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Special Education for Special Children

One of the most important things we can do for our children is to become knowledgeable. It is our job, as parents, to learn as much as possible about topics that can affect our children's development and potential. For this reason, we are featuring information on educational rights for children with disabilities, as stated in the Individual with Disabilities Education Act (better known as IDEA97).

Before the year 1975, the special educational needs of children with disabilities were not being met. More than one-half of the children in the United States with disabilities were not receiving an appropriate education and 1,000,000 of them were excluded entirely from the public school system. Because of the lack of services in public schools, families were often forced to find services at their own expense.

Then, in 1975, a law known as the Education of All Handicapped Children Act (EHA) was passed, which addressed the rights and educational needs of children with disabilities. Children with disabilities were given access to free appropriate public education. In 1990, the law was reauthorized and renamed the Individuals with Disabilities Education Act (IDEA). It mandated that special education and "related services" were provided to children.

After addressing the needs of children with disabilities for twenty years, there were still some issues that needed to be resolved. Therefore, on January 7, 1997, Congress put forth amendments to IDEA and the act became known as IDEA97.

The purpose of IDEA97 is:

(A) "to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for employment and independent living;

(B) "to ensure that the rights of children with disabilities and parents of such children are protected;

(C) "to assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities;

(D) "to assist States in the implementation of a statewide, comprehensive, coordinated, multi disciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families;

(E) "to ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting systemic-change activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services; and

(F) "to assess, and ensure the effectiveness of, efforts to educate children with disabilities."

As you may have noticed, the term "children with disabilities" is very frequently used in the Act. Do you every wonder who qualifies for being a "disabled child?" According to the law, a child is disabled if they have "mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance (hereinafter referred to as emotional disturbance), orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities" and need "special education and related services."

If your child is considered disabled, by the criteria shown above, then it is imperative that you understand exactly what is meant by the terms "special education" and "related services." Special education is defined as "specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings" as well as "instruction in physical education."

Related services, however, is a bit more detailed. It is something you should become familiar with to ensure that your child is receiving what he or she is entitled to. The definition for related services is "transportation, and such developmental, corrective, and other supportive services... as may be required to assist a child with a disability to benefit from special education, and includes the early identification and assessment of disabling conditions in children." Following are some of the more important related services:

(A) Transportation - For those children who need special assistance because of their disability, the school district must provide travel to and from school, travel in and around school buildings, and specialized equipment (such as adapted buses, lifts, and ramps). The family is in no way responsible for any of the costs associated with transportation services.

(B) Speech-Language Pathology - This service is provided by speech-language pathologists (SLP) for children with communication disabilities. The SLP will assess the child and diagnose disorders of language, articulation, and cognitive communication disorders. Services provided may include the use of augmentive or alternative communication systems. In addition, the SLP should refer the child to a medical professional when necessary, for the habilitation of speech.

(C)Audiology Services - Service are generally provided by audiologists who screen, assess and identify children with hearing impairments. They will determine the range, nature, and degree of the hearing impairment and make referrals to medical professionals when necessary. They provide language habilitation, lip reading, and auditory training, and select and fit a hearing aid.

(D) Psychological Services - These services are available when necessary to help the child benefit from their education. School psychologists are responsible for administering and interpreting psychological tests, obtaining and interpreting information about the child's behavior, consulting with the school staff to plan an education program, and providing counseling for both the child and parents.

(E) Physical Therapy - Therapy is provided when prescribed by your child's physician. Physical therapists provide treatment to increase muscle strength, mobility and endurance. They focus on gross motor skills and work on improving the child's posture and gait. In addition, the physical therapist monitors the function, fit, and proper use of mobility aids and devices.

(F) Occupational Therapy - Therapy is provided for children with disabilities that impair their daily living skills. This includes eating, dressing, writing, using scissors, playing, and improving other fine motor functions. The goal of the occupational therapist is to have the child function in the least restrictive environment.

(G) Recreation - This is considered a related service because all children need to learn how to use their leisure time constructively. It can improve socialization skills, hand-eye coordination, and physical, cognitive, and language development. A recreation therapist will provide therapy to remediate functional activities, provide leisure education for learning the skills related to leisure involvement, and help the child participate in recreation.

(H) Social Work Services - These services are provided in order to address the whole welfare of the child with the disability. The need for services comes from the idea that there may be factors outside of the school that may be affecting the child's educational performance. The school social worker should prepare a history of the child, provide group or individual counseling to the student and family, and work with problems in the child's living situation.

(I) Counseling Services - These services are provided by counselors to help the child with career awareness, improve their understanding of self, and to improve their behavioral adjustment.

(J) Medical Services - These services are provided by a licensed physician to diagnose the child and determine the need for special education. The services do not, however, include on-going medical treatment.

(K) Health Services - School health services are necessary because many children would be unable to attend a day at school without supportive health care. Services are typically provided by a qualified nurse or a trained non-medical person. Some of the services provided are special feedings, catheterization, suctioning, and administering medications.

(L) Other miscellaneous services - These would include parent counseling and training, assistive technology, and artistic/cultural therapy (such as dance and music therapy).

Determining which of the related services your child should receive is most often done in the child's evaluation process for special education.

