Legal Briefs from Matt Cohen
The following are past questions and answers from Matt Cohen on this topic.
I have a 13-year-old daughter who is in the eighth grade and suffers from the following: OCD, Pervasive Developmental Disorder (autistic spectrum), avoidant and dependent personality, and psychosocial environmental problems. I was notified by the seventh grade counselor last year that they feel that my daughter needed to most likely be put on an IEP or 504 plan. So after getting her re-evaluated with the above disorders, I went to the eighth grade counselor to discuss what the process would be to get something started for her. I tried in elementary school to get some type of plan in place for her, but the school just brushed me and my daughter aside.
The eighth grade counselor keeps stating that my daughter may qualify for 504 but not IEP because her grades are good. But since the counselor is new to the school, she needs to find out from the seventh grade teachers why she was dropped a level in seventh grade (college prep to lower college prep with assistance). She is not a disruptive person in school and keeps to herself and does all her school work at her own pace (not the pace the teachers would like). Her grades are As and Bs, but she suffers severely on time-managed tests such as state tests, etc. I do know that her OCD prohibits her from moving faster. What should I do?
Schools are required to consider but are not obligated to follow the findings and recommendations of outside evaluators, so your private report is helpful but does not automatically entitle your daughter to eligibility. More importantly, the IDEA provides that schools must address all disabilities that impact the child's functioning at school, both academically, developmentally, and functionally.
Even though she is academically successful, that is not a basis by itself for denying eligibility if she has other problems that are impacting her school functioning (and her academics as well). From what you describe, it would appear that her disabilities are impacting her functioning in a variety of ways and may be causing sufficient difficulties for her that she could qualify for an IEP. Even if she didn't qualify for an IEP, there would be an even stronger argument for her eligibility for a 504 plan.
My 16-year-old daughter has had sensory processing disorder for many years but was recently reevaluated for that and also diagnosed with auditory processing disorders and ADHD. We have had team meetings with her teachers, counselor, and the school psychologist, but the school has denied us either a 504 or an IEP because they believe she is doing too well academically to need them. I know that IDEA requires that students be below grade level to some degree, but I thought that section 504 applied even if a student was succeeding in school. I also thought that impairment in hearing and concentrating (ADHD) counted as disabilities under section 504. Shouldn't she be able to receive accommodations from the school district for her disabilities even if she's doing well academically?
You are partly correct in relation to each point, but also partly wrong in relation to each. See some of my prior answers in other months about the differing eligibility standards for special education and Section 504 plans. Academic problems are not the only basis for eligibility under either law. A student could be doing well academically under either and still be eligible under either, due to problems with social skills, behavior, organizational skills, or other issues. However, both laws require that the problem have a significant impact on the child's functioning. Each also requires that the student needs some form of intervention to address the disability and its impact. The difference is that to be eligible for special ed (an IEP), the student must require some form of special education instruction, whereas to be eligible for a Section 504 plan, a student can be eligible based solely on the need for related services or accommodations.
My son was diagnosed with PDD-NOS (Pervasive Developmental Disorder — Not Otherwise Specified) when he was 5. He is now 8 and has been re-diagnosed with ADHD/ODD (oppositional defiant disorder). The school keeps telling us that his IEP is no longer valid because he does not "need" a specialized program since all of his accommodations can fall under a 504 plan. We've had a bit of a contentious relationship with this school, and things that we have asked for (e.g., an FBA-functional behavioral assessment) have not been done. The school keeps pushing for a 504, but I am worried that going to a 504 will eliminate, or limit, our rights to request special accommodations. I don't know if a 504 plan could be adequately individualized for my son. I'm wondering what my rights are in this situation and wondering what steps I should take to keep my child on their IEP.
First, there are many situations where a student may qualify for either an IEP or a Section 504 plan. The decision as to which should be used should be made on an individualized basis. Further, often, children with PDD-NOS and/or ADHD do need an IEP, even if much of the intervention is based on accommodations. Certainly, children with these diagnoses have skills deficits that need remediation, justifying having goals, objectives and specific strategies or interventions to assist them in developing these skills. While schools may use the IEP format to write a 504 plan, most schools do not do so. Rather, their 504 plans are often focused on accommodations and not on plans for how the child will develop needed skills and how the child's progress will be monitored.
If your child is already on an IEP, the school must convene a meeting to decide to terminate special education eligibility. If you request a due process hearing immediately after this decision, the school must maintain your child's eligibility and previously provided services until the issue is resolved.
