Posts Tagged ‘Fape’

Inclusion for Children With Disabilities, Are There Other Options?

January 8th, 2010



Are you the parent of a child with autism or another disability, that thinks your child should be in another placement, other than a regular classroom. Have you been told by special education personnel, that they only offer inclusion for children, and you feel that your child needs more intense special education services? This article will explain continuum of placement options, which is part of the Individuals with Disabilities Education Act (IDEA). By knowing the law, you will be able to more effectively advocate for your child’s education.

Continuum of placement option is in IDEA at 300.115 This section “Requires each public agency to ensure that a continuum of alternative placements (including instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions), is available to meet the needs of children with disabilities for special education and related services.”

This means that school districts can not only offer inclusion, to children with disabilities. If your child needs more intense educational services, they must offer those also. The continuum could mean more “supplementary aids and services in the regular education environment,” more resource help, special education classroom, special education school etc.

Some school districts use a cooperative type system, where several school districts go together to provide special education services. The bottom line is, that special education personnel are responsible for giving your child a free appropriate public education (FAPE).

If your school district is not giving, your child FAPE, there is a provision in IDEA to place your child in a private school, and seek reimbursement. IDEA requirements are very strict in this area, if you do not follow them, you may lose reimbursement. Make sure you understand what the law says, before you remove your child and place them in private school. The school district will probably file for a due process hearing, to prove to a hearing officer that they are giving your child FAPE. If you are able to prove your case, the hearing officer will require the school district to reimburse you for the private school costs.

School districts are required to give children with disabilities a continuum of placement options to meet their unique educational needs. By understanding this concept you can fight for the education that your child needs, and deserves.

By: JoAnn Collins

5 Reasons Why your Child in Special Education May Not be Getting FAPE, and How You Can Help

November 18th, 2009



Does your child receive special education services and you wonder if
they are receiving an appropriate education? This article, will
discuss 5 reasons why your child may not be receiving a free
appropriate public education. And also, what can you do about it?
There is a lot that you can do to ensure a free appropriate public
education for your child.

Reason 1: Many special education personnel have extremely low
expectations, for children with disabilities. You must have high
expectations for your child, just because they are not learning, does
not mean that they can’t. They may need to be taught a different way.

Reason 2: Some special education personnel limit or refuse to provide,
educational and related services that children with disabilities need.
Some special education personnel will even deny that a child has
autism, so that they do not have to provide more intense special
education services. It is your job as a parent to fight for the
services that your child requires. Try to meet other parents, of
children with disabilities, in your school district. Help each other
advocate, and attend each other’s IEP meetings. Together you will be a
strong group.

Reason 3: The curriculums, that some school districts use to teach
children with disabilities, do not work. Special education personnel
are often reluctant to change methodology, even if the child is not
learning. Investigate different curriculums, for your child’s
disability. Join disability organizations and meet other parents. This
will allow you to share information with each other, what works.

Reason 4: Parents, are often forced to pay for independent
educational evaluations (IEE’s), to prove that their child needs
certain special education services. If a parent must pay for an IEE,
to ensure that their child receives a free and appropriate public
education, then the education is no longer free. If your school
district evaluates your child, and you disagree with the evaluation
(or the way it is interpreted), then the Individuals with Disabilities
Education Act (IDEA), gives you the right to have an Independent
Evaluation at Public Expense. My book Disability Deception has an
entire chapter on IEE’s that will give you more information on this
subject.

Reason 5: Many school districts suspend children with disabilities,
for behavior that is part of their disability. Educate yourself on
what IDEA requires as far as behavior/discipline. Special education
personnel can suspend a child up to 10 days.

Within 10 days of a decision to change a child’s placement they must
convene a manifestation determination meeting. This meeting is being
held to determine if the behavior is part of your child’s disability.
If it is, they must do certain things to include developing a positive
behavior plan. If they determine that the behavior is not part of your
child’s disability, then they can discipline them as they would a non
disabled child. You can file for a due process hearing, if you
disagree with the school districts manifestation determination
decision.

By knowing why most children do not receive FAPE, you can advocate
hard for your child. They are depending on you, because they may not
be able to stand up for themselves.

By: JoAnn Collins

Special Education Advocates Role in Advocating For Children With Disabilities

November 8th, 2009



Are you the parent of a child with autism or other disability? Would you like to know what an advocate does in the special education process? Do you wonder if a special education advocate could help you in fighting for needed services, for your child? This article will explain what the role of a special education advocate is, and whether they could help you advocate for a free appropriate public education (FAPE) for your child.

There is currently no certification for special education advocates! This is the reason why it is sometimes difficult to find one that is knowledgeable, and has expertise in special education.

The role of a special education advocate is to:

1. Have a working knowledge of state and federal laws that cover special education, and know how to use them to advocate for children. Federal law is Individuals with Disabilities Education Act (IDEA). Each state is required to have a law that must comply with IDEA.

2. Understand different types of disabilities and have experience advocating for children of different disabilities

3. Take time to know the child, and work with the parent to determine what services and placement a child needs, and advocate for them! This may require the parent getting an independent educational evaluation with a qualified evaluator.

4. Educate parents as to research based practices, as well as best practices. IDEA requires, that curriculum and programs be scientifically research based, which parents need to understand.

5. Have knowledge of different school districts and also how to advocate with different personalities of special education personnel. People are all different and the advocate must understand the best way to deal with the different personalities.

6. Act in a professional manner, whenever possible, to help parents get needed special education services and placements for their child. A good advocate is firm and refuses to back down when intimidated by special education personnel.

7. Teach parents advocacy skills so that they may learn how to advocate for their child!

A special education advocate can be extremely helpful in advocating for your child. If you think an advocate could help you check out your local disability organizations, and see if they have an advocate on staff. Check organizations such as a Center of Independent Living, Parent Training and Advocacy Centers (available in all states). If you hire a private advocate make sure you check their credentials, and make sure that they have experience with children with your child’s type of disability. This will ensure that the advocate understands what your child needs, and will be able to advocate for them.

By: JoAnn Collins