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A guide to realizing if your child is at-risk, displaying self-destructive behaviors, and needs your help and intervention.
WITH THE RIGHT TOOLS, YOUR SON OR DAUGHTER WILL SUCCEED IN MATH AND SCIENCE CLASSES
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you're a parent looking to help your son or daughter with
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Your Rights in the Special Education Process
Special Education -
ADD & ADHD -
Learning Disabilities
Advocate for Your Child
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More
Information on Special Education
Your child is entitled to a free, appropriate public education meaning it
is at no cost to you as parents and it meets the unique educational needs of
your child.
You will be notified whenever the school wishes to evaluate your
child for potential special education needs, wants to change
your child's educational placement, or refuses your request for an
evaluation or a change in placement.
You may request an evaluation if you think your child needs
special education or related services.
These are the steps you need to take:
Initially, meet with
your child's teacher to share your concerns and request an
evaluation by the school's child study team.
All requests for
evaluations and services should be made in writing, and dated.
Always keep a copy for your records.
Keep careful records,
including observations reported by your child's teachers and any
communications (notes, reports, letters, etc.) between home and
school.
Parents can also request
independent professional evaluations.
You
should be asked by your school to provide "informed consent"
(meaning you understand and agree in writing to the evaluation and
educational program decisions for your child). Your consent is
voluntary and may be withdrawn at any time.
You may obtain an independent evaluation if you disagree with
the outcome of the school's evaluation.
You have the right to appeal the conclusions and determination of
the school's evaluation. The findings of school's evaluation
team are not final. The school is required to provide you with
information about how to make an appeal.
You may request a reevaluation if you think your child's
current educational placement is no longer appropriate. The school
must reevaluate your child at least every three years, but your
child's educational program must be reviewed at least once during
each calendar year.
You may have your child tested for special education needs in the
language he or she knows best.
You may review all of your child's records and obtain copies of
these records, but the school may charge you a reasonable fee
for making copies. Only you, as parents, and those persons directly
involved in the education of your child will be given access to
personal records. If you feel that any of the information in your
child's records is inaccurate, 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 challenge the questionable information in
your child's records; you may also file a complaint with your state
education agency.
You must be fully informed by the school about all of the rights
provided to you and your child under the law.
You may participate in the development of your child's
Individualized Education Program (IEP) or, in the case of a
child younger than four years old, the development of an
Individualized Family Service Plan (IFSP). The IEP and IFSP are
written statements of the educational program designed to meet your
child's unique needs. The school must make every possible effort to
notify you of the IEP or IFSP meeting and to arrange the meeting at
a time and place that is convenient for both you and the school.
Examples of categories of services in IEPs include: Occupational
Therapy, Physical Therapy, Speech and Language Therapy, and/or the
provision of a classroom aide.
You may participate in all IEP or IFSP team decisions, including
placement.
You may request an IEP or IFSP meeting at any time during the
school year.
You may have your child educated in the least restrictive school
setting possible. The school should make every effort to
develop an educational program that will provide your child with the
services and supports needed in order to be taught with children who
do not have disabilities.
You may request a due process hearing or voluntary mediation
to resolve differences with the school that can't be resolved
informally. Make your request in writing, date your request, and
keep a copy for your records.
You should be kept informed about your child's progress at
least as often as parents of children who do not have disabilities.
Children with special needs are
guaranteed rights
to services in school under federal and state laws. Parents should
always advocate for their child.
Here are some tips:
Parents must be proactive and take necessary steps to make sure
their child receives appropriate services.
Parents should request copies of their school district's Section 504
plan. This is especially important when a school district refuses
services.
If the school district does not respond to your request, you can
contact a
U.S. Department of Education Office of Civil Rights Regional Office
for assistance.
If the school district refuses services under the IDEA or Section
504 or both, you may choose to challenge this decision through a due
process hearing.
It may also be necessary to retain your own attorney if you decide
to appeal a school's decision.
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More Information on Special Education
Appeals to Disciplinary Procedures and Actions ~ Both the LEA and the parent of the child with a disability have the right to request a due process hearing to appeal decisions taken during disciplinary procedures, although the reasons these parties may do so differ.
Back-To-School Checklist ~ Questions and tips for parents, schools, and the community on academic curriculum and achievement, how schools can help parents and students, teacher training and quality, student discipline, and measuring the progress of students with disabilities.
Chronic Fatigue and Immune Dysfunction Syndrome: Educational Rights, Responsibilities and Options ~ This comprehensive article guides parents in educating the school about CFIDS, advocating for their child, and working to identify their child's unique academic strengths and weaknesses. Also read What Schools Need to Know About CFIDS.
Disabilities Which Qualify Children and Youth For Special Education Services ~ IDEA defines "children with disabilities" as having any of the following types of disabilities: autism, deaf, deaf-blindness, hearing impairments (including deafness), mental retardation, multiple disabilities, orthopedic impairments, other health impairments, serious emotional disturbance, specific learning disabilities, speech or language impairments, traumatic brain injury, and visual impairments (including blindness).
How To Participate in Your Child's IEP Meeting ~ As the parent of a child with special education needs, you should learn how to use the IEP (Individualized Education Program) process as an effective tool to obtain appropriate special education and related services for your child.
How will I Know if My Child is Making Progress? (pdf) ~ Parents can answer this question by looking at a variety of data, including information from special education and general education sources and information from outside the school.
The IEP Cycle ~ Comprehensive and step-by-step information on the special education process.
Know Your School District: Tips for Parents (pdf) ~ Knowing about the procedures, policy decisions, the general education curriculum, and reporting requirements of your school district will help you be an effective advocate for your child.
Resolving Disputes Between Parents and Schools ~ There are times when parents and school officials cannot reach consensus on what constitutes a free appropriate public education (FAPE) for an individual child. When such disagreements occur, parents and school districts can turn to IDEA’s procedural safeguards and dispute resolution options.
School and Adoption: Navigating IEP's, IDEA, and Special Services
Special Education Laws and Rights for the Military Child ~ Whether your child is being evaluated for special education services or is already enrolled, you’ll want to understand how special education works in both civilian public schools and those governed by the Department of Defense Education Activity (DoDEA), because you’re likely to experience both when you’re a military family.
Special Education Placement ~ How can parents obtain placement for their child at a school that is not on the state's "approved" list?
Special Education Rights and Responsibilities (SERR) ~ In English, Spanish, Chinese, Korean, and Vietnamese.
Teachers' Rights in Special Education ~
Teachers are an integral part
of the process of delivering education. The rights in special
education laws empower teachers as well as parents and students.
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