Focus Adolescent Services: Special Education

Residential, special education, day treatment, and supervision programs for youth, ages 12-18

215-840-9515

FUTURE MEN

Christian program for young men, ages 16-19

417-546-4171

MEADOWLARK ACADEMY

Boarding school for girls, ages 12-17

1-800-610-8810

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Some children experience difficulties in school, ranging from problems with concentration, learning, language, and perception to problems with behavior and/or peer relationships. These difficulties may be due to one or more of the following: physical disorders, psychological disorders, emotional problems, behavioral problems, and learning disorders or disabilities.

Children with special needs are usually entitled to receive special services or accommodations through the public schools. Federal law mandates that every child will receive a free and appropriate education in the least restrictive environment. It also entitles children with special needs to receive extra services.

To support their ability to learn in school, Federal laws apply to children with special needs:

Between states, there are different criteria for eligibility, services available, procedures for implementing the Federal laws, and procedural safeguards. It is important for parents to be aware of these laws and regulations in their particular area.

THE LAWS

The Individuals with Disabilities Education Act (IDEA) of 1997 is a federal law that governs all special education services for children in the United States. Under IDEA, in order for a child to be eligible for special education, they must be in one of the following categories: serious emotional disturbance, learning disabilities, mental retardation, traumatic brain injury, autism, vision and hearing impairments, physical disabilities, and other health impairments.

The Individuals with Disabilities Education Improvement Act of 2004 (IDEA) aligns IDEA closely to the No Child Left Behind Act (NCLB), which reauthorizes the Elementary and Secondary Education Act (ESEA), calls for "increased accountability for States, school districts, and schools; greater choice for parents and students, particularly those attending low-performing schools; more flexibility for States and local educational agencies (LEAs) in the use of Federal education dollars; and a stronger emphasis on reading, especially for our youngest children." [NOTE: Buried deep within the No Child Left Behind Act's 670 pages is a provision requiring public secondary schools to provide military recruiters not only with access to facilities, but also with contact information for every student -- or face a cutoff of all federal aid.]

Section 504 of the Rehabilitation Act 0f 1973 is a civil rights statute that requires that schools not discriminate against children with disabilities and provide them with reasonable accommodations. It covers all programs or activities, whether public or private, that receive federal financial assistance. Reasonable accommodations include untimed tests, sitting in front of the class, modified homework, and the provision of necessary services. Typically, children covered under Section 504 either have less severe disabilities than those covered under IDEA or have disabilities that do not fit within the eligibility categories of IDEA. Under section 504, any person who has an impairment that substantially limits a major life activity is considered disabled. Learning and social development are included under the list of major life activities.

The Americans with Disabilities Act (ADA) requires all educational institutions, other than those operated by religious organizations, to meet the needs of children with psychiatric problems. The ADA prohibits the denial of educational services, programs or activities to students with disabilities and prohibits discrimination against all such students.

YOUR RIGHTS IN THE SPECIAL EDUCATION PROCESS

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.

ADVOCATE FOR YOUR CHILD

Children with special needs are guaranteed rights to services in school under federal and state laws. Parents should always advocate for their child.

The process, however, can be confusing and intimidating for parents. 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.