Special Education FAQ
Parents’ Frequently Asked Questions
3. Do we have a right to prevent the school from sharing personal information with military recruiters?
11. Do I have a right to invite my daughter’s teacher to our Educational Support Team (EST) meeting?
14. My disabled son recently turned 18. Must he register for selective service?
1. My son is being bullied by some of his classmates. What is the school required to do to ensure that the bullying doesn’t continue?
Bullying is serious and harmful behavior that can interfere with your son’s education as well as his social and emotional well being. To ensure students are safe in school and to prohibit bullying and harassment, several laws have been passed in Vermont. Act 91 requires schools to create safe, civil, and orderly schools free of harassment. Act 113 requires each Vermont school to develop and implement a school discipline plan. Protections against bullying are included in Act 117 of 2004 (An Act Relating to Bullying Prevention Policies). As a requirement of Act 117 the Commissioner of Education has issued a model bullying prevention plan as an insert to the “Guidelines for Discipline Plan Development.” The plan emphasizes prevention efforts, positive approaches to discipline and family-centered practices. In addition federal laws, such as Titles VI and IX of the Civil Rights Act, compel schools to prevent harassment and to follow the law.
When harassment or bullying takes place, parents should encourage their child to report incidents to school personnel directly or anonymously. Your child’s school must provide a means for students to anonymously file a complaint. Complaints regarding bullying or harassment may also be made by school staff, parents/guardians, or others who believe an incident may have happened. After an incident is reported to school personnel verbally or in writing, it must be considered as a complaint. It’s a good idea to put a complaint in writing and keep a copy for your records.
Under Act 91, school districts are required to designate two or more employees to receive harassment complaints. The school has 24 hours to notify you that your child was involved in a harassment incident and to give you a written copy of its harassment policies and procedures. Within one day after receiving the complaint, the principal is required to conduct an investigation of the incident, unless there are special circumstances that prevent this from happening. By the fifth day, unless there are special documented circumstances, the school should have completed its investigation and given a written report to the principal or superintendent. A copy of this report must also be provided to the parent.
If you disagree with the results of the investigation, you have the right to appeal to the superintendent, request a different review of the complaint by a trained independent reviewer, request mediation or other alternate dispute resolution from the school, contact the Department of Education’s Safe and Healthy School Team at (802) 828-0371, consult with a private attorney, or contact the Vermont Human Rights Commission at (800) 416-2010 or the office of Civil Rights at (617) 289-0111.
More about bullying
Each school must have a comprehensive plan for responding to student behavior that includes bullying. Information about school discipline policies and procedures is usually found in the student handbook, provided to parents at the beginning of each school year.
Bullying is considered “any overt act or combination of acts directed against a student by another student or groups of students and which is repeated over time, is intended to humiliate, or intimidate the student; and occurs during the school day on school property, on a school bus, or at a school-sponsored activity, or before or after the school day on a school bus or at a school-sponsored activity.” (Act 117)
Reading the school handbook policies should direct you to steps for reporting bullying behaviors and to keep your child safe and able to learn in a helpful and healthy environment.
The BEST (Building Effective Support For Teaching Students With Behavioral Challenges ) Project is an initiative through the Vermont State Department of Education and Center for Disability and Community Inclusion (CDCI), at the University of Vermont. The goal of the project is to increase and strengthen the regional capacity across Vermont so that schools and their communities are better able to anticipate and respond to the challenging behaviors of their students. In an effort to help schools develop more effective strategies and interventions, workshops, in-services, university coursework, institutes, and district grant opportunities are provided. The project features training and technical assistance in Life Space Crisis Intervention (LSCI), Non-Violent Crisis Intervention (CPI), the Olweus Bullying Prevention Program, and most recently, Positive Behavior Supports (PBS).
The Vermont Family Network has a packet on bullying that is free of charge to parents. If you would like a copy or have any questions, please contact us and let us know of your interest or questions.
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2. After our son’s summer program evaluation, we spoke with the Special Education Coordinator who agreed to include the recommended accommodations in our son’s IEP. Do we need to have a team meeting to incorporate these changes into his current IEP?
According to IDEA 2004, you and your Local Educational Agency Representative (LEA) may agree to amend or modify your child’s IEP between annual meetings without conducting an IEP meeting. The Vermont Department of Education’s new form “Written Agreements Between the Parent and the District” documents the agreement to make changes to the IEP without a formal IEP meeting. This does not replace your right to request an IEP meeting at any time, however, to review or change your child’s IEP.
Once the proposed changes have been made, you will be given a revised copy of the IEP at no cost to you. It is important to make sure that appropriate school staff and service providers are aware of these changes as soon as possible. Talk with your child’s special educator or call the Vermont Department of Education special education technical assistance line at (802) 828-5114 for more information.
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3. Do we have a right to prevent the school from sharing personal information with military recruiters?
