FAQs
Welcome to our FAQ section! Here, you'll find answers to common questions about special education and your child's rights outlined by IDEA and Section 504.
What is IDEA?
IDEA is a federal law the stands for “Individuals with Disabilities Education Act.” IDEA requires all children, regardless of disability, the right to a “free and appropriate” public education in your local public-school setting.
IDEA contains 6 principles:
-
FAPE – “Free and Appropriate Public Education”
FAPE ensures special education and related services are provided at no cost to the parent/ guardian. Services are based on the student’s “present level of performance” or PLEP.
-
LRE – “Least Restrictive Environment”
LRE refers to the placement/ location where learning takes place. It is based on the principle that children with disabilities are most appropriately educated with non-disabled peers. Therefore, children are to remain in the general education setting for all learning needs unless learning cannot be achieved with supplemental aids and services.
-
Appropriate Evaluation – a comprehensive assessment that determines a child’s eligibility for special education services. It helps to identify disabilities and educational needs.
-
IEP – Individual Education Plan/ Program
An IEP is both a “meeting” and a “document”. The meeting is held to go over what is contained in the document. The meeting allows parents and school personnel to make decisions as a team about the student’s individualized educational program. The document serves as a written record of issues discussed and decisions reached in the meeting.
-
Parent and Student Participation
IDEA requires schools to involve parents/ guardians in developing the IEP. Parents must be notified and provide consent. Parent input must also be solicited and considered.
-
Procedural Safeguards
Procedural safeguards are mandatory guidelines that schools follow.
What if I do not agree with the results of an evaluation?
Parents can request an independent educational evaluation and no cost.
What requirements are included in an IEP document?
-
Present levels of academic and functional performance, including how one’s disability affects involvement and progress in the general education setting.
-
Accommodations and modifications (if any)
-
Measurable Goals
Goals should pass the SMART goal test.
Is the goal specific?
Is the goal measurable?
Is the goal attainable?
Is the goal realistic?
Is the goal timed?
-
Benchmarks/ short-term objectives.
-
only required if a student is taking alternate assessments.
-
Methods of how and when progress is measured
-
Statement of special education placement, related services, and supplementary aids and services to be provided
-
Service Delivery: when, where, and how often?
-
Statement regarding the use and need for assistive technology.
-
Explanation of extent, if any, to which the student will not participate with non-disabled peers
What is Assistive Technology (AT)?
Assistive technology is considered any item, piece of equipment or product that is used to increase, maintain, or improve functional capabilities of a special needs student. Examples include but not limited to pencil grips, iPad, communication boards and devices, FM system, etc.
Why is Assistive Technology (AT) important?
AT can provide access to curriculum and improve social and communication opportunities. This supports the student’s right to free appropriate public education (FAPE) in the least restrictive environment (LRE). The IEP team must consider AT in every IEP meeting.
What is a Prior Written Notice (PWN)?
A Prior Written Notice is a document that must be provided to parents explaining the following:
-
Identification (or changes in Identification)
-
Evaluation (initial, re-evaluation)
-
Educational Placement (or changes in placement)
-
IEP (changes to document/program)
What is the difference between RTI and MTSS?
RTI stands for “Response to Intervention”.
MTSS stands for “Multi-Tier System Supports”.
Both are frameworks used to support struggling students. However, RTI focuses on academic needs while MTSS also includes emotional, behavioral, and social needs.
What are Related Services on an IEP?
When a student qualifies for special education, the IEP team will also determine if related services are needed. Related services are additional services required for the student to benefit from special education. Examples include (but not limited to) the following:
-
Audiology/Interpreter Services
-
Counseling
-
Medical Services (to determine eligibility and/or need for services)
-
Occupational Therapy
-
Orientation and Mobility Services
-
Parent Counseling and Training
-
Physical Therapy
-
Nursing
What are Special Factors'?
Special factors are factors that may impact learning. IDEA mandates 5 factors that must be considered in every IEP meeting. They include the following:
-
Behavior
-
Limited English Proficiency
-
Visual Impairment
-
Hearing
-
Assistive Technology
What is Educational Placement?
Educational Placement refers to the student’s entire educational program. It involves services, supports, and the least restrictive environment where services are provided. A change of placement occurs whenever there is a change in services or a change in the location where services are delivered.
Placement = Services + Location
IDEA states parents/ guardians are required to be involved in placement decisions (34 CFR Section 300.501). There will be many educational experts at the meeting, but you are the expert on your child. Therefore, you need to be included in making placement decisions.
What is Section 504?
Section 504 of the Rehabilitation Act of 1973 was enacted to protect people with disabilities from discrimination in programs that receive federal funds. Public schools receive federal funds, they are required to follow Section 504.
Students who have a disability but to do not qualify/ require special education may be able to receive accommodations to ensure equal access to the general education setting.
What is the difference between Section 504 and an IEP?
An IEP provides specialized instruction and services for students with disabilities while Section 504 provides accommodations only
What is a BIP?
A BIP stands for Behavior Intervention Plan.
When a student’s behavior impedes his/her learning or the learning of others, the parents and the school must meet to address the behavior and develop a plan.
A Functional Behavior Assessment (FBA) will be completed to determine why negative behavior is happening; an FBA provides a description of conditions that occur before, during, and after a particular behavior. The FBA should provide the foundation for a ‘positive’ Behavior Intervention Plan (BIP) that is focused on teaching new skills.