Special education means specially designed individualized or group instruction or special services or programs to meet the unique needs of students with disabilities. Special education services and programs are provided at no cost to the parent.
Children with disabilities age three years and above are required by federal law, Individuals with Disabilities Education Act a/k/a IDEA, to receive special education and/or related services provided through their local school district.
Contact the school building your child would usually attend to get the name of the person in charge of Special Education in your local school district.
The initial request for an evaluation and/or special education for your child must be made in writing. Additional people who may make a referral include doctors, judicial officers (such as family court judge or a probation officer), or a designated person in a public agency.
In addition, a referral may also be made from someone from an Early Childhood Direction Center (ECDC) or Early Intervention Program that services children from birth to age three. A student over 18 and younger than 21 who is an emancipated minor may refer himself.
For more information regarding the special education process contact your State Department of Education.
In New York State contact:
New York State Education Department
Special Education Quality Assurance
One Commerce Plaza, Room 1623
Albany, NY 12234
(518) 486-6366
(518) 486-7693 (fax)
Still Separate and Unequal
The Education of Children with Disabilities in New Jersey
The 2004 Report of the New Jersey Council on Developmental Disabilities http://www.njddc.org PDF Format
A published study found that in New Jersey, African-Americans are over represented in special education, are much more likely placed in a most restrictive and segregated settings and are greatly underrepresented in pre-school special education programs.
Parents: Remember, you are your child's best expert and advocate.
Racial inequities pervade special education in U.S. schools today. Minority children-especially African Americans-are far more likely than white children to be designated mentally retarded or emotionally disturbed and therefore in need of special education. Even when appropriately placed in special education classes, minority children often receive poorer services than disabled white children.
This book explores the inequities experienced by minority schoolchildren in special education. These issues are examined as problems in their own right, and as reflections of persistent racial inequities in our system of public education. Racial Inequity in Special Education describes the scope of these problems, and provides a comprehensive review of attempts by legislators, child advocates, and educational and civil rights enforcement agencies to address these complex issues. The authors outline essential areas for further research and dialogue.
An illuminating account of a widespread problem that has received little attention until now, Racial Inequity in Special Education sets the stage for a more fruitful discussion about special education and racial justice-a discussion that aims to advance racial equity in both special and general education.
Losen, D. & Orfield, G. (Eds.) (2002). Racial Inequity in Special Education, Cambridge, MA: Harvard Education Press.
The Committee on Educational Interventions for Children with Autism, National Research Council of the National Academies published a report in 2001, Educating Children with Autism.
Tools to Develop, Implement, and Score a
Behavior Support Plan
This document is 118-pages written by PENT Director Diana Browning Wright, to help those who works with students whose behaviors interfere with learning.
A printed version of these files is published by Resources For Children With Special Needs, Inc.
Resources for Children with Special Needs, Inc.
200 Park Avenue South/Suite 816
New York, NY 10003
Phone: (212) 677-4650
FAX: (212) 254-4070
Email: info@resourcesnyc.org
Schools and Programs for Students with Special Needs
To locate the Special Education Quality Assurance Office in New York nearest you, refer to the VESID (Vocational and Educational Services for Individuals with Disabilities) website at: http://www.vesid.nysed.gov/specialed/quality/qaoffices.htm.
The Individualized Education Plan (IEP) is a written document that outlines a child's education. As the name implies, the educational program should be tailored to the individual student to provide educational benefit. The key word is individual. A program that is appropriate for one child with autism may be inappropriate for another.
The IEP is the cornerstone for the education of a child with a disability. The IEP is a written statement of a child's educational program that identifies the services a child needs so that he or she may grow and learn during the school year. It is a legal document that outlines:
the child's special education plan by defining goals for the school year,
services needed to help the child meet those goals,
a method of evaluating the student's progress.
The objectives, goals and selected services are not just a collection of ideas on how the school may educate a child. The school district must educate your child in accordance with the IEP.
As its name suggests, the Individualized Educational Program should be written to reflect the child's individual and unique needs. Accordingly, no single IEP would be appropriate for all children with autism.
