When A Child Needs Extra Help to Succeed in School
By Areva Martin, Esq.
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As parents, we often wonder, “where does the time go?’’ The earliest years move at warp speed and before we know it, our children are ready for kindergarten. Tricycles are traded in for backpacks, lunch pails and school books.
For many parents these changes mark the exciting fist steps of a long journey towards independence. However, for some the prospect of a child entering school is filled with anxiety because months – even years – before the child reaches pre-school age, his parents have observed their child is different.
Perhaps by age three, the child is not talking; or perhaps he isn’t responding to his name. Still another child may not be engaged in appropriate play with peers. Without knowing exactly what is wrong, parents know their child is not developing typically.
Parents who find themselves in this position should not dismay. Over 30 years ago, Congress recognized the importance of providing an appropriate education to all children – including those that may have cognitive, physical or emotional disorders which impact them in the classroom – by enacting the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. These federal laws provide opportunities for students who qualify to receive an education that meets their unique needs.
Specifically, under IDEA, students with certain disabilities are entitled to a “free appropriate education” or FAPE. This process begins with an assessment or evaluation of the student to determine his disability. The federal law actually identifies a list of qualifying disabilities, such as autism, cerebral palsy, mental retardation and learning disabilities, among others.
If a parent or a teacher believes a child is having difficulty with understanding course materials, interacting with peers, or generally participating in school, then a written request should be made to the principal of the school of attendance. Within 60 days of receiving the request to assess, the school district must conduct assessments and schedule a meeting with the parents and all professionals involved with the assessment to decide whether the child is eligible for special education or accommodation under IDEA or any other federal law. This meeting is termed an individual education program (IEP) meeting. At this meeting, the assessment report is provided and discussed.
The IEP team members include the parents and anyone invited to attend the meeting by the parents (including attorneys, advocates, doctors, family members and supporters). At the IEP meeting, parents can present assessments from any number of evaluators, including private physicians, therapists, tutors or assessors.
The IEP team must decide if, without additional support, the child will be able to participate in the classroom curriculum. Depending on the findings contained in all of the assessments presented at the IEP meeting and any other relevant information, the team may decide that the student’s needs could be met by providing a student with assistance through a series of modifications including preferential seating, providing extended time for the completion of assignments and providing shortened assignments if necessary.
If the team concludes that a student can be assisted with simple accommodations, the team may decide that the child should receive a 504 Plan determination, which does not require a student to be eligible for special education. A student provided reasonable accommodations under a 504 Plan is not entitled to an array of services that are available to him under IDEA. For example, IDEA provides eligible students with a full compliment of related services and a special classroom setting. Students might be entitled to transportation to and from school, speech and language therapy, occupational therapy, counseling and communication devices. Neither “related services” nor special educational settings are available under a 504 Plan determination. Hence, if a student has more involved needs, a 504 Plan may not be appropriate.
Once the IEP team decides whether the student requires special education or a 504 Plan, the team has to decide appropriate placement for the student. Some of the options include assigning the student to a general education class or – at the opposite end of the spectrum – placing him or her in a small class comprised only of students with disabilities, commonly referred to as a “special day class.” Additionally, the team has to decide what, if any, additional services may be appropriate to allow the student to obtain an appropriate education.
Although the law provides children with disabilities with an appropriate education, it does not obligate districts to provide students with the best education. This often leads parents and districts to disagree on what is appropriate. Disputes range from whether or not the child is in need of services to what the appropriate services are to address the child’s needs. These disputes are often resolved at the school level. However, on some occasions, parents have to challenge decisions of the school district by filing a complaint with their local state agency. Such disputes may result in a hearing before an administrative law judge, who decides the issues based on oral and written evidence presented during the hearing.
The key to obtaining the best possible education for a child is for parents is to be aware of any issues and to discuss their concerns with trained professionals including medical doctors, psychologists, educators and if necessary, trained therapists. Being aware of any potential issues and addressing them at the earliest opportunity assures students the greatest opportunity for success in the school setting.
