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A publication of the National Dissemination Center for Children with Disabilities

Throughout your childsschool years, there is alwaysa need to communicate withthe schools teachers,administrators, and others

concerned with your childseducation. There are also times

when the school needs to communi-cate with you. This is particularly true when yourchild has a disability and is receiving specialeducation services. Some of this communication isinformal, such as phone calls, comments in yourchilds notebook, a chat when picking your child upfrom school or at a school function. Other forms ofcommunication are more formal and need to be

written down.

Letters provide both you and the school with arecord of ideas, concerns, and suggestions. Putting

your thoughts on paper gives you the opportunityto take as long as you need to:

state your concerns,

think over what youve written,

make changes, and

have someone else read over the letter and makesuggestions.

Letters also give people the opportunity to goover whats been suggested or discussed. A lot ofconfusion and misunderstanding can be avoided by

writing down thoughts and ideas.

However, writing letters is a skill. Each letter youwrite will differ according to the situation, theperson to whom you are writing, and the issues youare discussing. ThisParents Guide will help you in

writing to the professionals involved in your childsspecial education.

Communicating with

Your Childs School

Through LLLLLetter Writing

is theNational Dissemination Centerfor Children with Disabilities.

NICHCY1825 Connecticut Avenue N.W.

Washington, DC 200091.800.695.0285 (Voice / TTY)202.884.8200 (Voice / TTY)

[email protected]://nichcy.org

A Parents Guide3rd edition, January 2011

Note: The term parent is used throughoutthis Parents Guide to include natural or adop-tive parents, foster parents, surrogate parents,legal guardians, or any primary caregiver whois acting in the role of a parent.

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NICHCY: http://nichcy.org 2 Communicating through Letter Writing (PA9)

Background Information

The Individuals with Disabilities

Education Act (IDEA)

The Individuals with Disabilities Education Act(IDEA) is our nations federal special education law.Under the IDEA, children and youth with disabilitiesare entitled to a free appropriate public education, alsocalled FAPE.

Using the IDEA as a guideline, each state developsrules on how special education services will be pro-

vided to children with disabilities. Each local publicschool district in every state develops its own policiesbased on the federal and state regulations. Some statesgive parents more rights and protections than are in thefederal law, so its important for you to know about

your states special education regulations. Informationon how you can get copies of federal, state, and local

special education regulations is provided at the end ofthis Parents Guide.

Under IDEA, each child receiving special educationservices must have an Individualized Education Pro-gram (IEP). The IEP is a written document that theschool and parents develop together. Among otherthings, the IEP:

describes the childs needs, and

lists the services that he or she will receive.

A flow chart on the next pages shows how thespecial education process works, beginning withI think my child may have a problem and ending

with the services that are provided to your child. Ifyour child is receiving special education services, therewill be times you will need to write to your childsschool. This Parents Guideprovides examples of letters

you may want to writesee the list on the right.

Start, Student Records, Follow-upIssues 1-4, with Sample Letters

1. Discuss a problem

2. Request a copy of your childs records

3. Write a follow-up letter

4. Give positive feedback

Evaluation, IEPs, PlacementIssues 5-9, with Sample Letters

5. Request an evaluation for specialeducation services

6. Request an independent evaluation

7. Request a meeting to review your childsIndividualized Education Program (IEP)

8. Request that your childs placement bechanged

9. Let the school know that you intend toplace your child in a private school atpublic expense

Invoke Safeguards to Resolve DisputesIssues 10-13, with Sample Letters

10. Request that the school give you notice ofits intended actions or refusal to take anaction (called prior written notice)

11. Request mediation when you and theschool dont agree

12. Request a due process hearing when youand the school dont agree

13. File a complaint with the State

The sample letters in this guide are

organized into groups according to the

occasions when you might want to write

them.

This publication is copyright free. Readers are encouraged to copy and share it, but please credit NICHCY. Its publication is madepossible through a Cooperative Agreement between FHI 360 and the Office of Special Education Programs of the U.S. Depart-ment of Education. The contents of this document do not necessarily reflect the views or policies of the Department of Educa-tion, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.

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Communicating through Letter Writing (PA9) 3 NICHCY: http://nichcy.org

Child is identified aspossibly needing specialeducation and relatedservices.

Child Find. The state must identify, locate, and evaluate allchildren with disabilities in the state who need special educa-tion and related services. To do so, states conduct ChildFind activities. A child may be identified by Child Find,and parents may be asked if the Child Find system canevaluate their child. Parents may also call the Child Findsystem and ask that their child be evaluated. Or

Referral or request for evaluation. A school professional mayask that a child be evaluated to see if he or she has a disabil-ity. Parents may also contact the childs teacher or otherschool professional to ask that their child be evaluated. This

request may be verbal or in writing. Parental consent isneeded before the child may be evaluated. Evaluation needsto be completed within 60 days of the parent giving consent.(If the state has an established timeframe for completingevaluations, its timeframe is used instead.)

Child is evaluated.The evaluation must assess the child in all areas related to thechilds suspected disability. The evaluation results will be usedto decide the childs eligibility for special education andrelated services and to make decisions about an appropriateeducational program for the child. If the parents disagree with

the evaluation, they have the right to take their child for anIndependent Educational Evaluation (IEE). They can ask thatthe school system pay for this IEE.

Eligibility is decided.A group of qualified professionals and the parents look at thechilds evaluation results. Together, they decide if the child is achild with a disability, as defined by IDEA. Parents may askfor a hearing to challenge the eligibility decision.

Child is found eligiblefor services.