To develop an IEP, the local education agency officials and others involved in the child's educational program meet to discuss education related goals. By law, the following people must be invited to attend the IEP meeting:
One or both of the child's parents
The child's teacher or prospective teacher
A representative of the public agency (local education agency), other than the child's teacher, who is qualified to provide or supervise the provision of special education
The child, if appropriate
Other individuals at the discretion of the parent or agency (such as a physician, advocate, or neighbor)
With the 1997 Reauthorization of IDEA (P.L. 105-17), parents now must be included as "members of any group that makes decisions on the educational placement of the child." IEP meetings must be held at least annually, but may be held more often if needed. Parents may request a review or revision of the IEP at any time. While teachers and school personnel may come prepared for the meeting with an outline of goals and objectives, the IEP is not complete until it has been thoroughly discussed and all parties agree to the written document.
Parents are entitled to participate in the IEP meeting as equal participants with suggestions and opinions regarding their child's education. They may bring a list of suggested goals and objectives, as well as additional information that may be pertinent, to the IEP meeting.
The local education agency (LEA) must attempt to schedule the IEP meeting at a time and place agreeable to both school staff and parents. School districts must notify parents in a timely manner so that they will have an opportunity to attend. The notification must indicate the purpose of the meeting (i.e. to discuss transition services, behavior problems interfering with learning, academic growth).
Parents may encounter stipulations presented by school personnel that may not necessarily be supported by the provisions of the IDEA. Some statements have included:
"IEPs must be a predetermined number of pages."
"IEPs are to be completed without parental input and only a certain number of goals and objectives are allowed on the IEP."
"If your objective doesn't fit into the field length on our computer program, it can't be included."
There is nothing in the federal law that supports these type of statements or stipulations. While parents should not accept misinformation concerning the IEP, you don't need to approach the parent/school relationship in an adversarial manner. It is in everyone's best interest to remember that both parents and teachers share a common goal: to develop a program that will be appropriate for the child with autism. By sharing information and knowledge, parents and schools can collaborate to develop a truly effective IEP.
After an evaluation has been done, the IEP meeting will be scheduled. As noted earlier, you are entitled under law to attend and participate in this meeting, and you must be given ample notification of the time and place. You should also request a copy of the evaluation that was done prior to the meeting so you have time to review it.
The Families and Advocates Partnership for Education, FAPE, suggests considering the following:
What is your vision for your child - for the future as well as the next school year?
What you are child's strengths, needs and interests?
What are your major concerns about his or her education?
In your child's education thus far, what has - and has not -worked?
Does the evaluation fit with what you know about your child?
While the IEP meeting is a time to develop the educational plan for your child, it is also an opportunity for you to shared information about your child, your expectations and what techniques have worked at home. If for some reason you do not agree with the proposed IEP, you do have recourse. See the section, "What If You and the School Don't Agree?"
Content of the IEP
The IEP should address all areas in which a child needs educational assistance. This can include academic and non-academic goals, if the services to be provided will result in educational benefit for the child. All areas of projected need, such as social skills, functional skills (dressing, crossing the street to walk to the school bus safely), related services (occupational therapy, speech therapy, physical therapy), can be included in the IEP.
The IEP should list the setting in which the services will be provided and the professionals who will provide the service. Content of an IEP must include the following:
A statement of the child's present level of educational performance. This should include both academic and non-academic aspects of his/her performance.
A statement of annual goals that the student may reasonably accomplish in the next 12 months. This statement should also include a series of measurable, intermediate objectives for each goal. This will help both the parents and educators know whether the child is progressing and benefiting from his/her education. The development of specific, well-defined goals and objectives is crucial to your child receiving an appropriate education.
Appropriate objective criteria, evaluation procedures and schedules for determining, at least annually, whether the child is achieving the short-term objectives set out in the IEP. (For example, "How are we judging whether intervention is successful?" "How long will my child be in this program?")
A description of all specific special education and related services, including individualized instruction and related supports and services, to be provided (e.g. occupational therapy, physical therapy, speech therapy, transportation, recreation). This includes the extent to which the child will participate in regular educational programs.
The initiation date and duration of each of the services, as determined above, to be provided (this can include extended School Year services). You may include the person who will be responsible for implementing each service.
If your child is 16 years old or older, the IEP must include a description of transitional services (coordinated set of activities designed to assist the student in movement from school to post-school activities).
