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Special Education and the Law |
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Special Education and the LawTable of Contents
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History and IntroductionThe laws of our country guarantee a free appropriate public education to all children. Despite these laws, for many years children with disabilities were often denied access to public education. It wasn't until the early 1970s, when parents filed lawsuits in federal court, that courts began to recognize that children with disabilities were not being offered the benefits of public education. This led to the passage of several laws that specifically addressed education rights for children with disabilities. In 1973, Section 504 of the Rehabilitation Act was passed. This Act prohibited entities receiving federal funds from discriminating on the basis of disability. School districts receiving federal funds were required to provide a free appropriate public education to all children, including children with disabilities. Yet, despite the clear language and intent of Section 504, children with disabilities continued to be excluded from schools. In 1974, Congress passed the Family Educational Rights and Privacy Act (FERPA) . This act protects the privacy and confidentiality of student records. It also provides parental access to their child's educational records and rights regarding the amendment and destruction of these records. In 1975, parents of children with disabilities successfully lobbied Congress to pass the Education for All Handicapped Children Act (EAHCA), which provided funding to states as an incentive to educate children with disabilities. Over the years, the EAHCA has undergone numerous revisions. In 1990, the EAHCA was revised and renamed the Individuals with Disabilities Education Act (IDEA) . That same year, Congress passed the Americans with Disabilities Act (ADA). The ADA protects all individuals with disabilities from discrimination based upon their disability. Under Title II of the ADA, state and local governments (including school districts) must make their programs accessible to and usable by people with disabilities. In 1997, Congress again made revisions to the IDEA. The most significant changes included: the increased emphasis on children with disabilities participating in the general education curriculum; the inclusion of children with disabilities in statewide achievement testing; parent participation in eligibility and placement decisions; changes in reevaluation requirements; the addition of transition planning at age 14; and the use of voluntary mediation in dispute resolution, and changes in discipline. These changes are addressed in this handbook.
Although many children are eligible under both IDEA and Section 504, these laws will be addressed separately in this handbook. There are three basic differences between IDEA and Section 504. First, the IDEA provides funding to states for special education. Section 504 is a civil rights statute that prohibits discrimination but does not provide funds. Second, the definition of disability under Section 504 is broader and based on a person's functional limitations. The IDEA only covers children (ages birth - 22) in certain disability categories. Finally, Section 504 does not require schools to provide the same procedural safeguards as the IDEA.
Return to Top.IDEA: Individuals with Disabilities Education ActWhat is the IDEA? The Individuals with Disabilities Education Act (IDEA) is a federal law that provides federal funds to states to educate children with disabilities. In return, the states are required to provide all children with a free, appropriate, public education (FAPE). Creators of the IDEA recognized the importance of a parent's knowledge of their child's needs to assist in creating an education plan for their child. Thus, the IDEA creates a process in which school districts must work with parents to determine the child's needs, develop a written plan to address those needs, and provide the services identified in the plan at no cost to the parent. The outcome of this process is a document called an Individualized Education Program (IEP). The IEP lists the special education and related services a child needs to receive an appropriate education. What is a Free Appropriate Public Education (FAPE)? A free appropriate public education, often referred to as FAPE, is defined as follows: "Free" means education provided at no cost to the parents of a child with a disability. The word "appropriate" refers to education designed to meet the individual needs of a child with a disability as adequately as the needs of non-disabled students are met and in accordance with the child's IEP. "Public" relates to the fact that education must be provided to all children through the use of public funds and in the public school environment. The word "education" identifies the intent to provide education to all students regardless of the severity of their disability. Who is eligible under IDEA? School districts are required to "seek out and find" all children (ages birth through 21) with disabilities who need special educational benefit and related services. This is referred to as the "child find" requirement. School districts are required to evaluate any child they suspect may have a disability that affects his or her learning, regardless of the severity of the disability, and to determine if that child needs special education and related services. To be eligible under IDEA, a child:
IEP: Individualized Education ProgramWhat is an Individualized Education Program (IEP)? The IDEA outlines a process in which the school district must work with a parent to determine the child's educational needs. The outcome of this process is a written Individualized Education Program or IEP. It lists the special education and related services a child needs to receive an appropriate education. The IEP should be tailored to meet the unique needs of the child. Everything the child needs must be specifically listed in the IEP. The school district is not obligated to provide services or accommodations not written into the IEP. During the IEP meeting, a parent should be treated as an equal partner in designing the child's educational plan. To assist the parent in this process, school districts are required to provide all records and information requested by the parent before the IEP meeting so that the parent can participate as a knowledgeable partner. (See page 48 for other Helpful Hints for Parents #5 for preparing for an IEP meeting.) School personnel can present a draft IEP for the meeting but they must allow changes to the draft. Parents can also come to the meeting with their suggestions for programming. The IEP should be completed with input from all members of the team. After the IEP is developed, the team must decide where the child will be educated. This is called a placement decision. All placement decisions must be based on the child's IEP. The first placement the IEP team must consider is the classroom the child would be in if he did not have a disability. In considering this classroom placement, the team must provide enough services and supports to allow the child to acquire an appropriate education. The IEP team can only consider other settings for all or part of the school day if this setting is not appropriate for the child. Prior written notice is required any time a school district