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special education
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Frequently Asked Questions
About Special Education
What Is Special Education?
Special Education is specially designed instruction, at no cost
to the parent, to meet the unique needs of a child with a disability.
Michigan’s Mandatory Special Education ACT (P.A. 451 of 1976)
and the Individuals with Disabilities Act (IDEA) Amendments of
1997 (P.L. 105-17 of 1997) guarantee all persons with disabilities
(ages 0-25) the right to a free and appropriate public education
(FAPE).
Who is a child with a disability?
“Student with a disability” means a person who is determined
by an individualized education program team or a hearing officer
to have one or more of the impairments specified in this part
that necessitates special education or related services, or both,
who is not more than 25 years of age as of September 1 of the
school year of enrollment, who has not completed a normal course
of study, and who has not graduated from high school. A student
who reaches the age of 26 years after September 1 is a “student
with a disability” and entitled to continue a special education
program or service until the end of that school year.
Oakland Schools Department of Special Education
provides:
How do I request services from Oakland Schools?
Services from Oakland Schools must be initiated by your local
school district director of Special Education. A student referral
form (SRF) is filled out and signed by the parent and director.
It specifies which service(s) are being requested. Upon receiving
it, Oakland Schools will assign the case to the appropriate professional.
What costs are incurred for services at Oakland
Schools?
There is no cost to the parent or local district for services
at Oakland Schools.
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Getting Help - Where to Start
My child seems different from other kids
his age. What should I do?
If your child is five (5) years or younger, please contact your
local school district’s Child Find coordinator. If your child
is older than five years old, please contact your local
school district director of Special Education.
My toddler has been diagnosed with a hearing
loss, what should I do?
There are a host of services available to your child through your
local school district. If your child is five (5) years or younger
please contact your local school district’s Child Find Coordinator.
What is a continuum of service?
This term refers to the wide range of services available to special
needs students in the county. These services can range from a
center program placement to a brief conference between an Oakland
Schools consultant and your child’s teacher.
Where do I start to get help?
When a child is having difficulty in school, help starts with
the classroom teacher and the school principal, in most buildings,
there is a team of staff, sometimes referred to as the building
support team or teacher assistance team, which will assist teachers
and parents in addressing concerns related to learning problems
of individual students. A special education referral can be made
by anyone who suspects that a student may have a disability; the
special education referral is a written statement describing educational
concerns for a student. The referral will prompt an evaluation,
the first step in determining if a child has a disability. Prior
to the evaluation, you will receive written notice, describing
the evaluation and why it is being requested. Written parental
consent must be obtained before the district conducts an initial
evaluation. This consent is only for the evaluation. You will
be given a Parent Handbook that further describes your rights
as a parent and will describe the next steps in the process, including
your participation in the Individualized Educational Plan (IEP)
meeting that will be held at the end of the evaluation. Once you
give your consent for an evaluation, the district will have 30
school days to complete the evaluation, meet with you, and hold
an IEP Team meeting.
How long will it take to get help?
According to Special Education Guidelines: Within 10 calendar
days of receipt of a referral of a student suspected of having
a disability, and before any formal evaluation designed to determine
eligibility for special education programs and services, the public
agency shall notify the parent and shall request written consent
to evaluate. There shall be no more than thirty (30) school days
between district receipt of parent consent and the initial IEP
Team meeting.
During those thirty (30) school days following
the parent consent:
- A Multidisciplinary Evaluation Team (MET),
composed of appropriate professional staff and the parent, will
complete an evaluation, including offering the opportunity for
input from the parent and considering other evaluations or information
that the parent provides.
- Meet with the parent to discuss the results
of the evaluation and determine a recommendation for eligibility
for Special Education services
- Schedule and hold an initial IEP Team meeting
with the parent. The purpose of the meeting will be to determine
if the child is eligible for Special Education services, based
on state rules and regulations, and then to determine programs
and services based on the students individual educational needs
and current levels of performance.
- An Individualized Educational Plan (IEP)
will be written at that time describing all decisions made at
the meeting.
(1) The superintendent of the school district
of residence, upon receipt of the Individualized Educational Plan,
shall, within seven (7) calendar days, either appeal under R 340.1724
or provide written notice to the parent of the agency’s intent
to implement special education programs and services. The notice
shall identify where the programs and services are to be provided
and when the individualized education program begins.
