COPAA Advocate's Training

Parents sometimes ask how they can learn about special education law, to help them advocate for their own child or to help other parents who need guidance. A terrific opportunity to learn about special education advocacy has just been announced by COPAA - the Council of Parent Attorney's and Advocates, a dedicated group that includes both attorneys and non-attorney advocates.

Registration begins this coming Friday, April 5th, for COPAA’s Special Education Advocate Training (SEAT) 1.0 – Beginning Advocacy. This annual program is the first module in a a several part training that can lead to a competency as a special education advocate. You can go to the COPAA website to learn more about the role of advocates in the special education process and how the COPAA SEAT training works. There is also information on other organizations involved in training advocates.

Information on dates, fees, additional training programs, and COPAA membership (although membership is not required to participate in these trainings) is also available on the COPAA site. This course is expected to fill quickly, so don't delay in signing up if you are interested.

Attorneys at IEP Meetings

Parents sometimes ask whether it would be helpful if they brought an attorney to their IEP meeting. The U.S. Department of Education (DOE) addressed this question last year in an advisory letter to the Illinois State Board of Education, which had sought guidance on the respective rights of school districts and families.

The DOE noted that parents have the right to bring anyone who has knowledge or special expertise regarding their child to the IEP meeting and that it is the judgment of the parents whether any particular individual falls within that definition. The DOE further noted that while the school district must give parents advance notice as to who will be attending the IEP meeting, parents do not have to advise the district in advance if they are bringing someone with them, including an attorney.

If a parent does bring an attorney to the IEP meeting, the district may seek to adjourn the meeting, but only if the parent agrees and the delay would not delay or deny the child from receiving an appropriate education.

The DOE notes, that "... in the spirit of cooperation and working together as partners in the child’s education, a parent should provide advance notice to the [district] if he or she intends to bring an attorney to the IEP meeting. However, there is nothing in the IDEA or its implementing regulations that would permit the [district] to conduct the IEP meeting on the condition that the parent’s attorney not participate, and to do so would interfere with the parent’s rights..."

They go on to state: "Finally, we would like to note that, even if an attorney possessed knowledge or special expertise regarding the child, an attorney’s presence could have the potential for creating an adversarial atmosphere that would not necessarily be in the best interest of the child. Therefore, [it is our] longstanding position is that the attendance of attorneys at IEP meetings should be strongly discouraged."

While there may be substantive reasons not to bring an attorney to the IEP meeting, we always suggest that parents try not to attend meetings on their own and that they should bring someone with them for support and to take notes. That can be the child's other parent, a friend, or an advocate. For other tips, take a look at our posts on this topic.

English Language Learners

Required professional development courses vary greatly in quality, so it is a real delight when a day devoted to accumulating necessary Continuing Legal Education credits turns out to be a truly fascinating series of lessons in areas that attorneys working in the field of education and special education don't always consider.

Such was the case yesterday at the Practicing Law Institute's School Law Institute. Discussions about sexual assault on campus, transgender youth in public schools, the use of police authority and arrest powers in schools, and how changing family dynamics make deciding who is the "client" in an educational matter complicated, all were extremely well-presented. So was the more expected discussion of new developments in special education case law.

One particularly interesting topic was presented by Abja Midha, Esq. of Advocates for Children of New York, where she is Director of the Immigrant Students’ Rights Project, which works to protect English Language Learners’ and immigrant students’ access to educational programs and improve their educational outcomes. The Project has numerous resources available - many in multiple languages - and is involved in policy initiatives as well.

Ms. Midha noted that not all children who are English language learners (ELL) are immigrants. Some were born here to parents who speak languages other than English. And some children who are proficient in English have parents who have limited English proficiency and require translation services to be able to access necessary information about their child and the school system.

Federal statutes and case law have created significant rights for ELL. In the 1974 U.S. Supreme Court case  Lau v. Nichols, (414 U.S. 563), brought by non-English speaking Chinese students in the San Francisco public schools, Justice William O. Douglas' opinion noted, “There is no equality of treatment merely by providing students with the same facilities, textbooks, teachers, and curriculum; for students who do not understand English are effectively foreclosed from any meaningful education. Basic English skills are at the very core of what these public schools teach. Imposition of a requirement that, before a child can effective participate in the educational program, he must already have acquired those basic skills is to make a mockery of public education.”

