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  • What is Special Education?
    • Special Education is schooling that has been specifically designed to meet the needs of a child with a disability.
    • Under federal and state law, school districts in Rhode Island must provide each student with a disability with a free appropriate public education (FAPE)
  • Is my child eligible for special education?
    • For a child to be eligible for special education, their disability must be of such nature that it prevents his or her normal educational development.
      • A child may have a medical diagnosis for a disability but not qualify for special education. R.I. Gen. Laws Sec. 16-24-1(a).
    • Eligible disabilities include:
      • Mental retardation;
      • Hearing impairments;
      • Speech or language impairments;
      • Visual impairments;
      • Emotional disturbance;
      • Orthopedic impairment;
      • Autism;
      • Traumatic brain injury;
      • Other health impairments;
      • Specific learning disabilities;
      • Development delay.
    • Children between the ages of three and twenty-one years of age are eligible for special education. 20 U.S.C. Sec. 1401(3); 34 C.F.R. Sec. 300.8; R.I. Gen. Laws Sec. 16-24-1
    • To determine whether a child is eligible for special education, agencies use a variety of assessment strategies. For  the initial evaluation and for each reevaluation, the Individualized Educational Program team must consider
      • Any existing classroom observation evaluations of the child that teachers might have completed;
      • Information or reports that parents have provided.
    • A child is not eligible for special education if the determining faction the child’s exceptional need is lack of appropriate instruction in reading, math, or limited English proficiency. 20 U.S.C. Sec. 1414(b)(5); 34 C.F.R. Sec. 300.306(b), Regents Regulations Sec. 300.306(b).

     

  • What type of education are children with a qualifying disability entitled to? What is a “free appropriate public education” (FAPE)?
    • FAPE means special education and related services that are provided:
    1. At public expense
    2. Without a charge to the parents
    3. Meet appropriate standards
    4. Include preschool through secondary education
    5. Conform with the Individual Education Program (IEP)

    Title 20 United States Code (U.S.C.) Sec. 1401(9); Title 34, Code of Federal Regulations (C.F.R.) Section (Sec.) 300.17. 

     

    • Special education means that the content, methodology and delivery of instruction at school will be adapted to meet the unique needs of the child with disability to ensure that he or she can meet the educational standards set by public agencies for all children. 34 C.F.R. Sec. 300.38(b)(3). 
  • In addition to a free appropriate public education, are there other services a child with a disability is entitled to? What are “related services”?
    • In addition to providing special education to children with disabilities, the state requires school committees to provide related services.
      • Related Services: services that are necessary for the child to benefit from special education.

    20 U.S.C. Sec. 1401(26)(A), 34 C.F.R. 300.34 (a)), Regents Regulations, Sec. 300.1(a)

    • Related services include
      • Transportation;Speech-language pathology
      • and audiology services; Interpreting services;
      • Psychological services;
      • Physical and occupational services;
      • Recreation, including therapeutic recreation;
      • Early identification and assessment of disabilities in children;
      • Counseling services, including rehabilitation counseling;
      • Orientation and mobility services;
      • Medical services for diagnostic or evaluation purposes;
      • School health services;
      • School nurse services;
      • Social work services in schools;
      • Parent counseling and training.

    Regents Regulations, Sec. 300.34(a)

    • Related services do not include a medical device that is surgically implanted, nor optimization, maintenance, or replacement of that device. Regents Regulations, Sec. 300.34(b).
  • Who provides special education?
    • The state education agency and the local school district are responsible for ensuring that appropriate special education services are delivered each eligible child.  
    • In Rhode Island, the school committee of the town or city in which the child resides typically provides the special education services.

    20 U.S.C. Sec. 1413(a)(1); 20 U.S.C. Sec. 1412(a)(11); 34 C.F.R. Sec. 300.149; R.I. Gen. Laws Sec. 16-24-1(a).

  • Where should a child receive his/her/ special education and related services?
    • Special Education must be provided in a Least Restrictive Environment (LRE)
      • LRE: To the maximum extent appropriate, children with disabilities must receive instruction with children who do not have disabilities
    • Students with disabilities can only be removed from their regular educational environment when the nature or severity of their 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.
    • Special education can be offered in:
      • Mainstream classroom
      • Resource room
      • at home
      • Hospitals;
      • Residential programs.
    • If a child has been convicted of crimes as adults and is incarcerated in an adult prison, the LRE requirement does not apply.
      • In such cases the State is allowed to demonstrate that there is a genuine security interest that cannot be otherwise accommodated. Regents Regulations Sec. 300.324(d)(2).

     

  • How is a child eligible for special education? Is there and assessment or an evaluation?
    • Initial evaluations can be initiated by:
      • The parent;
      • A public agency, with parental consent.

    Regents Regulations, Secs. 300.300 and 300:301(b).

     

    • Once the referral for a special education services is received, a team of qualified professionals and the parent will form an evaluation team. This team must determine whether an evaluation is needed.
    • The evaluation team must determine whether a student has a disability, and what the content of their Individualized Educational Program will include. To do so, the team must draw upon:
      • Aptitude and achievement tests;
      • Information about the child’s physical conditions;
      • Teacher recommendations;
      • Social and cultural background ;
      • Adaptive behavior.

