A Parent'S Guide To Special Education And Related Services: Communicating Through Letterwriting

Part 2

Source

National Information Center
for Children and Youth with Disabilities

Contents

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Requesting Services: A Guide To Letter Writing

Q: What do I do to request services?

A: Each state and school district has its own guidelines for special education. Again, it is important for you to ask your Director of Special Education or your school principal to explain them to you. They will also provide you with written guidelines.

These guidelines will tell you exactly what you have to do to request services. It's a good idea to put all your requests in writing, even if it's not required by your school district. A letter will avoid confusion and provide everyone -- you, the school, and evaluation team -- with a record of your request. ALWAYS KEEP A COPY OF EACH LETTER YOU SEND.

Q: How long does it take to get an answer to my letter?

A: It is useful to remember that if you write to a large organization, there may be several people who will handle your letter before it gets to the person to whom it is addressed. Mail is often opened by someone who sorts letters and puts them in the appropriate mail slots at school or in the office. A secretary may collect mail from the boxes and sort through to answer all general requests or other non-personal mail. Then your letter may be moved to the right person's mail box, and he or she will pick it up within a few days, depending on the time of year and other work in progress. Obviously, smaller offices will have fewer steps and very large offices may have more.

(Thus, response time will vary.) Often state or school district guidelines specify the amount of time a school has to respond to your request. Although the federal law states that schools must respond in a "timely manner" or within a "reasonable" period of time, most states and districts actually define this period by days. If you have not heard from the school within 10 working days of sending your letter, it is certainly all right to phone the office to make sure your letter was received and to ask when you can expect an answer. If you have asked for a meeting or other services which may require coordinating with several other people, it may delay the response to your request.

If you need a letter answered in fewer than 10 working days (for instance if you are moving or if your child's health suddenly changes), it might be useful to call the office and let them know that you have sent a letter and would like a response as soon as possible (or by a specific date). That way, the staff can speed up the process a bit.

Q: To whom do I address my letter?

A: This will depend on the type of request you are making in your letter. Call your child's teacher or school principal, explain the type of request you are making (e.g., request for an initial evaluation of your child or for a meeting to review your child's IEP), and ask who should get the letter. The principal is responsible for activities in his or her school, and you can address certain letters to your child's school principal. In some instances, you might find that the letter should be sent to the local Director of Special Education. Call to make sure of the spelling of the person's name and his or her correct mailing address. Also, remember to make a copy of your letter to send to your child's teacher, so that he or she will be aware of what is going on and know your concerns.

Q: In general, what do I say in my letter?

A: When writing any business letter, it is important to keep it short and to the point. Ask yourself these questions, answer them for yourself, and state them in your letter:

• Why am I writing this?
  
  
• Specifically, what are my concerns?
  
  
• What would I like the person to whom I'm writing to do about this situation?
  
  
• What are my questions?
  
  
• What sort of response do I want: a letter, a meeting, a phone call, or something else?
  
  

Q: What else do I need to say in my letter?

A: Each letter you write should have certain basic information included.

• Be sure there is a date on your letter.
  
  
• Be sure to give your child's full name and current class placement.
  
  
• Say what you want, rather than what you don't want.
  
  
• Be sure to give an address and/or daytime phone number where you can be reached.
  
  
• Be sure there is a question or request in the letter, so that the person to whom you are writing can answer you.
  
  

The remainder of this Parent's Guide presents sample letters to help you approach this task. The letters address some of the many reasons parents may have for writing, including when you want to:

1. Discuss a problem.
   
2. Request an initial evaluation for special education services.
   
3. Request a meeting to review the IEP.
   
4. Request a change of placement.
   
5. Request records.
   
6. Request an independent evaluation.
   
7. Request a due process hearing.
   
8. Write a follow-up letter.
   
9. Give positive feedback.
   
   

Sample Letter 1: This is a general letter format for discussing a problem.

Today's Date (include month, day, and year)

Your Street Address
City, State, Zip Code
Day time telephone number

Full Name of Person to whom you're writing
Title
Name of School/Organization
Street Address
City, State, Zip Code

Dear (name of person, use title and last name),

In this paragraph explain who you are, give the full name of your child and his or her current class placement, and, VERY BRIEFLY, explain the reason you are writing.