If the child is found to be a child with a disability, asdefined by IDEA, he or she is eligible for special educationand related services. Within 30 calendar days after a child isdetermined eligible, the IEP team must meet to write an IEPfor the child.

Heres a brief look at how a student is identified as having a disability and needing special education andrelated services.

The Basic Special Education Process under IDEA 2004

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IEP meeting is scheduled. The school system schedules and conducts the IEP meeting.School staff must:

contact the participants, including the parents;

notify parents early enough to make sure they have anopportunity to attend;

schedule the meeting at a time and place agreeable toparents and the school;

tell the parents the purpose, time, and location of themeeting;

tell the parents who will be attending; and

tell the parents that they may invite people to the meetingwho have knowledge or special expertise about the child.

IEP meeting is heldand the IEP is written.

The IEP team gathers to talk about the childs needs and writethe students IEP. Parents and the student (when appropriate)are part of the team. If the childs placement is decided by adifferent group, the parents must be part of that group as well.

Before the school system may provide special education and

related services to the child for the first time, the parents mustgive consent. The child begins to receive services as soon aspossible after the IEP is written and this consent is given.

If the parents do not agree with the IEP and placement, theymay discuss their concerns with other members of the IEPteam and try to work out an agreement. If they still disagree,parents can ask for mediation, or the school may offer media-tion. Parents may file a complaint with the state educationagency and may request a due process hearing, at which timemediation must be available.

Once the student has been found eligible for services, the IEP must be written. The two steps belowsummarize what is involved in writing the IEP.

The Basic Special Education Process under IDEA 2004 (cont.)

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Services are provided.The school makes sure that the childs IEP is being carried outas it was written. Parents are given a copy of the IEP. Each ofthe childs teachers and service providers has access to the IEPand knows his or her specific responsibilities for carrying outthe IEP. This includes the accommodations, modifications,and supports that must be provided to the child, in keeping

with the IEP.

IEP is reviewed.The childs IEP is reviewed by the IEP team at least once ayear, or more often if the parents or school ask for a review. Ifnecessary, the IEP is revised. Parents, as team members, mustbe invited to attend these meetings. Parents can make sugges-tions for changes, can agree or disagree with the IEP goals,

and agree or disagree with the placement.

If parents do not agree with the IEP and placement, they maydiscuss their concerns with other members of the IEP teamand try to work out an agreement. There are several options,including additional testing, an independent evaluation, orasking for mediation or a due process hearing. They may alsofile a complaint with the state education agency.

Progress is measured andreported to parents.

The childs progress toward the annual goals is measured, asstated in the IEP. His or her parents are periodically informed

of their childs progress toward achieving the annual goals(such as through the use of quarterly or other periodicreports, perhaps issued at the same time as report cards).

Here is a brief summary of what happens afterthe IEP is written.

Child is reevaluated. At least every three years the child must be reevaluated, unlessparents and the school system agree that a reevaluation is notnecessary. The purpose of the reevaluation is to find out if thechild continues to be a child with a disability, as defined byIDEA, and what the childs educational needs are. Parentsmust give their consent for their childs reevaluation.

A child may be reevaluated more often if conditions warrantor if the childs parent or teacher asks for a new evaluation.

The Basic Special Education Process under IDEA 2004 (cont.)

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As was said in Part A, each stateand school district has its ownguidelines for special education.

These guidelines tell you about thedifferent steps, rights, and responsi-

bilities in the special educationprocess. Call the main office at your

childs school and ask for a copy of yourdistricts written guidelines. Also:

Put all your requests in writing, even ifits not required by your school district.

A letter or email avoids confusion andprovides everyone with a record of yourrequest.

Always, always, always keep a copy of

each letter or email you send. Its usefulto have a folder just to store copies ofthese letters or emails.

How long will it take to get an answerto my letter or email?

Some special education guidelines givethe amount of time a school has to respondto a parents request, some dont. The IDEAsays that schools must respond in a timelymanner or within a reasonable period of

time. Some states and districts actuallydefine this period by a certain number ofdays. To find out what is true in your area,check your state and local regulations.

If you have not heard from theschool within 10 working days of

sending your letter or email, phonethe office to make sure the schoolreceived your communication.Ask when you can expect ananswer. If you have asked for a

meeting or other services thatrequire coordinating with severalother people, it may take some

time to do this. However, it isreasonable for the school to let you

know that your request is beingworked on.

If you need a letter answered in less thanten working days (for instance, if you aremoving or have other urgent reasons), let

the school know that you have sentor aredeliveringa letter and need a response assoon as possible (or by a specific date).

That way, the staff can try to get you aquick response.

To whom do I send my letter?

Many letters will go to your childsteacher. You will send others to the schoolprincipal. In some instances, the letter mayneed to go to the local Director of SpecialEducation or other administrator. Call thepersons office to make sure of the spellingof his or her name and the correct mailingaddress.

Some school districts handle specialeducation requests at the local school level.Other districts assign this job to differentadministrative people who dont work rightin your childs school building. If you arenot sure to whom to send your letter, orcannot get good information on who to

write, you can always send your letter to theprincipal. If the principal is not the onedirectly responsible for answering yourrequest, he or she still is responsible forgiving your request to the right person.

Also, send a copy of your letter to yourchilds teacher, so that he or she will beaware of what is going on and know of

your concerns.

In general, what do I say in my letter?

When writing any business letter, it isimportant to keep it short and to the point.First, start by asking yourself the followingquestions and state the answers in yourletter:

Why am I writing?

What are my specific concerns?

What are my questions?

