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Common Ground is committed to informing families and guardians about parental rights and special education advocacy.

In this and upcoming editions we will share a series of basic and important special education topics on the rights, responsibilities, administrative processes, and legal remedies parents and students may encounter, and to which they are entitled.

The Right to a Free and Appropriate

Public Education

Every child having a disability that impacts their ability to learn in the United States is entitled to a "free and appropriate public education" (FAPE) in the least restrictive environment. This article describes the primary federal laws that govern special education in the United States, and what parents should do if they suspect their child has disabilities that impact their education.

What to Do if You Suspect Your Child has

a Disability Impacting Their Education

The process for providing special education services to a child with a disability begins with a parent's written request for evaluations, made to a school district’s director of special education or special services. The written request for evaluation is considered a formal "referral" for consideration of the need for special education services.

School district personnel may also refer a student to school administrators for evaluation.

The purpose of the evaluation is to determine if the student has a disability that impacts learning and requires individually designed instruction, and to assess the present level of academic and functional achievement.

Special Education Evaluations

and Eligibility

An important timeline begins at the moment that a child's need for evaluation is established. From that moment the school district has 90 calendar days to complete the evaluations, determine eligibility, and develop and implement an individualized education program (IEP).

Initial special education evaluations must include certain assessment elements, and be conducted by specifically qualified individuals, depending on the student's disabilities.

Parents also have specific rights and roles in the process of determining their child's eligibility for special education services, as well as the right to request independent evaluations of their child.

What is an IEP and How Does it Get Written?

IEP stands for “individualized education program.” The federal and state laws and regulations that guarantee students with disabilities a free and appropriate public education require that each student's educational plan be individualized. The IEP has two general purposes: (1) to establish measurable annual goals for the child; and (2) to state the special education and related services and supplementary aids and services that the public agency will provide to, or on behalf of, the child.

This article describes how the IEP is developed, the school's and parent's roles in developing it, what the IEP must consider and include, and how it is redeveloped annually to advance the students specific goals and objectives.

Special Education Placement

While much attention and focus among parents of children with disabilities is given to the question of "placement," it is, for good reason, the last thing considered in the IEP process.

Once the IEP team has decided what services the child needs, a decision must be made about where those services will be provided. Where they will be provided is called "placement." Like all other decisions in the IEP process, parents are full members of the group deciding their child's placement.

IDEA is extremely clear on the subject of - and the process for deciding on - a students special education placement.   

IDEA also requires that children with disabilities be educated in what's called the Least Restrictive Environment (LRE) to the maximum extent possible.

An extended school year (ESY) refers to special education services that are provided beyond the traditional 180-day school year. The decision about the need for ESY is individualized. Although federal and state laws do not provide specific criteria, the courts have identified several factors that should be considered, the most notable of which is “regression/recoupment.”

This Q&A answers the following questions:

•    What is ESY?
•    How is eligibility for ESY determined?
•    What factors must be considered?
•    Are preschoolers eligible for ESY?
•    Can my child's school district say "we don't do ESY"?

Q&A: Dispute Resolution

Disagreements between parents and school districts can arise over the identification, evaluation, classification, educational placement or the provision of a free, appropriate public education.

The IDEA affords parents and school districts three ways to bring complaints and to resolve disputes. They are:

• Mediation,
• Due process hearing, and
• Complaint investigation.

Learn more about the three ways to resolve a dispute regarding your child's special education programs or the processes that put them or keep them in place.

FROM THE CAPITOL

Governor Proposes Continued Increases to Funding for Extraordinary Costs.

New Grants to Improve Transition For Students With Disabilities.