One of the goals of IDEA97 is to enhance the development of infants and toddlers with disabilities and to minimize their potential for developmental delay, as well as enhance the capacity of families to meet the special needs of their children. Therefore, it is mandated that the state provide a multidisciplinary assessment of the strengths and needs of the infant or toddler and identify appropriate services. This assessment is then to be followed up by a written Individualized Family Service Plan (IFSP).

The appropriate services for infants and toddlers are a part of what's called "early intervention services." These services are developmental services that are provided under public supervision, are at no cost to parents (except where written by Federal or State law), focus on areas of physical, cognitive, social or emotional, and adaptive development, and include such services as: family training and counseling, special instruction, speech and audiology, occupational therapy, physical therapy, psychological services, vision services, and assistive technology devices and services.

According to the Act, an IFSP should include:

A) a statement of the child's present levels of physical, cognitive, communication, social, and adaptive development;

B) a statement of the family's resources, priorities, and concerns regarding the development of the child;

C) a statement of the major outcomes expected to be achieved for the child and the criteria, procedures, and timelines used to measure the progress;

D) a statement of specific early intervention services necessary to meet the child's needs and the method for delivering these services;

E) a statement of which services will be provided in a natural environment, and those that will not;

F) the projected date for the services to begin and the anticipated duration of services;

G) the identification of the service coordinator who is most qualified to manage the services;

H) and the steps that will be taken to transition the child to preschool.

The IFSP must be fully explained to the parents and informed written consent from the parents must be obtained prior to the provision of early intervention services. The IFSP must then be evaluated once a year and the family should receive a review at least every six months.

Once a child reaches the age of three, the early intervention services are terminated and the child becomes eligible to receive special education and related services through their school district. However, before special education and related services are provided to a child, the educational agency must conduct a full evaluation. The purpose of the evaluation is to determine whether the child has a disability, as defined by the Act, and to determine the educational needs of the child. The agency must obtain parental consent before the evaluation is to be conducted.

The educational agency must adhere to several guidelines when administering the evaluation. They are to use a variety of assessment tools, including information from the parent, to determine whether the child has a disability. The agency may not use any single procedure as the sole criterion for determining whether the child has a disability or determining an appropriate educational program for the child. Last, the agency must use technically sound instruments for assessing cognitive, behavioral, physical, and developmental factors. When the evaluation is complete, the decision must be made by a team of qualified professionals and the parent.

If the IEP team finds that the child is not eligible to receive special education and/or related services, the law states that parents are entitled to receive an independent evaluation at public expense. If the school district refuses to pay for the evaluation, parents may ask for a hearing to resolve the issue, and they have the right to take civil action. If the parents wish to pay for an independent evaluation, the school district must take the results of the private evaluation into account when making a decision regarding the eligibility of the child.

However, should it be determined that the child does have a disability and requires special education and/or related services, an Individualized Education Plan is created (IEP). An IEP is a written statement that includes the following:

A) a statement of how the child's disability affects his or her involvement in the general curriculum or appropriate activities;

B) a statement of measurable annual goals and how they will be measured, including benchmarks or short-term objectives;

C) a statement of the special education, related services and supplementary aids to be provided to the child;

D) an explanation of the extent to which the child will not participate with nondisabled children in the regular class and in the activities;

E) the projected date for the beginning of the services and the anticipated frequency, location, and duration of the services;

F) and a statement of how the child's parents will be informed of progress (i.e. report cards).

The IEP team should include the parent, a regular education teacher (if the child will be participating in a regular education environment), a special education teacher, a representative of the local educational agency, and, at the discretion of the parent, other individuals who have special expertise regarding the child. In addition, the child with the disability should be involved, when appropriate.

The IEP team must consider special factors that affect the child. For example, for the child with behavioral issues, there must be strategies and interventions to address the behavior. And, the child who is blind must receive instruction in Braille, unless deemed inappropriate. In addition, all children should be considered for the use of assistive technology devices and services.

When a child is ready to begin receiving the services listed in the IEP, the parent will learn that there are two different kinds of related service interventions offered by schools. The first is known as direct therapy, where there are hands-on interactions between the therapist and student. The second is known as indirect therapy, where the therapist teaches other team members or assistants to carry out the activities. Many parents do not agree with indirect therapy, feeling that their children should receive the attention of only the professional. However, it is becoming a trend to provide indirect therapy for many different related services.

Many times a parent will feel as though their child's needs are not being addressed. Resources may seem scarce and services may appear to be unavailable. In fact, school districts often face a shortage of personnel and, therefore, assign too many students to their current staff. However, there are a few things you can do, as the parent, to ensure that your child is receiving a proper and comprehensive education. First, make sure your IEP clearly states the related services your child is expected to receive. Second, be positive when dealing with your school district. A good attitude will get your further than negative confrontations. Last, get involved in the coordination of services. Don't rely on an agency to manage the needs of your child. There are resources outside of the school district that your child may be eligible to receive if the school is unable to provide necessary services.

Managing your child's education can be both frustrating and rewarding. You will encounter obstacles and challenges, yet you will experience joy and pride. Regardless of what you are going through at any given moment, it is imperative that you remember one thing: you, as the parent, are the most important member of the team and hold the most critical role in your child's education.

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