The day's presentations on all topics will be available in a couple of weeks as an "on demand" program. The Practicing Law Institute offers scholarships to selected programs for attorneys in the nonprofit sector and others.

Bad News About a Bad Law

Back in May 2011, we wrote about a then pending Florida law that would prohibit physicians from asking parents about whether there are guns in their homes. The question, when asked by a pediatrician or family physician, can open the topic of gun safety and allow the doctor to counsel the parent about what is needed to make sure that their own and other people's children are kept safe. 

Gun advocates claimed that this would constitute harassment and somehow lead to records being kept by physicians as to which of their patient families had guns present in their homes. Opponents of the law pointed to limits on a physician's judgment, freedom of speech issues, and the appalling number of children injured or killed by playing with guns found in their home or another house at which they play.

The law was signed by Florida Governor Rick Scott shortly after our original post about it. In September of 2012 we were able to report that Federal District Court Judge Marcia G. Cooke had ruled that the Florida law was unconstitutional and issued a permanent injunction which blocked its enforcement.

Late last week, we learned that the United States Court of Appeals for the 11th Circuit, in Atlanta, overturned Judge Cooke's injunction, which means the law can take full effect. You can read the complete 160 plus page decision and the dissent by Judge Charles R.Wilson here.

We hope that some of the groups that brought the initial lawsuit against this law will continue to seek to overturn it. The next stop for this would be the United States Supreme Court. We will continue to follow and report on new developments. 

Children in the Juvenile Justice System

The school age students we see at the Yellin Center are brought to us by their caring, concerned parents who want to know how to help their child succeed in school and in life. Sometimes, a teacher, school, physician, or tutor will suggest that families work with us to identify why their students are struggling and to help them with strategies to foster success. These children, from loving homes with lots of support and encouragement, are primed to overcome whatever challenges they face.

But not all young people come from the kind of  homes and families we are used to seeing. Too many of them, often those living in poverty and subject to abuse or neglect, spiral down into lives of gangs, violence, and crime and wind up in the juvenile justice system as inmates. We usually don't give them much thought, except perhaps to be glad they are not out committing crimes. But, recently, several circumstances have come together to remind us that there is another aspect to this issue -- and to these children.

First, a friend and colleague with years of work in the justice system has been speaking to Dr. Yellin about the young people she has encountered and how the prison system fails to offer them the kinds of educational supports which they need and to which they are entitled by law. Advocates for Children, the NYC based organization that works with families and students in all aspects of educational rights, has long been a leader in this area and has created a fact sheet outlining the rights of court-involved youth arising from J.G. et al. v. Mills, a 2004 federal court case brought by Advocates for Children of New York and the Legal Aid Society against the New York City Department of Education.

But there is much more to this issue. First, there is the failure of the prison systems, worse in some states than others, to deal with the educational and other needs of imprisoned youth. A report from the Southern Education Foundation entitled Just Learning: The Imperative to Transform Juvenile Justice Systems into Effective Educational Systems notes that most of these young people have learning and/or attention problems, as well as emotional difficulties.

Further, as we have seen when New York's governor proposed college education programs for adult inmates in state prisons, it is difficult to get popular support to spend public money on programs for those who have been convicted of crimes, even when data supports that such programs reduce recidivism.

Perhaps the most compelling item we have encountered recently is a new article appearing on the website of the Juvenile Justice Information Exchange, entitled Up From the Depths: Juvenile Offenders Who Turned Their Lives Around. No matter what your views are on whether or how to help young people who are in the prison system, you should take a moment to read these stories of how prosecutors, political conservatives, and convicted felons came to their present views on how to change the lives of these young people -- and the system in which they are enmeshed. 

Photo credit: Tim (Timothy) Pearce via Flickr CC

Advocacy and Services in Westchester and Putnam

Many New York City parents know that Advocates for Children and other nonprofit organizations provide excellent, free or low cost help for families struggling with school related issues. But we want to make sure that parents in Westchester and Putnam Counties are aware of an agency with offices in both locations that offers similar services to families in these suburbs north of New York City. The Educational Advocacy Program is a Program of the Westchester Independent Living Center (WILC) and its satellite office, Putnam Independent Living Services (PILS). Some of the services offered include:

• Providing direct and indirect advocacy for parents of students with a wide array of special needs, including special education and transition to life beyond high school. This assistance is free and available in both English and Spanish.
• Training parents to become "Lay Advocates"  to help other parents navigate the special education system
• They also have an email newsletter with useful information on current workshops and programs, as well as links to information about benefits, educational policy, and community news. 

