Unfortunately, it is not always easy to navigate the educational system and know how to best work with district and school personnel. Often times, parents of students with disabilities face additional challenges. This document is available in English and Spanish. The appendices also include quick references, a glossary of terms, and sample letters.
Understanding Special Education in Illinois. These advocates, who are not attorneys, may be able to assist with consultation, letter writing, or meetings with schools. Early resolution is an informal means for districts and parents to resolve complaints at the local level. It is not uncommon for disagreements to occur between parents and school districts regarding a child's special education services.
Those disagreements can often be resolved at the local level with open communication between the parties.
The process of resolving disagreements at the local level can be a quick alternative to using a state-sponsored dispute resolution system, and can have the added benefit of improving communication between both parties in the future. If an individual believes that a school district has not complied with the law or that a child's educational rights as been violated, the individual should try to resolve the issues with the local school district, through the following steps:.
Legal Rights to Services
It looks like your browser does not have JavaScript enabled. For very young students kindergarteners through third graders who are struggling this can be a problem because they have not learned enough to show a real discrepancy in test results. Many experts consider overlooking the data that can be derived from interventions to be a missed opportunity to identify students earlier in the process.
See the previous paragraph about the discrepancy method for identifying specific learning disability. Assessments are diagnostic tools; they do not contain answers or solutions. They can also rule out simple problems, such as hearing or vision impairments, which may be affecting learning. This information is invaluable because it guides the educational process. Teachers can write goals for your child and you can request services based on information found within these assessments.
It is important to remember that not every child who struggles academically will qualify for special education services. If your child is struggling but does not qualify for special education, it is imperative that you keep looking for solutions.
Laws Regarding Evaluation and Assessment
If your child is diagnosed with a learning disability or other qualifying impairment , the next step is to draft an individualized education program IEP for him or her. Parents must give permission for placement as a part of the initial IEP. It is imperative that you attend these meetings. It is a forum for exchanging ideas and the IEP team members can offer you invaluable support. If you cannot attend these meetings in person, find a way to participate.
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- Step Two: Formal Assessment?
- A good starting place for parents of students with disabilities;
IEP teams are eager to consider options, such as your attendance via speaker phone or Skype. You are the one who knows your child the best; the IEP team members need your input. Do not be surprised by how many people attend IEP meetings. The law requires that five positions are represented at each IEP team meeting.
Those five positions that need representation are the parent, the special education teacher, the general education teacher, a person who can interpret test information, and a district representative. That does not always mean five different people will attend the meeting; in some cases one person can play two roles. For example the special education teacher often is qualified to interpret test data. You may also consider encouraging your child to attend and be an active member of the team.
Understanding the Special Education Process
Until consent is obtained, a district cannot evaluate a student; to do so is a violation of the law. The decision in the landmark case Diana versus State Board of Education made it illegal to identify students as disabled unless they have been tested in their native language. In addition, parents must be offered evaluation plans and IEPs in their native language before giving informed consent. The only exception is in the case where the home uses an alternative language, but the student is evaluated to be proficient in English.
Laws are in place to protect students and parents during challenging times. They are not sequential and can be completed in any order. The least complex of the three is typically tried first.
- A Guide to Student and Parent Rights in Special Education!
- The Special Education Process Explained.
- Laws Regarding Services?
That case will be investigated and within 60 days a decision rendered. If that were not to work, or deemed not to work, a parent or district can ask for mediation. In this process, trained state employees or contractors work with both parties to mediate the situation to find a compromise.
The First Step: Identifying a Need
Both the district and the parent must agree to the mediation process before it can proceed. The final process is a due process hearing, which is very much like a trial. In this case, the parents and the district present their cases with witnesses, depositions, review of records, etc. An adjudicated law judge is an attorney, trained in special education law who is not normally a judge.
They are typically referred to as an ALJ.