20 Things That You Need to Know About Special Education
Click the underlined words below for more inform about each specific item.
1. Children with disabilities are entitled to a Free Appropriate Public Education (FAPE).
The purpose of the Individuals with Disabilities Education Act (IDEA) is to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.
2. The school district must provide special education and related services in accordance with the child’s Individual Education Plan (IEP).
An individualized education plan (or program) (IEP) is a written statement that includes a child’s present levels of educational performance (PLEP), measurable annual goals (including academic and functional goals) and benchmarks, and special education and related services.
3. Parents are full and equal members of the IEP team and can request an IEP meeting at any time and for any reason.
For example, parents/guardians might want to call an IEP meeting if they are concerned about a child’s lack of progress; if new behavioral issues come up; if the parents/guardians have a new evaluation to share with the team; if the parents/guardians believe the child needs a change in accommodations, modifications, or services; etc.
4. At least every three years, the district must do a reevaluation.
While the IEP team must meet at least once per year, a reevaluation must be conducted at least once every three years unless the parent and the public agency agree that a reevaluation is unnecessary. However, a reevaluation could be done more often if the district believes it is needed or the parents/guardians request one.
5. The IEP team must include a general education teacher if the child is, or may be, participating in the general education environment and a school district representative who is knowledgeable about the availability of resources and has the authority to commit those resources.
6. Parents have a right to read any evaluation reports before an IEP meeting.
The school district must comply with a parent’s request to inspect and review existing education records, including an evaluation report, without unnecessary delay and before an IEP meeting. (See Procedural Safeguards, page 18.)
7. If the school district develops a draft IEP prior to the IEP meeting, the district should provide the parents a copy prior to the meeting.
The district should provide the parents a copy of its draft proposals prior to the IEP meeting to give the parents an opportunity to review the district’s recommendations and allow the parents/guardians to be better able to engage in a full discussion of the proposals. It is not permissible for the school district to have the final IEP completed before an IEP meeting begins. (See IDEA Commentary, page 46678.)
8. The school district must provide parents/guardians with ten day written notice of an IEP meeting, and this notice must include a list of all meeting attendees.
The notice must include the purpose and a mutually agreeable place and time for the meeting, who will be in attendance, and that parents/guardians have the right to invite other people to attend the IEP meeting with them. (See Procedural Safeguards, page 4.)
9. The IEP team must consider whether the student needs Extended School Year Services (ESY) and Assistive Technology (AT) devices and services.
10. In the case of a child whose behavior impedes the child's learning, the IEP team must consider the use of positive behavioral interventions and supports and other strategies.
If a child’s behavior impedes his or her learning or the learning of other students, the IEP team must consider strategies, including positive behavioral interventions and supports to address the behavior. This may include a Functional Behavior Assessment and/or a Behavioral Intervention Plan.
11. To the maximum extent appropriate, children with disabilities must be educated with children who do not have disabilities.
This concept is known as “Least Restrictive Environment” (LRE).
12. IEP goals must be measureable.
13. Placement decisions are based on the IEP, and made only after the child’s IEP, including goals and services, has been developed.
Placement means where the IEP will be carried out. Examples of placement options are general education, resource room, self-contained classroom, and separate school. (Also see District 97’s Teamwork Manual, page 15.)
14. Parents/guardians can visit their child’s placement or potential placement.
Parents/guardians must be afforded reasonable access of sufficient duration and scope for the purpose of observing their child in the child's current educational placement, services, or program or for the purpose of visiting an educational placement or program proposed for the child. (See Section g-5 near bottom of page.)
15. Parents/guardians are not required to sign the IEP to signal acceptance.
While the school district must get written consent before evaluating or reevaluating a child, or putting the initial IEP into place, parents/guardians are not required to give consent on subsequent IEPs. (Parents/guardians are, however, usually asked to sign an attendance sheet at the IEP meeting.) Implementation of the IEP must occur within ten days. (Also see Procedural Safeguards, page 2.)
16. In District 97, the school district must provide the parents/guardians a copy of the IEP at the conclusion of the IEP meeting (see District 97 Special Education Procedures, Section 4.A.12).
In all districts, upon request, parents/guardians must be given a revised copy of the IEP that includes any amendments. In addition, at the conclusion of any initial evaluation meeting, the school district must provide a copy of the IEP Team’s report to the parents/guardians.
17. The school district must ensure that every teacher or service provider is informed of his or her specific responsibilities related to implementing a child's IEP and any accommodations, modifications, and supports.
18. The IEP cannot be changed without an IEP meeting unless the IEP team, which includes the parents/guardians, develops a written document to amend or modify the existing IEP.
19. Children with disabilities have the right to participate in extracurricular activities.
School districts serving students with disabilities must ensure that these students have an equal opportunity to participate in such activities.
20. When a child reaches age 14½, the IEP must include a transition plan.
This transition plan must include appropriate measurable postsecondary goals related to training, education, employment, and, where appropriate, independent living skills, and include any course of study needed to assist the child in reaching those goals. (Note that in Illinois, the age is 14½, not 16 as indicated in the federal regulations.)
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Further Reading:
Individual with Disabilities Education Act (IDEA) website (including federal statute and regulations): http://idea.ed.gov/explore/home
State of Illinois Administrative Code, Part 226, Special Education: http://www.isbe.net/rules/archive/pdfs/226ark.pdf
State of Illinois’s Procedural Safeguards for Parents/Guardians: http://isbe.net/spec-ed/pdfs/nc_proc_sfgrds_34-57j.pdf
District 97 Special Education Procedures: http://www.op97.k12.il.us/sped/SpecEdProceduresop97IDEA04%20-%201.pdf
District 200 Special Education Manual: http://www.oprfhs.org/export/sites/oprf/academic_divisions/special_ed/SpecEd_Manual_2009.pdf
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Disclaimer: SEA has made every effort to ensure the accuracy of this information, however, we cannot be held responsible for errors. This information should not be considered legal advice. Please let SEA know if you have any questions, or contact one of the following organizations for more information:
District 97 Special Education Department: 708-524-3030
District 200 Special Education Department: 708-434-3106
Illinois State Board of Education: 866-262-6663
Family Resource Center on Disabilities (http://www.frcd.org/)
Equip for Equality (http://www.equipforequality.org/)
posted by SEA Oak Park River Forest @ 1:14 PM
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