Special Education Law
If your child is struggling in school, he or she may qualify for special education services under the Individual with Disabilities Education Act ("IDEA") or Section 504 of the Rehabilitation Act of 1972. In general, IDEA is a federal law that ensures that children ages 3 through 21 who have disabilities, including both physical and learning disabilities, receive and free and appropriate public education ("FAPE"). IDEA also requires all states to have a comprehensive Child Find system to make sure that all children who are in need of early intervention and special education services are identified and provided services in their local school systems.
This all sounds like a bunch of legalese--What does all of this have to do with me?
If you notice that your child is struggling in school, you may want to try to figure out why. It may be something as simple as the child needing glasses, but it could also be something more serious, like a learning disability. It may be very minor. But public schools are obligated to identify and evaluate children who are having difficulties.
If I think my child may need services, what do I do?
The first thing that has to happen is a referral for your child---this can come from a parent, teacher, or school administrator. As long as you agree to the initial evaluation, the school can proceed with testing. If you do not consent to the initial evaluation, the school cannot proceed. Following the testing, the Individualized Educational Program ("IEP") team meets to develop an educational plan for your child. The IEP team can consist of the parents, classroom teach, administrator, and appropriate exceptional education personnel, including a school psychologist, school nurse, and a guidance counselor, amongst others.
What if the school does the testing and wants to offer special education services, do I have to accept? As a parent or guardian, you can always decide not to allow your child to receive special educational services. Some people believe if they allow their child to receive this label, it will hurt them in life. Your child may not receive a regular diploma. If your child really needs services, you should accept them, but you can work with the school to try to keep your child in a regular classroom. It will make your child's educational experience better.
How do I know if my child will qualify? There are a list of recognized disabilities under the IDEA. If your child does not qualify for one of the enumerated disabilities under IDEA, he or she may still qualify for services under a Section 504 plan.
Let's say my child is evaluated and found to have a disability and need services, what happens next? If your child is determined to qualify for special education services, the IEP plan that is drafted then becomes a contract between the parents and the school. Having an IEP plan carries certain procedural protections for your child, should he or she get in trouble at school. For example, if your child gets suspended for an action for longer than 10 days, the school should make a decision about whether your child's behavior was a manifestation of his or her disability. If you do not agree with the school's decision, you can request a hearing. Even if it is determined that your child's behavior was NOT a manifestation of his or her disability, the school is still required to provide special education services while the child is suspended.
Why would I need to hire an attorney? You may wish to hire an attorney to help you make sure the school is following due process for your child and to help you navigate this entire process.
This all sounds like a bunch of legalese--What does all of this have to do with me?
If you notice that your child is struggling in school, you may want to try to figure out why. It may be something as simple as the child needing glasses, but it could also be something more serious, like a learning disability. It may be very minor. But public schools are obligated to identify and evaluate children who are having difficulties.
If I think my child may need services, what do I do?
The first thing that has to happen is a referral for your child---this can come from a parent, teacher, or school administrator. As long as you agree to the initial evaluation, the school can proceed with testing. If you do not consent to the initial evaluation, the school cannot proceed. Following the testing, the Individualized Educational Program ("IEP") team meets to develop an educational plan for your child. The IEP team can consist of the parents, classroom teach, administrator, and appropriate exceptional education personnel, including a school psychologist, school nurse, and a guidance counselor, amongst others.
What if the school does the testing and wants to offer special education services, do I have to accept? As a parent or guardian, you can always decide not to allow your child to receive special educational services. Some people believe if they allow their child to receive this label, it will hurt them in life. Your child may not receive a regular diploma. If your child really needs services, you should accept them, but you can work with the school to try to keep your child in a regular classroom. It will make your child's educational experience better.
How do I know if my child will qualify? There are a list of recognized disabilities under the IDEA. If your child does not qualify for one of the enumerated disabilities under IDEA, he or she may still qualify for services under a Section 504 plan.
Let's say my child is evaluated and found to have a disability and need services, what happens next? If your child is determined to qualify for special education services, the IEP plan that is drafted then becomes a contract between the parents and the school. Having an IEP plan carries certain procedural protections for your child, should he or she get in trouble at school. For example, if your child gets suspended for an action for longer than 10 days, the school should make a decision about whether your child's behavior was a manifestation of his or her disability. If you do not agree with the school's decision, you can request a hearing. Even if it is determined that your child's behavior was NOT a manifestation of his or her disability, the school is still required to provide special education services while the child is suspended.
Why would I need to hire an attorney? You may wish to hire an attorney to help you make sure the school is following due process for your child and to help you navigate this entire process.
This website has been designed for informational purposes only. In no way should this information be interpreted as giving out legal advice. If you need legal advice, you need to consult with an attorney in person. No attorney-client relationship is formed by any use of the information provided herein.
