4 Reasons Why Inconsistent State Special Education Laws May Be Harming Your Child’s Education!

4 Reasons why inconsistent State Special Education Laws may be Harming Your Child’s Education! By JoAnn Collins Key words: Autism, PDD, Asperger’s, IDEA 2004, specific learning disability, SLD, IEE’s at public expense, FAPE
Are you the parent of a child with Autism, Pervasive Developmental Disorder (PDD) or Asperger’s that is having a dispute with your school district? Are you concerned about your States special education laws, and whether they are in compliance with IDEA 2004 (federal special education law)? Many states seem to have special education laws that are inconsistent with federal special education laws. This article will discuss why these inconsistent State laws may be harming your child’s education.

1. Some school districts are using State laws to deny children eligibility for special education. For example: In Maine the State laws require that children suspected of having a specific learning disability (SLD) must score 1.5 standard deviations below the mean in two or more areas of psychological processing, but cannot be more than 1.5 standard deviations below the mean (mean is average). In OSEP policy letter to Hugo OSEP states that this is inconsistent with federal special education law because it may result in children with SLD not being properly identified. A child not receiving needed special education and related services could negatively affect the child’s education and future adult life!

2. Some school districts are using State laws to deny children needed ESY services. For example: In New York their State laws say that in order for a child to be provided ESY services they must have substantial regression (with a long recoupment period). They also state that a child needs to be in self-contained placements, have severe multiple disabilities, or be in home and hospital placement. This is inconsistent with IDEA 2004 which states that ESY services must be determined on an individual basis, and given if a child needs the services so that they can receive a free appropriate public education (FAPE).

3. Some school districts are preventing parents from “obtaining” IEE’s at public expense by using State laws requiring “pre-notification” or “requesting” of the IEE. IDEA 2004 (federal special education law) states that parents have the right to “obtain” an IEE at public expense when they disagree with a school evaluation. Some States laws are taking out the word “obtain” and putting in the words “request” or “pre-notify.” For Example: In my State of Illinois the regulations state that parents “must request” an IEE at public expense rather than parents “have the right to obtain” the evaluation. This may prevent you from determining what your child’s disabilities are and what services your child needs for FAPE

4. Some school districts are using State laws to deny parents “meaningful participation” in all aspects of their child’s education. For example: In Maine their State law requires parents to submit written statements of concern at least three days before a scheduled IEP meeting. In OSEP policy letter to Breton OSEP states, “However, the IDEA does not permit a public agency to establish criteria for parental participation in an IEP meeting. Therefore, we maintain that it would be inconsistent with… IDEA for a local educational agency to adopt a blanket policy requiring parents to provide a written copy of their concerns to the IEP team three days before the meeting in order to have their concerns addressed in that meeting.”

Use this information in your advocacy to ensure that your school; district is in compliance not only with State law, but also with Federal law.

Education Law – What You Need to Know

If you’re involved in any aspect of education, from teaching to recruitment, then you’ll need to be aware of education law, and the areas it covers.

1. Education establishments are just accountable as other organisations, and need to adhere to rules and guidelines in the same way.

2. You’ll need to make sure that your school, college, university or other educational establishment complies with all the relevant laws and government policies. Having an education law expert to help you will make a big difference, and can ensure that you’re not acting illegally.

3. You’re probably used to dealing with suppliers for everything from catering and stationery to IT and the maintenance of the grounds. Are you using a specialist in education law to make sure that the contracts art legal, and that you’re getting the best deals and service?

4. Pupil discipline is becoming more of an issue in many schools. Although to may be tempting to introduce your own forms of punishment, you’ll need to make sure that you stay well within the law, to avoid possible disciplinary action yourself.

5. Some schools, colleges and universities receive charitable donations or funding. You’ll need to make sure that all the paperwork is in order that everything complies with the relevant charity laws.

6. If you’re involved in estate management for as school or college, then your job could entail buying or selling land, and hiring contractors. You’ll want to make sure that you get the best deals and service, and that agreements are adhered to minimize disruption to all concerned.

7. Although you work in education, construction, planning and environmental laws still apply. If you’re considering expanding your premises, or building new departments or adding additional facilities, you’ll need to make sure that you’ve got the relevant planning permission and your plans don’t fall foul of any laws.

8. Employment law still applies, so you’ll want to make sure that there are no issues regarding bullying or harassment at work, or discrimination on any grounds. You’ll need to make sure that you’re up to date with all relevant guidelines and changes, so that you’re not acting illegally.

9. Your recruitment process will also be subjected to the same sort of laws as other industries. You might need to carry out additional checks too, so an education law expert can prove invaluable.

10. Health and Safety both at school, and on educational trips, is often mentioned in the media. No matter whether you think the rules and regulations are too strict, you still have to comply with them in order to protect your pupils and staff.

Now you know more about it, perhaps now is the time for an Education Law Expert to help you.

Why You Need an Education Law Solicitor

If you work for an educational establishment then you’re bound to need an education law solicitor at some point.

Here’s why.

1. Schools, colleges and universities need to be just as accountable as other organisations, and private companies, so you’ll want to make sure that everything is managed properly and complies with all relevant laws.

2. Healthy and safety is perhaps more important in an educational environment than in other workplaces, due to the ages of the pupils and students. You’ll need to make sure that your working practices, and out of school activities meet the necessary legislations and law, so that you minimise the risk of accidents and incidents to staff and students in and out of the classroom.

3. You’ll want to make sure that your pupil and staff discipline policies are up to date and that unruly pupils are dealt with properly and in accordance with the relevant policies.

4. Although you work in the education sector, you need to know that employment laws still apply. Any instances of discrimination need to be taken seriously and any issues with staff contracts or working hours will need to dealt with efficiently and effectively. An employment solicitor may be able to assist you in addition to an education law solicitor.

5. You’ll need to make sure that your recruitment policies are up to date, and that they are not discriminatory. You might need to carry out further checks and investigations on potential new staff before you can employ them, and so will need to make sure that this is done legally.

6. As you will be dealing with a lot of paperwork, such as staff contracts and school policies, you’ll want to make sure that these are reviewed regularly so that any advances in technology, or changes to staff duties are incorporated. For example, you’ll need to make sure that your staff and students are aware of the implications of the potential effects of breaking IT or privacy policies.

7. You might be dealing with different suppliers and contracts, and so will want to make sure that you get the best deal for you. An education law solicitor can prove invaluable so that you’re not wasting time and resources on finding out whether the contract is legally binding, and what it really means to you.

8. Some educational establishments are reliant on donations or funding. All contributions and payments need to be properly processed and everything will need to be above board and legal for auditing and accounting purposes.

9. Estate management is an important aspect of modern educational work, and so your duties might involve negotiate the buying or selling of land, or need to be aware of the importance of planning, and dealing with the board of governors. You might also want to know how to make better use of the space that is already available to the school, college or university.

10. Perhaps you’re considering a new building for your educational establishment, and want to know how to get the planning permission you need and meet the relevant environmental and construction laws that will affect you. An education law solicitor will be able to share their expertise, skills and knowledge in order to help you.

Now you know more about the services they provide, do you need an education law solicitor?