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Special Education Tip – I Called the Doctor and the Doctor Said – 70-2017

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Rochelle’s Special Education Tips

I Called the Doctor and the Doctor Said

Have you ever received a note from a physician prescribing an IEP or 504 Plan for a child? When you do receive such a note, obtain consent from the parent to speak to the physician. You want to ask the physician why the physician wrote the prescription. Was it because the parent asked the physician to write the note? Or was it because the physician has knowledge of IDEA and/or 504 and believes the student should be eligible under one of these laws? What is it about the child’s medical condition that warrants an IEP or 504 Plan? If you cannot reach the physician, or you do not receive a call back, which is not unusual as they typically do not have a lot of free time to talk on the phone, send the physician a note with your inquiry. Enclose a stamped, addressed envelope to make it easier for the physician to respond.

If the parent will not provide consent for you to talk to the physician, send a letter to the parent asking again for consent.

No matter what, if you receive such a note from a physician, hold an IEP or 504 meeting. It is best, of course, if you can make the necessary contact with the physician before the meeting.

Rochelle’s Special Education Tips (“Tips”) are designed to be helpful and thought provoking, but should not be considered legal advice as they may not be accurate for use in all situations. Tips are based on my opinions and positions in accordance with federal and Maryland law and my over 35 years of experience in the special education legal field. – Rochelle S. Eisenberg, Esquire
Copyright © 2017 Pessin Katz Law, P.A. All rights reserved.
Tips may be reproduced for distribution within the educational institution, the individual school or school system and is for use by their staff. Additional distribution must be approved by author.
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