As a parent you have the right to request that your child’s personal information not be released to military recruiters without your prior written consent. Under the Elementary and Secondary Education Act, as amended in the No Child Left Behind Act and the National Defense Authorization Act, military recruiters can access high school students’ names, addresses, and telephone listings. Schools are required to notify you of this and any procedures to “opt-out” of sharing information with military recruiters.
The Family Educational Rights and Privacy Act (FERPA) allows all primary and secondary schools to release directory information without your written consent. Directory information includes your child’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. If you do not want the school district to release your child’s directory information, you should notify the district in writing. Check with your school administrator about school student record policies and how you can limit access to your child’s directory information. For more information you can call the Family Policy Compliance Office at 1-800-872-5327, or go online to the U. S. Department of Education at www.ed.gov.
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4. My daughter was just diagnosed with a learning disability. We are currently developing her IEP and were told that it is too soon to talk about summer services. When is it a good time to consider her need for summer services?
You may request a meeting to discuss Extended School Year services (ESY) at any time. Your child’s need for Extended School Year services must be documented and agreed upon by the IEP Team. The need for summer services should be based upon factors such as the severity of her disability, her loss of skill(s) after an absence of instruction, her need to continue working on reasonably set education goals, and her transition needs, if appropriate.
As you develop your daughter’s IEP, incorporate information and measures that will guide the decision for ESY services. Create clear, reasonably set educational goals that correspond with general curriculum expectations according to her academic, functional, and transition needs. Determine what specific evaluation tools are needed to measure her individual goals and objectives. Include assessments before and after vacations to measure loss of skill or progress.
An extended school year program is not just a summer service plan but also a consideration for special education services, modifications, and accommodations above and beyond the school day in order for your daughter to access a free and appropriate public education. Planning as early as possible for ESY services will lead to better decision-making and eliminate guesswork about your daughter’s education program.
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5. My daughter receives services through her Educational Support Team. How do we advocate for alternate assessments during her state and district testing?
You can address her need for alternate assessments through her Educational Support Team. As with most decisions regarding your child’s program, use of an alternate assessment should be based on her individual needs, a variety of information about your child, and on information you provide.
The team may first consider a list of standard accommodations for your daughter before considering an alternate assessment. For example, the New England Common Assessment Program (NECAP) offers standard accommodations including, but not limited to, a change in test location, administering the test in a small group, changing the lighting or furniture in the room, or allowing her more time to complete the test.
The New Standards Reference Exam (NSRE) offers standard accommodations, such as having access to a scribe, reading the questions out loud, or administering the test in the child’s native language. A list of standard accommodations and information about state and district assessments can be found at the Department of Education website, http://education.vermont.gov/.
When deciding on an alternate assessment, consider using the Alternate Assessment Decision Making form available through the Department of Education. This process encourages the school team to review information from your daughter’s education records, such as results from previous state or district assessments. The form also requires the team to compare current accommodations or services your daughter receives through the Educational Support System and to determine if standard accommodations can be used during district or state assessments. If the team is unsure about using standard accommodations or an alternate assessment, you can contact Vermont Department of Education staff Cindy Moran [cindymoran@education.state.vt.us, (802) 828-0646] or Greg Wylde [gregwylde@education.state.vt.us, (802) 828-1338].
If the team decides that your daughter is eligible for an alternate assessment, there are three options.
• A modified assessment can be adjusted to meet your child’s individual level of need as long as it is measured by the same standards as the regular assessment. The modified assessment for a hearing impaired student with a learning disability, for example, might be translated into American Sign Language. Results from a modified assessment will be submitted to the Department of Education for review and scoring.
• The adapted assessment is generally for learning disabled or mildly learning impaired students, with adapted information to the student’s individual level of performance. The current NSRE allows for this type of out of level assessment, but still should be documented and submitted to the Department of Education.
• The Vermont Alternate Assessment Portfolio (VTAAP) applies to generally less than one percent of students who have multiple disabilities, are learning impaired, or who have minimal language and reasoning skills. These students most likely are receiving support through special education with alternative achievement standards such as a functional life skills curriculum. The VTAAP content areas of math, reading, and science are aligned with Grade Expectations for Vermont’s Framework of Standards and Learning Opportunities. Portfolios are collected and scored by a trained team of teachers, administrators, and service providers from around the state.
Alternate assessments are not limited to children receiving special education services. Children on 504 plans, English as second language learners, and children who receive support through the Educational Support System may be eligible to receive an alternative assessment. It’s up to you and your team to determine which type of assessment is appropriate and to notify the state about your child’s eligibility for an alternate assessment.
Information in this article comes from the Participation Guidelines for Students with Special Needs, Vermont Department of Education. For more information about state and district testing or alternate assessment, contact your child’s team or the Alternate Assessment Coordinators at the Vermont Department of Education.
