Managing Difficult IEP Meetings

One of the most difficult aspects of being a special education teacher is having to sometimes lead confrontational IEP meetings. Rather than viewing these meetings as a negotiation attempt, I try to frame the process as joint problem-solving. One of the most helpful books I have read is called Getting Past No by William Ury. He describes this joint problem-solving as "soft on the people, hard on the problem." Going into those types of meetings with an agenda (it helps keep the team on track) and thorough preparation is essential, but having an understanding of what may hinder a successful outcome may also prove beneficial. According to Ury, there are five barriers to cooperation:

1. Your reaction. As humans, we naturally feel like striking back in confrontational situations. Or, sometimes we feel like it may just be easier to give in and preserve the relationship. This just "perpetuates the action-reaction cycle that leaves both sides losers."


2. Their emotion. The other side's ability to listen may be blocked by fear, distrust, anger, hostility, etc.


3. Their position. The other side may believe there is no other way to negotiate than to get you to give in. Joint problem-solving requires that both sides listen for understanding and work toward a solution.


4. Their dissatisfaction. The other side may turn down your idea just because it is yours. "Even if you can satisfy their interests, they may fear losing face if they have to back down."


5. Their power. The other side may view the only outcome as win-lose. "If they can get what they want by power plays, why should they cooperate with you?"

Joint problem-solving requires identifying and breaking down barriers to cooperation.

Here is the hook....keep reading my posts for more on this subject.

S.B. v. Pomona Unified School District, 50 IDELR 72, 2008 WL 1766953 (C.D. Cal. 2008)

I am always interested in reading case law as it provides an indication of how courts are ruling with regard to special education issues. It seems like I can always think of an instance where the variables of the case are similar to a situation I have knowdedge about . In S.B. V. Pomona Unified School District, the courts determined that a district's failure to include the student's private preschool teacher was a procedural violation as the student was denied educational opportunity. The courts recognized the private preschool teacher as the regular education teacher who should should have been in attendance to provide information regarding the student's present levels of educational performance and unique needs. "At the very least, she could have elaborated on what she had told the transdisciplinary assessent team." Furthermore, her attendance "would have assisted the IEP team in devising a program that was better tailored to Student's abilities and special needs." This case exemplifies the importance of having a regular education teacher at IEP meetings. Not having a regular education teacher of the student at an IEP meeting is a procedural violation of the IDEA and can result in the denial of a free and appropriate public education. If you are having trouble getting regular education teacher attendance at IEP meetings, please consult your school administrator and ask for assistance. IDEA compliance is certainly rationale for this practice; however, what is even more important is that it is what is in the best interest of our students and they are worth it.

IEP Minutes Comment Response

I am so relieved to know I have at least one reader. :) Thank you for taking the time to post the comment below. I understand exactly the message you are conveying. I have been there and done that on several occasions and you are right. It is very difficult to take quality notes when you are conducting the meeting. The minutes can and most likely should be taken by another district IEP team member so the case manager can effectively lead the meeting. Minute taking can even be a group effort if needed. Recently, an assistant principal and I passed the notes back and forth between us as we participated in a special review conducted by the case manager. I know several guidance counselors who are more than willing to take excellent notes when asked. They have sat in on enough meetings to understand the importance and rationale of the task. I will send out a Word document of the tips I posted yesterday so you can offer them to your notetaker at the next meeting. Again, thanks for the comment!

The MAJOR problem I find with minutes of an IEP meeting is taking them. Teachers are there to participate and in many cases are unable to stay through the entire meeting because they too have a class to attend to. Adm. may enter a meeting intending to stay but get called away during a meeting for discipline or duty and return later. The only person who knows what needs to go in the minutes is the caseholder and it is EXTREMELY to manage and direct a meeting while attempting to take minutes at the same time. This prolongs the meeting to an unrealistic time length. How can this be accomplished with less inconvenience for all participants? I already do as you suggest by completing most of the information prior to the beginning of the meeting. Is it possible for guidance counselors to attend a brief orientation on what needs to be in minutes and perhaps we could utilize them more during the meeting? Just a thought. I get really stressed knowing that the minutes are a vital part of the IEP. Thanks.

Section 504 Myths continued

Yesterday, I stated (or typed) that there were six remaining myths and realities. My apologies. There are only four.

Julie Weatherly, owner of Resolutions in Special Education, Inc., was featured in a journal titled In CASE (Counsel for Administrators in Special Education) as she concluded a second article in a two part series regarding the myths and realities of 504 plans. The second part of the series covers four additional myths related to Section 504. Below is a summary...

Myth #5: A student diagnosed by a physician as having ADHD is "automatically covered" by Section 504 because the student is now regarded as having a disability.

