What If I Want to Change my Child's Records?

Under the Family Educational Rights and Privacy Act (FERPA), a parent has the right to request that inaccurate or misleading information in his or her child’s education records be amended. For example, if you feel that your child's evaluation isn't correct and you have evidence to prove otherwise. While a school is not required to amend education records in accordance with a parent’s request, the school is required to consider the request. If the school decides not to amend a record in accordance with a parent’s request, the school must inform the parent of his or her right to a hearing on the matter. If, as a result of the hearing, the school still decides not to amend the record, the parent has the right to insert a statement in the record setting forth his or her views. That statement must remain with the contested part of the student’s record for as long as the record is maintained.

Parent's Request to Change Records – What the Law Says

"Amendment of Records at Parent’s Request 34 CFR § 300.618 and Tennessee Rules & Regulations § 0520-01-09-.22

If you believe that information in the education records regarding your child collected, maintained, or used under Part B of the IDEA is inaccurate, misleading, or violates the privacy or other rights of your child, you may request the participating agency that maintains the information to change the information.

The school district, upon receiving a request from a parent pursuant to 34 C.F.R. § 300.618, shall decide, within ten (10) school days of its receipt of the request, whether to amend the information as requested.

If the participating agency refuses to change the information in accordance with your request, it must inform you of the refusal and advise you of the right to a hearing for this purpose as described under the heading Opportunity For a Hearing."

WHAT THIS MEANS: If you'd like to change something on your child's record, you should notify the school (preferably in writing) that you'd like to change it. Once the school receives your request, they need to let you know within 10 school days whether or not they will change it. If the school decides NOT to change it, then you have the right to a hearing, and the school is responsible for letting you know that you have that right. 

Holding a Hearing – What the Law Says

"Opportunity for a Hearing 34 CFR §3 00.619

The participating agency must, on request, provide you an opportunity for a hearing to challenge information in education records regarding your child to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of your child.

Hearing Procedures 34 CFR § 300.621

A hearing to challenge information in education records must be conducted according to the procedures for such hearings under the Family Educational Rights and Privacy Act (FERPA)."

WHAT THIS MEANS: FERPA is a Federal law that protects the privacy of student education records. FERPA gives parents certain rights with respect to their children's education records. If you believe that your child's record has incorrect information (such as from an evaluation) and you requested that the school change it, and they did not do so, then you can request a hearing following the rules of FERPA. The school should have notified you of your right to this hearing at the time they denied your initial request to amend the records. To hold the hearing, you just request (preferably in writing) that you would like to hold it.

Hearing Results – What the Law Says

"If, as a result of the hearing, the participating agency decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the child, it must change the information accordingly and inform you in writing.

If, as a result of the hearing, the participating agency decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of your child, it must inform you of your right to place in the records that it maintains on your child a statement commenting on the information or providing any reasons you disagree with the decision of the participating agency.

Such an explanation placed in the records of your child must:  

1. be maintained by the participating agency as part of the records of your child as long as the record or contested portion is maintained by the participating agency; and 
2. if the participating agency discloses the records of your child or the challenged portion to any party, the explanation must also be disclosed to that party."

WHAT THIS MEANS: If, as a result of the hearing, the school agrees to make the changes they will do so and notify you in writing. If the school still decides not to amend the record, the parent has the right to insert a statement in the record stating their views. That statement must remain with the contested part of the student’s record for as long as the record is maintained.

For more information on FERPA and how to file a complaint if you feel your FERPA rights have been violated, click here:

US Department of Education: FERPA

Filing a FERPA Complaint

Diploma Options in Special Education in Tennessee

In the state of Tennessee, there are four different options for diplomas when you graduate from high school for students receiving special education services. These options are the regular diploma, the Alternate Academic Diploma (AAD), the Occupational Diploma, and the Special Education Diploma. If your child has an Individual Education Program (IEP), it is important to know the differences between these diplomas and what each may mean for your child's future. You'll also need to consider early on how taking alternate assessments in place of TCAP state testing will affect your child's diploma options when they get to high school.

Below is a chart created by The Arc Tennessee which shows some basic comparisons between the four diplomas. IDEA stands for The Individuals with Disabilities Education Act. This is the federal law that ensures students who receive special education services have access to a free and appropriate public education with supports and services to meet their individual education needs.

The Tennessee Department of Education recently put out a graphic to help schools and families determine the best path for each student. The second chart is new and particularly helpful. Just click on the image to open it up to a readable size.

1 Tennessee State Board of Education, High School Policy 2.104 https://www.tn.gov/sbe/rules--policies-and-guidance/policies.html 2 For additional information on the postsecondary opprotunities and considerations, visit the Parent Guide for Tennessee Diploma and Postsecondary Education Options at https://www.tnstep.org/uploads/files/STEP%20and%20TDOE%20Diploma%20and%20Postsecondary%20Options%20%20April%202018%20OS.pdf

3 Alternate Assessment https://www.tn.gov/education/assessment/alternate-assessment.html

You can learn more about the requirements for each of the diplomas from the Tennessee Department of Education at the following link (just scroll down and click on "Graduation Options"): https://www.tn.gov/education/student-support/special-education/special-education-secondary-transition.html

This chart from STEP TN gives more information about requirements for each diploma option, along with a student's post-secondary options for each: TENNESSEE DIPLOMA AND POST-SECONDARY INFORMATION

Why Inclusion is a WIN for ALL Students!

