Hampton Roads Special Education Parent Support Group

By JoAnn Collins  JoAnn@disabilitydeception.com

Special Education Person:

 “The child must fail before we provide special education services. The law does not allow us to give the child services if we predict they may need them in the future.” “We use screening to decide if a child is eligible for special education services. The law does not state that we must evaluate the child for special education eligibility.” “The child’s difficulties are related to his relationship with his mother, and he does not need services for that.”

All of these statements were told to me in a recent IEP meeting (trust me I couldn’t make these things up) by a special education person!  **Test your knowledge of special education law by answering these questions:

1. Does IDEA require that a child fail before they receive special education services?

2. Does IDEA require that a child still receive a free appropriate public education even if they are advancing from grade to grade?

3. Does IDEA require that a child that is “found” under Child Find be tested for special education eligibility?

4. Does IDEA require that a child transitioning from Early Intervention services be tested for eligibility?

5. Does IDEA allow blaming the parent as a way of not giving the child needed special education services?

Answers:

1. No—The Individuals with Disabilities Education Act does not require that a child fail before they receive special education services. The child must have a disability and have educational needs—that is it!

2. Yes—IDEA requires that even though a child is going from grade to grade they must be given a free appropriate public education.

3. Yes—IDEA 300.111 requires that all children with disabilities residing in the state, including children who are homeless, or are wards of the state and children with disabilities. . .who are in need of special education services are identified, located and evaluated. This language means that school districts must evaluate children who are “found” under child find.

Also under IDEA 300.301 states “Each public agency must conduct a full and individual initial evaluation . . . before the initial provision of special education and related services to a child with a disability under this part.”

4. I believe that it does, though I would check with your state law and make sure that this is required in your state. I found documents on the Illinois State Board of Education’s Website (where I live), that Illinois does require a comprehensive evaluation for children transitioning from Early Intervention, to determine special education eligibility.

5. While IDEA does not state that school districts cannot blame parents for their child’s difficulties; I believe that blaming the parent is a tactic used by many to most school districts! If the special education personnel can convince the parents that the child’s difficulties are their fault, then they can get away without giving the child needed special education services! Unless the parents stand up to the blaming and bullying!

How Did You Do? If you got all the answers right—awesome! If not—its okay keep learning and your child will benefit!

What did I do about all these lies? I filed an 8 page systemic complaint with the Illinois State Board of Education, for several violations of IDEA. A systemic complaint is not made in a child’s name but is made against the system (school district). I will let you know in future additions how the complaint worked out! The reason I filed the complaint is because I knew that if I was being lied to (the person knows that I know the law probably better than she does), other parents in the district were being lied to also!