Watch for news about my presentation on Life After High School for Students with Disabilities and Their Families, scheduled for some time in May (postponed from April 30th) at the Westchester location.

Putting Advice to Work

Several months ago, your blogger was featured in a webinar from ADDitude (the magazine folks who also have an informative website) on "Determining if Your ADHD/LD Child Needs an IEP or a 504 Plan and How To Go About Getting It." Like any presentation, especially those not in front of a live audience, it wasn't clear to whether the information provided would actually be put to use by parents.

So, it was good to receive an email last week from a mom who wrote,

"I wanted to take a minute to thank you. I have an 8th grader finishing up middle school and heading to high school next year. He has been struggling since elementary school. In 7th grade I was finally able to establish a 504 plan for him. Two years later, his grades continue to slide and he goes up and down. They give him extra help in reading, then he does well and they pull him out of the extra help classes. It’s a vicious cycle. I have been pushing for reading and writing help since September.

"In October I listened to your Attitude Webinar on IEP and 504 and what to ask for. I stuck to my basic points: ADHD qualifies a student for an IEP [an Individualized Education Program] under OHI [the category of Other Health Impaired]. After several meetings and finally getting the school board involved, they tested him again and agreed that his reading and writing were seriously deficient. The school has agreed to the IEP and he started in the facilitated reading and writing classes the day following our meeting...

"It was that key piece of lingo …“IEP qualifies under OHI” discussion you talked about in the webinar that I needed. I followed your advice to stay calm, listen, be nice, state what you want and stick to a few key points. It’s interesting, I do this all day in my “day” job, but when it comes to your kids, your emotions get in the way. I decided I was going to strategically approach it like I would negotiate anything else and it worked! THANK YOU."

This mom was right on target that we need to take the skills we use in the workplace and other aspects of our lives and put them to use with our children. It is very difficult to stay calm and focused when dealing with your child's school and the more your child is struggling, the more difficult it is to use your skills to help

them. That is why the respected special education attorney Pete Wright, who runs the Wrightslaw website with his wife Pam, titled his basic primer for parents, From Emotions to Advocacy. This is why I always suggest a few key points to parents attending an IEP or other significant meeting about their child:

• Don't go in alone. Bring at least one person with you who will stay calm and focused and help you to do the same. You have the right to bring anyone you want with you - a spouse, a friend, an advocate, but if you plan to bring an attorney you should let the school know so they have the choice of having their attorney present. Otherwise, they may require the meeting to be rescheduled so their attorney can attend. This is one reason why most attorneys don't generally attend IEP meetings.
• Take notes. If you can't focus or participate while taking notes, have someone with you (who can be the person mentioned above) who can do this for you. 
• For formal meetings, like those of the IEP team, ask for a copy of the attendance sheet that will passed around. Chances are you won't use it for anything, but it sends a signal that you are making a formal record of the meeting in case you need to appeal the decisions reached. 
• Come in with a list of the issues you want to address. Just like the most effective shopping trips start with a good list, you will be shopping for services and supports for your child. While you might learn things or hear ideas that will change your mind about items on your list, at least you won't forget to raise important points.
• Don't be pressured to agree to anything or to sign anything at the meeting. While services under an IEP will not begin until you sign off on them, taking a few days to consider things is perfectly reasonable and will allow you time to think about what your child really needs. 

And, as the mom who wrote the note mentioned, "stay calm, be nice, state what you want and stick to a few key points." 

Learning to Advocate for Your Child - And Others

Parents sometimes mention to us that they are thinking of becoming an advocate for other parents and students who are seeking special educational services from schools. Most of these parents have dealt with the special education process with their own child and want to apply what they have experienced and learned to help others. Some of these individuals are attorneys who practice in a variety of areas but want to now learn how to extend their practice to the field of education law. Two upcoming programs offer an opportunity for newcomers to get started in the fields of special education advocacy and law.

As we have noted previously, COPAA (The Council of Parent Attorneys and Advocates) is holding its annual conference March 6-9 in Baltimore. This event offers programs for both experienced attorneys and just-starting-out advocates, and is attended by hundreds of individuals from all over the country. It is an amazing way to learn about special education and how to advocate effectively, and affords attendees the opportunity to meet and learn from the leading experts in various aspects of this field. If you are even thinking about getting involved in special education law, this is the place to start. One note: COPAA membership and attendance at the Conference are not open to those who work for or represent school districts or similar agencies.

