Special Education Law: What Every Parent Needs to Know - Special Education

Written by HealthyPlace.com Staff Writer

Mathilda: What do you do when the local behavioral health dept. is breaking the law regarding its obligation to Special Education Disorder kids in a self-contained classroom?

Pete Wright: More specifics?

Pam Wright: There is no law that requires any type of child to be in a self contained class.

Mathilda: CA has a law -- AB3632 -- that allows group home placement of special education disorder kids if it will help them get the most out of their education. LMHA is refusing 3632 referrals from the schools.

Pete Wright: Sounds like state agency heads need to battle it out. How about CA Protect and Advocacy assisting.

Pam Wright: One interesting side effect from alternative schools is that for many kids, they are making excellent progress because the schools are small and the education is more individualized. So this can be a good thing for some kids.

Kodiak: Do parents have a say in determining what's appropriate?

Pam Wright: Absolutely, that's the law, input at the individualized education plans meeting.

Pam Wright: According to IDEA, parents are equal participants in the IEP process but in reality, many schools do not operate this way!

Pam Wright: However, whatever the parent asserts as appropriate, often damns it, have your private sector expert say it is appropriate.

David: Here's a related question for Pam:

Luvmyson: Pam; what is the difference between what is best and what is appropriate? I have always used term appropriate.

Pam Wright: GOOD FOR YOU! Never use the word "best" - it is fatal! The law says your child is entitled to a Chevrolet (appropriate), not a Cadillac (best)! School people will use the word "best" but parents should always use appropriate.

Pam Wright: Luvmyson, good for you, never use the word BEST, it is a 4 letter word, because, by law, your child is clearly not entitled to it. Never let it sneak into a private sector report either!

Pam Wright: Of course, when we say "appropriate", we are talking about a good program for the child.

hsiehfriel: I have always been careful to use the term 'appropriate,' but the district and I still don't always agree on what's "appropriate." How can parents get past that hurdle?

Pam Wright: Good question and hard to answer here. Your private sector expert should say that XYZ is what the child needs, at a minimum, for an appropriate education.

Pete Wright: That is the hurdle. Read our Understanding Tests and Measurements article at wrightslaw, read it over and over and over, master it, then make charts with power point, take them in to the meeting, visuals are powerful, focus on persuasive skills, ala Spence, that's a start.

DBillin168: Pam and Pete, I have your book and really enjoyed it. My problem is my district ONLY has inclusion, no other continuum of service. My district is saying it can send my child to another district because it does not offer self contained classes (which I feel my child needs) is this true?

Pam Wright: No! The school is required by law to offer a continuum of placements. Inclusion or mainstreaming is the first thing that must be considered, not the only thing.

Pete Wright: They have to offer a continuum, but necessarily within their own district, dependent upon realities and case law. They may have to pay money for the other program.

Pam Wright: Think about it. If the school only offers inclusion, then they aren't individualizing the program to the unique needs of this child.

green9591: If in your individualized education plan for 2000-2001 school year, no mention was made that your child will be attending another program, do you have to send your child to this program even if the existing program may be discontinued?

Pam Wright: The IEP should describe in detail the services the district will provide . . you should read Appendix A which talks about this.

David: Earlier, we were talking about Child Advocates. Here's an answer from one of our audience members:

sheritm: In reference to the question on advocates, the mission of www.amicusforchildren.org is to help parents be the children's first & best advocate by providing them with information that we research for them - based on their individual service requests. Sometimes the situations are so extreme that advocates and/or attorneys are needed. You can look for an advocate through agencies that are specific to your child's disability. And COPAA is a great resource, some state Parent Resource Centers.

Pete Wright: If the program is discontinued where will the child go. The case law replacement and program often waffles about it being the xyz placement at 123 school, and it could be the xyz placement at the 789 school, or the abc placement at the 123 school and schools will often present a change that way and it sells to the court.

Pam Wright: The individualized education plan should specify the child's program, including placement, in detail. You should not sign an IEP if you are uncertain about what your child will receive.