proposes to change a child's placement. An IEP must be based on the individual needs of the child, not on the programs the school district has available. Thus, a school district violates the IDEA if it writes an IEP to fit a placement it has already selected from the current district programs. This often happens when a school district selects a placement based on your child's "label" or disability (e.g., a child with Down Syndrome is automatically placed in the school district's program for children who are mentally retarded). Scheduling an IEP meeting: The IEP meeting should be scheduled at a time and place that the parent and the school agree upon. The school must give the parent enough notice to assure attendance. Parents can also attend meetings by telephone if necessary, but it is best to arrange a meeting time making attendance in person possible. The child's school must provide notice about the IEP meeting. This notice must include a list of the people who will be at the meeting, the purpose of the meeting, as well as the time and date of the meeting. The IEP meeting should be at a mutually agreed upon time and place so that everyone can attend. A parent should receive notice of the IEP meeting in enough time to review the child's educational records and be prepared for the meeting. Ten days is generally considered to be a reasonable amount time. Who should be at an IEP meeting? IEPs must be developed by the child's IEP team. This team must include:
DisciplineWhat if a child with a disability gets into trouble at school and is suspended or expelled? Like other students, children with disabilities can be suspended or expelled. However, there are a few special rules the school district must follow when disciplining children with disabilities. These protections were put into the IDEA to prevent schools from suspending or expelling students without considering the effects of the child's disability. One such protection is the "Manifestation Determination." The IDEA requires the IEP team determine if the behavior subject to disciplinary action is related to the child's disability. This is called a manifestation determination. The decision made at this meeting will determine whether or not the child will be suspended or expelled. It is critical for parents to attend this meeting and document any disagreement or concerns they have. There is a lot of confusion when a child is suspended. Parents should immediately contact the Disability Law Center for assistance to help in understanding their rights. Some school districts have parent or student handbooks that include a section regarding what to do if a child is suspended. Parents should get a copy of the handbook, read it and become familiar with the rights a child has under the district's regular disciplinary process. Specifically, know how many days one has to appeal a suspension and the right to a due process hearing. Parents who know their rights may prevent their child from being suspended or expelled. Can a suspension be appealed? Parents are sometimes told they cannot appeal a suspension. This is not true. Parents always have the right to appeal a suspension and should do so as soon as they learn about the suspension. On the same day the school district decides to suspend/expel or change the placement of a child for 10 or more school days, the school district is required by law to inform the parent, either in writing or by phone, of its action. This notice should include information about what the child has done and what the school district is planning to do. It must also include information about parent's procedural rights, including the right to appeal the disciplinary action. Suspensions lasting 10 school days or less: A child may be suspended and not receive educational services for up to 10 school days during a school year. The 10 school days could occur either consecutively (e.g., for a single infraction) or separately (e.g., for multiple minor infractions) occurring during the year. However, if a child is subjected to shorter, separate suspensions for similar behaviors this may be considered a pattern of removal by the school district that is inappropriate. Parents should contact an advocate if this is happening to their child. If a child is being suspended frequently, parents should request an IEP meeting to discuss the behaviors with the team. Some issues to discuss are whether or not the child needs a reevaluation, a functional behavioral assessment and a positive behavior intervention plan. Changes to the IEP goals and objectives should also be discussed. Suspensions lasting more than 10 school days: On or before the 10th school day of suspension, the IEP team must meet to conduct a functional behavior assessment and prepare a positive behavior intervention plan. If the child already has these in place, then the IEP team must review and update them. These rules apply to all disciplinary actions resulting in a removal of 10 or more school days except those offenses involving weapons or illegal drugs, or when a hearing officer decides the child is dangerous. What is a Manifestation Determination? As stated earlier, if a suspension will last for more than 10 school days, the IEP team must meet to determine whether the behavior resulting in the disciplinary action is a manifestation (or result) of the child's disability. Again, the decision made at this meeting will determine whether or not the child will be suspended or expelled. It is critical that parents attend this meeting and document any disagreements or concerns they have. The IEP team must answer the following questions to determine the relationship between the behavior in question and the child's disability:
Infants and ToddlersWhat about infants and toddlers with disabilities? The IDEA requires states to provide services to children with disabilities who are not yet school age (birth to age 5). As previously noted, the IDEA provides that children ages 3 to 5 who are diagnosed with a developmental delay are eligible for preschool services through the school district. They must have an IEP and are eligible to receive all the same services as school-age children. (See appendix A on page 23 for the definition of developmental disability). The services for children under the age of 3 is provided through the Division of Maternal, Child and Family Health. It is a family centered program which differs from the other parts of the IDEA. This program is described in detail in the following paragraphs. Infants and toddlers under the age of 3 are also eligible for educational services. Under Part C of the IDEA, there is an early intervention program for children under the age of 3 who have disabilities that are likely to result in a developmental delay. These services are usually provided in the child's home by the Infant Learning Program (see Appendix D on page 32 for the Infant Learning Program's address). Early intervention services can include: special instruction, speech and language services, occupational therapy, physical therapy, vision services, transportation, and assistive technology. It can also include services to support the family such as family training and counseling as well as social work services. To be eligible for early intervention services, a child must have a developmental delay or disability, or be at risk of experiencing developmental delay or disability if early intervention services are not provided. ILP services are prioritized based on the severity of the child's developmental delay or disability. A child who has a severe developmental delay or a severe sensory impairment must be offered services without delay if there is an ILP grantee in the region. For a child over one-year of age, a severe delay is defined as a six-month delay in at least two of the developmental areas tested. For children under one-year of age, they need to have a developmental delay which is 50% below the norm in 2 or more areas. Identification and Evaluation in ILP: Parents may refer their child for an evaluation. For service providers who identify a child, the state must provide an effective method to ensure referrals for evaluation are made within two days. A referred child must be evaluated within 45 days by appropriate qualified personnel who are trained to utilize appropriate methods and procedures. The child must be appropriately evaluated in each of the following five developmental areas:
