Special Education – The Law is on Your Side

Help is available– and the law is on your side. Its promise is simple: Every child counts. Every child is entitled to an education. Every eligible child with a disability is entitled to a “special” education – one that confers “meaningful benefits.” That is what Congress has said. That is what the United States Supreme Court has said.

The law protects every child. The law protects you as your child’s parent.

Individualized Education Plan (IEP) – Every special-education student must have an Individualized Education Plan (IEP) developed by a team that includes parents, teachers, school administrators, and other professionals. An IEP establishes educational goals and describes the special services that will be provided to the student.

Due Process – Special-Education law provides many due-process hearing and appeal procedures.
“Section 504″Classroom accommodations are available to many students (K-12 and college) who have disabilities.

There are only five modes of communication that can lead to a disability; they are auditory, visual, verbal, nonverbal and tactical communication.

If your child’s disability is affecting their education, they may be eligible to receive services under the IDEA (Individuals with Disabilities Education Act) or Section 504 of the Rehabilitation act of 1973. The IDEA requires public schools to locate and identify children with disabilities who may need specialized education. These children must “have available” to them a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs” 20 U.S.C. sec. 140(d). Children with disabilities must “to the maximum extent appropriate [be] educated with children who are not disabled” 20 U.S. C. 1412 (e)(5).

Many parents find themselves in a situation where their child is either struggling academically or having discipline problems in school. Often times, there maybe an unidentified disability causing these problem. If they do have a disability that is negatively affecting their education, they would likely benefit from special education services.

Special Education services may include:
Occupational therapy
Speech and language therapy
Resource specialist programs
Modification of the regular education programs
Special day classes
Non-public schools
Residential treatment, and many more.

If you believe your child will benefit from special education services call a professional. Your child only goes through their education process once, so give your child the best chance for the future by making sure they have the type of education that helps them learn and succeed. Nothing is more important to their future.

4 Parenting Tips to Help You Enforce Special Education Law

Do you have a child with a disability who is receiving special education services?

Are you frustrated because it is hard to get needed educational services, for your child? Would you like a few parenting tips, to help you make sure that special education personnel follow IDEA? This article will discuss 4 parenting tips, that will help you in enforcing, the Individuals with Disabilities Education Act (IDEA).

IDEA enforcement by law is to be the Office of Special Education Programs (OSEP), which is part of the Department of Education. They are responsible in making sure that states, are in compliance with special education law. States are responsible for making sure that individual school districts comply with IDEA.

The reality is that parents are the main enforcement mechanism of special education law. Below are 4 tips to help you ensure that your school district is complying with IDEA, for the benefit of your child.

1. Develop a working knowledge of the Individuals with Disabilities Education Act. By doing this, you will know where to look when you need a particular section of the law. For Example: If you would like to look at what is required for a free appropriate public education (FAPE), you would look under 300.101. Or Least Restrictive Environment (LRE) at 300.115.

2. Develop a working knowledge of your state regulations on special education (This is how the state is going to comply with IDEA). Some states regulations are actually better for children and parents, than federal law. By understanding these, you will be able to use them to ensure that your school district is complying with the educational law. You can get a copy of your state regulations from your state board of education.

3. Bring copies of the laws with you to any IEP meeting for your child, and place them on the table. You will be able to look up certain sections during the meeting, in case you need them.

By bringing up the special education laws that apply, you will make sure that you school district is following them. You also want to make sure, that the special education personnel in your district understand that you know the laws, and that you will be making sure that they follow them.

Also, when you write letters to school personnel, always quote IDEA or the state regulations, for special education when you can. This will help bolster your case, for whatever you are asking for.

For example: IDEA states, that my child has the right to a free appropriate public education, which I believe that she is not receiving at this time. In order for my child with a learning disability to receive FAPE, she must receive the appropriate amount of reading remediation, using simultaneous-multi sensory reading program such as Orton-Gillingham.

4. If your school district is in non compliance with the procedures of IDEA, consider filing a state complaint. The state complaint is filed with your state board of education; special education department.

The complaint should state the violation, the number in IDEA that is being violated, what your evidence is of the violation, and also the proposed resolution of the violation. Also, you can put more than one violation in a complaint, but number them for easier reading and tracking.

By doing these four things, you will be able to understand when special education personnel are not following special education law. It is sad that parents are the main enforcement arm of IDEA, but it is reality! Good luck, and stay focused, for the benefit of your child!

4 Reasons Why Inconsistent State Special Education Laws May Be Harming Your Child’s Education!

4 Reasons why inconsistent State Special Education Laws may be Harming Your Child’s Education! By JoAnn Collins Key words: Autism, PDD, Asperger’s, IDEA 2004, specific learning disability, SLD, IEE’s at public expense, FAPE
Are you the parent of a child with Autism, Pervasive Developmental Disorder (PDD) or Asperger’s that is having a dispute with your school district? Are you concerned about your States special education laws, and whether they are in compliance with IDEA 2004 (federal special education law)? Many states seem to have special education laws that are inconsistent with federal special education laws. This article will discuss why these inconsistent State laws may be harming your child’s education.

1. Some school districts are using State laws to deny children eligibility for special education. For example: In Maine the State laws require that children suspected of having a specific learning disability (SLD) must score 1.5 standard deviations below the mean in two or more areas of psychological processing, but cannot be more than 1.5 standard deviations below the mean (mean is average). In OSEP policy letter to Hugo OSEP states that this is inconsistent with federal special education law because it may result in children with SLD not being properly identified. A child not receiving needed special education and related services could negatively affect the child’s education and future adult life!

2. Some school districts are using State laws to deny children needed ESY services. For example: In New York their State laws say that in order for a child to be provided ESY services they must have substantial regression (with a long recoupment period). They also state that a child needs to be in self-contained placements, have severe multiple disabilities, or be in home and hospital placement. This is inconsistent with IDEA 2004 which states that ESY services must be determined on an individual basis, and given if a child needs the services so that they can receive a free appropriate public education (FAPE).

3. Some school districts are preventing parents from “obtaining” IEE’s at public expense by using State laws requiring “pre-notification” or “requesting” of the IEE. IDEA 2004 (federal special education law) states that parents have the right to “obtain” an IEE at public expense when they disagree with a school evaluation. Some States laws are taking out the word “obtain” and putting in the words “request” or “pre-notify.” For Example: In my State of Illinois the regulations state that parents “must request” an IEE at public expense rather than parents “have the right to obtain” the evaluation. This may prevent you from determining what your child’s disabilities are and what services your child needs for FAPE

4. Some school districts are using State laws to deny parents “meaningful participation” in all aspects of their child’s education. For example: In Maine their State law requires parents to submit written statements of concern at least three days before a scheduled IEP meeting. In OSEP policy letter to Breton OSEP states, “However, the IDEA does not permit a public agency to establish criteria for parental participation in an IEP meeting. Therefore, we maintain that it would be inconsistent with… IDEA for a local educational agency to adopt a blanket policy requiring parents to provide a written copy of their concerns to the IEP team three days before the meeting in order to have their concerns addressed in that meeting.”

Use this information in your advocacy to ensure that your school; district is in compliance not only with State law, but also with Federal law.