Give Parents Civil Rights in Special Education: Support Parental Consent Bill!
Give Parents Civil Rights in Special Education: Support Parental Consent Bill!
The Issue
We thank Senator Carter-Conway for sponsoring the Parental Consent Bill SB950 and to Delegates Washington and Luedtke for sponsoring HB778.
Parental consent is a step in the right direction - ensuring parent and student voices are heard and truly considered in the IEP decision making.
Join Facebook group for more info: Parents Advocating in Maryland https://www.facebook.com/groups/532771990226990/
Despite federal laws that require parents be included, they often have very little say, and almost no power to influence school decisions without accessing expensive procedural safeguards. Your signature will help highlight the need for new legislation that prohibits schools from making changes to:
- Moving a student from the diploma to certificate track
- Including restraint or seclusion in the IEP.
- Reducing or terminating Special Education services the school has already agreed to provide services and now wants to take them away.
- Initiating a change of placement to a student’s Special Education Program (IEP) without parental consent, or placing the child in a more restrictive environment.
If a parent refuses to consent, in writing, the school system can choose to mediate and/or file for a due process hearing. If the school system files for due process, they will have the burden of proving why they want to make the change to the student’s IEP. This bill helps families become meaningful participants in the special education process and gives parents an equal voice in the decision-making process. The school systems need to support children with special needs, rather than pouring resources into denying them needed support. This legislation would require a more child-centered approach, and IEP meetings will cease to end with: ‘If you disagree with our decision you can take us to due process!’ Currently the cost to take a school district to Due Process costs around 30-50K in attorney retainer fees - so the administrators are effectively fire-proof!
Imagine this: In April 2015, the O’Brien family learned, via email, that their son was illegally dismissed from all special education services on March 18, 2015 while they were out of town. Since then, the O’Brien family has been forced to accrue over $30,000 in legal/advocacy fees in order to have their son’s special education services reinstated. The O’Brien family continues to fight for appropriate education and supports for their son who has not been able to ride the bus, or attend school full-time since entering the 5th grade. Parental Consent legislation will prevent other families from having to endure what the O’Briens have endured over the last 12 months.
Unfortunately, the O’Brien’s story is not unique. Similar patterns of institutional control and marginalized parent participation have been identified in other families who have been forced to spend extraordinary legal/advocacy fees in response to schools officials who elect to make significant changes to a disabled student’s Special Education Program without seeking parental consent.
Parent Testimony:
At our Central IEP meeting we were told our son was being given a placement in an autism program for high functioning children. Had we been required to give written consent, we would have read that the placement was in fact a Classroom Support Program and not a Regional Autism Program! H Jenkins-Spangler, Kingsville MD
“We spent nearly $60,000 on due process hearing for our autistic daughter to prove the proposed placement in the IEP was inappropriate. It is about time parents did not bear the burden of proof.” Baltimore, MD
We spent about $12,000 total between Educational Consultants and attorneys. That number doesn't include lost wages for myself or my husband for the IEP meetings and attorney meetings.” (the child was being bullied and suicidal, a boundary exemption was eventually granted.) LR MD
“Despite having an attorney and advocate, I never felt our voice mattered or was heard. It seemed the answer was always ‘no’ - followed by, ‘now, what’s the question!’ We spent 14K over the course of the year. Eventually, the county did the right thing, but only after they had exhausted every other possibility!” E Spangler, Kingsville, MD