Section 504What if a child doesn't qualify for Special Education under the IDEA? Section 504 of the Rehabilitation Act was passed in 1973. Section 504 is a civil rights law designed to prohibit any recipient of federal funds (including school districts) from discriminating on the basis of disability and ensures that school districts create a set of policies and procedures to enable students with disabilities to receive an appropriate public education. Section 504 can be a powerful tool for parents whose children do not fall into any of the categories listed in the IDEA. Eligibility under Section 504: A child is a "qualified handicapped person" if he/she has a physical or mental impairment that substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. Examples of children who are not IDEA eligible but who will be eligible under Section 504 include a child with epilepsy or AIDS who does not require specially designed instruction, a child with ADD/ADHD, a child with prenatal exposure to alcohol or drugs, or a learning disability not significant enough to require special education. All children eligible under IDEA are also eligible under Section 504 and the ADA. Section 504 requires school districts to seek out and find children with disabilities , evaluate their needs and provide them with an educational plan to meet their needs. The school district is required to gather information from a variety of sources including child's teacher, observation and formal evaluations. These formal evaluations must be designed to assess the specific areas of the child's education needs and not just provide information on their IQ. All evaluations must take into account the child's primary language and ethnic background so that the testing will not be culturally biased. It should also take into account the child's disability and make appropriate accommodations so the results will provide an accurate picture of the child's abilities as well as the areas of need. Section 504 also requires an evaluation before making a significant change in the student's placement. Once all the information has been gathered, a group of people who are knowledgeable about the child will meet to decide if he/she child is eligible under Section 504 and whether accommodations or special education may be necessary. If so, they will create an accommodation plan for the student. (For an example of a 504 Accommodation plan, see page 54.) This plan may include regular education, special education and related services designed to meet the unique needs your child as adequately as the needs of a non-disabled child are met. This also means that all students should have equal access to non-academic and extra curricular activities. Section 504 prohibits schools from segregating students with disabilities in separate classrooms or buildings because of their disabilities. Section 504 requires school districts to educate students with disabilities to the maximum extent possible with non-disabled students unless an appropriate education cannot be satisfactorily achieved using supplementary aids and services. It also requires schools to place students with disabilities in the school that is as close to their home as possible. Although Section 504 does not have regulations that address discipline issues, 504 entitles public school students to discipline protections similar to those under IDEA. Under 504, long-term suspensions of more than 10 days and in some cases, cumulative short-term suspensions exceeding 10 days are a significant change in placement. Before implementing a significant change in placement, the school must conduct a reevaluation, and to determine whether the misbehavior is a manifestation of a disabling condition. If the behavior is related to the disability, the student may not be subjected to a significant change of placement. If the behavior is not related to the disability, the student may be suspended or expelled. When a 504 student has repeated or serious behaviors the school must develop an individual behavioral intervention plan. Return to Top.Dispute ResolutionWhat can be done when parents disagree with their child's school? Parents who disagree with the school district regarding their child's eligibility for special education, evaluations, IEP, placement or discipline have many options for resolving the situation. These include:
Appendix A: IDEA Disability CategoriesFor a child to be eligible for special education under IDEA, they must have one of the following disabilities that adversely affects a their educational performance and requires specially designed instruction. Autism means a child who has a developmental disability that significantly affects verbal and nonverbal communication and social interaction, generally evident before age 3. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. Deaf-blindness means a child who has a combination of hearing and visual impairments that causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or blindness. Deafness means a child who has a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification. Developmental Disability (DD) means a child between the ages of 3 through 8 years old, who has a developmental delay in physical development, cognitive development, communication, social or emotional development or adaptive development. Emotional Disturbance (ED) means a child who has one or more of the following characteristics over a long period of time and to a marked degree: inability to learn that cannot be explained by intellectual, sensory, or health factors; an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; inappropriate types of behavior or feelings under normal circumstances; a general pervasive mood of unhappiness or depression; a tendency to develop physical symptoms or fears associated with personal or school problems. Hearing Impairment means a child who has impairment in hearing, whether permanent or fluctuating which adversely affects their educational performance. Mental Retardation (MR) means a child who has a significantly sub-average general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, Multiple Disabilities means a child who has two or more disabling conditions which in combination causes such severe educational needs that the child requires intensive programming and cannot be accommodated in special education programs solely for one of the impairments. Orthopedic Impairments means a child who has an orthopedic impairment due to congenital anomaly, disease or other causes. Other Health Impairments (OHI) means