IF YOUR CHILD IS NOT MAKING
MEANINGFUL PROGRESS


Tests and Measurements for the Parent, Teacher, Advocate & Attorney

Wrightslaw

"Most parents of special needs children know that they must understand the law and their rights. Few parents know that they must also understand the facts. The "facts" of their child's case are contained in the various tests and evaluations that have been administered to the child. Changes in test scores over time provide the means to assess educational benefit or regression. Most important educational decisions, from eligibility to the intensity of educational services provided, are based on the results of psychological and educational achievement testing. Parents who obtain appropriate special educational programs for their children have learned what different tests measure and what the test results mean." See "Parent as Advocate" slide show. (Tap space bar to move through slide presentation.)

If your child is not making satisfactory progress in his/her education program, it is important to document your concerns and work through the "chain of command". Who Is Responsible for Providing FAPE? How to Document Your Concerns When You Disagree with the IEP Team

STEP . Talk with your child's teacher to resolve concerns. You may also wish to observe the class.

STEP . If you decide that your child's program should be revised, send to your child's principal a written request for a meeting to discuss your child's IEP or Service Agreement. After gathering information from your child's teacher, your observations, and any recent evaluations, request revisions in the plan. Prepare a "Parent Attachment":

STEP . If your child's IEP has been revised, but s/he is not making progress, it can be helpful to obtain a re-evaluation. Write to the school's principal and request a re-evaluation of your child's educational needs. You may also obtain an independent educational evaluation (IEE) from a professional who is not employed by the school system. (See "Sample Letter Requesting a Re-evaluation (page 79) or Independent Evaluation (page 80)" in The Right to Special Education in Pennsylvania: A Guide for Parents from the Education Law Center: . Click on "Publications") Keep copies for your records. Submit the IEE to the principal with a written request that the results be included in the district's Evaluation Report (ER). The re-evaluation will be followed by an IEP meeting. To learn about the importance of IEEs, go to: "The Blame Game"

STEP . If you can't reach a mutually agreeable resolution with the School District at the IEP meeting and your child continues to struggle, consult: The Right to Special Education in Pennsylvania: A Guide for Parents (Education Law Center) at . Read your "Procedural Safeguards" to review your legal options. Know all of your options before taking any action. (See "Dispute Resolution Tips)

a. You can request IEP Facilitation through the Office for Dispute Resolution.

b. Request mediation. (Go to Office of Dispute Resolution; Click on "Mediation Guide".) A mediator who is not connected with the district will help you and the school reach an agreement. Mediation is voluntary for both parents and the school and there is no fee for using the mediation service. Attorneys do not attend mediation.

c. You have the right to request a special education due process hearing concerning your child's evaluation, program or placement. To request a hearing, send a written request to your child's principal with copies to your district's director of special education and/or superintendent. Keep a copy for your records. (See The Right to Special Education in Pennsylvania: A Guide for Parents. page 82)

d. If the school does not comply with the law by 1) refusing to evaluate your child, 2) conducting an evaluation which does not comply with state regulations, 3) violating your child's rights by exceeding the 10 day and/or 15 day suspension limit, 4) not implementing your child's IEP, or 5) changing his/her program or placement without telling you, you may file a complaint with the Division of Compliance in the PA Department of Education's Bureau of Special Education or request a hearing. If the issue involves discrimination on the basis of your child's disability, you may file a complaint with the Office for Civil Rights.

For more information, contact::

The Office for Dispute Resolution (ODR)
150 Progress Avenue
Harrisburg, PA 17109
1 (800) 222-3353

ATTORNEYS SPECIALIZING IN SPECIAL EDUCATION LAW:
To obtain a list of attorneys in your area who participate in the "Exceptional Children's Referral Network", contact:

The PA Bar Association
Legal Services for Exceptional Children
Box 186
Harrisburg, PA 17108
1 (800) 932-4637

The Education Law Center can also provide names of Pittsburgh area lawyers with expertise in education law.

For further information and guidance, see The Right to Special Education in Pennsylvania: A Guide for Parents from the Education Law Center and The Right to Disagree: A Parent Guide for Resolving Conflicts Concerning Your Child's Special Education Needs from the Parent Education Network. (1 800 522-5827).

To file a written complaint if you believe your child's rights have been violated, call the Consultline or obtain a Consumer Complaint Form and/or send a letter explaining the details of your complaint along with your child's name, date of birth, school and school district and state your child's disability. Send your complaint and any supporting documents such as the Evaluation Report (ER) and/or Individualized Education Program (IEP) to:

Division of Compliance
Bureau of Special Education
State Department of Education
333 Market Street
Harrisburg, PA 17126-0333
(717)783-6913

To file a complaint with the Office for Civil Rights, go to:
OCR Electronic Complaint Form
Regional Civil Rights Director
Office for Civil Rights, Region III
U.S. Department of Education
3535 Market Street, Room 6300
Philadelphia, PA 19104-3326

REGULAR EDUCATION

If you agree that your child does not require special education but does require educational support, you can request a Section 504 / Chapter 15 Service Agreement.

If you and the school district do not agree on your child's need for Section 504/Chapter 15 services, or the type or amount of services, you may use any or all of these steps:

1. You can request an informal conference with district officials (Send written request to principal.) The meeting must be held within 10 days.

2. You can request a "due process" hearing (Send written request to superintendent.) The hearing must be held within 30 days.

3. You can file a complaint with the Region III Office for Civil Rights with a copy to the superintendent. (See address above.)

4. You can file a lawsuit in federal court under certain circumstances. Before taking this action, you should consult with an attorney.

If the district does not comply with the Service Agreement, you may file a complaint with the Division of Compliance and/or the Office for Civil Rights.

If necessary, go up the chain of command (principal, director of special education, superintendent, school board) one step at a time, in writing, starting with the building principal. Give the administrator at each level about 10 working days to respond. Send copies of earlier correspondence to higher levels. (The amended Sunshine Act of 1993 requires school boards to provide a public comment period during each meeting so that parents and others have an opportunity to raise issues and express opinions on topics before the board.)

For more information go to the Section 504 link.