California special needs law group

1.Jean-Mark-Gaspard Itard, a French physician, is

considered to be “The Father of Special Education.” Even
though Special Education laws weren’t passed until 1975, with the
Education of the Handicapped Act, Itard was attempting to
educate children with mental disabilities in a systematic fashion
as early as the late 1700s and early 1800s. He is particularly
famous for his work with Victor, a feral child known as the “Wild
Boy of Aveyron.” Itard developed a program, considered by many
as the first attempt at special education, to teach Victor language
and empathy.
2. More boys than girls are being diagnosed with learning
disabilities. Nearly four times as many boys are diagnosed with
LD, but that doesn’t mean that there’s a gender discrepancy in
having a learning disability. It’s just that many girls are going
unidentified or treated for their LD.
3. There aren’t waiting lists for special education. In fact, a
“waiting list” for special education is illegal. A school must provide
the appropriate IEP, resources, and teachers for a child that needs
special education. Schools are permitted a certain time frame in
which to evaluate the student, develop a personalized education
program, and begin providing the services—anything that extends
beyond that time frame violates the law.
4. If you disagree with the school’s proposed IEP, sign it
immediately. This advice is counterintuitive, as you are unlikely
to want to sign anything with which you disagree. However, in
most states, signing it, including your concerns and then filing a
complaint is the best course of action to address the issue
immediately—otherwise, it is assumed that you have implied
consent even without signing it. If you are not sure as to the
process of filing a complaint or how to address a dissatisfactory
IEP, contact a special needs advocateor attorney for advice and
assistance.
5. You legally can bring anyone as an advocate to the IEP
meeting. If you are the parent of a student with a disability, by
law, you can bring whomever you want as an advocate. Ideally,
you would want to bring someone who is familiar with the
process, and some of the laws, and has the best interest of your
child in mind. This is particularly important if you are very new to
the process, are too “close” to the situation, or have established
an adversarial relationship with the school. This would also be a
case where a special needs attorney or advocate would be useful
as a neutral third-party, to protect the parent’s and student’s
interests.
6. Children with severe disabilities do not need to attend a
special school or center. A common misconception is that
severely disabled children should be educated in a center
designed for special education. Educators are unable to decide
whether or not segregationis the best course of choice; however,
by law, a child with special education needs must be educated
with non-disabled children so long as he or she makes reasonable
progress in his or her IEP goals with the aid of special supports
and services. Only if the child is not making progress in a regular
classroom setting will a special program of school be considered.
7. While people are aware of learning disabilities, they
aren’t very familiar with the details. The NCLD survey found
that 90 percent of respondents could identify dyslexia is a
learning disability, and 80 percent could correctly define it, but
most were far less familiar with other types like dysgraphia,
dyscalculia, and dyspraxia.
8. You can ask for a new IEP meeting at anytime. You don’t
have to wait until the next annual IEP meeting to make changes
to the IEP. If you request a meeting, one must be held within 30
days. Any changes agreed upon during the meeting are added as
an amendment to the original IEP.
9. Special education students do go onto college, even if
the Special Education laws don’t extend to post-secondary
schooling. Many colleges and universities offer support
services for students with disabilities. And while only 10 percent
of students with LD enroll in a four-year college program within
two years of graduating (compared to 28 percent of the general
population), 2004’s Individuals with Disabilities Education and
Improvement Act (IDEA) specifically requires that students be
prepared, as much as possible, during early schooling, for further
continuing education and independent living.
10. Many people who have learning disabilities go on to
become extremely successful, and in some cases,
famous. Some of the greatest minds have had learning
disabilities or other special education needs: Abraham Lincoln,
Buzz Aldrin, Walt Disney, Albert Einstein, Sir Isaac Newton,
Thomas Edison, Bill Gates, Henry Ford, Vincent Van Gogh are just
a few of the notable names.
In the course of making sure your child gets all the assistance he
or she needs, no stone should be unturned. Debunking myths,
educating yourself on laws, and just picking up interesting
factoids can help you be a better advocate for your child.