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Special Education Information
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By Kristen Dehn
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Finding out that your child has a medical condition can be very difficult
for a family, particularly if that child is faced with surgery or a long
recovery. It may be helpful to know that there are many school programs
in place to help a child through this difficult time. A child may be
entitled to special education services under the 1997 Individuals with
Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation
Act of 1973 (Section 504). Below is a brief outline of services that may
be available for your child and the steps needed to request these
services. Keep in mind that each state may have different requirements for
a child to receive special education services
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Age Range
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Students from age 5 through 21 are entitled to special education services
if they qualify. Some states provide services to infants and toddlers and
to children ages 3 to 5. Your local school should be able to tell you if
they provide services for children under age 5.
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Request for Referral
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A parent has a right to request referral to a special education program.
This can be accomplished by requesting a referral from your child’s teacher
or school principal. What a “referral” means is that your child will be
evaluated for special education services. A multidisciplinary team
(meaning more than one person and professionals of various specialties)
will test and evaluate your child for specific educational needs such as
speech, writing, reading, or motor skills. Each state has different
requirements for a child to receive special education services and each
school will evaluate a student according to their state’s guidelines.
If a parent believes that their child should be receiving special
education services but has been denied, there are legal and procedural
steps in place for a parent to try and resolve the issue.
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Individualized Education Program (IEP)
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Once a student has been accepted into a special education program, they will
be placed on an individualized Education Program or IEP. The IEP is an
individualized educational program designed to fit each student’s specific
educational needs. The process of creating an IEP should involve collaboration
between the school, teachers, and the parents or family of the student.
The school will schedule an IEP meeting with the parents and family. During
this meeting, specific goals and objectives for the student for the upcoming
year will be discussed. These goals and objectives as well as related services, if needed, will be put
into a written plan. Throughout the year, the school will give the parents
or family progress reports on how well the student is progressing towards
their goals or objectives. The IEP meeting is a perfect time for the parents
or family to voice their concerns and share with the teachers and school what
goals and objectives they feel are important for their child.
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Section 504
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If a student does not qualify for special education, they might qualify for
services under Section 504. Section 504 is a Civil Rights Act that protects
the disabled from discrimination, including discrimination in education.
A disabled student might qualify under Section 504 but NOT qualify for special
education. In this case, a student would be put on a Section 504 Plan. A
Section 504 Plan would allow for modifications and accommodations to the
student’s education. If a student does not qualify for special education,
ask the school or teachers about the possibility of a Section 504 Plan.
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Collaboration
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While educators might be the experts on curriculum and teaching techniques,
parents are the experts on their child. It is important to remember that
parents and school personnel both want what’s best for the student. The
best possible outcome can be reached if the parents and the school
collaborate to reach the student’s goals. Parents should not be intimidated
by the school or teachers and should feel free to express their concerns. At
the same time, parents should be open to the techniques or suggestions made
by the teacher for the benefit of the student. It is in the child’s best
interest to have the school, teachers, and parents working together.
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Parent Advocates
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If a student’s parents or family are uncomfortable meeting with the school
or teachers or feel that they are not being heard, parent or family
advocates are available. These advocates will explain special education
procedures and even attend meetings with the family, if needed. Advocates can
often be found through disability or special education organizations and
websites.
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Related Services
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If a child qualifies for special education, they may also qualify for related
services. These related services may include occupational therapy, orientation
and mobility services, physical therapy, counseling, and speech pathology.
These services will need to be approved by the school and written
into the student’s educational plan.
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Confidentiality of Information
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Your child has a right to privacy and only school personnel with a legitimate
need to know the information in a student’s record may have access. Third parties
(non-school personnel) cannot access a student’s records unless the parent
gives consent.
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Variety of Services Available
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There is a wide range of possible services available. Some students stay in
their general education classroom but receive small modifications to curriculum
to facilitate their learning. These modifications might be as small as less
homework or more time for test taking. Other students may need to be in a
self-contained classroom and receive highly specialized instruction. It
is important to understand the wide variety of special education
services available.
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Special Considerations for Brain Surgery
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When a person undergoes brain surgery, they will often have parts of their
head shaved. It is traumatic enough for a child to go through brain surgery
without having to go back to school looking different. Many schools have
rules and regulations against students wearing hats to school. But a student
recovering from brain surgery has a right to wear a hat to school until their
incision and scar heals and their hair grows back. A parent should inform the
school and their child’s teachers that the student has had brain surgery and
will need to wear a hat to school until their scalp has healed.
If a parent cannot personally talk to all the teachers at the
school or if it is a particularly large school, the parent should make
copies with the child’s picture on it and a brief explanation of why
they need to wear a hat. The parent should then ask the school to have these
copies distributed into ALL the teachers and school personnel’s mail boxes.
This is the best way to ensure that all school personnel know that this child
is allowed to wear a hat to school.
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Internet Resources
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The following federal government sites provide a great deal of additional
information about the special education process and parent resources.
The Department of Education publication Including
Your Child provides an overview of the many issues and services listed below:
Office of Special Education and Rehabilitation Resources Services
The U.S. Dept. of Education, The Office of Special Education and
Rehabilitative Services (OSERS) is committed to improving results and
outcomes for people with disabilities of all ages. OSERS provides a wide
array of supports to parents and individuals, school districts and states.
It offers explanations of the No Child Left Behind agenda and New
Freedom Initiatives as they relate to special needs children.
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References
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Yell, M.L. (1998).The law and special education. Saddle River, New Jersey: Prentice-Hall, Inc.
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