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 ‘Eligible Child’
Special Education – The Law is on Your Side
November 16th, 2009Getting Important Methodologies Like ABA in Your Child’s Special Education Program
November 9th, 2009
Are you the parent of a young child with autism that thinks that your child needs an applied behavioral analysis (ABA)program? Are you the parent of a child with dyslexia or other learning disabilities who thinks that your child needs an Orton-Gillingham Based multisensory reading program? Would you like to learn how to advocate for these particular methodologies for your child? This article will discuss what methodology means, and information that you can use to advocate for the appropriate methodology for your child.
Methodology means the specific curriculum or program that special education personnel are going to use, to teach your child. Some of the most popular methodologies for teaching children are ABA (for children with autism) or an Orton-Gillingham based multisensory reading program for children with dyslexia or other reading disabilities.
Many special education personnel continue to tell parents that they have no right to tell them what methodology to use. Below are 4 points that you can make with school personnel to get the methodology that your child needs in order to benefit from their education.
1. The Individuals with Disabilities Education Act (IDEA) 2004 states under 300.26 that: special education means specially designed instruction means adapting as appropriate to the needs of the eligible child . . .the content, methodology, or delivery of instruction.
This section is one of the most important clarifications in the IDEA law. It
gives parents the right to discuss the content, methodology and delivery of education to their child. The discussion of methodology is important for all children but especially those children with autism or language based learning disabilities.
2. In a recent court case entitled KL vs. Mercer Island School District found that: The particular teaching methodology that will be used. . .will need to be discussed at the IEP meeting and incorporated into the student’s IEP.
3. Another court case the US District Court for the Northern District of Illinois discussed methodology in the case of TH vs. Palatine School District. The court held that the school’s argument that it had the right to choose methodology was not valid since the school district had no methodology. The US Supreme Court decision in Rowley could only apply if the school had chosen and implemented a methodology calculated to allow the child to make meaningful progress.
4. There is no legal basis for school districts decision to not discuss or specify the methodology in a child’s IEP! School districts position on this contradicts common sense. IDEA regulations require that the IEP should include related services and supplementary aids and supports to be provided to the child, and a statement of the program, modifications or supports. It is mind blowing that school districts take the position that it should specify the supports and modifications which may be dependent on the methodology, but not specify the methodology.
If you feel that your child needs a particular methodology in order to benefit from their education, bring it up at an IEP meeting. If the IEP team feels that they do not have to put the methodology in your child’s IEP, bring up all of the 4 points above! Put special emphasis on the wording of IDEA which does include the word methodologies. You may have to fight for a particular methodology that your child needs, but it will be well worth it!
By: JoAnn Collins
