Washington Lawyer - September/October 2024 - 29

FEATURE
appropriate public education (FAPE) to students needing specialized instruction.
(Note that private school students also have legal rights, but
these are outside the scope of this article.)
What constitutes a FAPE is often a matter of contention between parents
and school systems. Special education is defined as specially designed
instruction, individually tailored to each child based on their disability.
Sometimes, a school system, pressed to conserve its limited resources,
may try to simply place a child in an existing program rather than ensure
that the child's needs drive the type and amount of services. But the
child's needs are paramount and must determine the provision of specialized
instruction. Parents must be vigilant to avoid the school " shoehorning "
the child into whatever program happens to be offered at the
school.
STARTING THE PROCESS
The primary step is to determine if a child is
eligible for specialized instruction. First, they
must be between the ages of 3 and 21. (Other
services are available for children younger
than three but are not discussed here.)
Second, a child must have a qualifying disability
to be found eligible. Some common
examples include autism or autism spectrum
disorder, emotional disturbance, hearing
impairment, visual impairment, intellectual
disability, specific learning disability,
speech or language impairment, traumatic
brain injury, or what's known as " other
health impairment " (like ADHD). This is not
an exhaustive list.
thing gathered by a school because this information may support, contradict,
or add perspective to a school assessment. Continuing to request
school records ensures that parents are updated with any additional information
or documents as they become available.
Once armed with all of the student's records, and hopefully any data
gleaned from outside providers, parents should ask for a meeting with
the school. The school will then assemble a multidisciplinary team (MDT)
comprising a special educator, regular education teacher, and additional
specialists as needed - for example, a speech pathologist, occupational
therapist, and psychologist. Members of the MDT, who attend the meeting
to determine which assessments are needed, will vary depending on
the suspected disability.
It is important for parents
to ensure that the
multidisciplinary team
has all the essential
information on suspected
disabilities so that it can
properly consider the
student and make a
A child may also need " related services, "
which can be standalone or in addition to
the specialized instruction. These supportive
services - such as speech-language
services, occupational therapy, physical therapy, behavior support, counseling,
and transportation - help a student benefit from special education.
It
is the school district's responsibility to " find " each child in need of special
education and related services, which requires the school district to
identify a child that may need specialized instruction and/or related services,
and then proceed with the eligibility process. It is not the parent's
responsibility to bring concerns to the attention of the school. Thus, the
failure of a parent to identify a child as possibly needing services does
not relieve the school district of its " child find " obligation.
MEETING WITH THE SCHOOL
Once the process is initiated through a referral from the school or parent,
the evaluation or assessment begins. It is important to gather records
early, even before meeting with the school. Among the records that parents
need is the complete school file, with every document that the
school has created throughout the student's matriculation.
But don't stop there. Parents may also obtain assessments and evaluations
from outside providers. Outside data is just as important as anycomprehensive
decision.
An evaluation is defined as the procedure used to determine if a student
has a disability, and, if so, the nature and extent of the need for special
education and related services. The evaluation(s)
must be sufficiently comprehensive
to identify all of the student's special
education and related services needs. Otherwise,
the school district will not have met
its responsibility to evaluate.
The number and types of evaluations to be
performed will depend on what disabilities
are suspected. Thus, an attentional disorder
may require a different assessment than a
speech-language disorder, or perhaps the
student will require both assessments. This
is up to the team to decide, with the input
of the parent, who is always an essential
member of the MDT at all points and for all
decisions.
It is important for parents to ensure that the
multidisciplinary team has all the essential
information on suspected disabilities so
that it can properly consider the student
and make a comprehensive decision. If a suspected disability is not properly
considered, then the resulting team decision will not be accurate,
and the child's rights will have been violated. Requesting and obtaining
an independent educational evaluation, possibly at the school's expense,
may be an important step to help parents prove that the student should
be found eligible for services. If a parent disputes a school's evaluation,
a school must authorize an independent evaluation, or it must request
a due process hearing to defend its own evaluation.
Once the team determines which assessments to perform, it should obtain
a parent's consent and then complete the assessments. The team
will meet again to review the assessments and determine eligibility. If the
team decides that the student is eligible for specialized instruction, it will
be required to return within 30 days to create an IEP.
IEP DEVELOPMENT
A multidisciplinary team composed of varied professionals is responsible
for the IEP's development, just as a multidisciplinary team was responsible
for the assessment. A regular studies educator and a special educator
must always be present, and then, as noted previously, the team's other
members will depend on what type of assessments are to be reviewed
SEPTEMBER/OCTOBER 2024 * WASHINGTON LAWYER 29
Washington Lawyer - September/October 2024

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