Another excellent opportunity for parents and others to learn about special education is at a Wrightslaw Special Education Law & Advocacy Training. There is one coming up in Plainview, New York, on March 21, 2014, but a check of the Wrightslaw website will allow you to sign up to receive the Wrightslaw newsletter, which announces programs in all parts of the country. Peter Wright is an attorney who overcame his own learning disability to become a leader in the field of special education and a respected resource for special education practitioners at all levels.

When Children Influence Their Parent's Career Path

Within the last few days, we had several reminders that the difficulties faced by a child can help shape the path of a parent's work.

First, a friend called to report the good progress her son was making in his new program -- the next step for him as a young adult with significant learning and other difficulties. "You know," she said, "now that I have him settled, I'm thinking of a new career as an advocate for other parents. Do you have any ideas as to how I can begin this process?"

Almost the very next day, our colleagues at Wrightslaw sent out their Summer Newsletter, So You Want To Be An Advocate? Summer School 2013: Session 1 . It contains lots of helpful advice about how to begin to learn about special education and special education advocacy. We sent the link along to our friend, along with our suggestion that she also consider becoming a member of COPAA, the Council of Parent Attorneys and Advocates, which has helpful listservs for lay advocates as well as attorneys, a website full of information, and which runs a terrific national conference each year (March, 2014 in Baltimore) which is a wonderful way to learn about advocacy and meet other advocates and experts.

A day or two later, we received a copy of Bostonia magazine, which contained the compelling story of Ed Damiano, an associate professor of bio-medical engineering at Boston University who is racing to develop a bionic pancreas to treat his son David's type 1 diabetes. Prototypes of an iPhone assisted device are in clinical trials and he hopes the device will be available for son to use in a few years, when he heads to college. Watch a video about the Damiano's experience below.

Finally, as many of our readers know, a number of years ago Dr. Paul Yellin served as Chief Medical Officer of a New York City hospital (and, before that, Director of Neonatal Clinical Services at a major teaching hospital) before his own child's learning issues led him to his present work and the founding of The Yellin Center.

Photo: Glyn Lowe

A New Way to Talk About Special Education

The terrific Council of Parent Attorneys and Advocates (COPAA) recently held its annual meeting, and one important initiative to emerge from this gathering of education attorneys, parents, and advocates was a focus on the importance of language when we talk about children with special learning and other needs and the work we do to help them. Think about it: we know that special education laws grew out of civil rights legislation and court decisions. The very principles that were determined to apply to discrimination on the basis of race eventually grew to apply to discrimination on the basis of disability. Children who were excluded from schools because they had disabilities were no less the victims of discrimination than those who were excluded or segregated because of race.

We've also seen how effective language can be in shaping opinion and practice in areas from politics to marketing consumer goods. As described in a blog on the public area of the COPAA members website, attorneys Mark Martin and Jennifer Laviano propose a new way of talking about what we have always called "special education" and its related areas.

Among the changes they propose are using "civil rights" to refer to this this area of law and advocacy. So, an attorney would not be a "special education lawyer" but, instead, would be a "civil rights lawyer."  Students who are suspended or expelled can be better described as being "excluded from class and from learning." When children are removed from class they are being "segregated." And children don't need special services, they need a "meaningful education."

As the blog authors note, it is time that students and families and the attorneys and advocates who work on their behalf  "have the rights, respect, and equality to which they are entitled." Using language that more accurately conveys the rights of students and the roles of their supporters is one step in that direction. We agree.

It's IEP Season Again

For students who receive special education services from their public schools, Spring is IEP (Individual Educational Program) season, the time when school districts focus on reviewing annual goals and progress and putting in place students' IEPs for the next school year. If your student has an upcoming Annual Review, here are some things to keep in mind to help the process along.

If possible, sit down with your child's teacher before the IEP meeting. Get a frank appraisal of how things are going, where your child is doing well and where he is struggling. You want a chance to speak to the teacher without the entire IEP team present and to find out if there are any issues that may come up at the meeting.

