I finally have most of my sample letters finished and am posting them here. I also have them posted at my new website --
www.spedvocate.com. I originally was going to charge a modest amount for the group of letters, but I can't bring myself to do that, because they are really generic and are available other places on the web, and most sped parents aren't wealthly. I am offering internet advocacy services at my site and, if you are so inclined to donate anything for the use of the letters, there is a page on the website to do that.
Still modifying my website, so if you have any suggestions, please feel free to email me -- spedvocate@gmail.com, or posting at MM would be fine also. Will be working on links and comments during the next week.
Here they are, including a page of narrative that describes who, what and why:
NARRATIVE REGARDING LETTERS TO THE SCHOOL DISTRICTI cannot overstate the importance of documenting in writing everything relating to decisions made about your child at school. The best way to help your child is to build an excellent paper trail. This will avoid those situations in which school personnel will say that they don’t remember talking to you, or they don’t think they discussed that with you, or you misunderstood them. Sound familiar? To avoid this, document everything! These letters and emails will be a foundation for any legal actions or for filing formal state complaints, should you need to go that route.
Initial Evaluation:
The purpose of sending your request for a full educational evaluation in writing is that all-important rule – if it isn’t in writing, it didn’t happen. Although federal education law (IDEA) requires that the evaluation and eligibility meeting be held within 60 days of giving your written consent, (that’s 60 calendar days, not 60 school and/or business days), check your state education department’s website, as some states have shorter time frames. Send the letter certified mail, return receipt requested, or take the letter yourself to the school, have the secretary stamp it ‘received,’ and request a copy to take with you. If you do not receive a response within the requested time period, you are within your rights to file a formal state complaint.
Independent Educational Evaluation:
The purpose of this letter is to document that you disagree with the school’s evaluations and want to exercise your right to an IEE at public expense. Federal education law (IDEA) states that the school must either grant approval for the IEE, or file for due process to defend their evaluation, without unnecessary delay. Again, either send this by certified mail, or take it personally to the school, have it stamped ‘received’ and request a copy to take with you.
Prior Written Notice:
Prior Written Notice (PWN) is a very powerful parental safeguard that is provided in federal education law (IDEA) that states that the school must put in writing the reasons they have either ‘refused’ or ‘proposed’ anything related to FAPE (free, appropriate public education). If used correctly PWN can bring your school around to doing what is appropriate. Here are some instances in which you would want to request PWN; school refuses to discuss assistive technology (computers, typing lessons) for your child, school refuses to change the goals on your child’s IEP so that they are meaningful and measurable, school proposes to change your child’s placement without your approval.
IDEA requires that six areas must be addressed in their reply. Here is what must be covered in the school’s PWN. Taken from this website:
idea.ed.gov/explore/view/p/%2Croot%2Cstatute%2CI%2CB%2C615%2C:(1) Content of prior written notice.--The notice required by subsection (b)(3) shall include--
(A) a description of the action proposed or refused by the agency;
(B) an explanation of why the agency proposes or refuses to take the action and a description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;
(C) a statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;
(D) sources for parents to contact to obtain assistance in understanding the provisions of this part;
(E) a description of other options considered by the IEP Team and the reason why those options were rejected; and
(F) a description of the factors that are relevant to the agency's proposal or refusal.
Letter of Understanding:
A letter of understanding is written after every meeting with anyone at the school. This could be a teacher, guidance counselor, etc., but should be used, especially after an IEP meeting. This letter should very specifically state what you were told, by whom, what you told this person and any decisions made as a result of this meeting. I would recommend that this letter be delivered to the Special Education Director no later than one week following the meeting and sooner, if possible.
Documentation Letter or Email:
Use emails for documenting conversations that happened via phone calls, hallway conversations, etc.; just make sure you keep a copy. You never know when this documentation will be needed.
Parent Agenda:[/b]
The Parent Agenda is a great way to organize your plan for the next IEP meeting. You want to include those important topics that the school has either refused to discuss, says your child doesn’t need, or simply an issue that has surfaced recently – for instance, one teacher is not providing the accommodations that are on the IEP, your child is not receiving their stated time in resource room, etc Type up this agenda, either make copies or ask that copies be made before the meeting and then keep bringing the focus back around to your agenda (but that’s another entire discussion)!
Request for Functional Behavior Assessment:Federal education law (IDEA) requires that any behavior that interferes with learning must be evaluated. A good Functional Behavior Assessment, done by a qualified professional, will describe what triggers your child’s behaviors. It could be a certain classroom, teacher, or situation. After the FBA is completed, then the team must meet and develop a Behavior Improvement Plan, based on and driven by, positive behavior reinforcements. Here is a great website that discusses FBA’s:
cecp.air.org/fba/.
LETTER REQUESTING INITIAL EVALUATION FOR SPECIAL EDUCATIONDear Principal:
The purpose of this letter is to request a full educational evaluation to determine special education eligibility for my child, NAME, who attends NAME OF SCHOOL.
As I understand my rights under IDEA, the district will have 60 days to complete this evaluation and meet to decide eligibility for my child.
