M3A2: LASA 1
Joshua Abbott
The following guide aims to help parents and teachers understand the process of referring students to special education. Special education is “specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability.” (Watson 2018) The Individuals with Disabilities Education Act (IDEA) lists 13 categories for disabilities that a student may have. According to Watson, they are Autism, Deaf or Blindness, Developmental Delays, Emotional Disturbance, Hearing Impairments Mental Retardation, Multiple disabilities, Orthopedic Impairment, Other Health Impairments, Specific learning disability, Speech and language impairment, Traumatic Brain injury, and Visual impairment. Each part of the referral process is listed below to help parents in a FAQ format.
How does a referral begin? A school professional or teacher who has interactions with the child asks for an evaluation to see if a child has a disability. Parents may also do the same by contacting a school professional or teacher. A request can be verbal or written. Parents must consent to an evaluation for the child to be evaluated. Depending on the state, the evaluation process must occur within a set time frame after consent is given.
What happens once my child is evaluated? “The evaluation must assess the child in all areas related to the child's suspected disability. The evaluation results will be used to decide the child's eligibility for special education and related services and to make decisions about an appropriate educational program for the child.” (Kupper 2000) If a parent/guardian disagrees with the evaluation, they have the right to take the child for an Independent Educational Evaluation (IEE). Parents may ask the school to pay for this if necessary.
When is eligibility decided? The teachers or school professionals and the parents look at the child's evaluation results to decide if they are eligible. They use the IDEA act to define what disability the student has and may request a hearing if necessary.
What happens if the child is found eligible for special education services? If the child is determined to have a disability as listed under the IDEA act, then they can qualify for special education or services. Within 30 days, the eligible child must have an Individualized Education Plan (IEP) written. The steps below quickly summarize how the writing of an IEP occurs.
First, the school system must schedule a meeting. According to Kupper, School staff must:
• contact the participants, including the parents
• notify parents early enough to make sure they have an opportunity to attend
• schedule the meeting at a time and place agreeable to parents and the school
• tell the parents the purpose, time, and location of the meeting
• tell the parents who will be attending
• tell the parents that they may invite people to the meeting who have knowledge or special expertise about the child.
Second, the meeting is held and the IEP is written.
• The IEP team gathers to discuss the child’s needs and develop the IEP.
• Parents and possibly the student are part of the team.
• A different group may decide the placement, but parents must be in this group too.
• Before services or special education can begin, the parents must give consent.
• The child must receive services as quickly as possible after the meeting.
• If parents do not agree with the IEP and/or the placement, they can give their concerns to the team, ask for a mediation, or file a complaint with a state education agency to request a due process hearing to enforce mediation.
How are services provided? The school and staff make sure that the child's IEP is being followed. These are legally binding and must be followed by the school. Parents, teachers, and anyone working with the child are given a copy of the IEP. The IEP will list any accommodations, supports, and measures that must be carried out.
How is their progress measured and reported? “The child's progress toward the annual goals is measured, as stated in the IEP.” (Kupper 2000) Parents are regularly informed of the child’s progress towards their end of the year goals. These reports must be given as often as non-disabled students receive progress reports at the school.
When is the IEP reviewed? The IEP must be reviewed once a year by the same process as listed before but may be more often if requested by parents. If necessary, the IEP can be revised the same way it was implemented at first. All the same steps must be completed to revise an IEP. They may list concerns, ask for mediations, or additional testing if needed.
How often is the child reevaluated? Every three years the child must be reevaluated, this is called a triennial evaluation. The child must be still identified under one of the disabilities listed in the IDEA act. If the child’s disability requires more frequent reevaluations, the parents and school staff may request them before three years.
What laws enforce the special education process? Like general education, Free Appropriate Public Education (FAPE) requires all federally funded school programs to be free of charge. Even if students lack funds their needs must be met. According to Giuliani, the following safeguards ensure that students are protected:
• The right to participate in meetings related to the evaluation, identification, and educational placement of their child.
• The right to participate in meetings related to the provision of a free appropriate public education (FAPE) to their child.
• The right to be members of any group that decides whether their child is a “child with a disability” and meets eligibility criteria for special education and related services.
• The right to be members of the team that develops, reviews, and revises the individualized education program (IEP) for their child.
• The right to be members of any group that makes placement decisions for their child. If neither parent can attend the meeting where placement is decided, the school must use other methods to ensure their participation, including individual or conference calls, or video conferencing.
If a parent or guardian feels that their rights that are protected under the IDEA act are not met, they have the right to sue using due process to enforce the school and staff to follow the IEP or referral process. These safeguards ensure that every child can have access to the supports and services required by law.
In review, the referral process is quite lengthy for students to be listed as special education. The student must be referred, evaluated, have their eligibility decided, and have an IEP written before they receive services. Once services begin the student must receive progress reports towards end of year goals, must have an annual review, and they are reevaluated every three years. These processes ensure that the child’s needs are met, and that they are indeed receiving the supports and services required under the IEP. Any violation of the rights of the student allows parents to pursue legal action.
References:
Colorado Department of Education. (2018) http://www.cde.state.co.us/cdesped/mtssfscp_implementationguide
Council for Exceptional Children. (2018). Retrieved from http://www.cec.sped.org/
Giuliani, G. A. (2012). The Comprehensive Guide to Special Education Law : Over 400 Frequently Asked Questions and Answers Every Educator Needs to Know About the Legal Rights of Exceptional Children and Their Parents. London: Jessica Kingsley Publishers. http://search.ebscohost.com.libproxy.edmc.edu/login.aspx?direct=true&db=nlebk&AN=476335&site=eds-live
Küpper, L. (Ed.) with Kohanek, J. (production). (July, 2000). A Guide to the Individualized Education Program. Office of Special Education and Rehabilitation Services, Office of Special Education Programs: U.S. Department of Education.
U.S. Department of Education. (n.d.). Individuals with Disabilities Education Act (IDEA). Retrieved from http://idea.ed.gov/
Watson, S. (2018). What Does 'Special Education' Actually Mean? Retrieved from https://www.thoughtco.com/what-is-special-education-3110961