We had an IEP for a 6-year-old child who had not yet attended kindergarten. The child was found eligible for special education services, and we held an IEP meeting. During the meeting, it was determined by all professionals on the team that the child should be enrolled in kindergarten with an aid, despite his age. The parents were not given an IEP report but were told to come in to school the next day to enroll the child in kindergarten. Parents were given an IEP the next day, but it did not mention grade placement. Subsequently, the parents were told that the child could not be enrolled in kindergarten because he was 6 years old and had to enroll in first grade, regardless of his "special circumstances".
I'm wondering… is there a way the school can change the determination of the IEP without the parents, without breaking the law? And is there any precedent in past cases of a 6 year old being placed in kindergarten rather than 1st grade?
First, generally, the issue of promotion and grade level placement is not automatically viewed as an IEP issue by most school districts. You should check your state's laws to see if it addresses minimum/maximum ages for participation in kindergarten and enrollment in first grade. Sometimes, this issue is addressed in district policy, rather than state law. If this is the case, the IEP more clearly supercedes any limiting policy. In your situation, the problem is further complicated because the staff apparently supported placement in kindergarten, but the person writing the IEP document didn't write that in it.
Although it is legally permissible to change any IEP outside of the IEP meeting, this can only be done in writing and with mutual consent of the parents and the school staff. However, because the grade level issue was not written into the IEP, the school administration will likely take the position that it is an administrative issue and wasn't even addressed in the IEP. It would be helpful for you if the participating staff is willing to confirm that they agreed that the child should be in kindergarten, but it may be difficult to get that documented in writing. In all likelihood, the parents will need knowledgeable legal help to assess the situation and determine their legal position. In either event, getting documentation of what the team actually agreed to, versus what was written subsequently, would be very important.
Our son has ADHD and other emotional issues. He has a personal paraprofessional with him all day to keep him on task and for his safety issues (i.e., wandering off, no fear). The school sent us a notice of action to take his paraprofessional away. All the reason they gave us was that his teachers and paraprofessionals say that he could succeed in school most of the time. It is a safety issue for us most of all, so we brought letters from doctors, therapists, and social workers to back up our reasoning. Our letters were ignored, and at the IEP meeting our concerns were tossed aside like we didn't have a say. We had an advocate at the meeting who was surprised by their decision; they had a consultant at the meeting who works for a special ed law firm. We were out-gunned and are wondering: how do parents stand a chance against this kind of presence?
Your question addresses the school's decision to remove the 1-1 aide for your son with ADHD. Your question raises a number of important issues.
First, schools are required to consider input from parents and their outside experts or consultants. This does not mean the school is bound to follow their decision but must give it serious consideration and provide reasons for why they are disagreeing or not following the outside advice.
Second, it appears that the school gave you notice of the decision prior to the IEP meeting and did not give serious consideration to your input at the meeting. This may indicate two separate legal problems. One is that schools are not supposed to pre-determine the decisions that are supposed to be discussed at the IEP meeting. If they informed you of the decision prior to the meeting, it would appear that the IEP discussion was a sham. In addition, parents are supposed to be given a "meaningful opportunity" for participation in the IEP process. While you did not provide details, if you can show that the school was unwilling to even seriously discuss your concerns and those of your clinicians, there is an argument that you did not have a meaningful opportunity to participate.
Finally, you have the right to request a due process hearing to challenge the school's decision. Your question didn't say when the meeting took place; and by the time this answer is published, it will surely have been many weeks ago. Under the special education law, if you request a due process hearing within the time specified by state law after the decision to change placement or services (typically 10-14 days), the school is required to keep the program or service in place while the due process dispute is being resolved, including any time the due process decision is being appealed to court (in other words, at least months, and possibly longer). This is called the "stay put placement" rule. It is likely that you are beyond the legal period for filing a hearing in time to automatically trigger the "stay put" rule. However, you still have the right to file a request for hearing and challenge the decision. In addition, there are some circumstances where hearing officers may decide that if the request for hearing is filed before the change is implemented, the "stay put" rule applies, even if the request for a hearing wasn't filed within the initial Notice of Change of Placement period. You should seek consultation from a knowledgeable special education attorney to seek assistance with this issue.
