Advocacy Tip Sheet #1: How do I get special education for my child?

Download a PDF of this tip sheet here:  How do I get special education for my child?

ADVOCACY TIP SHEET N.º 1:

HOW DO I GET SPECIAL EDUCATION FOR MY CHILD?

STEP ONE: EVALUATION

The school should conduct an initial (sometimes called a multi-factored evaluation (MFE)) to determine eligibility for an individualized education program (IEP).

Tip: Although a school has an affirmative duty (child find) to locate and evaluate children, advise the parent to put the request in writing. This helps to establish timelines.

The initial evaluation must be conducted if the school has any reason to suspect the child might have a disability and is in need of special education.

Tip: Ohio allows for a response to intervention process. This allows a school to implement informal accommodations in the classroom prior to conducting an initial evaluation. Advise parents to be on the look-out for this process which cannot delay the timelines for more formal evaluation if requested by the parent.

The school does not have to conduct the initial evaluation if it does not suspect the child might have a disability.

Tip: The school must provide the parent with prior written notice (PR-01) within 30 days of parent request for evaluation if it refuses to evaluate because it does not suspect a disability.

Tip: Ask the school to also determine whether the child is eligible for a 504 Plan which can provide special education services and accommodations/modifications.

The initial evaluation must be done within 60 days of parental consent for evaluation.

STEP TWO: DETERMINE ELIGIBILITY

The evaluation team meets with the parent to discuss the results of the evaluation. The results of the evaluation are condensed into a document called the evaluation team report (ETR).

The ETR describes the child’s strengths and needs and serves as the basis for the team determination whether the child qualifies for special education under one of the eligibility categories (e.g., specific learning disability (SLD), other hearing impaired (OHI), autism, etc.).

If child is found ineligible, parents can pursue an independent educational evaluation (IEE) at the school district’s expense, or pursue a remedy.

If child is eligible, next step is development of IEP.

Advocacy Tip Sheet #2: What do I do if my school won't follow my child's IEP/504 plan?

Download a PDF of this tip sheet here: What do I do if my school won't follow my child's IEP/504 plan?

ADVOCACY TIP SHEET N.º 2: 

WHAT DO I DO IF MY SCHOOL WON'T FOLLOW MY CHILD'S IEP/504 PLAN?

STEP ONE: UNDERSTAND WHAT IS ON THE PLAN

Get a copy of the plan and read it carefully. The school is only responsible for providing what is on the plan.  

Tip: Work to make sure the plan is written in clear and concrete terms. For example, physical therapy can be provided in a variety of ways, including one-to-one, in small group settings, in the classroom, or in a therapy room. Make sure the plan states with detail what is supposed to be provided.

STEP TWO: TALK WITH THE RIGHT PERSON

Contact the teacher/staff responsible for the part of the plan that is not being followed and discuss with them. Try to work out a strategy for implementing the plan with the responsible staff.

Tip: Incorporate a way to measure whether the plan is being followed. This can include regular reports to the parent about progress or the provision of a service, or targeted data collection methods.

STEP THREE: ASK FOR A MEETING

When issues cannot be resolved through informal discussions with school staff, ask for an IEP or 504 team meeting. All staff necessary to resolve the issue should attend the meeting.

Tip: You may ask for a meeting even if you have already had an IEP meeting during the year. At this meeting you can add services to the IEP or change unclear language.

If your school does not respond to your request for a meeting or refuses to give you a meeting you should put the request in writing. Two weeks is generally a reasonable time for the school to respond to your letter. If a meeting is still not provided, you should contact the Ohio Department of Education (ODE) and ask that ODE staff call your school on your behalf to help you get a meeting.

Tip: Contact your district’s special education coordinator or director to request a meeting. Your school board office can tell you who coordinates special education for your school district.

Agreed upon changes to the plan must be written in the plan. If the school does not agree with your requested change, you should seek support for your position.

Advocacy Tip Sheet #3: What can I do if my child needs more services?

