SPECIAL EDUCATION: What You Need to Know

1. SPECIAL EDUCATION:What You Need to Know The Training Institute on Disability Rights

2. What does Equip for Equality (EFE) Do? Offers People with Disabilities and their families: • Information • Support • Resources • Legal services • Trainings

3. Contact EFE • Toll-free telephone and TTY numbers • Fax numbers • Email • Last Resort: Visit

4. Equip for Equality Can Help • Information & Referral • Review of Case • Technical Assistance • Legal Representation

5. Questions About Equip For Equality?

6. Special Education: Who Needs It? • Does your child have difficulty in school? • Does your child need tools or services to understand materials or teachers in school? • Does your children need help to get into the school or use school equipment? • Does the school staff understand your child’s needs?

7. Special Education Law: IDEA IDEA = Individuals with Disabilities Education Act • Free • Appropriate • Public Education

8. What’s the First Step? REFERRAL • A written request to the school district asking for a child’s evaluation for special education services • A parent or other family member, a guardian, a teacher, or any school official can request a referral • A referral starts the Case Study Evaluation (CSE), which must be done within 60 days.

9. Case Study Evaluation (CSE) • A CSE means many different kinds of tests and evaluations. • Parent’s or guardian’s consent is needed. • CSE must not have bias against race or culture. • The tests and evaluations must be done in the child’s language or way of communication. • Once the CSE is done, parents and teachers meet for a multi-disciplinary conference (MDC).

10. Multi-Disciplinary Conference • A meeting with all teachers, therapists, evaluators, and parents • Review of tests and evaluation to decide if a child needs any special education services • If parents do not agree, they can ask for an independent evaluation at no cost • A MDC happens for each child once every three years. • A CSE (evaluation) is also done every three years but a parent can request it be done more often

11. What about 504? 504 = Rehabilitation Act of 1973 • Separate law • Even if a child does not need special education assistance, 504 makes sure that a child with a disability gets access to an education • Makes sure a child has access to a school building • Buses, ramps, elevators, braille materials, etc.

12. Individualized Education Program (IEP) • Once it is decided that a child needs special education, an IEP must be written. • IEP = a written document with goals and services for the child • Teachers, therapists, and parents meet during the IEP meeting to decide those goals and services. • IEP meetings happen at least once a year, to make any changes needed to ensure child is doing well

13. What’s in an IEP? • Present Levels of Performance • Goals & Objectives/Benchmarks • Progress Reports • Special Education Services • Related Services

14. What Happens Next? • CSE is done and your child needs special education services. • MDC and/or IEP is done: the education plan for your child is complete. • What’s next? The education itself! • The educational goals and objectives must be completed within the school year • Ask for someone on staff to be the contact person and monitor

15. What If You Don’t Agree with the IEP? • Try to talk to the teachers and staff • Get an Independent Evaluation • Consult an attorney or legal aid organization such as Equip for Equality • Due Process Hearing • Mediation

16. Due Process Hearing • Like a trial • Instead of a judge, you have a hearing officer • Parents on one side, school on the other side • Often have lawyers helping both sides, but lawyers are not required • Both sides try to convince the hearing officer that they are right about the child’s education • The hearing officer makes a decision that both sides must follow, but either can appeal to a court

17. Mediation • A meeting between parents and school district • Try to resolve problems without a hearing • Mediator (impartial person) helps both sides try to resolve the problems’ • Voluntary (optional) & Confidential • Can still go to due process hearing if mediation fails

18. What about Discipline? • A big problem for children with behavior or other types of disabilities are the discipline provisions • A child may be removed for no more than 10 days for a disciplinary violation • Manifest Determination Review – IEP team reviews whether disciplinary violation is related to disability

19. NOTICE! Parents are entitled to NOTICE on almost everything! • Referral & CSE • MDC & IEP • Discipline & Manifest Determination Review

20. Transition Services • Age 14: start transition services • Set up a plan for child to transition from school to work • Might mean going to a specific high school or program to prepare • Might mean a work experience program

21. 5 Most Important Self-Advocacy Tips • Know Your Rights • Be Aware of What Your Child Needs • Bring a Supporter: Friend or Lawyer • Keep a Record of What Happens • Use Resources For Help

22. Questions????