Hi, I called the spe ed teacher today. I was very polite, but told her, "As far as I understand the law, I must be allowed to participate, therefore, i need to see the classroom to have an opinion on whether or not it is appropriate".etc etc. Anyway, they called back a few hours later and I am visiting on Tues! Thanks everyone. I guess you just have to let them know that you know the law. Can't wait for my book.Another Federal law -- and this one is BASIC to special education -- is that parents have to be FULLY PARTICIPATING members of the IEP team and have to have all the information they need to fully participate in their child's education. By not allowing you to see a possible placement, they are denying you the right to fully participate. Sometimes, they recommend developing the IEP first and then have you not sign it until you SEE the proposed placement, but you MUST be allowed to see the placement or how can you make a decision. I will see if I can find the legal citation. I think it's definitely worth asking the District to check with their own lawyer. If that lawyer is worth a penny, he will advise them to start calling around for appointments for you. No state can pass a law in special ed that is more restrictive than IDEA 2004. And since IDEA 2004 protects your right to fully participate in educational decision making, your state cannot forbid you to see a potential placement.
I was told a similar thing towards the start of the summer. They used "privacy" to say that we could not see a placement until after my son was accepted.
This is what Wright's Law has to say about it:
http://www.wrightslaw.com/info/priv.confid.observe.htm
Here's a quote:
"I think
many Hearing Officers and Administrative Law Judges would view this
refusal as grounds to find that the proposed placement was not
appropriate."
They suggest that the school ask their attorney about it. They cite a supreme court decision that students have no expectation of privacy.
Also, consider a general ed setting. I have been invited on the spur of the moment by my elder son's teacher to watch the class. No privacy issues there. My guess, they have something to hide. (As they did in my case.)
Yeah, that's insane. I don't know why they would tell you that. Why do schools have to be so dang private. That just adds to parents frustrations about us.
If the special ed director told you that then you will need to contact her supervisor, which is the superintendent of education, which is the person who is head of the entire county. All the administrators work under him, directly, and then all the teachers work under the different administrators assigned to each school. She'd be the person I would tell you to ask, but since she told you that, you'll have to go above her. If you don't know any child's name and the teacher doesn't tell you all about little Johnny in the corner, or direct you to the file drawer where the IEP's are kept, then everyone should be protected. This is not a law nor is it a state law, I don't think. Some schools have an open door policy which means you can just walk right in and check in and go to your child's class. Others have a closed door policy, which means your visit has to be planned. I am not aware of any schools having a locked door policy where parents aren't allowed anywhere in the school. That's crazy. That is ridiculous. You can visit ahead of time if you are thinking of placing your child there. If the staff don't tell you the children's names they are not violating any privacy. What idiots. I am- anyone- maybe wray or tzoya have a different answer...
My belief is that not only that you can visit that school,but if you want to meet some parents,you can prepare flyers with a short presentation and your phone number and you can ask the teacher to let you put them in the kids'schoolbags
Maybe you found the wrong person,ask to speak to the principal,there is no law to be violated.
Good luck!
The director of special ed told me that. I will be calling dpi in the morning. It didn't sound right to me either. Thanks everyone!
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