Nondiscriminatory Evaluation
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Nondiscriminatory Evaluation. Zero Reject. Knowing Your Rights A guide for individuals and advocates of Special Education By: Amy Mack. To ensure fair and comprehensive educational evaluations IDEA Education Requirements Tests are to be administered in native language

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Westofthei category good works page 2

Nondiscriminatory Evaluation

Zero Reject

Knowing Your Rights

A guide for individuals and advocates of Special Education

By: Amy Mack

  • To ensure fair and comprehensive educational evaluations

  • IDEA Education Requirements

    • Tests are to be administered in native language

    • Testing must be valid and appropriate

    • Multidisciplinary teams must be constructed for specific needs of the student and tested in areas of disability.

  • Student’s need to be referred before being tested for a disability.

  • Parents must be notified of their due process. (i.e. consent, information given, etc.)

  • Parent’s have rights to file complaints.

  • Reevaluation can take place every 3 years.

  • Evaluations must be completed within 60 days after parent consent

  • Goals are place in accordance with No Child Left Behind (NCLB)

    • Students in public school are able to perform learning goals while receiving free appropriate education.

  • States are required to identify, evaluate and education student’s with disabilities.

  • If you suspect or know that your child has a disability Local Education Agencies (LEA’s) are responsible to locate, identify and evaluate your child.

  • Zero Reject Law Protection and Eligibility:

    • Autism

    • Deafness-Blindness

    • Deafness

    • Hearing Impaired

    • Mental Retardation

    • Multiple Disabilities

    • Orthopedic Impairments

    • Other Health Impaired

    • Emotional Disability

    • Specific Learning Disability

    • Speech and Language Impairment

    • Traumatic Brain Injury

    • Visual Impairment Including Blindness

  • Students who are eligible for services are between the ages of 6-17 years.

  • Students can be evaluated and provided services until age 21.

  • School Districts are required to pay for residential placements (local area schooling.)

  • School Districts are required to develop IEP’s and follow through with FAPE requirements.

  • Minimum Competency Testing (MCT) provided for students with special needs.

http://www.westofthei.com/category/good-works/page/2

  • Are you obligated to accommodate me?

  • What services can I receive?

  • What are my rights?

http://www.nondomesticatedthinker.com/2010/07/the-overrepresentation-of-african-american-students-in-special-education/


Westofthei category good works page 2

Least Restrictive

Environment (LRE)

Procedural Due Process & Parent Participation

  • Parents must be notified and consent must be given.

  • Consent must be given in writing.

  • Parent consent must be provided for preplacement special education evaluation, initial evaluation and reevaluation.

  • Surrogate parent can be appointed if child has no parent.

  • Parents have right to an IEE if they disagree with evaluation results

  • School must provide information for IEE at school cost.

  • Parent and school both have opportunity to request due process hearing.

  • Parents due process rights including being accompanied by legal representation.

  • HCPA allows parents to be reimbursed for legal services but will not be reimbursed if attorney is present at IEP process.

  • Section 504-- Federal statute that prohibits the discrimination of individuals with disabilities in programs receiving federal financial assistance.

  • Schools must provide reasonable accommodations and modifications to curriculum, instruction, behavior, and environment.

  • Accommodations are made on an individual basis.

  • Students with disabilities are entitled to education in a regular education classroom.

  • Students with disabilities should be educated with their non disabled peers to the maximum extent.

  • Students with a disability should only be removed from regular education classroom when severity of disability impedes on their learning and can be satisfied in a separate setting

  • Other LRE Activities:

    • Extracurricular

    • Meals

    • Recreation

    • Counseling

    • Athletics

    • Transportation

    • Recess

    • Special Interest Group sponsored by school

http://www.nysut.org/newyorkteacher_11023.htm

Free Appropriate Public Education (FAPE)

  • According to the 5th and 14th amendment parents and students are allowed due process.

  • Students with a disability are to receive services at public expense under public supervision to meet the standards of the state’s educational agency.

  • FAPE ensures that parents and students participate in educational decision making.

  • IEP goals set do not guarantee IEP objectives achieved by students.

  • Students with disabilities can not be excluded from an education.

  • Procedural requirements are to be met with FAPE parents should not excluded from their child’s IEP.

  • Parents cannot dictate curriculum method chosen by school to use.

  • IEP for student will be directed towards specified disability.

http://library.furman.edu/resources/subject/edu/specialed.htm


Westofthei category good works page 2

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Parent Questions

and Resources

  • Parent Resource Program

  • 401 South Elm St. Appleton

  • 920-832-5161

  • Outagamie County Developmental

  • Disability Services

  • 401 South Elm St. Appleton

  • 920-832-5169

  • Arc of Neenah/ Menasha

  • 375 Winnebago Ave. Menasha

  • 920-725-0942

  • If you feel overwhelmed or have

  • questions these are a few local support

  • groups to aid families with disabilities.


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