Put It In Writing and Get it in Writing

[Guest guest]

From the IEP_guide listserv:

Put It In Writing And Get It In Writing

A. This is actually the Advocacy Tip of the year. If you have

learned nothing else from this website or our manuals, you should

have learned that you need to make sure your communications with

your school and your state education agency are in writing.

This writer is often told by school persons " you are a lawyer and

you want it in writing so you can sue. " Wrong. In more than 30

years experience with

school districts it is the lack of written

documentation that leads to lawsuits. Written documentation usually

leads toward compliance with the law.

If you interact with your school or state education agency, and

they respond but

will not " put it in writing " then you should create a

document, state that this is what was said to you that day (or as

soon after as you can put it in writing), send it certified mail,

and also direct that it be placed in your child's permanent file.

It certainly

qualifies as an " educational record " under the Family

Educational Rights and Privacy Act and under the IDEA.

Your creation of a written record will usually cause the school

district or state education agency to reconsider their response.

Your document should say " the special ed director " or " the

state

education agency complaint investigator " told me something over the

phone today but would not put it in writing. And then state as

clearly as you can what they said.

That not only creates a record that they will have to respond to,

but it also creates a document that might make all the difference

later. We hope you do not end up in court, but this writer has been

in many situations where three years later the most important issue

in the trial turns out to be the conversation between the parent

and the school

official. What actually did the parent ask and what

actually did the school person tell them? The school person

prepares to

testify about their recollection (refreshed, of course, by a

recent session with the school board attorney) but their testimony

is then blocked by one or more of several court rules that

the " best evidence "

of that conversation is the parent's written memorandum,

made contemporaneously at the time of that conversation three years

ago. Your document becomes the sole record.

We assume you contract to purchase a number of things for which you

keep the receipts, warranty, rebate card, return policy and so

forth. You make the seller " put it in writing. " Make sure you

keep

a written

record of your interactions with your school over their

contract to provide your child a free appropriate public education.

Your child is certainly worth it.

This information is educational and not intended to be legal advice.

is an attorney with 33 years experience in special

education law and recognized as one of the nation's leading

experts. He can be reached through email at connie@... or

http://www.reedmartin.com