a child who has a chronic or acute health problems that result in limited strength, vitality or alertness including but not limited to: asthma, ADD/ADHD, diabetes, epilepsy, heart condition, hemophilia, leukemia, nephritis, rheumatic fever, and sickle cell anemia. Specific Learning Disability (SLD/LD) means a child who has a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think, speak, read, write, spell or to do mathematical calculations, including such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Speech or Language Impairment means a child who has a communication disorder such as stuttering, impaired articulation, language impairment, and/or a voice impairment. Traumatic Brain Injury (TBI) means a child who has acquired an injury to the brain caused by an external physical force resulting in total or partial functional disability and/or psychosocial impairment that adversely affects educational performance. This includes a child who has an open or closed head injury that results in an impairment in one or more of the following areas: cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem solving, sensory, perceptual and motor abilities, psychosocial behavior, physical function, information processing, and speech. Visual Impairment means a child who has a visual impairment, which even with correction adversely affects the student's educational performance; includes children who are partially sighted or blind. Return to Top.Appendix B: Acronyms504 Section 504 of the Rehabilitation Act of 1973 ADA Americans with Disabilities Act ADHD/ADD Attention Deficit Disorder/ Attention Deficit Hyperactivity Disorder AT Assistive Technology DEED Department of Education and Early Development DVR Division of Vocational Rehabilitation ED Emotional Disturbance EHA Education for All Handicapped Children Act ESY Extended School Year FAPE Free Appropriate Public Education FBA Functional Behavior Assessment IAES Interim Alternative Educational Setting IDEA Individuals with Disabilities Education Act IEE Independent Education Evaluation IEP Individualized Education Program IFSP Individual Family Service Plan ILP Infant Learning Program LD/SLD Learning Disability/Specific Learning Disability LRE Least Restrictive Environment MD Multiple Disabilities MDT Multi-Disciplinary Team MR Mental Retardation OCR Office for Civil Rights OHI Other Health Impairment OI Orthopedic Impairment OT Occupational Therapy P.L. 94-142 The Education of Handicapped Amendments of 1986 PLEP Present Level of Educational Performance PT Physical Therapist SESA Special Education Service Agency SI Speech Impairment SLP Speech and Language Therapist STO Short-Term Objective TBI Traumatic Brain Injury VI Visual Impairment Return to Top.Appendix C: GlossaryAnnual Goals describe what your child can reasonably be expected to accomplish in the next 12 months. Americans with Disabilities Act is a civil rights law passed in 1990 that prohibits schools from discriminating against individuals with disabilities. Assistive Technology (AT) is a device or service used to improve the capabilities of a child with a disability to function in school. Behavior Intervention Plan is a positive behavior intervention plan (also called BIP) created by the IEP team to modify a child's behavior to enable the child to gain educational benefit. Benchmarks, also called short-term objectives, are objective, measurable steps that gauge a child's progress towards achieving their annual goals. Child find is the obligation of the State and Local Education Agencies to "seek out and find" all children with disabilities in their jurisdiction. Department of Education and Early Development is the state agency responsible for ensuring that school districts comply with state and federal regulations. Division of Vocational Rehabilitation is a state agency responsible for providing vocational services to students with disabilities in transition as well as adults with disabilities. Due Process Hearing is a legal proceeding where parents and school districts present their case to an impartial hearing officer. Expulsion is when a child is removed from school for at least one year due to a disciplinary action. Extended School Year is when a child's IEP services are extended beyond the normal school year. Evaluation is when the school district gathers information to determine if your child has a disability that interferes with his learning, if they need specially designed instruction, and to identify their educational needs. Free Appropriate Public Education is education provided to all children with disabilities, which meets their individual needs at no cost to the parents. Functional Behavioral Assessment is when the school district gathers information on a child and their behavior to determine the reason for that behavior. Individualized Education Program is an education plan tailored to meet the needs of your child that lists the special education and related services your child needs to receive an appropriate education. IEP Team is the people who work together to develop the IEP, including the child (if appropriate), the parent, the regular and special education teachers, a school district representative, and evaluators or therapists as appropriate. Independent Education Evaluation is an educational evaluation paid for by the school district conducted by a qualified professional who not employed by the district. Individuals with Disabilities Education Act is a federal law that provides federal funds to states who educate children with disabilities. Individualized Family Service Plan is a service plan of early intervention services tailored to meet the needs of a child with a disability under the age of 3. Infant Learning Program is a state agency that provides early intervention services to children with disabilities under the age of 3. Initial Evaluation is when a child is first evaluated to see if they have a disability that is interfering with their learning and needs specially designed instruction. Interim Alternative Educational Setting is any place where a child who has been involved in a weapon or illegal drug offense receives the educational services listed on his IEP for up to 45 calendar days. Least Restrictive Environment is an IDEA mandate that requires schools to educate students with disabilities to the maximum extent appropriate with non disabled students while appropriately meeting their educational needs. Manifestation Determination is a decision made by the IEP Team as to whether a behavior is related to a child's disability. Mediation is a voluntary process in which parents and school personnel use an impartial mediator to assist in resolving their differences. Office for Civil Rights is the federal agency responsible for ensuring that school districts comply with federal laws regarding discrimination. Placement is the exact classroom your child will be in and who the teacher will be. Positive Behavior Intervention Plan (see Behavior Intervention Plan). Present Level of Performance is a summary of how your child's disability affects his education including the academic areas and non-academic areas. Related Services are support services required to assist a child with a disability to benefit from special education. Section 504 is the section of the Rehabilitation Act 1973 that specifically prohibits discrimination by entities that receive federal funds. 