At Wealthspire, we help clients and families with special needs children with their financial and estate plan to make sure those children are provided for as they become adults. While a child with disabilities is still in school, it’s critical to understand their rights and the services available to help determine the best course of action for their education and obtain the services needed to help them progress in their educational journey.
What are your child’s rights?
The Individual with Disabilities Education Act (IDEA) is the federal law passed in 1975 and updated in 2004 that requires schools to meet the needs of children with disabilities and provide them with a Free Appropriate Public Education (FAPE). Under IDEA, federal funding is allocated to assist states in delivering FAPE in the least restrictive setting possible. Children with disabilities have the right to FAPE until they are 21 years old. To qualify for services under IDEA, a child must have a specific learning disability or a brain-based disability that impacts their ability to read, write, and do math. If the child with disabilities needs special education or related services to progress in school, they qualify for services under IDEA.
What services are offered under IDEA?
These services include traditional special education settings but may also include coordinated early intervening services such as extra academic or behavioral support in the general education setting. This could mean a special education itinerant teacher who assists the child in a general education setting to support positive behavioral interactions or providing speech and language therapy.
Other IDEA services include classroom accommodations that give students with disabilities equal access to instruction and assessment, designed to level the playing field for them. Some classroom accommodations include having the teacher repeat directions, providing reference aids, allowing them extra time or breaks to complete coursework, letting the child respond by pointing to or marking answers in a book, or providing the child with a different setting from other students.
What is the evaluation process like?
States must develop policies and procedures to evaluate a child’s specific learning disability and determine what level of services might help them progress in school. Schools are responsible for finding, identifying, and assessing all students to see if any need services under IDEA, even those children attending private schools. School personnel, a teacher, or family member of the child can make a referral for evaluation to assess the need for special education services. Once someone makes a referral for an evaluation, the school must obtain the consent of the child’s parents. After obtaining consent from the child’s parents, the school has a specific timeframe to conduct a comprehensive evaluation which includes assessing the child’s academic, cognitive, behavioral, speech and language, and motor skills.
The evaluations are usually coordinated by the local special education agency or committee. Evaluations include classroom observations and interviews with different specialists, teachers, and the child’s parents. Once the evaluations are complete, the evaluators provide written assessments and the parents, school officials, and the local special education agency or committee meet to review the results and determine if the child’s disability qualifies them for any special education or related services under IDEA. If the child’s parents disagree with the evaluation findings, parents have the right to have an independent evaluation done.
Once the findings are agreed upon and the child is found eligible under IDEA, the local special education agency, school officials, teachers, and the child’s parents meet to develop an Individualized Education Program (IEP), usually within a 30-day timeframe.
What is an Individualized Education Program (IEP)?
An IEP is a comprehensive written plan that outlines a student’s specific goals, accommodations, modifications, and services for the school year. The IEP covers the child’s academic, developmental, and functional needs, their yearly academic and functional goals, how goals will be measured, and the special education and related services that will be provided.
After the IEP is created, the school carries out the plan in place and provides the recommended IDEA services and accommodations to satisfy FAPE requirements. The IEP is reviewed at least annually, and the child is re-evaluated at least every three years to accommodate their evolving needs. Based on their progress, updates are made to the IEP as needed.
If parents disagree with their child’s current IEP recommendation, they have rights and ways to resolve disputes, including requesting mediation or a due process hearing. Parents can hire special education attorneys to assist with the resolution.
Final Thoughts
For parents of children with special needs, it’s critical to understand the educational rights and options to advocate effectively for their specific needs. Though IDEA establishes a child’s fundamental rights to FAPE, every state administers the special education and IEP process under IDEA differently. Parents should connect with special needs advocates who can help guide families through the IEP process and have connections to special education attorneys. Parents can also connect with other families of children with special needs in their local area. There are also some national resources that provide families with important and helpful information, such as Parent to Parent USA and Autism Society. To learn more about how we can support your family through the special needs planning process, contact us today.
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