“It's about quality of life, equality, and dignity. Every child has a right to a free appropriate education. Many public school districts are failing to educate those with learning differences /disabilities.” Baltimore, MD
“Where are your ethics, Anne Arundel County Public Schools? Give my son the education that he deserves and craves...My son, is on the high functioning end of the Autism Spectrum and also has Epilepsy and A.D.H.D…..He is an incredibly brilliant little boy whose particular developmental delays are in socialization and communication…...Our son spent his days segregated from the general education population….. The behavior technician in the classroom told my son’s ABA therapist, off the record, that Ben didn’t belong there. He belonged in a general education setting with a 1:1 behavior technician.” #WhataboutBen Special Education in Anne Arundel County Public Schools
“I can't imagine what they are thinking in AAC doing that. It's like these people are hell bent on ruining our children.” D Baltimore
“My child is in the sixth grade and has learning needs and difficulties that cannot be met in a traditional classroom. The school district had documented proof of my child's needs and learning disorder since the first grade. It took me five years, four inappropriate schools, the loss of my 25 year job and a current debt of $47K to an educational attorney before obtaining a proper educational setting for my child.” Capitol Heights, MD
“In the current system, the decks are really stacked against parents who struggle to get adequate and appropriate special education services their children need. Most parents don't have the financial resources to secure appropriate legal assistance to help them successfully advocate for their children.” Silver Spring, MD
“Justice belongs to those that can afford it!” Harford Co, MD
“MCPS has violated my child's rights under IDEA time after time and they can because I do not have the funds to protect my child. I consulted with an attorney. The cost would be a $5,000 retainer then $400 per hour.” Potomac, MD
Reach Out To Legislators!
Education - Students With Disabilities Parental Consent for Individualized Education Program (IEP) Content SB950 In the Senate - Hearing 3/09 at 1:00 p.m Education, Health, and Environmental Affairs Committee Members:
Chair = Senator Joan Carter Conway 410-841-3145 joan.carter.conway@senate.state.md.us
Vice Chair = Senator Paul G. Pinsky 410-841-3155 paul.pinsky@senate.state.md.us
Senator Gail H. Bates 410-841-3671 gail.bates@senate.state.md.us
Senator Cheryl C. Kagan 410-841-3134 Cheryl.Kagan@senate.state.md.us
Senator Shirley Nathan-Pulliam 410-841-3612 shirley.nathan.pulliam@senate.state.md.us
Senator Jim Rosapepe 410-841-3141 jim.rosapepe@senate.state.md.us
Senator Johnny Ray Salling 410-841-3587 johnnyray.salling@senate.state.md.us
Senator Bryan W. Simonaire 410-841-3658 bryan.simonaire@senate.state.md.us Senator
Steve Waugh 410-841-3673 steve.waugh@senate.state.md.us Senator Ronald N. Young 410-841-3575 ronald.young@senate.state.md.us
Senator Craig J. Zucker 410-841-3625
Maryland House Bill # HB 778 IEP
Hearing March 10, 2016
Maryland House of Delegates Ways and Means Committee:
Chair = Delegate Sheila E. Hixson 410-841-3469 sheila.hixson@house.state.md.us
Vice Chair = Delegate Frank S. Turner 410-841-3246 frank.turner@house.state.md.us
Bill Sponsers /co-sponsors: Delegates Luedtke and M Washington
Delegate Eric Luedtke Phone: 410-841-3110 301-858-3110 eric.luedtke@house.state.md.us
Delegate Mary L. Washington 410-841-3476 mary.washington@house.state.md.us
Delegate Alonzo Washington alonzo.washington@house.state.md.us fax: (410) 841-3699, (301) 858-3699
Delegate Kathy Afzali Phone: 410-841-3288 | 301-858-3288 kathy.afzali@house.state.md.us
Delegate Darryl Barnes Phone: 410-841-3557 | 301-858-3557 Darryl.Barnes@house.state.md.us
Delegate Jason Buckel Phone: 410-841-3404 | 301-858-3404 Jason.Buckel@house.state.md.us
Delegate Eric Ebersole Phone: 410-841-3328 | 301-858-3328 Eric.Ebersole@house.state.md.us
