Child's Rights to a Special Education
by David Sherman
Ordering Information
SAMPLE CHAPTER
Extended School Year Services
Autism - Your Child's Legal Rights to a Special Education
The following information, provided by special education attorney, Dave Sherman and the law firm of Sherman & Ziegler, is for educational purposes only and is not intended to provide legal advice.
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The full article below covers the following topics: Children Covered by the IDEA, Definition of "Education", Getting Started, Notebooks, Calendars, Special Education Box, Assessments, Independent Educational Evaluations IEE, Keeping a Written Record, Letter Writing, Sample Letters, IEPs, Goals and Objectives, What is an Appropriate Education? Parent Attachments to IEPs, Least Restrictive Environment, Extended School Year Services, Stay Put, Assistive Technology, Prior Written Notice, Transition Services, Compensatory Education, Mediation and Due Process
What Are Your Child's Rights?
There are a number of laws that give your child with autism rights to an appropriate education. The Individuals with Disabilities Education Act (IDEA) is the law most commonly used to provide a special education. Most children with an autism spectrum disorder are covered under IDEA. However, some children with Asperger's or other pervasive developmental disorders who are high-functioning receive services through section 504.
If you suspect that your child has a pervasive developmental disorder, the first step that you should take is to obtain an assessment by a qualified professional who is knowledgeable about autism. If you can afford it, it is best to hire a private professional with extensive experience in pervasive developmental disorders ("PDD") to assess your child. (PDD is a broader category than autistic spectrum disorder ("ASD"), which is broader than autism.)
You can also have a free assessment performed by the school district in which you live. However, school personnel often are not as qualified as a private expert. If you decide to obtain an assessment from the local educational agency ("LEA"), such as your school district, write to the LEA requesting an assessment. Also, request a written summary of the qualifications of the assessor who will be assessing your child. (See "Sample Letters" section on the left of the front page).
One of the advantages of hiring a private expert is that you can ensure that this person has extensive education, training, and experience in autism. An assessment by a person who is not qualified can lead to a misdiagnosis. A misdiagnosis can result in an inappropriate program that can set your child's development back. Sometimes, a child will lose development processes that can never be recovered.
Additionally, a private expert can help you obtain free appropriate services from your school district or your child's educational agency. You are entitled to receive these, by law.