I teach special education in Nevada, and today we held an IEP meeting that lasted hours. The meeting lasted long because the parents had concerns because we were changing their son's placement. I wanted to be sure the parents understood, and so I carefully reviewed their questions, etc. I felt they and their child deserved to have as much time as they needed for this important meeting. I was reprimanded by my administration, who said that IEP meetings must be short. What does the law say on this? Shouldn't parents be allowed enough time and opportunity to understand the process and what they are agreeing to?
Dear Carrie:
There is no legal basis to arbitrarily limit the length of time of an IEP meeting. If the time constraints of the school necessitate ending a meeting without enough time being available for the meeting to be properly conducted or for legitimate discussion by staff and/or parents to take place, the meeting should be adjourned but rescheduled at a mutually convenient time and place to allow the IEP team to adequately conduct its work.
The law is clear that parents must be given a "meaningful opportunity" for participation in the IEP process. While this is subjective, it appears that you felt that the parents' questions and concerns were legitimate and justified further discussion. As such, it would seem that more time was needed for them to have a "meaningful opportunity" to have their concerns addressed. As for your effort to achieve this, schools should not punish or reprimand school staff for following IDEA procedures or for attempting to raise appropriate concerns about the process or the needs of the child. In fact, a recent court decision ruled that a teacher was improperly punished for attempting to insure that the rights of the students and parents were being properly protected.
Hi Mr. Cohen,
We have a 9-year-old daughter with many issues — she has ADHD, Tourette's, OCD, a specific learning disability in listening, extreme anxiety, and a new diagnosis of bipolar disorder.
Despite all this, she is extremely bright, and it has taken several years for the public school system to acknowledge her issues. She has an IEP under the categories of other health impairment and specific LD.
Last month school became too stressful for her, and the psychiatrist decided (with us, her parents) to remove her from school and let her have homebound schooling provided by the district. A new IEP meeting was convened, with all present agreeing to provide her with 15 hours per week of homebound services. That amount was ordered by her doctor.
Present at the meeting were the parents, both the special ed and regular ed teachers, and the special ed coordinator, all of whom agreed to the 15 hours. We have this meeting on tape.
This past week, the parent coordinator called to tell us the services would only be provided for three hours. The school did not provide written notice of this, just a phone call. Also, they did not amend the previous IEP with the new placement, even after we requested an updated IEP. We have protested by phone and via email saying that we do not agree with the reduction in hours, and still want the 15 promised.
My question is, can they legally be required to provide 15 hours? How can we get them to honor their commitment made at the IEP meeting? This is not FAPE. Please help us!
Dear Leigh:
States have differing requirements for the minimum level of services required for homebound instruction as a matter of law. You should check your state's special education rules to determine this.
However, if the school wrote an IEP providing for 15 hours a week of service and an administrator changed this after the fact, this is a unilateral change of service without an IEP meeting or your participation. You should immediately consult a knowledgeable special education advocate or attorney and may need to file a due process hearing immediately in order to block the change in service levels.
As you did not receive prior written notice, you may also be able to force a return to the promised levels on the basis of "stay put" placement, even if some time has passed since this unilateral change was implemented. Again, you need legal consultation to follow up on this.
Can my son who attends private school have access to an IEP and LD reading resources at the public school in our district?
Dear Laurie,
Voluntarily enrolled private students have the right to be evaluated by the public school to determine if they have a disability. If so, the school may offer them a "service plan," though the public school has lots of discretion about what services they offer to private school students.
If you wish to have an IEP to be implemented by the public school at the public school on a part time basis, you may request this, but the public school is not obligated to accommodate the scheduling and other issues that may be most workable for your student in relation to their participation at the private school.
Is it appropriate to have a pre-IEP meeting, where teaching staff meet with the special education teacher (no parent involved) to discuss the student's progress with goals and to determine whether the student deserves a diploma?
Dear Ken:
School staff are allowed to meet prior to an IEP meeting and discuss the student's progress, draft proposed goals, and consider options. They are not allowed to predetermine the content, placement, or outcome of the IEP and must have an open and full discussion, including reasonable opportunity for input from you and open consideration of your concerns.
Unfortunately, it is sometimes the case that the pre-meeting does result in a pre-determination in fact, but that is hard to prove. Things to look for include the refusal to give you a chance for input, refusal to consider your input, failure to discuss options other than those previously discussed in private by the team, etc.
Dear Mr. Cohen,
My son is 15 years old and in tenth grade. He has been on an IEP for LD/ADHD since first grade. He still has not reached his grade level in reading. He is having problems in math, which was his strong point in elementary and middle school.
