Special Ed Laws to Know

First of all, I am not a lawyer. I feel like with the effort I've put in, I should have a degree, but I don't. Anyway, these are the 3 laws that I have found most helpful as I have advocated for Chelsea. Easy answer: Go to wrightslaw.com Pete Wright lives and breathes special ed law as a successful lawyer, and answers every question a special ed parent could possibly ask.

Typically, Chelsea has had good IEP team members (SLP, OT, teacher, APE, etc) who want to help her and I can tell care about her. However, my problem comes when I ask about issues with my daughter's education, and am basically told that I am a parent, not a professional, so leave it to them. Not okay with me.  Also not okay when the district feels like their district policies trump federal law.

1. IDEA Section 1414(d).

This is what you will live by- it lays out all the info you need to know about IEPs. What IEPs are supposed to contain, who is on the team (parents are #1!), the protocol for development of the IEP, attendance, and just about every circumstance that may arise (parent in prison, homeless or foster child, kids transferring school districts, etc)

Here is a link for a pdf of Section 1414 Happy reading!

2. Prior Written Notice!

Do you know that little greyish booklet that looks tedious that your team gives you (or should be giving you) at every IEP meeting? Flip over to Written Prior Notice "330.503" (page 9 of mine). Look at #2.

This means that if you say "I want 90 minutes weekly of 1:1 speech therapy for my child with a K-SLP trained SLP", and they refuse, ask for Prior Written Notice. (My team in the past didn't even know what this was, despite handing me the booklet every meeting!) The team then has to type up a document giving:

a. An explanation of what the LEA proposed or refused to take action

b. A description of each evaluation procedure, assessment, record, or report the LEA used as a basis for refusing/ proposing action

c. A statement that the parent of the disabled student has protection under procedural safeguards in IDEA (they can't come after you for advocating)

d. A description of other options considered by the IEP team

e. A description of other factors that are relevant to the LEA's proposal or refusal

f. Information on how parents can gain more information about understanding the law, resources, etc.

3. Reusch vs. Fountain!!!
 
This was a case in Maryland in 1994 that specified the criteria that qualify a child for ESY (Extended School Year). Wrightslaw has the full case here. In my experience, 100% of the time, district employees will say that the only way to qualify a child for ESY is if they regress over a school break. FALSE!!!! You can actually qualify under any of the following:

a. Regression/ Recoupment (have they regressed?)

b. Degree of Progress (have they made little progress on their IEP this year?)

c. Emerging Skills (if critical life skills are at a breakthrough point, this can qualify your child)

d. Interfering Behaviors (does your child have behaviors that interfered with learning during the school year?)

e. Severity of disability (is your child's disability severe enough to prevent adequate progress during the typical school year? For SATB2 kids, the answer here is yes)

f. Special Circumstances (if your IEP team decides for any reason to qualify your child, then they qualify!)

Also, ESY is supposed to be designed for your child personally, not a one-size-fits-all program (ie- 5 weeks this summer, 3 days a week, 20 minutes group speech, 20 minutes OT, 20 minutes APE, take it or leave it). 

Also, my district kept telling me that Chelsea would only be able to pick two goals to maintain, not even make progress on. Utterly useless. For me, I usually make them write down that Chelsea qualifies to keep for her records, but then only accept 1:1 speech, OT, and PT, then drive her myself.