Russ Stryker, a special ed attorney, wrote this advocacy handbook to assist parents of children with disabilities in Maine. Most of the information and advice is relevant to other states as well. ---------- Parents as Advocates: A Guide to Special Education in Maine TABLE OF CONTENTS Introduction....................................... 1. What Are The Laws And Regulations That Protect The Rights Of Children With Disabilities?..... 3 2. How Does Section 504 Protect The Rights Of Students With Disabilities?................... 3 3. How Does The Americans With Disabilities Act Protect The Rights Of Students With Disabilities?................................. 4 4. How Does The Maine Human Rights Act Apply To Students With Disabilities?................... 5 5. How Does The Family Educational Rights And Privacy Act Protect The Rights of Students With Disabilities?............................... 5 6. How Does Public Law 94-142 Protect The Rights Of Students With Disabilities?................ 6 7. Who Is Eligible To Receive Special Education Services?..................................... 7 8. How Are Students Referred For Special Education Services?........................... 8 9. What is the Role of The Early Childhood Team Or Pupil Evaluation Team Members?............. 9 10. Who Are The Early Childhood Team Or Pupil Evaluation Team Members?...................... 9 11. How Are The Special Needs Of Students Evaluated?.................................... 10 12. When Are PET/ECT Meetings Held?............... 11 13. What Is An Individualized Education Program (IEP)? What Is An Individual Family Service Plan (IFSP)?.................................. 12 14. What Are Transition Services And Assistive Technology?................................... 13 15. What Is The PET/ECT Decision-Making Process?...................................... 14 16. When Should Parents Disagree With An IEP/IFSP?..................................... 15 17. Are Parents Required To Participate In PET Meetings?..................................... 15 18. Can Students With Disabilities Be Suspended Or Expelled?.................................. 16 19. What If IEP/IFSP Goals And Objectives Are Not Being Met?................................ 17 20. How Can Independent Evaluations Be Obtained?.. 17 21. What Can Parents Do When They Disagree With The School Or CDS Site?....................... 18 22. Due Process Hearing Procedures................ 18 23. Mediation in Special Education................ 20 24. Complaint Process............................. 20 25. Appeals....................................... 22 26. Office Of Civil Rights (OCR) Complaint Process....................................... 22 27. Who Is Responsible For Monitoring Local School Districts?............................. 23 SUPPLEMENTS: 1. How Can Parents Make A PET Meeting More Productive?................................... S-1 2. Parent Involvement: Barriers And Clues........ S-2 3. Main Parts Of The IEP......................... S-4 4. Twenty Questions To Be Answered At A PET/ECT Meeting....................................... S-6 5. Individualized Education Program (IEP) Individualized Family Service Plan (IFSP) Parents' Worksheet............................ S-7 6. Rights Of Parents In Special Education........ S-11 7. Sample Letters Requesting Identification..................... S-15 Requesting A PET Meeting...................... S-16 Requesting Review And Revision................ S-17 Requesting Re-Evaluation...................... S-18 Requesting An Independent Evaluation.......... S-19 Requesting Records From School................ S-20 8. Summary Of Services Provided By MAS........... S-21 9. Special Education Resources In Maine.......... S-23 10. Parent Advocate Request Form.................. S-27 INTRODUCTION Students with disabilities are protected under four federal statutes: (1) P.L. 94-142, The Individuals with Disabilities Educational Act (IDEA); (2) Section 504 of the Rehabilitation Act of 1973; (3) Americans with Disabilities Act (ADA); and (4) Family Educational Right to Privacy Act (FERPA). P.L. 94-142, first enacted in 1975 and most recently amended in 1990, is the federal statute that funds a portion of special education costs incurred by States. A fundamental concept underlying P.L. 94-142 is the belief that parents should be equal participants in planning special education programs for their children.The Early Childhood Team (ECT)/Individual Family Service Plan (IFSP) process can identify the needs of children birth through school aged five with screening and evaluations and provide programs from the child's third birthday through age five to a child's sixth birthday, unless the child is eligible for public school services. Once a child is eligible for public school a Pupil Evaluation Team (PET) meets to develop an Individual Education Plan (IEP) with parents. But unless parents understand the laws and regulations pertaining to disabilities, they can not exercise their rights. This handbook is intended as a basic guideline for parents of students with disabilities, with primary emphasis on the ECT/PET process and the development of the IFSP or the IEP. This handbook is not intended as a substitute or a legal interpretation of federal or state statutes and regulations. For a copy of Maine's Special Education Regulations for preschool (Chapter 180) and for school aged students (Chapter 101), contact: Maine Department of Education Division of Special Education State House Station #23, Augusta, ME. 04333 Telephone: 287-5950. For a copy of the Family Educational Rights to Privacy Act (FERPA or the Buckley Amendment), contact MDOE. A copy of P.L. 94-142 (IDEA) regulations amended in September of 1992 can also be obtained from the Department. For a copy of Section 504 of the Rehabilitation Act of 1973 or a copy of the OCR Complaint Process guidelines, contact: Office of Civil Rights, Region I U.S. Department of Education John W. McCormack Post Office Square Room 222 Boston, MASS. 02109 Telephone: (617)-223-9662 TTY (617) 223-9324 For a copy of the Americans with