N Jane DuBovy, M.A., J.D. (Attorney & Certified Mediator),
Carolina D. Watts, J.D (Advocate), Mandy Favaloro, J.D. (Attorney),
Elizabeth Eubanks, (Attorney), Esther Curtiss, (Administrator)
Assisting parents in attaining special education services for their children.
Reframing Methodology Disputes
Methodology is a hot topic is cases, IEP meetings and discussions all across the country. With an plethora of programs available, emphasis on research, and an influx of stimulus package money intended to be used for programs and curriculum, the timing is ripe for more and more methodology disputes to emerge. Here’s what you need to know as advocates and parents:
Anticipate methodology disputes
Methodology disputes arise when the disagreement is in regards to two or more options that could each appropriately meet the child’s unique needs. The general rule in these cases is that school districts are given discretion to choose methodology, so long as the methods chose provide the student a FAPE. The key is to anticipate when these disputes will arise, and to reframe the issue as being about FAPE, rather than about a choice among methodologies.
Pay attention to possible procedural violations
Even though discretion is given to school districts in choices of methodology, that does not mean that the district doesn’t have to play by the rules! School districts are not permitted to predetermine methodology prior to the IEP or to have a blanket policy to refuse a specific methodology or program. Even if the issue is about methodology, school districts still have to meet the requirements of prior written notice, and must ensure that parents can meaningfully participate in the IEP process.
Focus on FAPE, not on one program vs. another
It is important to always stay focused on the principles of FAPE, so that the dispute doesn’t become a battle of the programs, in which the parents will lose. Focus the discussion on the unique needs of the child, and what is required to meet those needs. Don’t use the word “methodology,” but rather ask for appropriate research-based interventions. Make sure your child’s IEP goals are clearly measurable, and keep track of progress in case you need to demonstrate that the program offered is not appropriate for your child. Utilize experts to recommend specific programs, rather than the request originating from parents. And remember, parents should keep an open mind too!
This Month: Autism in the News
Good Morning America covered World Autism Awareness Day with a moving story about the millions of families struggling to obtain the appropriate services for their kids: www.abcnews.go.com/gma (search “autism” for the video link)
The LA Times covered Autism Awareness Month with a series of informative articles:
http://topics.latimes.com/health/conditions/autism/2009-04
Larry King Live covered “The Debate Over Autism,” with guests Jim Carrey and Jenny McCarthy:
http://www.cnn.com/video/#/video/us/2009/04/04/lkl.jim.jenny.autism.pt1.cnn?iref=videosearch
The website for World Autism Awareness Day posted messages from world leaders commemorating the day:
www.worldautism awarenessday.org
This Month’s Tip
Read waivers carefully—.When agreeing to waive a resolution session after filing for due process, the District may lump other waivers, like your right to speedy resolution, into the document! It isn’t true that waiver of the resolutions session is automatically a waiver of the 45 day timeline!
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