Legal Assistance for Families with Special Education Needs
By Hannah Deardorff, Fort Bliss Legal Assistance Office
The Fort Bliss Legal Assistance Office is now prepared to offer legal advice and practical guidance for families of children with special educational needs. While the Exceptional Family Member Program at Fort Bliss can offer extensive assistance in advocating for special education benefits for your child, the Fort Bliss Legal Assistance Office can complement that assistance. It is important to note that a child’s enrollment in EFMP does not have implications on a Soldier’s military career, so Soldiers should take advantage of these resources.
The Fort Bliss Legal Assistance Office can provide a legal sounding board for parents, based on what the school is legally required to provide. Our attorneys can assist in navigating these processes, so parents can ensure the school is providing specifically designed instruction to address the unique needs of the child ensuring the child can meet appropriate educational standards. Sometimes, when the school is not offering proper resources and assistance, the parents may want to invoke their right to a Due Process hearing. The Fort Bliss Legal Assistance Office can advise as to when that avenue may be appropriate.
The process of getting the child the services to which they are entitled can be intimidating, so practical tips can make a significant difference in fighting for a child with unique educational needs. Here are a few things parents should keep in mind as they navigate meetings with school officials and specialists:
- Be sure to always use the word “appropriate” rather than talking about wanting what is “best” for your child. Federal law does not require that schools provide what is best, only what is appropriate, so you want to sound informed on the requirements.
- During meetings, always keep the discussion focused on tangible scores, grades, evaluations, and progress of the child. If the child is not improving in these areas, a parent’s request to get more services are more likely to succeed. Teachers and counselors may make general statements about how the child is “doing fine” and is great in class, but if they are struggling in these measurable ways, changes may be necessary, and these numbers will help the parent advocate.
- Put all requests in writing and follow-up every meeting with an email summarizing the meeting with actionable points for moving forward. Keep written records of every phone call.
- Do not go to an Individualized Education Program meeting alone. Bring as many people with you who can help you advocate for your child as you can manage.
- Be amicable in your interactions with the school. If it appears that you are being difficult or refusing to work with the school, you will likely lose if your case goes to a Due Process hearing. You also likely will not be as successful overall. You can maintain a kind and professional relationship with school officials and still be a strong advocate for your child.
- Prepare ahead of time. Send the school a parental concern agenda and any updated evaluations before each meeting and ask if everyone has read it at the start of the meeting. If they have not, ask to take a brief recess so that everyone will be on the same page. Request goals, drafts of school evaluations, new IEPs, etc., before the meeting, so that you do not waste meeting time just reading over materials.
If you need assistance with your child’s situation, please schedule an appointment with the Fort Bliss Legal Assistance Office by sending an email to usarmy.bliss.hqda-otjag.mesg.bliss-legal-assistance-office@army.mil.