Know Your Child's Healthcare Service Rights at School
In a case called Endrew F. v. Douglas County School District, parents of Endrew F. did not agree that a Colorado school district's Individualized Education Program (IEP) prepared for their son with autism, was reasonably calculated to provide him with a free and appropriate public education (FAPE) as required under the Individuals with Disabilities Education Act (IDEA).
September 23, 2016
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What options are available if a school district is not implementing your child's IEP? Some parents find themselves in the unfortunate situation of having fought for their child's educational rights and obtained appropriate services for their child, only to have the school subsequently fail to implement those services.
If a teacher is not appropriately credentialed or qualified to be educating children with unique needs it can lead to a subsequent denial of a student's access to a Free and Appropriate Public Education (FAPE).
One of the most critical steps to understanding your child's specific educational needs is obtaining appropriate assessments. Once your child has been appropriately assessed within all areas of need, both yourself and the IEP team will have a much better understanding of how to best maximize your child's learning potential. Therefore, it is important that all parents understand the legal requirement for school districts to comprehensively assess students in all suspected areas of need.
Is your child having difficulty getting along with peers and teachers at school? Does your child seem to be consistently depressed? Is your child exhibiting signs of severe anxiety regarding school and peers? Are any of these factors beginning to have an impact on your child's grades? If so, your child may be eligible for Special Education Services under the category of Emotional Disturbance. The eligibility requirements for qualification under the category of Emotional Disturbance are as follows:
Parents who attend IEP meetings are generally looking to obtain something very simple for their child, an educational placement that is appropriate and will allow their child the opportunity to make substantive educational progress. However, the IEP process can be very stressful and confusing. What all parents should be aware of in preparing for an IEP meeting, is that the burden is on the school district to provide a Free and Appropriate Public Education ("FAPE") for all children. Not only must the educational placement be appropriate, but it also must be qualify as a clear written offer. (Union Sch. Dist, v Smith, (9th Cir. 1994), 15 F.3d 1519.)