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6. My child recently transitioned from the Children’s Integrated Services (CIS) to a local Essential Early Education program. Her recent school evaluation recommends 30 hours per week of speech language services. The school offers three hours per week in a small group. What can I do to increase the amount of speech my child is getting?
Your daughter’s special education services should be based on her individual needs not what the school can offer . It’s up to the IEP team to decide the type and frequency of services your daughter will receive. As a parent and team member, you have the right to request a meeting to discuss increasing her speech services.
To prepare for this meeting, gather information to document the need for more speech services. Review the report. Also talk to the preschool teacher about your daughter’s performance compared to other children her age in the program. Identify whether your daughter needs more instruction in a one -on-one setting, whether current speech goals and objectives are appropriate, and if not, why do they need to be changed.
Invite the evaluator and the speech-language pathologist to the meeting. Ask the team to demonstrate how she is progressing toward meeting her speech goals.
If the school doesn’t agree that your daughter needs 30 hours of speech services, you have the right to receive written notice from the district explaining what information and options they considered when making their decision. Note that lack of personnel is not a reason to limit services.
If you can’t resolve the problem at the IEP meeting, you can rightfully request mediation, write an administrative complaint (if you think the school isn’t following the special education process), or request a due process hearing.
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7. My son, who has ADHD, was suspended for disruptive behavior in class. This was his tenth day out of school this year. After the IEP team determined that his behavior was due to his disability, he was placed in the library for two hours of tutoring each day. How long will he be tutored, and when can he go back to his regular schedule?
If your son has been removed from his regular placement for more that 50 percent of the time, the IEP must address how he will be reintegrated into the classroom. To clarify the reasons for and duration of tutoring in the library, meet with your son’s IEP team to: • Find out how this change of placement will meet your son’s current educational needs and how he will access appropriate services and meet his general curriculum and extracurricular needs in a tutorial. • Identify whether any changes are needed in his IEP to provide the appropriate level of support and accommodations to enable your son to be successful in the general education setting, including a behavior plan. Make sure there are goals and objectives that enable him to return to the classroom in a timely way.
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8. We received a letter from the superintendent stating the district has revisited our daughter’s multi-year plan and she will no longer be eligible for services after this marking period. We believe she hasn’t met requirements of her multi-year plan and isn’t ready to graduate. What can we do?
The superintendent was responsible for approving and reviewing your daughter’s multi-year plan when it was developed. Any changes in graduation requirements should be written into the multi-year plan as part of your daughter’s IEP and transition plan. The district cannot make policies or decisions that circumvent the IEP process. Based on her individual needs, your daughter can receive special education services through age 21.
Here are some things you can do. • Make a list of reasons why you think your daughter isn’t ready to graduate. • Talk to the superintendent to determine what information was used to make this decision and how this decision aligns with IEP goals. • Ask for written documentation regarding your daughter’s progress toward meeting IEP goals and transition plan requirements, such as connections to adult services, community resources, employment, and housing. • Get support from other individuals who work with your daughter. • Ask for an IEP meeting to talk about your daughter’s multi-year plan. • Bring a friend or advocate with you to this meeting. • Present your information to the IEP team and the superintendent.
If you can’t resolve the problem at the IEP meeting, you can rightfully request mediation, write an administrative complaint (if you think the school isn’t following the special education process), or request a due process hearing.
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9. My child’s 504 plan is not being followed. She was supposed to have access to audio books, vocabulary pre-teaching, and an outline of classroom notes from the teachers in all classes. I’m worried because she’s not handing in her homework and receiving any credit. I feel she may need some extra homework support and that the school should be following the 504 plan.
To help resolve the problem, identify the 504 coordinator for your school and request a copy of the 504 policies and procedures in your district. If you haven’t already met with the 504 coordinator, you can set up a time to discuss your concerns and recommend solutions to the problem. You can also request a meeting of your child’s 504 team to try and resolve this problem. Although 504 doesn’t require parents to be members of their child’s team, schools in Vermont usually include parents.
Once an agreement has been reached, make sure it’s written into the 504 plan and follow up to make sure that any decisions the team agrees on are being carried out. You have a right to be informed of any decisions made regarding your daughter’s 504 plan. If you disagree with the 504 team, or any decisions made by the district regarding your daughter’s 504 plan, you have the right to request mediation or a due process hearing.
To request mediation, write to the Vermont Department of Education Mediation Services, 120 State Street, Montpelier, VT 05620. If you request a due process hearing, you will be asked to complete a form and send it to the Commissioner of Education at the above address. To complain to the Office of Civil Rights, send your written complaint to Office for Civil Rights/Boston, U.S. Department of Education, 8th Floor, 5 Post Office Square Boston, MA 02109-3921
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10. My son is in third grade and struggling with math. The teacher says that she doesn’t notice any problem and suggests that we should be practicing math facts at home. How do I know if my child needs special services?
