Special Ed Advocacy: Nine Rules of Thumb
In this article, you will find:
Rule three
Rule Three: Don't Over-Rely on the Rules
Special education regulations contain many detailed requirements: deadlines, notification requirements, rules about who should attend TEAM meetings, who should evaluate students, and so forth. A strong advocate knows these requirements, but also avoids elevating form over substance. Compliance with the letter of the law is far less important in the long run than serving the educational needs of the child. Typically, Hearing Officers are more interested in the content of an IEP and whether a proposed placement can deliver appropriate services than in punishing school systems for procedural violations that don't seriously affect the quality of the child's program. Bottom line: Be ready to give the school system reasonable leeway on procedural matters while pressing firmly and steadily for quality programs and services.
Caution: while being reasonable about postponements and the like, do make sure that meetings, evaluations and other steps occur early enough in the school year (preferably in the spring of the year before the school year in question) to move the process along toward an acceptable IEP or a hearing to resolve disputes.