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Navigating Special Education – Autism Parenting Magazine

Parents should understand the laws and their rights in special education.

Parents hope their child is born healthy and fully developed. After birth, overwhelming joy might make them unaware of early signs of developmental delays.

An unexpected autism diagnosis can be shattering and completely unexpected. Thoughts swirl: Will my child talk, walk, learn? What about the future?

Parents are thrust into an unfamiliar world with doctors’ appointments, therapy, and the unknown territory of navigating education.

Parents may feel they’re on a vast ocean in a dinghy without a life jacket. Yet, research and support are greater than ever.

Parents, row your way to shore to find your grounding. Your child will amaze you.

Understanding special education

In 1973, Section 504 of the Rehabilitation Act was enacted, followed in 1975 by Public Law 94 -142, the Education for All Handicapped Children Act.

This second law, under the Individuals with Disabilities Education Act (IDEA), required public schools to provide a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). It mandates expected educational outcomes, preparing students for further education, employment, and independent living.

By 1990, the Americans with Disabilities Act (ADA) was passed, which supported rights in all areas of community living.

Section 504 permits accommodations to support academic, social, and emotional growth. IDEA requires an Individualized Education Program (IEP) based on academic, social, and emotional needs. Typically, an IEP supports a child who needs a modified curriculum.

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Importance of early intervention

The period from birth to age 1 is one of rapid brain growth. By age 3, the brain has reached about 90% of its development. This developmental period is crucial for laying the foundations of a child’s cognitive, language, and emotional skills.

Social responses are the first to develop and provide insight into a child’s brain development. Questionable ones include:

  • Lack of eye contact
  • Unexpected reactions to noise and touch

Document concerns, recording the date, time, and behavior in question. This allows parents to communicate clearly with family, friends, and professionals to determine whether a behavioral pattern exists.

For example, if an infant exhibits fussiness or turns away from touch at a particular time each day, the data could indicate they are hungry.

Early detection leads to necessary interventions that support brain development. If development is compromised during early growth, the outcome may include delays in academic, social, and emotional development.

Supportive steps to determine if your child has specific needs:

  • Request Early Childhood Intervention (ECI) through your state with evaluations in speech, occupational, and physical therapy. Motor development is critical for the formation of neural connections.
  • Seek a comprehensive hearing exam from a pediatric audiologist.
  • Visit an infant pediatric optometrist (Doctor of Optometry) or neuro-ophthalmologist (MD and neurologist) for a vision exam. Both specialize in neurological, muscular, alignment challenges, and vision development.

Evaluations bring about worry. Express your thoughts and concerns with a professional. No one should navigate the autism journey alone. Build your support community.

Understanding special education

The special education process

Always communicate via email and record meetings. Even after a verbal conversation, send a follow-up email.

You must receive the Procedural Safeguards notice, a guide to parents’ rights, with your initial contact with school staff.

The list below provides information to navigate special education.

  • Request a referral for evaluations.
  • Meet to review evaluations before an official meeting.
  • Meet to develop a 504 Plan or IEP.
  • Implement services.
  • Monitor and review often.

If you are with ECI, your service coordinator will assist with transitioning to public school. If your child is 36 months, reach out to your district’s Special Education Department in writing to request recommended evaluations.

  • Comprehensive evaluation, such as the Intelligence Quotient (IQ) or Achievement Assessment, for current performance ability.
  • Occupational therapy for sensory processing and fine motor skills.
  • Physical therapy for suspected motor delays: sitting, crawling, pulling up to stand, etc.
  • Speech therapy for articulation, pragmatics, and social language (expressive and receptive language, fluency, and tone)
  • Assistive technology, if expressive language is lacking.

If your child does not qualify for special education:

  • Request an Independent Educational Evaluation (IEE) (and how to secure approval for it) using a private evaluator at district expense. You can request your child be supported through a 504 Plan while seeking an IEE.
  • A 504 Plan may be appropriate; however, continue to collect data. Monitor grades and social and emotional progress.

The results of an IEE will require another IEP meeting. That could be daunting. Seek the support of a knowledgeable person to attend with you. Continue documenting data to present during 504 planning, IEP, teacher, and other meetings.

Common challenges and solutions

A common challenge for parents is learning the special education “language,” including acronyms. When you do not understand, state firmly and kindly, “I do not understand what was stated. Here is what I heard and understand (insert). Do I have that correct?”

After an explanation, ask, “Is that all I need to know? Are you certain you’ve shared everything I need to know to make an informed decision?”

Due to high turnover, some staff may lack knowledge of Federal and State laws. Email the Special Education Director to clarify concerns when your instinct suggests something is not right.

Parents are legally allowed to participate in all decision-making during any meeting related to their child’s education. Under Parental Involvement: Title I, Part A, Every Student Succeeds Act, there must be engagement between parents and public schools.

If your child is denied services, staff must provide Prior Written Notice (PWN) stating the reason for the denial and identifying the campus’s proposed alternative. PWN language must be parent-friendly.

If you do not receive PWN, email the Special Education Director to notify them of the error, denial of parents’ rights, to ensure your child receives FAPE – Free Appropriate Public Education.

Advocating for your child

You must become your child’s voice. Love for your child will enable you to do it.

Building relationships with staff is important, though not always easy. Use objective data to list your concerns and email them five days before the meeting. Expect the same from school staff. Not being provided with your child’s documents for early review compromises your ability to participate.

Staff must recommend a meeting at a mutually agreed-upon time and place. If you’re not able to meet, request alternative dates and times. You should be notified of the meeting within a known timeframe and ensure staff adhere.

Research your areas of concern. Teachers respect thoughtful questions from well-informed parents, increasing the likelihood that your input will also be respected.

To support your child’s independence, allow them to make mistakes and manage problem-solving. Over-parenting can hinder development and render a child dependent on others.

Allow your child to experience the joy of accomplishing a challenging task.

Special education: From a maze to amazing

Demystify your child’s learning challenges by sharing openly about autism. Share research on others on the autism spectrum who have managed their challenges.

Embrace your child’s strengths to teach self-advocacy and problem-solving. Your child’s unique abilities are much more important than their challenges.

Your child will immerse you in a world of genuine love and honesty. You will meet other families and professionals who bring happiness.

Will you have more to attend to because of autism? Yes, but when your child accomplishes a new task you thought impossible, you’ll experience joy that outweighs the total of your work.

You, your family, and your child will navigate the special education maze, reaching amazing accomplishments.

References:

Medicaid Waiver Program: Register your child with your state for a wide range of Medicaid services to support their development.

One-page profile template for IEP meetings

Other Protective Laws – Educational Rights:

  • Child Find: School districts are obligated to actively seek out, locate, and serve children suspected of a disability.
  • Family Educational Rights to Privacy Act (FERPA)
  • Present Level of Academic Achievement and Functional Performance (PLAAFP)

Parent Information and Resource https://www.parentcenterhub.org/parental-rights/

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