Graphic by: https://www.tndisability.org/

Many districts are trending toward including children with disabilities in the general education classrooms as much as possible, and this is a wonderful plan for everyone involved. Including students in the Least Restrictive Environments is indeed required by law. Typical children and teachers actually benefit from this scenario as well. Here's why:

1. Inclusion teaches everyone about diversity. A classroom that's rich in diverse cultures, religions, and languages can help all students learn about these differences from an early age and embrace them. The same goes for classrooms with different abilities and neurodiversity. Students (and teachers!) learn from one another, and including a mix of students in a classroom will help everyone grow together, learn from one another, and embrace the differences that make each of them unique and special.

2. Students' attitudes and perceptions will change for the better. Many classrooms find that the typical children in an inclusion classroom will develop a greater sense of empathy and selflessness when they share a classroom with a child with disabilities.

3. Students with disabilities reach more of their goals. The teachers in the general education classroom will typically have high expectations for all of their students, so with the right supports in place, a student with disabilities will strive to meet those higher expectations. They'll also have more opportunities to learn social skills from the modeled behavior of the others students in their class.

4. Teachers will learn more about how to teach differently. Whether a child has a disability or not, they can all learn in different ways. Including a diverse mix of abilities in a classroom helps the teacher refine their skills on teaching to a wide variety of learning styles. This benefits all children in the classroom.

It's particularly important to start thinking about your child's learning environment early on. The Individuals with Disabilities Education Act (IDEA) states that students should be placed in the least restrictive environment, even if supports are required to help the student succeed. It is best practice to start in a general education classroom and scale back on the placement if the student needs that, rather than beginning in a secluded special education environment and working toward a general education placement.

The IEP Team, which the parent is an equal part of, will make the placement decision that is best for the student. Your child’s general education teacher should always be a part of the IEP Team so that their regular classroom placement can be planned for success. Stay in touch with your child’s teachers so you know what is happening day to day.  You can check out some ideas on home-school communication tools HERE.

Understanding Procedural Safeguards: A Guide for Families in Special Education

You probably know that your school is required to give you a copy of the procedural safeguards at least once a year if your child has an IEP. But, have you ever had to look through them? They can be a bit overwhelming and even confusing at times. The Arc Tennessee, through the Family Engagement Project, is breaking down the various parts of the Procedural Safeguards and giving families the basic idea behind each part to make it easier to understand. If you have questions about a particular topic, click the link below to learn more. If there is anything we haven't covered that you'd like to know more about, leave us a comment below and we will reach out!

First off, let's start with a link to the full version of the Procedural Safeguards. You should receive a copy of this in some form when you first meet with your child's school for the year:
CLICK HERE to read the full version.

Here's where we'll break this down into parts for you. Click on each topic to read more about what each one means for your child in special education:

Prior Written Notice

Native Language/Translation

Parental Consent

What if I don't Agree with an Evaluation?

What if I Want to Change my Child's Records?

Confidentiality of Information

State Complaint and Dispute Resolution Procedures

Procedures for Disciplining Children with Disabilities

• Corporal Punishment in Special Education

 When you need to send your child to Private School at Public Expense

Families can use Family Medical Leave for IEP Meetings!

Great news for working families who have children with IEPs and qualify for FMLA! The US Department of Labor recently wrote a letter which says working families who need to take time off to attend their child's IEP meeting can to do so under the Family and Medical Leave Act (FMLA). You can read the letter from the Department of Labor below.

The opinion letter says that parents who need to miss work to attend any meeting held under the IDEA (federal special education law), including IEP meetings, qualify for “intermittent leave” under the Family Medical Leave Act (FMLA). For parents who struggle to balance work and advocating for services and supports their children need at school, this news will help with flexibility to take time off from work for important school meetings.

You can read the Department of Labor Letter HERE for more information. Just be aware that in order to use FMLA for an IEP meeting, your child must have a serious health condition that will be addressed during the meeting. Not all employers are required to provide FMLA, but it doesn't hurt to ask for the time off. Generally, you should give at least 30 days notice if possible and follow your employer's procedure for requesting time off.

Part 4: Transitioning from Middle School to High School in Special Education

This is the final big transition before your child will transition out to the real world. Congratulations on making it this far! While Middle School was probably the trickiest as far as figuring out a new way of scheduling classes and walking around to different classrooms throughout the day, now that your child has that experience under their belt, high school should be a breeze, right? Well, if you prepare yourself with these transition tips, it should be a very smooth transition for all involved.