Delegate Diana Fennell Phone: 410-841-3478 | 301-858-3478 Diana.Fennell@house.state.md.us
Delegate Kevin Hornberger Phone: 410-841-3284 | 301-858-3284 Kevin.Hornberger@house.state.md.us
Delegate Carolyn Howard Phone: 410-841-3919 | 301-858-3919 carolyn.howard@house.state.md.us
Delegate Jimmy Tarlau Phone: 410-841-3326 | 410-841-3326 Jimmy.Tarlau@house.state.md.us
Delegate Megan Simonaire Phone: 410-841-3206 | 301-858-3206 Meagan.Simonaire@house.state.md.us
Delegate Haven Shoemaker Phone: 410-841-3359 | 410-841-3359 Haven.Shoemaker@house.state.md.us
Delegate Teresa Reilly Phone: 410-841-3278 | 301-858-3278 Teresa.Reilly@house.state.md.us
Delegate Andrew Platt Phone: 410-841-3037 | 410-841-3037 Andrew.Platt@house.state.md.us
Delegate Edith Patterson Phone: 410-841-3247 | 301-858-3247 Edith.Patterson@house.state.md.us
Delegate Jay Walker Phone: 410-841-3581 | 301-858-3581 jay.walker@house.state.md.us
Delegate Anne Kaiser Phone: 410-841-3036 |Fax:301-858-3060 anne.kaiser@house.state.md.us
Delegate Bob Long Phone: 410-841-3458 | 301-858-3458 Bob.Long@house.state.md.us
PLEASE CALL YOUR REPRESENTATIVES!
Thank Senator Joan Carter-Conway for sponsoring the bill and co-sponsors: Delegates Luedtke and M Washington. Call/write to your own Senator and Delegate Alonzo Washington, plus your own elected officials.
Legislative Resources:
Find your local representative: http://www.mgaleg.maryland.gov/webmga/frmmain.aspx?pid=legisrpage&tab=subject6&poptype=find&popid=
Factsheet
file:///home/chronos/u-a7df1fe92fdcba8c40e1a66a268db7cb19ad22b9/Downloads/ParentalConsentBill%20FactSheet%20final%20(002)%20(2).pdf
The Issue
We thank Senator Carter-Conway for sponsoring the Parental Consent Bill SB950 and to Delegates Washington and Luedtke for sponsoring HB778.
Parental consent is a step in the right direction - ensuring parent and student voices are heard and truly considered in the IEP decision making.
Join Facebook group for more info: Parents Advocating in Maryland https://www.facebook.com/groups/532771990226990/
Despite federal laws that require parents be included, they often have very little say, and almost no power to influence school decisions without accessing expensive procedural safeguards. Your signature will help highlight the need for new legislation that prohibits schools from making changes to:
- Moving a student from the diploma to certificate track
- Including restraint or seclusion in the IEP.
- Reducing or terminating Special Education services the school has already agreed to provide services and now wants to take them away.
- Initiating a change of placement to a student’s Special Education Program (IEP) without parental consent, or placing the child in a more restrictive environment.
If a parent refuses to consent, in writing, the school system can choose to mediate and/or file for a due process hearing. If the school system files for due process, they will have the burden of proving why they want to make the change to the student’s IEP. This bill helps families become meaningful participants in the special education process and gives parents an equal voice in the decision-making process. The school systems need to support children with special needs, rather than pouring resources into denying them needed support. This legislation would require a more child-centered approach, and IEP meetings will cease to end with: ‘If you disagree with our decision you can take us to due process!’ Currently the cost to take a school district to Due Process costs around 30-50K in attorney retainer fees - so the administrators are effectively fire-proof!
Imagine this: In April 2015, the O’Brien family learned, via email, that their son was illegally dismissed from all special education services on March 18, 2015 while they were out of town. Since then, the O’Brien family has been forced to accrue over $30,000 in legal/advocacy fees in order to have their son’s special education services reinstated. The O’Brien family continues to fight for appropriate education and supports for their son who has not been able to ride the bus, or attend school full-time since entering the 5th grade. Parental Consent legislation will prevent other families from having to endure what the O’Briens have endured over the last 12 months.
