Your Child's Rights Under the Law
(Much of this section has been copied from the Oral Deaf Education website)
In 1975, the United States Congress passed into law, a bill called "The Education of All Handicapped Children Act". Its official designation was Public Law 94-142. It has since been revised as "Individuals with Disabilities Education Act" (IDEA).
20 United States Code Secs. 1400 and following 34 Code of Federal regulations, Part.300 (1997 Amendments)
IDEA entitles every special needs child to:
- A free and appropriate public education. The spirit of the law intends that the education of a special needs child be appropriate to the child's needs. Parental input is important in determining what is appropriate. The education is provided at public expense and under the supervision of the state educational agency, but not necessarily an education within the public schools.
- An education within a "least restrictive" environment. This refers to the setting of the child's education. That setting should not restrict the child's potential for growth. IDEA requires public agencies to establish procedures to ensure that to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. (Source: Federal Register, Vol. 57, No. 211).
- A nondiscriminatory evaluation of needs by a multidisciplinary team. This is to assure that the evaluation of your child's needs treat all areas of growth and development. It also assures that the evaluation will be fair and free of bias.
Nondiscriminatory Testing
The regulations of IDEA require that testing and evaluation of your child meet the following criteria:
- Testing and evaluation materials used for the purpose of evaluation and placement of deaf and hard-of-hearing children must be selected and administrated so as not to be racially or culturally discriminatory, nor biased toward one communication approach. Tests should always be given in a communication approach that the child can understand.
- No one testing or evaluation procedure can be the only criteria for determining an appropriate educational placement for a child.
- Procedures must be established and maintained for parents or guardians to examine all relevant records with respect to identification, evaluation, and educational placement of the child.
- If parents or guardians do not feel that a fair assessment has been made, they are entitled to obtain an independent educational evaluation of the child.
- Parents or guardians must receive a written notice in their native language prior to any proposed change regarding the identification, evaluation, or educational placement of their child. While the final decision of appropriateness is the responsibility of the local school district, the parents have the right to disagree and request a Due Process Hearing to plead their case.
Due Process
If you are not satisfied that a free and appropriate education is being provided for your child, you have the right to impartial due proceedings. Many disagreements are often resolved in the mediation meetings that preceded the proceedings. Your due process rights include:
- Appeals of school-based decisions to the Administrative Committee, the right to request mediation, and the right to request an impartial Due Process/Administrative Review.
- The parent has the right to be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of the deaf or hard-of-hearing child.
- A written or tape-recorded verbatim record of the Administrative Review shall be available to anyone involved.
- While a decision is pending, the child can, at the parent's request, remain where he was before the action began.
- The education which is agreed upon must be provided at no cost to the parents.
- Information on these types of final legal steps can be obtained from groups such as the Child Advocacy Commission.
Mainstreaming
Placing handicapped children in ordinary classes with or without support services. IDEA requires that handicapped children, including deaf and hard-of-hearing children, must be educated in this least restrictive environment. This means that your deaf or hard-of-hearing child should be placed in a program that suits him best. If your child can get along in the regular classroom, he should not be removed on the basis of hearing loss. If, for any reason, the situation does not provide for his needs, the child may be placed in a program that does meet his needs. Children are to be placed in classrooms not on the basis of their disability, but according to their educational needs.
Determining a child's educational needs
To provide the best possible education for deaf and hard-of-hearing children, educational programs are required to develop an "Individualized Educational Program", IEP, for your child. You will often hear this referred to as your child's "IFSP" or "IEP". The IFSP, "Individualized Family Service Plan", is used for families with infant or preschool deaf and hard-of-hearing children (0-3 years old) enrolled in any educational program. You, the parents, and your service coordinator will determine what services and programs are best for your family.
What is the IFSP?
This Individualized Family Service Plan must be worked out with each deaf or hard-of-hearing child and put into writing. The IFSP must include:
- Information on the child's present levels of development: cognitive, speech/language, psychological/social, motor and self help. Appropriate tests have to be used, taking into consideration any of the child's lack of ability to understand or use words. If the child is from a non-English speaking home, the tests and discussions may need to be done on a bilingual basis.
- Information on your family's needs in relation to enhancing your child's development.
- Goals for your child and your family.
- Exactly what services are to be provided, the number and length of sessions.
- Who will provide the services and over what period of time.
- The methods to be used for assessing progress.
- A plan for transition from early intervention services into a preschool program (3 years old).
- The IFSP will be reviewed on a regular basis. Parents must be notified in advance so they can participate in the review.
What is the IEP?
The Individualized Education Plan is used with deaf and hard-of-hearing children enrolled in an elementary school program (3 years old and up). A group made up of you (the parents) and several educational people should be involved in setting up your child's educational plan. Usually this includes a qualified teacher/therapist experienced in working with deaf and hard-of-hearing children, a psychologist, and school principal or administrator. The IEP must be worked out for each deaf or hard-of-hearing child and put in writing. It must include:
- Information on how the child is doing educationally. Testing that won't penalize him must be made to determine this. The deaf or hard-of-hearing child's ability to understand and use words would have to be considered. If the child is from a non-English speaking home, the test and discussion may need to be on a bilingual basis. The parents have to be able to understand what is being said.
- Long-range goals and short-term objectives.
- Exactly what services are to be provided and how much time they require.
- When the program will begin and how long the services will be necessary.
- A statement as to how it will be determined whether your child is progressing according to plan. Are the educational goals being achieved? The parents and teachers must check this frequently.
- A review of your child's IEP will be done on a regular basis. Parents must be notified in advance so they can participate in the review.
Related Services
Supportive services required to assist a child with a disability to benefit from special education. Related services for a child are discussed and decided upon during the IEP conference. These services may be provided by either consultation or direct service. Some examples of related services under Part B of IDEA include occupational therapy, physical therapy, speech and language therapy, recreation, counseling services, psychological services, assistive technology services, assistive technology devices, rehabilitation counseling services, parent counseling and training, audiology, and special transportation.
Your right as a parent.
Along with responsibility, parents should realize they have certain rights. Under due process law, parents of deaf or hard-of-hearing children have the following rights:
- To receive a full explanation of your rights and how they are protected under law.
- To be notified and have your consent secured whenever school authorities plan a special evaluation or a significant change in school placement for your child.
- To be notified if the school refuses to evaluate your child or make a change in school placement.
- To examine school records related to your child's identification as "deaf or hard of hearing", his evaluation, and his school placement.
- To take part in the meeting where the IFSP or IEP is set up.
- To have an impartial hearing if you do not agree with the school's decision. The school may also ask for a hearing if it does not agree with the IFSP or IEP.
These are your rights under the law.
To assure that you have exercised your rights, it is required that you sign certain documents. Be sure to read it and have it explained if it is not clear. Then, if and when you agree with it, you may then sign your approval.
Questions and Concerns
It is hoped that the Act will assure you and you child of your rights. But some states may give up federal funds rather than take part in a program that could put a heavy burden on them. Hence, your child may not have the same rights as a child in a neighboring state. Thus, parents should work together to improve educational opportunities in their area for their children. There may be problems in mainstreaming for some children. It depends on the child, the teacher, the class size and make up, the school, and on whether adequate support help is provided. It may also depend on you. How much help can you give your child at home? Some parents can put considerable time and effort into meeting a deaf or hard-of-hearing child's needs. Others find it difficult or almost impossible to provide the needed enough extra help. So, the educational plan must be truly individual.
IDEA marks a giant step forward in giving our deaf and hard-of-hearing children free and appropriate education in a least restrictive environment.