Download a PDF of this tip sheet here: What can I do if my child needs more services?

ADVOCACY TIP SHEET N.º 3:

WHAT CAN I DO IF MY CHILD NEEDS MORE SERVICES?

STEP ONE: REQUEST THE SERVICE

Contact your special education coordinator. Talk with your school's special education coordinator. Ask the coordinator to help you through the process of determining whether a service is necessary for your child. The process would include determining if the service is necessary through an assessment or evaluation, discussing your child's need for the service at an IEP meeting, and writing the service on the IEP.

Tip: If your special education coordinator does not respond to your request, send a follow-up letter requesting an IEP/504 meeting to discuss services for your child.

STEP TWO: PROVIDE SUPPORT FOR YOUR REQUEST

Ask that the school assess whether a specific service is necessary. Your school district is required to determine your child's need for special education services. If your school has not already assessed your child for the service you want, ask for an assessment of your child.

Determine if a more detailed assessment is necessary. You may have information from your child's physician or other sources that your child's assessment needs to include information not usually assessed by the school. Make sure the team addresses a more detailed assessment, if necessary.

Provide information to the school from independent evaluators. Your school should consider any information you can provide which supports your request for a service. Examples of this type of information can include an evaluation from a private speech therapist that recommends school speech therapy, or a prescription from a physician that orders physical therapy services in school.

Tip: School-related services have to be provided only if they are necessary for your child to benefit from his education and receive FAPE. The evaluator should consider this when making recommendations for services in the school setting.

Ask your private therapist/evaluator to communicate with your school. Ask your child's private therapist or evaluator to contact your school to discuss any recommendations. It can be more persuasive for the person making the recommendation to talk with your school than to simply mail the evaluation recommendations to your school.

STEP THREE: MEETING

Schedule a team meeting to review assessment information, determine if additional services are necessary, and modify the written plan.

Advocacy Tip Sheet #4: How do I know if my child is receiving a FAPE?

Download a PDF of this tip sheet here: How do I know if my child is receiving a FAPE?

ADVOCACY TIP SHEET N.º 4:

HOW DO I KNOW IF MY CHILD IS RECEIVING A FAPE?

STEP ONE: UNDERSTAND THE FAPE STANDARD

A free appropriate public education (FAPE) means an education that: is individualizedto your child, is designed to meet your child's unique needs, provides access to thegeneral curriculum, meets the grade-level standards established by Ohio, and provideseducational benefit to your child.

Tip: FAPE does not mean your child is entitled to the best possible education or an education that maximizes your child’s potential.

Your child is entitled to an education that is reasonably calculated to provide educational benefit in relationship to the abilities of your child.

STEP TWO: UNDERSTAND YOUR CHILD’S IEP

Your school is required to provide what is on the IEP. It’s important to make sure that the IEP is clearly written so that you understand what is being provided.

Tip: Have someone review your child’s IEP. An educator, special education advocate, or educational or medical professional can review your child’s IEP and provide you with feedback about its clarity. They may be able to provide you with suggestions for improvement of the IEP.

STEP THREE: REVIEW DATA ABOUT PROGRESS

Your school should collect information and data about your child’s progress on the IEP goals and related services. Check the IEP to make sure it documents data collection. Ask the school to provide you with progress reports and other data. Review the data to determine your child’s progress.

Tip: If your school does not have data to show you, request an IEP meeting to discuss progress. Follow-up on the lack of data and make sure the IEP clearly documents what kind of data will be collected and the responsible person.

STEP FOUR: REQUEST AN IEP MEETING TO ADDRESS LACK OF PROGRESS

If there are no data to review, or if the data show a lack of progress, request an IEP meeting. At the meeting, you can address the lack of data, or modify the IEP to address any lack of progress. The IEP can be modified to include additional services, a change in instruction method, or the addition of staff depending on the needs of your child.

Advocacy Tip Sheet #5: What can I do if my child is suspended or expelled?