What would I like the person to doabout this situation?

A letter avoids

confusion and

provides everyone

with a record of

your request.

Letter Writing in General

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What sort of response do I want: a letter,a meeting, a phone call, or somethingelse?

Each letter you write should include thefollowing basic information:

Put the date on your letter.

Give your childs full name and the

name of your childs main teacher orcurrent class placement.

Say what you want, rather than whatyou dont want. Keep it simple.

Give your address and a daytime phonenumber where you can be reached.

Always end your letter with a thankyou.

What are some other tips to keep in mind?

You want to make a good impression sothat the person reading your letter willunderstand your request and say yes.Remember, this person may not know you,

your child, or your childs situation. Keepthe tone of your letter pleasant and busi-nesslike. Give the facts without letting anger,frustration, blame, or other negativeemotions creep in. Some letter-writing tipsinclude:

After you write your first draft, put theletter aside for a day or two. Then lookat it again and revise it with fresh eyes.

Read your letter as though you are theperson receiving it. Is your request clear?Have you included the important facts?Does your letter ramble on and on? Is itlikely to offend, or is the tone business-like?

Have someone else read your letter for

you. Is your reason for writing clear?Can the reader tell what you are askingfor? Would the reader say yes if he orshe received this letter? Can your letterbe improved?

Use spell check and grammar check onthe computer. Or ask someone reliableto edit your letter before you send it.

Keep a copy for your records.

Who can help me with this?

There are many people who can helpyou with letter writing and other tasksrelated to your childs special needs. Thereare disability and parent organizations inevery state that can help.

Local chapters of state, regional, and

national disability advocacy organiza-tions can work with you. Most disabil-ity organizations are concerned withissues related to a specific disabilityas well as broader issues of raisinga child with a disability. Theirmembership often includes bothparents and professionals.

Each state has a federally-fundedParent Training and InformationCenter (PTI). The PTI staff canhelp explain the laws, policies,and procedures for special educa-tion in your state. They can alsohelp with problem-solving ideas.NICHCY lists the PTIs on its StateResource Sheets, under the categoryOrganizations Especially for Parents.Find our state sheets online at: http://nichcy.org/state-organization-search-by-state

Community Parent Resource Centers(CPRCs) also serve families of children

and young adults with disabilities. Theyprovide information and training tohelp families obtain an appropriateeducation and services for their children

with disabilities. They help familiesconnect with community resources.

State agencies, like the DevelopmentalDisability (DD) Council, Protection and

Advocacy Agency (P&A), or stateDepartment of Education can also helpexplain procedures and make sugges-

tions. Youll also find these listed onNICHCYs State Resource Sheets, onlineat: http://nichcy.org/state-organization-search-by-state

Many states now fund parent resourcecenters in local school districts. Ask yourDirector of Special Education if theres alocal parent resource center in your area.

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Sample Letters

Writing to Discuss a Problem

When might I want to write to my childs school?

Sometimes your child may have a particular problem atschool. You may have talked to your childs teacher about thisconcern. The two of you may have written notes back and forthor talked on the phone. If it seems like nothing is happening toresolve your concern, then you may want to write a formal

Note:

The cc: at the bottom of theletter means you are sending acopy of your letter to the peoplelisted after the cc. If you write tothe Director of Special Educationabout a problem at your childsschool, you should copy theprincipal. If you write to the

principal about a problem, youshould copy your childs teacheror other staff involved with yourchild. This follows the chain ofcommand. It also lets peopleinvolved know your concernsand that you are taking steps toresolve these concerns.

letter. Perhaps the informal communicationhasnt been as clear as you think. Maybe

you feel that the seriousness of your con-cern isnt fully understood. By writing aletter, the school will learn that you con-

sider the matter to be an important one thatneeds to be addressed.

You can write about any concernanIEP issue, a general education issue, school-

yard bullying, or the need tohelp your childs social skillsor improve behavior. There areno rules as to the type ofproblem you can write about.

Any school problem is worthwriting about if it is having a

negative impact on your childand you need the schoolsassistance to resolve it.

Todays Date (include month, day, and year)Your Name

Street AddressCity, State, Zip Code

Daytime telephone numberName of PrincipalName of SchoolStreet AddressCity, State, Zip Code

Dear (Principals name),

In this paragraph say who you are and give your childs full nameand current class placement. Say something positive about your childssituation here, before you state your reason for writing.

BRIEFLY, explain why you are writing. Give relevanthistory and factsthat support your concerns. (For example, your 3rd grader is struggling inschool and you want to ask for help. You might say that your childsschool work has been getting worse throughout the year. That factisrelevant. Something from your childs infancy probably isnt.)

In this paragraph state what you would like to have happen or whatyou would like to see changed. You may BRIEFLY say what you wouldnotlike, or what has been tried and not worked. However, spend most ofthis paragraph saying what you want.

Say what type of response you would prefer. For instance, do youneed to meet with someone, do you want a return letter or email, or willa phone call be preferable?

Finally, give your daytime phone number and state that you lookforward to hearing from the person soon or give a date (Please respondby the 15th). End the letter with Thank you for your attention to thismatter.

Sincerely,

Your name

cc: your childs teacherother staff

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Requesting Your Childs Records

The IDEA gives you the right tolook at all of your childs educationrecords. This includes records about his orher identification, evaluation, educationalplacement, and special education program.

You also have the right to ask the school toexplain and interpret the records for you.

You may ask the school to give you a copyof your childs records. They may charge

you a reasonable fee for making a copy(but not for retrieving the records). Moredetails are available online at NICHCY:http://nichcy.org/schoolage/parental-rights/records

What might be some reasons to requestcopies of my childs school records?