Related Services in the IEP
It is important that a child receive an appropriate education and therefore benefit from that education. Students with disabilities have a right to related services to help them learn and receive the maximum benefit from their educational programs. Related services, according to IDEA, consist of "transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education." These services are to be determined on an individualized basis, not by the disability or category of the disability.
If a child needs any of these "related services" to benefit from his/her education, they must be written into the IEP. Frequency and duration of services, as well as relevant objectives, should be included. Related services as defined by IDEA may include, but are not limited to the following.
Audiology
counseling services
early identification and assessment of disabilities in children
medical services (for diagnostic or evaluation purposes only)
occupational therapy
parent counseling and training
physical therapy
psychological services
recreation
rehabilitation counseling
school health services
social work services
speech pathology
transportation
The regulation does not limit related services to those specifically mentioned above. If a child requires a particular service to benefit from special education and that service is developmental, corrective or supportive, it is also a "related" service and should be provided. It does not have to be expressly listed in the regulation. Examples of these kinds of services may include a full or part-time aide or assistive technology such as a computer.
Teacher/Staff Requirements in the IEP
While the IEP goals and objectives should be child-centered, the document may also contain information regarding teacher/staff training. If the IEP team decides that additional training is required for a student's teacher, this information must be included in the text of the IEP. For example, the team may decide it will be beneficial for a teacher to take an autism course at a local university. Or it may want the school support staff to attend a two-hour seminar on autism. Personnel standards and teacher certification requirements are established by each state. For more information on the state certification requirements in your area, please contact the appropriate state education agency.
An IEP should include goals and objectives specific to each child's unique needs. Goals may be broad, such as "John will increase his verbal communication and comprehension," or specific, such as "This student will learn to interact more with her peers in non-academic settings such as recess and lunch." Educational objectives are tailored to a child's individual needs and based on the long-term goal. They describe the process by which the child may reach the goal and how a child's progress will be monitored.
For example:
GOAL: "Krista will increase her verbal responses to questions during the course of the year."
OBJECTIVE: "Krista will increase her verbal responses by receiving speech therapy from a licensed speech pathologist at least four times a week, in a one-on-one situation, in the resource room. The sessions will last at least 30 minutes. Krista will verbally answer questions with 85 percent accuracy, after receiving both verbal and visual cues. The speech pathologist will send weekly reports, based on record keeping, to Krista's parents as well as her homeroom teacher. This therapy shall begin September 1st and continue until June 3rd, excluding pre-determined school holidays."
The above objective specifically states:
the service to be provided (speech therapy),
the professional who will be providing that service (a licensed speech pathologist),
the setting in which the service will be provided (resource room),
how often the service will be provided (four times a week), and
the length of the service (30 minutes/session from September 1st through June 3rd).
The evaluation component of the objective addresses the question "How will we know whether Krista is making progress?" In this case, the speech pathologist will determine whether Krista is meeting the goal of 85 percent accuracy and send reports to her homeroom teacher and family each week. Other evaluation methods include test-taking, videotaping, peer reports, daily logs, checklists, computer printouts, and worksheets.
The above information is only one example of an objective to meet the goal of increasing verbal responses. Goals can have more than one objective. Parents may wish to review with school staff the curriculum and methods used for their child's education. Use this information as a springboard for discussion among IEP team members.
Within the law, there are specific procedural safeguards to protect your child's rights. If you and the school disagree on the placement, educational program or other areas surrounding your child's education, you may want to utilize one or more of the following approaches:
Discussion or conference with school staff. Staff may include the teachers, counselors or principal.
An IEP review. You may request an IEP review at any time.
Negotiation or mediation. Mediation is a voluntary process as described in IDEA in which a neutral third person (mediator) assists parties (parents and the school) to work together to resolve their dispute. All states must have a mediation process established that meets the requirements of IDEA, including maintaining a list of qualified mediators and bearing the cost of the mediation process. Neither party may be required to use mediation. The mediator cannot force either party to accept a resolution to the dispute. If a mutually satisfactory agreement is reached on some or all of the issues, a written agreement is set forth. Discussions that occur in mediation are confidential and may not be used as evidence in subsequent proceedings. Mediation must be available as a dispute resolution option, but may not be used to deny or delay the parental right to a due process hearing.
