Rights to Special Education:
Information for Parents of Mentally Ill Children
Adapted from material prepared by Alice Kohn
This
article has been prepared to provide you, the parent, with a brief overview of
the laws regarding the education of students with disabilities. Resources are
provided to assist you with meeting your child=s
special needs and rights in school. You are the best advocate for your child.
Overview
of Laws
Free Appropriate Public Education (FAPE)---Children with disabilities are entitled to a public
education, appropriate to their needs, at no cost to their families. Also
includes children with disabilities who have been suspended or expelled from
school.
Least Restrictive Environment (LRE)---Children with disabilities must be educated with
students without disabilities as much as possible and as close to home as
possible.
Supplementary Aids and Services (Related Services or
Designated Instructional Services)---Children
with disabilities must be provided the services they need in order to benefit
from their educational program. Some examples are: physical therapy,
occupational therapy, speech therapy, counseling, classroom aides, sign
language interpreter, vision therapy, etc.
Fair Assessment/Evaluation---A fair assessment must be completed to determine
the child=s needs. This may be done only with the parent=s informed consent. It must be done prior to
identification for special education services, and every three years, or
earlier, if requested.
An Individualized Education Plan (IEP)---must be written annually for all children with
disabilities. It is prepared by a team comprised of those people who assessed
the child, appropriate school district personnel and the parents (an integral
part of the team).
Due process rights ensure that no changes can be made
in a child=s program without prior notice to the parents.
Further, due process provides a mechanism for the resolution of disagreements.
The IDEA Amendments of 1997 focuses on the rights of
parents to be involved in educational decisions affecting their children ---
including eligibility and placement decisions which are reinforced and
strengthened throughout the bill. Current Federal legislation requires that
school districts provide an explanation of the procedural safeguards available
to parents whenever a district proposes to initiate or change the
identification, evaluation, or educational placement of a child.
What does this mean?
A student must be enrolled in special education in
order to receive the services mandated by IDEA. Students with emotional
problems, physical disabilities and health impairments, and other conditions
are eligible for special education and related services. No portion of the cost
of providing related services can be passed on to the parent or guardian.
Related services incude school health services,
psychological services, and medical services for diagnosis and evaluation, and
counseling. The law mandates that every child in special education have
a written plan called an Individualized Education Plan (IEP). The
IEP is reviewed annually. You can ask to have the IEP team meet at any time, if
you feel there are changes that need to be addressed. Appropriate times include
entry to a new school, re-entry after hospitalization, whenever their medical
care routine changes.
You can request a meeting with the school nurse and
develop a Health Care Plan. A Health Care Plan explains the student=s daily needs, outlines staffing, and reviews possible
health problems and solutions. This plan should be attached to your child=s IEP if your child receives special education
services. Always provide your child=s school
with hospital discharge summaries, copies of doctor=s orders, and updated emergency information.
Communication with your child=s school is important. You can improve your
relationship with your child=s school by:
·
Having frequent
visits with your child=s teacher and specialists.
·
Being available
to do training or answer questions about your child=s procedures, medications, or equipment.
·
Asking for
suggestions of activities to do at home that will support and strengthen your
child=s progress at school.
Volunteering as a Classroom Parent
Remembering that by working together with the school
staff, you will be able to achieve what is best for your child.
Where to get copies of Federal laws:
PL0105-17-IDEA >97 -- Specific regulations for the amendments to the
Individuals with Disabilities Education Act (IDEA) (PL 94-142) formerly the
Education of All Handicapped Children Act 34 Code of Federal Regulations
--- Part 300 to 399 Office of Special Education and
Rehabilitation Services.
Write or call:
Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954
(202) 512-1800
Note: Materials can be ordered and charged to a VISA
or MasterCard over the phone. Check with your Congressman/woman to see if they
will mail a copy to you free.
PL93-112---Rules
and Regulations governing federal non-discrimination on the basis of
disabilities in programs receiving federal funds. Section 504 of the
Rehabilitation Act of 1973: Write or call:
Office of Civil Rights, Region IX
Old Federal Building, Room 239
50 United Nations Plaza
San Francisco, CA 94102
(415) 556-4275
PL101-336---Regulations
and publications can be obtained by writing or calling:
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(800) 669-3362 (Voice)
(800) 669-3302 (TDD)
Note: For specific state laws and regulations, contact
your state department of education.
NICHCY
NICHCY is the National Information Center for Children
and Youth with Disabilities. NICHCY acts as a national information and referral
center that provides information on disabilities and disability-related issues
for families, educators, and other professionals. NICHCY=s special focus is children and youth (birth to age
22). NICHCY provides information and makes referrals in areas related to:
* Specific
disabilities
* Early
intervention
* Special
education and related services
* Individualized
education programs
* Family
issues
* Disability
organizations
* Professional
associations
* Education
rights
* Transition
to adult life and much, much more!
NICHCY=s services include responses to your specific
questions. Information specialists are available to speak with you about your area
of interest or concern. Call NICHCY at 1-800-695-0285, or write to:
NICHCY
P.O. Box 1492
Washington, DC 20013,
or e-mail nichcy@aed.org
NICHCY makes available a wide variety of publications,
including fact sheets on specific disabilities, state resource sheets, parent
guides, bibliographies, and ANews Digest@ and ATransition Summary.@ Most
publications can be printed off the Internet. You may also request documents in
print. NICHCY publications are also available in Spanish, on disk, and as
camera-ready originals. NICHCY can put you in touch with disability
organizations, parent groups, and professional associations at the state and
national level. NICHCY can provide an information search specific to your unique
needs and concern.
For more information about Mental Illnesses - Contact: The Alliance for the Mentally Ill NAMI of
Greater Chicago 1536 West Chicago Ave, Chicago, IL 60622 Phone: 312-563-0445