Special Education
by: Central Virginia Legal Aid Society, Inc.
Special Education
Under the federal Individuals with Disabilities in Education Act (IDEA), all public schools must provide all students with a free and appropriate public education in the least restrictive environment. This means that all handicapped children between age 2 and age 21 have a right to a free, appropriate public education.
Public schools must give each handicapped child a free and proper education. Schools do not have to give the best education possible, but must provide an education designed to meet the special needs of the student. Special education and services must be given to those children who need them. All services needed for the child to get an education have to be free.
Each handicapped child must be carefully tested before being placed in a regular or special education class. All handicapped children have the right to an education in as normal a setting as possible (the least restrictive alternative). Handicapped children must be educated with average children as much as possible (mainstreaming). Every handicapped child must have an Individualized Education Program (IEP). The IEP lists the goals for the child to try to meet, and the services the school must give the child to help meet the goals. The services listed in the IEP must be fully carried out by the school.
A public school cannot use lack of money or staff as an excuse for not doing all of these things. It cannot force parents to choose from the school's own available services if none are proper for their child. If a public school has no proper services, the school must provide them or place the child in a private school and pay the costs. Parents have the right to take part in all decisions about their handicapped child's education. Without a parent's consent, no school can:
1. Test a child's abilities and needs to learn whether he/she has a handicap,
2. Decide which special education services are needed, or
3. Place a child in a special education program.
If a parent thinks his/her child has a handicap, the parent has the right to ask the school to test the child for that. If the school wants to test the child, it must tell the parent what it plans to do. The parent has the right to disagree with any plans made by the school for the child and to ask for a hearing. This must be done in writing to the School Board. The hearing must be held and a decision made within 45 days. If the parent does not agree with the decision, it can be appealed to the State Department of Education and then to U.S. District Court.
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