(2) The parent, upon receipt of notification
from the superintendent, shall have the right, at any time, to
appeal the decision under R 340.1724. If the parent does not appeal,
then the superintendent shall initiate the individualized education
program as soon as possible, but not later than 15 school days
after the parent has been notified. An initiation date may be
later than 15 school days if clearly specified in the individualized
education program; however, a projected initiation date shall
not be used to deny or delay programs or services because they
are not available and shall not be used for purposes of administrative
convenience.
(3) If a student with a disability is to be
provided Special Education or related services for the first time,
then the parent has 10 calendar days after receipt of the notice
from the superintendent to provide the public agency with written
consent to provide Special Education programs and services. If
the parent refuses consent or does not respond, then the public
agency has the right to request a hearing under R 340.1724.
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What is an IEP? How Do I Prepare?
What is an IEP? Who develops the IEP and
when?
An “Individualized Education Program” (IEP) means a
written evaluation plan for a child with a disability that outlines
the special education and related services to be received. The
team developing the IEP is comprised of the parents, school professionals,
and the student when appropriate. This is done at a meeting, which
is scheduled at a mutually agreeable time. The written document
is a record of the IEP Team meeting.
Why does my child need an evaluation?
An evaluation is done to answer these questions:
- Does the child have a particular category
of disability?
- How is the child currently performing in
school?
- What are the child’s educational needs?
- Does the child need special education and
related services?
- What additions or modifications, if any,
are needed to enable the child to meet annual goals in the Individualized
Education Program (IEP) and progress in general curriculum?
What happens in an evaluation?
- Before a child is evaluated for the first
time, the school must notify the parents. The notice describes
any evaluation that the school proposes to conduct. The parents
must give their informed consent for the child to be evaluated.
- The next step involves gathering and reviewing
existing information on the child by an Multi Disciplinary Evaluation
Team (MET). This includes evaluations and information provided
by the parents, current classroom-based assessments and observations,
and teacher and other service providers’ observations.
- After the information is reviewed, if the
questions listed above still need answers, additional tests
and evaluations will be given.
How do I prepare for the IEP meeting?
You may want to consider the following ideas for preparing
for meetings at school:
- Obtain as much information as possible before
the meeting by participating as a member of the MET team, talking
with your child’s teacher, and visiting your child in his/her
current program.
- Share information from other agencies with
school staff.
- Keep a file of reports and documents related
to your child’s school program. Bring information with
you to the MET and IEP Team meetings.
- Become familiar with your rights and with
special education terminology by reading your parent handbook.
- Whenever possible, have both parents attend
the IEP Team meeting. Also, consider bringing a friend or relative
who is knowledgeable about your child and can talk things through
with you as needed.
- Write down your questions and concerns and
take them to the meeting.
- Make a list of the things that you want your
child to learn in school. You can work with school staff to
develop goals and objectives for your child’s program.
What do I do at the IEP meeting and can I
bring someone with me?
You will need to represent the interest of your child. This
can be done by:
- Participating as an active member of the
IEP Team, sharing your thoughts and ideas about the educational
needs of your child.
- Ask for an explanation of information and
terminology that you do not understand.
- Tell staff if information that is given does
not sound like your child.
- Ask for explanations, advantages and disadvantages
of services or programs that are proposed.
- Ask what you can do at home to help your
child reach the IEP goals that are set.
- The length of the meeting may vary. Additional
time may be needed at a second meeting in order to address individual
needs of the student.
- Ask for a copy of the IEP at the end of the
meeting.
- Be sure you understand the contents of the
MET evaluation and the IEP before you sign it. You may take
it home to consider it (for a day or two, may want to remove)
if needed.
It is also OK to contact a parent advocate who
can attend the meeting with you and act as a support person to
you about special education laws and procedures. Advocates with
offices in our community include:
- Community Advocates for Persons with Developmental
Disabilities
- Children’s Advocacy Center, MI Association
for Children with Emotional Disorders
- Down’s Syndrome Resource League
What if I don’t like what is happening
at the meeting?
Disagreements can be viewed as a sign that there are a number
of people who care about your child, but have different points
of view. It is important that all members of the team work together
to resolve areas of disagreement. It may be necessary to:
- Stop and listen to make sure that each person’s
point of view is heard.
- List areas of disagreement and address them
one at a time.
- Reconvene the meeting after questions have
been answered or more information is obtained.
However, the school district has the responsibility
to assure that an appropriate program is designed and implemented
for the child. If, at the end of the meeting, you as the parent
are not in agreement with the IEP plan that is written down, you
have the right to appeal the plan by signing in disagreement and
requesting:
- Mediation-Mediation is a method of resolving
a dispute by working with a neutral third party who can assist
you and the school district to find an acceptable resolution.