• Speak to your child about how the year has been going. What seems to be working well for her? How is she managing socially in her present setting? If your child is pulled out of class for services is that impacting classroom continuity for her?
• Know what you want for the coming year. Is there a particular service that you believe needs to be added for your child? A classroom accommodation? A new or modified goal?
• For high school students, the IEP meeting should include a review of your student's current accumulation of credits towards graduation, as well as what kind of diploma he is on track to receive. You should be aware of whether your child is required to take a foreign language to graduate and understand what it means to be "foreign language exempt."
• Consider bringing your teenager with you; it's his IEP and he will need to be prepared to deal with his learning or other disability by the time he graduates. Clearly, not every student has the maturity or ability to participate in a meeting where his challenges are discussed and schools can often discourage parents from bringing their child, but they cannot exclude students and the IDEA stresses that high school students should be included in meetings where their transition from high school is planned.
• Bring along paper and pen and take notes about who is in attendance and what is said and decided. If it is difficult for you to both take notes and participate in the meeting, you should bring someone with you to be your notetaker. By law, you have the right to bring anyone you wish to the meeting.

Remember that you are an integral member of the IEP team and that you can and should be heard at the meeting.

Advocates for Children of New York

We are extremely pleased about our recent partnership with Advocates for Children of New York. AFC's mission is to promote access to the best education New York can provide for all students, especially students of color and students from low-income backgrounds. We are working with AFC to help deliver our innovative educational assessment program to a small group of young people in need of educational support, and hope to expand our collaboration with this important and inspiring group in the future.

AFC, "fighting for the rights of students since 1971," provides free or low cost individual legal advocacy assistance for families and children who are having difficulty obtaining appropriate educational services -- including special ed, disciplinary, and other types of issues. They also work to ensure that children in the foster care system or whose families are homeless do not lose out on their education because they are moving from place to place.

Advocates for Children produces informative guides for parents on issues such as grade holdovers, the educational rights of immigrant families, and children with behavioral issues. Information is available in multiple languages. The organization has served as the lead counsel on a number of groundbreaking lawsuits that have helped to secure the rights of New York City children, and conducts over 40 different training workshops on education law and child welfare issues.

Advocates for Children of  New York provides a free education helpline, Monday through Thursday from 10 am to 4 pm at 1-866-427-6033. Parents can call and speak directly with an attorney or advocate at no charge.

Read about some of their success stories here.

COPAA

COPAA, the Council of Parent Attorneys and Advocates, is having its annual conference in San Antonio, Texas this weekend. This national nonprofit offers extensive resources for parents and others who are trying to help their own or other children obtain special educational services from their public school system. Its stated mission "is premised on the belief that the key to effective educational programs for children with disabilities is collaboration -as equals- by parents and educators."

We've written a bit about COPAA before, but it is such a helpful resource that we want to spread the word about the information and supports it offers. The scope of issues COPAA deals with range far beyond the learning issues faced by the families with whom we work. They include children with physical and emotional difficulties, as well as those on the autism spectrum. But the laws that govern all of these students are the same -- the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973.

COPAA members communicate with one another through two separate listservs -- one for attorneys and one for parents and lay advocates. The listservs allow parents, advocates, and attorneys to seek guidance about specific issues that they are facing and to offer information about best and worst practices they have encountered in their local area. New court decisons impacting education are quickly shared, and COPAA maintains an archives with forms, court cases, and legal briefs that can be accessed by its members. This is not an organization for school attorneys or school employees; COPAA specifically excludes such individuals from membership.

One feature we often utilize when working with families from far flung parts of the country is the "find an attorney" feature, which lists attorneys throughout the country who focus on special education law. Take a look at the COPAA website and bookmark it for future reference. And if you will be anywhere near Texas this coming weekend, you might find the COPAA Conference a good way to spend your time.

Some Favorite Things

It's time to take another look at books, websites, and programs that families whose children struggle in school may find helpful. 

A Guide to Special Education Advocacy, by Matthew Cohen, an attorney and disability rights expert, "describes a complicated and sometimes adversarial process as clearly as is humanly possible," according to a reviewer. We think this is a terrific guide for families seeking to navigate the special education process and like its information about the "alphabet soup" language parents will encounter and its "how to" advice with practical examples.


Advocates for Children of New York, which we have mentioned a number of times for the important  work they do to "promote access to the best education New York can provide for all students, especially students of color and students from low-income backgrounds," is offering a series of free programs at their Manhattan offices this fall on topics such as Attention, Transitioning From High School, and How to Develop and Read an IEP. Space is limited.

