Special Education: What Every Parent and Lawyer Needs to Know

By Matthew Famiglietti

The Individualized Education Program (IEP), Mediation, Due Process, Fees and Expenses, and Other Remedies are covered in lay terms, making it easy for parents to understand what is happening, but there is sufficient detail and case law to make this an excellent resource for practicing attorneys.

This book gives a brief summary of the history of special education law, which helps the reader understand a little bit about how we end up with the process we have today.

• Language: English
• Publisher: Matthew Famiglietti
• Release date: Jun 16, 2013
• ISBN: 9781301702909

Matthew Famiglietti

I opened my first law office in 1994 because I believe strongly that one individual can make a difference. Since that time, I have developed an expertise in employment discrimination law, Social Security Disability law, and special education. Having a disability, and living with that disability every day, gives me a unique insight into issues that affect people with disabilities. I not only have the formal legal training and experience in issues that disabled people deal with every day, but I bring a very deep and strong commitment to providing quality legal services to others who have disabilities. Of course, I bring that same commitment to providing quality legal services to those who don't have disabilities as well.I have extensive experience in employment law, disability law and discrimination law. I have taught seminars for AARP's Legal Counsel for the Elderly and for the Archdiocese Legal Network of the District of Columbia as well as for other service organizations. I have also been a CLE instructor for the D.C. Bar. I have served as a Guardian ad Litem for abused and neglected children in the State of South Carolina.Prior to opening my law office, I worked as an advocate for the South Carolina Protection & Advocacy System for the Handicapped. I advocated for children and for adults with mental and physical disabilities. During my tenure there I represented families and children with disabilities in numerous Individualized Education Program (IEP) meetings with local school districts in South Carolina. I also presented seminars on the rights of disabled children to a free and appropriate education.I worked at the University of South Carolina Center for Developmental Disabilities, and the U.S. Department of Labor. After graduating from the College of Charleston, I obtained my law degree from the University of South Carolina School of Law.I am a member in good standing of the following organizations:Council of Parent Attorneys and Advocates (COPAA)National Organization of Social Security Claimants' Representatives (NOSSCR)District of Columbia Bar AssociationUnited States District Court for the District of ColumbiaSouth Carolina Bar AssociationNational Employment Lawyers Association (NELA)Metropolitan Washington Employment Lawyers Association (MWELA)I am also a former member of:District of Columbia Bar Association Lawyer Service Management Committee (2003 - 2009)SC Bar Ask-A-Lawyer ProgramSC Lawyer Referral ProgramAdministrative & Regulatory Committee of SC BarCommittee for Justice for All of SC BarSC Bar Committee on Services to the IndigentRichland County Bar Association

Book preview

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SPECIAL EDUCATION

What Every Parent and Lawyer Needs to Know

By: Matthew T. Famiglietti, Attorney at Law

Published by Matthew T. Famiglietti at Smashwords

Copyright 2014, Matthew T. Famiglietti

All Rights Reserved.

No portion of this book may be reproduced without

the express written consent of Matthew T. Famiglietti

Discover other titles by Matthew Famiglietti at Smashwords

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Smashwords Edition, License Notes

This e-book is licensed for your personal enjoyment only.

This e-book may not be re-sold or given away to other people.

This is not meant to be legal advice.

If you would like to share this book with another person, please purchase an additional copy for each recipient.

If you’re reading this book and did not purchase it, or it was not purchased for your use only, then please return to Smashwords.com and purchase your own copy.

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DISCLAIMERS

The information in this e-book is based upon sources believed to be accurate and reliable, and includes secondary sources. It is for informational use only as a learning aid.

Due to the changing nature of the law, information contained here may be outdated.

This material is not intended to be legal advice.

In no event will the authors be liable for any direct, indirect, consequential, or other damages resulting from and/or related to the use of this material.

This e-book does not create an attorney-client relationship between the authors and any reader.

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Table of Contents

CHAPTER 1: THE PARENT AS ADVOCATE

CHAPTER 2: HISTORY OF SPECIAL EDUCATION

CHAPTER 3: SPECIAL EDUCATION LAW

Early Intervention and Special Education

Section 504 of the Rehabilitation Act

IDEA

CONCEPTS

EVALUATIONS

EVALUATION PROCEDURES

DISCIPLINING CHILDREN RECEIVING SPECIAL EDUCATION

CHAPTER 4: THE INDIVIDUALIZED EDUCATION PROGRAM (IEP)

CHAPTER 5: HITTING THE WALL: MEDIATION

CHAPTER 6: BEYOND MEDIATION: DUE PROCESS

Next Steps

Prior to the Due Process Hearing

At the Hearing

Hearing Officers

Burden of Proof in Due Process Hearings

Appeal of Administrative Decisions

Chapter 7: Fees and Expenses

Chapter 8: Other Remedies

How to File a Section 504 Complaint

Bullying/Harrassment

Chapter 9: No Child Left Behind and Special Education

Chapter 10: The Role of the Parents

Chapter 11: A Parent’s Guide on What Not to Do

Chapter 12: When to Retain an Attorney

Chapter 13: Other Developments in Special Education Law

Chapter 14: The Future of Special Education

About the Author

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CHAPTER 1: THE PARENT AS ADVOCATE

At the heart of any disabled child’s education is the parent. The parent must take an interest in every aspect of the child’s education. The parent is the best, most effective advocate for the child. If the parent fails to take an active and interested part in the educational life of the disabled child at an early age, it is highly likely that the child will suffer lifelong social problems in many different ways.

To be an effective advocate for your child, you must know your child in terms of his or her physical, mental, and emotional development. As a parent, if you think your child is not progressing at the same pace as children of the same age, you should take action as soon as possible.

The parent is at the heart of the Individual Education Plan (IEP) system. This means that under the law, the parent must be part of the IEP team, which formulates the educational goals, program, and related services that a disabled child may need.

You should review all school-related work, including homework and report cards, on a regular basis. Meet with your child’s teachers and other school officials each grade-reporting period. Talk with your child’s friends at regular intervals about how your child is interacting with them. You may be surprised at what you learn about your child that may provide you with information revealing that he or she needs special education services.

Be honest with yourself. Parents often have a very difficult time admitting that their child is in need of special education. Many parents feel guilty that their child needs such help and feel that it is somehow their fault. Many parents fear that the child will be labeled as slow, stupid, or dumb. Some parents also feel that peers will tease their child. The special education process can be painful to both the parents and the children involved, but the short-term pain of the process if far better than the consequences of failing to take action.

TIPS FOR NEW PARENTS

1. Make sure you get the needed diagnoses for your child as soon as possible.

2. If you disagree with a diagnosis, get a second opinion. If necessary, get a second opinion for the second opinion. You know your child better than anyone else.

3. Join an appropriate support group. The right support group will aid in lending support and understanding. It will also be a source of valuable information and referrals that will be helpful for you and your child.

INFANTS & TODDLERS

For children ages 0 to 3, it is extremely critical to have a well-developed written plan which meets all the child’s needs, in terms of both medical care and preschool services. Young children with disabilities who do not receive educational and related services when needed may be negatively affected for the rest of their lives. The U.S. Department of Education reports that 6.8 million youths between the ages of 3 and 21 are being served with special education and related services through IDEA.

Early Intervention is the effort by a State to meet the needs of children 0 to age 3 years of age. The services are funded collaboratively between the Federal Government and each State. Early Intervention services are designed to:

meet the developmental needs of each child eligible;

be selected in collaboration with the parents;

be provided under public supervision, by qualified personnel;

be in conformity with the individualized family service plan (IFSP);

be at no cost to the parents, unless subject to the state system for family fees under