Kids with delayed skills or other disabilities might be eligible
for special services that provide individualized education programs
in public schools, free of charge to families. Understanding how to
access these services can help parents be effective advocates for
their kids.
The passage of the updated version of the Individuals with
Disabilities Education Act (IDEA 2004) made parents of kids
with special needs even more crucial members of their
child's education team. Parents can now work with educators to
develop a plan - the individualized education plan (IEP) - to help
kids succeed in school. The IEP describes the goals the team
sets for a child during the school year, as well as any special
support needed to help achieve them.
Who Needs an IEP?
A child who has difficulty learning and functioning and has been
identified as a special needs student is the perfect candidate for
an IEP. Kids struggling in school may qualify for support services,
allowing them to be taught in a special way, for reasons such
as:
In most cases, the services and goals outlined in an IEP can be
provided in a standard school environment. This can be done in the
regular classroom (for example, a reading teacher helping a small
group of children who need extra assistance while the other kids in
the class work on reading with the regular teacher) or in a special
resource room in the regular school. The resource room can serve a
group of kids with similar needs who are brought together for
help.
However, kids who need intense intervention may be taught in a
special school environment. These classes have fewer students per
teacher, allowing for more individualized attention. In addition,
the teacher usually has specific training in helping kids with
special educational needs. The children spend most of their day in
a special classroom and join the regular classes for nonacademic
activities (like music and gym) or in academic activities in which
they don't need extra help.
Because the goal of IDEA is to ensure that each child is
educated in the least restrictive environment possible, effort is
made to help kids stay in a regular classroom. However, when needs
are best met in a special class, then kids might be placed in
one.
The Referral and Evaluation Process
The referral process generally begins when a teacher, parent, or
doctor is concerned that a child may be having trouble in the
classroom, and the teacher notifies the school counselor or
psychologist. The first step is to gather specific data regarding
the student's progress or academic problems.
This may be done through:
- a conference with parents
- a conference with the student
- observation of the student
- analysis of the student's performance (attention,
behavior, work completion, tests, classwork, homework, etc.)
This information helps school personnel determine the next step.
At this point, strategies specific to the student could be used to
help the child become more successful in school. If this
doesn't work, the child would be tested for a specific learning
disability or other impairment to help determine qualification
for special services. It's important to note, though, that the
presence of a disability doesn't automatically guarantee a
child will receive services. To be eligible, the disability must
affect functioning at school.
To determine eligibility, a multidisciplinary team of
professionals will evaluate the child based on their observations;
the child's performance on standardized tests; and daily work
such as tests, quizzes, classwork, and homework.
The professionals on the evaluation team can include:
As a parent, you can decide whether to have your child assessed.
If you choose to do so, you'll be asked to sign a permission
form that will detail who is involved in the process and the
types of tests they use. These tests might include measures of
specific school skills, such as reading or math, as well as more
general developmental skills, such as speech and language. Testing
does not necessarily mean that a child will receive services.
Once the team members complete their individual assessments,
they develop a comprehensive evaluation report (CER) that compiles
their findings, offers an educational classification, and outlines
the skills and support the child will need. The parents then have a
chance to review the report before the IEP is developed. Some
parents will disagree with the report, but they will have the
opportunity to work together with the school to come up with a plan
that best meets the child's needs.
Developing an IEP
The next step is an IEP meeting at which the team and parents
decide what will go into the plan. In addition to the evaluation
team, a regular teacher should be present to offer suggestions
about how the plan can help the child's progress in the
standard education curriculum.
At the meeting, the team will discuss your child's
educational needs - as described in the CER - and come up with
specific, measurable short-term and annual goals for each of those
needs. If you attend this meeting, you can take an active role in
developing the goals and determining which skills or areas will
receive the most attention.
The cover page of the IEP outlines the support services your
child will receive and how often they will be provided (for
example, occupational therapy twice a week). Support services
might include special education, speech therapy, occupational or
physical therapy, counseling, audiology, medical services, nursing,
vision or hearing therapy, and many others.
If the team recommends several services, the amount of time they
take in the child's school schedule can seem overwhelming. To
ease that load, some services may be provided on a consultative
basis. In these cases, the professional consults with the teacher
to come up with strategies to help the child but doesn't offer
any hands-on instruction. For instance, an occupational therapist
may suggest accommodations for a child with fine-motor problems
that affect handwriting, and the classroom teacher would
incorporate these suggestions into the handwriting lessons taught
to the entire class.
Other services can be delivered right in the classroom, so the
child's day isn't interrupted by therapy. The child who has
difficulty with handwriting might work one on one with an
occupational therapist while everyone else practices their
handwriting skills. When deciding how and where services are
offered, the child's comfort and dignity should be a top
priority.
The IEP will be reviewed annually to update the goals and make
sure the levels of service meet your child's needs. However,
IEPs can be changed at any time on an as-needed basis. If you think
your child needs more, fewer, or different services, you can
request a meeting and bring the team together to discuss your
concerns.
Your Legal Rights
Specific timelines ensure that the development of an IEP moves
from referral to providing services as quickly as possible. Be sure
to ask about this timeframe and get a copy of your parents'
rights when your child is referred. These guidelines (sometimes
called procedural safeguards) outline your rights as a parent to
control what happens to your child during each step of the
process.
The parents' rights also describe how you can proceed if you
disagree with any part of the CER or the IEP - mediation and
hearings both are options. You can get information about low-cost
or free legal representation from the school district or, if your
child is in Early Intervention (for kids ages 3 to 5), through that
program. Attorneys and paid advocates familiar with the IEP process
will provide representation if you need it. You also may invite
anyone who knows or works with your child whose input you feel
would be helpful to join the IEP team.
A Final Word
Parents have the right to choose where their kids will be
educated. This choice includes public or private elementary schools
and secondary schools, including religious schools. It also
includes charter schools and home schools.
It is important to understand that the rights of children with
disabilities who are placed by their parents in private elementary
schools and secondary schools are not the same as those of kids
with disabilities who are enrolled in public schools or placed by
public agencies in private schools when the public school is unable
to provide a free appropriate public education (FAPE).
Two major differences that parents, teachers, other school
staff, private school representatives, and the kids need to
know about are:
- Children with disabilities who are placed by their parents in
private schools may not get the same services they would receive
in a public school.
- Not all kids with disabilities placed by their parents in
private schools will receive services.
The IEP process is complex, but it's also an effective way
to address how your child learns and functions. If you have
concerns, don't hesitate to ask questions about the evaluation
findings or the goals recommended by the team. You know your child
best and should play a central role in creating a learning plan
tailored to your child's specific needs.
For more information, the government has a website to educate
anyone about IDEA:
http://idea.ed.gov
.
Reviewed by:
Steven J. Bachrach, MD
Date reviewed: January 2008
Originally reviewed by:
Chris Cortellessa, M.Ed, NCC
Note: All information is for educational purposes only. For specific medical advice,
diagnoses, and treatment, consult your doctor.
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