african-american-students-in-special-education/ Knowing Your Rights A guide for individuals and advocates of Special Education By: Amy Mack Zero Reject Nondiscriminatory Evaluation States are required to identify, evaluate and education student’s with disabilities. If you suspect or know that your child has a disability Local Education Agencies (LEA’s) are responsible to locate, identify and evaluate your child. Zero Reject Law Protection and Eligibility: Autism Deafness-Blindness Deafness Hearing Impaired Mental Retardation Multiple Disabilities Orthopedic Impairments Other Health Impaired Emotional Disability Specific Learning Disability Speech and Language Impairment Traumatic Brain Injury Visual Impairment Including Blindness Students who are eligible for services are between the ages of 6-17 years. Students can be evaluated and provided services until age 21. School Districts are required to pay for residential placements (local area schooling.) School Districts are required to develop IEP’s and follow through with FAPE requirements. Minimum Competency Testing (MCT) provided for students with special needs. To ensure fair and comprehensive educational evaluations IDEA Education Requirements Tests are to be administered in native language Testing must be valid and appropriate Multidisciplinary teams must be constructed for specific needs of the student and tested in areas of disability. Student’s need to be referred before being tested for a disability. Parents must be notified of their due process. (i.e. consent, information given, etc.) Parent’s have rights to file complaints. Reevaluation can take place every 3 years. Evaluations must be completed within 60 days after parent consent Goals are place in accordance with No Child Left Behind (NCLB)  Students in public school are able to perform learning goals while receiving free appropriate education.

Free Appropriate Public Education (FAPE) Least Restrictive Environment (LRE) Procedural Due Process & Parent Participation According to the 5 th and 14 th amendment parents and students are allowed due process. Students with a disability are to receive services at public expense under public supervision to meet the standards of the state’s educational agency. FAPE ensures that parents and students participate in educational decision making. IEP goals set do not guarantee IEP objectives achieved by students. Students with disabilities can not be excluded from an education. Procedural requirements are to be met with FAPE parents should not excluded from their child’s IEP. Parents cannot dictate curriculum method chosen by school to use. IEP for student will be directed towards specified disability. Students with disabilities are entitled to education in a regular education classroom. Students with disabilities should be educated with their non disabled peers to the maximum extent. Students with a disability should only be removed from regular education classroom when severity of disability impedes on their learning and can be satisfied in a separate setting Other LRE Activities:  Extracurricular  Meals  Recreation  Counseling  Athletics  Transportation  Recess  Special Interest Group sponsored by school Parents must be notified and consent must be given. Consent must be given in writing. Parent consent must be provided for preplacement special education evaluation, initial evaluation and reevaluation. Surrogate parent can be appointed if child has no parent. Parents have right to an IEE if they disagree with evaluation results School must provide information for IEE at school cost. Parent and school both have opportunity to request due process hearing. Parents due process rights including being accompanied by legal representation. HCPA allows parents to be reimbursed for legal services but will not be reimbursed if attorney is present at IEP process. Section Federal statute that prohibits the discrimination of individuals with disabilities in programs receiving federal financial assistance. Schools must provide reasonable accommodations and modifications to curriculum, instruction, behavior, and environment. Accommodations are made on an individual basis.

Parent Questions and Resources Parent Resource Program 401 South Elm St. Appleton Outagamie County Developmental Disability Services 401 South Elm St. Appleton Arc of Neenah/ Menasha 375 Winnebago Ave. Menasha If you feel overwhelmed or have questions these are a few local support groups to aid families with disabilities.