STATE HOUSE – Parents frustrated by the process of advocating for their student’s needs through their individualized education plan (IEP) or 504 plan have a new resource, thanks in part to work by Rep. Lauren Carson.
The Department of Education now offers impartial facilitators who can help prevent and resolve conflict during the IEP/504 meeting process. The facilitators are trained to help resolve conflicts and to keep the meetings focused on creating a plan in the best interest of the student. Facilitation is a free service provided by the Rhode Island Department of Education’s Office of Student, Community, and Academic Supports.
The new service was the result of discussions that began in 2020 with virtual meetings held by Representative Carson (D-Dist. 75, Newport) and Rep. Terri Cortvriend (D-Dist. 72, Portsmouth, Middletown) for Aquidneck Island families of students with IEPs or 504s to discuss the challenges they faced in getting services for their children during the pandemic, but also in the past and likely in the future.
In response to their concerns, Representative Carson introduced legislation (2022-H 7536) to establish an ombuds office for special education, independent of the Department of Elementary and Secondary Education, to ensure school districts throughout the state meet the standards required to comply with individualized education programs for students with disabilities.
While the bill got as far as passing the Senate and not the House last year, the discussions and hearings on it resulted in the Department of Education agreeing to provide a facilitation program instead.
“The bottom line is that families need help. Often IEP and 504 meetings are a negotiation between parents who want their students to have all the support they need and schools that generally want the same, but have limited resources and most of the control. When parents believe their child isn’t getting the proper supports, up to now the only recourse has been to hire a lawyer at their own expense,” said Representative Carson. “The new facilitation program is a much better next step without any cost to families. Having a trained person moderating the process will ensure that the student’s needs are front and center, and that parents won’t feel like they are all alone in a David-vs-Goliath situation when they have to advocate for their child.”
Facilitation is completely voluntary, and not a requirement for the IEP or 504 process. Requests for a facilitator may be initiated by the parent (or student if over 18) or the school district, and participation must be agreed upon by both parties.
Representative Carson urged all parents and guardians of students with IEPs or 504 plans to look into the program to decide whether they would benefit from it. For more information or to request IEP/504 facilitation, visit ride.ri.gov/students-families/facilitated-iep504-meetings.
Source: Rep. Lauren Carson
I am a parent with a child that has an IEP. I have gone through RIDE and done a mediation. This program has failed me and my child. The school did not follow through with our agreement. Also trying to get assistance in the first place for a mediation is horrible. I have left my name and sent emails but they have not contacted me until I decided to go in person to put a complaint. My child is still in need. They wonder why parents need to get lawyers. I don’t know where else to go but to a lawyer now..