A Parents’ Guide to Special Education in North Carolina

A Parents' Guide to Special Education in North Carolina

By Jane Wettach Children's Law Clinic Duke Law School Durham, NC

? 2017 Jane Wettach Children's Law Clinic

Duke Law School Box 90360

Durham, NC 27707

Note: Users of this Guide are welcome to print a single copy for personal use. Otherwise, all rights are reserved. This Guide or any portion thereof may not be reproduced or used in any manner whatsoever without the express written permission of the author except for the use of brief quotations.

The Children's Law Clinic is a community law office that provides free legal advice, advocacy, and legal representation to low-income children and their parents regarding special education matters. The clinic is staffed by Duke Law students who bring their compassion, commitment, and energy to the task of advocating for at-risk children. Since its establishment in 2002, the Children s Law Clinic has represented hundreds of children from a wide region around Durham. Families seeking advice or representation should call 919-613-7169 to be screened for eligibility.

A legal project of Duke Law School focused on protecting children

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Acknowledgements This guide was prepared with the assistance of many people over a number of years. Special credit goes to Virginia Fogg, now Senior Attorney at Disability Rights NC in Raleigh, NC, who inspired the project as far back as 2012. Law Student Elisa Greenwood, Duke Law '13, provided early structure and support needed to begin making the Parents' Guide into a reality. Virginia Chiao, Duke Law '16, made major contributions during her summer internship with the Children's Law Clinic. The fall semester class of 2016, with able technical support from Miguel Bordo, happily contributed their voices and faces to the video portions of the Guide. Other law students along the way have made many individual contributions to the Guide. Rachel Flores in the Duke Law Communications department brought her talent in graphic design to the Guide. Children's Law Clinic Supervising Attorney Brenda Berlin provided excellent editorial and moral support throughout. Many thanks to all!

-Jane Wettach

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Contents

Introduction

PART I

CHAPTER 1 ? A LITTLE BIT OF HISTORY AND A BIG IDEA

Special Education: The Big Picture What is Special Education? Who Should Get Special Education? Where is Special Education Provided? How Can I, as a Parent, Know Whether My Child is Getting the Right Special Education? What are the Steps for Getting Special Education?

CHAPTER 2 ? THE BASIC PROMISE OF THE IDEA

A Child with a Disability A Free, Appropriate Public Education Individualized Educational Program (IEP) Least Restrictive Environment (LRE)

CHAPTER 3 ? SPECIAL EDUCATION TERMS AND CONCEPTS

Early Intervention/Infant-Toddler Program Response to Intervention/Multi-Tiered Systems of Support Child Find Referral Independent Educational Evaluation Transition Services Re-evaluation Extended School Year (ESY) Moving from School to School Ending Special Education Services Parental Rights Prior Written Notice Informed Consent/Parental Consent 504 Plans

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PART II

CHAPTER 4 ? UNDERSTANDING EVALUATIONS AND EDUCATIONAL TESTING

Introduction The Testing Process Types of Testing Scoring of Tests What to Look for in a Report Suggested Questions to Ask About a Report Independent Educational Evaluations Some Terms to Know

CHAPTER 5 ? APPROACHING IEPS AND IEP MEETINGS

The IEP Form Category of Eligibility Student Profile Assessment Information Parent's Concerns Parent's/Student's Vision for Student's Future Consideration of Special Factors Present Levels of Academic and Functional Performance Benchmarks or Short-term Objectives Annual Goals Measurement of goals Assistive Technology Related Services Specially Designed Instruction Least Restrictive Environment Testing Accommodations General Accommodations/Modifications/Supplementary Aids and Services Transition Planning and Activities Extended School Year Status Signature page IEP Minutes Prior Written Notice Completed IEP document Amended IEP

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