Are you the parent of a child with autism or another type of disability who receives special education services? Do you currently have a dispute with your school district related to your child’s education? Would you like to learn about state special education laws and regulations to use in your defense? This article is for you and will discuss these laws and the information you need to know to further your defense!
1. Every state is required by IDEA 2004 (federal special education law) to have laws and regulations that show how they will comply with the law.
2. State regulations cannot “establish provisions that reduce parental rights or conflict with the requirements of the IDEA and federal regulations.” Federal law “trumps” or is stronger than state law. State law may give more rights to parents, but it cannot take them away.
3. Many state laws are not consistent with federal laws.
4. Some states have been told that they must change their state regulations to make them consistent with federal law. For example: New Jersey stated in its regulations that school districts had the right to evaluate a child in an area that they had not previously evaluated — if a parent requests an independent educational evaluation in public office (IEE in public office). The Office of Special Education Programs (OSEP) found this inconsistent with IDEA 2004 (300.502). They have required NJ to review their regulations and until they do to ensure that school districts are not testing children in an area that was not previously assessed before paying for an IEE.
5. The regulations of other states are also inconsistent with federal law, but the US DOE has not told them to change their regulations. An example is New York, which has a regulation stating that ESY eligibility is only for children with multiple disabilities and / or who show regression and slow recovery. This is not consistent with federal special education law and can harm children by denying them needed services. Another example is in my state of Illinois, the parent guide states that parents must “request” an IEE before testing is done. IDEA 2004 states that parents have the right to “get” an IEE if they disagree with the school’s evaluation. A letter to the Illinois State Board of Education noting this inconsistency was responded to with this statement “The office plans to review the identified guidance document and initiate the necessary revisions during the summer of 2012. Your information will be considered during the course of that process. “It’s 2014 and I’m not holding my breath for the state of Illinois to revise their parenting guide.
6. OSEP policy letters often address inconsistent state laws and regulations! They are excellent promotional tools and can be found at: http://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/index.html#topiclisting. I use them all the time to show special educators how the Office of Special Education Programs (in the US DOE) interprets IDEA 2004 and inconsistent state regulations.
By understanding these 6 things about state special education law, your advocacy will be empowered! Good luck!