504 Plan is an educational plan tailored to meet the needs of a child with a disability that is eligible under Section 504. "Seek out and find" is a federal mandate for all school districts to locate all children who need special education and related services. Short-Term Objectives, also called benchmarks, are objective, measurable steps that gauge a child's progress towards achieving their annual goals. Special Education is specially designed instruction that meets the unique needs of a child with a disability. It is not a specific program or classroom. Special Education Service Agency (SESA) is a state agency that provides trained staff who travel around Alaska to provide assistance to students in special education and their teachers. Stay Put is the educational placement a child is in when the parents file for a due process hearing or file a case in court. Typically, it is the last agreed upon placement unless the parties agree to an interim placement. The child must remain in this placement until the hearing issue is resolved. Supplementary aids and services means aids, services, and other supports provided in education related settings (including regular education classes) to enable children with disabilities to be educated with non-disabled children to the maximum extent appropriate. Supported Employment is employment for people with disabilities in the community which requires support services for them to be successful. Suspension is when a child is removed from school for a specific number of days due to a disciplinary action. Transition Services are a set of coordinated activities that address a child's transition out of school and into the adult world beginning at age 14. Transportation includes transportation to and from school, in and around school buildings, between schools, or any equipment needed to provide this transportation. Vocational Education can be both vocational instruction and actual employment experiences that prepare a child with a disability to become employed in the community. Return to Top.Appendix D: State Resources/WebsitesThere are many resources and websites with disability information and special education. This is a small list to get you started. For information on specific disabilities contact the Special Education Service Agency (SESA) and PARENTS, Inc. Access AlaskaThis statewide program assists Alaskans with disabilities to live independently in the community of their choice. Website provides information on disability issues, Access Alaska services, the Alaska Resource Manual, the ADA Partner's Project and links to other sites. 121 W. Fireweed Lane Suite 105 Anchorage, Alaska 99503 (907) 248-4777 (800) 770-4488 (in state only) 3550 Airport Way, Suite 3 Fairbanks, Alaska 99709-4772 (907) 479-7940 Website: www.accessalaska.org Alaska Transition Initiative A federal project whose purpose is to improve programs that assist students with disabilities as they transition from school to the community. This excellent website provides detailed information in transition and special education as well as great links to other websites. 1016 W. 6th Ave., Suite 205 Anchorage, Alaska 99501 (907) 269-3572 Website: www.sesa.org/ati Alaska Youth Initiative (AYI) A state program that provides support and services to children with severe emotional disabilities to keep them in their home communities. It is a coalition of the Department of Education, the Department of Health and Social Services, and the Department of Family and Youth Services. AYI Division of Mental Health and Developmental Disabilities PO Box 110620 Juneau, Alaska 99811 (907) 465-3370 (800) 465-4828 Voice (907) 465-2225 TTY (907) 465-2668 Fax Website: www.hss.state.ak.us/dmhdd Alaska Department of Education and Early Development (DEED) The Alaska Department of Education and Early Development is responsible for all special education programs in the state. Website provides general information, names/addresses of Special Education Directors in Alaska, the Special Education Handbook, and links to other websites. Special Education Programs 801 West 10th Street, Suite 200 Juneau, Alaska 99801-1894 (907) 465-8693 (907) 465-2806 Website: www.educ.state.ak.us/tls/sped/home.html Assistive Technologies of Alaska ATA is an agency under DVR that provides information, referrals on assistive, technology, training and systems advocacy. Website provides information on ATA, Abledata link and links to other AT sites. 1016 W. 6th Ave., Suite 205 Anchorage, AK 99501-1963 (907) 269-3570Voice/TDD (800) 478-4378 (in state only) Website: www.corecom.net/ATA/index.html Assistive Technology Library of Alaska (ATLA) A state agency that provides assistive technology information and evaluation as well as equipment rental and purchase. Website provides information about ATLA and various assistive technology options available at ATLA. 2217 E. Tudor Rd., Suite 4 Anchorage, Alaska 99507 (907) 563-2599 (800) 723-2852 (in state only) (907) 563-0699 Fax Website: www.atlaak.com Governor's Council on Disabilities and Special Education A state council whose purpose is to improve the independence, productivity and inclusion into the community for people with developmental disabilities. Website provides information of the council, a list of publications including Where to Turn, a guide to resources and agencies in Alaska. PO Box 240249 Anchorage, Alaska 99524-0249 (907) 269-8990 Voice/TDD Website: www.hss.state.ak.us/gcdse Maternal, Child and Family Health-Infant Learning Programs A state program that provides early intervention services for children with disabilities under age 3. Contact the following address for the Infant Learning Program nearest you. State of Alaska Department of Health & Social Services Section of Maternal, Child and Family Health PO Box 240249 Anchorage, Alaska 99524-0249 PARENTS, Inc. A parent training and information center (PTIC) run by parents of children with disabilities. The PTIC receives federal funding to help parents understand the provisions of the Individuals with Disabilities Education Act and to become effective advocates for their child with a disability. They also provide information and referrals and maintain a parent network throughout the state. PARENTS also plans the annual Pathways Conference. Website provides a database of library information and extensive links to other Alaskan and national websites. 4743 E. Northern Lights Blvd. Anchorage, Alaska 99508 (907) 337-7678 (800) 478-7678 Website: www.parentsinc.org Special Education Parent Resource Center Anchorage School District A local program supported by the Anchorage School District that provides parent advocacy and training as well as information and referral. PO Box 196614 Anchorage, Alaska 99519-6614 (907) 742-1520 Email: ross_brenda@msmail.asd.k12.ak.us Special Education Service Agency (SESA) A state agency that provides trained staff who travel around Alaska to provide assistance to students in special education and their teachers. Website includes general information, a lending library, conference information, FAS website, and links to other disability and special education websites. 2217 E. Tudor Road, Suite 1 Anchorage, Alaska 99507 (907) 562-7372 Voice (970) 563-8284 TDD Website: www.sesa.org Universal Community Access Network for Alaska A comprehensive information and referral system incorporating over 1400 Alaskan programs, agencies, and nonprofits. (800) 478-2221 Website: www.ak.org/ Center for Human Development, University Center for Excellence on Developmental Disabilities, Research and Services A federally funded program that assists communities to respond to the needs of people with developmental disabilities through training for professionals, creation of exemplary service programs, technical assistance, and applied research. Website offers information and links to other disability websites. 