Parents, Their Lawyer and an IEP
Teachers Can Survive When Parents Aren't Afraid to Take Legal Action
"Helicopter parents" hover and bring their lawyer on board to make sure that child's IEP is followed. The teacher made it through the year without a lawsuit.
Hovering “helicopter parents” can make a teacher's life stressful. How does a teacher deal with this type of parent who has a child with an Individualized Education Program, IEP and a lawyer on speed dial?
Starting the Year with Aggressive Parents
Before the school year started, the principal notified a regular classroom teacher that she would have Bobby, whose parents already had a reputation as being aggressive helicopter parents. The parent’s lawyer called a meeting.
At the meeting, all principals, the district special education administrator, the school lawyer, the parent’s lawyer, the parents, all of the student’s teachers, which included a special education teacher and two classroom teachers met to discuss how to have a successful year.
The crowded meeting made the teacher realize that she needed all the support she could get to have a trouble-free year. Her first priority was for Bobby to have an academically successful year. However, she would have to do some extra planning to make sure that she followed IEP carefully. The following guidelines are what she did to have a “legal-action-free” year.
Guidelines for Success with IEP Students Who Have Lawyers Waiting in the Wings
- The first step is to remain calm. The fact that parents have a lawyer can be intimidating, but as long as the school administrators are aware, they can help. No school district wants sued. School districts have their own lawyers, and they can be a wealth of information.
- Before the school year begins, read and memorize the IEP. The teacher was allowed to assist in writing the IEP with the special educational administrator and the student’s other special education teacher.
- Call all administrators and former teachers of this child to your aid. Former teachers can offer tips on how to deal the parents so that there is limited conflict. Administrators can help “put out fires” by being the first person the parent sees when they visit the school.
- Follow the IEP, period.
- Take some time to become familiar with the Individuals with Disabilities Education Improvement Act, IDEA. The parents and lawyers will know these rules, and you as a teacher should too.
- Document, document, document. Keep records of everything! For example, record work completed, late work, missing work, modifications, everything sent home, dates and times of parent phone calls, emails, etc. Make copies of all of the student’s work and keep it in a binder for your reference.
- Be positive with the student and the parents. If a situation arises, try to act professional and try to make things work. The parents love their child. You both want what is best for the child. So, try to be on the same team.
Legal Action...She Tried to Avoid It
The teacher decided that she wanted to avoid litigation and worked closely with the parents and her administrators. She did everything to make the child’s learning environment as close to perfect as she could. However, some schools end up in court.
In the Advocacy in Action Web site by The Advocacy Institute, the article “Transition Planning: Five Themes Addressed in Administrative and Judicial Decisions” in the May 2007 installment explains the IDEA and how districts can get in trouble. “Districts lost cases when they attempted to substitute efforts undertaken by parents, or when they did not invite…participation of outside agencies. However, when districts have made good faith efforts to obtain information, include agencies in planning, develop action steps and link parents and students with agency resources, they have prevailed.”
The Year Did Have a Happy Ending
The year ended with a pat-on-the-back from the principal. No legal action was taken, the parents were not upset, and the student kept an above average grade in the class. Bobby was moving on to the high school the next year. The teacher survived.
