IEP documentation and Wrightslaw are two of the most important ways to protect you and your child’s right to an education during the IEP process. Wrightslaw—or special education law—has a section referred to as: “the rules of adverse assumptions”. The rules of adverse assumptions means you must immediately assume you will have to file for due process against your district. Under this assumption, you must keep precisely written records, you must fully record meetings, and you must acknowledge that your perspective about concerns and issues regarding the process will be very different from the school personnel. Record keeping is incredibly important because of subjective perspective. A hearing officer wants documentation concerning the case, not a verbal recount of “he said, she said”.
IEP Documentation can seem confrontational or adversarial at times. It is not!
Some parents are uncomfortable recording meetings and telling staff to keep well-written documentation of all events and discussions. However, if school staff acts shocked by parent requests for documentation, remember that they are accustomed to these requests. Do not be put off by a district’s negative reaction to documentation—this is all a part of the IEP process.
In order to get a great IEP document, hire a special education advocate to help negotiate the right services and supports for your child. This advocate can use the documentation you have previously obtained from your interactions with the school, giving you an advantage over someone who chose not to document interactions. Being prepared with in-depth documentation is paramount to your success in the IEP process. Work for the best case scenario by preparing for the worst.
Remember, IEPs, 504s, and other individualized plans are all about providing appropriately for a student’s educational needs. There are federal laws set up to help protect student rights. It is a school district’s legal obligation to follow those laws. Document everything and do not allow anyone to intimidate you into not keeping records, just in case they may be needed.
Hire an advocate. Learn your rights.
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