1. Find out if your district has a formal plan for transitioning into High School.

You may find that you'll save yourself some time if they already have a plan in place. Review the plan and see if this will work well for you and your child. This plan may involve a special orientation meeting, often called a bridge meeting, you can set up before school starts. You'll need to consider if one meeting will be enough for your child, or if you should go in with your child to tour the school an additional time. Some families like to do this at the beginning of the summer to take photos that your child can review throughout the summer to help them better prepare for this new environment. So, if your district DOES have a plan, learn about it and see if you need to add any extra accommodations or modifications for your child to execute that plan more successfully.

2. Schedule your first IEP Team Meeting.

You should get this scheduled as early as possible so you can address any new areas of concern or opportunities for new goals, accommodations, or modifications that you think your child should have in place. You can request that the high school invite your child's middle school special education teacher to attend and share information about your child. You'll want to consider asking about things such as transportation, where your child will eat lunch and with whom, class schedule and elective options, looking ahead to an alternate academic diploma and state testing, etc.

3. Set up meetings with teachers before school starts.

This is a great opportunity to encourage your child to self-advocate if you want to have them reach out to their teachers on their own to arrange this meeting. They can come up with a list of questions they have for their teachers and have it ready for the meeting. This will provide them with some experience in greater independence which will come in handle throughout their high school journey.

4. Arrange a tour of the school.

Just like in middle school, this is an important step to take so that your child can see the new campus and map out an idea of their day. If you weren't able to arrange this during the bridge meeting, you may want to set this up toward the end of summer but before students return to school. You should walk to important places like restrooms, cafeteria, classrooms the main office, nurse's office, etc. If it helps for your child to have photos of these locations to review before starting school, take them at this time. If you have his/her schedule set, you could also make a photo map of their day to help them prepare.

5.  Start encouraging self-advocacy.

This will most likely be the school where your child will turn 18 and become and adult. This is a great time (if not sooner) to start practicing self-advocacy. Ask your child what their goals are for high school. Encourage them to plan for questions or comments they'd like to share during the meetings you have scheduled. Developing these skills early on will help them prepare for the world beyond high school.

6. Check out these resources to help you prepare for success:

Parent Tips for Supporting your Teen in High School

Transition Planning Tips from Understood.org

Moving On to High School: A Tip Sheet for Parents of Children on Individualized Education Plans

Part 3: Transitioning from Elementary to Middle School in Special Education

Transitioning from Elementary to Middle School in Special Education can be a particularly challenging time in your child's educational journey if you aren't prepared for the big changes that come along with this. New BIG school, new (and more frequent) transitions, new responsibilities, etc. We understand that it can seem daunting, but with the right preparation you and your child can get through this time successfully and as smoothly as possible. In this blog post, we are sharing some tips for navigating this transition along with some additional resources that you might find helpful.

 

1. Start thinking early about your child's biggest challenges in elementary school so you can tackle them first. 

You know your child best, and your child's elementary school team can probably offer some helpful tips on this, so start thinking about it early. Some things to keep in mind about middle school:

• There may be more classwork and homework
• Students are expected to be more independent and responsible for keeping track of many different classes/teachers at once
• Scheduling becomes more complicated - students may be changing classrooms for the first time
• Organizational skills can be put to the test with various handouts and assignments from all the different classes
• The school building may be larger with more students and it may take a while to learn to navigate
• Let's not forget the changes associated with reaching puberty age

Keep these potential challenges in mind. If your child needs help with these things it's ok to ask. Working with your elementary IEP team, you can make a list of accommodations or modifications you'd like to ask for when you meet with the Middle School IEP team that will help with any potential issues that may arise.

2. Reach out to the Special Education Teacher at the Middle School to see if you can set up a meeting.

If possible, invite the special education teacher at the middle school to a year-end IEP Team Meeting at your child's elementary school. If that doesn't work out, see if they are able to meet with you before school starts. This can be a great way to bring your child to the school and get them familiar with the building and staff. You can go over any of the potential challenges you discussed with the elementary school and schedule an IEP Team Meeting to get your child's goals and any necessary accommodations in place.

3. Set up a school site visit.

This is something great to do while school is still in session so your child can get a feel for how the hallways flow and where the students gather, etc. You might consider doing this more than once to really prepare them. If you get your child's schedule in advance you can see about scheduling a time before school starts to visit the school and walk them through their schedule so they can see where all the classrooms are located. This would also be a great time to show them where there locker is located, where they'll eat lunch, etc.

4. Schedule the IEP meeting.

It's a good idea to get this down on the books so you know when it's coming. During the meeting you'll want to discuss your goals and concerns with this big transition. Find out your child's schedule. Talk about needed modifications or accommodations. You might even want to invite your child's elementary school special education teacher to a beginning of school Middle School IEP Team Meeting so they can share what they know about your child.

5. Read up on these tips from other resources.

• Tips in English and Spanish from matrixparents.org
• Tip sheet from SuperDuperInc.com
• Article from FamilyEducation.com

We hope that these tips help set you off in the right direction as you prepare your child for Middle School. If you have any questions or would like to share other helpful tips, you can leave them in the comments below or email me at japrea@thearctn.org.

Be sure to check out all of the other resources offered on our blog and follow us on social media to help guide you on your special education journey! As parents/caregivers, you play an important role in your child's road to success.

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