In this paragraph explain what you would like to have happen or what you would like to see changed. You may BRIEFLY say what you would not like, but spend most of this paragraph saying what you want.

Say what type of response you want. For instance, do you need to meet with anyone, do you want a return letter, or a phone call?

Finally, give your daytime telephone number and let them know that you expect to hear from them soon (or give a date, "by the 15th").

Sincerely yours,

Your full name

Q: Can anyone help me with this?

A: Yes. There are many people who can help you with letter writing and other tasks relating to your child's special needs. Parents and professionals have discussed similar issues for many years. You can profit from their experience by talking to them and reading what they have written.

As always, be sure to keep a copy of your letter for your own files.

There are disability and parent organizations in every state that can help. Local chapters of state, regional, and national organizations also can work with you. Most states have a federally-funded Parent Training and Information Project; the staff there can help explain the laws, policies, and procedures of accessing special education programs. Members of disability organizations are families and professionals who are concerned with issues of a specific disability. State offices, like the State Education Agency, Developmental Disability Council, or Mental Health Agency, can also explain procedures. Many states now are funding parent resource centers in local school districts. Ask your Director of Special Education if there's a local parent resource center in your area.

NICHCY's State Resource Sheet lists a selection of state agencies, disability organizations, and parent groups. If you need more information or contacts in other areas, call or write NICHCY.

Sample Letter 2: Request for an Initial Evaluation for Special Education Services

Sample Letter 3: Request for a Meeting to Review the Individualized Education Program (IEP)

Note: The Individualized Education Program defines your child's program. As you know, each year there is a regularly scheduled IEP review; however, you can request a review whenever you feel changes need to be made in your child's program.

Q: What might be some reasons to request an IEP review?

A: You may want to request a review if:

• Your child has met one, or several, of the goals written in the IEP;
  
  
• Your child does not seem to be making any progress toward one, or several, of the goals written in IEP;
  
  
• You feel additional services should be added in order for your child to progress;
  
  
• You feel a service is no longer necessary in order for your child to succeed;
  
  
• Your child has experienced major changes, such as illness, surgery, or injury.
  
  

Sample Letter 4: Request for a Change of Placement

Q: What might be some reasons to request a change in your child's class placement? (Remember placement is based on the IEP, so to request a change in placement means that you are actually requesting an IEP review to discuss a change in your child's needs.)

A: The reasons for requesting a change in your child's placement would be based on concerns that your child's educational, social, or physical needs are not being appropriately met. A review of your child's progress, talks with your child's teacher(s) and therapist(s) as well as discussing this with your child, when appropriate, would reveal that this placement needs to be reconsidered and the IEP reviewed.

These placement concerns might include:

• Changes in your child's needs;
  
  
• Current class size may be too large or too small;
  
  
• Current class may be too academic or not academic enough;
  
  
• This class may not provide opportunities for appropriate socialization;
  
  
• The building may be too difficult for your child to get around;
  
  
• Or any other reason that this class placement is not working out successfully.
  
  

Sample Letter 5: Request for Records

Q: What might be some reasons to request copies of records?

A: School records contain valuable information about your child's strengths and areas of need. These records can provide a formal system of communication between the professionals at your child's school and other professionals who need this information.

Here are some reasons that may motivate you to request copies of the records:

• It's always a good idea to review your child's school records to be sure they are correct and contain all necessary information.
  
  
• When your family is moving to a new school district, records may need to be sent.
  
  
• When you're taking your child for an independent evaluation, copies of past records may be useful.
  
  
• Services or other programs your child attends, like camp, tutors, or in-hospital schools, may find these useful in designing their activities.
  
  
• Postsecondary programs may need to see copies of your child's records.
  
  
• For your home files, especially if your child is finishing school.
  
  

Sample Letter 6: Request for an Independent Educational Evaluation at Public Expense

Q: What might be some reasons for requesting an Independent Educational Evaluation (IEE) at public expense?

A: It is not uncommon for families to feel that their child may need additional tests or feel that the school's testing results did not accurately describe the child. Parents may want additional medical examinations or may be interested in areas the school staff did not test. You can, therefore, always have your child tested outside the school system.

