4 Reasons Inconsistent State Special Education Laws May Be Harming Your Child’s Education! By JoAnn Collins Keywords: autism, PDD, Asperger, IDEA 2004, specific learning disability, SLD, IEE by the public, FAPE

Are you the parent of a child with Autism, Pervasive Developmental Disorder (PDD), or Asperger’s who is having a dispute with your school district? Are you concerned about the special education laws in your state and if 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 harming 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 in two or more areas of psychological processing, but cannot be more than 1.5 standard deviations below the mean the mean is the mean). In OSEP’s policy letter to Hugo, OSEP states that this is inconsistent with federal special education law because it can result in children with SLD not being properly identified. A child who does not receive the 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 needed ESY services. For example: in New York, state law says that for a child to receive ESY services, they must have substantial regression (with a long recovery period). They also state that a child must be in self-contained locations, have severe multiple disabilities, or be in a home or hospital location. This is inconsistent with IDEA 2004, which states that ESY services must be determined on an individual basis and given if a child needs the services in order to receive a free appropriate public education (FAPE).

3. Some school districts are preventing parents from “obtaining” IEEs with public funds by using state laws that require “prior notice” or “request” of the IEE. IDEA 2004 (federal special education law) states that parents have the right to “obtain” an IEE at public expense when they disagree with a school evaluation. Some state laws are removing the word “obtain” and adding the words “request” or “pre-notify.” For example: in my state of Illinois, regulations state that parents “must request” a publicly funded IEE rather than parents “having the right to obtain” the evaluation. This can 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 OSEP’s policy letter to Breton, OSEP states: “However, IDEA does not allow a public agency to establish criteria for parental participation in an IEP meeting. Therefore, we maintain that it would be inconsistent with … IDEA for a local educational agency to adopt a general policy that requires 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 defense to ensure that your school; The district complies not only with state law, but also with federal law.