Where to Turn... Your Guide to Federal Disability Policies and Programs Authors Patrice Drew, Esq. Cathy Ficker Terrill Anne C. Parrette, Esq. Project Coordinator Janna Starr Editors Larry H. Hoffer Lisa Ward Monique Marino Brain Injury Association US Department of Health and Human Services HRSA Health Resources and Services Administration Maternal and Child Health Bureau Disclaimer The Brain Injury Association shall not be held liable for content changes made by unauthorized parties, including but not limited to: alterations of text, images or other information within Where to Turn: Your Guide to Federal Disability Policies and Programs (the Guide.) The Guide contains general information. It is not an authoritative legal document, nor shall it be construed as legal advice. The Guide shall not be relied upon as a legal authority for acting or refusing to act. The information contained in the Guide may change as Federal polices and programs are amended periodically. The Brain Injury Association is not responsible for notifying the Public of these changes. Special Education I think my child may need special help in school. What can I do? Under the Individuals with Disabilities Education Act (idea), there is much you can do for your child. Idea gives eligible children with disabilities the right to receive special services and assistance in school. These services are known as "special education" and "related services." What is special education? Special education can be defined as instruction that is designed specially, at no cost to you as parents, to meet your child's unique needs. Specially designed instruction means adapting the content, methodology or delivery to: Address the unique needs of your child that result from his or her disability, and Ensure your child's access to the general curriculum so that he or She can meet the educational standards that apply to all children within the jurisdiction of the public agency Related services may include: Speech-language pathology and audiology Psychological services Physical and occupational therapy Therapeutic recreation Mobility services Special education can include instruction conducted in the classroom, the home, hospitals and institutions, and other settings. It can include instruction in physical education as well. Speech-language therapy, or any other related service, can be considered special education rather than a related service under state standards if the instruction is specially designed, at no cost to the parents, to meet the unique needs of a child with a disability. Travel training and vocation education also can be considered special education if these standards are met. Does your child have one or more of these disabilities? Autism Deafness Deaf-blindness Hearing Impairment Mental Retardation Multiple Disabilities Orthopedic Impairment Serious Emotional Disturbance Specific Learning Disability Speech or Language Impairment Traumatic Brain Injury Visual Impairment, including Blindness Is my child eligible? Under the idea, a "child with a disability" is eligible for special education and related services. This law lists 13 different disability categories under which a child may be found eligible for special education and related services. According to the idea, your child must have a recognized disability, and the disability must affect the child's educational performance in order to qualify for special education and related services. For children ages 3 through 9, a "child with a disability" may include, at the discretion of the state and the local education agency (lea) and subject to certain conditions (enumerated at §300.313), a child who is experiencing developmental delays, as defined by the state and measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Physical development; Cognitive development; Communication development; Social or emotional development; or Adaptive development; and Who needs, for that reason, special education and related services.[§300.7(b)] What is my first step for obtaining special education services for my child? The first step is to find out if your child has a disability. To do this, ask the school to evaluate your child. Call or write the director of special education or the principal of your child's school. Say that you think your child has a disability and needs special education help. Ask the school to evaluate your child as soon as possible. If the school agrees to evaluate your child, then the evaluation is at no cost to you. The ways your child may be selected to receive an evaluation: You may request that your child be evaluated. Your child's school may ask to evaluate your child. If your school refuses to evaluate your child, there are two things you can do immediately: Ask the school system for information about its special education policies, including information about appeal procedures Get in touch with your state's Parent Training and Information (PTI) center. Contact National Information Center for Children and Youth with Disabilities (NICHCY) for more information I asked the personnel at my child's school for an evaluation for my child, and they refused. What can I do? The school has no obligation to provide your child with an evaluation upon demand. The school may not think your child has a disability or needs special education. If this is the case, the school has an obligation to inform you of its decision in writing, setting forth the reasons for the denial of the evaluation. Once you have received indication that your child's school has refused your request to evaluate him or her, make sure that you determine what the school system's policies are regarding its special education program. Specifically, ask for information on appealing an evaluation denial. Once you have determined the school system's protocol, be sure to follow each step and provide all required documentation. You are your child's best advocate and without your constant determination and effort, it is not a "given" that your child will receive the special education resources to which he or she is entitled. What happens during an evaluation? Once you have been notified in writing by the school that it has agreed to evaluate your child, the school will assemble an evaluation team. This group of people, including you, will evaluate your child. They will begin by looking at your child's school file and recent test scores. You and your child's teacher may provide information to be included in this review. Before the school can conduct any testing on your child, you must give your permission. Additionally, the school must describe the tests it will use with your child and the other ways information about your child will be collected. Only after receiving your informed written consent may the school begin the evaluation process. Four Evaluation "Musts" Using the native language: The evaluation must be