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.
By: Paul Epstein
Posts Tagged ‘Appropriate Public Education’
Special Education – The Law is on Your Side
November 16th, 2009The Abc’s Of Special Education
November 14th, 2009
Do Know Your Rights? If Not An Attorney Can Help!
When a child is born with or s stricken with a developmental develops a disability, the Department of Health and Senior Services is legally responsible for making available in-home services at little to no cost to the family. This is called the Early Intervention Program. Some of the services available include, visiting nurses, speech therapists, physical therapists, developmental therapists and occupational therapists.
Once your child turns three-years-old, Federal Law requires under the Individuals with Disabilities Education Act (IDEA) that a preschool child with a disability be provided with “a free and appropriate public education and services in the least restrictive environment.” A child with disabilities could be something as minor as a speech delay or as serious as Autism, Downs Syndrome or Cerebral Palsy.
In many non-English speaking communities, word does not get out that these services exist. Too often parents learn after the fact that the school district is required to provide preschool disabled children with education and other services.
If you think your preschooler might qualify for services, to initiate the process you need to make a written request for an evaluation to your local school district. Preferably this should be done 120 days before your child’s third birthday. Once your school district receives your request a Child Study Team must schedule a meeting with you. A Child Study Team is a crucial component of any special education program. This team consists of a speech-language specialist, a school psychologist, a learning disabilities teacher consultant, and a school social worker. These specialists are selected and paid by your school district. This meeting determines whether an evaluation is warranted. It is your legal right to have any referral considered. The law allows you to have an attorney with you, if you wish, to ensure that your voice is heard and you are fully aware of your options.
If the Child Study Team believes an evaluation is warranted, an evaluation plan will be formalized. An evaluation of your child must include, one structured observation, an interview with you and your child’s teacher if they are in preschool, a review of interventions documented by professionals who worked with your child. The Child Study Team will make independent social, educational, psychological, vision and hearing and speech language assessments.
When the evaluation is completed you will attend an eligibility meeting to discuss the results. If your child is found to be “disabled” under the, law he or she will be eligible for free special education and related services. In Monmouth County each town has their own public special education preschool program and many provide free transportation. If you disagree with the evaluations provided by the school you have a right to request a new or independent evaluation at the school’s expense. If your child is determined to not be eligible for the school you have a right to appeal the decision. An attorney experienced in education and special education law can be extremely beneficial in advocating your appeal of the school’s decision and helping you to secure special education services for your child.
The Individualized Education Program (IEP) is the road map to your child’s education. It is the written plan to address your child’s special needs and abilities. The IEP should give you a voice in your child’s education. Ideally, parents and professionals work together to develop an individualized program that benefits your child and are supposed to be equal partners throughout the evaluation and IEP Process. Unfortunately, parents concerns and requests are sometimes overlooked or ignored due to budgetary constraints, high case loads, and stagnated bureaucracy. Too often parents are not informed of their rights and available tools such as assistive technology, extended school year programs, and positive behavioral supports to help their children reach full potential.
An attorney well versed in education law can advise and advocate on your child’s behalf. Don’t let a child study team tell you that they know their program and they know what your child needs. You as a parent are the expert regarding your child. If you disagree with your child’s program and / or IEP, the law provides you with valuable rights and powerful mechanisms to make sure your child receives all the special services he or she is entitled. You are permitted to bring an attorney to the IEP meeting to help advocate your position and if necessary appeal any decisions made by the school. As parents you are guaranteed a voice in determining the appropriate program for your child. If necessary an attorney can help you be heard.
This article is intended to provide general advice only. It is not intended to take the place of a consultation with an experienced attorney.
By: Nicole Sonnenblick
4 Parenting Tips to Help You Enforce Special Education Law
November 12th, 2009
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!
By: JoAnn Collins
