What Is Special Education?
Special education is direct classroom instruction and/or learning experiences for students who are identified as having some type of educational disability. Special education used to be provided only to students who were mentally or physically impaired. Today special education is also available for children who have a learning disability. Children with a learning disability can be very bright, but they have some kind disorder that effects how they use and link information in the brain. If your child is having difficulty in school, it's possible he or she may have a learning disability.
Special education may, and usually does, occur in the regular classroom. There are many kinds of special education services available, including special training for teachers and parents, additional instruction for the child, books on tape, or devices to help the child better understand classroom instruction.
How Does A Child Qualify for Special Education?
In order to take advantage of special education your child must be professionally evaluated and then determined eligible for special education services. Either a parent or school staff can request the tests (see Testing).
What Laws Apply to Special Education?
cccThe main law that governs special education is the Individuals with Disabilities Education Act (IDEA). The IDEA is a federal law guaranteeing a “free and appropriate public education” (known as "FAPE") for every child with a disability. This means that if you enroll your child in public school, her education should be provided at no cost to you (free), and it should be suitable for her age, ability, and developmental level.
The IDEA requires that an Individualized Education Plan (IEP) be written for each child that is eligible for special education. The IEP is a written document that tells the school exactly how to provide the appropriate education to the disabled student so that the child receives educational benefit. While the federal law does not require schools to provide an "ideal" educational program or a program the parents may feel is "best," the state must provide an appropriate educational program, one that meets the needs of the individual student.
There are changes to the IDEA that were passed in 2004 and became effective in July 2005. But the final regulations are not available yet. You can read about the new regulations at:
The last link gives you access to the Missouri Department of Elementary and Secondary Education plan that implements the 2004 changes to IDEA.
What Other Laws Apply to Children With Learning Disabilities?
Other laws govern the educational rights of students with disabilities. The Family Educational Rights and Privacy Act of 1974 (FERPA) and Section 504 of the Rehabilitation Act of 1973 (Rehab Act) and The Americans with Disabilities Act (ADA) may also apply.
The Family Educational Rights and Privacy Act (FERPA) protects the privacy of a student's educational records. If you want to see a complete copy of your child's education record, you may make a "FERPA request" in writing, making sure you keep a copy of your request.
Both Section 504 of the Rehab Act and the ADA protect the civil rights of persons with disabilities. Section 504 prohibits discrimination against a person with a disability by any agency receiving federal funds. The ADA prohibits disability discrimination in employment, transportation and public accommodation.
What Is the Special Education Process?
In order for a child to obtain special education the school district must evaluate the child and decide if the child is eligible to receive special education services. If a child is determined eligible, the school and parents must work together to write an Individual Education Plan (IEP). The process happens in several steps.
Testing
The first step in obtaining special education services is to have your child's learning abilities evaluated. There are two ways a child can get tested:
- The parent can request an evaluation by calling or writing the child's teacher, the director of special education, or the principal of the child's school. If you call, always follow up by putting your request in writing, keeping a copy for yourself (see inset).
- The school may decide the child needs an evaluation. Before the school can perform any testing, it must get written permission from a parent.
The child will usually get a mixture of IQ and other tests that evaluate the his or her level of functioning in math, reading, and other academic areas.
Keeping written records should be part of your routine communication with anyone involved in providing your child’s education.Whenever possible, put all requests and agreements in writing. Follow up all telephone calls and face-to-face interaction with a letter that summarizes the conversation.
Meeting to Discuss Evaluation Results
Once the evaluation is completed the school district staff must meet with a parent to explain the results. These test results provide important information about your child, but the school personnel often use technical terms without explaining them. Never be afraid to ask questions about concepts or results you don't understand. There are no stupid questions! Ask all your questions until you feel confident you have the necessary understanding to make good decisions about your child's education.
Before going to the meeting where the test results will be explained, I recommend that you read "Tests and Measurements for the Parent, Teacher, Advocate and Attorney," available for free at http://www.wrightslaw.com/advoc/articles/tests_measurements.html.
If the parents disagree with the results of the evaluation, they may obtain an independent evaluation at their own expense or ask the school district to pay for an independent evaluation.
Occasionally, school staff may make statements that are not supported by the provisions of the IDEA. Some statements have included
- “IEPs must have a predetermined number of pages”
- “IEPs are to be completed without parental input.”
- “Only a specific number of goals are allowed on the IEP.”
- “If a goal doesn’t fit into the field length on our computer program, it can’t be included.”
Nothing in the federal law supports these types of requirements or restrictions!
However, while parents should not accept misinformation concerning the IEP, it is best to not approach the parent-school relationship in an adversarial manner. It is in everyone’s best interest to remember that both parents and teachers share a common goal: to develop the most appropriate program for the child. By sharing information and knowledge, parents and schools can collaborate to develop a truly effective IEP.
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Meeting to Create An Individualized Education Plan (IEP)
The Individualized Education Plan (IEP) is a written statement of a plan for your child's education. The key word is "individualized." A program that is appropriate for one child may not be suitable for another. The IEP identifies the services a child needs so that he or she may grow and learn during the school year. It is a legal document that outlines:
- The child's learning goals for the school year
- Services needed to help the child meet these goals
- Methods of evaluating the student's progress
cccA meeting is required to discuss the child's educational goals and develop an IEP. By law, the following people must be invited to attend the IEP meeting:
- One or both of the child's parents
- The child's teacher or future teacher
- A representative of the school district, other than the child's teacher, who is qualified to provide or supervise the provision of special education
- The child, if appropriate—usually if the child is in junior high or high school
- Other individuals invited by the school district or parent (the child's doctor, therapist, grandparents, a friend, or anyone else you would like to have at the meeting)
IEP meetings must be held at least annually, but may be held more often if needed. Parents may request
a review or revision of the IEP at any time. The school district must diligently attempt to schedule the IEP
meeting at a time and place agreeable to both school staff and parents. |
