Have you been told by special education staff that they do not provide applied behavior analysis therapy for children with autism? Have you been told that your school district only provides certain services due to money problems? Is your child on the waiting list for educational or related services? This article will discuss whether the Individuals with Disabilities Education Act (IDEA) allows special education personnel to only provide certain services to children with disabilities. It also looks at whether children are placed on waiting lists for educational and related services.
IDEA defines special education as: specially designed instruction at no cost to parents, to meet the unique needs of a child with a disability …
The purpose of IDEA is to provide an education that meets the unique needs of a child and prepares him for higher education, employment, and independent living.
Special education staff cannot choose what services to offer to children with disabilities. Having said that, many school staff members try to limit the services they will provide to children. This is why it is critical that you stand up to special education staff, who can ruin your child’s life by not providing the services he or she needs.
If special education staff try to limit your child’s services, ask them to show you under what authority they have the right to deny your child the educational services he or she needs (there are none). Remember what special education is – specially designed instruction to meet your child’s unique needs.
Also, consider getting an Independent Educational Evaluation (IEE) of your child to see what services your child needs. The evaluator may participate in an IEP meeting over the phone, when the evaluation recommendations are discussed.
Waiting lists are also not allowed under IDEA. The difficulty is that when special education staff say they are putting your child on a waiting list, it seems like it might be reasonable. It is not until you discover that waiting lists are not allowed, that you realize that you have been misled. Always ask special education staff to show you in writing that what they are saying is the truth. If they cannot show you in writing that what they said is true; it probably isn’t.
For example, your 3-year-old with autism needs an applied behavioral analysis treatment. The special education staff tells you that the class is full and that they are waiting for additional funds for a new class. But in the meantime, your child will be put on a waiting list. Write them a letter, documenting what they said, and ask them to show you where it says in federal or state law that they can have waiting lists (they are not). File a state complaint for violation of your child’s rights.
By understanding what special education staff can and cannot do under the IDEA, you assist you in your advocacy efforts for your child. Do not stop fighting for a proper education for your child, or his life will be ruined forever!