School records contain valuable infor-

mation about your childs strengths andareas of need. These records can provide aformal way of communicating between theprofessionals at your childs school, you,and other professionals who may

work with your child. Here aresome reasons you might have forrequesting a copy of your childsrecords:

Reviewing records lets you besure that the records are

correct and contain all neces-sary information.

When your family is movingto a new school district,records may need to be sent.

When youre taking your childfor an independent evalua-tion, copies of past recordsmay be useful.

The records may help the staff at other programs your childattends (like camp, tutors, or in-hospital schools) designtheir activities.

Postsecondary programs may need to see copies of yourchilds records.

Its a good idea to have a copy for your home files,especially if your child is finishing school.



Daytime telephone numberName of Person to Whom You Are Writing

TitleStreet AddressCity, State, Zip Code

Dear (name),

I am writing to schedule a time to come and review all of my childsrecords. My son/daughter, (childs name), is in the (___) grade at(name of school), in (teachers name) class. I will also need copies ofsome or all of these records.

Please let me know where and when I can come in to see the records.I need these records by (date). You can reach me during the day at

(give your phone number).

I look forward to hearing from you soon. Thank you for yourassistance.

Sincerely,

Your name

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Writing a Follow-up Letter

What do I do if I dont get a response to myfirst letter?

When you have written a letter or sentan email making a request, you should geta response from the school system, either

by telephone or in writing, within a reason-able period of time. In some cases, reason-able is defined (for example, local policymay say the school must answer you within15 working days). In other cases, thetimelines are not exact. So, be reasonable in

your expectations.

But if you feel too much time has passed(10 working days or so) without receivinga response to your letter, then call and askif your letter (or email) has been received.

If you are sure the school hasreceived your letter (some parentssend their letters by certified orregistered mail), then ask when youcan expect an answer. More thanlikely, when you call you will talk toa secretary or administrative assis-tant. Leave a message for the person

you wrote to; ask that person to callyou back.

If your request still goes unan-

swered, then you may want to writeagain. Its useful to enclose a copyof your original request with thisletter. Be sure notto send your onlycopy. Remember, you always needto have a copy for your records.



Daytime telephone number

Name of Person To Whom You Originally WroteStreet AddressCity, State, Zip Code

Dear (name),

I wrote to you on (date) and also called to make sure you hadreceived my letter. I left a message for you to call me back on (date),but since I have not heard from you, I thought it best to write again.

I am writing to request . . .

Enclosed is a copy of my first letter to you.

I would like to hear from you by (give a date, 3-5 working days).Thank you for your prompt attention to this matter.

Sincerely,

Your name

Enclosure

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Name of Person to Whom You Are WritingTitleStreet Address

City, State, Zip Code

Dear (name),

I am writing to let you know how very pleased I am with the educa-tion my son/daughter, (childs name), is receiving at (name of school).

(Childs name) has had great success with (briefly say what is goingright). In particular, (name the professionals working with your childand how they have made a difference).

I look forward to (childs name) making continued progress. Thankyou for all your efforts, and those of your staff.

Sincerely,

Your name

cc: If you write to the school districts Superintendent or Director ofSpecial Education, make sure to copy the people who directlydeserve recognition for your childs successthe principal, teachers,and other staff.

Writing a Positive Feedback Letter

Once youve begun to write letters, be sure to write whenthings are going well, too! If a teacher, therapist, or other staffmember has made good things happen for your child, let themand their supervisors know. Everyone likes and needs compli-ments and encouragement from time to time. Positive feedback

is what keeps good schools running well. Just as you want toknow how its going, so doesthe school staff.

Good communication, teamwork, and effective schools takea lot of hard work. Theres anold saying that goes, Thingscan go wrong all by themselves,but you have to work hard tomake things go right. Thisstatement applies doubly to

maintaining a successful parent-professional working relation-ship. Be sure your childsteacher(s), principal, andsuperintendent also hear from

you when things are going right.

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Requesting an Initial Evaluationfor Special Education Services

When would I request an evaluation forspecial education services?

If your child has been consistentlystruggling in school, his or her problemsmay be due to a disability. If the schoolthinks your child may have a disability,they will contact you to request your

written permission to evaluate your child.Under the IDEA, you also have the right toask the school to evaluate your child. Thepurpose of the evaluation is to see if he orshe has a disability andneeds special educationservices. This evaluation isfree of charge.

For more information

on evaluation, seeNICHCYs publication,Your Childs Evaluation or

visit our evaluation pagesonline, at: http://nichcy.org/schoolage/evaluation/

Note: If your child hasbeen identified as

having a disability by

professionals outside

the school system, add

the sentence belowto

the end of the first

paragraph.

(Childs name) has

been identified as

having (name ofdisability) by (name of

professional). Enclosed

is a copy of the

report(s) I have re-

ceived that explains

(childs name) condi-

tion.

If your child has been identified by yourdoctor or other professionals as having adisability, you will want to include thisinformation in your letter to the school.

You should also provide copies of any

reports you have received that explain yourchilds condition.

If you decide to write the school and askthat your child be evaluated, heres anexample of what you may want to say.


Street Address

City, State, Zip CodeDaytime telephone number

Name of Principal or Special Education AdministratorName of SchoolStreet AddressCity, State, Zip Code

Dear (Principals or Administrators name),

I am writing to request that my son/daughter, (childs name), be evaluatedfor special education services. I am worried that (childs name) is not doing

well in school and believe he/she may need special services in order to learn.(Childs name) is in the ( _ ) grade at (name of school). (Teachers name) ishis/her teacher.

