Print This PageThe educational rights of children with disabilities are protected by two important federal laws, the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973.
IDEA. The IDEA is an education law specifically for children with disabilities. The IDEA requires that when a state accepts financial assistance offered by the federal government, the state must guarantee a “Free and Appropriate Public Education” (FAPE) to each child with a disability. The parents of a child with a disability have the right to participate in all decisions involving the identification, evaluation and placement of their child.
SECTION 504. Children with disabilities who do not qualify for special education under the IDEA, but who do need some special assistance in school are covered by Section 504. Section 504 requires that schools take reasonable steps to give students with disabilities access to all the programs and activities offered by the school. That usually means making certain accommodations for the student’s disability so that he can participle in general education classes or other school activities.
INDIVIDUAL EDUCATION PLAN
An IEP is a written plan for meeting the special education needs of each child with a disability. The IEP is developed, reviewed and revised by a team of people including parents and school personnel. The IEP focuses on the child as an individual.
The purpose of an IEP meeting is to discuss the child’s abilities and educational needs, decide how those needs can be met through services and supports and set educational goals for the child. Parents and school personnel are equal participants in the IEP meeting.
Your IEP drives your services. What is written in your child’s IEP is the basis for the school’s service delivery to your child. If a service is not in the IEP, the school is under no obligation to provide it. Writing a clear and measurable IEP is the most important single skill you can develop to assure that your child receives a meaningful and appropriate education.
GETTING READY FOR AN IEP MEETING
1. Prepare. Talk to other parents & professsionals. Make a list of questions, concerns and things you want your child to learn.
2. Bring a friend. An experienced parent is good but more important is the presence of someone you trust and who is there for you.
3. Take notes. Prepare your friend prior to the meeting to take notes and remind you if you are forgetting something. 4. Ask who, when and how long. Make sure you know who is responsible for imple- menting decisions and how long it will take.
5. Give fair notice. Let the school district know in advance if you are bringing a lawyer or other guest to the meeting.
6. Talk to your child before the meeting. Will your child be attending? Does your child understand what the meeting is about? What does your child want to learn? What helps him or her learn?
7. Talk to your Special Education Teacher or District Representative before the meeting. Find out what their thinking is. This is your opportunity to give informal input and begin to mold the outcome of the IEP in the direction you want.
8. Ask questions when you do not understand. You have the right and responsibility to be clear on your child’s educational placement. If there is information you need or do not understand, ASK! Do not leave feeling that you do not know precisely what has been decided.
9. Build positive relationships. To successfully support your child with his/her education, you must work with the people who work with your child. Your child is best served when you, the teacher and other personnel have developed a positive working relationship that allows for disagreements to be dealt with in a calm and rational way.
10. Strong involvement in the school assures quality of service. Remember that schools are established as a service to your child, you and the community at large.
Frequently Asked Questions: My child has recently been diagnosed or labeled with a disability. What do I do next? To some parents, a label can be devastating, to other’s, it may come as a relief. What is important to understand is that a label is nothing more than a passport to services. A label also provides you with reference point to start researching your child’s disability. What the label does not do is change your child in anyway.
1. Find out as much as you can about this label. Research the disability by using the internet or the local library. If you do not have a computer available, your local library will have one as well as your local SCESD office. There are many books on disability and your local library will have a selection. SCESD has a limited lending library as well.
2. Contact your local County Mental Health Department. If you are in Coos County, contact Senior & Disabled Services. Make an appointment to see if your child is eligible to receive services through a Case Manager. A case manager can provide you with many resources (some of which are not available to those without a case manager, such as referrals to community and state agencies, assistance with obtaining support services and resources to assist your family with respite, financial and/or behavioral management support).
3. Your child may be eligible for benefits such as Social Security Financial Assistance, Medicaid, or the Oregon Health Plan. Contact your local Social Security Office regarding financial and/or insurance benefits for your child. If you do not have insurance, considering applying for the Oregon Health Plan (see insurance). Often times, OHP and /or private insurance may pay for therapies for your child such as speech and language, occupational, physical, etc., beyond what the school may provide.
4. Understand the laws which surround your child’s education such as IDEA (Individual with Disabilities Education Act), Section 504, FAPE (Free Appropriate Public Education), and ADA (American Disabilities Act). These laws govern your child and his or her education and include parental rights. Contact an advocacy group if you need assistance such as The Special Education Help-Line for Oregon 1-888-891-6784.
5. Join a local support group! You will meet other parents with children with disabilities which may provide you with support, resources, and advice.
Where can I locate service providers for my child such as pediatricians, dentists and therapists? Local parent support groups are probably the best source of information in your area (see support groups). There are also websites listed in this resource guide. Another source would be the “Parents Contact Parents List.” To obtain such a list, contact Vicki Goodrich at 269-9099 and ask for a copy.
I’m confused! Who is responsible for my child’s education? Is it the local school district or SCESD? Your local school district is responsible for your child’s education. Your local school district contracts services through SCESD, however they continue to be responsible for your child’s education.
THIS RESOURCE GUIDE IS NOT ALL INCLUSIVE AND SHOULD NOT BE USED IN LIEU OF OR AS MEDICAL ADVICE OR IN PLACE OF ADVICE FROM QUALIFIED PROFESSIONALS.
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| (SECTION: IDEA LAW/ SECTION 504/ INDIVIDUAL EDUCATION PLAN/ (FAQ) FREQUENTLY ASKED QUESTIONS) |