Robyn's Nest - The Parenting Network - A Parent's Guide to Special Ed Part 1

A Parent's Guide
Part 1

How a child becomes eligible for special education and related services

A Parent's Guide: How a child becomes eligible for special education and related services, parents' rights and responsibilities, and a school's rights and responsibilities.

Letter Writing and Your Rights as a Parent:

Throughout your child's school years, there will always be a need to communicate with school: teachers, administrators, and others concerned with your child's education. There are also times when the school needs to communicate with you, as the parent.

Some of this communication is informal, such as phone calls, comments in your child's notebook, a chat at the bus stop or at a school function.

Other forms of communication are more formal and will need to be written.

Letters provide both you and the school staff with a record of concerns, and suggestions.

Putting your thoughts on paper gives you the opportunity to take as long as you need to state your concerns specifically, to think over what you've written, to make changes, and perhaps to have someone else read over the letter and make suggestions.

Letters also give people the opportunity to go over what's been "said" several times. A lot of confusion and misunderstanding can be avoided by writing down thoughts and ideas.

However, writing letters is a skill.

Each letter will differ according to the situation, the person to whom you are writing, and the issues you are discussing.

Letters are used to:

1. Discuss a problem.
2. Request an initial evaluation for special education services.
3. Request a meeting to review the Individualized Education Program (IEP)
4. Request a change of placement.
5. Request records.
6. Request an independent evaluation
7. Request a due process hearing.
8. Write a Follow-up letter.
9. Give positive feedback.

Sample letters can be found online at http://www.autism-pdd.net/guidep.html addressing the issues above.

Let's talk about how to go about requesting services for your child.

Free Education Each state and school district has its own guidelines for special education. Again, it is important for you to ask your Director of Special Education or your school principal to explain them to you. They will also provide you with written guidelines.

These guidelines will tell you exactly what you have to do to request services. It's a good idea to put all your requests in writing, even if it's not required by your school district. A letter will avoid confusion and provide everyone you, the school, and evaluation team -- with a record of your request.

[ALWAYS KEEP A COPY OF EACH LETTER YOU SEND]

About Your Rights:

Your rights begin with your child's right to a Free and Appropriate Public Education. This is often referred to as FAPE. Free means that your child's education is at public expense and at no cost to you. Appropriate means that the educational program for your child will be tailored to individual needs. Any change in the provision of FAPE to your child should be in writing.

You, as a parent, have the right to be fully informed by the school of all rights that are guaranteed to you under the law. Each state, county, and school system has written policies and guidelines that are available to you. Ask your child's school to send you copies.

Your rights also include:

1. The right to be notified, whenever the school wants to evaluate your child, either to identify a possible disability or to measure changes in your child's needs; the school wants to change your child's educational placement; or the school refuses your request for an evaluation or a change of placement. The school must notify you in writing for all of the above.

2. The right to request an evaluation of your child if you think your child may need special education and/or related services. It is best that you put this request in writing.

3. The right to informed consent. For example, if the school is suggesting that your child be evaluated for a possible disability, then this means that you sign a form which says you understand and agree with the proposed plan to evaluate your child. There are other occasions when a family's written consent will be required.

4. The right to obtain an independent evaluation from professionals outside the school system. The results of these evaluations must be considered in any educational decisions made for your child. You also have the right to request that the school system pay for an independent evaluation if you believe the school's evaluation was not appropriate.

5. The right to request a re evaluation to determine if your child's educational needs have changed. Depending on the results of this re-evaluation, a new Individualized Education Program (IEP) may be developed and a change in placement may be recommended.

6. The right to have your child tested in the language he or she knows best. For example,
if your child's primary language is Spanish, and he or she is not fluent in English, then you have the right to request that your child be tested in Spanish. If your child is deaf, he or she has the right to an interpreter during testing.

7. The right to review all your child's records. You may also obtain copies of these records, although the school may charge you a reasonable fee for making copies. If you feel that any of the information contained in your child's records is inaccurate or misleading or violates the privacy or other rights of your child, you may request that the information be changed.

If the school refuses your request, you have the right to request a hearing to question the school's refusal.

8. The right to participate in the development of your child's IEP. The school must make every effort to notify you of the IEP meeting and to arrange it at a time and place that is convenient for everyone who will attend.

9. The right to the least restrictive educational environment for your child. Whenever possible, students should be educated in their neighborhood school with other children their age. The specifics of how this will be accomplished is part of the IEP.

10. The right to a yearly review. The school must review your child's IEP at least once a year and must re-evaluate your child at least once every three years. But you, as parents, can request an IEP review at any time you feel that your child's needs have changed.

11. The right to a due process hearing. If the school and family cannot come to an agreement on the needs, placement, or program of a student, both parties have the right to request a due process hearing to resolve their differences.

Your Rights SOME BACKGROUND INFORMATION:
The Individuals with Disabilities Education Act, (IDEA), Public Law (P.L.) 101- 476 (formerly known as the Education of the Handicapped Act, [EHA], P.L. 94 -142 and its amendments), mandates minimum requirements for a free appropriate public education for children and youth with disabilities, including early intervention services, and defines these children's rights.

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