4 Reasons Inconsistent State Special Education Laws May Be Hurting Your Child’s Education!

4 Reasons Inconsistent State Special Education Laws May Be Hurting Your Child’s Education! By JoAnn Collins Keywords: Autism, PDD, Asperger’s, IDEA 2004, specific learning disability, SLD, IEE at public expense, FAPE
Are you the parent of a child with autism, Pervasive Developmental Disorder (PDD), or Asperger’s Syndrome who has a dispute with your school district? Are you concerned about your state’s special education laws and whether they comply with IDEA 2004 (federal special education law)? Many states appear to have special education laws that are inconsistent with federal special education laws. This article will discuss why these inconsistent state laws may be hurting your child’s education.

1. Some school districts are using state laws to deny children eligibility for special education. For example: In Maine, state law requires that children suspected of having a specific learning disability (SLD) must score 1.5 standard deviations below the mean on two or more areas of psychological processing, but they cannot be more than 1.5 standard deviations below the mean (mean is mean). In the OSEP policy letter to Hugo, OSEP states that this is inconsistent with federal special education law because it may result in children with SLD not being properly identified. A child who does not receive necessary special education and related services could negatively affect the child’s education and future adult life!

2. Some school districts are using state laws to deny children the ESY services they need. For example: In New York, state law says that for a child to receive ESY services, she must have a substantial regression (with a long recovery period). They also state that a child must be in self-contained placements, have multiple severe disabilities, or be at home and in a hospital. This is inconsistent with IDEA 2004 which states that ESY services must be determined on an individual basis and provided if a child is in need of services in order for her to receive a free appropriate public education (FAPE).

3. Some school districts are preventing parents from “obtaining” IEEs at public expense by using state laws that require “prior notice” or a “request” for IEEs. IDEA 2004 (federal special education law) states that parents have the right to “get” an IEE at public expense when they disagree with a school evaluation. Some state laws are removing the word “obtain” and putting the words “request” or “pre-notify.” For example: In my state of Illinois, the regulations state that parents “must request” a publicly funded IEE rather than the parents “have a right to obtain” the evaluation. This may prevent you from determining what your child’s disabilities are and what services your child needs for FAPE.

4. Some school districts are using state laws to deny parents “meaningful involvement” in all aspects of their children’s education. For example: In Maine, state law requires parents to submit written statements of concern at least three days before a scheduled IEP meeting. In the OSEP policy letter to Breton, OSEP states: “However, IDEA does not permit a public agency to establish criteria for parental participation in an IEP meeting. Therefore, we hold that it would be inconsistent with… IDEA for a local educational agency to adopt a general policy requiring parents to provide a written copy of their concerns to the IEP team three days before the meeting so that their concerns can be addressed at that meeting.”

Use this information in your own defense to make sure your school; district complies not only with state law, but also with federal law.