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Ask an Expert: Judy Goddess
Using California School Law To Advocate For Your Kids

My eighth-grade son has Attention Deficit Disorder, but medications aren't helping. He failed summer school and almost every class last year. I'm having a real struggle with him, but I don't believe he needs an Individual Education Program (IEP). He tests above average academically. What else can I do?

Test scores have very little to do with placement in special education. And don't let labels such as "special education" or "IEP" scare you. Students with Individual Education Programs can have a variety of problems. Some are very bright but disruptive, others have physical handicaps, and so on.

I'd write the school and ask for an SST (Student Study Team) meeting. This provides opportunity for you, his teachers, and other appropriate staff to discuss your child's progress and determine how to modify the regular program to provide a better learning environment for him. By sharing knowledge and brainstorming, the SST may generate ideas to help your son remain in regular classrooms, even if he gets help from a special education teacher.

If the team recommends an assessment for special education, this doesn't mean your child's education is out of your control. Parents have considerable rights regarding IEPs, including the right to participate in their development, present information, be informed of options, etc. Most important, your son cannot participate in special education (nor can the school receive money to provide him with special services) without your written approval of the IEP.

You're allowed to bring someone—an advocate, attorney, outside specialist, friend--to the SST and IEP meetings. It's helpful to have an ally in what can be a stressful situation. You also have the right to tape the meeting if you notify the school 24 hours beforehand.

I recommend that you contact the California Department of Education, Press Sales Office, PO Box 271, Sacramento, CA 95812-0271, for a copy of California Special Education Programs: A Composite of Laws. This helpful guide costs $24 but is free to parents of children in or eligible for special education.


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