>From the web page http://www.pluk.org/PR1.html Parents' Guide to the Special Education Process Prepared By: Katharin A. Kelker, Ed.D. (c) Parents, Let's Unite for Kids 1998 The contents of this pamphlet were developed under a grant from the Department of Education. However those contents do not necessarily represent the policy of the Department of Education and you should not assume endorsement by the Federal Government. (c) Parents, Let's Unite for Kids, 6/87. Revised 6/94. Table of Contents Education is a Right Special Help is Available Special Education Means an Individual Program Related Services Help Children Learn Parents are Involved in Special Education Evaluation Child Study Team Independent Evaluation Labeling Placement in Special Education Least Restrictive Environment Individualized Education Program Parents are Part of the Team Getting Help with the IEP Review Confidentiality Disagreements Due Process Hearing Complaints Review of Your Rights Finding Out More About Your Rights Education is a Right Children with disabilities have the right to an education. It doesn't matter what disability the child has or how severe the disability is. Every child has the right to a FREE, APPROPRIATE public education. The law that guarantees an education for children with disabilities is called the Individuals with Disabilities Education Act or IDEA. e Special Help is Available As a parent, you can make sure that your child gets an education. If your child needs special help at school, services are available through SPECIAL EDUCATION. Special education means instruction that is designed to meet your child's unique needs. e Special Education Means an Individual Program Children in special education are taught in special ways. Each child has a program designed just for him or her. Some children study academic subjects in special education. Other children learn to take care of themselves and live more independently. Children can get a little or a lot of help through special education. e Related Services Help Children Learn Some children cannot learn in school unless they have special services called "related services." These related services may be: * speech therapy * physical therapy * occupational therapy * transportation * counseling * or other things. Your child has a right to these related services if they are necessary to help him or her learn. e Parents are Involved in Special Education The law says that school staff must include parents in every step of the special education process. As parents, you have a responsibility to take part in planning your child's program. e Evaluation Before a child can be in a special education program, the child must be evaluated. An evaluation may include: * testing * observation * review of records * collection of samples of your child's work * other types of information. School staff must tell you when they plan to test your child. You must give your permission in writing before your child can be tested. e Child Study Team The Child Study Team (CST) includes you and members of the school staff. The CST looks at the results from the evaluation and decides whether or not your child is eligible for special education. To qualify for special education, the child must have the characteristics of a particular disability and must be in need of special services. The disability categories include: * cognitive delay * hearing impairment (includes deafness) * speech/language impairment * visual impairment (includes blindness) * emotional disturbance * autism * orthopedic impairment * traumatic brain injury * other health impairments * specific learning disabilities. A child who is 5 years old or younger may be identified as a child with disabilities without the disabilities being specified. e Independent Evaluation After the school staff have shared the test results with you, you can decide if the results seem to match your perception of your child. If you do not think the test results are correct, you can have an independent evaluation by a qualified person outside of the school district. The school district must pay for the independent evaluation unless the district disagrees about the need for another evaluation. If the district disagrees, then it can ask for a due process hearing. If an independent evaluation is done, the results must be considered in making decisions about your child's program and school placement. e Labeling You may be worried about labeling your child for special education, but labeling need not be a concern. Labels are necessary for making a child eligible for services. You have the right to know what your child's label is. You also have the right to question your child's label. Once a child is eligible for special education, the child's label should be kept confidential. Labels should not be used in the classroom or in talking to the child. e Placement in Special Education You must give your consent in writing before your child can be placed in special education. Also, you have the right to know where your child will receive his or her special instruction. You must give your consent before your child is placed in a particular program or type of classroom. e Least Restrictive Environment Every child in special education has the right to be educated in a way that is as normal as possible. The law calls this placing the child in the "least restrictive environment" (LRE). For most children with disabilities, the least restrictive environment is a regular classroom. If a child can be successful in the regular classroom with supplementary aids and services, then the child has the right to be in the classroom. Removal from the regular classroom should occur only if it is necessary to meet the child's educational needs. No matter where a child receives special education services, every child in special education has the right to spend as much time as possible with other children who do not have disabilities. e Individualized Education Plan Before a child can receive special education, parents and school staff must write a plan. This plan, called an Individualized Education Program (IEP), tells what the child will be doing in special education. It includes goals and objectives for the next year. It also lists the related services that the child needs. e Parents are Part of the Team When it is time to write your child's Individualized Education Program (IEP), the school must notify you of the meeting. The meeting should be at a time and place that is convenient for both you and the school staff. If you need some support, you can have an advocate or an interpreter at the IEP meeting. During the meeting, your suggestions for your child's IEP will be very important. Be prepared to be an active participant. e Getting Help With the IEP Do not sign the IEP until you are sure you understand what it says, and you are in agreement with it. In Montana (and some other states), if the IEP is not signed by the parent, then it cannot be used by the school district. You can take the IEP home with you and get some help with it before you sign. e Review A child's Individualized Education Program (IEP) must be reviewed at least once a year. If you would like to review your child's IEP sooner than one year, you can ask for an IEP Team meeting at any time. Every child in special education must be reevaluated every three years. The purpose of the reevaluation is to decide whether the child still needs special education. e Confidentiality You have a right to expect that your child's school records will be kept confidential. No one should see your child's records except school staff and others that you give permission to see them. You as a parent have the right to review your child's school records and ask that the records be changed if you see errors in them. e Disagreements >From time to time parents and school staff may disagree about some special education issue. When there is a disagreement, the best thing is to try to work things out informally. But, if you still cannot come to an agreement with the school district, parents have the right to ask for a due process hearing. e Due Process Hearing To request a due process hearing, you should write to the: Legal Counsel Office of Public Instruction Room 106, State Capitol P.O. Box 202501 Helena, MT 59620-2501 In your letter, explain that you and the school disagree about a special education issue. The Superintendent of Public Instruction will appoint an impartial hearing officer to hear the case. The impartial hearing officer has 45 days to reach a decision. e Complaints If you think that your school district is violating the special education law in some way, you can file a complaint with the Office of Public Instruction. Write to: Complaint Officer Office of Public Instruction Room 106, State Capitol P.O. Box 202501 Helena, MT 59620-2501 In your letter, explain what your school district is doing that is incorrect. e Review of Your Rights Here is a list of your rights in the special education process: * You have the right to receive written notice before the school: * Evaluates your child individually; * Considers special education for your child; * Changes your child's placement in special education; * Refuses your request for an evaluation or a change in placement. * You have the right to inspect and review all of your child's educational records. * You must give written consent before the school can evaluate your child or place your child in a special education program. * It is important to understand the following about evaluations: * You may refuse to permit an evaluation; * If your child is evaluated and you think the evaluation is not adequate, you have the right to get an Independent Evaluation; * The school must reevaluate your child at least every three years; * All tests must be given in the language the child knows best; * You have the right to be fully informed of the results of the evaluation. * You have the right to an impartial due process hearing if you disagree with the school district on a special education issue. Finding Out More About Your Rights If you have questions about your rights in the special education process, you can contact Parents Let's Unite for Kids (PLUK). Parents from PLUK can explain your rights and help you work with your school district. Call toll-free 1-800-222-7585. Copyright (c) 1998 Parents, Let's Unite for Kids, all rights reserved. plukmt@wtp.net ---------- End of Document