A great IEP article applicable to life

I like this article by Lisa Lightner titled “6 ways to get your IEP school year off to a great start!” because it can translate to other life situations, including legal matters.  Replace “IEP” (Individualized Education Program, a document developed for a school child needing special education) with dispute with a neighbor, or complaint with a company over a product or service to see that it has applications to many situations.  It focuses on mindset, boundaries, rational approach, documentation, and outcome.  Have a positive mindset–give people a reason to want to help you, not do everything they can to avoid you; know your boundaries in the matter and where you draw the line–some things are non-negotiable, so decide what they are and stick to them; act in a rational manner and leave emotions and pettiness at the door; keep thorough written records and documentation–negotiating from evidence in front of you is far more compelling; and keep your focus on the outcome, not the behavior of the people, so if you want a replacement product then focus on that, not how customer service did this or a manager said that.  Here is the article from the special education blog “A Day in Our Shoes” :

  1. Use this as a chance for a fresh start. Regardless of what has happened in the past, resolve to let everyone start with a clean slate. I’m not saying forgive and forget, if you or your child has been horribly wronged, but give them a chance to do the right thing. Chances are that many of your IEP team members are new this year, so be positive. Give everyone the benefit of the doubt, once. Remember, previous team members may have told your new team negative things as well, so dispel it! Be polite, courteous, and make them wonder why anyone would ever say that you are difficult to work with.
  2. Don’t be a drama mama. Not every situation requires that we amp up to 10 right away. Take a deep breath. Evaluate the situation. Is it a non-negotiable or significant safety issue? Stay level headed. I see a lot of words get tossed around in the Facebook group like “That’s a violation!” or “That’s illegal!” Ok, it may be, but there’s no need to be so dramatic all the time. Drama mamas yell “That’s an IEP violation!” while it may be more productive to say to yourself, “Ok, they are not following the IEP, and my child is not receiving XYZ. What can I do to help fix this?” If someone tries to engage you in petty behavior, don’t.
  3. Keep good records. Document, but only for yourself in the beginning. New school years can be hectic. Therapy sessions may be missed. Scheduling snafus will happen. Like I said above, give everyone the benefit of the doubt, once. Keep good records so that if things do not get on track within the first two weeks or so, you have the data.
  4. Review the IEP. Re-familiarize yourself with it, particularly if you haven’t looked at it in a while. What are your non-negotiables? Certain things like life threatening food allergies, insulin, elopers….some things cannot be skipped even one time.  Make notes of what you want to keep a high priority and what needs to be changed.
  5. Be solution oriented. Don’t just approach your team with problems. Have a few solutions ready for them to implement.
  6. Use the IEP process. There are 5 portions of the IEP process that are particularly conducive to parent participation. Use them. Be fully engaged in the entire IEP process, and stay away from doing things that are not helpful or part of the process. Examples would be cc’ing people on emails who really do not need to be involved, ignoring chains of command and stuff like that.
  7. Stay child focused. When evaluating situations, stay away from what staff members did or didn’t do. Stay focused on what your child did or did not receive, that they need, per their IEP.

The IEP process certainly has its flaws, but it is the system that we’ve been given to use. Use it. You can use it to your advantage. Know your rights, read your procedural safeguards. Regardless of the history between you and your team, you can change it around. Focus on what you can control, and what is going to help your child.

Contact me at julie@juliemillslaw.com with any IEP or special education questions.

The Service Dog at Outback Steakhouse

I see more confusion with laws covering service animals than almost anything else.  Most surprising is when attorneys are dispensing incorrect information (this article is replete with incorrect information).  Business owners who conduct their own research (even on reputable sites) or consult with their attorney still get conflicting advice.  So, what is the law on service animals for businesses?

First, businesses contemplating their rights and responsibilities regarding service animals are under the coverage of the Americans with Disabilities Act (ADA).  Businesses are “places of public accommodation” under the ADA and include restaurants, hotels, stores, medical offices, theaters, schools, recreation facilities…  If you are thinking about your friend with an emotional support rabbit in her apartment, or the woman who took her emotional support pig on the airplane with her (true story.  Pig defecated in the aisle and caused passengers to get sick), then this post does not apply to you.  The rabbit in the apartment and the pig on the plane are both under coverage of different federal laws.

Second, the only species that businesses are required by the ADA to accommodate are dogs and miniature horses.  Yes, miniature horses are about the size of large dogs, easily trained, and typically have more than double the working life (24 years) than a dog (10 years).

Third, a service animal should be almost invisible to patrons, completely attune to its handler.  A dog running around, decked out in overly-obvious service dog vests, running up to others, is likely not a service dog.  The yellow lab I saw at O’Hana at Disney World that was covered in service dog vest and patches, and had his front paws up on the table while looking at its person and begging for food—not a trained service dog.  The large Great Dane sitting in a booth at Outback Steakhouse, eating off a plate?  Service dog or not, the restaurant was not required to permit the dog to eat at the table and off of a plate.  In these instances, businesses can ask the handler to remove the animal.

Myths about service dogs:

  • They must be registered or certified. (No.)
  • They must have “papers.” (No.)
  • They must wear identifying vests, or other garb. (No.)
  • They must be formally trained.  (No.)
  • They can be made to wait outside while their handler eats or shops inside. (No.)
  • They cannot go into hospitals. (They can go to into hospitals, including staying in the hospital room, accompanying to medical testing.  They can be refused into “sterile’ areas such as operating rooms and burn units.)
  • They cannot go into food prep areas. (If the public can go there, a service dog can go there.  The kitchen, where customers can’t go?  Then no.  The kitchen, like at Buca di Beppo that has a table for dining that is situated basically in the kitchen?  Then a service dog can go to that table.)
  • They can’t be pit bulls. (They can be, and they are.)
  • They aren’t permitted somewhere if someone has allergies or fear of dogs.  (Not true.  The Department of Justice specifically states that allergies and fear of dogs are not valid reasons to exclude.)

With very, very few exceptions, a service animal can go wherever its handler or the public goes.  A service animal is not a pet and is, under the law, no different than other medical equipment such as a wheelchair or oxygen tank.  Federal law such as the ADA trumps state law and local codes, including health codes, zoning laws, city codes, breed ban legislation, and other state and local laws.

Contact me with any questions at julie@juliemillslaw.com.

August is #NationalMakeAWillMonth!

August is #NationalMakeAWillMonth.  What are you doing to celebrate—having a will prepared this month?  Instead of discussing what happens with a will, here’s what happens without one.

When you die and you have not prepared a will, you die intestate.  The laws of “descent and distribution” in your state kick in, and the court uses these laws to decide who gets what.  The court appoints a person to administer your estate.  The court decides who will care for your children.

Without a will:

  • You don’t decide who gets what assets you own
  • You don’t dictate who winds up your affairs
  • You don’t choose who will parent your children
  • You don’t decide where your pets will go
  • You don’t decide whether you’ll be buried or cremated, or where you’ll be buried

Celebrate #NationalMakeAWillMonth by having a will prepared this month.  Take control of what happens to your assets at death!