A Parents’ Guide to Special Education in North Carolina

[Pages:149]A Parents' Guide to Special Education in North Carolina

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

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? 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.

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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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CHAPTER 6 SCHOOL DISCIPLINE

State Law Discipline of Students with Disabilities

CHAPTER 7 IDEA DISPUTE RESOLUTION

Informal Resolution Options for Parents Facilitated IEP Meetings Mediation State Complaint Due Process

CHAPTER 8 SPECIAL EDUCATION AND PRIVATE SCHOOLS

Child Find Special Education for "Parentally-Placed" Children Special Education for "Publicly-Placed" Children Special Education for "Unilaterally-Placed" Children when FAPE is Disputed Scholarship Grants for Parentally-Placed Students

PART III

CHAPTER 9 FREQUENTLY ASKED QUESTIONS

Eligibility for Special Education

How do I know if my child is eligible for special education? How can I get special education for my child? Can my preschool age child be evaluated for and provided special

education? Is my child entitled to special education if he attends a charter school? What are the basic requirements for a child to get special education? What does it mean for a disability to have an "adverse impact on the

student's education"?

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 What does it mean that the student must require "specially designed instruction"?

Do classroom interventions have to be finished before a child can be evaluated for special education?

What does the term "discrepancy" refer to? What if I think the evaluation done by the school is wrong? Does my child's disability label determine what special education services

she is entitled to? Is my child limited to having only one category of eligibility listed on his IEP? Does a doctor's diagnosis determine my child's category for special

education purposes? Does my child have to fail a grade or his classes to be eligible for special

education? Can my child get special education to address only non-academic needs,

such as behavior, organization, or daily living skills? Does my child's condition have to be permanent for her to be eligible for an

IEP? Once my child has qualified for special education, will he continue to get the

services throughout his time in school?

Special Education Services and IEPs

If my child is determined eligible for special education, what does she get? How are IEPs developed? Who are the required members of an IEP team? How do I know if my child has a good IEP? What if I don't think the IEP is maximizing my child's potential? How are annual goals measured? Are my views on my child's progress taken into account? What should I do if my child comes home from school and says she is not

getting a service on her IEP? What should I do when the school says that it does not have enough money

to give my child the services that my child needs? What if the school has not hired enough trained special education teachers

or aides and thus can't meet my child's needs?

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 May my child lose a part of the school day due to special transportation needs?

Why are there no special education teachers that provide inclusion or pullout services for science and social studies?

Least Restrictive Environment and Placement Issues

What is the "Least Restrictive Environment"? What does it mean for my child to be categorized as "regular," "resource,"

or "separate" on his IEP? Is the "resource classroom" available only to students who are below grade

level? What is "homebound" (also called home/hospital) and when can my child

be placed there? Can a "homebound" setting be used when my child is suspended from

school? If my child is put in a "homebound" setting, how many hours of instruction

should she get? Is it legal for the principal or the IEP Team to require that I pick up my child

early every day? If my child's school does not have an appropriate placement for him, can I

ask to have him moved to another school in the district with an appropriate placement?

Accommodations, Modifications, Supplementary Aids and Services, and Related Services

What does the term "accommodations" refer to? What accommodations are allowed on standardized tests? What does the term "modifications" refer to? What are alternate assessments? Who decides if a modified curriculum such as the Occupational Course of

Study or the Extended Content Standards will be used? What are "supplementary aids and services"? What are "related services?"

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