Michiana Family Magazine - Educational Rights and the Referral Process by Valerie St. Germain

Home

Valerie St. Germain is a Learning Disabilities Specialist at Indiana University South Bend where she will receive a graduate degree in education in December of this year. Prior to her present position she was a teacher for many years. She holds an IN State Teaching License, All Grade-Mild Disabilities and is an active member in the community promoting positive educational experiences for all children.

See other articles by this author.

Educational Rights and the Referral Process

February's education feature began the story of educational rights for your children. This feature concludes what could be some of the most significant information you may ever get. Please bear with me, the details can be quite dry-outright boring even… but it truly is an important topic. At the very least, it is empowering. Understanding yours and your child's legal rights is critical to being an effective educational advocate.

Last month's feature ended with a brief mention of the process for referring a student for special education. This referral process is a requirement of the Individuals with Disabilities Education Act of 2004 (IDEA04), the federal law governing special education implementation. Before we go on, remember this:

…special education is not what you might remember. It includes a variety of services such as speech and language therapy, occupational therapy, physical therapy, as well as academic support from teachers licensed to teach students with specific disabilities. Most students receiving special education services are in gen. ed. classrooms where they cannot be identified from their non-special education peers. In most cases, they are more like their peers than they are different. We have come a long way, though we still have a long way to go…

Why might a student be referred? The first and most frequent reason for referral is academic failure. When a student experiences chronic academic failure in one or more subjects for which there is no apparent reason, they are usually referred for what is called a psycho-educational evaluation. Before that happens IDEA04 requires something called general education intervention. What that means is that your child's teacher must try many different instructional strategies and assessments and document their results before a formal referral for special education can take place. These interventions are just good teaching practices and your consent is not required. If behavior is a problem, a behavior intervention plan should be developed and implemented with results documented. Interventions take time; only when they prove ineffective should the referral process proceed. Your school probably has a team of professionals who meet to review all intervention results and only then can a need for further assessments be determined.

IDEA04 calls this group of professionals a multidisciplinary team, but schools also call them strategies teams or student study teams. Generally, your child's teacher, one or more general education teachers, a special education teacher, school counselor, school psychologist, and an administrator comprise the team. Parents may also be a part of the team but it is not mandatory. However, once a team has agreed that a student should be referred for a formal evaluation parents are invited to discuss the intervention results as well as the multidisciplinary team's recommendations.

Whenever a student is referred for special education eligibility parents must be fully informed of the school's intentions and rationale for the referral. IDEA04 requires written consent from parent/s before any evaluation procedures can take place. Prior to your giving written consent, school personnel must offer a written copy of your rights, or Procedural Safeguards. The legalese of the Procedural Safeguards document can be intimidating, but keep in mind that its single purpose is to enable you to give informed consent. However, you should also receive a verbal explanation of your rights and should you have questions, this would be the time to ask. For example, you might ask about the evaluation, the tests your child will be given, timeline, and what happens after. Once you give your written consent, the school has 60 instructional days to complete the evaluation and convene a conference to discuss results.

Individual assessments administered by a school psychologist and special education personnel are typical in a comprehensive evaluation. But other formal and informal assessments and observations should be conducted by the appropriate professionals depending on the area of suspected eligibility. For example, behavior consultants should be involved when behavior is a factor. Whenever eligibility decisions are being made no stone should be left unturned.

When the evaluation is completed, results are gathered and are written in a report that you should receive at least five days prior to the Initial Case Conference- the name for the meeting with all the professionals involved in your child's evaluation. You also have the right to request an individual meeting with the psychologist prior to the Initial Case Conference, which is often a good idea because it allows you time to digest the results and their implications. This can be a very emotional time for parents but it is also a time when clear thinking is needed. Because emotions influence your ability to make important decisions about your child's education you can ask for the conference to reconvene when you are better prepared to make a decision.

Special education eligibility is not determined easily. IDEA04 mandates strict procedures for insuring informed decisions based on sound evidence. If your child is referred for services know your rights, become familiar with IDEA04, and ask questions. Read your Procedural Safeguards; several agency resources should be listed on that document should you wish to seek outside advice. The following web sites are also excellent sources of information. Once again, your job is to do everything you can so your children receive the best education possible.

http://doe.state.in.us/exceptional/speced/welcome.html
http://idea.ed.gov/
http://www.wrightslaw.com/
http://www.ldaamerica.org/
http://www.cec.sped.org/

Michiana Family Magazine
Phone (574)848-5670 • Fax (866) 745-6246
Media@Michianafamilymagazine.com • 19367 C.R. 16 N. Bristol, IN 46507