Special Education Newsletter

SUMMER 2010

The Importance of Documentation

Parents often fail to recognize the importance of documenting their child’s struggles and successes as well as their requests, concerns and disagreements expressed to the school district.

If a parent disagrees with what has occurred at an IEP meeting, it is wise to at least document the primary concerns.  A parent may: request that the disagreement be identified in the IEP notes; write their own notes to be included (or attached) as part of the IEP document; or send a letter to the school district within a few days of the IEP noting the concerns.  Frequently, school districts will write into the IEP notes that a parent is in agreement with assessments, results, goals, placement and/or services when in fact the parent not expressed agreement or may have strong opposition.

If a school district sends a letter (or email) to the parent describing events, responding to the parent’s questions, concerns or requests, etc. and that letter (or email) incorrectly states the facts or mischaracterizes the parent’s position, the parent should respond, in writing, to make sure that the inaccuracies are corrected. 

While email between a parent and the school district is common, to be effective in the future, it is important for the email be clear.  For example, after a few emails back and forth on a subject, the writer often skips over background information and sends a brief response such as, “You are wrong.”  Each email should have enough background information that the reader has a clear understanding of the issue(s).  For example, rather than write, “You said you would get back to me on my request for an independent assessment, but I haven’t heard from you.”, the parent would be better served to write, “On February 1, 2010, I made a written request for an independent assessment.  On February 12, 2010, you called and said that you would let me know in a few days.  I left voicemail messages for you on February 16^th and 19^th, but have not heard back from you.  The school district has not complied with its obligations so I will need to take affirmative action to protect my child’s rights.”

If a particular program, service or therapy has been successful for his or her child, a parent should make sure that the provider/therapist is documenting that success or progress through data or other means.  A parent can also document successes and progress.  (A note made contemporaneously with an event will usually be found more credible than a memory of that effort recalled sometime after the event.)

If a parent is compelled to file a compliance complaint or request a due process hearing, reliable documentary evidence is typically given great weight, therefore, the importance of documenting events and positions cannot be overemphasized. 

If parents find that the school district is unresponsive to their concerns or requests, the process is bogging down or they are having difficulty vindicating their rights, they should consult with an experienced attorney to guide them through the process.  

This information is for general purposes only and is not intended as legal advice.  Any liability that might arise from your use or reliance on this information is expressly disclaimed.  The reader is cautioned to seek the guidance of an experienced attorney when making any decision which might have legal implications.