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1. Nondiscriminatory Evaluation Zero Reject Knowing Your Rights A guide for individuals and advocates of Special Education By: Amy Mack • To ensure fair and comprehensive educational evaluations • IDEA Education Requirements • Tests are to be administered in native language • Testing must be valid and appropriate • Multidisciplinary teams must be constructed for specific needs of the student and tested in areas of disability. • Student’s need to be referred before being tested for a disability. • Parents must be notified of their due process. (i.e. consent, information given, etc.) • Parent’s have rights to file complaints. • Reevaluation can take place every 3 years. • Evaluations must be completed within 60 days after parent consent • Goals are place in accordance with No Child Left Behind (NCLB) • Students in public school are able to perform learning goals while receiving free appropriate education. • States are required to identify, evaluate and education student’s with disabilities. • If you suspect or know that your child has a disability Local Education Agencies (LEA’s) are responsible to locate, identify and evaluate your child. • Zero Reject Law Protection and Eligibility: • Autism • Deafness-Blindness • Deafness • Hearing Impaired • Mental Retardation • Multiple Disabilities • Orthopedic Impairments • Other Health Impaired • Emotional Disability • Specific Learning Disability • Speech and Language Impairment • Traumatic Brain Injury • Visual Impairment Including Blindness • Students who are eligible for services are between the ages of 6-17 years. • Students can be evaluated and provided services until age 21. • School Districts are required to pay for residential placements (local area schooling.) • School Districts are required to develop IEP’s and follow through with FAPE requirements. • Minimum Competency Testing (MCT) provided for students with special needs. http://www.westofthei.com/category/good-works/page/2 • Are you obligated to accommodate me? • What services can I receive? • What are my rights? http://www.nondomesticatedthinker.com/2010/07/the-overrepresentation-of-african-american-students-in-special-education/

2. Least Restrictive Environment (LRE) Procedural Due Process & Parent Participation • Parents must be notified and consent must be given. • Consent must be given in writing. • Parent consent must be provided for preplacement special education evaluation, initial evaluation and reevaluation. • Surrogate parent can be appointed if child has no parent. • Parents have right to an IEE if they disagree with evaluation results • School must provide information for IEE at school cost. • Parent and school both have opportunity to request due process hearing. • Parents due process rights including being accompanied by legal representation. • HCPA allows parents to be reimbursed for legal services but will not be reimbursed if attorney is present at IEP process. • Section 504-- Federal statute that prohibits the discrimination of individuals with disabilities in programs receiving federal financial assistance. • Schools must provide reasonable accommodations and modifications to curriculum, instruction, behavior, and environment. • Accommodations are made on an individual basis. • Students with disabilities are entitled to education in a regular education classroom. • Students with disabilities should be educated with their non disabled peers to the maximum extent. • Students with a disability should only be removed from regular education classroom when severity of disability impedes on their learning and can be satisfied in a separate setting • Other LRE Activities: • Extracurricular • Meals • Recreation • Counseling • Athletics • Transportation • Recess • Special Interest Group sponsored by school http://www.nysut.org/newyorkteacher_11023.htm Free Appropriate Public Education (FAPE) • According to the 5th and 14th amendment parents and students are allowed due process. • Students with a disability are to receive services at public expense under public supervision to meet the standards of the state’s educational agency. • FAPE ensures that parents and students participate in educational decision making. • IEP goals set do not guarantee IEP objectives achieved by students. • Students with disabilities can not be excluded from an education. • Procedural requirements are to be met with FAPE parents should not excluded from their child’s IEP. • Parents cannot dictate curriculum method chosen by school to use. • IEP for student will be directed towards specified disability. http://library.furman.edu/resources/subject/edu/specialed.htm

3. http://www.ballymoneycyclingclub.com/Club-Constitution.html Parent Questions and Resources • Parent Resource Program • 401 South Elm St. Appleton • 920-832-5161 • Outagamie County Developmental • Disability Services • 401 South Elm St. Appleton • 920-832-5169 • Arc of Neenah/ Menasha • 375 Winnebago Ave. Menasha • 920-725-0942 • If you feel overwhelmed or have • questions these are a few local support • groups to aid families with disabilities.