(IF YOU HAVE BEEN TOLD YOUR CHILD MUST GO THROUGH RTI (response to intervention) FIRST, INCLUDE THE FOLLOWING PARAGRAPH):
Although the district has begun the RTI process for my child, it is my understanding that per IDEA, my request for a full educational evaluation cannot be delayed due to my child’s participation in the RTI process. The two processes may be conducted simultaneously.
Please consider this letter my consent to evaluate, however, if there are additional consent forms that require my/our signature, please provide them within seven days.
I/we look forward to working with the district to provide FAPE for NAME.
Please respond with seven days and please place a copy of this letter in NAME’s permanent educational file.
Sincerely,
Parent
C: Special Education Director
LETTER REQUESTING IEEDear Special Education Director:
The purpose of this letter is to request an Independent Educational Evaluation at public expense for my child, NAME, who attends NAME OF SCHOOL.
I am requesting the IEE as I disagree with the district’s recent evaluation. As I understand my rights under IDEA, the district must either provide approval for the IEE without delay, or file for a due process hearing to defend its evaluation.
Please consider this letter my/our consent to evaluate, however, if there are additional consent forms that require my/our signature(s), please send them within 10 days. In addition, please provide me/us with a list of outside evaluators and any district written policy concerning the IEE process.
I/we look forward to working with the district to provide FAPE for our child.
Please respond within 10 days and please place a copy of this letter in NAME’s permanent educational file.
Sincerely,
Parent
C: Principal
LETTER REQUESTING PRIOR WRITTEN NOTICE (PWN) Dear Special Education Director:
The purpose of this letter is to request Prior Written Notice (PWN) for the district’s proposal/refusal to (insert reason), as it relates to providing FAPE for my child, NAME.
Per IDEA, the PWN will need to cover six specific areas in explaining the reasons for the above proposal/refusal.
Please provide PWN within 10 days and please place a copy of this letter in NAME’s permanent educational file.
Sincerely,
Parent
C: Principal
LETTER OF UNDERSTANDINGA letter of understanding should be sent after every IEP meeting. This letter will detail specifically what was said by whom, what decisions were made, and any disagreements you have with what was decided.
Dear Special Education Director:
Please consider this my letter of understanding regarding the IEP meeting that was held on DATE, for my child, NAME.
During the meeting the following issues were discussed:
BULLET YOUR ISSUES, INCLUDING SPECIFICALLY WHO SAID WHAT TO WHOM .
The following decisions were made:
BULLET THE DECISIONS AND WHETHER OR NOT YOU AGREED WITH THEM.
Under separate cover, I am requesting Prior Written Notice for the following:
BULLET THOSE ISSUES FOR ACTIONS THE DISTRICT PROPOSED OR REFUSED DURING THE MEETING.
In addition, topics that were not discussed due to lack of time were as follows:
BULLET THOSE TOPICS THAT WERE NOT DISCUSSED. INCLUDE THE FOLLOWING IF THERE WERE TOPICS THAT WERE NOT DISCUSSED:
I am requesting an additional IEP meeting to cover those topics which we did not have time to discuss and decide. Please schedule this meeting within the next four weeks.
Please respond to any requests contained in this letter within 10 days and please place a copy of this letter in NAME’s permanent educational file.
Sincerely,
Parent
C: Principal
LETTER OR EMAIL DOCUMENTING CONVERSATIONS[/b]
Dear (name of person you spoke with):
I am sending you this quick note to confirm our conversation of (DATE) in which we discussed the following:
IN PARAGRAPH FORM, EXPLAIN WHAT THEY TOLD YOU, WHAT YOU TOLD THEM, AND ANY DECISIONS THAT WERE MADE.
Thank you for your time and efforts on behalf of my child.
Sincerely,
Parent
MAKE SURE YOU KEEP A COPY OF ANY/ALL EMAILS AS DOCUMENTATION. YOU MAY NEED IT LATER ON.
PARENT AGENDA FOR IEP MEETINGDear Special Education Director (or whoever will be chairing the meeting):
The purpose of this letter is to outline my Parent Agenda for our upcoming IEP meeting for NAME, on DATE.
As an equal member of the IEP team, it is important to list the topics that I feel need to be discussed and/or resolved at this meeting. I realize that the district will also have topics to consider and discuss, and would be open to scheduling an additional meeting so that we may cover all topics.
THEN YOU BULLET OUT THE ISSUES/CONCERNS YOU WANT TO DISCUSS.
I am looking forward to a productive IEP meeting and to working towards providing FAPE for NAME. Please place a copy of this agenda in NAME’s permanent educational file.
Sincerely,
Parent
C: Principal/Special Education Director
LETTER REQUESTING FUNCTIONAL BEHAVIOR ASSESSMENTDear Special Education Director:
The purpose of this letter is to request a Functional Behavior Assessment for my child, NAME, who attends NAME OF SCHOOL.
I/we believe that NAME’s behaviors are interfering with his/her learning and that a evaluation of those behaviors is necessary, per our rights under IDEA. As I/we understand the process, after the FBA is completed, the IEP team will then have the information it needs to develop a Behavior Improvement Plan, which will use positive behavior reinforcements and strategies for learning replacement behaviors.
I/we look forward to working with the district to help remediate this situation and provide FAPE for NAME.
Please contact me/us within seven days regarding this request, and please place a copy in NAME’s permanent educational file.
Sincerely,
Parent
C: Principal