2210 Arca Drive Anchorage, Alaska 99508 (907) 272-8270 (800) 243-2199 Website: www.alaskachd.org Return to Top. Appendix E: National Resources/WebsitesThere are excessive numbers of resources and websites on special education and disability issues. This is a small sampling to get you started. For information on specific disabilities, contact the Bazelon Center for Mental Health Law or the National Information Center for Children and Youth with Disabilities (NICHCY). Bazelon Center for Mental Health LawA national nonprofit legal advocacy organization that provides information, public education and systems advocacy for people with mental disorders. Website provides extensive information on disability issues and links to other disability sites. 1101 15th St. NW, Suite 1212 Washington DC 20005-5002 (202) 467-5730 Voice (202) 467-4232 TDD Website: www.bazelon.org Clearinghouse on Disability Information Office of Special Education and Rehabilitative Services (OSERS) Room 3132, Switzer Building 330 C Street, SW Washington, DC 20202-2524 (202) 205-8241 Voice Council of Parents Attorneys and Advocates (COPAA) 1321 Pennsylvania Ave. SE Washington, D.C. 20003-3027 (202) 544-2210 Website: www.copaa.net EDLAW, Inc. A nonprofit organization that provides legal information on special education. Website offers a national list of attorneys who represent parents of children with disabilities as well as direct links to regulations and other special education sites. Website: www.edlaw.net Educational Resources Information Center (ERIC) A national information system that gathers and disseminates information and resources on the education and development of individuals with disabilities. Website provides a huge database of information which uses a search engine. You must be specific in your search queries. 2277 Research Blvd. MS 6M Rockville, MD 20850 (800) 538-3742 Website: www.eric.ed.gov Family Village Website offers information on disabilities and numerous resources as well as links to many websites including to the actual IDEA regulations. Website: http://www.familyvillage.wisc.edu/ Heath Resource Center The National Clearinghouse on Postsecondary Education for Individuals with Disabilities A national agency that provides information on post-secondary education and transition information for individuals with disabilities. George Washington University Heath Resource Center 2121 K Street, NW, Suite 220 Washington, DC 20037 (202) 973-0904 Voice/TTY (800) 544-3284 Website: www.heath.gwu.edu National Information Center for Children and Youth with Disabilities (NICHCY) A national information and referral center that provides information on disabilities and education issues as well as referrals across the country. An excellent website offering extensive information on disabilities and special education as well as numerous links to other disability websites. NICHCY PO Box 1492 Washington, DC 20013 1(800) 695-0285 Voice/ TTY Website: www.nichcy.org Office for Civil Rights A federal agency that investigates complaints of discrimination against individuals with disabilities. Office for Civil Rights, Region X U.S. Department of Education 915 Second Avenue, Room 3310 Seattle, Washington 98174-1099 (206) 220-7900 (206) 220-7907 TDD Website: www.ed.gov/offices/OCR Reed Martin, J. D. Special Education Law A nationally renowned attorney who has represented parents of children with disabilities for more than 28 years in special education cases. His website provides special education information and publications for sale. Website: www.reedmartin.com Special Education Resources on the Internet Links to information resources on the internet-related to special education. Website: www.seriwed.com TASH A national organization that advocates for the inclusion of all people in society by providing information, training, public education and litigation. Website provides information on disability issues, government issues, and links to other sites. 29 W. Susquehanna Ave., Suite 210 Baltimore, MD 21204 (410) 828-8274 Voice (410) 828-1306 TDD Website: www.tash.org Wrightslaw Pete Wright is an attorney in private practice that experiences a learning disability and represents parents in special education matters. He and his wife Pam have a website that has useful articles and information for parents. Mr. Wright also wrote the book, "Wrightslaw: Special Education Law." This book contains all the statutes and regulations regarding special education as well as his comments. Website: www.wrightslaw.com Return to Top. Appendix F: Sample LettersSample Letter #1: Request for Evaluation You might want to request an evaluation if you notice your child is having problems in school that affect his learning, such as difficulty with: language, following directions, writing, math, reasoning abilities, organizational skills, maintaining relationships with peers, sustaining attention, following multi-step instructions, reading comprehension, fine or gross motor tasks, etc. You should make your request in writing. Be sure to keep a copy of this letter, making note of who received it and the date. Date Principal's NameName of the Child's School School's Address Dear (Principal's Name), I am the parent of (your child's full name) who is a student in (teacher's name)'s (grade level) class. (His/Her) date of birth is (child's birth date). I have concerns about (your child's first name)'s progress in the (grade level). I am writing to request an evaluation under the IDEA and Section 504 to determine what special education and related services (your child's first name) may need for (him/her) to be successful in school. (Your child's first name) is having problems in the following areas: (List the things that concern you about your child's progress in school or areas where your child's disability affects his ability to function in a school setting.) I give consent for (your child's first name) to be evaluated in the above areas. I would like the evaluation process to begin as soon as possible. I understand that you have 45 school days to complete the evaluation, determine eligibility, develop an IEP and begin services process after I give my consent. I understand we must have a meeting to discuss details of the evaluation, so please let me know by (specify the date one week from the date of this letter) when the meeting will be held. If you decide an evaluation is not warranted, federal regulations require you provide me with a written notice stating the reason for your denial and what rights I have to appeal this decision. Should you have any questions or problems, please contact me at (your daytime phone number and address). Sincerely, (Your full name) Sample Letter #2: Request for Proper Notice Written notice is required by the school district anytime they propose (or refuse) to identify, evaluate, change the placement or any other element of providing your child an education. This notice must be in language you can understand and must contain: 1) a description of the action being proposed (or refused), 2) an explanation of why the school district is taking this action, 3) a description of other options the school district considered and 4) why they did not choose those options, 