However, if you expect the school to pay for an IEE, then you will need to request this BEFORE any independent testing is done. Some reasons the school may accept financial responsibility for an independent evaluation include:

• The original evaluation was incorrect;
  
  
• The original evaluation was not done in your child's native language;
  
  
• The original evaluation was incomplete and additional tests are needed;
  
  
• The evaluation could not be done with the needed accommodations, for example in braille or administered by someone who signs.
  
  

The school may disagree with your reasons for wanting additional testing. They may feel they have conducted the necessary tests in a proper manner. If the school disagrees with your request for an IEE at public expense, and you still feel the IEE is necessary and that they should accept financial responsibility, you can request a due process hearing.

Sample Letter 7: Request for a Due Process Hearing

Q: When and how should I initiate due process procedures?

A: While the school system may readily comply with your request to evaluate, re-evaluate, or meet to review the IEP, that doesn't necessarily mean that you will get the outcome you want. At the meeting you requested to discuss changing your child's placement the school system may not agree with you. They may feel that your child is in the most appropriate placement. Or at the IEP meeting you request in order to change the goal(s), add services, the school may not want to make these changes or additions because they believe that they are not in your child's best interest or are not appropriate.

If the school staff has communicated its thoughts and you have communicated yours and you both understand but disagree, you may want to consult with specialists, a mediator, or other persons to try to compromise. Remember: The goal is to provide an appropriate education for your child. There are many options on what is an appropriate education, and some trial and error may be necessary to develop a successful program for each student.

Sometimes compromise and further discussion do not lead to agreement between parties, and you may want to request a due process hearing. A due process hearing is a formal proceeding where the differences between you and the school system are shared in front of a qualified, impartial hearing officer. The hearing officer's role, after hearing both your side and the school's side, is to make a reasonable decision based on the information presented.

Your letter requesting a hearing should be sent to the person in charge of due process hearings. This may be the Superintendent of Schools or the Director of Special Education, or another designated school official. Call the Director of Special Education in your school district to find out the name, title, and address of the person responsible and address your request to this individual. Your letter will then be given to a selected hearing officer. It is the hearing officer who will be responsible for establishing the date, time, and place of the hearing.

* "cc:" means that you are sending a copy of this letter to the people you list after the "cc:". Xerox the letter after you have signed it, and send a copy to each person you have listed.

Q: What do I do when things break down?

A: Hopefully everything will go relatively smoothly and this section can be ignored. Now and then things fall between the cracks or people don't see eye to eye, and then other steps can be taken, if desired.

Once you have written a letter requesting an evaluation, an independent educational evaluation at public expense, an IEP review, a meeting of any kind, or a hearing, you should get a response from the school system either by telephone or in writing, within a reasonable period of time. In some cases, "reasonable" is defined, but in other cases, the timelines are not exact. So be reasonable. But if you feel too much time has passed without receiving a response to your letter, then call and ask if your letter of request has been received. If you are sure the school has received your letter (some parents send their letter of request by certified or registered mail), then ask when you can expect to hear from them. More than likely, when you call you will talk to a secretary or administrative assistant. Ask that the superintendent, principal, or teacher call you back.

If your request still goes unanswered then you may want to write again. It would be useful to enclose a copy of the original request with this letter. Be sure not to send your only copy; remember, you will always need to have a copy for your records.

Sample Letter 8: Follow-up Letter

If problems continue, there are additional steps which can be taken. If you feel your child's needs are not being met even after the due process hearing, there are very specific ways of addressing this. There are people you can contact to discuss the most effective next steps. In many cases, this may involve legal or other professional help and requires more in-depth and individual attention than can be covered in this Parent's Guide.

You can contact the Protection and Advocacy Agency for your state or the Parent Training and Information Project for further information. Both are listed on NICHCY's State Resource Sheet. You can also write or call NICHCY, and ask for assistance.

Writing letters is an important part of communication. As your son or daughter goes through the school years there may be many occasions to send letters. In advocating for your child's needs it is important to be able to say what you want in a short and to-the-point written document.

By communicating your thoughts, ideas, and concerns you will be defining your child's needs. By emphasizing the positive aspects of your child's educational experience you will develop a good working relationship with the professionals in your child's life. By being able to express what would work rather than by spending time and energy reviewing what didn't work, you will become a strong advocate for your child.

When goals are well defined and needs are clearly stated, success is possible.

