Archive: Around Town

My child struggles in school and I wonder if she needs special education. I don’t understand the special education process.  Where do I start?

First, it is important to learn about the laws that make up the world of special education.  The Individuals with Disabilities Improvement Act of 2004 (IDEA 2004) is the federal law that governs the provision of special education services.  This law has been in existence since 1975, better known as Public Law 94-142: Education of All Handicapped Children Act.  To receive federal funds, each state must develop and implement policies that assure a free appropriate education (FAPE) to all children with disabilities.

States must be consistent with federal law, however, they may differ where the federal law is silent in a specific area. In some states, the law may even go beyond federal law requirements.  State regulations for implementing the federal laws also vary from state to state.  To learn about the federal and state special education laws, go to the U.S. Department of Education website and your State Education Department of residence.

The purpose of IDEA is to protect the rights of children with disabilities and their parents to receive services necessary to meet a child’s unique and individual needs, and to prepare for further education, employment and independent living.  In describing the purpose of IDEA 2004, the operative word is unique. What this means is that children who are diagnosed as having, say a reading disorder, may require educational services and interventions to address their specific individual reading challenges.  A diagnosis, such as a reading disorder, is a broad umbrella term for a set of characteristics that may or may not be specific to your child’s reading challenges.  This is why it is crucial (and it is a legal right) to have a comprehensive assessment administered to determine the nature of the reading challenge for the individual child. 

Not all children with disabilities require special education services.  Children with disabilities who are able to access and make satisfactory progress in the general education curriculum may not require special education services.  They may, however, be eligible for accommodations or modifications that follow a different set of laws: The Americans with Disabilities Act of 1990 (ADA).

Parents are a child’s first and best advocate; they play an integral role in the process of obtaining appropriate special education services for children with disabilities.  Getting the process started, knowing with whom to talk and where to get information can be a monumental undertaking fraught with roadblocks such as misinformation and misunderstanding, schools having to fulfill mandates with limited funds, troubleshooting in unknown territory and anticipating the ins and outs of a complicated process.

Keep in mind that your child has a legal right to receive free and appropriate special education services if he/she meets eligibility requirements.  As a parent, you may have to work for these rights and sometimes parents have to work hard at it. Henry Wadsworth Longfellow said, Perseverance is a great element of success. If you only knock long enough and loud enough at the gate, you are sure to wake up somebody. Persevering and advocating begins by understanding your rights, procedures, and the process. There are numerous resources available to parents to help them advocate for their child.

Next time we’ll address another parent’s question: I have submitted a written request to the school for my child to be evaluated for special education services.  What will happen next?

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Nina C. Aasen is a lawyer practicing in Ithaca, New York, focusing primarily on Special Education Law and related issues.

Betsy Grigoriu, PhD, is a consultant and advocate with Educational Consulting Services in Ithaca, NY.
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