Disabilities Act, contact: Government Printing Office Superintendent of Documents Washington, D.C. 20402 Telephone via modem: 304-766-7842 To obtain an order form for the ADA handbook, which includes the statute and regulations for Titles I, II, and III: call 800-669-3362. For a copy of the Maine Human Rights Act, contact: Maine Human Rights Commission State House Station 51 Augusta, ME 04333 Telephone: 624-6050 WHAT ARE THE LAWS AND REGULATIONS THAT PROTECT THE RIGHTS OF CHILDREN WITH DISABILITIES? Legal References Federal : Section 504 of the Rehabilitation Act of 1973 & regulations 34 Code of Federal Regulations Part 104 Public Law 94-l42 (IDEA)(as amended) 20 U.S.C. l400-l485 34 Code of Federal Regulations Part 300 (amended 9/29/92) Family Education Right to Privacy Act (FERPA) regulations at 34 Code of Federal Regulations Part 99 State: Title 20-A Maine Revised Statutes Annotated Chapters 30l, 302; Maine State Special Education Regulations HOW DOES SECTION 504 PROTECT THE RIGHTS OF STUDENTS WITH DISABILITIES? Section 504 of the Rehabilitation Act of 1973 is a civil rights act that protects the rights of persons with disabilities from discrimination. Section 504 applies only to programs or agencies that receive federal funding. As a practical matter, this means that it will apply to, at minimum, all public schools in Maine. Many private schools will also be covered. Section 504 protects a broader range of students with disabilities compared to IDEA. A student is covered under Section 504 if he or she: -- has a physical or mental impairment which substantially limits one or more major life activities; -- has a record of such an impairment; or -- is regarded as having such an impairment. Under Section 504 it is illegal to deny students with disabilities the right to participate in extracurricular activities. Section 504 also prohibits the provision of different services to students with disabilities unless such action is necessary to provide the affected person with aid, benefits or services that are as effective as those provided to others. Section 504 applies to students with disabilities who are in regular as well as special education classrooms. Under Section 504 schools and other federally funded programs must provide Free and Appropriate Public Education (FAPE) and "auxiliary aids and services" to meet the individual educational needs of students with disabilities. Parents can use 504 to request "reasonable accommodations" to the known physical or mental limitations of their child. The school does not necessarily have to grant the request if it can prove the accommodation would impose an "undue hardship" on the operation of its program. But this is a difficult burden of proof in most cases. Examples of "reasonable accommodations" include modified homework requirements, provision of taped textbooks, changes in the way tests are given, provision of a teacher's aide, and preferential classroom seating. Section 504 requires a written plan -- sometimes referred to as an Individual Determination Plan -- which includes a description of services to be provided, and/or accommodations. To be in compliance with Section 504, a school district must: -- designate an employee to coordinate compliance, and develop grievance procedures; -- provide notice of nondiscrimination in admission or access to its programs or activities; -- provide parents or guardians with procedural safeguards. If the school has not complied with any of these requirements, parents may consider filing a complaint (see section on filing complaints with OCR). The most important point for parents to remember is that a student who is not eligible for special education services under P.L. 94-142 (IDEA) is probably covered under Section 504. HOW DOES THE AMERICANS WITH DISABILITIES ACT PROTECT THE RIGHTS OF STUDENTS WITH DISABILITIES? The Americans with Disabilities Act (ADA) essentially extends the protections against discrimination available under Section 504 to other entities. It applies to public schools, but it also applies to the private sector, including private, nonsectarian schools. The ADA may also provide stronger rights than Section 504 regarding physical accessibility. HOW DOES THE MAINE HUMAN RIGHTS ACT APPLY TO STUDENTS WITH DISABILITIES? This law provides that it is unlawful to exclude participation in any educational activity on the basis of physical or mental disability. Under this law, for example, it would be illegal to deny a person with disabilities equal opportunity in athletic programs. Under this law it is a civil right not to be discriminated against in regards to participation in educational counseling, vocational guidance, apprenticeship, and on-the-job training programs. HOW DOES THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT PROTECT THE RIGHTS OF STUDENTS WITH DISABILITIES? FERPA, which is also referred to as the "Buckley Amendment", gives to all parents and guardians of students the right to see, seek correction of , and control access to student records. The school has up to 45 days to grant a parent's request to see the records. However, if a PET or hearing is coming up the school must comply with requests "without unnecessary delay" (and in no case shall the school take more than 45 days). Parents can challenge the content of the student's education records. If the school refuses to amend or delete the offending record, the parent is entitled to a hearing. Even if the hearing officer does not rule in favor of the parent, the parent has the right to place a statement in the record commenting on the contested information in the record. A person may file a written complaint with the Family Policy and Regulations Office, U.S. Department of Education, Washington, D.C. 20202. Many FERPA rights are incorporated within Maine State Special Education regulations for students who are eligible for special education services (Chapter 101, Section 12, and Chapter 180, Section 12). Under Chapter 101 and Chapter 180, if a parent requests the school or Child Development Services Site if the child is not yet