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FAQs - Special Education
I have suspected for some time that my school aged child has a learning disability, but teachers have told me that I do not need to apply for special education eligibility since they will continue to work with my child on an informal basis. Should I seek a formal determination of eligibility?
In cases when a parent has a good faith basis to believe their child has a learning disability, the parent should ask for a determination of eligibility through a written request to the school. The local school district is required to evaluate the child and to make a determination of eligibility within 60 days. Private evaluations should be shared with the school during this time. The correct identification of learning disabilities as early as possible is essential to helping the child succeed in school. If the child is eligible for services or accommodations, an IEP or 504 plan is then developed to guide educators in a consistent effort to help the child.
My middle school child has been suspended from school for 10 days with a recommendation for expulsion. She is eligible for special education services as a student with an emotional disability and has an IEP. We have been told that we must attend an “MDR” meeting with school personnel. What is an MDR and why is this required in a disciplinary case?
The MDR is a Manifestation Determination Review. If a child is faced with expulsion or any long-term suspension (over ten days) the school system must determine whether the behavior is a manifestation of the disability, within 10 days of any decision to change the placement of the child. The purpose of the MDR is determine if there is a causal connection between the child’s disability and the behavior that is the subject of the discipline. If the conduct is a manifestation of the child=s disability, the proposed disciplinary action may not be implemented. Instead the school system must address the problem through the normal IEP process.
This is a very important meeting for the parents and the child. Parents should provide direct or written input from therapists, doctors or others who have knowledge of a child’s disabilities.
I have been working with a special education advocate for the benefit of my special needs child. We have reached a point where my advocate recommends that I seek the assistance of an attorney to take my case to a due process hearing. How can your firm help with this next step?
Special Education Due Process hearings are very important legal proceedings that require clear written identification of all potential claims and an understanding of the laws governing special education. For due process cases all school districts are represented by very experienced legal counsel and parents are often at a serious disadvantage. We approach each new case with a thorough preliminary analysis of the facts and circumstances that may be the basis of viable claims. We then provide our clients and their advocates with our opinion of the strength and viability of any claims in their case. We have extensive experience with due process cases, but we also make sure that all realistic resolution alternatives have been identified. Because of our experience with these cases we are often able to implement different approaches to reach a negotiated settlement with the school district.
My child is in elementary school and has been exhibiting behavior problems in the classroom. School personnel seem to focus more on punishing the behavior rather than evaluating the underlying causes. Are there any strategies to break this kind of deadlock?
The Functional Behavioral Assessment (FBA) is a special education process that helps define the causes behind problem behavior. The school must provide this service upon the parent’s request. It is a valuable tool for the assessment of behavior for children with special needs. Parents should ask school personnel to conduct the FBA and reduce the findings to a written report. Once the FBA is completed, the school should then develop a written Behavior Intervention Plan (BIP) that will guide workable interventions to correct disruptive behavior.
My child’s treating therapist has strongly recommended that we place our child in a private therapeutic placement or we can expect further deterioration in school performance. We have shared this written recommendation and supporting documents with school personnel, but we are told that our case does not qualify for public funding of a private placement. What are the criteria and options for placement in a private therapeutic school?
The placement of special needs children in private therapeutic schools is a complex process which requires careful consideration of a number of factors. A school district cannot be held responsible for payment for such placements unless the evidence shows that the school district is not able (or has not been able) to offer the child a free appropriate public education (FAPE) within an identified and existing public school program. The current (or proposed) public school placement must provide the child with a meaningful educational benefit. If the evidence is otherwise, the school district may be compelled to pay for a private placement or services. Also, children who suffer from diagnosed mental health disabilities may be eligible for publicly funded services or placements through local mental health agencies.
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