Specifically, I am worried, because (childs name) does/does not (give a fewdirect examples of your childs problems at school).

We have tried the following to help (childs name): (If you or the schoolhave done anything extra to help your child, briefly state it here).

I understand that I have to give written permission in order for (childsname) to be evaluated. Before the evaluation begins, I have some questionsabout the process that I need to have answered (list any questions you mayhave). I would be happy to talk with you about (childs name). You can sendme information or call me during the day at (daytime telephone number).

Thank you for your prompt attention to my request.

Sincerely,

Your name

cc: your childs principal (if letter is addressed to an administrator)your childs teacher(s)

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Requesting an Independent EducationalEvaluation (IEE) at Public Expense

The IDEA gives you the right to have your child evaluatedindependently. This means you have the right to have yourchild evaluated by someone other than the staff who work forthe school system. The purpose of the evaluation is to see if

your child has a disability and, if so, what his or her specialneeds are. In some cases, you may pay for an Independent

Educational Evaluation (IEE). In other cases, the school systemmay pay for it. If the school system pays for the IEE or sees thatthe IEE is done at no cost to you, this is known as an IEE atpublic expense. You can read more about IEEs online atNICHCY: http://nichcy.org/schoolage/parental-rights/iee

Why would I want to request an Independent EducationalEvaluation (IEE) at Public Expense?

Sometimes a family may feel that the results of the schoolsevaluation do not accurately describe their child. They may

want additional academic tests or medical exams. Or they may

be interested in evaluations in skill areas the school staff did not





Dear (name),

My son/daughter, (childs name), is in the ( _ ) grade at (name of school),in (teachers name) class. He/She was evaluated for special education servicesin (month/year). I am writing to request an Independent Educational Evalua-tion at public expense, for the following reasons: (BRIEFLY list your reason(s).Be very specific. For example,)

I disagree with the evaluation results because . . .

The evaluation should have included . . .

Evaluation should have been done in the area of . . .

I would like this Independent Educational Evaluation to be done as quicklyas possible so that we can fully address (childs name) needs. Please respondas soon as possible and send me copies of the schools guidelines for this. Mydaytime telephone number is (give your phone number). Thank you.

Sincerely,

Your name

cc: your childs principalyour childs teacher

test. Parents can choose to have their childtested outside the school system, for theseor other reasons.

However, if you wantthe school to payforthe IEE, you will need to make your requesBEFORE any independent testing is done.Some reasons you may want to request anindependent evaluation include:

You believe the original evaluation wasincorrect or incomplete and additionaltests are needed.

The original evaluation was not done inyour childs native language.

The evaluation was not done with theneeded accommodations (for example,in Braille or administered by someone

who knows sign language).

The school system may agree toyour request and pay forthe IEE. On the other hand,the school system may deny

your request and ask for ahearing to show that itsown evaluation was appro-priate. You will have thechance at this hearing tostate your reasons why theschool system should berequired to pay for the IEE.

An impartial third person(called a hearing officer)listens to and reviews theevidence. This individualthen decides if the schoolsystem must pay for anindependent evaluation. Ifthe hearing officer decidesin favor of the schoolsystem, you may still obtainan independent evaluation,but you must pay for it.

The results of the IEE mustbe considered by the schoolin any decision maderegarding your childs freeappropriate public educa-tion.

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Requesting a Meeting to Review theIndividualized Education Program (IEP)

If your child is receiving special education services, heor she must have a written plan known as an IndividualizedEducation Program (IEP). The IEP lists, among other things,annual goals for your child and the special education servicesthat he or she will receive. You are a member of the team that

writes your childs IEP. As an IEP team member, you can ask

that your childs IEP be reviewed and revised, if needed. Thispart of the Parents Guide looks at writing a letter to request that

your childs IEP be reviewed.

Why might I ask for a review of my childs IEP?

Some reasons for requesting an IEP review include:

Your child has met one, orseveral, of the goals written inthe IEP.

Your child does not seem to bemaking enough progresstoward one, or several, of thegoals written in IEP.

You feel your child needsmore services or other servicesin order to make progress.

You feel that your child nolonger needs a service he orshe is currently receiving.

Your child has experienced amajor change, such as illness,injury, or surgery.


Street AddressCity, State, Zip CodeDaytime telephone number

Name of Your Childs Special Education TeacherName of SchoolStreet AddressCity, State, Zip Code

Dear (Teachers name),

I am writing to request an IEP review meeting. I would like todiscuss making some changes in (childs name)s IEP. I am concerned

about (state your reasons, but dont go into detail about the specificchanges you want to makesave those for the meeting).

I would also like to have (names of specialists or other staff) attend.I think his/her/their ideas about the changes we may need to make willbe valuable.

I can arrange to meet with you and the other members of the IEPteam on (days) between (give a range of time, such as between 2:00and 4:00). Please let me know what time would be best for you.

I look forward to hearing from you soon. My daytime telephonenumber is (give your phone number). Thank you for your help.

Sincerely,

Your name

cc: specialists or other staff

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Requesting a Change ofPlacement

Placementmeans where your childs IEPis carried out. Depending on your childsneeds, his or her placement may be in thegeneral education classroom, in a specialeducation classroom, in a special school, in

your home, in a hospital or institution, orin another setting. IDEA strongly prefersplacement in the general education class-room, but does not mandate it.

