NAVIGATING THE SPECIAL EDUCATION PROCESS

Across Westchester County and New York State,the beginning of the new school year is a time of both excitement and anticipation. Children and parents alike look forward to seeing friends and returning to the familiar routine but also anticipate new schools, new teachers and the changes they bring.

This transition is most times smooth but can sometimes be the cause of some anxiety and adjustment. This is particularly so for families and children with special needs. Whether toddler or teenager, the autistic child, the child on the spectrum or the child with other physical, emotional or behavioral issues may face unique circumstances and demands requiring intervention and the cooperation of the particular school system.

Appropriate special education services are available in most if not all suburban school districts. Indeed, such services are a child’s right under federal law which guarantees every child a ‘free appropriate public education”. Nonetheless, with resources limited and budgets and bureaucracies stretched, parents often find themselves struggling to get their school district to provide the special education services their child needs. What should be a cooperative effort becomes adversarial. It is then that parents must be sure they have to tools, the information and the guidance they need to protect their child’s interests.

Typically, the special education process begins when a parent or a school staff member makes a referral for an initial evaluation. In the event that someone other than the parent makes the referral, the parents must still agree in writing. Based on the results of the referral, a decision will be made as to whether the child is eligible for special education services.

If the child is deemed not eligible, parents have the right to an Independent Educational Evaluation (IEE). The school district must then either agree to the evaluation at its expense or prove at a Due Process Hearing why its initial evaluation was appropriate. A Due Process Hearing is a formal, impartial hearing at which both sides, the parents and the school, present their positions and a Hearing Officer makes a determination. Alternatively, the school district must make mediation available.

If the child is deemed eligible the parents and school district will draft an Individualized Education Plan (IEP) at an IEP Team meeting. Parents and the school must recognize that the parent is a true team member entitled to participate fully in crafting the child’s IEP. An IEP will list any special services the child needs, one year goals for the child and benchmarks for progress and placement decisions as to where best the child’s needs can be met. The law requires that the child be placed in the Least Restrictive Environment appropriate. Ideally, a child should be placed in a regular classroom where appropriate special services are made available. Again, the parents are entitled to fully participate in this decision making process.

If disagreements as to the IEP arise, the parent and child are entitled to another Due Process Hearing. Assuming an appropriate IEP can be crafted, the IEP team then meets at least once a year to discuss progress, goals and services.

Ideally, the process outlined will be a cooperative one. However, appropriate special education services can be expensive and complex. As a result, parents may find themselves struggling against a school district bureaucracy to secure the services their child needs. Under such circumstances, the parent and child are entitled to have an education advocate or attorney represent them and assist them in securing needed services. Such an ally can bring their knowledge of the education system, available resources and the law to bear in arguing the family’s position. By helping parents learn, understand and articulate their rights, the advocate or attorney can provide families the support they need to obtain the education their child deserves.