The Law Office of Lillian E. Wong
A Massachusetts Special Education Attorney

 
 
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This question was originally posted by an individual in Oklahoma on www.avvo.com. 

Here is the unedited text of his question:

If a high school i am attending is clarly messing up my credits in orderfor e to graduate what are my rights?  I have been going to western heights in oklahoma since 2007..and they keep telling me i have thive me the help i need the same credits when i workhard to do what i need to.they keep switching me in and out and wont give me help i deserve

Here is my response:

Have you ever been evaluated for or identified as having a disability?  Do you have an individualized education plan (IEP)?  If so, your school is required by law to provide you with a free and appropriate education (FAPE), through special education and related services.  Special education is not a room or a specific program, but "specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability" and to "prepare them for further education, employment, and independent living." 20 U.S.C. §1401.  If you believe you qualify for special education, but have not been identified, you can request an evaluation.  You also may be entitled to compensatory education if you should have been receiving special education earlier.  Compensatory education is a legal term used to describe future educational services awarded to disabled students for the school district's failure to provide a Free and Appropriate Education (FAPE) in the past.

If you need help advocating for your child's special education rights, contact the Boston area law office of Massachusetts special education lawyer Lillian E. Wong.

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The Maine Department of Education ("DOE") is proposing changes to their special education guidelines.   The Maine DOE claims they are troubled by the variation in special education identification and explain that Maine currently provides more special education protections than required by federal law.  Officials admit that these changes are motivated, at least in part, by budgetary concerns.  Their proposed solution is to streamline special education identification procedures and to eliminate any protections not required by federal law.  But will this "streamlining" result in non-identification of children who should benefit from the Individuals with Disabilities Education Act (IDEA)?   One thing is certain: these new guidelines will provide Maine children in special education will have less legal protection.  For example, in Maine, as in Massachusetts, transition planning begins when the child is 14, two years earlier than federal law requires.  But now, the Maine DOE would like to begin transition planning at 16.  And Maine doesn't seem to be the only government cutting back on special education protections.  I recently came across a similar report about a school district in New Hampshire making changes similar to Maine.  Will we see this trend in Massachusetts?  Stay tuned.
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Question:
What is Texas education law regarding missing school due to a disability?  My daughter is an A student but due to her blood disorder she has missed 20 days from school so far this year. Can she be left back due to her disability? (Houston, TX)

My Answer:
Your child may qualify as a student with a disability under the Individuals with Disabilities Education Act (IDEA) if your child's disability adversely affects her educational performance. If this is the case, the school district must provide your child with an Individualized Education Plan (IEP). The IEP will dictate what services your child receives regardless of where she receives them. Instead of missing 20 days of school, your child might be able to be taught (at public expense) while in the hospital or at home recovering. Then, if the school decides to hold your daughter back due to her disability, they are conceding that they failed to provide her with a Free and Appropriate Education (FAPE) as mandated by IDEA and you may be entitled to compensatory services such as summer school or after school tutoring. Whenever you disagree with the school you are entitled to a due process hearing.
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Beginning this Monday, January 11th at 7:35am, Boston's public radio station WGBH  will begin a 10-part series on called Educating Everyone: The Struggles and Costs of Special Education in Massachusetts.
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This question was posted on Avvo.com by an individual in Melville, NY.  Here is my response:

FERPA stands for the Family Educational Rights and Privacy Act. It gives parents the right to inspect, review, and receive a copy of their child's educational records. Under the law, parents may request that school officials explain the contents of the record, and if the parents disagree with its contents, they may ask the school to amend inaccurate information. FERPA also forbids the disclosure of any "personally identifiable information" about the child without parental consent.

I would recommend hiring a lawyer if you are having difficulty accessing or amending your child's file or if you feel confidential information about your child has been compromised.
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When parents request a necessary, but expensive program or service for a child the school district often claim that they don't have the funding.  This response has become even more prevalent during the current economic recession.   Not only is this excuse impermissible under the Individuals with Disabilities Education Act (IDEA), it may not be true.  A recent Wall Street Journal article reports that school districts have been "redirecting" millions of dollars meant for special education students.  What's more, President Obama has increased IDEA funding by $11.3 billion for the next year.  The bottom line: if your child has a disability covered by IDEA your child is entitled to a Free and Appropriate Education (FAPE).   Cost should never be a factor.
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State and Federal law require that a student's IEP contain measurable post-secondary goals and services called a "transition plan" when the child reaches a certain age.    Massachusetts General Law chapter 71B section 2 (signed into law in August 2008) requires a plan be in place by the child's 14th birthday.  While this is two years earlier than Federal law requires, it is best to begin transition planning long before the child is a teenager.  I encourage all parents to set high but realistic goals with their children and to treat each IEP goal as a small but important step towards their child's post-secondary aspirations.
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Massachusetts General Law chapter 71B section 3 (which became effective on January 8, 2009) grants parents and parent-designated consultants the right to observe their child's current or proposed program.  Observation offers valuable insight into the program, often more valuable than the written description of the program in the draft IEP.  Through observation, parents and their designees can experience first-hand the program's physical environment, the skill and demeanor of classroom personnel, and the types of other students participating in the program.    Through observation parents become more informed about the optimal placement for their child.
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The Preventing Harmful Restraint and Seclusion in Schools Act  was introduced in both the House and the Senate this past December.  The bill has bipartisan support and aims to protect children from sustaining physical and psychological injury from physical restraint and placement in isolation rooms.  For a more in-depth article about the bill click here.
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