conducted in your child's native language or other means of communication, including sign language, unless it is clearly not possible to do so. No discrimination: Tests must be given in a way that does not discriminate against your child because he or she has a disability or is from a different racial or cultural background. Trained Evaluators: The people who test your child must know how to give the tests they decide to use. They must give each test according to the instructions that came with the test. More than one procedure: Evaluation results will be used to decide if your child is a "child with a disability" and help determine what kind of educational program your child needs. These decisions cannot be made based on a single procedure, such as just one test. Tests are an important part of the evaluation process, but they are only a piece. The evaluation also should include: The observations and opinions of professionals who have worked with your child; Your child's medical history, when it is relevant to his or her performance in school; and Your ideas about your child's experience abilities, needs and behavior in school and outside of school, and his or her feelings about school. Professionals will observe your child. In order to capture a picture of the "whole child," they will want to know more about: How well your child speaks and understands language How your child thinks and behaves How well your child adapts to change What your child has achieved in school What your child's potential or aptitude (intelligence) is How well your child functions in areas such as movement, thinking, learning, seeing and hearing What job-related and other post-school interests and abilities your child has. So my child has been found eligible for special education. What next? Based on your child's evaluation results, a group of people will decide if your child is eligible for special education and related services. Under the idea, you have the right to be part of any group that decides your child's eligibility for special education and related services. If your child is found eligible for special education and related services, the next step is to write an individualized education program (IEP) for your child. This is a written document that you and school personnel develop together. The IEP will describe your child's educational program, including the special services your child will receive. The IEP has two general purposes: 1. To set reasonable learning goals for your child; and 2. To specify the services that the school district will provide for your child. It is very important that children with disabilities participate in the general curriculum as much as possible. They should have the same curriculum as children without disabilities, including, for example, reading, math, science, social studies and physical education. In some cases, this curriculum may need to be adapted for your child to learn, but it should not be omitted altogether. Participation in extracurricular activities and other nonacademic activities also is important. Your child's IEP needs to be written with this in mind. Who develops my child's IEP? Many people come together to develop your child's IEP. This group is called the IEP team and includes most of the same categories of people that were involved in your child's evaluation. Team members will include: You, the parents At least one regular education teacher, if your child is particpating in the regular education environment At least one of your child's special education teachers or special education providers A representative of the public agency (school system) who (a) is qualified to provide or supervise the provision of special education, (b) knows about the general curriculum; and (c) knows about the resources the school system has available An individual who can interpret the evaluation results and talk about what instruction may be necessary for your child Your child, when appropriate Representatives from any other agencies that may be responsible for paying for or providing transition services (if your child is 16 years or, if appropriate, younger) Other individuals (invited by you or the school) who have knowledge or special expertise about your child. For example, you may wish to invite a relative who is close to the child or a childcare provider. What information is in your child's IEP? Your child's IEP will contain the following statements: Present levels of educational performance. This statement describes how your child currently is doing in school. This includes how your child's disability affects his or her involvement and progress in the general curriculum. Annual goals. The IEP must state annual goals for your child, meaning what you and the school team think he or she can accomplish reasonably in a year. This statement of annual goals includes individual steps that make up the goals (often called short-term objectives) or major milestones (often called bench marks). The goals must relate to meeting the needs that result from your child's disability. They also must help your son or daughter be involved in, and progress in, the general curriculum. Special education and related services to be provided. The IEP must list the special education and related services to be provided to your child. This includes supplementary aids and services (such as a communication device). It also includes changes to the program or supports for school personnel that will be provided for your child. Participation with children without disabilities. How much of the school day will your child be educated separately from children without disabilities or not participate in extracurricular or other nonacademic activities, such as lunch or clubs? The IEP must include an explanation that answers this question. Participation in state and district-wide assessments. Your state and district probably give Tests of student achievement to children in certain grades or age groups. In order to participate in these tests, your child may need individual modifications or changes in how the tests are administered. The IEP team must decide what modifications your child needs and list them in the IEP. If your child will not be taking these tests, the IEP must include a statement as to why the tests are not appropriate for your child and how your child will be tested instead. Dates and location. The IEP must state (a) when services and modifications will begin; (b) how often they will be provided; (c) where they will be provided; and (d) how long they will last. Transition service needs. If your child is age 14 (or younger, if the IEP team determines it appropriate), the IEP must include a statement of his or her transition service needs. Transition planning will help your child move through school from grade to grade. Transition services. If your child is age 16 (or younger, if determined appropriate