Due Process Hearing. You may request a due process hearing if you do not agree with your child's identification, evaluation, or educational placement. This is a legal proceeding, and you should obtain legal advice.
Complaint resolution procedures. Any individual or organization may file a complaint alleging that the local educational agency has violated a requirement of IDEA. The complaint must be written and signed; it must cite the specific IDEA requirement that was violated and the facts upon which the allegation is made. The state educational agency must resolve the issues of the complaint within 60 calendar days after it is filed.
Many parents seek out assistance from education advocates or disability advocates. Each state has a federally funded Parent Training Information Center (PTI) that provides information and assistance to parents facing the educational process.
After The IEP Is Completed
Once the IEP is completed, ongoing communication between school and parents is essential to a child's success. The family and the school need to work together for the child to receive maximum benefit. The IEP is a working document that can change. It should represent a program flexible enough to respond to the changing needs and skills of the person with autism. The IEP team can meet to discuss changes or additions to a child's plan at any time. The child's parents or school representatives may request a meeting when either party feels the IEP needs to be adjusted to a child's current needs.
Support Agencies
To help you better understand your child's rights under federal law, and more effectively communicate with professionals regarding your child's education, the federal government has established Parent Training Information Centers (PTIs). PTIs are designed to teach parents basic advocacy techniques and encourage parents to become full participants in their child's education. Sometimes administered through other disability organizations such as Easter Seals or the ARC, these organizations can help parents gain confidence in advocating for their children's rights.
Every state also has a Protection and Advocacy Agency. Originally these agencies were set up to protect individuals with disabilities from abuse and neglect; however, their scope is much broader now, and in many of the agencies, their advocacy centers around helping families obtain a free, appropriate, public education for their children. State Protection and Advocacy Agencies offer training, case management, and legal counsel in many instances.
The U.S. Department of Education's Office of Special Education Programs (OSEP) can also be a resource of information on education rights. If you have a question regarding IDEA and can't seem to get an answer in your state, you may write OSEP for clarification of the law. Contact OSEP directly at the Office of Special Education Programs, U.S. Department of Education, 400 Maryland Avenue SW, Mail Stop 2651, Washington, DC 20202, 202-205-5507.
To understand your child's rights in America's public schools, it helps to start with one of the primary laws governing the education of children with disabilities: the Individuals with Disabilities Education Act (P.L. 101-476). IDEA is a federal law that guarantees a free and appropriate public education for every child with a disability. This means that if you enroll your child in public school, his education should be at no cost to you (free), and it should be appropriate for his age, ability and developmental level. IDEA is an amended version of the Education for All Handicapped Children Act (P.L. 94-142), passed in 1975. In 1997, IDEA was reauthorized (P.L. 105-17), further defining children's rights to educational services and strengthening the role of parents in the educational planning process for their children.
The Individualized Education Plan (IEP) is a written document that outlines an individual's education. As the name implies, the educational program should be tailored to the individual student to provide educational benefit. The creation of an IEP document, as well as procedural safeguards for parents who disagree with their child's IEP, are discussed here.
Copies of the IDEA law and/or regulations are available from the Government Printing Office or may be available at your public library. Your state Senator may also be able to provide you with a copy. Also, visit the Web site of the Families and Advocates Partnership for Education (FAPE) project, run by the PACER Center and funded by the U.S. Department of Education (www.fape.org) or the IDEA Partnerships Web site at www.ideapractices.org for information on the law and its regulations.
IDEA has both statute and regulations. The IDEA statute is the governing legislation - the language of the law - and the regulations are an explanation of how the law is to be enacted. The law explains what conditions exist; the regulations explain how these conditions are applied.
Given the rights your child has to educational services, you must keep in mind that IDEA establishes the minimum requirements schools must provide. For states to receive federal funds, they must meet the eligibility funding criteria of IDEA. States may exceed the requirements and provide more services. They cannot, however, provide less or have state regulations or practices that contradict the guidelines of IDEA.
The federal regulations do not require states to provide an "ideal" educational program or a program the parents may feel is "best." The state must provide an appropriate educational program, one that meets the needs of the individual student. The appropriate education for a child with disabilities may not always be the "best" or "ideal" program.
