Successfully Overcoming Special Education Deny Or Delay Tactics

Does your young child with autism need applied behavioral analysis (ABA) treatment? Are special education personnel delaying making a decision or totally denying needed educational services? This article will discuss, how you can successfully overcome deny or delay tactics, by some school personnel.

Many research studies have shown how important early intervention is for all children with disabilities. But if you waste time waiting for special education personnel to give your child the educational and related services that they need, your child’s life will be negatively affected.

Below are a few ways, to stop the deny or delay tactics, of some school personnel:

1. Make school personnel accountable for IDEA time lines. Learn about the time lines because a lot of delays that some school personnel try and get away with, are because parents do not understand the time lines, or do not make special education personnel accountable for the time lines. After you learn about the time lines are, write school personnel a letter, telling them that you know what the time lines are, and you will be holding them to the time lines.

Some things are not covered by time lines. For these I usually use 14 days. For Example: I would like a written response to my letter. I expect to receive it within 14 days. On the 15th day I write them again, and give them a shorter time frame, 5 days. If they refuse to answer my letter in writing, I would file for a state complaint. Your complaint would be, that you school district is preventing you from being an equal participant in your child’s education and Individual Education Plan (IEP) process.

2. Get an independent educational evaluation (IEE) of your child. This evaluation will give you evidence of what services your child requires. The evaluation should include, testing on academic and functional progress, educational and related services that your child needs, and what placement they require. Once you receive the in depth report from the independent evaluator, set up an IEP meeting to discuss the results. Make sure if possible, that the independent evaluator can participate in the IEP meeting by telephone. This will increase your chances of have special education personnel accept the evaluation.

3. If the school district refuses to give your child the recommended educational and related services, consider filing for a due process hearing immediately. By getting an IEE before you file for a due process hearing, you will be able to use the independent evaluators report, as evidence at a due process hearing.

Some parents wait for months, negotiating with school personnel, only to find out that the school district refuses to give the child what they need. Do not waste your child’s precious time! File for a due process now!

While due process is not an easy thing and can be adversarial, the special education personnel will continue to delay a decision, if they know that you will let them get away with it. I have heard from some parents that have waited for years, while school personnel delayed a decision.

By using these advocacy strategies you will be stopping the deny or delay tactics, of some special education personnel. Remember all the time that you waste, waiting for a decision on whether needed services are going to be given to your child, will negatively affect your child’s life. Keep up the fight!