This is a good basic resource for those local groups planning or doing
outreach to youth.
kelly
>From the web page http://www.pluk.org/PR1.html
Parents' Guide to the Special Education Process
Prepared By:
Katharin A. Kelker, Ed.D.
(c) Parents, Let's Unite for Kids 1998
The contents of this pamphlet were developed under a grant from
the Department of Education. However those contents do not
necessarily represent the policy of the Department of Education
and you should not assume endorsement by the Federal Government.
(c) Parents, Let's Unite for Kids, 6/87. Revised 6/94.
Table of Contents
Education is a Right
Special Help is Available
Special Education Means an Individual Program
Related Services Help Children Learn
Parents are Involved in Special Education
Evaluation
Child Study Team
Independent Evaluation
Labeling
Placement in Special Education
Least Restrictive Environment
Individualized Education Program
Parents are Part of the Team
Getting Help with the IEP
Review
Confidentiality
Disagreements
Due Process Hearing
Complaints
Review of Your Rights
Finding Out More About Your Rights
Education is a Right
Children with disabilities have the right to an education. It
doesn't matter what disability the child has or how severe the
disability is. Every child has the right to a FREE, APPROPRIATE
public education. The law that guarantees an education for
children with disabilities is called the Individuals with
Disabilities Education Act or IDEA.
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Special Help is Available
As a parent, you can make sure that your child gets an
education. If your child needs special help at school, services
are available through SPECIAL EDUCATION. Special education means
instruction that is designed to meet your child's unique needs.
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Special Education Means an Individual Program
Children in special education are taught in special ways. Each
child has a program designed just for him or her. Some children
study academic subjects in special education. Other children
learn to take care of themselves and live more independently.
Children can get a little or a lot of help through special
education.
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Related Services Help Children Learn
Some children cannot learn in school unless they have special
services called "related services." These related services may
be:
* speech therapy
* physical therapy
* occupational therapy
* transportation
* counseling
* or other things.
Your child has a right to these related services if they are
necessary to help him or her learn.
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Parents are Involved in Special Education
The law says that school staff must include parents in every
step of the special education process. As parents, you have a
responsibility to take part in planning your child's program.
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Evaluation
Before a child can be in a special education program, the child
must be evaluated. An evaluation may include:
* testing
* observation
* review of records
* collection of samples of your child's work
* other types of information.
School staff must tell you when they plan to test your child.
You must give your permission in writing before your child can
be tested.
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Child Study Team
The Child Study Team (CST) includes you and members of the
school staff. The CST looks at the results from the evaluation
and decides whether or not your child is eligible for special
education. To qualify for special education, the child must have
the characteristics of a particular disability and must be in
need of special services. The disability categories include:
* cognitive delay
* hearing impairment (includes deafness)
* speech/language impairment
* visual impairment (includes blindness)
* emotional disturbance
* autism
* orthopedic impairment
* traumatic brain injury
* other health impairments
* specific learning disabilities.
A child who is 5 years old or younger may be identified as a
child with disabilities without the disabilities being specified.
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Independent Evaluation
After the school staff have shared the test results with you,
you can decide if the results seem to match your perception of
your child. If you do not think the test results are correct,
you can have an independent evaluation by a qualified person
outside of the school district. The school district must pay for
the independent evaluation unless the district disagrees about
the need for another evaluation. If the district disagrees, then
it can ask for a due process hearing. If an independent
evaluation is done, the results must be considered in making
decisions about your child's program and school placement.
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Labeling
You may be worried about labeling your child for special
education, but labeling need not be a concern. Labels are
necessary for making a child eligible for services. You have the
right to know what your child's label is. You also have the
right to question your child's label. Once a child is eligible
for special education, the child's label should be kept
confidential. Labels should not be used in the classroom or in
talking to the child.
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Placement in Special Education
You must give your consent in writing before your child can be
placed in special education. Also, you have the right to know
where your child will receive his or her special instruction.
You must give your consent before your child is placed in a
particular program or type of classroom.
