Understanding special education and how it works

1. Parents, school personnel, students, or others may make a request for evaluation to determine whether your child has a disability and needs special education. The school district must complete individual evaluation. If it refuses to conduct the evaluation, it must give you appropriate notice and let you know your rights.

2. A team of qualified professionals and you will review the results of the evaluation, and determine if your child is eligible for special education services.

3. If your child is not eligible, you will be appropriately notified and the process stops. However, you have a right to disagree with the results of the evaluation or the eligibility decision.

If you disagree with the results of an evaluation, you have a right to an Independent Educational Evaluation (IEE). Someone who does not work for the school district completes the IEE. The school district must pay for the IEE or show at an impartial due process hearing that its evaluation is appropriate.

4. If you and the school district agree that your child is eligible for services, you and the school staff will plan your child's Individualized Education Program (IEP), at an ARD meeting.

5. The IEP lists any special services your child needs, including goals your child is expected to achieve in one year. The team determines what services are in the IEP, as well as the location where those services and modifications will be provided.

Placement for your child must be in the Least Restrictive Environment (LRE) appropriate to your child's needs. He or she will be placed in the regular classroom to receive services unless the ARD team determines that, even with special additional aids and services, the child cannot be successful there. You are part of any group that decides what services your child will receive and where they will be provided.

6. If you disagree with the IEP and/or the proposed placement, you should first try to work out an agreement with your child's ARD team. If you still disagree, you can use your due process rights.

7. If you agree with the IEP and placement, your child will receive the services that are written into the IEP.

8. The ARD team meets at least once per year to discuss progress and write any new goals or services into the IEP.

9. If you disagree with any changes in the IEP, your child will continue to receive the services listed in the previous IEP until you and school staff reach agreement. If you continue to disagree with the IEP, you have several options, including asking for additional testing or an Independent Educational Evaluation (IEE), or resolving the disagreement using due process.

10. All agree-special services are needed or need to be continued.

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Published on: 2003-05-26 (1600 reads)