What every parent should know
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How do I know if my child will qualify for an IEP?
If your child is struggling in school and you believe that they would benefit from extra help, it would be in your child's best interest for you to take immediate action. The sooner you get your child the targeted services they need, the more likely they are to succeed. Many parents fear the stigma attached to a child labled with a disability and often avoid getting help. What parents need to know is that they are not alone - it is estimated that over 2.5 million children receive special services in schools across the country, and those that do, have a much better chance at success in school and in life.
As a parent, your first step is to contact the teacher and ask for your child to be evaluated. If the teacher does not agree, you may need to speak with the school counselor or special education department. No one knows your child better than you, and if you believe your child does have learning difficulties, don't give in. Often times, parents need to fight for what they believe their child needs.
What are the steps in qualifying my child for special education and services?
While there are many details to the process of determining if your child qualifies for special education and services as defined by IDEA, from a high level perspective, there are 10 steps in the process:
For more information about this process and the details associated with it, please feel free to contact us.
1. Your child is identified as possibly needing special education and related services by the referral of a parent or by the school
2. Your child is evaluated by the school in in all areas related to the child’s suspected disability
3. Eligibility is decided by a group of qualified professionals and the parents look at the child’s evaluation results
4. If the child is found to be a child with a disability, as defined by IDEA, they are eligible for special education and related services.
5. An IEP meeting is scheduled
6. The IEP meeting is held and the IEP is written
7. After the IEP is written, services are provided to the child
8. Progress is measured and reported to the parents
9. The IEP is reviewed on an annual basis
10. At least every 3 years, the child must be reevaluated
The school is denying my child services, what can I do?
Services provided through your child's IEP are based on your child’s evaluation results, teacher input, test results and medical data. If you believe the school is not providing a necessary service, you can continue negotiations with the IEP team for as long as deemed necessary. Negotiations generally start at the school level. If services cannot be agreed on, negotiations progress to the district level. Mediation is usually the next step with the final step resulting in a due process hearing. Typically, negotiations are resolved before they reach due process. While we assert that it's always best to collaborate with your school whenever the opportunity presents itself, however the experts at Louisin Child Advocacy can always help you during any of these steps.
One thing parents need to know is that public schools are required by law to provide a free, appropriate education. Unfortunately this does not mean the best education possible. Because of what the school is obligated to provide your child, during negotiations it's important that you understand your posture should be for what is appropriate for your child, not always what is the best.
My child has been expelled from school and has an IEP. Can you help us?
If your child is up for expulsion and has an active IEP, a manifestation determination IEP meeting must be held in order to determine if the violation was a direct result of your child's disability. If the IEP team determines that the violation was caused by the student’s disability, your child cannot be expelled. However, if the IEP team decides that the infraction was not related to the disability, the expulsion can proceed. Also, if your child possesses, uses or sells drugs on school property or brings a weapon on school property, they can be expelled regardless of their disability. Remember that being expelled means your child has been removed from the school district. It does not mean that your child no longer attends school. Usually, children who have been expelled receive their education at an alternative site provided by the County's Department of Education.
Can my child qualify for an IEP or 504 Plan in the middle of the school year?
Again, if your child is struggling in school and you believe that they would benefit from extra help, it would be in your child's best interest for you to take immediate action. The sooner you get your child the targeted services they need, the more likely they are to succeed.
My child isn't progressing in school with their current IEP, can we amend our child's IEP?
Your child's IEP is a working document and can be amended at any time. Your child has an assigned case worker in the school they are attending who is responsible for the IEP implementation. If you feel the IEP needs to be amended, you can ask the case worker for an IEP meeting so that concerns can be addressed. If needed, new goals and services can be discussed and the IEP can be amended to include any agreed upon changes and modifications that will best help your child.
Which school will yield the best outcome for my child, public or private?
While this seems like a fairly easy question, the answer can be quite complex.
Children who attend public schools are entitled to a free appropriate education and an IEP. In addition, they receive funding from the federal government. Private schools do not receive this funding and are not required to provide a free appropriate education or an IEP. They are not required to provide special education services to children with disabilities.
Private schools are bound by Section 504 and cannot discriminate against a child with a disability for reasons related to the disability and might be responsible for providing modifications, accommodations, and access to educational opportunities (such as a ramp for a child in a wheelchair).
What is the difference between and IEP and a 504 Plan?
An IEP is an Individual Educational Plan that is written when a child qualifies for special education. There are 13 qualifying conditions of special education including autism, specific learning disability, intellectual disabilities and speech disorders.
A 504 plan is an educational plan that is written for a student who needs modifications or accommodations within the regular classroom environment. This usually pertains to students who have ADHD, psychological disorders, medical conditions and physical disabilities.
The IEP (special education) is governed by IDEA while a 504 Plan is a component of the Civil Rights Act of 1972.
Can I hire Louisin Child Advocacy on a meeting by meeting basis?
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Can Louisin Child Advocacy provide me legal counsel?
No.