We like to check out the website LD Online for articles for parents, educators, and students on all sorts of issues relating to education and learning differences. We are never quite sure what we will find, but it is a worthwhile visit. Educators may find the extensive list of resources on learning differences on the website of The Center for Learning Differences to be helpful. This same website contains lots of information for parents on the basic steps in the special education process.

Parents interested in a specific topic relating to advocacy or working with their school may find the website Wrightslaw.com helpful. We love their information, including the full text of important court cases and solid explanations of important laws and principles, but wish this site were easier to navigate and search. Still, it remains an important resource for those with the patience to sort through the clutter.

For families of high school or college students, the website of the Heath Center at George Washington University lives up to its description as a clearinghouse of information for post secondary education for individuals with disabilities. Not all of its information will be relevant for students with learning differences, since they deal with all sorts of disability issues, but they have so many resources to recommend, that it is a worthwhile starting point for your college search.

When to Take on Your School District

Parents often ask what they should do if they don't get what they want from their child's school. Do they fight? Do they accept what the school is offering? How can they decide what is the right thing to do?

The excellent website Wrightslaw deals with this very issue in their newest newsletter, looking at what issues parents need to consider when they are trying to decide whether to "Settle or Fight?"

The answer to the question is different in every circumstance, but there are some basic principles that families should consider when faced with this issue. The first is to understand what they can expect their child's school to do for them. The Individuals with Disabilities Education Act (IDEA) only applies to students who have been diagnosed with specific disabilities and that require special education services because of such disabilities. So, even if your child has a disability, the school may decline to classify him or her as eligible for services under the IDEA (although he or she may be covered under another law known as 504) if your child is doing well in school. The standards for this determination are shifting and some states are more difficult to deal with than others.

Even once a child is classified as eligible under the IDEA, you may not be satisfied with the services set out in your child's IEP. Here it is important to remember that the standard of education the school must provide your child is not optimal but appropriate, sufficient to permit your child to advance from grade to grade. As parents, we all want the best for our children but, unfortunately, schools are not required to provide everything we think our child should receive.

We encourage parents to think about whether their child's IEP is not adequate, or is not being properly implemented. If the IEP on its face is a good one, sometimes going back to the head of the IEP team and pointing out the school's failure to do what it promised can help get things on track. But if the offer of services is substantially short of what you believe your child requires, that may be a situation where you need to appeal to a Hearing Officer or State Review Officer (depending upon your state) to seek additional services or a different placement for your child.

Then there is the unpredictability and expense of litigation. Appealing to a Hearing Officer requires compliance with specific rules and is somewhat like a trial. We always suggest that parents use an attorney or an advocate if they are going to do this. One resource for finding an attorney or advocate is the website of the Council of Parent Attorneys and Advocates, COPAA. Parents who have decided to fight for what their child requires have helped carve out important new rights for children who struggle. There is much to consider when parents are deciding what to do and often a skilled attorney or advocate can help lay out the potential costs and benefits.

Educating Parents

Whether you are just beginning the process of seeking services for your child who learns differently, or whether you are an old hand, with drawers full of files, reports, and IEPs, you may find that you wished you knew more about how to advocate for your child. There are a number of resources that provide programs aimed at helping parents understand the laws that apply to their children and to advocate for their childrens' educational needs.

The Technical Assistance ALLIANCE for Parent Centers is by the funded by the U.S. Department of Education’s Office of Special Education Programs (OSEP). It includes state-by-state listings of Parent Training and Information Centers . To give you an idea of some of the resources these Centers provide, take a look at the offerings from two New York City organizations we have mentioned before -- Advocates for Children (which will offer their workshops to schools and community groups) and Resources for Children with Special Needs (which has scheduled programs on different topics throughout New York City). There is no charge for these programs.

Other parent training programs are available, for a fee, through private companies. These include Wrightslaw, which is a resource we have mentioned before for helpful information on special education and related issues. The more you know, the better you will be prepared to deal with issues surrounding your child's education.

Student, Know Thyself

Does your son know if he has an IEP or a 504 Plan? Can your daughter explain to her teacher why her learning difficulties require accommodations? Has your 14 year old read his IEP?


Clearly, the age of your child and the nature of their learning problem will determine when and whether he or she should know this information. But we have encountered students about to begin college who really don't understand their own learning issues and haven't had to advocate for their own learning needs or special accommodations. We believe that every family with a student who has learning differences needs to commit to educating their child about his learning style, understanding his strengths and weaknesses, and knowing the strategies that he requires to succeed in the classroom.