Placement is based on the IEP.Therefore, when you request achange in placement, you areactually requesting an IEP reviewto discuss your childs needs and

where those needs are met.

Why might I ask for a change in

my childs placement?

You might want to request achange in your childs placementif you feel that your childs needsare not being met appropriately.For example, you may becomeconcerned about your childsplacement after reviewing yourchilds progress reports; review-ing the results of any state,district-wide, or alternate assess-

ments your child has been given;talking with your childs teacheror other service providers; ortalking with your child.

Placement concerns mightalso include:

changes in your childs needs;

current class size is too largeor too small;

current class is too academicor not academic enough;




Name of Principal or Special Education AdministratorName of SchoolStreet AddressCity, State, Zip Code


I am writing to request a meeting to discuss a change in placementfor my son/daughter, (childs name). He/she is currently in the (___)grade in (teachers name) class. I feel he/she needs to be in (name ofalternative, if you know; otherwise describe the type of placement youfeel is more appropriate for your child, such as your neighborhood

school, a center-based program, general education class, or specialclass).

I am most concerned about (keep this paragraph brief and mentionyour childs unmet needs, not problems with individual people).

I would also like to have (name of teacher(s) and/or any specialistsyou would like from the current and/or requested placement) attendthis meeting.

I can arrange to meet with the rest of the IEP team on (days) be-tween (give a range of time, such as between 8:00 a.m. and 10:00a.m.). Please let me know what time would be best.

I look forward to hearing from you soon. My daytime telephonenumber is (give your phone number). Thank you for your time.

Sincerely,

Your name

cc: your childs principal (if letter is addressed to an administrator)your childs teacher(s)specialists or other staff

the placement does not meet your childssocial or emotional needs;

the building is too difficult for yourchild to get around; or

any other reason that this class place-ment is not working out successfully.

More information about placement,

especially the principles of least restrictiveenvironment, is available online atNICHCY: http://nichcy.org/schoolage/placement/

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Informing the School that You Intend to EnrollYour Child in a Private School at Public Expense

What do I do if I think my childs placement should be in aprivate school?

In some cases, the most appropriate placement for a child isin a private school. When this placement decision is made by

the IEP team or placement group in the public school, thepublic school pays the cost of the private school.Sometimes a parent may feel that a recom-mended public school placement is notappropriate for his or her child. The parentmay reject that placement and decide toenroll his or her child in a private school. If



Daytime telephone numberName of Principal or AdministratorName of SchoolStreet AddressCity, State, Zip Code


My son/daughter, (childs name), is a special education student in the( _ ) grade in (name of teacher)s class at (name of school). Recently, Iattended a meeting to determine (childs name)s school placement. I am

writing to inform you that I reject the proposed placement for (childsname), and intend to enroll him/her in a private school at publicexpense. At the most recent IEP meeting, held on (date), I informed theother team members of my decision.

The reasons for my decision are as follows: (Keep this section brief, listspecifics for why you believe the public school placement is not appropri-ate for your child).

(Childs name) will be attending (name of private school), effective(date).

Should you wish to discuss this matter further, I can be reached at(give your phone number). Thank you for your time.

Sincerely,

Your name

you find yourself facing this decision andyou want the public school to reimburseyou for the cost of the private school, thereare several things you need to know.

1. A court or a hearing officer mayrequire the school district to reimburse youif the court or hearing officer decides that:

(a) the public school did not makeFAPE available in a timely manner prior toyour childs enrollment in the privateschool, and

(b) the private placement is appropriate.

2. Your request for reimbursement maybe reduced or denied if, before enrolling

your child in the private school:

(a) at the most recent IEPmeeting, you did not inform the

school that you were rejectingthe proposed placement (in-cluding stating your concerns)and intended to enroll yourchild in a private school atpublic expense, or

(b) at least 10 business daysprior to removing your childfrom the public school, you didnot give the school writtennotice.

To the left is an example of aletter you might send if youdecide to enroll your child in aprivate school and want thepublic school to pay for it.

Once you have sent this letter tothe school, you will also needto make a request for a dueprocess hearing so that ahearing officer can decide

whether or not the public

school must reimburse you forthe costs of the private school.See the section on due processunder Letter #12.

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Requesting Prior Written Notice

What is prior written notice, and why would I want it?

There are certain times when the school must put in writingits decisions about your childs education and the reasons forthose decisions. This writtencommunication is called prior

written notice. You have the rightto receive prior written notice

whenever the school wants to (orrefuses to):

evaluate your child,

change your childs disabilityidentification,

change your childseducational placement, or

change the way in which yourchild is provided with FAPE.

The school system is supposedto automatically provide you

with prior written notice in any ofthese events. In practice, though,sometimes the school may tell

you its decision over the tele-phone, in a meeting, or in a one-on-one conversation. If you wantthe notification in writing, youmay ask the school system to

provide it. And it is best that youput your request in writing.

For example, you may haveasked for an IEE at publicexpense. The school system maytell you on the phone that it hasdenied your request. You may askfor prior written notice of thisdenial. The school must then putits decision in writing and explainthe reasons for the decision. This

information can be helpful if youpursue the IEE through a dueprocess hearing. You will thenhave in writing the schoolsystems reasons for denying theIEE.




Name of Person to Whom You Are WritingTitleStreet AddressCity, State, Zip Code

Dear (name),

At our meeting (or) during our phone conversation on (date), wediscussed my childs (evaluation, eligibility, placement, IEP, services,etc.). I requested (________). . . and was denied (or) I was told theschool intends to (_________). . . but I have never received any informa-tion about this decision in writing. In accordance with the IDEA regula-tions, I am requesting prior written notice regarding (be very specificabout the issue/decision you want the school to respond to. Bullet ornumber the items.)