To receive specialized services through an Individualized Education Program (IEP), your child must meet Vermont’s eligibility requirements. The special education process begins when a parent, teacher, or other individual requests that a child receive an initial evaluation to determine whether he or she has a disability that requires special education. You can request a comprehensive special education evaluation of your child through your district special education coordinator. You should put your request in writing.
The school can refuse to evaluate your child, however, if it believes that he doesn’t have a disability that requires special education. If this happens, the school must notify you of their decision in writing and inform you of your right to disagree with the decision. You may also choose to have your son privately tested at your own expense, and the school must consider the results of this evaluation when determining placement in special education.
The important thing to remember is that there are many ways to support children in school. Your school is accountable for making sure your son makes demonstrated yearly progress. If your son is evaluated and doesn’t qualify for special education services, the school 504 team should determine other supports and services he will need. The school’s Education Support Team (EST) is also available to support your son if he doesn’t qualify for any special services.
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11. Do I have a right to invite my daughter’s teacher to our Educational Support Team (EST) meeting?
Although you don’t have the right to invite your daughter’s teacher to the EST meeting, you and the Educational Support Team can invite people who have knowledge of your child to the meeting. It’s a good idea to let the school know in advance that you wish to invite her teacher so that any schedules can be adjusted.
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12. My daughter has a food allergy. How can a Section 504 plan help her to receive additional support in school?
A child with a food allergy has a condition that can substantially limit her learning. Under Section 504 of the Rehabilitation Act of 1973, your daughter should be eligible to receive support and services from her school so that she may access an appropriate education as any other student. We know that a severe food allergy can affect many body systems. For instance, it can substantially limit breathing during an anaphylactic reaction. When this happens, your daughter’s ability to learn in the school environment will be severely limited. The 504 team at your daughter’s school is responsible for gathering information to determine whether she qualifies for Section 504 services. Public schools must provide a free, appropriate public education to any student who is eligible under Section 504. Once your daughter is found eligible, you and the school will create a 504 Plan which describes the support, accommodations, and modifications the school will provide, including accommodations that will allow your child to participate in school sponsored activities. A 504 Plan for your student with a food allergy should also address important food allergy issues so that affected children have the best chance of staying safe. For example, a school may make accommodations to the learning environment for a student who has a contact allergy to peanuts by requiring all children in that student’s class to use antiseptic wipes on their hands upon entering the classroom. For more information, you may contact the Vermont Food Allergy Organization at http:// www.vermontfoodallergyorg.org.
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13. I’ve recently learned that my child’s school did not make adequate yearly progress. What is the No Child Left Behind Act and how will it enable my child to be more successful in school?
The No Child Left Behind Act (NCLB) was signed into law in 2002 to make changes to Title I of the Elementary and Secondary Education Act (ESEA). The Elementary and Secondary Education Act is the major federal education law regarding children in kindergarten through high school. Title I of NCLB focuses on improving the academic achievement of children who are economically disadvantaged. There are four basic principles of NCLB—expanded local control and flexibility, increased accountability for results, stronger emphasis on research-based teaching methods, and expanded parent involvement. NCLB requires schools that receive Title I funds to ensure that their students are proficient in math and reading by the year 2014. To reach this target, states must develop challenging academic standards for all students and ensure that every classroom has a highly qualified teacher. States must also develop tests to measure whether students are meeting the standards for academic achievement in reading and math. Adequate Yearly Progress (AYP) is a term used by NCLB to explain whether a school has met state reading and math standards. When Title I schools do not meet state standards for at least two years under NCLB, they are identified as schools in need of improvement. Such schools must offer options to their students that may include transferring to another school, tutoring, or extra help with schoolwork. NCLB includes several requirements to improve parent involvement in their child’s education, especially in low-performing schools. It makes information available to parents about school performance, teacher qualifications, and other measures of school success. Title I schools are required to have parent involvement policies and to share these policies with parents. We suggest you contact your school district for more information about how NCLB is working in your community. Parent Information and Resource Center, (PIRC) Vermont, hosted by the Vermont Family Network, can assist parents in understanding the provisions of NCLB and to work with Title I schools to improve parent involvement in their child’s education.
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14. My disabled son recently turned 18. Must he register for selective service?
It is the law that all males between 18 and 25 register for Selective Service. The Selective Service website states: “Disabled men who live at home must register with Selective Service if they can reasonably leave their homes and move about independently. A friend or relative may help a disabled man fill out the registration form if he can’t do it himself.
Men with disabilities that would disqualify them from military service still must register with Selective Service. Selective Service does not presently have authority to classify men, so even men with obvious handicaps must register now, and if needed, classifications would be determined later.” (http://www.sss.gov/FSwho.htm)
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