Even in elementary school, students should be able to describe their strengths and interests: "I'm really good at math and I like music alot!" They should also be aware of where they struggle and what strategies they need to do to deal with their areas of weakness: "Sometimes I have problems paying attention in class. I do better when I sit in the front of the room and I sometimes have to get up and walk in the back of the classroom to help me stay focused. "

By middle school, most students should be encouraged to attend their IEP or 504 Team meeting. They can offer their own view on what works for them and what doesn't and raise concerns that their parents and teachers might not consider, such as the social impact of pull-out services or the difficulty they are having getting to their locker. We know that it is often hard for parents to sit through these meetings and hear their child talked about in terms of diagnoses and scores. But for many students, having a chance to participate in planning their own school lives is an important benefit.

High school students should be practicing their advocacy skills. Those who will be moving on to college will not have mom or dad to arrange for test accommodations or to intercede with their professors. They should be encouraged to meet with their teachers and to take the first steps to raise questions and concerns about their IEPs, accommodations, and future plans. By being given a chance to handle many issues on their own, they will be better equipped to move on to college, and then the workplace, as an effective advocate for their own needs, and with a clear sense of what they need to be successful.

Council of Parent Attorneys and Advocates

The Council of Parent Attorneys and Advocates (COPAA) is a resource every parent with a child who needs special school services should know about. COPAA was founded in 1998 and its members are attorneys, special education advocates, and parents who are advocating on behalf of their own child. COPAA is actively and specifically pro-child. It will not accept as a member anyone who works or who has recently worked for a state or local department of education or who is on a school board that is involved in legal action against a parent.

Although it offers special services and information to its members, the COPAA website has numerous public resources that can be helpful to families. Perhaps most useful is its "find an attorney or advocate" feature which lets parents locate COPAA members in each state who can represent families seeking services from their local school district, help with "Carter" funding, or help with other educational issues, such as school disciplinary procedures.

COPAA is also an active voice in special education advocacy, and the public areas of its website contain information about its "friend of the court" briefs in legal matters and the work of its Washington, D.C. office in helping Congress shape legislation that will help our children. There is also an extensive list of resources that parents, advocates, and attorneys will all find helpful.

COPAA is holding its next conference in St. Louis in March. There will be training sessions for all levels of knowledge and opportunities for networking with others who share a commitment to helping children. If you decide to attend, look for our own Susan Yellin, an attorney and the Yellin Center's Director of Advocacy and Transition Services, as well as a proud COPAA member.

Your Advocacy Backpack

Students heading off to college in the next few days have been packing their bags and loading the car with all sorts of items to improve their dorm room and their academic work. One item that is crucial to college success for every student, especially for those who need academic accommodations because of learning or attention difficulties, is something we like to call an Advocacy Backpack.

For students who don't need to arrange special accommodations with professors, or to deal with the college Disabilities Services Office, the Advocacy Backpack is a small to medium sized bag. What should it contain?

• An understanding of how you learn best -- Do you follow a lecture better when you take notes, or when you listen and review written materials later? Do you tend to do your work at the last minute or are you someone who can break it into chunks and work on it over time?


• A sense of what kind of work environment you need -- Can you work while your roommate plays loud music, or do you need a quiet spot to concentrate? Or maybe you are the one who needs music to study.


• The recognition that ignoring a problem -- a late paper, a missed class, or an assignment you don't really understand, is only going to make things worse down the road.

If you are one of these students, you need to take steps to maximize your effectiveness and create a positive work environment. This may mean working with another student who likes to take notes, or arranging a living situation that is conducive to studying, or speaking to a professor about a difficult situation or assignment.

For students who have learning or attention difficulties that require assistance from the college's Disability Services Office, a larger Advocacy Backpack will be required. This backpack will contain all of the items for students without specific learning issues, plus some important additions. You will need:

• Documentation acceptable to the school to provide you access to accommodations.


• An understanding of Section 504 and the Americans with Disabilities Act, the two laws that give you specific rights to accommodations.


• Contact information for the individuals in the Disability Services Office whose job it is to assist in planning your accommodations.


• Information about what your school requires to set up special testing settings, such as quiet rooms or extended time to complete an exam.

So, have fun picking out a colorful quilt and a terrific study lamp. But don't forget to pack your Advocacy Backpack too.