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  • What is special education?
    • Special education means specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability. 
      • This can include instruction in the classroom, at home, in hospitals, and in other settings
      • It may include: speech-language pathology services, travel training, and vocational education. 34 CFR 300.39(a). 
    • Under federal and state law, school districts must provide each student with a disability with a “free appropriate public education” (FAPE)
  • Who is eligible for special education?
    • Children with a qualifying disability between ages three and twenty are eligible to receive special education and related services. Eligible disabilities include: 
      • autism; 
      • deaf-blindness; 
      • deafness; 
      • developmental delay; 
      • emotional disturbance; 
      • hearing impairment; 
      • mental retardation; 
      • multiple disabilities; 
      • orthopedic impairment; 
      • other health impairment;
      • speech or language impairment;
      • specific learning disability;
      • traumatic brain injury;
      • visual impairment including blindness.

    34 C.F.R. Sec. 300.8; 05-071 Chapter 101, Maine Unified Special Education Regulation VII.

    • An infant or toddler age birth-two may be eligible for services if that child is determined to have a very substantial delay in at least one of five developmental areas, or a substantial delay in two or more areas. 
    • These areas include: 
      • Cognitive development, 
      • Physical development, 
      • Communication development, 
      • Social or emotional development, and 
      • Adaptive development. 

    20 USC 1432(5)(A); 05-071 Chapter 101, Maine Unified Special Education Regulation VII(1)(A)(1).

  • What type of education are children with a qualifying disability entitled to? What is a “free appropriate public education”?
    • Under both federal and state law, school districts must provide each student with a disability with a FAPE. 
    • FAPE means special education and related services that:
      • Are provided at public expense and without charge, 
      • Meet appropriate standards, 
      • Include preschool through secondary education, 
      • Conform with an individualized family service plan (IFSP) or individualized education program (IEP). 20 U.S.C. 1401(9); 34 C.F.R. Sec. 300.17.
    • Special education must be provided in the least restrictive environment (LRE), meaning that to the extent appropriate, all students with disabilities should be educated with students who are not disabled. 34 C.F.R. Sec. 300.114.
  • In addition to a free appropriate public education, are there other services a child with a disability is entitled to? What are “related services”?

     

    • “Related Services” means special education transportation and other services needed for children with disabilities to fully benefit from FAPE. 20 USC 1401(26).
    • In Maine, related services include:
      • audiology; 
      • counseling services; 
      • hearing aids; 
      • interpreting services; 
      • medical services; 
      • orientation and mobility services; 
      • occupational therapy; 
      • physical therapy; 
      • psychological services; 
      • recreation;
      • rehabilitation counseling services;
      • school health and school nurse services;
      • social work services;
      • assistive technology service;
      • speech-language pathology services;
      • transportation.
    • Related services do not include a medical device that is surgically implanted, its maintenance or replacement. However, children with a surgically implanted device may still receive related services necessary for a FAPE.
  • Who provides special education?
    • The Maine Department of Education and the local school district are both responsible for ensuring that appropriate special education services are delivered. See 34 C.F.R. Sec. 300.149. 
  • Where should a child receive his/her special education and related services? What is a “least restrictive environment”?
    • Special education can be offered in:
      • Mainstream classroom, 
      • In a resource room, 
      • At home, 
      • In hospitals or residential programs.
    • Special education must be provided in a least restrictive environment.
      • To the maximum extent appropriate, children with disabilities must be educated with their nondisabled peers. 
      • Students with disabilities may be removed from the regular educational environment only when the nature or severity of the disability is such that modifications, supplementary aids and services are insufficient in the general education environment. 20 U.S.C. Sec. 1412 (a)(5)(A); 34 C.F.R. Sec. 300.114.
  • How is a child determined to be eligible for special education? Is there an assessment or evaluation?
    • The Maine Department of Education, another State agency, or a school administrative unit must conduct a full initial evaluation before providing special education.
      • This evaluation may be requested by a parent/guardian, the Maine Department of Education, another State agency, or the school. 20 USC 1414(a-b)); Maine Unified Special Education Regulation V(1)(A)(1-2).
    • The evaluation must have procedures that determine (a) whether the child has a qualifying disability and (b) what his/her educational needs are. 20 USC 1414(c). 
      • This must be conducted:
        • Within 60 calendar days of receiving parental consent for evaluation for children in the Child Development Services system, and 
        • Within 45 days of receiving parental consent for the evaluation of children ages 5-20 under the responsibility of the public school system. Maine Unified Special Education Regulation V(1)(A)(3)(a).
  • Once a child is identified as being eligible for special education, what are the next steps? What is an “IEP” (Individualized Education Program)? Do parents have any say so in the IEP?
    • Once it is determined that a child is eligible for special education, an IEP is developed for that child. 
    • An IEP outlines in writing the educational program for the student. It is developed at a meeting by a team including: 
      • The parent(s), 
      • A special education teacher, 
      • A regular education teacher, and 
      • A district representative or school administrator
      • Other participants may include the school psychologist, therapists, service providers and the child, if appropriate.
    • In Maine, schools must take steps to make sure that parents are present at each IEP Team meeting or are given the opportunity to participate. 
      • Parents must be notified 7 days in advance of a meeting 
      • A copy of the evaluation report must be given to parents 3 days in advance of the meeting to discuss it. Maine Unified Special Education Regulation VI(2)(A).
    • The IEP must include: 
      • The student’s present levels of educational performance;
      • Measurable annual goals;
      • A description of how progress toward goals will be measured and reported
      • Specific special educational services; 
      • Extent to which the child will not participate with nondisabled children in regular education classes and extracurricular and nonacademic activities; 
      • Anticipated duration, frequency, and location of services and modifications;
      • Modifications for state or district-wide assessments;
      • By ninth grade, a transition plan to be updated annually thereafter.

