The top statements most likely to lead to mediation or a due process hearing

“We do not provide that service in Loudoun County Public Schools.”

You will eventually encounter someone whose

life will be dedicated to proving you wrong!

Programming is based on each individual student’s needs, not availability or

LCPS history.

“We don’t do that here at our school.”

Not yet, anyway…

Programming is based on an individual student’s needs and not on the past history of your school.

“I will have to check with my supervisor to see if I can add that to Johnny’s IEP.”

The student’s teacher(s) and therapist(s) create the draft IEP. The IEP TEAM, which includes the parent(s), discusses and fine tunes the document. The parent then agrees or disagrees with the IEP as proposed.

All decisions about what an IEP includes or does not include are made by a team, not an individual, and especially one who is not at the meeting.

“There is no money in the budget for this. You’d really need to check with (fill in name here) about funding.”

Budget issues are not IEP issues!

It is the IEP TEAM’S responsibility to determine what is required for the student to receive educational benefit and to make progress. Do not implicate anyone else as the decision-maker.

“I will need to check with the attorney to see if we have to do this.”

No, you don’t!!

The educational services a student requires are determined by the IEP TEAM, not any one individual. Ask your supervisor to attend meetings that may be challenging.

“The LCPS attorney for special education said…”

It doesn’t matter!

ANY and ALL such information is confidential and privileged!

Even if the case is contentious and you have been included when our attorney was consulted, this information is not to be referenced.

“If he/she were MY child….”

Do not cross that line! Your students are your students, not your

children.

Your role is special education teacher. Make professional statements, do not voice personal opinions.

“Confidentially speaking…”

So you think some things are off the record? Do you not watch the news?

Anything that is stated can, and probably will, be repeated at an inopportune time.

Keep your role strictly professional.

“Off the record…”

A variation of Comment #9…

You are a representative of Loudoun County Public Schools 24/7.

Nothing is ever off the record.

“I could lose my job for saying this…”

This statement could become a self-fulfilling

prophecy.

Learn how to deal with issues, disagreements and frustrations appropriately. Take time to think before you speak!

“I don’t provide that accommodation in my class.”

Has everyone who needs to review the student’s IEP done so and signed the access form?

Accommodations are student-specific, not teacher-specific. Non-compliance is not a good choice for any teacher to make.

“Oh, does your child have a disability? He seems just like all the other students in my class.”

Engage brain, then open mouth.

Special education students, like all other students, are children first. Think how boring life would be if we or they were all the same. Talk to your general education counterparts before meetings.

“ We all met yesterday after school to decide what would be on Johnny’s IEP. We just need you to sign it right here.”

Reread the words, “Draft until signed…”

Decisions cannot be made without all the members of the IEP TEAM present. The team must include the parent/guardian or student who has reached the age of majority.

“We don’t have the training or the expertise to implement what you have requested.”

Well, then, who does?

Table the parent’s request and reconvene the meeting when the person who can address the request can be present.

Remember to document the request in the prior written notice section of the IEP.

“ I really don’t know your child since I have only had him in class for two weeks.”

Why are you even at the meeting?

While this statement may be true, it will not give a parent confidence in any teacher’s abilities.

“I am not sure why I am at this IEP meeting since I have never met your child!”

Normally heard at an M.D.R.

Ignorance is still no excuse. Do your homework. Prepare staff who will be at your IEP meetings.

“Mr. and Mrs. Smith, let me present Johnny’s IEP to you.”

An IEP is not a gift.

“A better question, “Have you thought of any more questions or concerns about the draft IEP I sent home a week ago since we spoke on the phone (or since we exchanged emails)?”

“ I can’t possibly change my schedule to see your child that many minutes every week.”

What’s your job again?

Touch base with the related service providers prior to the IEP meeting.

LCPS is required to provide the student with the supports and services required for FAPE and to enable the student to make educational progress.

“I didn’t know I had to do that!.”

Again, what is your job? Who dropped the ball?

Words written into an IEP or other student documents such as behavior plans are not suggestions, they are legal requirements.

It is your fault if you didn’t know. You have homework, too.

“I haven’t done that… I haven’t gathered (or charted) that data… I didn’t follow the IEP, BIP or mediation

agreement...”

There is no acceptable explanation for failing to follow a student’s IEP or BIP or the terms of a mediation agreement.

If something is written into a student’s documentation and is discovered to be inappropriate, unobtainable, or no longer required, the IEP TEAM needs to reconvene.

“But I told you at the meeting (or over the telephone) that…”

Did you write it down and follow up with the parent?

If it wasn’t written down or tape recorded, it didn’t happen…

During your life and academic career, how many people have actually given up on you?

Who else have you called? LCPS has a plethora of resources. Begin by contacting your consulting teacher and your supervisor.

Your child has a disability and should not even be in Honors/Gifted/Advanced Placement classes, so I can’t possibly make that accommodation.

We are all working in a PUBLIC school system.

Talk with that teacher prior to the IEP meeting so he/she can learn more about the special education process. Explain that in many states gifted students are included in the special education population.

Accommodations and modifications are based on each student’s needs to enable him or her to make academic progress. A signed IEP is binding for all teachers of that student.

I am really at the end of my rope with your child. I have done all I can here for him at school. He needs another placement.

Ask for help before things get to this point!

Review the FBA and BIP, check your data. Consult your administrator. Contact your consulting teacher and supervisor!

Services a student receives are

determined by the IEP team. A change in placement is an IEP team decision.

Try not to make the same mistake more than once!

Ask for assistance! Document! Do any necessary damage control ASAP!

Please call or email with any questions or comments!

Elma Allen, Monitoring and Compliance Specialist 571-252-1011 elma.allen@loudoun.k12.va.us