According to the IDEA, at 34 CRF 300.503, prior written noticemust include the following:

1. A description of what the school is proposing or refusing to do;

2. An explanation of why the school proposes or refuses this action;3. A description of any other options the school considered and the

reasons why those options were rejected;

4. A description of each evaluation procedure, test, record, or reportthe school used as a basis for this decision;

5. A description of any other relevant factors that went into thisdecision;

6. Information on how I can obtain a copy of procedural safeguardsavailable to me under the law and a full explanation of the safeguards,and

7. Information on sources I can contact for help in understandingIDEAs regulations.

I look forward to receiving a detailed response to my request as soonas possible. Thank you for your assistance.

Sincerely,

Your name

cc: the principal, supervisor, or special education administratorother members of the meeting

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Requesting Mediation

When would I make a request for mediation?

Anytime you have a serious disagreement withthe school and you feel it isnt getting resolved, youmay request mediation. In mediation, you andschool personnel sit down with an impartial thirdperson (called a mediator), talk openly about theareas where you disagree, and try to reach anagreement. Mediation is voluntary, so both partiesmust agree to meet with a mediator.

There are benefits to mediation, both for youand for the school. One of the chief benefits is thatmediation allows you and the school to state yourconcerns and work together to reach a solution thatfocuses on the needs of the student and is accept-able to both of you.

For more information on mediation, visitCADRE, the Consortium forAppropriate Dispute Resolu-tion in Special Education, at:

www.directionservice.org/cadre





Dear (name),

My son/daughter, (childs name), currently attends (name of school)and is in the (___) grade in (teachers name) class. I am writing to inform

you that the school and I are in disagreement concerning (BRIEFLY statewhat the disagreement is about). We have been unsuccessful in resolvingthis dispute, and I am requesting mediation so that we may resolve ourdifferences.

I would like the mediation to be done as soon as possible. Please let meknow when this can be arranged and send me a copy of the schoolsguidelines on mediation. My daytime telephone number is (give your

phone number). Thank you for your assistance in this matter.

Sincerely yours,

Your name

cc: your childs principalyour childs teacher

NICHCY also offers detailed informa-tion about mediation under IDEA,beginning at: http://nichcy.org/schoolage/disputes/mediation/

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Requesting a Due ProcessHearing

Youve read about due process in otherplaces in this Parents Guide. Due process isone approach that parents and schools canuse to resolve disagreements. Basically, in a

due process hearing, you and the schoolpresent evidence before an impartial thirdperson called a hearing officer. The hearingofficer then decides how to resolve theproblem.

You have the right to request a dueprocess hearing on any matter related to:

your childs identification as a childwith a disability,

his or her evaluation,

his or her educational placement, and

the special education and related servicesthat the school provides to your child.

When would I request a due processhearing?

Some reasons why a parent might filefor due process include:

The school refuses to evaluate your

child.

You disagree with the eligibility decision.

You disagree with the services or goals inthe IEP.

The school refuses to provide a relatedservice, modification, or supplementaryaid you think your child needs.

You disagree with the placementdecision.

Generally speaking, when the family andschool disagree, it is important for bothsides to first discuss their concerns and tryto reach a compromise. Remember, the goalis to provide an appropriate education for

your child. There are many options whendeciding what an appropriate education is,and some trial and error may be necessaryto develop a successful program for yourchild.

However, if you and the school have fully communi-cated, understand each others positions, tried suchstrategies as IEP meetings and/or mediation, and you stilldisagree, you may want to request a due process hearing.

A due process hearing is a formal proceeding. As was saidabove, you and the school system share your informationand concerns in front of a qualified, impartial hearingofficer. The school system will probably be represented byan attorney. While parents are not required to have an

attorney, you are strongly encouraged to have one. Yourstates PTI center will have information on special educa-tion attorneys in your area. The school system must alsotell you about any free or low-cost legal (and otherrelevant) services available in the area if you request adue process hearing or if you simply request this informa-tion.

In the due process hearing, the hearing officer willlisten to both you and the school system. The hearingofficer will then make a decision about how to resolve theconflict, based upon the evidence and the requirements of

law.

How do I request a due process hearing?

The first step is to file a due process complaint.This complaint must be signed andmust include specific information:

the name of your child;

the address of your childsresidence;

the name of your childs school;

a description of the problem, including facts relatingto the problem; and

how you would resolve the problem, to the extent thata solution is known and available to you as parents.

Information in the complaint must be kept confiden-tial. Each state is required to have a model form to helpparents write a due process complaint. You are notrequired to use the model form. However, if you want,

you should be able to get a copy of this model from yourschool system or State Education Agency.

To whom do I send the complaint?

Your school district must have procedures in place sothat you can file your complaint. Youll need to ask whatthose arethe Director of Special Education in yourschool or district will know. This will include the personor office with whom you need to file your complaint.IDEA also requires that you provide a copy of your

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Name of Person to Whom You Are WritingTitleStreet AddressCity, State, Zip Code

Dear (name),

I am writing to request a due process hearing on behalf of my child,(childs name), whose address is (give your childs address, even if it is thesame as your own). (Childs name) attends (name of school).

I have met with school personnel in an effort to resolve our differencesconcerning my sons/daughters (IEP, placement, testing, or . . . ) and have

been unable to do so. The nature of our disagreement is as follows:

Explain the problem with BRIEF statements of fact.

Consider listing the facts with bullets or numbers.

