to get the file - Selective Mutism Group

Due ProcessWhen you file for Due Process, you are requesting that formal court action be taken tohear your case. Most states will request that you attempt mediation before going to court.Mediation is non-binding to either party, but is usually successful in reaching anagreement and avoiding court. The benefit of mediation is that it is not as formal andmay be quicker in getting services for your child and you can still refuse to accept themediators proposal and go on to court. The negative about mediation is now you haveshown the district your cards and they can better prepare their case against you.On May 21 st the Supreme Court ruled in the case of Winkelman vs. Parma City SchoolDistrict that parents may represent their children’s interests in special educationcases, and do not need to hire an attorney.Complaint ProcessYou want to file for Due Process if the school district does not agree to provide yourchild FAPE in the LRE through the IEP process. If the district has violated FAPE in theLRE by failing to provide your child appropriate services then it is imperative that youfile a complaint with your state’s department of education. You must file the complaintto support your child and every other child in the school district. You know that thedistrict is in violation so it is your civic duty to file the complaint in support of all thechildren out there who do not have parents as savvy with the Special Education Law asyou are now. The State will usually carry out an independent on site investigation andmust issue a written decision within 60 days after the complaint is filed.The IEP Team MeetingAgree in writing to the time of the meeting…make sure that enough time is allocated forthe meeting…at least 90 minutes.If at the end of the meeting you are not satisfied that your issues were adequatelyaddressed, don’t rush, request that a continuation meeting be scheduled.You can call an emergency IEP meeting at any time…you don’t have to wait for the nextannual meeting.IEP Meeting PreparationNotify the case manager in writing that you will be audio taping the meeting at least 24hours in advance of the meeting.3

Ask for copies of all assessments to be received at least 5 days before the IEP date.Read through assessments and call appropriate people to ask your questions before themeeting to save time at the meeting and better prepare your goals.Prepare a written background of your child and description of Selective Mutism for theIEP team. Include the DSM-IV (Diagnostic and Statistical Manual for Mental Disorders-Fourth Edition, Section 313.23) definition if team member are skeptical about the validityof Selective Mutism. The DSM is published by the American Psychiatric Associationand is the most widely used psychiatric reference in the world.Think about what you want for your child and make notes for yourself.During the IEP MeetingRemember not to ask for what is “best” for your child, but what is “appropriate” this iswhat you are due under FAPE. Focus on your goals and avoid tangents.Request accommodations that will make your child feel more relaxed and comfortable inthe school setting. Think about your child’s “scariness hierarchy” and include babysteps as goals (desensitization/fading). Focus on the things that are least scary to yourchild. For example, ask teacher to limit direct questioning that requires more than just ayes or no nod and limit direct eye contact, request that child work only in very smallgroups, be assigned a buddy to go to the restroom, choose his/her own desk, get to knowthe teacher before the school year starts, additional time for completing assignments ortest taking.Request school district to pay for outside services if there are no school district personnelwith Selective Mutism expertise available to support your child. Research servicesavailable through the “Selective Mutism Anxiety Research & Treatment” (SMART)Center, and request appropriate services for your child to be paid by the school district. Ifyou are denied a request, put your dissent in writing and ask the district to respond toyour request in writing denying your request (great for proving lack of FAPE at a laterdate).AccountabilityYou must be provided feedback of your child’s performance on the IEP goals at least asfrequently as the general education report card periods.If an IEP goal is not met and the date is just moved out in the future this is not FAPE.More of the same approach is not FAPE. The district must provide a different strategy.IEP goals must be SMART (Specific Measurable Action oriented Realistic and Timespecific).4

Federal Disability Codes (Eligibility Criteria)Just as you fought for an IEP for your child, insist on the appropriate federal disabilitycode. Your child will receive greater services and attention under “Other HealthImpaired” (OHI) than under the “Speech” code. Some children with SelectiveMutism are using the “Seriously (severely) Emotionally Disturbed” (SED) code, but Idon’t see any advantage to this code over the OHI code and there is increased stigma tothe SED code.IEP Team CompositionThe IEP team must be composed of at least the parent, general education teacher,special education teacher (if appropriate), representative of the Local EducationAgency (administrative representative) who is qualified to provide, or supervise theprovision of, specially designed instruction to meet the unique needs of children withdisabilities, is knowledgeable about the general education curriculum; and isknowledgeable about the availability of resources of the Local Education Agency, anindividual who can interpret the evaluation results. Bring your own advocate to theIEP meeting…anyone you want who can support your goals…you may be quiteemotional and it would be nice to take some of the pressure off of you and to keep youfocused.Parent must agree in writing if a team member is to be excused. If a team member leavesan IEP meeting in progress, document on the signature page the time that the teammember left the meeting.Write in your notes who is attended the meeting. Make sure that when you receive thefinal signed IEP that there are no signatures of people who were never in attendance.Student RecordsThe Procedural Safeguards state that the parents of a child with a disability must beafforded, in accordance with the procedures of sections 300.6113 through 301.621, anopportunity to inspect and review all educational records with respect to theidentification, evaluation, and educational placement of the child; and the provision ofFAPE to the child. At least annually, review all educational records for your child. Not5

just the CUM file located in the school office, but all records. In my school district it iscalled the “container”…it is just a bunch of folders, there is no “container” as such, butthis is what it is called. When I went to the school office, I was given the office CUMfile only; the office staff was unaware of any additional records. There was not a copy ofmy child’s current IEP in the CUM file. When I made a written request to the CaseManager, I received stacks of files that I could just barely carry…some of the informationwas very interesting. There were notes and copies of assessments that I had not seenbefore. I just made a copy of anything that I didn’t have to add to my personal file. Byreviewing your child’s file(s), you are able to make sure that the most recent (and correct)copy of the IEP is available for school personnel to access and that you have knowledgeof all information that is retained pertaining to your child.Compiled by Stephanie Fimbres…a parent of a child with Selective Mutism who hasfound it invaluable to research our special education rights to advocate for our silentchildrenSelective Mutism Group-Childhood Anxiety Network, California CoordinatorChair of the Community Advisory Committee for Special Education, San Diego UnifiedSchool Districtsfimbres@prusd.com6