Download a PDF of this tip sheet here: What can I do if my child is suspended or expelled?

ADVOCACY TIP SHEET N.º 5:

WHAT CAN I DO IF MY CHILD IS SUSPENDED OR EXPELLED?

STEP ONE: UNDERSTAND THE LAW

Discipline of students with disabilities is complex. Parents should understand a few general parameters and follow-up with the school to ensure that they are followed.

First: Students with IEPs can be suspended from school for up to 10 days in a school year.

Tip: After a student has been suspended for 10 days, special procedural and substantive protections apply. Suspending a child with an IEP for more than 10 days is considered a “change in placement” and the IEP team must determine if further suspension is appropriate.

Second: Behavior that is a manifestation of the disability is treated differently than behavior that is not a manifestation.

Tip: Students whose behavior is a manifestation of their disability cannot be repeatedly suspended from school except for special circumstances (drugs, weapons and serious bodily injury).

Third: A student with an IEP who is “expelled” must continue to get services on the IEP and access to the general curriculum. This access can be in a different location than traditional school.

Tip: Expelled students will receive services in an alternate location. The alternate location should be appropriate for the student and allow that student to continue to work on IEP goals.

STEP TWO: MAKE SURE THE SCHOOL IS FOLLOWING PROCEDURES

Ask for copies of all records related to suspensions or expulsions. This will include behavior incident reports and notices of suspension or expulsion.

Ask for an IEP meeting to discuss the behavior. If the IEP does not provide behavior supports, modify the IEP to include those services.

Ask the school to provide behavior supports. Make sure the school conducts a functional behavior assessment (FBA) and provides a behavior intervention plan (BIP).

Ask for regular data and reports about behavior. Keep a close eye on your child’s behavior in school and the school’s ability to respond to the behavior. If problems continue, request another IEP meeting. 

Advocacy Tip Sheet #6: What can I do if my child is being restrained or secluded?

Download a PDF of this tip sheet here: What can I do if my child is being restrained or secluded?

ADVOCACY TIP SHEET N.º 6:

WHAT CAN I DO IF MY CHILD IS BEING RESTRAINED OR SECLUDED?

STEP ONE: REVIEW POLICY AND RECORDS

Get a copy of your school’s policy on restraint and seclusion. Ohio law requires school districts to have a policy. Get a copy of your child’s IEP to see if the IEP allows for the use of seclusion or restraint. Determine if the school is following the policy and IEP.

Tip: It is not a good idea to allow for the use of seclusion or restraint on the IEP. The IEP should include positive behavior modification techniques instead. If the IEP allows for the use of seclusion and restraint, ask for an IEP meeting to have them removed. Ask the school to include positive behavior techniques instead.

STEP TWO: DETERMINE IF YOUR SCHOOL IS FOLLOWING POLICY

Ohio law requires schools to have policies on restraint and seclusion. At a minimum, the policy requires that:

Every effort be made to prevent the use of restraint and seclusion;

Prone restraint (face down) can never be used;

Schools must use positive behavior interventions and support;

Restraint and seclusion shall not occur except when there is an immediate risk of harm to physical safety;

Every use of restraint or seclusion shall be documented and reported.

Tip: The policy must comply with Ohio’s rule on seclusion and restraint. See, Ohio Admin. Code 3301-35-15, Standards for the implementation of positive behavior intervention supports and the use of restraint and seclusion.

STEP THREE: REQUEST AN IEP MEETING TO ADDRESSCONCERNS

Discuss your concerns about the use of restraint and seclusion at an IEP meeting. The IEP team should discuss how positive behavior modification techniques can be implemented to prevent the use of seclusion and restraint. Request a functional behavior assessment (FBA) if the team does not know the reasons for your child’s behavior.

Tip: Request IEP review meetings throughout the year to review whether the positive behavior techniques are working to prevent the use of seclusion and restraint. You are not limited to one IEP meeting per year.

Advocacy Tip Sheet #7: Does my child have to graduate when they turns 18?