    20 U.S.C. Sec. 1414, Regents Regulations, Sec. 300.320(a)

    • Upon completion of the evaluation, parents are entitled to a report of the evaluation. Regents Regulations, Sec. 300.306. 
  • Once a child is identified as being eligible or special education, what are the next steps? What is an Individualized Education Program” (IEP)? Do parents have any say in the IEP?

    Once the child has been determined eligible for special education, a team will meet to develop an educational program for the child. This program is called Individualized Educational Plan.

    • The team that develops the plan includes:
      • The parent;
      • Special education teacher;
      • Regular education teacher;
      • District representative
      • School administrator;
      •  Note: the team may also include the school psychologist, therapists, service providers, and the child.
    • The IEP must include:
      • The child’s present levels of academic achievement;
      • Measurable annual goals;
      • A description of how the child’s progress the annual goals will be measured and reported;
      • special education and related services and supplementary aids and services that will be provided;
      • An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and activities;
      • A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance ;
      •  The projected date for the beginning of the services and modifications described in paragraph;
      • The anticipated frequency, location, and duration of those services and modifications.

    34 C.F.R. Sec. 300.305, Regents Regulations, Sec. 300.320(a)

    • The public agency must provide the parent with a copy of the child’s IEP at no cost to the parent within 10 days after the IEP has been developed. Regents Regulations, Sec. 300.322.
    • If a child moves from school district, the new district must provide the child with similar special education services as the previous district did, or develop a new IEP that meets the child’s needs. Regents Regulations, Sec. 300.323(c).

     

  • What options does a parent have if s/he disagrees with the proposed IEP placement or services? What are the procedures for due process?
    • If a parent disagrees with or objects to the proposed IEP placement or services, or if the parent believes the district has failed to comply with the child’s IEP, the parent is entitled to file for due process. Regents Regulations, Sec. 300.507. 
    • The due process complaint should contain:
      • Name and address of the child;
      • Name of the school the child is attending;
      • Description of the nature of the problem.
    • Within 10 days of receiving the due process complaint, local educational agency must send a response to the parent. This response must include:
      • explain why the agency proposed or refused to take the action in the due process complaint;
      • A description of the other options that the IEP team considered and the reasons why those options were rejected;
      • A description of each evaluation procedure, assessment, record, or report the agency used as the basis or the proposed or refused action;
      • A description of the other factors that are relevant to the agency’s proposed or refused action.
    • Within 15 days of receiving notice of the due process complaint, the local education agency must meet with the parent and the relevant members of the IEP team to attempt to resolve the due process complaint. Regents Regulations, Sec. 300.510(a). 

     

    • If after 30 days of the receipt of the due process complaint the parent believes the local educational agency has not resolved the dispute satisfactorily, the due process hearing may occur.
      • The parties may agree to waive the resolution process or to use mediation instead.
      • The hearing will be conducted by an impartial hearing officer.
    • At the hearing the parent has multiple rights:
      •  Free or low-cost legal assistance;
      • To be advised and accompanied by a counsel and by individuals with special knowledge about the problems of the child with disabilities;
      • Present evidence;
      • Confront, cross examine, and compel the attendance of witnesses;
      • Object to the introduction of any evidence at the hearing that has not been disclosed to that party at least 5 business days before the hearing;
      • Have the child present at the hearing;
      • Have the hearing open to the public;
      • Entitled to a written, or electronic, word-for-word record of the hearing;
      • A written copy of the conclusions and decisions of the hearing officer.
    • If the district proposes or refuses to initiate or change the identification, evaluation, or educational placement of the child, the district must provide the parent with written notice. Regents Regulations, Sec. 300.503.
    • Unless a party challenges the hearing officer’s decision, the officer’s decisions at the hearing is final.
      • To challenge the decision, the parties must bring a civil action in a State court with appropriate jurisdiction, or in a district court of the United States
      • if a parent wins in court, he or she is entitled to recover attorney fees.
      • Note: If a parent brings a complaint that is unreasonable or without foundation, the school district may also recover attorney’s fees.

     

  • Can a special education student be disciplined?
    • If a student with abilities engages in any misbehavior that is prohibited by the school’s discipline, the student may be suspended, even if the misbehavior is a manifestation of the child’s disability. 
    • Students with disabilities are subject to the same suspension rules as nondisabled students.
    • The school may consider the unique circumstances surrounding a case of misbehavior to determine whether a change in placement for the student with disabilities is appropriate.
    • If the child’s misbehavior presents an immediate threat to himself or to others, the student may be immediately removed from school for the rest of the day regardless of the number of days the child has already been suspended that school year.

     

    • Suspensions of students with disabilities cannot exceed 10 consecutive days without a manifestation determination review.
      •  Manifestation determination review: a meeting held between the local Education Agency, the parent and the relevant members of the Individualized Education Program team to determine whether the child’s behavior was due to the child’s disability
      • If the misbehavior is a manifestation of the child’s disability, the child must return to his original educational placement, unless parents and school agree otherwise.
    • It is not required for the school to hold manifestation determination review before suspending a student for more than ten days, if the student:
      • Carried a weapon
      • Used drugs
      • Presented a danger to himself or others
    • During any period of suspension beyond ten days, of temporary placement, or expulsion, the student with disabilities must continue to receive educational services to continue progress towards meeting the goals of his Individualized Educational Program.