All of his state-required test scores are below-level. He's not committed to or focused on his academics. He is always getting into trouble and the school is always calling me with negative reports. He's not on medication; he states it makes him depressed so we discontinued it and the doctor agreed.
My question is, what are my legal rights in terms of putting him into a private school and the state paying for his education? Our property taxes are very high for education here in Georgia. The public school system here is not good, in my opinion, and I feel he is falling between the cracks. It seems they are pushing him along with the No Child Left Behind Act.
I have tried putting him in another high school and was denied the transfer. He is on a block schedule and that is not working out for him. We have IEP meetings and we've set goals and have all these resources and my son is still failing classes.
I feel I have done all I can for him but I will not give up on my son's education. How can I get any financial support for putting my child in a private school, and, if possible, a military academy? Thank you.
Dear Janet;
I think you need good legal help. If you go to the COPAA search engine, you will find there are a number of excellent special education/disability lawyers in Georgia.
Among other things, it sounds like your son's evaluations and program are inadequate. There are circumstances where private school funding may be the responsibility of the public school. However, it is unlikely that a military academy would qualify.
In addition, there are very important rules requiring that you give notice to the public school of your intention to place your child in the private school because the public school is not providing a free appropriate public education and you want the public school to pay for it. This notice should be given to the public school in writing at least 10 business days prior to making the placement.
My daughter is a senior and she was diagnosed with a learning disability at the end of 2006. Her IEP was written by the school and although most teachers honor it, for some reason we always run into issues with the math teachers. My daughter is really behind in math and reading.
Her IEP says she has extended time for testing but her math teacher will only allow her to finish pages that she has not started. The teacher states that my daughter is not allowed to go back to the other pages. If you have extended time you should be able to utilize the rest of your time taking the test however you like.
It just seems like the teacher is reluctant to honor the IEP. I spoke to the IEP team about the teacher and the response was, "Oh she is an excellent teacher."
This is really difficult for me to understand. It seems as though there is something completely wrong with this picture.
Dear Chalina:
Teachers do not have the option to selectively implement IEP accommodations, whether they are good teachers or not.
As a first step, you might try to add language to the IEP to clarify exactly how the extended time is supposed to work and that it is supposed to be provided in math, as well as other courses. This would eliminate any potential for ambiguity. You may also consider going to administrators in the school or school district to express your concerns, as the IEP team may not be able to address the issue or feel comfortable doing so.
If those steps are unsuccessful, you also have the options of filing a request for mediation or a due process hearing, filing a compliance complaint with the state department of education, or filing a complaint with the Office for Civil Rights.
Who can provide IEP minutes besides the special education teacher in a resource program? Can a teacher's assistant service IEP minutes with direction from the special ed teacher? What is the difference between direct minutes and supplementary minutes?
Thank you!
Dear Lavonne:
As a general matter, the duties of teachers versus paraprofessionals are spelled out in state law. However, under both NCLB and IDEA, instruction must be provided by highly qualified teachers that meet state standards for teachers. Paraprofessionals may assist the teacher and student under the supervision of the teacher, but should not provide ongoing direct instruction themselves, particularly without direct ongoing involvement by the teacher.
If the IEP specifies a certain number of instructional minutes by a teacher, those minutes should be provided by the teacher.
Dear Mr. Cohen,
My son's middle school failed adequate yearly progress three years straight. He has an IEP, and a diagnosis of Asperger's.
I have identified a school in a nearby town that specializes in educating children like my son. I have requested placement on the grounds that the school did not meet the NCLB criteria, and that he has not shown progress as he should. However, the school is denying me the ability to send my child out of district, stating NCLB does not apply to IEP/special education, and that I can only send my son to "another school" if and only if there exists another school within our district.
My question: How does NCLB apply to IEP/IDEA and FAPE? If my school did not meet NCLB, do I have a right to send my child out of district to another school that performs better, especially one that specializes in educating children with Asperger's?
Dear Dawn:
Under NCLB, there are circumstances where students at a school that is consistently failing to make adequate yearly progress can request transfer to a school that is meeting state guidelines. However, the transfer to an adequately performing school would be based on the overall school failure and would allow transfer to an adequately performing school. It would not trigger an automatic right to transfer to the school with the program for children with Asperger's.
