A lot of them can be studying in public and private schools and despite being given free education, this does not mean that the children are being provided with what they need.
There are some children who are not progressing despite being inside the school for years. If this scenario occurs, parents can give their observations to the IEP in order to make the school liable for the inappropriate education that the child is receiving. The IEP will then decide if the claim is with merit or not.
The IEP team will be the one to determine if the parents claim must be given attention and they will also be the one to decide to refuse the parent’s request for an intensive special education program upon review.
There are many schools that will have a vague and subjective way of teaching children with special needs. In fact, this is not an uncommon thing in the special education litigation system.
Many schools will attempt to defend their IEP by stating that the parent has fully participated in the given IEP process and has agreed to it and therefore the school will not be accountable.
In history, the first type of case that was recorded was in the year of 1982 in the U.S Supreme Court. This was between the Board of Education of Hendrick Hudson Central School District versus Amy Rowley.
The higher court was able to define what free appropriate public education means and the difference of meaning between access to education and basic floor of educational opportunity.
This led to the No Child Left behind Act of 2001 which states that schools are required to adopt high academic standards for learners. This has put pressure on school administrations to check if they are following standard procedures in making sure that children enrolled are being provided with useful special education services.
There are proper ways to document the concern of parents when they do not agree with the IEP team.
Parents need to indicate what they find wrong in the IEP system and what they wish to be changed. They have to make their objectives clear and be observant of the proceedings inside the classroom. Make sure that before they proceed you have an agreement that will state that you are agreeing or disagreeing with the method. This can be used in court.
- Special Education Dictionary
- ADA – Americans with Disabilities Act
- AMAO – Annual Measurable Achievement Objectives
- APD – Auditory Processing Disorder in Children
- CST – Child Study Team
- EHA – Education for All Handicapped Children Act
- FAPE – Free Appropriate Public Education
- IDEA – Individuals with Disabilities Education Act
- IDEIA – Individuals with Disabilities Education Improvement Act
- IEP – Individual Education Plan
- IHCP – Individualized Health Care Plan
- LD – Learning Disabled
- LDT-C – Learning Disabilities Consultants
- LRE – Least Restrictive Environment
- ODD – Oppositional Defiant Disorder
- OHI – Other Health Impairments
- PWN – Prior Written Notice
- RTI – Response to Intervention