Two other laws governing the educational rights of students with disabilities are the Family Educational Rights and Privacy Act of 1974 (P.L. 93-380), and Section 504 of the Rehabilitation Act of 1973, (P.L. 93-112).
In brief, the Family Educational Rights and Privacy Act (FERPA) protects the privacy of a student's educational records and outlines inspection and release of information. Section 504 of the Rehabilitation Act protects the civil rights of persons with disabilities. It prohibits discrimination against a person with a disability by an agency receiving federal funds.
Parents need to be aware of the educational rights and the placement options available. There is not a "one size fits all" model for the education of children with disabilities. Programs that are called "autism classrooms" or "autism programs" may not provide the services and curriculum that are right for your child. Therefore, it is possible that a child with autism may not receive an appropriate education in an "autism class." The range of available placement options allows for the creation of unique educational placements for each child.
Placement options range from total inclusive settings where children with autism receive their education alongside non-disabled peers to private placement in residential programs for children with disabilities. Within that range, a wide variety of plans can be created to meet the unique needs of each student. A parent may wish to look at placement options as they currently exist for other students. By viewing current special education programs and inclusive classrooms, you'll get an idea of how other IEPs have been put into practice.
When faced with the challenge of selecting an appropriate placement for a child, parents and professionals need to understand the concept of "least restrictive environment" (LRE). The IDEA sets up procedural guidelines to ensure a free appropriate education in the least restrictive environment tailored to each child's individual needs.
The law begins with the assumption that, to the maximum extent possible, children with disabilities should be educated with their non-disabled peers. Once the child's needs are assessed, and necessary services and supports are determined, the placement options should begin with the regular or inclusive classroom. Children with disabilities do not have to start in a more restrictive or separate class then "earn" the right to move to a less restrictive placement. If it is found that a regular education classroom would not meet the child's needs, even with support services, then another option may be pursued. Keep in mind that the child with a disability must benefit from the placement. The child should not be "dumped" in a classroom where the child is not receiving an appropriate education.
The law specifies that educational placement should be determined individually for each child, based on that child's specific needs, not solely on the diagnosis or category. No one program or amount of services is appropriate for all children with disabilities. A safe educational environment is important for all children. School safety concerns are addressed in IDEA. Educational services cannot be withheld as a disciplinary remedy. While students with disabilities may be suspended for disciplinary concerns that would also apply to general education students, educational services must continue at all times, even when a student is expelled for behavior not associated with his disability.
Determining the most appropriate placement for your child is a two-step process.
1. Determine your child's level of functioning and associated needs by requesting an evaluation or re-evaluation through the school or an independent professional(s). This evaluation should include specific recommendations for supports, educational services and levels of treatments.
2. In collaboration with your child's prospective teacher(s), service providers and school administrator, develop a well-defined and thorough IEP. Discuss the options for placement that meet the needs of your child. How does the school currently provide services for children with disabilities? Are there programs currently in place that can be modified to meet my child's needs? Using this information, you and the school together can determine your child's most appropriate placement.
The first step in obtaining special education services is for your child to be evaluated. The evaluation can be done when your child is first suspected of having a disability (pre-placement evaluation) or when your child's level of functioning changes in one or more areas (re-evaluation). There are two ways in which a child can be evaluated under the regulations of IDEA.
The parent can request an evaluation by calling or writing the director of special education or the principal of the child's home school. If you call, also put your request in writing, keeping a copy for yourself. This should be part of your routine communication with anyone concerning your child's education. Follow-up all telephone calls with a letter summarizing the conversation. This way, the other party has the opportunity to make corrections to any misunderstood information, and you have a paper trail in case of a disagreement with the school system.
The school system may also determine an evaluation is necessary. If so, they must receive written permission from the parent before the evaluation can be conducted.
An evaluation should be conducted by a multidisciplinary team or group of persons, which must include at least one teacher or other specialist with specific knowledge in the area of suspected disability. IDEA requires that no single procedure be used as the sole criterion for determining an appropriate education program for a child. The law also requires that the child be assessed in all areas related to the suspected disability, including but not limited to health, vision, hearing, communication abilities, motor skills, and social and/or emotional status.