On the other hand, if your child is not making adequate progress on his IEP on a consistent basis, the school is obligated to provide your child with an appropriate education. If that can't be accomplished at the current school, they are obligated to provide a program that does, whether within the district, or, if not available in the district, potentially in another public or private school outside the district.
The right to placement in a special program under IDEA due to the child's inability to receive an appropriate education is not limited or governed by the transfer provisions of NCLB.
I work with kids with special needs in grades K-8. When a child is exited from an IEP, parents often see this as a good thing intellectually, but emotionally they feel frightened.
"Where is my support system going?" they wonder, and, "What will I do now that I have no legal recourse?"
Do you have resources or suggestions for helping the parents transition?
Your question addresses parental concerns about the absence of a safety net when their child's special education eligibility is being terminated because the child has made adequate progress.
First, it is possible for a student that is making good progress and functioning at a level suggesting special education may no longer be needed to have an IEP that gradually reduces the level of service prior to formal termination. This can reduce the risk that the student goes from a needed level of support to no support and suffers regression or other problems as a result.
Another option for students in these situations is for the student to shift from an IEP to a 504 plan as an interim measure. This also allows for some greater degree of protection and/or attention as the student shifts from a higher level of special education service to regular services.
Finally, in many schools, a student should be able to receive a variety of study supports and other accommodations available to regular education students, even in the absence of formal special education eligibility or 504 status. In addition, if the student begins to experience serious problems after eligibility is terminated, the parents can request that the child be reevaluated for renewed special education or Section 504 eligibility.
My daughter has a learning disability in math. She has an IEP that addresses this. She failed math this last school year so she went to summer school and I was told she was failing math there. I mentioned to the teacher that she has an IEP and was told that they did not have to address the IEP during the summer because they have a skeleton crew and don't have adequate staff. Can you please let me know if this is legal? They have failed her in school because they would not provide her help.
Dear Stephanie:
First, if a child is not making adequate progress and loses progress during breaks, he/she is entitled to receive extended school year services over the summer to address the disability. These services should be spelled out in the IEP and should be sufficient to allow the child to make progress.
Even if your daughter was in regular math class, if she has an IEP due to her math disability, it would be likely that she would be entitled to accommodations and other assistance to help her with the math in the regular summer school program.
Further, given that she has an IEP, you should question the adequacy of her math instruction during the regular school year, as the IEP should be designed so that she will make progress. If she is failing, that is an IEP issue, and the IEP team should determine why she is failing and what is needed in order to allow her to make adequate progress.
I have been teaching for 39 years. I am currently teaching special education in South Carolina (it's my third year in the district).
For the past two years I have been teaching in a self-contained cross-categorical classroom (Tier III). I have used my background experience, knowledge, and personal funding to implement programming that has had very compelling test results.
I have not been using the programs required by the district that have already failed the students. This has resulted in a power struggle with district office and this school year I will be required to teach the district required programs. I have made every effort to work with district office and building administration to prevent certain failure for my students. As the district can require me to teach what they may, I want to know what data or avenue would best support myself and parents to provide the programming that will best meet the needs of the students.
How should this best be addressed with the least impact on the students? Would you please be specific to NCLB and IDEA? Thank you.
Richard
Dear Richard:
Your question addresses how to address the school administration's requirement that you teach students with disabilities using a curriculum or methodologies that have not been effective for them.
Under both No Child Left Behind, which applies to all students, and the IDEA, which applies specifically to students in special education, the schools are required to provide peer-reviewed, scientifically-validated instructional programs to the extent practicable. Equally important, under the IDEA, schools are required to provide specialized instruction, including adapting as necessary, the method, content, and mode of delivery of instruction to assure that the student's program is reasonably calculated to provide the student with a free appropriate education.
Assuming you have data on the ineffectiveness of the school's program (and the effectiveness of your methods), you could potentially file a complaint with the Office for Civil Rights for a violation of Section 504 (which also requires the provision of FAPE), you could file a complaint with the state education agency, or you could share information with the parents of your students to inform them about this information and their right to request a special education due process hearing.
You may also conceivably have a right to a grievance through your collective bargaining agreement, but that would depend on the language of the agreement. However, you may wish to get legal counsel before taking any steps that would lead to a dispute with the school administration.
How should a school be documenting accommodations or modifications that affect a student's grades? Should they be noted on report cards/permanent records?