You and the district must agree on the mediator and the mediator
may not impose a decision on you.
- Due Process Hearing-Due process is a formal
way to resolve disagreements about IEP Team decisions. There
must be a written request for a hearing describing concerns
and proposed resolution. A hearing officer is appointed that
is agreeable to both sides. Each side presents witnesses and
evidence and is allowed to question the witnesses and evidence
presented by the other side.
Should my child go to meetings?
Students may have a place at the IEP because they often have
accurate insights to their strengths and needs. When they are
involved in determining the goals and objectives, they have more
commitment to achieving them. Each student should have the option
to be part of the process. Students are a part of their transition
planning starting at age 14. These plans are updated annually.
Students who are age 17 are notified that their rights will be
transferred to them upon reaching the age of majority (18).
How does a parent participate in the decision
making process?
Parents have the opportunity to provide information and participate
in decision making at meetings related to identification, evaluation,
educational placement, re-evaluation, and the appropriate education
of the child.
Parents give consent for initial evaluations and re-evaluations
Parents will receive regular reports on their child’s progress.
Parents must notify the school district if they intend to remove
their child from the public school or intend to file a complaint.
How often is the IEP reviewed?
On an annual basis, an IEPT must meet to review student progress
and consider appropriate programs and services.
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After the IEP
How do I continue to be involved in my child’s
special education program?
Don’t be a stranger at school. Visit the school; get to know
the teachers and principal.
- Visit your child’s classroom.
- Participate in the normal school activities.
Both you and your child remain members of the school community.
Go to the Open House, after school events, participate on the
School Improvement Team or parent volunteer organizations.
- Keep positive communication going with teachers.
Share information that you have about medical issues, behavior
changes, and family events. Report on gains in skills that you
see at home.
- Request a conference with your child’s
teacher, a new IEP Team meeting or an updated evaluation if
you believe that there are other issues to address with school
staff.
Keep the IEPT report, progress reports and other
educational records together for your reference.
Who do I contact when I have questions?
Start with the staff at your child’s school. Talk first with
the teacher and principal. Remember your MET and IEP Team members,
they can be ongoing resources and will continue to follow the
progress of your child. Each district has a special education
service area office that houses the director of Special Education
and supervisors who can provide information on programs and procedures
in that service area.
Will my child always be in special education?
Special Education services are provided to children who continue
to need assistance in order to access the general education program
or specific learning experiences related to their disability.
Each year, the child’s need for special education programs
and services is reviewed at the annual IEPT meeting. Parents can
monitor progress on specific IEP goals and objectives each time
progress reports are provided, which must be at least as often
as other students in the general education program. Once identified
as a student with a disability, a child may not always need special
education services. If that child is able to learn specific skills
or to compensate in a way so that he or she may be successful
in the general education program, without support, services may
not continue to be needed. This is why it is important for parents
to participate in MET evaluations and IEP Team meetings, as well
as monitor progress reports, so that you are able to assess how
your child is learning in school and what supports are needed
for success.
If things aren’t happening like the
plan says, what can I do?
There are a number of resources available to parents:
- Any concerns that you have about your child’s
school program should be discussed first with your child’s
teacher and principal. If you cannot resolve the issue, contact
the director of Special Education for your local district. These
are informal methods that are often quicker and less adversarial.
- Any concern about implementation of
the IEP may also be addressed by filing a formal complaint.
“Complaint” means a written and signed allegation
that includes the facts on which the allegation is based, by
an individual or an organization, that there is a violation
of any of the following:
- Any current provision of these
rules.
- 1976 PA 451, MCL 380.1 et seq., as it
pertains to special education programs and services.
- The individuals with disabilities education
act of 1997, 20 U.S.C., chapter 33, §1400 et seq.,
and the regulations implementing the act, 34 C.F.R. part
300.
- An intermediate school district plan.
- An individualized education program team
report, hearing officer decision, or court decision regarding
special education programs or services.
- The state application for federal funds
under the individuals with disabilities education act.
Formal complaints may be filed by contacting
the Oakland Schools Monitoring and Compliance Officers, Dr. Francis
Paris, 248.209.2353 or Laura McClure, 248.209.2552. You may also
seek assistance on how to write a formal complaint. The Procedural
Safeguards for Parents of Students with Disabilities has a full
explanation of parent rights and timelines regarding the complaint
process.
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