SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

Chapter 1

Information on Basic Rights and Responsibilities

From a 13-Chapter Manual

Available by Chapter and in Manual Form

Written by:

Community Alliance for Special Education (CASE)

and

Protection and Advocacy, Inc. (PAI)

Copyright © 1992 by CASE and PAI

Ninth Edition

Revised December 2005

Written permission of the Community Alliance for Special Education (CASE) and Protection and Advocacy, Inc. (PAI) must be obtained for duplication of the materials contained in Special Education Rights and Responsibilities.

These materials are based on special education laws and court decisions in effect at the time of publication. Federal and state special education law can change at any time. If there is any question about the continued validity of any information in the handbook, contact CASE, PAI or a legal authority in your community.

 

Federal special education law was significantly amended by Congress in 2004 and will be further clarified by regulations from the U.S. Department of Education in 2006. The California Education Code has been amended to reflect some of the federal law changes but not all.  In certain circumstances where it provides greater protections or entitlements, California law will continue to control special education pupils’ rights unless it is amended to completely conform to federal law.

CASE and PAI will monitor the development of conforming state law and regulations, so that revised state laws and regulations can be incorporated into later supplements and editions of SERR.

For further information on the development of federal and state law and regulation, or clarification about IDEA implementation, please contact CASE or PAI.

 

Community Alliance for Special Education (CASE) provides legal support, representation, technical assistance consultations, and training to parents throughout the greater San Francisco Bay Area whose children need appropriate special education services. Trained advocates and attorneys assist parents at IEP meetings, Mediation Conferences and Due Process Hearings. CASE also provides free consultations about special education rights and services to parents and professionals by telephone or face-to-face. CASE is a nonprofit organization serving all children with disabilities who need or may need special education services. For more information, contact:

CASE

Protection and Advocacy, Inc. (PAI), is a private, nonprofit organi­zation that protects the legal, civil and service rights of Californians who have develop­mental or mental disabilities. PAI provides a variety of advocacy services, including information and referral, technical assistance, and direct representation. For information or assistance with an immediate problem, call:

PAI

Toll Free: (800) 776-5746

9:00 AM to 5:00 PM - Monday through Friday

 

 

PAI receives funding under the Developmentally Disabled Assistance and Bill of Rights Act and the Protection and Advocacy for Mentally Ill Individuals Act. Any opinions, findings, recommendations or conclusions expressed in this publication are those of the authors and do not necessarily reflect the views of the organizations which fund PAI.

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

TABLE OF CONTENTS

Chapter 1           Information on Basic Rights and Responsibilities

Chapter 2           Information on Evaluations/Assessments

Chapter 3           Information on Eligibility Criteria

Chapter 4           Information on IEP Process

Chapter 5           Information on Related Services

Chapter 6           Information on Due Process Hearings/Compliance Complaints

Chapter 7           Information on Least Restrictive Environment

Chapter 8           Information on Discipline of Students with Disabilities

Chapter 9           Information on Inter-Agency Responsibility for Related Services (AB 3632/882)

Chapter 10      Information on Vocational Education

Chapter 11      Information on Preschool Education Services

Chapter 12      Information on Early Intervention Services

NOTE:              The text in each chapter refers to specific questions in other chapters by using the titles shown above

 

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SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

Chapter 1

Information on Basic Rights and Responsibilities

TABLE OF CONTENTS

Question                                                                                    Page

Introduction. 1

1.               I hear a lot about federal and state laws, and federal and state regulations. What’s the difference?. 1

2.               Who is eligible for services under IDEA?. 2

2(A).        How does the school district determine whether my child has a learning disability?. 3

2(B).       Some categories of disability that qualify a student for special education require that the condition “adversely affect educational performance.” What does that mean?. 4

3.               What are the eligibility criteria for children with disabilities who are three to five years old?. 5

4.               Are there educational programs for children under three years of age?. 6

5.               What is the maximum age eligibility for special education?. 6

6.              Who is eligible for educational program modifications under Section 504 of the Rehabilitation Act of 1973?. 7

7.               I have heard about a new federal law called the No Child Left Behind Act. What are the important parts of that law for children with disabilities?. 8

8.               What is the definition of special education?. 9

9.               Who is responsible for providing special education services to my child?. 10

10.            What are related services and who provides them?. 11

11.            What is an “appropriate” special education program?. 12

12.            What does Least Restrictive Environment (LRE) mean?. 13

13.            What responsibilities do I have in providing special education to my child who has a disability?. 14

14.            How do I make a referral for special education services?. 14

15.            My child is already receiving special education services. May I request additional assessments? When can I expect the assessments to be completed and a new IEP meeting held to discuss the results?. 16

16.            What are the timelines for the assessment and the IEP meeting?. 17

17.            What rights do I have in the assessment and evaluation process?. 17

18.            What is an IEP and how is it developed?. 20

19.            Are there any other services or special factors that must be considered and included in an IEP if appropriate for a student?. 23

19(A).      Must the school include any information specific to graduation and progress toward graduation to a special education student's IEP?. 24

20.            Must my child’s IEP address his involvement in the general curriculum regardless of the nature and severity of his disability and the setting in which he is educated?. 26

21.            What rights do I have in the IEP process?. 27

21(A).      Do all the people from the school who are part of the IEP team or who have information to contribute have to come to the meeting?. 28

22.            What happens if I don’t agree with all or part of the IEP? What are my options?. 29

22(A).      May changes to the IEP be made after the meeting and without another meeting, or in between meetings, such as by telephone or mail?. 30

22(B).      Other than an annual review, are there any circumstances under which the school district must request an IEP meeting?. 30

23.            I agreed with the IEP when it was written, but I no longer think it is appropriate. What can I do?. 30

24.            I’ve been to the IEP meeting, but the school and I cannot agree on the special education, related services or placement my child needs. How can I resolve this difference of opinion?. 31

24(A).      Is there anything I should be aware of as I am preparing my request for a due process fair hearing?. 31

24(B).      At a special education due process hearing, must I persuade the hearing officer that the school has offered my child an inappropriate program or must the school persuade the hearing officer that it has offered my child an appropriate program?. 33

24(C).      How specific should I be in my request for a special education due process hearing?. 34

24(D).      Parents have to provide a great deal of specific information to school districts so that the school districts have a clear understanding of the problems and what the parent is asking for. When school districts want to do something or change something or refuse to do something or change something that a parent wants changed, is there any requirement that school districts give parents specific information about what they are proposing or refusing to do and why?. 36

24(E).       If a school never gave a parent the required prior written notice before the parent requested a due process hearing, does that mean that the school is prohibited from complaining about the sufficiency of a parent's request for a due process hearing?. 37

24(F).       What are the time lines for the school to object to the sufficiency of a parent's request for a due process hearing and for the hearing officer to make a decision on the school's objection to the request?. 37

24(G).      Does the school district ever have to respond to my complaint before the hearing?. 38

24(H).      Does the new "resolution session" replace the mediation conference that used to occur before a special education hearing?. 39

24(I).        If the school district is willing to use mediation instead of the "resolution session," should I use mediation or the resolution session?. 39

25.            What happens to my child if I file for a due process hearing?.