- In special education law, the courts have said that districts are not required to provide the “best” program but only what is “appropriate.” In special-ed-ese, “appropriate” essentially means “necessary.” In contrast, “best” means “extra but not really needed.” This is a bizarre distinction because for most of us “best” is something that we should provide; it is not something that is “extra.” However, that’s the language in special education court decisions. Therefore, if the expert believes something is “necessary” or “appropriate,” it’s important to actually say that, as it communicates in special-ed-ese that something is truly needed. If the expert says something would be “best” or “optimal,” in special-ed-ese, that means that the district is not required to do that.
- Special-ed-ese is very black-and-white. If the expert says, “you may want to consider,” that translates to “it’s OK to not consider.” If the expert intends to make a recommendation, it’s helpful to say “I recommend.”
- Note that all decisions about the child’s program are decided by the IEP team (in CT, the PPT), which includes the parents and school team. The IEP team is required to CONSIDER expert recommendations but does not necessarily have to implement them. As a result, it is important for experts to make clear recommendations, so the PPT has something to consider. There is no rule against experts making clear recommendations for school. And again, the IEP team will make the final decision about what goes in the IEP.
- When parents provide experts with questions, they are looking for the expert’s true opinion. It is important for experts to not focus on what the parent wants or what the school team wants but only on what the child needs.
- Experts should not artificially limit their recommendations to consist only of those with which the expert thinks the school team will agree. Most parents are looking for experts to recommend what the expert believes the child truly needs, and school teams should be looking for the same. So if you agree or disagree with the parent, that is fine. If you agree or disagree with the school team, that is fine. We are seeking your expert opinion, based on the needs of the child.
Information for experts who are making recommendations related to special education or Section 504. . .
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