Accessing Help for Your Child in the Public School System

While many parents want to find help for their children who are struggling, they often find themselves confused by the legal restrictions and interpretations of special education law. There is also the need to navigate what seems to be common sense and what in fact constitutes our federal and state special education laws. Knowing the law that governs your child both at the state and federal level is essential. However, knowing your child is even more critical. Many parents struggle with the school system because of a reliance on the school system to explain, diagnose, treat, and manage the problems that a child is facing. This happens because families do not realize that many schools are over whelmed and under equipped to deal with an ever increasing range of learning, behavioral, and psychological needs that are beyond the scope of anything that was ever envisioned for public schools. From this crisis arises an issue that many parents are not aware of, they need to be on top of watching how their children are progressing in school. If your child is not reading, it is not a national crisis, but it is something you want to monitor and work with the schools to find out what intervention can be used, alternate approaches and options to help your child learn to read. The same goes in all subject areas. Never assume the school will come to you. As a parent, you have to be prepared to go to them.

Now one of the great misunderstandings among parents and educators is vocabulary, both the words we use and the implications and emotions people draw from those words. Using the example above, if your child is not reading in first grade, there may not be a learning disability. This is a word that gets thrown about quite a bit. There are numerous reasons children do not start reading at predicted rates. Some of them are physical in nature and require correction. Maturity and readiness are also issue we sometimes fail to address in a society that is looking to get from point A to point B in the shortest record possible. All too often the phrase, learning disability gets thrown out before anyone has had a chance to work on program modifications and fear emerges.

Again returning to this example, if you have worries about your child and reading, do not panic but approach the classroom teacher with specific questions and concerns and ask how you can get involved at home. The approach you want to take is one that focuses on the best interests of the child and not a finger pointing approach based in fear, guilt, frustration, and anger. It is not about whether you like the teacher; it is about how to get the child to learn. If what is being done at school is not working, what else can all of you do, to offer a different approach? There are as many reading approaches as there are children in your child's school, if not more. While the school may be married to a specific program there are always other things that can be tried to engage a child in learning. That is one of your jobs as a parent, to encourage the school to find a match for your child.

When a problem does persist children generally are referred, first by a teacher to a small conference group. This group meets with the classroom teacher to discuss what can be changed within the regular education framework to help the child succeed in the classroom. For children facing behavioral challenges this can mean others in the group suggesting behavioral modification techniques, not listed by the teacher on the referral sheet. For learning specific areas, it can mean suggestions on different learning techniques, alterations of curriculum, different approaches and resources, and documenting the results of the changes. Most parents are not aware of this stage and it is not consistent in all schools, although more are trying to move this direction to avoid more special education referrals that are not really qualified for special education services.

This is another area of confusion for some parents. It has two basic confusing parts. The first is that your child can have a documented disability and not qualify for services. The second is that your child can be failing and not be eligible for services because they do not have a documented disability. For many parents this is extremely contradictory and frustrating. The premise of Federal Law 94-142, is that not only do you have to have a disability, but that it has to negatively impact your ability to perform. If you are passing you do not qualify. For some parents they feel this is punishing a child who pushes themselves to succeed. The other issue that gets parents enraged is that there is a group of students that do not fit the label of disability required by law, but still fail without assistance. They are in a very grey area regarding service and one of the many cracks in our educational law.

In order to get the label students must be tested by the school system in which they reside. For learning disabled students, a barrage of tests is given, and those tests do determine the type and degree of learning disability. From there, a determination of services is awarded. Other disabilities require a medical diagnosis in order for a child to be eligible for an IEP, individualized education plan, or a 504, accommodation plan. There are some grey areas under both categories where schools make certain determinations of services in different categories depending on the preference of the school, the needs of the child, or in some cases, it truly is just a matter of clerical filing. It is sometimes hard to understand why two students with the same learning, medical, or health issues have different classifications and sometimes you truly can not find someone who can tell you, it is just how it was filed.

Once you have your diagnosis the school does make an award of sorts under the IEP or 504 regarding the services and modifications that your child will receive. There is good news and bad news here. The good news is you have qualified; the bad news is you are not likely to get the program of your dreams. Money is an issue in every public school when it comes to Special Education and IEP's regardless of what the federal law states. It is up to the parent to know the law, understand its limits, and know your right to appeal, research what needs your child has, and be willing to fight. There are a number of great parent groups on the web who are fully versed in helping others to fight the good fight.

Should you be the parent of a child who does not qualify for an IEP, do not surrender. It is the school's job to educate your child, too. Without special education law on your side, you still have the power of a taxpayer. Work through the system respectfully and honorably but do not be afraid to move beyond it if you really can not get the help you need. Appeal higher, the principal likes to think that the education world stops at the door, but it does not. Work your way up to the superintendent and then the school committee. There are likely other parents who are also frustrated but feel they lack a voice to change the way things are done. Work with them to become a voice for all of your kids.

However, make sure you and your child are doing your part, too. There are lots of great on-line free learning sites. There are plenty of ways to give your child alternate learning opportunities away from school, getting the same concepts in hands on, minds on manners. Make sure you are not expecting more of the schools, than you are giving yourself.

Entering the world of special education can be challenging for parents. Understanding how the system works can put the focus back on doing what is in the best interests of the child.

Sources:

Massachusetts Department of Education
The Basic Special Education Process Under IDEA
http://www.doe.mass.edu/sped/iep/process.pdf

Massachusetts Department of Education
Parent's Notice of Procedural Safeguard's

http://www.doe.mass.edu/sped/prb/pnps.doc

Massachusetts Department of Education
Parent's Rights in Special Education
http://www.doe.mass.edu/sped/2001/paccurricm.pps

Massachusetts Department of Education
Team Determination of Educational Placementhttp://www.doe.mass.edu/sped/iep/forms/word/Form_PL_1.doc