Children with special needs have wondrous gifts. But, to thrive in school, they need a customized schedule that supports their goals and helps them overcome challenges.
Start by asking your child’s teacher for an evaluation of his or her learning abilities.
The Individuals with Disabilities Education Act requires schools to provide special education services for kids who qualify. The law includes procedures for meeting, mediation and impartial hearings to settle disagreements over your child’s evaluations, identification (classification) and placement.
Know Your Rights
A child with a disability is entitled to an education which meets his or her individual needs. This education must take place within mainstream schools where possible. The education should be delivered by a team of professionals, which will usually consist of a specialist teacher and a support worker. The person delivering this service may also have access to speech and language therapy, occupational therapy, assistive technology and other relevant services. This is called an Individual Education Plan.
If you think that your child has a special educational need, you should talk to your school principal or teacher. Your child may then be referred to the Committee on Special Education (CSE) or the Committee for Preschool Special Education (CPSE). An evaluation of your child is needed to determine whether special education services are necessary.
An evaluation consists of procedures, tests and assessments, including observations, which are given to your child individually. These evaluate your child’s academic, behavioral, social and developmental skills and needs. They are used to find out if your child has a disability which affects their learning and if special education is necessary.
After your child has been evaluated, the CPSE must share the results with you. They must invite you to meetings with the CSE and CPSE to discuss your child’s educational program.
You know your child best, so you have valuable information to contribute to the Committee’s discussions. The members of the Committee are people who have a broad range of experience planning for and working with children with disabilities.
The CPSE must consider your child’s unique needs when developing the Individualized Education Program (IEP). This plan should include a description of the educational and related services that you and your child will receive, along with the outcomes that you would like to see for your child.
If your child is enrolled in a public school, you can get free translation and interpretation services to help you communicate with the CPSE. You can also get help from organisations that provide family advocacy. You can find more information about the law and your rights on the Department of Education’s website and in our booklet Your Family, Your Rights.
Know Your Child’s Individualized Education Plan (IEP)
An IEP, or Individualized Education Program, is a legal document that outlines your child’s educational needs and plots out reachable goals for them to achieve. It is a vital tool used in helping students with disabilities stay engaged in the classroom and academically successful in school.
The IEP is created through a collaborative planning meeting between you, your child’s teachers, the specialist who evaluated them, and a representative from the school system (usually a special education coordinator or principal). You have the right to bring any family members you wish to attend this meeting with you, though you may be asked to limit your presence to one person, especially if the school has a strict policy on outside attendees.
Before your child receives an IEP, there is a pre-referral stage where the teacher will try various certified teaching approaches in hope of finding whether flaws in their instruction could be the root of the student’s learning challenges. If this fails, your child will be formally referred for special education services, and within 30 days of that decision the IEP will begin to be written.
The team will review the CER report and decide on certain short-term and annual goals for your child based on their unique educational needs. The IEP will also include a statement about your child’s “present levels of performance,” which includes information from evaluation results like classroom tests and assignments, individual tests given during eligibility for services or reevaluation, and observations made by parents, teachers, paraprofessionals, related service providers and other school staff.
This section will also describe your child’s customized educational plan and how it will help them reach their goals, including any accommodations or modifications they may need. This will likely include one-on-one tutoring sessions, extra classroom support materials or a modified schedule. The IEP will also include how your child’s progress toward their annual goals will be measured and communicated to you, as well as any regular reporting on your child’s accomplishments and setbacks.
Throughout the year, you and the team will meet regularly to monitor your child’s progress and adjust their IEP accordingly. This ensures that your child’s educational needs are always being met, and that the education they are receiving is the best possible fit for their abilities.
Know the Law
Your child is legally entitled to education services that are designed to meet his or her unique needs. The federal law known as IDEA (Individuals with Disabilities Education Act) sets out how these services should be delivered and provides procedural safeguards to protect your child’s rights.
It is important to understand how these laws work to ensure that your child receives a free appropriate public education (FAPE).
For example, the IDEA requires that every special needs student be educated in his or her least restrictive environment. This means that he or she must be able to participate in classes with children without disabilities as much as possible, and only removed from this setting when it would be harmful. The IDEA also requires that any decision to remove a child from this setting must be carefully reviewed by a team of educational professionals to determine if the removal is warranted.
In addition, the IDEA guarantees your right to have access to your child’s education records and to request independent educational evaluations at no cost. If you disagree with the findings of a school’s evaluation, the IDEA allows you to file a due process complaint. It also sets out a set of evaluation procedures designed to reduce the number of misidentifications and prohibits evaluation measures that are racially or culturally discriminatory.
Another important legal requirement is that schools identify any learning disability and develop a plan to address it. This includes offering accommodations to help a student succeed in the classroom and other areas of life. This is referred to as Section 504 of the IDEA.
Keep in mind, however, that a diagnosis of a learning disability doesn’t mean your child will achieve success at the same rate as his or her non-disabled peers. Each child learns at a different pace and has unique strengths and weaknesses. It is important to keep expectations realistic so that you don’t discourage your child.
It is also important to stay current on special education news and developments, as these can impact your child’s eligibility for programs and services. For example, a new policy could increase the amount of supports your school district is required to provide, or an upcoming state budget proposal could cut the services on which your child depends. There are a variety of resources available to help you stay informed, including support groups and organizations that specialize in advocacy and educating families on their rights.
Know Your Options
If you think your child is having difficulties in school, start by talking with his or her teacher. If you believe the teacher is not able to help your child, ask for an evaluation by your district’s Committee on Special Education (CSE).
The CSE has a responsibility to evaluate whether your child has a disability that affects his or her learning. This evaluation will be at no cost to you. The evaluation will include various tests, including standardized testing and observations by professionals such as teachers, psychologists and medical specialists.
You will be asked to give your consent to allow the CSE to evaluate your child. This is a requirement before a child can receive special education and related services. If your child receives services and is later determined to have a disability, the CSE must conduct reevaluations at least once every three years.
When the CSE is evaluating your child to determine eligibility for special education, they must consider all areas of your child’s needs. These include physical, emotional and intellectual development. They must also take into account the impact of your child’s disability on his or her progress in the classroom and overall education.
Usually, your child will be educated in the same classroom as non-disabled children with a special educator providing specially designed instruction to small groups of students. Depending on your child’s disability, some disabilities may require special education services beyond the classroom, including residential and day programs. However, your child must be placed in these programs only if the CSE finds that there is not enough support within the classroom.
If the CSE decides your child has a disability that affects learning, they will use one of the thirteen categories to decide what type of special education services and programs your child will receive. This decision is based on the information provided in your child’s evaluation report and must be documented in your child’s file. If you disagree with the CSE’s determination of your child’s disability category, you can request mediation or an impartial hearing to resolve the matter.
