|
How do I know if my school has Special Education Programs?
All public schools must adhere to specific federal and state laws and regulations regarding special services for qualified children with special education needs. The federal law, Individuals with Disabilities Education Improvement Act (IDEA) was signed by President George Bush on December 2004. This Act aligned the Individuals with Disabilities Act with the No Child Left Behind Act. As a result, special education and general education requirements have been unified and maintain the rights of every child to receive a free and appropriate public education (FAPE).
What are the principles of IDEA?
IDEA provides for 6 things:
- Free Appropriate Public Education (FAPE)
- Appropriate Evaluations
- Individual Education Program (IEP)
- Least Restrictive Environment (LRE)
- Parent and Student Participation
- Procedural Safeguards (Due Process)
Are the state and federal special education requirements the same?
Not necessarily. The federal laws are considered the minimum requirements. Some states have requirements that exceed the federal standards. In those cases, the state laws prevail.
How do I know if my child qualifies for special services?
The eligibility criteria varies from state to state; however, all schools must adhere to a minimum federal standard. To find out the laws in your state and your rights as a parent, contact your local school district office, or state Department of Education.
I've heard you have to cut through a lot of red tape. Is that true?
You must be willing to do whatever is necessary for your child's best interests. If you have concerns or problems that a teacher cannot or will not address, be willing to follow the chain of command, through the school and to the district office, if necessary.
How can I advocate for my child?
As a parent you have the right to request that the school evaluate your child. Always make your request in writing and keep detailed records.
- Keep a file of your child's educational records and assessment information
- Take notes during all meetings, including phone calls
- Ask for the person's full names and contact information when communicating by phone or by e-mail
- Keeping examples of your child's academic progress: homework assignments, artwork, and tests
- Stay connected. Get to know the people who make decisions about your child's education. Talk with your child's teacher on a regular basis. Volunteer in the classroom and help out with school functions.
- Join a parent support group
- Familiarize yourself with education acronyms
Speaking of acronyms, what is an IEP?
An IEP is an Individualized Education Program. The IEP lists the special services your child needs, establishes goals that your child is expected to achieve in one year, and objectives or benchmarks to mark progress.
Who develops the IEP?
You and the school staff will plan your child's program at an IEP team meeting. (The name of the IEP team meeting varies by state.) The team determines what special services are in the IEP, the location of those services, and needed modifications.
What does the Least Restrictive Environment mean (LRE)?
According to IDEA 2004, special classes, separate schooling, and other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
Under the IEP, your child will be placed in a LRE-the Least Restrictive Environment appropriate to his or her needs. Placement may be in a regular classroom, unless the IEP team determines that your child will not be successful there, even with special additional aids and services.
Do I have any input in this?
Yes. You are an equal member of the IEP team. You have a voice in deciding what services your child will receive and where they will be provided. The other team members include not less than one Special Education and one General Education teacher; School District Representative who can commit resources; Individual who can interpret the instructional implications of evaluation results; Others with knowledge and special expertise; Child with the disability (when appropriate).
What are the options of the parents once the IEP is developed?
Parents must respond to the IEP within 30 calendar days of receiving it in one of three ways:
- Accept IEP as developed
- Reject IEP as developed
- Reject portions of the IEP
What are due process rights?
Due process protects the right of parents to have a say in their child's educational program and to take steps to resolve disagreements. Under due process you may request an impartial hearing to resolve issues.
What is an impartial hearing?
An impartial due process hearing is a meeting between parents and the school district. Each side presents its position to a hearing officer. The hearing officer decides what is the appropriate educational program, based on legal requirements and standards.
Are there any other resolution options?
Yes. You may also seek mediation.
What is mediation?
Mediation is a meeting between parents and the school district under the direction of a mediator. The mediator's task is to help both sides come to an agreement that each finds acceptable.
|
