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School Realities

   When to Consult with an Attorney
Most of us grow up with the point of view that teachers are the “experts” when it comes to education. We rely on the employees in the system to provide for our child’s educational needs. It is hard to come to the reality that we, as parents, are as much of an “expert” when it comes to our child as the educators. The staff of NAV hear, over and over again, from parents that they “feel” something isn’t “right” for their child at school but cannot specifically identify that “something”. Often, when parents express their concerns to the teacher they are told “not to worry,” “give him/her time” “he/she will grow out of it.” Do not let yourself be swayed by such responses when they do not answer your questions and concerns to your satisfaction. Call an educational attorney, set up a consultation, and get efficient advice and accurate answers to your questions.

Once you have made your appointment, you should prepare as though you are preparing for a job interview – be thorough.

That includes having the following:

  • Records arranged chronologically
  • A written, brief chronological educational history of your child
  • A written list that reflects both what you want for your child and what you think your child needs
  • A written list of your questions in a note- book where you can write the answers.

  • In a consultation, you can expect to learn how special education law is likely to apply to the facts of your child’s needs. An educational attorney should have both the knowledge and experience to determine whether or not the District has been “legally” thorough in meeting your child’s educational needs. You will leave the consultation knowing more about special education law and whether or not you need the protections it can provide. We at NAV understand the natural anxiety
    parents experience when their child is struggling at school. Our job, in a consultation, is to help you figure out if your child’s school is doing its job.

    Attorney Spotlight—On Valerie Gilpeer

    Valerie Gilpeer-- the “other” Valerie at Newman Aaronson Vanaman – was
    introduced to this area of law through
    Valerie Vanaman. An accidental meeting brought the two Valeries together. Ms. Vanaman urged Ms. Gilpeer to seriously consider switching the focus of her legal practice from a Civil litigation and Conservatorships to Special Education Law. Valerie took the suggestion seriously and joined Newman Aaronson Vanaman in 2001 where she continues to represent clients in Conservatorship proceedings as well as focusing on Special Education Law.

    Ms. Gilpeer’s unique approach to special education law involves her view of each case as a “mystery” where she must not only solve the puzzle of identifying where the child is educationally but resolve the mystery of how the child got to where he or she is. Relying on assessments, reports and records, parents and other professionals familiar with the child, she finds, follows and interprets the clues to discover what the child needs

    educationally and how those needs can best be met within the parameters of the mandates of the law. Valerie, like many working mothers who make up the “sandwich generation” is an expert time juggler, balancing family life and caring for her elderly mother. Her first love was art and architecture and over the years she has renovated homes which satisfies both her entrepreneurial and artistic spirit. When not involved in solving legal mysteries and family life, Valerie indulges her other interests: collecting souvenir charms, mid-century table-top ware and decorative containers of all types. Valerie and her husband are big supporters of various charitable groups that serve children with disabilities.
    WEB
    Resources



    www.cde.ca.gov
    California Department of Education It is worth your time to familiarize yourself with this website.


    www.otan.us/npsa/
    npsasearch.taf

    Nonpublic, Nonsectarian School and Agencies (for some reason it is hard to navigate your way to the NPA/NPS section from the CDE website, so we are making it easy for you!)

    www.wrightslaw.com
    A good resource for parents to familiarize themselves with Special Education Law and process.

    www.oah.dgs.ca.gov
    click of the “Special Education Tab” The Office of Administrative Hearing is the state agency for due process



    Every four months, Newman Aaronson Vanaman will host an open forum discussion for parents on a selected special education issue. The format is an hour and a half talk on the issue followed by an hour of questions and answers. Participants are asked to submit their questions when they register. Our goal to educate and provide a forum for parents to ask questions.


    Topic: The First Steps of Due Process
    Understanding Due Process from Filing the Complaint through Mediation
    Speaker: Valerie Vanaman
    Time:
    7:00pm to 10:00pm
    Location: Sherman Oaks Women Center
    4808 Kester Ave.
    Sherman Oaks, CA 91403
    Cost:
    $20.00 per person
    Cost includes seminar materials, refreshments and parking
    Ms. Vanaman will lead a presentation on the first steps of the Due Process system. Topics will begin with the initial consultation and proceed through the mediation process. After the talk, the attorneys of Newman Aaronson Vanaman will engage in a question and answer session with the participants.


    Seating is limited and available on a first come, first serve basis.
    Click HERE to register for this event


    Q:

    A:

    Do I have to sign my IEP at the meeting?

    NO. You do not have to sign your child’s IEP at the IEP meeting. In fact, it is a good practice NOT to sign at the IEP. Instead, take the IEP home for a thorough review. There is a good reason for the saying— “hindsight is 20/20.”
    Clarity often comes with a bit of distance and some reflection.

    When reviewing the IEP, pay particular attention to the District’s offer of FAPE (Free and Appropriate Public Education). If you don’t understand something, chances are it isn’t clear. You should be able to tell from the document what
    services your child is receiving, how often they are receiving the service, who the provider is and how the service is
    being delivered. The “how” of services is the delivery model, for example, are speech and language services being provided one on one or in a group setting? The “how” is the “one on one” vs. “group setting”. If services are being delivered in a group setting, ask what is the maximum amount of students in the group and have the IEP reflect that number.

    If you disagree with the IEP, you can write your disagreements on a separate piece of paper and have it attached to the IEP. Make sure the IEP has written into the document “parent attachment to be included.”

     

    NAV makes available the information and materials on its website and in its newsletters (the "Materials") for general informational purposes only. The Materials are not intended to constitute, and do not constitute, legal advice. Moreover, the Materials are not intended to constitute, and do not constitute, a solicitation for the formation of an attorney-client relationship; no attorney-client relationship is created through your use of the website or newsletter or your receipt of the Materials. Anyone accessing the Materials should not act upon them without first seeking legal counsel. Further, the Materials are general in nature, and may not apply to particular factual or legal circumstances.