by the IEP team), the IEP must include a statement of needed transition services and, if appropriate, a statement of the interagency responsibilities or any needed linkages. Measuring progress. The IEP must state how school personnel will measure your child's progress toward the annual goals. It also must state how you, as parents, will be informed regularly of your child's progress and whether that progress is enough to enable your child to achieve his or her goals by the end of the year. Can my child's IEP be changed? Yes. At least once a year a meeting must be scheduled with you to review your child's progress and develop your child's next IEP. This annual IEP meeting allows you and the school to review your child's educational program and change it as necessary. But you don't have to wait for this annual review. You may ask to have your child's IEP reviewed or revised at any time. Will my child be re-evaluated? Yes. Under the idea, your child must be re-evaluated at least every three years. The purpose of this re-evaluation is to find out: (1) if your child continues to be a "child with a disability," as defined within the law and (2) your child's educational needs. Although the law requires that children with disabilities be re-evaluated at least every three years, your child may be re-evaluated more often if you or your child's teacher(s) request it. What if I disagree with the school about what is right for my child? If you disagree with the school's decisions concerning your child, the idea affords you several protections. The law and regulations include ways for the parents and school to resolve disagreements. These include: Mediation - you and school personnel sit down with an impartial third person (called a mediator), talk openly about the areas where you disagree and try to reach agreement. Due process - you and the school present evidence before an impartial third person (called a hearing officer), and he or she decides how to resolve the problem. Filing a complaint with the state education agency (sea) - you write directly to the sea and describe what requirement of idea the school has violated. The sea either must resolve your complaint itself or it may have a system in which complaints are filed with the school district and parents can have the district's decision reviewed by the sea. In most cases, the sea must resolve your complaint within 60 calendar days. What do I do if I want to put my child in a private school? Parents always may remove their child from the public school and enroll him or her in a private school at their own expense. The law does not require an lea to pay for the cost of education, including special education and related services, of a child at a private school or facility if that agency made a free and appropriate public education available to the child and the parents chose to place the child in the private school or facility. Disagreements between parents and a public agency regarding the availability of a program appropriate for the child may arise. If, as parents, you decide to place your child in a private school and you want the public agency to pay for the cost, certain provisions of the law apply. If you enroll your child in a private preschool, elementary or secondary school on referral by the state agency, a court or hearing officer may require the agency to reimburse you for the cost of that enrollment if the court or hearing officer finds: (a) that the public agency had not made a free and appropriate education available to your child in a timely manner prior to the private school enrollment, and (b) that the private placement is appropriate. Another important provision is that the cost of this reimbursement may be reduced or denied for a number of reasons, including if: At the most recent IEP meeting that you attended prior to removing your child from the public school, you did not inform the iep team that you were rejecting the placement proposed by the public agency, including stating your concerns and your intent to enroll your child in a private school at public expense At least 10 business days (including any holidays that occur on a business day) prior to removing your child from the public school, you did not give written notice to the public agency of the information described above If, prior to your removal of your child from the public school, the agency informed you of its intent to evaluate your child, but you did not make your child available for the evaluation Upon a judicial finding of unreasonableness with respect to actions taken by you, as parents There are exceptions to these provisions. The cost of reimbursement may not be reduced or denied for failure to provide notice above if any of the following apply: You are illiterate and cannot write in English Providing the notice as required by law would result in likely physical or serious emotional harm to your child The school prevented you from providing the notice You had not received notice that you were required to provide the public agency with notification of your intentions, as described above Resources National Information Center for Children and Youth with Disabilities (NICHCY) P.O. Box 1492 Washington, DC 20013-1492 1-800-695-0285 (Voice/TTY) (202) 884-8200 (Voice/TTY) www.nichcy.org Families & Advocates Partnership for Education Pacer Center, Inc. 4826 Chicago Avenue South Minneapolis, MN 55417-1098 888-248-0822 or 612-827-2966 Phone 612-827-7770 TTY 612-827-3065 Fax fape@pacer.org E-mail www.fape.org Office of Special Education Programs (OSEP) 600 Independence Avenue, SW MES-2722 Washington, DC 20202 (202) 205-5507 Phone (202) 205-9179 Fax www.ed.gov/offices/OSERS/OSEP/index.html CADRE, The Consortium for Appropriate Dispute Resolution in Special Education 3875 Kincaid Street #18 Eugene, OR 97405-4599 (541) 686-5060 Phone (541) 686-5063 TTY (541) 686-5063 Fax www.directionservice.org/cadre Academy for Educational Development (AED) 1875 Connecticut Ave., NW, Suite 900 Washington, DC 20009 (202) 884-8215 Phone (800) 695-0285 TTY (202) 884-8443 Fax frc@aed.org E-mail www.dssc.org/frc ERIC - Clearinghouse on Disabilities and Gifted Education (ERIC/EC) Council for Exceptional Children (CEC) 1920 Association Drive Reston, VA 20191-1589 (800) 328-0272 Phone (703) 264-9449 TTY ericec@cec.sped.org E-mail ericec.org National Association of State Directors of Special Education (NASDSE) 1800 Diagonal Road Suite 320 Alexandria, VA 22314 (703) 519-3800 Phone (703) 519-7008 TTY (703) 519-3808 Fax nasdse@nasdse.org E-mail www.nasdse.org Office of Special Education and Rehabilitative Services (OSERS) Switzer Building Room 3006 Washington, DC 20202-2500 (202) 205-5465 Phone (202) 205-5465 TTY (202) 205-9252 Fax www.ed.gov/offices/OSERS/ Endnotes: National Information Center for Children and Youth with Disabilities www.nichcy.org U.S. Department of Education www.ed.gov