSA: “School personnel cannot the act there is a section of questions that deny services based on staffing or past specifically comment on parents’ rights. procedure. Rather, accommodations The internet is the key to the parents’ on IEPs and 504 plans are based on education. The act, Special Education the needs of the child. Parents can Laws of Ohio, and the Ohio Administrative request that data be taken in the Code are all available through the internet. classroom to prove a child requires Moreover, Googling key words of IDEA extra time for testing, a quiet room such as positive behavior plan, placement for testing, or personnel to help with determination and related services will behavior issues in the classroom. provide parents with pertinent information. Parents should use their outside Parents must educate themselves to be experts to write reports or attend the effective advocates for their children.” meetings to characterize their reasons CINDY: “Parents often are unsure of how for recommending an accommodation much to say at meetings. The numbers of on either the IEP or 504 plan.”
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CINDY: “How can a parent ensure that the 504 or IEP will be followed when a child is transitioning from elementary school to middle school?” NESSA: “When a child is transitioning from one school to another, one school year to another, or one district to another, a transition plan should be developed. The best way to develop an adequate plan is to have personnel from the present staff and special educators meet together with next year’s staff, including special educators. This meeting and an appropriate plan should be developed before the transition takes place. The best time is at a final IEP meeting for the present year or before school begins in the fall. Parents can request an IEP meeting to address transitioning, specifically.” CINDY: “How can a parent help their child to become their own best self-advocate? At what age should the child be attending the IEP or 504 meetings? I found that it is often helpful for students to know their accommodations so they can remind a teacher or tell a new teacher or a substitute.” NESSA: “This is the most difficult question to answer. Much depends on the age, ability and desire of the student in question. There is no single answer. Parents must make a decision based on the child’s maturity and emotional development. Research has shown that the earlier a child can speak about his/her disability with openness and confidence, the more accepting he or she can be of their disability. Trying to hide or deny a disability only causes more angst. I speak from personal experience.” Cindy Glazer, M.S.Ed., served as a special educator for 27 years and continues to consult parents of children with special needs. Nessa Siegel, Esq., graduated from Cleveland Marshall School of Law after a career as a special educator and practiced in school law for 25 years.