If the parents disagree with the results of the evaluation, they may choose to obtain an independent evaluation at public or private expense. A list of professionals that meet state requirements may be requested from your school, or you can choose one of your own. If the professional chosen meets appropriate criteria set up by the state, then the school must consider their evaluation in developing an IEP.
If a child already receives special education services, the above standards apply for re-evaluation. A re-evaluation must take place at least every three years. It may, however, be conducted more often if the parent or teacher makes a written request. An evaluation may also be done in specific areas of concern. A re-evaluation of all areas of suspected need or one for particular areas may occur if a parent feels their child is not meeting the short-term objectives of the current IEP.
Parents who feel their child's placement should be changed need to have a basis for their request. For example, a child may be exhibiting problem behaviors that were not previously exhibited. It may be necessary to reassess his placement or develop new behavior techniques to address this area. As a first step, an evaluation by a specialist familiar with autistic behaviors could be requested. The IEP can then be changed to reflect the results.
Another child may have an annual goal to increase her language production and comprehension skills, but is not meeting the objectives developed in her IEP for this goal. The parent may wish to request that an evaluation be done with a speech therapist who has knowledge of autism. It may be determined from the results that an increase in the number of hours of therapy per week is necessary.
A re-evaluation of all areas of suspected need may come prior to the scheduled annual IEP meeting. If the child has made significant progress since the last evaluation, treatment, placement and therapy recommendations may not be applicable. A re-evaluation, addressing all areas, would become the basis for a more appropriate IEP.
Parents may suggest professionals, with knowledge of autism, to the school for these evaluations. The school does not have to use the suggested professional, but may appreciate the assistance in finding a qualified person. As explained above, if the parents disagree with the school's evaluation, they do have a right to acquire an independent evaluation.
The evaluation (school or independent) should become the basis for writing the child's IEP. The IEP must be prepared and agreed upon before placement decisions are made. The placement may not be chosen first, then the IEP written to fit the placement decision.
Here are some links to get Sample Letters to write or give you ideas on how to write a letter to your local school district or State Education Department to request an initial evaluation, request a meeting, share your concerns or send a letter of appreciation.
Sample Letters - CA specific
Site contains Sample Letters at the end of every chapter throughout the presented material. http://www.pai-ca.org/pubs/504401.htm
Often times in the beginning parents trust and depend on their school district to do the right thing by their child. Unfortunately, many times this is not the case. The Special Education process is very complex. There are federal laws and state special education rules and regulations.
Don't despair! Parents may get assistance from various agencies and educational advocates. The first step to learning more about special education laws, rules and regulations is to read these laws and regulations, and attend any workshops or seminars related to special education you can.
Contact your State Education Department and request copies of special education rules and regulations.
Several autism organizations provide parents with online training courses for autism and special education. See Online Autism and Special Education Courses.
There are online courses available at no charge on the Internet for parents and families to learn more about the needs of students with autism spectrum disorders.
Autism Society of America (ASA)
910 Woodmont Ave. Suite 650
Bethesda, MD 20814-3015
Tel: (301) 657-0881
FAX: (301) 657-0869
(800) 3-AUTISM (Info referral telephone number)
email: VERONICA.M.ZYSK@gtees.sprint.com
Website: http://www.autism-society.org/
Doug Flutie, Jr. Foundation for Autism
PO Box 767
233 Cochituate Road, 2nd Fl
Framingham, MA 01701
Website: http://www.dougflutie.org/
The Doug Flutie, Jr. Foundation for Autism has partnered with WebED to develop a series of free online autism courses for parents to access the latest information from top experts in the field. The Foundation is a non-profit organization established by professional football player Doug Flutie, Sr. and his wife, Laurie Flutie, in the name of their son, as their life-long commitment to make a difference in the lives of children with autism and their families.
CALSTAT Special Education Online Trainings
1801 East Cotati Ave
Rohnert Park, CA 94928
(707) 206-0533
(707) 206-9176 (fax)
e-mail: information@calstat.org
Website: http://www.calstat.org/
CalSTAT is a special project of the California Department of Education that helps schools and families educate children and young adults with special needs and offers free in-depth online trainings on Special Education. Parents do not need to reside in CA in order to take the courses.
