Are you the parent of a child with Autism or another type of disability who receives special education services? Do you currently have a dispute with your school district related to your child’s education? Would you like to learn about state special education laws and regulations to use in your defense? This article is for you and will discuss these laws and the information you need to know to empower your defense!
1. Every state is required by IDEA 2004 (federal special education law) to have laws and regulations that show how they will comply with the law.
2. State regulations may not “establish provisions that reduce parental rights or that conflict with the requirements of IDEA and federal regulations.” Federal law “trumps” or is stronger than state law. State law can give a parent more rights, but it cannot take rights away.
3. Many state laws are not consistent with federal laws.
4. Some states have been told that they must change their state regulations to be consistent with federal law. For example: New Jersey stated in its regulations that school districts had the right to evaluate a child in an area in which they had not previously evaluated, if a parent requested a publicly funded independent educational evaluation (publicly funded IEE). The Office of Special Education Programs (OSEP) found this inconsistent with IDEA 2004 (300.502). They have required NJ to review its regulations and, until they do, ensure that school districts do not screen children in an area that has not been previously screened before paying for an IEE.
5. Other states’ regulations are also inconsistent with federal law, but the US DOE has not told them that they must change their regulations. One example is New York, which has a regulation that ESY eligibility is only for children with multiple disabilities and/or showing slow regression and recovery. This is not consistent with federal special education law and can harm children by denying them the services they need. Another example is in my state of Illinois, the parent guide states that parents must “request” an IEE before being tested. IDEA 2004 states that parents have the right to “get” an IEE if they disagree with the school’s evaluation. A letter to the Illinois State Board of Education noting this inconsistency was responded to with this statement: “The office plans to review the identified guidance document and initiate any necessary revisions during the summer of 2012. Your input will be considered over the course of that process.” We are now in 2014 and I will not hold my breath for the State of Illinois to revise their guide for parents.
6. OSEP policy letters often address inconsistent state laws and regulations! They are great promotional tools and can be found at: http://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/index.html#topiclisting. I use them all the time to show special educators how the Office of Special Education Programs (at the US DOE) interprets IDEA 2004 and inconsistent state regulations.
By understanding these 6 things about the State Special Education Law, your defense will be strengthened! Good luck!