Download a PDF of this tip sheet here: Does my child have to graduate when they turns 18?

ADVOCACY TIP SHEET N.º 7:

DOES MY CHILD HAVE TO GRADUATE WHEN THEY TURNS 18?

STEP ONE: KNOW THE LAW

Students with IEPs in Ohio can receive services until they turn 22. The timing of graduation depends on the child’s individual needs. Even if a student has all required credits to graduate, he can continue to receive services if necessary for a FAPE.

Two major reasons for extending graduation are the provision of transition services, and the acquisition of social and self-care skills.

Tip: When a student turns 22 during the school year, the decision to allow that student to finish out the year is a decision made by the individual school board. Check your school board policy to see if your child has the option to finish out the school year in which he turns 22.

STEP TWO: REVIEW THE IEP

The IEP contains information relevant to graduation. Review the IEP to determine:

Has the school provided appropriate transition planning and services? If not, this may be a reason to delay graduation.

Has your child accumulated all required credits to graduate? If yes, discuss with the IEP team whether your child needs to remain in school to receive other services to prepare him for life or work after high school, such as social and self-care skills.

Has your child met the testing requirements to graduate? Sometimes, students with disabilities are exempted from the consequences of failing to pass state testing requirements. You should determine whether exemption is appropriate for your child and make sure the IEP accurately reflects your position.

STEP THREE: DETERMINE YOUR CHILD’S NEEDS

The decision to postpone graduation is an individualized decision. It is best to include the student in this decision. Ask for an IEP meeting to discuss this issue. Keep in mind that this decision can change depending on the individual needs of the student as time passes. Also remember that many students wish to graduate with their peers. Good transition planning will help to make graduation a smooth process.

Tip: Some school boards allow social graduation. Social graduation allows students with IEPs to participate in the graduation ceremony with their class peers. The student with a disability does not accept a diploma. Rather, he defers the diploma to receive additional services under the IEP.

Advocacy Tip Sheet #8: What if an IEP meeting doesn't resolve my concerns?

Download a PDF of this tip sheet here: What if an IEP meeting doesn't resolve my concerns?

ADVOCACY TIP SHEET N.º 8:

WHAT IF AN IEP MEETING DOES NOT RESOLVE MY CONCERNS?

Special education law provides for a robust system of remedies for parents. These are the available remedies from lowest to highest level.

I. FACILITATION

Facilitation takes place in a team meeting such as an individualized education program (IEP) team meeting, evaluation planning meeting or an evaluation team meeting. The facilitator is a neutral, third party who is not a member of the team and does not make any decision for the team. Having a facilitator assists the team in being productive and keeping the focus on the student. Facilitators are professional mediators who have been trained in special education processes.

II. MEDIATION

Mediation is a voluntary process for resolving disputes between two parties. For mediation to occur, both sides must agree to mediate. The mediation process is facilitated by a trained impartial third party, the mediator, who helps the parties communicate with each other about their concerns in an effort to reach a mutually acceptable solution.

III. STATE COMPLAINT

ODE has instituted effective complaint investigation procedures, allowing issues to be resolved in a timely manner. ODE reviews written and signed allegations concerning violations of state or federal special education law. A state complaint can be filed on issues that are not more than one year old.

IV. DUE PROCESS

Parents, school districts or other agencies (e.g., county boards of developmental disabilities, Department of Youth Services) may request an impartial due process hearing to resolve disagreements about the identification, evaluation and placement of a student or the provision of free appropriate public education (FAPE). The hearing is conducted by an impartial hearing officer who is appointed by ODE. A due process hearing can be requested on issues that are not more than two years old.

V. STATE OR FEDERAL COURT

Any party may appeal a due process decision to state or federal court. The party must completely exhaust the due process system. The system in Ohio has two-tiers. A hearing before an impartial hearing officer (IHO), and an appeal of that decision to a state level review officer (SLRO). A complaint must be filed within 90 days to federal court, and within 45 days to state court.