5) what evaluation or information the school district used as a basis for their decision, 6) an explanation of your rights and procedural safeguards, 7) information about other agencies that you can contact for help, information on the options available in the school district for resolving your differences, and any other relevant factors. You should review your notice for each of the above elements. If you do not receive a notice or your notice does not contain all the elements, write a letter to your school and let them know. Be sure to keep a copy of this letter, making note of who received it and the date. Date Principal's Name Name of the Child's School School's Address Dear (Principal's Name), I am the parent of (your child's full name) who is a student in (teacher's name)'s (grade level) class. (His/Her) date of birth is (child's birth date). On (date), I asked the school to (describe your request to the school). On (date), I learned the school decided to (list the school's action). I am requesting Prior Written Notice explaining why the school has decided to (list the school's action). I understand this Prior Written Notice must contain the action the district is taking, why the district decided to take this action, other options considered and rejected, all records the district used reaching this decision, any other factors relevant to this decision as well as information on parental procedural safeguards and who to contact regarding parental rights. Please provide me with written notice no later than (one week from the date of this letter). Should you have any questions or problems, please contact me at (your daytime phone number and address). Sincerely, (Your full name) Sample Letter #3: Request for Records You should request records if you are preparing for an IEP meeting, your family is moving to a new school, you are taking your child for an independent evaluation, your child recently had a new evaluation, your child's doctor has requested past records, your child is finishing school or any other reason. You should review your child's records at least once a year because schools often destroy records each year. Make copies of any documents you feel are important. Date Principal's Name Name of the Child's School School's Address Dear (Principal's Name), I am the parent of (your child's full name) who is a student in (teacher's name)'s (grade level) class. (His/Her) date of birth is (child's birth date). I am requesting a time to review the following records in (child's name) file: (List the specific records you wish to review or request to see your child's cumulative file.) I will need copies of (list the records you want copies of.) Please let me know by (specify the date one week from the date of this letter) when I can review these records. It is my understanding the school is required to inform me of what records are kept on my child and where the records are located. I would appreciate it if all my child's records are available at the same location for my review. Should you have any questions or problems, please contact me at (your daytime phone number and address). Sincerely, (Your full name) Sample Letter #4: Request for a Reevaluation You should request a reevaluation when you feel your child's disability may have changed significantly, your child is having difficulties accomplishing the goals and objectives on his IEP, your child is having behavior problems at school or you think your child has areas of disabilities that have not been identified, if there has been a change in your child's medication, or any other reason you feel your child needs to be evaluated. Be sure to keep a copy of this letter, making note of who received it and the date. Date Principal's Name Name of the Child's School School's Address Dear (Principal's Name), I am the parent of (your child's full name) who is a student in (teacher's name)'s (grade level) class. (His/Her) date of birth is (child's birth date). I am concerned about (your child's first name)'s progress in (his/her) current program. I am writing to request a reevaluation to determine what changes need to be made in (your child's first name)'s IEP for (him/her) to be successful in school. I feel that the following areas need to be evaluated: (List the things that are concerning you about your child's IEP or the areas that need additional evaluation.) Please provide me with written notice by (specify the date one week from the date of this letter) when this reevaluation will be scheduled. Should you have any questions or problems, please contact me at (your daytime phone number and address). Sincerely, (Your full name) Sample Letter #5: Request for an Independent Evaluation You might request an independent educational evaluation (IEE) when you feel the school district's evaluation was incorrect, not done in your child's native language, did not address areas of need related to your child's disability, not done with the proper accommodations for your child, or any other reason you are not happy with the school's evaluation. Be sure to keep a copy of this letter, making note of who received it and the date. Date Principal's Name Name of the Child's School School's Address Dear (Principal's Name), I am the parent of (your child's full name) who is a student at (Name of your child's school). (His/Her) date of birth is (child's birth date). (Your child's first name) was recently given an educational evaluation. I disagree with the results of this evaluation and I am requesting an independent educational evaluation at the expense of the school district. I understand that the school district must pay for an independent evaluation or file for a due process hearing. I would like to have an independent evaluation done as soon as possible. Please provide me with written notice by (specify the date one week from the date of your letter) as to how to arrange for an independent evaluation. I would also like a copy of the school district's procedures regarding independent evaluations and a list of independent evaluators. If you have any questions or problems, please contact me at (your daytime phone number and address). Sincerely, (Your full name) Sample Letter #6: Request for an IEP meeting You can request an new IEP meeting any time you feel it is necessary such as when: your child has completed several goals or objectives, your child does not seem to be making any progress toward goals, you think your child needs additional services to benefit from the IEP, behavior needs to be addressed on IEP, your child's disability has changed significantly, or any other reason you feel your child's IEP needs to be changed. Be sure to keep a copy of this letter, making note of who received it and the date. Date Principal's Name Name of the Child's School School's Address Dear (Principal's Name), I am the parent of (your child's full name) who is a student in (teacher's name)'s (grade level) class. (His/Her) date of birth is (child's birth date). I am requesting a meeting to review (Name of your child)'s IEP. I am concerned about (your child's first name) 's progress in his/her current IEP. I would like the following areas to be addressed at this meeting: (List the things that concern you about your child's IEP such as: goals not being met, services not being provided or specific changes you want to make to the IEP.) I am requesting that (name of school district staff or specialist) attend this IEP meeting. I feel their input about the above changes