Reality: A medical diagnosis alone does not mean a child is disabled under Section 504. A 504 team must have evidence to support the existence of a disability and should seek additional information if the determination is in question. According to Ms. Weatherly, "The 'record of' and 'regarded as' portions of the definition are not relevant to Student Support Teams (SST)/Child Study Teams (CST) determinations about instructional supports an accommodations that a student may need."

Myth #6: A Section 504 plan applies to students diagnosed with ADHD who are making B's and C's but have the capability of doing better "but for" the ADHD.

Reality: The above description is not sufficient for Section 504 eligibility. "A physical or mental impairment that substantially limits a student's ability to learn in comparison to the average student population is a disability under Section 504."

Myth #7: The school district is obligated to evaluate every student displaying characteristics of ADD/ADHD to determine if they are 504 eligible.

Reality: According to Weatherly, "Whether the school district is required to fund/conduct a medical evaluation depends upon whether the school district suspects that a disability exists and the reason the information is needed by the school district." If a disability is suspected and the team needs more information to make the determination, the school district is responsible for conducting an evaluation. If a medical assessment is necessary and the parents don't voluntarily provide the medical information, the school district must provide it at no cost to the parents.

Myth #8: An exhaustive formal evaluation is necessary to determine eligibility for Section 504.

Reality: Formal assessment is not always necessary to determine the existence of a disability. Weatherly clarifies, "Only an 'evaluation' sufficient to provide information to determine the existence of a disability under Section 504 need be obtained." The term "evaluation" could be used to describe the process of reviewing existing data including behavioral observations.

I applaud the Section 504 teams in the School District of Oconee County for diligently evaluating each case to determine eligibility. They are doing a great job!

Section 504 Common Myths

In the winter edition of In CASE (Counsel for Administrators in Special Education), Julie Weatherly presents four common myths with regard to section 504. http://web.wmisd.org/General%20Educations/504/504%20Documents/504%20Myths.pdf.

The common myths are as follows:

Myth #1: The Student Support Team process is the "way" to special education.

Myth #2: Section 504 provides more than IDEA in terms of coverage and protection in the general education environment.

Myth #3: Every student who has ever been in special education is automatically covered by Section 504 because the student has a "record of" a disability.

Myth #4: When a student is referred for a special education evaluation and is deemed ineligible for special education services, the student is automatically covered by Section 504.

Please follow the link above for the REALITY associated with each of these four myths.

Please tune in tomorrow for the next six 504 myths and their associated realities.

If you are interested in reading the original version of section 504 law, follow this link to The Rehabilitation Act of 1973> http://www.ed.gov/policy/speced/reg/narrative.html

Tamassee-Salem Observation

Here we go...

I have been talking about wanting to start a blog and now is the time to just do it! As you will notice in a few earlier entries, I experimented but never advertised my blog publicly because I knew it would be a huge commitment of time. Nevertheless, I am willing to make that commitment because I believe it is important to embrace technology and become fluent in its capabilites. Dr. Lucas, Superintendent of the School District of Oconee County, has inspired me with his blog http://lucassdocblog.blogspot.com/. I look forward to reading his enlightening and musing entries. Although my blog is exceedingly rudimentary at this point, I hope to learn more tricks of the trade right away.

I would like to start my first "public" blog entry by commenting on a visit to Tamassee-Salem Elementary School (pictured above). I just love this school. As soon as you walk through the door, you can sense an inviting school culture characterized by genuine care for students. While observing in a special education classroom, I was impressed with how the teacher had established very clear expectations and routines. It was evident that every student knew what they were supposed to be doing. Some were working in a small group with the teacher, some were working in a small group with an instructional aide, some were working independently on assigned tasks, and another was working on the computer. The common denominator...every student was working! At one point, two students transitioned back to this classroom from mainstreaming and didn't miss a beat reentering the highly structured learning environment the teacher had established. They went right to work expediently and respectfully without requiring any cues from the teacher. It was obvious they knew the routines and expectations. Great job!

If any of you would like to share your blogging tips with this "newbie" blogger I would be most appreciative. I also welcome your comments. Thanks!

We're in the Final Stretch!

This time of year is always the most challenging for special education teachers as Annual Review IEP meetings, Transition meetings, and testing are underway. Hang in there! You are appreciated more than words can say. We are making plans for our District-Wide Special Education Inservice in August and hope it will be a treat for everyone. We thank you for taking the time to complete the Needs Assessment Survey. We will do our best to meet your needs for professional development and support. I would also like for us to review our Vision Statement for Special Services to determine if it needs revisions. Now that we have a vision, we need to develop short and sweet Mission Statements. If you would like to participate on a committee to facilitate this process please contact me and we'll get you signed-up. We're in the final stretch. Thanks for all you are doing to pick up the pace and finish strong.