In Tips

Rochelle’s Special Education Tips

Everything’s Coming Up Roses-Unfortunately, Not This Week

Some weeks are better than others. But if everything was perfect, there would not be anything to write about. So here are some Tips for the week:


Do not stay silent during an IEP meeting when inaccurate statements are made. Speak up. Make sure the PWN/Minutes of the meeting reflect the inaccurate statement and the team’s correction. For instance, if a parent plays a video showing a child’s temper tantrum at home when asked to do homework, speak up and say that this behavior is never seen at school. Chances are that the parent is accompanying the playing of the video with an explanation that the child hates school and/or has anxiety about being in school.


If a student has been going around saying he is going to be going to a nonpublic school, make sure that is made known during the IEP meeting and captured in the PWN/Minutes of the meeting. While parents are not bound by the rule that there cannot be predetermination of a placement, it shows a lack of good faith when the parents have announced to the child that a nonpublic/private school will be implementing the IEP.


Do not state that you are planning the number and length of service hours around your schedules. If this is stated during the meeting, someone from the school system must speak up and say that the personal schedules of personnel are immaterial in the development and implementation of the IEP.


Do not eliminate special education services for a student in the area of reading just because the student completed an intervention. Instead, determine if additional intervention is required.


Rochelle’s Special Education Tips (“Tips”) Are Designed To Be Helpful And Thought Provoking, But Should Not Be Considered Legal Advice As They May Not Be Accurate For Use In All Situations. Tips Are Based On My Opinions And Positions In Accordance With Federal And Maryland Law And My Over 35 Years Of Experience In The Special Education Legal Field. – Rochelle S. Eisenberg, Esquire
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