Dear Debbie:
When a school is providing accommodations or modifications that affect a student's grades, these accommodations should be noted in the student's IEP or Section 504 plan. As a general matter, however, school are not supposed to share information on a transcript or a diploma that has the effect of disclosing that the student has a disability or flagging him/her as a special education student, unless the educational program has been modified to such an extent that the student is not receiving a regular diploma.
My 9-year-old son has autism and is in an out-of-district placement. We live in a bad district for students with autism, so I fight to keep him out-of-district.
He's now the highest-functioning student in his class. My district keeps ignoring my request to have his paperwork sent to a school that is teaching more appropriate reading and math.
There was very little improvement from when he was reevaluated last October — almost no gain. How can I make them send his paperwork to other schools that may be willing to accept him? I don't want to wait until next October for reevaluation, but want him possibly setup for a new school if they have availability in September.
—Audra
Dear Audra:
The primary legal issue in any dispute over the adequacy of a special education placement, whether in the school district, in an adjacent public school district, or in a public school funded placement in a private special education school, is whether the placement is providing the student with a free appropriate public education (FAPE).
You have raised a variety of concerns indicating that your child is not receiving an appropriate education and that there is an appropriate education available in other schools. The school district is obligated to show that the program offered provides FAPE, including that the program is based on scientific peer-reviewed research to the extent practicable.
Unfortunately, because the legal standard for FAPE requires that the program be reasonably calculated to allow the student to make meaningful progress, but not the most progress, schools can often argue that they are providing FAPE, even if the program is much less effective than other options.
At the outset, you may want to ask the school for information that supports that the program they are providing is a research-based program. Beyond that, you may need to gather information that documents that your child is making little or no progress, particularly in comparison to what he may be able to accomplish, taking into account his disability.
It may also be helpful to obtain outside clinical evaluations of your student, particularly psycho-educational evaluations, to determine if your child is making appropriate progress and to evaluate whether the school's program is adequate to address your child’s needs.
As part of this evaluation, it would be important for the clinician to review school testing, IEPs, and progress reports and, if possible, to actually observe the student in the class.
My son is 9 years old and is in special education. His IEP states that he will not take math, science, or social studies. I would like to know if this is the process for all children who have difficulty learning to read.
The special ed teacher told me that her students never learn to read over a fourth grade level. I asked if he was mentally retarded and if that is why he won't have a successful school education. They told me it is possible. But at home we find that he has the ability to learn and remember things as long as we explain it to him.
His problem is reading and most of the schoolwork requires that he read but he cannot retain what he reads. If he doesn't have MR then why would they keep him from "fun" subjects like science and math? Those are things he likes. In the regular classroom they say he requires too much teacher time because they have to explain things and read him directions.
I am so confused and even if he is never a good reader there are many other ways to teach.
—Lorraine
Dear Lorraine:
First, if you have questions or disagreements with the school about your child's disability label, level of functioning, or capability of learning, or the reasons that he may not be making appropriate progress, you may want to consider either requesting a reevaluation from the school district or seeking a private psycho-educational evaluation.
I am also concerned about any statement by a teacher that his/her students "never learn to read over a fourth grade level." Even children with severe disabilities are sometimes capable of learning beyond expectations.
If a student is not severely cognitively impaired, such statements or limitations are especially inappropriate and often establish self-fulfilling prophecies. Each student's educational program should be individualized based on his/her needs and capabilities. A one-size-fits-all rule is not consistent with the requirements of IDEA or Section 504.
In addition, students should not be excluded from academic subjects by rule or practice. This also must be individualized. In fact, students should be mainstreamed to the maximum extent appropriate, including the provision of supplemental aides and supports to the extent necessary to allow the child to be successful.
Unfortunately, in this difficult economic period, budget concerns are becoming a bigger factor in many schools' decisions about placement and services. Despite this, the IDEA still requires individualized programming in the least restrictive environment appropriate to the student, including use of supplementary help to facilitate participation in regular education.
Are there any court decisions out there on the issue of whether a parent has the right to a "written transcript" of a recorded IEP meeting? Or is it left up to each party to transcribe a recording? How can a parent get a transcript instead of just an audio copy?
Dear Julia:
As a general matter, you have a right to a copy of whatever means of record keeping was used at the IEP meeting. Your right to the tape is because it is a part of your child's school record, not because there is a special rule entitling you to a written transcript of the recording of the meeting.
However, you should consult your state's special education and privacy/taping laws and regulations to see if there are any state-specific rules in this regard.