Unfortunately, the O’Brien’s story is not unique. Similar patterns of institutional control and marginalized parent participation have been identified in other families who have been forced to spend extraordinary legal/advocacy fees in response to schools officials who elect to make significant changes to a disabled student’s Special Education Program without seeking parental consent.
Parent Testimony:
At our Central IEP meeting we were told our son was being given a placement in an autism program for high functioning children. Had we been required to give written consent, we would have read that the placement was in fact a Classroom Support Program and not a Regional Autism Program! H Jenkins-Spangler, Kingsville MD
“We spent nearly $60,000 on due process hearing for our autistic daughter to prove the proposed placement in the IEP was inappropriate. It is about time parents did not bear the burden of proof.” Baltimore, MD
We spent about $12,000 total between Educational Consultants and attorneys. That number doesn't include lost wages for myself or my husband for the IEP meetings and attorney meetings.” (the child was being bullied and suicidal, a boundary exemption was eventually granted.) LR MD
“Despite having an attorney and advocate, I never felt our voice mattered or was heard. It seemed the answer was always ‘no’ - followed by, ‘now, what’s the question!’ We spent 14K over the course of the year. Eventually, the county did the right thing, but only after they had exhausted every other possibility!” E Spangler, Kingsville, MD
“It's about quality of life, equality, and dignity. Every child has a right to a free appropriate education. Many public school districts are failing to educate those with learning differences /disabilities.” Baltimore, MD
“Where are your ethics, Anne Arundel County Public Schools? Give my son the education that he deserves and craves...My son, is on the high functioning end of the Autism Spectrum and also has Epilepsy and A.D.H.D…..He is an incredibly brilliant little boy whose particular developmental delays are in socialization and communication…...Our son spent his days segregated from the general education population….. The behavior technician in the classroom told my son’s ABA therapist, off the record, that Ben didn’t belong there. He belonged in a general education setting with a 1:1 behavior technician.” #WhataboutBen Special Education in Anne Arundel County Public Schools
“I can't imagine what they are thinking in AAC doing that. It's like these people are hell bent on ruining our children.” D Baltimore
“My child is in the sixth grade and has learning needs and difficulties that cannot be met in a traditional classroom. The school district had documented proof of my child's needs and learning disorder since the first grade. It took me five years, four inappropriate schools, the loss of my 25 year job and a current debt of $47K to an educational attorney before obtaining a proper educational setting for my child.” Capitol Heights, MD
“In the current system, the decks are really stacked against parents who struggle to get adequate and appropriate special education services their children need. Most parents don't have the financial resources to secure appropriate legal assistance to help them successfully advocate for their children.” Silver Spring, MD
“Justice belongs to those that can afford it!” Harford Co, MD
“MCPS has violated my child's rights under IDEA time after time and they can because I do not have the funds to protect my child. I consulted with an attorney. The cost would be a $5,000 retainer then $400 per hour.” Potomac, MD
Reach Out To Legislators!
