As a parent, you may think your child needs a specific service or program. Perhaps your belief is founded on some research you did on the internet or a conversation you had with a friend. But how can you convince the school to implement these changes on your child's IEP? If the school agrees with you, that's great. But if the school begins to question your request or flat-out refuses to provide this service or program you need a plan.
First, remember that special education is all about meeting the unique needs of your child. You must prove with evaluations, statistics, or statements from experts that your child will receive an educational benefit from the proposed service or program. You must also be able to argue that without this service or program your child will not receive an appropriate education. Avoid arguing your this program is "best" for your child, since the U.S. Supreme Court held in Rowley that the school is not required to provide your child with the "best" education possible.
This question was originally posted on www.avvo.com. I have edited the original question.
My son was constantly getting suspended ... I told the principal I was going to be asking about if this was legal he told me that my son threatened a substitute... I know my son is no angel but they bring it on by segregating these kids that are in a special needs class. They are not allowed with other students in pe. My son also has an IEP and add / adhd /odd.
Your question raises three interrelated issues:
(1) The Individuals with Disabilities Education Act (IDEA) mandates that children should be educated in the least restrictive environment (LRE) that meets the child's needs. This means you have the right to ask that your child spend as much time as possible with his typically developing peers as long as your child receives an educational benefit. For example, your child may be able to attend music class, field trips and recess with students in general education, perhaps with the help of a one-on-one aid.
(2) You should also make sure that your son has goals related to social skills in his IEP. Perhaps the school could include him in a "Friendship Group," facilitated by the school counselor.
(3) Your child should also be given a functional behavioral assessment. Based on this assessment the school should put a behavior intervention plan in place to help prevent and respond to your child's inappropriate conduct.
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.
It is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.
Brown v. Board of Education, 347 U.S. 483 (1954)
The Law Office of Lillian E. Wong, LLC
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Topsfield, MA 01983
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Topsfield, MA 01983