Special Education – The Law is on Your Side

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.

6 Things You Need to Know About State Special Education Laws That Will Empower Your Advocacy!

Are you the parents of a child with Autism or other type of disability who receives special education services? Are you currently having a dispute with your school district related to your child’s education? Would you like to learn about State special education laws and regulations to use in your advocacy? This article is for you and will be discussing these laws,and information that you need to know to empower your advocacy!

1. Every state is required by IDEA 2004 (federal special education law) to have laws and regulations that will show how they will be complying with the law.

2. State regulations cannot “establish provisions that reduce parent’s rights or are otherwise in conflict with the requirements of IDEA and Federal Regulations.” Federal law “trumps” or is stronger than State law. State law can give a parent more rights but cannot take away rights.

3. Many States laws are not consistent with federal laws.

4. Some states have been told that they must change their state regulations to be consistent with federal law. For example: New Jersey stated in their regulations that school districts had the right to test a child in an area that they did not previously test—if a parent asked for an independent educational evaluation at public expense (IEE at public expense). Office of Special Education Programs (OSEP) found this inconsistent with IDEA 2004 (300.502). They have required NJ to revise their regulations and until they do so make sure school districts are not evaluating children in an area not previously evaluated before paying for an IEE.

5. Other States regulations are also inconsistent with federal law but have not been told by the U.S. DOE that they must change their regulations. One example is New York who has a regulation that ESY eligibility is only for children with multiple disabilities and/or who show regression and slow recoupment. This is not consistent with federal special education law and may hurt children by denying them needed services. Another example is in my State of Illinois the parent guide states that parents must “request” an IEE before the testing is done. IDEA 2004 states that parents have the right to “obtain” an IEE if they disagree with the schools evaluation. A letter to the Illinois State Board of Education pointing out this inconsistency was answered with this statement “The office plans to review the identified guidance document and initiate any necessary revisions during the summer of 2012. Your information will be considered during the course of that process.” It is now 2014, and I will not be holding my breath for the State of Illinois to revise their parent guide.

6. OSEP policy letters often address inconsistent State laws and regulations! They are great advocacy tools and can be found at: http://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/index.html#topiclisting. I use them all the time to show special educators how the Office of Special Education Programs (at the U.S. DOE) interpret IDEA 2004 and inconsistent State regulations.

By understanding these 6 things about State Special Education Law, your advocacy will be empowered! Good Luck!

Special Education Laws

Special education refers to the education of children with physical disorders or disabilities, psychiatric disorders, emotional distress, behavioral disorders, and learning disorders. Traditional educational techniques or school programs do not sufficiently meet the requirements of these children. Children with special education needs are guaranteed rights to services in schools under federal and state laws. These laws include Americans with Disabilities Act (ADA), Section 504 of the Vocational Rehabilitation Act, Individuals with Disabilities Education Improvement Act (IDEA 2004), Individuals with Disabilities Education Act of 1997 (IDEA 1997), and No Child Left Behind (NCLB). These laws guarantee special education programs and financial assistance for disabled children and youth in the United States.

The Individuals with Disabilities Education Act (IDEA) of 1997 is a federal law that governs all special education services for children in the United States. The major objective of IDEA is to provide free and appropriate public education in the least restrictive environment. The IDEA 2004 is a revision or reauthorization of IDEA 1997, which preserves the civil rights guarantees of IDEA 1997, but makes substantial changes regarding how schools determine whether a child has learning disability and needs special education services. Services to very young children, i.e., infants and toddlers, are also covered under the IDEA. Section 504 of the Rehabilitation Act of 1973 is a civil rights legislative act, which proscribes discrimination against children with disabilities and provides them with reasonable accommodations. Under section 504, any person who has an impairment that substantially limits a major life activity is considered disabled.

The Americans with Disabilities Act (ADA) commands all educational institutions to meet the needs of children with psychiatric problems. In the United States, procedures for the implementation of the Federal laws and procedural safeguards are different in different states and therefore parents should have a good knowledge of the rules and regulations in their particular area. For any assistance, parents can always contact the regional office of the U.S. Department of Education Office for Civil Rights.