Education - Students With Disabilities Parental Consent for Individualized Education Program (IEP) Content SB950 In the Senate - Hearing 3/09 at 1:00 p.m Education, Health, and Environmental Affairs Committee Members:
Chair = Senator Joan Carter Conway 410-841-3145 joan.carter.conway@senate.state.md.us
Vice Chair = Senator Paul G. Pinsky 410-841-3155 paul.pinsky@senate.state.md.us
Senator Gail H. Bates 410-841-3671 gail.bates@senate.state.md.us
Senator Cheryl C. Kagan 410-841-3134 Cheryl.Kagan@senate.state.md.us
Senator Shirley Nathan-Pulliam 410-841-3612 shirley.nathan.pulliam@senate.state.md.us
Senator Jim Rosapepe 410-841-3141 jim.rosapepe@senate.state.md.us
Senator Johnny Ray Salling 410-841-3587 johnnyray.salling@senate.state.md.us
Senator Bryan W. Simonaire 410-841-3658 bryan.simonaire@senate.state.md.us Senator
Steve Waugh 410-841-3673 steve.waugh@senate.state.md.us Senator Ronald N. Young 410-841-3575 ronald.young@senate.state.md.us
Senator Craig J. Zucker 410-841-3625
Maryland House Bill # HB 778 IEP
Hearing March 10, 2016
Maryland House of Delegates Ways and Means Committee:
Chair = Delegate Sheila E. Hixson 410-841-3469 sheila.hixson@house.state.md.us
Vice Chair = Delegate Frank S. Turner 410-841-3246 frank.turner@house.state.md.us
Bill Sponsers /co-sponsors: Delegates Luedtke and M Washington
Delegate Eric Luedtke Phone: 410-841-3110 301-858-3110 eric.luedtke@house.state.md.us
Delegate Mary L. Washington 410-841-3476 mary.washington@house.state.md.us
Delegate Alonzo Washington alonzo.washington@house.state.md.us fax: (410) 841-3699, (301) 858-3699
Delegate Kathy Afzali Phone: 410-841-3288 | 301-858-3288 kathy.afzali@house.state.md.us
Delegate Darryl Barnes Phone: 410-841-3557 | 301-858-3557 Darryl.Barnes@house.state.md.us
Delegate Jason Buckel Phone: 410-841-3404 | 301-858-3404 Jason.Buckel@house.state.md.us
Delegate Eric Ebersole Phone: 410-841-3328 | 301-858-3328 Eric.Ebersole@house.state.md.us
Delegate Diana Fennell Phone: 410-841-3478 | 301-858-3478 Diana.Fennell@house.state.md.us
Delegate Kevin Hornberger Phone: 410-841-3284 | 301-858-3284 Kevin.Hornberger@house.state.md.us
Delegate Carolyn Howard Phone: 410-841-3919 | 301-858-3919 carolyn.howard@house.state.md.us
Delegate Jimmy Tarlau Phone: 410-841-3326 | 410-841-3326 Jimmy.Tarlau@house.state.md.us
Delegate Megan Simonaire Phone: 410-841-3206 | 301-858-3206 Meagan.Simonaire@house.state.md.us
Delegate Haven Shoemaker Phone: 410-841-3359 | 410-841-3359 Haven.Shoemaker@house.state.md.us
Delegate Teresa Reilly Phone: 410-841-3278 | 301-858-3278 Teresa.Reilly@house.state.md.us
Delegate Andrew Platt Phone: 410-841-3037 | 410-841-3037 Andrew.Platt@house.state.md.us
Delegate Edith Patterson Phone: 410-841-3247 | 301-858-3247 Edith.Patterson@house.state.md.us
Delegate Jay Walker Phone: 410-841-3581 | 301-858-3581 jay.walker@house.state.md.us
Delegate Anne Kaiser Phone: 410-841-3036 |Fax:301-858-3060 anne.kaiser@house.state.md.us
Delegate Bob Long Phone: 410-841-3458 | 301-858-3458 Bob.Long@house.state.md.us
PLEASE CALL YOUR REPRESENTATIVES!
Thank Senator Joan Carter-Conway for sponsoring the bill and co-sponsors: Delegates Luedtke and M Washington. Call/write to your own Senator and Delegate Alonzo Washington, plus your own elected officials.
Legislative Resources:
Find your local representative: http://www.mgaleg.maryland.gov/webmga/frmmain.aspx?pid=legisrpage&tab=subject6&poptype=find&popid=
Factsheet
file:///home/chronos/u-a7df1fe92fdcba8c40e1a66a268db7cb19ad22b9/Downloads/ParentalConsentBill%20FactSheet%20final%20(002)%20(2).pdf
Petition Closed
Share this petition
The Decision Makers
Petition Updates
Share this petition
Petition created on March 4, 2016