Frequently Asked Questions about Special Education Law

Welcome to the FAQ section on special education law provided by the expert attorney and dedicated team at Goldman Advocacy Law LLC. Our team is dedicated to helping you navigate the complexities of special education law, ensuring your child receives the support they need. We are all-inclusive and are here to offer hope and guidance during your time of need.

What is special education law?

Special education law is a set of federal and state regulations designed to ensure that children with disabilities receive a free and appropriate public education (FAPE) tailored to their unique needs. The Individuals with Disabilities Education Act (IDEA) is the primary federal law governing special education in the United States.

What is the purpose of an Individualized Education Program (IEP)?

The Individualized Education Program (IEP) is a legally binding document outlining a child’s unique educational needs and the specific supports and services required to meet those needs. An IEP is developed by a team of professionals, including teachers, special education providers, and the child’s parents or guardians.

What disabilities are covered under IDEA?

IDEA covers 13 categories of disabilities, including autism, deaf-blindness, deafness, emotional disturbance, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, and visual impairment.

What is the process for getting my child evaluated for special education services?

If you suspect your child may have a disability, you can request an evaluation in writing from your school district. The school must obtain your consent before conducting the evaluation. If the evaluation determines that your child is eligible for special education services, an IEP will be developed.

Can I request an Independent Educational Evaluation (IEE) for my child?

Yes, if you disagree with the results of the school’s evaluation, you have the right to request an Independent Educational Evaluation (IEE) at the school’s expense. The school must either provide the IEE or file a due process complaint to defend their evaluation.

What if the school does not provide the services specified in my child’s IEP?

If the school fails to provide the services outlined in the IEP, you should first address your concerns with the IEP team. If the issue remains unresolved, you may pursue a complaint with your state’s Department of Education or file a due process complaint.

Can my child be disciplined or expelled if they have a disability?

Students with disabilities have specific protections under IDEA. Schools must follow specific procedures before disciplining a student with a disability, including conducting a manifestation determination review to determine if the behavior was related to their disability. If it is determined that the behavior was not related to the disability, the student may be disciplined according to the school’s code of conduct.

What is a Section 504 plan, and how does it differ from an IEP?

A Section 504 plan, governed by Section 504 of the Rehabilitation Act of 1973, provides accommodations for students with disabilities who do not qualify for special education services under IDEA. While an IEP provides specialized instruction and related services, a Section 504 plan focuses on accommodations to ensure the student can access the general education curriculum.

Can I request mediation or a due process hearing if I disagree with the school’s decisions?

Yes, if you disagree with the school’s decisions regarding your child’s education, you can request mediation or a due process hearing. Mediation is a voluntary process where both parties work with a neutral mediator to resolve disputes. A due process hearing is a more formal procedure where an impartial hearing officer makes a binding decision on the dispute.

What are the rights of parents or guardians in the special education process?

Parents and guardians have several rights in the special education process, including the right to:

  •     Be an active participant in the IEP team and decision-making process.
  •     Receive written notice of any proposed changes to your child’s special education services.
  •     Access your child’s educational records.
  •     Request an Independent Educational Evaluation (IEE).
  •     Request mediation or a due process hearing to resolve disputes.
  •     File a complaint with the state’s Department of Education.

How can the team at Goldman Advocacy Law LLC help me with special education matters?

Our team at Goldman Advocacy Law LLC are well-versed in special education law and can help you navigate the complexities of the special education system. We can assist you in:

  •     Understanding your rights and your child’s rights under IDEA and Section 504.
  •     Requesting an evaluation for special education services.
  •     Developing and reviewing IEPs and Section 504 plans.
  •     Ensuring your child receives appropriate services and accommodations.
  •     Representing you in mediation or due process hearings.
  •     Advocating for your child’s rights in disciplinary matters.

At Goldman Advocacy Law LLC, we are dedicated to helping families through their special education journey. Our expert attorney and dedicated team are here to provide guidance and support, ensuring your child receives the education they deserve. If you have any further questions or need assistance, please do not hesitate to contact us. We are here to help you and bring light to the darkness.

Get in Touch with Goldman Advocacy Law, LLC