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
Posts Tagged ‘Learning Disabilities’
The Abc’s Of Special Education
November 14th, 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
Prior Written Notice – What IDEA Requires for Special Education
November 7th, 2009
Are you the parent of a child with autism that has been trying to
advocate, for a specific educational service for your child? Are you
the parent of a child with learning disabilities, who feels that they
need an Orton-Gillingham based reading program, but have no been able
to convince special education services? Prior Written Notice (PWN) may
help you in your fight. This article will discuss what the Individuals
with Disabilities Education Act (IDEA) requires as far as PWN, so that
you can use it to advocate for needed educational services, for your
child.
Prior written notice must be given according to IDEA, “whenever the
local educational agency (your local school district) a. they propose
to initiate a change or b. refuses to initiate or change, the
identification, evaluation or educational placement of the child, or
the provision of a free appropriate public education to the child.”
PWN must contain:
a. Description of the action proposed or refused by the agency;
b. An explanation of why the agency proposes or refuses to take the
action and a description of each evaluation procedure, assessment
record, or report the agency used as a basic for the proposed or
refused action;
c. A statement that the parents of a child with a disability have
protection under the procedural safeguards of this part;
d. Sources for parents to contact to obtain assistance in
understanding the provisions of this part;
e. A description of other options considered by the IEP team and the
reason why those options were rejected;
f. A description of the factors, that are relevant to the agency’s
proposal or refusal.
For example: You believe that your 7 year old with a learning
disability needs an Orton-Gillingham based program. You bring it up at
your child’s IEP, and the IEP team refuses to discuss it. You should
ask for PWN, which must include the above 6 items.
Once you receive PWN, you will understand why special education
personnel are refusing to give your child, an educational service that
they need. You can decide, whether you would like to file for a due
process hearing, to prove that your child needs the Orton-Gillingham
reading program.
While PWN can be difficult to understand, your taking the time to
learn about it, will be beneficial to your child.
By: JoAnn Collins
