Special education law offers protections for eligible students and requirements of IEPs; parents may need to be aware of their rights and options when a child’s educational needs are not being met. It can help parents to communicate with schools and take steps when the IEP is not followed if they are familiar with these protections.
This course provides students with an understanding of the purpose of special education law
Special education law provides protections to ensure that a child or adolescent eligible for special education receives the appropriate education services. It covers topics like individualized planning, parental involvement, educational services, and procedural safeguards.
Parents can find these requirements easier to understand when they attend meetings and discussions at school. If a school fails to provide agreed IEP services, parents should make sure to try to document the concerns and ask for details regarding any available dispute-resolution process.
The importance of having an IEP for your child
Individualized Education Program is based upon the student’s individual educational needs. It may establish measurable objectives, accommodations, specialized instruction, related services and other supports designed to assist the student to make meaningful educational progress.
After an IEP is created, parents should be aware of the services and support provided in the IEP. Having a copy of the IEP along with any other school communications can also help determine if services being delivered are the same as the IEP.
Any concerns about the consistency of services and/or the lack of accommodations should be brought to the attention of the appropriate school personnel by the parents. Written communication can be helpful in establishing a record of the problem and also can motivate the school to attempt to solve it.
What Do FAPE Services Mean to Students?
A principal concept in special education is the right to Free Appropriate Public Education (FAPE). This term is likely to come up in your parent’s IEP meetings, in the school environment, and in special education discussions.
In general, FAPE is the educational right afforded to all students who meet federal special education requirements. Familiarity with this information may assist parents to reach a more informed decision regarding services, supports, educational objectives and the execution of an IEP.
Parents should keep a discussion about problems to the facts of their child. When talking with parents about concerns, it may be helpful to review the IEP, document missed services, and keep in touch with the school.
Signs that an IEP may not be followed
Parents may be troubled if they see the IEP written in a way that is very different from how their child is served. A student cannot be provided with specific accommodations, special instruction and/or services outlined in the plan, for instance.
A second issue can occur if parents keep talking about a problem and do not observe any action. Schools may experience some scheduling issues, but if there are persistent troubles, there may be a need to discuss this in greater detail with implementation.
Parents have a record of relevant dates, communications, service interruptions, and other information. These records will be useful in documenting any disagreement that may arise, and in creating a clear history.
When problems arise, here are some steps that parents can take to help
The first step is frequently to carefully examine the existing IEP. Parents should identify the specific provision(s) they feel is/are not being implemented and gather relevant documentation.
Parents can then write to the school about their concerns. The discussion can be more productive if there is a clear message that explains the issue, provision of the IEP, and the desired response.
If the student’s needs are not met appropriately, parents are able to examine the procedural safeguards and dispute-resolution requirements mandated by special education laws. These can vary from mediation, to state-level complaint processes or due process procedures.
Professional Legal Guidance May Help” when in doubt.When in doubt, “Professional Legal Guidance May Help
There are more details to special education cases that may include educational records, procedures, timelines, and disagreements over implementation of an IEP. Parents may need professional support if they don’t know what to do or if the problem they have had with a school has not been solved.
GPS Law represents parents in California in special education due process cases when schools are not complying with the requirements of IEPs. Attorneys may be able to assist parents in understanding the issues, in gathering related documentation and to identify procedural options that might be available in their case.
Creating a good history of your concerns.
If a special education dispute persists, documentation can be of great benefit. Parents will be able to retain copies of IEPs, evaluations, progress report, any emails, meeting notes and all other pertinent communication.
It can also be helpful to provide a timeline of events to help demonstrate the start of a concern, the school’s actions, and whether a concern continued. Parents need to have the documents in hand and present the facts instead of just talking to one another.
This will help to make future meetings more focused and will enable parents to make it clear what they believe has not been provided in the educational plan.
Conclusion
Knowing about special education rights can empower parents to be more involved in their child’s education. For an IEP that is not being implemented, the review of the plan, the documentation of concerns, communication with the school, and understanding the dispute-resolution procedures are important steps. If the IEP implementation is still unclear for the California family, a seasoned special education due process advocate can offer more direction.