An acceptable resolution of the problem would include . . . (To the extentthat you know how you want the disagreement to be resolved, state thesefacts here, again bulleting or numbering the items if possible.)

Please advise me as soon as possible as to the date and time of thishearing so that I can make the necessary arrangements. My daytime tele-phone number is (give your phone number).

I also request that this hearing be (open/closed) to persons other thanthose directly involved. (Childs name) will/will not attend the hearing.

Thank you for your assistance.

Sincerely,

Your name

cc: your childs principalyour advocate/attorney

complaint to the other party (in this case, the school system)and to the State Education Agency.

What happens next?

If your complaint includes the required information and isdeemed sufficient, quite a lot happens next! First, within 10days of receiving your complaint, the other party (i.e., theschool system) will send you a response that specifically ad-

dresses the issues raised in your complaint. IDEA also requiresthat the school system convene a resolution meetingwithin 15days of receiving notice that you have filed a due processcomplaint. The purpose of the resolution meeting is for you asparents to discuss your due process complaint and the facts thatform the basis of thatcomplaint, so that theschool system has theopportunity to resolve thedispute without holding adue process hearing.

Theres a lot to knowabout due process com-plaints, resolution meetings,and due process hearings,far too much to explain itall here. We refer you to thedetailed informationavailable on our website,beginning at:http://nichcy.org/schoolage/disputes/dueprocess/

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Filing a Complaint with theState Education Agency

Whats a State complaint, and why would Ifile one?

Youve read about two means of resolv-ing conflicts with the school system:mediation and due process. A third means

is filing a complaint with the State Educa-tion Agency (SEA). Under IDEA, you havethe right to file a complaint when youbelieve that the state or school district has

violated a requirement of the IDEA. TheSEA must resolve your complaint within 60calendar days (not business days) from theday they receive it, unless there are excep-tional circumstances with respect to thecomplaint. The complaint process can beeffective in resolving conflicts with theschool system and is less costly and intimi-

dating than a due process hearing.

Detailed information about the Statecomplaint procedure is available atNICHCY, beginning at: http://nichcy.org/schoolage/disputes/statecomplaint/

Its important, however, to know whatyourStates policies are. Contact your SEAto find out the details of its requirements.

Whenever you file a State complaint (orseek mediation or due process), it is a good

idea as well to seek advice from the ParentTraining and Information Center (PTI) orthe Protection and Advocacy Agency (P&A)in your state. These organizations are listedon NICHCYs State Resource Sheetfor yourstate , available at: http://nichcy.org/state-organization-search-by-state

You can file a State complaint with theSEA about any of the matters for which youmight otherwise file a request for a dueprocess hearing, as well as for any other

reason you feel that the school system hasviolated the IDEA. However, be aware that,if you write a complaint on an issue that isalso part of a current due process hearing,the SEA will not investigate this issue. Thedue process hearing takes precedence overthe State complaint process. The SEA willonly investigate those issues in your Statecomplaint that are not part of your dueprocess hearing.

Some examples of issues you might write a Statecomplaint about include:

Your child is denied the opportunity to attend orparticipate in school-sponsored events, such as fieldtrips or after school activities.

Your child has a shorter school day, because the specialeducation students arrive later or are dismissed from

school earlier than the general education students are. You use mediation to resolve a disagreement with the

school, but the school fails to implement the signedagreement.

The school fails to give you appropriate prior writtennotice. Or,

You have a decision from a hearing officer that theschool district is not implementing.

How do I file a complaint with the State Education

Agency?

Your states policies for filing a State complaint shouldbe included in its IDEA regulations. Call your local specialeducation office or the SEA if you needmore information about the policies.

Also ask for the name and address ofthe person to whom you should

write your letter. Your complaintmust be signed. Among otherthings, it must also contain:

a statement that a public agency(for example, your schoolsystem) has violated a require-ment of Part B of the IDEA or itsregulations, and

the facts on which you base this statement.

The letter on the next page is an example of how youmight write this complaint. Note that it is important tostate what requirement of the law has been violated. ThePTI or P&A in your state can help you identify the specificsections of IDEA to list in your complaint.

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Dear (name),

I am writing to file a complaint on behalf of my son/daughter, (childs name), regardinghis/her education in the (name of school district). The nature of my complaint is as fol-lows:

Explain the problem with BRIEF statements of fact.

Consider listing the facts that support your complaint with bullets or numbers.

For the above reasons, I believe the school district is in violation of certain requirementsin the Individuals with Disabilities Education Act, specifically: (list the requirements ofIDEA you feel the school system has violated. For example,

The school system has violated the following requirements of the IDEA:

to consider whether my child needs assistive technology services or devices, as requiredby Section 300.324(a)(2)(v);

to include in my childs IEP a statement of the special education, related services andsupplementary aids and services, including assistive technology, that he/she needs asrequired by Section300.320(a)(4).)

Enclosed are copies of relevant documents and correspondence I have sent to andreceived from the school district concerning this matter. These documents are (List thedocuments you have enclosed, giving the date sent, by whom, to whom, and the issuediscussed.)

Please provide me with copies of any information you obtain in the process of investi-gating my complaint. If you need further information or clarification on my complaint, Ican be reached at (give your phone number). Thank you.

Sincerely,

Your name

cc: school district special education directoryour childs principalyour advocate/attorney

Sample Letter 13: Filing a Complaint with the State Education Agency

NICHCY is theNational Dissemination Centerfor Children with Disabilities.

This publication is copyright free.Readers are encouraged to copy and share it,

but please credit NICHCY.

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