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Special Education

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We would like to provide you with an overview of Special Education Law:

Special education laws provide children with disabilities important rights that are not available to children in regular schools.
The federal Individuals with Disabilities Act (IDEA) gives families of special education children the right to:

• Have their child assessed or tested to determine their special education eligibility and needs.
• Inspect and review school records relating to their child.
• Attend an annual "Individualized Education Program" (IEP) meeting and develop a written IEP plan with representatives of the local school district.
• To resolve disputes with the school district through an impartial administrative and legal process.

Every school district is required by law to identify and evaluate children with disabilities. After an evaluation has taken place, a disabled child may be provided with special education specific to his or her special needs.
IDEA defines "children with disabilities" as individuals between the ages of three and 22 with one or more of the following conditions:
mental retardation
hearing impairment (including deafness)
speech or language impairment
visual impairment (including blindness)
serious emotional disturbance
orthopedic impairment
autism
traumatic brain injury
specific learning disability, or
other health impairment.

For your child to qualify for special education under IDEA, it is not enough that he or she has one of these disabilities. The disability must be shown to adversely affect his or her educational performance.

Once a child is found eligible for special education, subsequent evaluations will take place every three years or so. You may not be satisfied with the initial evaluation, or perhaps you feel the disability or special education needs have changed. Your child is entitled to more frequent assessments if you request them.

For more information on your local special education laws and regulations, you can contact your state department of education for more assistance. Ask your school district, and they will be able to give you the appropriate office to contact.

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