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Least Restrictive Environment
Every child in special education has the right to be educated in
a way that is as normal as possible. The law calls this placing
the child in the "least restrictive environment" (LRE). For most
children with disabilities, the least restrictive environment is
a regular classroom. If a child can be successful in the regular
classroom with supplementary aids and services, then the child
has the right to be in the classroom. Removal from the regular
classroom should occur only if it is necessary to meet the
child's educational needs. No matter where a child receives
special education services, every child in special education has
the right to spend as much time as possible with other children
who do not have disabilities.
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Individualized Education Plan
Before a child can receive special education, parents and school
staff must write a plan. This plan, called an Individualized
Education Program (IEP), tells what the child will be doing in
special education. It includes goals and objectives for the next
year. It also lists the related services that the child needs.
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Parents are Part of the Team
When it is time to write your child's Individualized Education
Program (IEP), the school must notify you of the meeting. The
meeting should be at a time and place that is convenient for
both you and the school staff. If you need some support, you can
have an advocate or an interpreter at the IEP meeting. During
the meeting, your suggestions for your child's IEP will be very
important. Be prepared to be an active participant.
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Getting Help With the IEP
Do not sign the IEP until you are sure you understand what it
says, and you are in agreement with it. In Montana (and some
other states), if the IEP is not signed by the parent, then it
cannot be used by the school district. You can take the IEP home
with you and get some help with it before you sign.
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Review
A child's Individualized Education Program (IEP) must be
reviewed at least once a year. If you would like to review your
child's IEP sooner than one year, you can ask for an IEP Team
meeting at any time. Every child in special education must be
reevaluated every three years. The purpose of the reevaluation
is to decide whether the child still needs special education.
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Confidentiality
You have a right to expect that your child's school records will
be kept confidential. No one should see your child's records
except school staff and others that you give permission to see
them. You as a parent have the right to review your child's
school records and ask that the records be changed if you see
errors in them.
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Disagreements
>From time to time parents and school staff may disagree about
some special education issue. When there is a disagreement, the
best thing is to try to work things out informally. But, if you
still cannot come to an agreement with the school district,
parents have the right to ask for a due process hearing.
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Due Process Hearing
To request a due process hearing, you should write to the:
Legal Counsel
Office of Public Instruction
Room 106, State Capitol
P.O. Box 202501
Helena, MT 59620-2501
In your letter, explain that you and the school disagree about a
special education issue. The Superintendent of Public
Instruction will appoint an impartial hearing officer to hear
the case. The impartial hearing officer has 45 days to reach a
decision.
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Complaints
If you think that your school district is violating the special
education law in some way, you can file a complaint with the
Office of Public Instruction.
Write to:
Complaint Officer
Office of Public Instruction
Room 106, State Capitol
P.O. Box 202501
Helena, MT 59620-2501
In your letter, explain what your school district is doing that
is incorrect.
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Review of Your Rights
Here is a list of your rights in the special education process:
* You have the right to receive written notice before the
school:
* Evaluates your child individually;
* Considers special education for your child;
* Changes your child's placement in special education;
* Refuses your request for an evaluation or a change in
placement.
* You have the right to inspect and review all of your child's
educational records.
* You must give written consent before the school can evaluate
your child or place your child in a special education
program.
* It is important to understand the following about
evaluations:
* You may refuse to permit an evaluation;
* If your child is evaluated and you think the evaluation is
not adequate, you have the right to get an Independent
Evaluation;
* The school must reevaluate your child at least every three
years;
* All tests must be given in the language the child knows
best;
* You have the right to be fully informed of the results of
the evaluation.
* You have the right to an impartial due process hearing if
you disagree with the school district on a special education
issue.
Finding Out More About Your Rights
If you have questions about your rights in the special education
process, you can contact Parents Let's Unite for Kids (PLUK).
Parents from PLUK can explain your rights and help you work with
your school district. Call toll-free 1-800-222-7585.
Copyright (c) 1998 Parents, Let's Unite for Kids, all rights
reserved. [log in to unmask]
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