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Education Law
IDEA (Individuals with Disabilities Education Act)
Federal special education laws give children with educational, physical, or emotional disabilities and their parents important rights not available to children without these disabilities. Specifically, the federal Individuals with Disabilities Education Act (IDEA) gives families of special education children the right to:
have their child assessed or tested to determine their eligibility and needs
inspect and review school records relating to their child
attend an annual meeting of the Committee for Special Education (CSE) and develop a written "individualized education plan" (IEP) with representatives of the local school district, and
resolve disputes with the school district through an impartial administrative and legal process.
Eligibility Under IDEA
Every school district is legally required to identify, locate, and evaluate children with disabilities. After the evaluation, a disabled child may be provided with specific programs and services to address his or her special needs.
IDEA defines "children with disabilities" as individuals between the ages of three and 22 with one or more of the following conditions:
mental retardation
hearing impairment (including deafness)
speech or language impairment
visual impairment (including blindness)
serious emotional disturbance
orthopedic impairment
autism
traumatic brain injury
specific learning disability, or
other health impairment
To qualify for special education under IDEA, it is not enough that he or she has one of these disabilities. There must also be evidence that your child's disability adversely affects his or her educational performance. The adverse impact on educational performance is part of the evaluation.
Once a child is found eligible for special education, subsequent evaluations take place at least every three years. On Long island, the CSE meets at least annually and the student is reevaluated every three years. If you are not satisfied with the initial evaluation or you feel your child's disability or special education needs have changed, your child is entitled to more frequent assessments, and even outside or independent assessments.
In addition, the CSM meeting is the best place to establish the student's needs for specific programs and services. If unsuccessful at the CSE level, the student has the right to an impartial hearing.
IEP (Individualized Education Plan)
Under IDEA, the CSE develops and implements an individualized education program, or IEP, that meets your child's unique needs. The acronym IEP refers to several related things:
The initial meeting where the CSE reviews the evaluations and determines whether or not your child is eligible for special education
a yearly meeting where you and the CSE determine your child's need for programs and services, and to create an educational plan tailored to your child's needs; and
a detailed written description of your child's educational program.
Every written IEP document must include the same information, although forms will vary from one school district to another.
Current educational status -- a description of your child's current "academic achievement and functional performance" in school.
Goals and objectives - "measurable annual goals" designed to meet your child's specific educational needs.
Instructional setting or placement -- a determination of the situation and what programs and services are needed to provide your child with an appropriate education.
Transition services -- considerations of the vocational and placement needs for a child who is 16 or older.
Due process -- your right to take any dispute you have with your child's school district to a neutral third party for resolution. (Parents of children who are not in special education do not have this right.)
Academic Discipline
Increasing attention is being focused on the issue of student discipline, in part as a result of the school violence incidents that have occurred in recent years. With zero tolerance policies being implemented by many districts, and threats of violence being taken more seriously, an increase in the number of expulsion proceedings has taken place. Additionally, parents are more frequently retaining attorneys and challenging the sufficiency of the grounds for an expulsion, as well as the procedures that were followed by the school district in the course of the disciplinary proceedings. An attorney representing the student at the hearing can assure that proper procedure is followed in an expulsion hearing. Certain steps and precautions should be followed when investigating the incident that led to the expulsion recommendation, and when preparing for and participating in the expulsion hearing.
The number of parents who retain lawyers to challenge expulsions has increased significantly in recent years, in an effort to nip an issue on the bud, and to be prepared for legal challenges. Although an expulsion hearing is an administrative rather than a court proceeding, care still must be taken to assure that a student's due process rights are met.
For more information, a full article can be found here:
http://knowledgebase.pub.findlaw.com/scripts/getfile.pl?FILE=articles/ddtwbllc/ddtwbllc000001&TITLE=Subject&TOPIC=education%2520law_student%2520rights