Once you've begun to write letters, be sure to write when things are going well too! If a program, teacher, therapist, or other school staff member has provided an excellent opportunity for your child: Write a letter. We all like compliments and encouragement. Positive feedback is what keeps good programs running well. Just as you want to know "how it's going" so does the school staff.

Good communication, good team work, and effective school programs and policies take work. There's an old saying that states, "Things can go wrong all by themselves, but you have to work to make things go right."

Be sure your teacher(s), principal, and superintendent hear from you when things are going right too.

Sample Letter 9: Positive Feedback Letter

The Special Education Process

This chart shows the order of events from identification of a disability through development of an IEP. For a description of each stage, refer to the corresponding numbers following the chart.

1. Referral/Request for an Evaluation
   
   
2. Evaluation
   
   
3. Eligibility Meeting
   
   
   • Not Found Eligible
   • Found Eligible
     
     
4. Individualized Education Program and Placement Meeting
   
   
   • Parents Disagree
     
   • Parents Agree
     
     
5. Annual IEP Meeting
   
   
   • Parents Disagree
     
   • Parents Agree
     
     

The following statements correspond with the numbers represented on the flow chart above.

(1) This can be made by parents or a professional. If a professional requests an evaluation, then the school or service provider must notify parents in writing.

(2) Parent permission is needed for the initial evaluation. The evaluation must assess the child in several areas.

(3) The results of the evaluation are reviewed by a team of school personnel involved in educating students with special needs. This team usually includes a school psychologist, a teacher, a therapist, a special education supervisor, and/or administrator and others. Parents may be invited to attend this meeting. At the eligibility meeting it is determined whether or not the child is eligible for special services.

(4) The child will stay in his/her current placement. Parents can disagree with the eligibility decision and have the right to take their child for an Independent Educational Evaluation (IEE). They can request the school system to pay for this IEE if they feel the initial evaluation was not properly done.

(5) Parents must be invited to attend this meeting. At this meeting the child's special education program is written. The IEP includes the goals and objectives of the child's program, types of specialized services that may be needed, and the amount and time he/she will spend in regular education activities.

Where the IEP is to be implemented is also determined at this meeting. This is known as the placement. Placement must be in the least restrictive setting appropriate for the child. This is called LRE or Least Restrictive Environment. Placement could be in the regular classroom with needed support services, a resource room for a specified amount of time, a self-contained class, or a separate facility.

Parents have the right to agree or disagree with the IEP and proposed placement.

• Parents may discuss their concerns with the IEP team and try to work out a compromise. If they still disagree, parents can begin their Due Process Rights.
  
  
• At an IEP meeting the child's progress is reviewed, the IEP is updated, and the child's placement is discussed. Parents must be invited to attend. Parents can make suggestions for changes, agree or disagree with the IEP goals, and agree or disagree with the placement. This meeting must take place at least once a year. Parents or school personnel can request an IEP and placement review at any time.
  
  
• Parents can discuss their concerns with the special education staff and review team. There are several options, including additional testing, an independent evaluation, or other activities which are in keeping with parents' Due Process Rights.
  
  
• The child will continue in the special education program with the updated IEP. There will be an IEP review each year and an in-depth re-evaluation at least every three years.
  
  

Additional Resources Available From NICHCY

The following materials are available from NICHCY. They may be helpful to you in gaining a better understanding of the special education process, laws, and how to access services in your area. All of these materials are available free of charge.

• Questions Often Asked About Special Education Services.
  
  
• Individualized Education Programs (IEP).
  
  
• NEWS DIGEST: The Education of Children and Youth with Disabilities: What do the Laws Say? (Volume I, Number 1, 1991).
  
  
• NEWS DIGEST: Related Services for School-Aged Children with Disabilities (Volume I, Number 2, 1991).
  
  
• NEWS DIGEST: Questions and Answers about the Individuals with Disabilities Education Act (Volume III, Number 2, 1993).
  
  
• NEWS DIGEST: Assessing Children for the Presence of a Disability (Volume IV, Number 1, 1994).
  
  

To order, contact NICHCY:
NICHCY
P.O. Box 1492
Washington, DC 20013-1492
1-800-695-0285 (Voice/TT)
(202) 884-8200 (Voice/TT)