    20 USC 1414(d); Maine Unified Special Education Regulation IX(3)(A)(1).

    • An IEP must be implemented as soon as possible following the IEP meeting but no later than 30 days after the initial identification of a child in need of special education. Maine Unified Special Education Regulation IX(3)(A)(3).
  • What options does a parent have if s/he disagrees with the proposed IEP placement or services? What are the procedures for due process?
    • Parents may submit a written request for a due process hearing to the Main Department of Education. Maine Unified Special Education Regulation XVI(1)(B)(3). 
    • A due process complaint must address a violation that occurred not more than two years before the date the parent or the Department of Education knew or should have known about the violation
    • It must include: 
      • Child’s name;
      • The address of the residence of the child;
      • The name of the school the child is attending;
      • In the case of a homeless child, available contact information for the child
      • A description of the nature and of the problem, including relevant facts
      • A proposed resolution of the problem to the extent known to the part at the time. Maine Unified Special Education Regulation XVI(6)(B)
    • The local education agency must send parents a response within 10 days with the following: 
      • Why the agency refused to take the action raised in the due process request;
      • Other options that the IEP Team considered and why those options were rejected
      • Each evaluation procedure, assessment, record, or report the agency used as the basis for the proposed or refused action; and
      • Other factors that are relevant to the agency’s proposed or refused action. Maine Unified Special Education Regulation XVI(6)(E)
    • The hearing officer must convene a pre-hearing resolution conference. This must consider:
      • How to simplify or clarify issues
      • The number of witnesses
      • The possibility of agreement with any of the issues in dispute. Maine Unified Special Education Regulation XVI(6)(G). 
    • At any point, private settlement discussions may occur between the parent and school. Maine Unified Special Education Regulation XVI(12).
    • If the problem has not been resolved within 30 days, the due process hearing will occur. Maine Unified Special Education Regulation XVI(11)(B).
      • The hearing officer will only address issues raised in the due process complaint
      • The hearing officer’s determination of whether a child received a FAPE must be based on substantive grounds. 34 CFR 300.511(d), 300.513(a); 20 U.S.C. 1415(f)(3). 
    • A parent may file both a complaint with the Maine Department of Education, and a due process complaint. 
    • A parent can appeal a due process hearing to civil court. 34 CFR 300.516(b); 20 U.S.C. 1415(f)(3), (i)(2).
  • Can a special education student be disciplined? What about suspensions and expulsions?
    • Yes, but there are sometimes special protections for disabled students. 
    • For violations of school rules, a child with a disability may be suspended or placed in an alternative setting for not more than 10 consecutive days. XVII(1)(B) and (1)(D).
    • After being removed once for ten days, during any subsequent days of removal, the student must: 
      • Continue to receive educational services to progress towards IEP goals
      • Receive a behavioral assessment and intervention services. Maine Unified Special Education Regulation XVII(1)(B) and (1)(D).
    • A change in placement occurs when a child is removed for more than 10 consecutive days. 
      • If this occurs, the IEP team must review the child’s file to decide if the misconduct was due to the child’s disability. 
      • This determination must take place within 10 school days. Maine Unified Special Education Regulation XVII(1)(E); 20 U.S.C. 1415(k)(4). 
      • If misconduct is not due to the child’s disability, the child may face normal school discipline. Maine Unified Special Education Regulation XVII(1)(C). 
      • If misconduct is due to the child’s disability, the IEP team must either:
        • Implement a behavioral intervention plan, or
        • Review the current behavioral intervention plan and modify it if needed. Maine Unified Special Education Regulation XVII(F).
    • Special procedures apply for weapons, drug use, or violence. 
      • Students may be removed to alternative educational settings for up to 45 days if the child brings a weapon to school, uses/possesses illegal drugs, or inflicts serious bodily injury on another person at school. Maine Unified Special Education Regulation XVII(G); 20 U.S.C. 1415(k)(4).
  • Can parents see the school records of their special education child?
    • Yes. Schools must allow parents to inspect and review their children’s education records without unnecessary delay. 
      • Parents must be able to review records before any IEP meeting and in no more than 45 days after a request has been made. Maine Unified Special Education Regulation XIV(3).
    • Schools may charge fees as long as they do not prevent parents from using their right to inspect and review children’s records. Maine Unified Special Education Regulation XIV(7).