Withholding Information: The Dangers Of Holding Back

This article originally appeared on the McAndrews Law website.  Attorney Caitlin McAndrews wrote this and it is very important!  It has pivotal information that parents of students with disabilities need to know about during the IEP process.  Parents, even with the best of intentions, can make mistakes during this process.  I agree with the author: give as much information as you possibly can to help your special needs child succeed!

Parents sometimes withhold information from School Districts, worried that the District will find a way to “use it against them.” This can include privately obtained evaluations, information from outside therapists or medical providers, or changes in medication. Though the instinct to protect your child’s privacy is understandable, withholding this type of information from the educators who work with your student typically does more harm than good.

In the example of an independent evaluation, providing the report to the District only gives them more information about how your child learns, which they should use to appropriately program for the student. Hopefully, the District will use the evaluation to help provide appropriate supports and services; but even if they do not, the family can at least say they provided all available information to the District. If parents have to go to a hearing, and they withheld a private evaluation, a hearing officer may hold that against the parent, and may question why the parent withheld outside information about the child that could have helped the District understand and program for the child.

Additionally, the private evaluation might contain information that would trigger the District’s Child Find obligation – that is, by putting the District on notice that the child has certain needs/diagnoses, and might require special education support.  If the District never saw the outside evaluation, it may be harder to prove that the District knew of the child’s disabilities.

Similarly, Districts often request permission to speak to outside providers, such as private speech/language or occupational therapists, treating psychologists, or pediatricians. This information could help the District program for your child, and withholding it can make a parent appear uncooperative in front of a hearing officer.

In general, the instinct to hold back can be a very natural and protective one, but ultimately, parents should ask themselves, “What am I afraid will happen if I share this information?” and “What good could potentially come from sharing?” In the vast majority of cases, the potential good will outweigh the potential harm.

By Caitlin McAndrews, Esq., McAndrews Law Offices, P.C.

Opt Out 2.0 & Why We Need To Add Tech to the Conversation

Wrench in the Gears

Earlier today I posted the following comment on Diane Ravitch’s March 12 post “Send a Message to Betsy DeVos: Opt Out of Federally Mandated Testing.”

I second Former Teacher’s comments regarding the damage interim assessments are doing to the educational process. Opt Out can no longer simply be focused on end of year testing. It MUST expand to address student data-mining that takes place throughout the school year via interim assessments as well as use of adaptive learning management systems that “learn” our children. These programs disempower both students AND teachers, putting the educational process in the hands of AI algorithms.

Resist data collection at all levels, including (especially) surveys and games that gather non-academic, social-emotional competencies. End of year opt out is a valuable access point for parents, but it is up to teachers and long-term activists to begin to expand the conversation. The time to do this is now!…

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When You Can’t Give Public Comment About A Change In Public Comment

The Delaware State Board of Education has always been ridiculous with their public comment policy.  You cannot give public comment on any action item on their agenda.  Further complicating this absolutely ludicrous scenario is a proposed change which will be up for action at their next meeting, on Thursday March 23rd.  The State Board of Education will take action on moving public comment from the beginning of the meeting until towards the end.  Thereby ensuring that the public is put on the bottom of the list.  There are certain groups that put public comment at the end of meetings, but the State Board of Education needs to hear from the public prior to voting or discussing items.  The very nature of attempting to contact a member of the State Board of Education is futile.  Everything goes through the Executive Director, Donna Johnson.  The State Board of Education will be having a meeting tomorrow at 12 noon to discuss the policy recommendations from the Joint Sunset Committee, a group of legislators who are taking a hard look at the State Board of Education.

As far as this latest action item, I am vehemently against this.  The State Board meetings are very long at times and to make members of the public sit through the whole thing just to give public comment is absurd.  I hope the State Board votes no on this insane idea.