to (name of child)'s IEP will be important. I have invited (name of people you invited). I can meet with you on (days) between (give a range of times such as between 3:00 and 5:00). Please provide me with written notice by (specify the date one week from the date of your letter) when an IEP meeting has been scheduled. Should you have any questions or problems, please contact me at (your daytime phone number and address). Sincerely, (Your full name) Sample Letter #7: Disagreement Letter You should send a letter to the Director of Special Education if you have tried to resolve your differences in a meeting with the principal and special education staff. You can find the names and addresses of all the Directors of Special Education by contacting the Department of Education and Early Development (DEED) (see Appendix D, page 31). Try to keep your letter short and to the point while including all the facts. Be sure to send a copy of this letter to the principal of your child's school. Remember to keep a copy of this letter, making note of who received it and the date. It would be helpful to read Pete Wright's article on letter writing. This can be obtained by calling the Disability Law Center or downloaded from his website www.wrightslaw.com. Date Director of Special Education's Name (e.g., Art Arnold) Director of Special Education Director's Address Dear (name of Director of Special Education), I am the parent of (your child's full name) who is a student in (Teacher's name)'s (grade level) class in (name of your child's school). (His/Her) date of birth is (child's birth date). I have met with (names of school district personnel involved in your meeting) in an effort to resolve our differences regarding (your child's first name)'s (give a brief statement of the problem regarding your child's IEP, placement, evaluation, disciplinary action, etc.) I would like to set up a meeting with you to resolve these differences. I can meet with you on (days) between (give a range of times such as between 3:00 and 5:00). Please let me know by (specify the date one week from the date of your letter) when a meeting can be scheduled. Should you have any questions or problems, please contact me at (your daytime phone number and address). Sincerely, (Your full name) cc: (your school's Principal) Sample Letter #8: DEED Complaint You should file a complaint with the Department of Education and Early Development (DEED) when you have been unable to resolve a dispute regarding your child's rights with your school principal and the Director of Special Education. DEED complaints generally involve IEP services not being provided, systemic issues, the school district's failure to provide proper notice or records, or any other violation of your child's rights. Try to keep your letter short and to the point while including all the facts. Be sure to send a copy of this letter to the principal of your child's school and the Director of Special Education. Remember to keep a copy of this letter, making note of who received it and the date. Date State Director of Education's Name Department of Education and Early Development Special Education Programs 801 West 10th Street, Suite 200 Juneau, Alaska 99801-1894 Dear (State Director of Education's Name), I am the parent of (your child's full name) who is a student in (Teacher's name)'s (grade level) class in (name of your child's school) in (your school district's name). (His/Her) date of birth is (child's birth date). I propose the following solution to this problem (give a brief description of your solution to the problem.) I am requesting an investigation by the State Department of Education. I have met with (names of school district personnel involved in your meetings and the dates of the meetings) in an effort to resolve our differences regarding (your child's first name)'s (give a brief statement of the problem regarding your child's IEP, placement, evaluation, disciplinary action, etc.) I understand that an independent investigator will contact me to gather additional information in the near future and the Department of Education will send me a written decision within 60 days of this request. Should you have any questions or problems, please contact me at (your daytime phone number and address). Sincerely, (Your full name) cc: (your School Principal's Name) cc: (the Director of Special Education's Name) Sample Letter #9: OCR Complaint Form The Office for Civil Rights only accepts complaints regarding discrimination against your child because of their disability. Some examples of discrimination are when your school is not accessible (inside or out), your child is excluded from academic or extra curricular activities because of their disability, your child's school day is shortened due to transportation issues, your child is segregated because of his disability, your child's placement is based on his disability and not on individual needs, the school requires you to attend field trips with your child because of their disability, or any other form of discrimination. It is a good idea to try to resolve these complaints with your school's principal and the Director of Special Education before filing a complaint with the Office for Civil Rights. Remember to keep a copy of your complaint. Regional Civil Rights Director Office for Civil Rights, Region X U.S. Department of Education 915 Second Avenue, Room 3310 Seattle, Washington 98174-1099 The Department of Education Office of Civil Rights Discrimination Complaint Form can be found online at www.ed.gov/offices/OCR/complaintintro.html Sample Letter #10: Request for a Due Process Hearing You may request a due process hearing over issues regarding identification, evaluation, a change in your child's IEP or placement. Here are things to consider before filing for a due process hearing:
Name of Director of Special Education School District's Address Dear (Director of Special Education), I am the parent of (your child's full name and address) who is a student in (Teacher's name)'s (grade level) class at (name of school). (His/Her) date of birth is (child's birth date). I have met with (names of school district personnel involved in your meeting) in an effort to resolve our differences regarding (your child's first name)'s program. We continue to have a disagreement over (give a brief description of the problem including facts relating to the problem). I propose the following solution to the problem: (specify solution). I am requesting a Due Process Hearing with an impartial hearing officer, as I have been unable to resolve these differences. Please advise me as soon as possible as to the names of the proposed hearing officer. I understand that the hearing decision must be made in writing within 45 days. Should you have any questions or problems, please contact me at (your daytime phone number and address). Sincerely, (Your full name) cc: (principal) Return to Top. Appendix G: Helpful Hints for ParentsHelpful Hint #1: Begin Record Keeping Now It is important to keep a file of all your child's records regarding his disability and educational history. You should keep copies of any correspondence you have with your child's school. Always keep copies of information you give the school district and never give anyone your original papers. If you are told that the school district will do something for your child, request that they put it in writing. In your child's file keep the following:
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