school aged, to amend education records that are misleading, inaccurate or a violation of the student's privacy, the school has 15 days to either amend the records or advise the parent of an opportunity for a hearing. HOW DOES PUBLIC LAW 94-142 PROTECT THE RIGHTS OF STUDENTS WITH DISABILITIES? P.L. 94-142, known as IDEA, is a federal statute that provides financial assistance to States which guarantee that all children with disabilities receive a "free and appropriate public education (FAPE)." At the heart of P.L. 94-l42 are two major requirements. Individuals 3-20 are entitled to: -- a free appropriate public education, including special education and related services, implemented through the IFSP or IEP; and -- placement in the least restrictive environment (LRE). To ensure students with disabilities receive FAPE, IDEA also includes procedural safeguards to enable parents to challenge a school administrative unit's actions and decisions. P.L. 94-l42 defines special education as specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability ages 3-20 enrolled in school. Special education can include classroom instruction, physical education instruction, home instruction, vocational education, and instruction in hospitals, institutions and other settings. Related services refers to transportation and supportive services that are required to assist a child with a disability to benefit from special education. Supportive services can include, but are not limited to the following: -- speech pathology and audiology; -- physical, occupational and recreation therapy; -- counseling services, including social work services, and rehabilitation counseling; -- individual and family counseling; -- parent training. student with a disability cannot receive "related services" unless the child is eligible for special education services. (But if your child is not eligible for special education, he or she could still potentially receive "auxiliary services and aids" under Section 504). Schools are required to educate students with disabilities in the least restrictive environment. LRE is defined as the right of your child to be educated with non-disabled peers to the maximum extent that is appropriate, and to participate in extracurricular and nonacademic services and activities. LRE also refers to a continuum of placement options. Usually the regular education classroom setting would be the least restrictive placement for a student and the most restrictive placement would be a residential treatment center. Most students with disabilities can usually be mainstreamed for most of the school day with supports (an aide, consultation services from the special education teacher, etc.). However, in Maine one of the biggest obstacles to achieving "full inclusion," is that students with disabilities are frequently mainstreamed without adequate support services. WHO IS ELIGIBLE TO RECEIVE SPECIAL EDUCATION SERVICES? Students in Maine with disabilities between the ages of 3-20 are eligible to receive special education and related services if they have at least one of the following "handicapping conditions" (Chapter 101, Section 3.1 and Chapter 180, Section 8): -- mental retardation; -- hearing impairment or deafness; -- speech or language impairment; -- visual impairment or blindness; -- behavioral impairment; -- orthopedic impairment; -- other health impairment; -- learning disability; -- autism; -- traumatic brain injury; -- multiple handicaps. The disability must be severe enough to have an adverse impact upon educational performance (which includes nonacademic areas as well as academic areas), and must require the provision of special education services for the student to benefit from his or her educational program. A diagnosis of a disability is not equivalent to the right of the child to receive special education services. For a student with learning disabilities to be eligible for special education services, for example, there must be a significant discrepancy between the child's intellectual potential and academic achievement. The 1.5 standard deviation standard that is used by school districts to determine this discrepancy is only a guideline, and other criteria must be taken into account (Chapter 101, Section 3.10). Parents should be aware that students determined not eligible for special education services by the PET under LD may still be eligible for services under another handicapping condition. Again, these students with a diagnosed disability are still covered by Section 504. Because ADD (Attention Deficit Disorder) is NOT a handicapping condition under Chapter 101, in order for a student diagnosed as having ADD to receive special education or related services, the student must meet the identifying criteria of "behavioral impairment," "learning disability," or "other health impairment." Regardless of the determination regarding special education services, students with ADD are protected under Section 504. HOW ARE STUDENTS REFERRED FOR SPECIAL EDUCATION SERVICES? For children birth-5 the process of identifying children with special needs begins with a developmental screening. A screening is a brief procedure which helps identify children who may need a more in-depth evaluation in one or more areas. The statewide Child Development Services System serves as a center for referral and ensures that children are appropriately screened and evaluated and are provided with a Free and Appropriate Public Education upon their third birthday. The ECT determines eligibility for services. Each local school administrative unit has responsibility for screening all students entering public school for the first time during the first 30 days of school, or 30 days within enrollment for transfer students, to deterine whether there is need for special education services. Screening may be waived for students previously screened or identified as having a disability. If the screening process indicates a student may require special education and supportive services, a referral is made to the Pupil Evaluation Team (PET) to determine eligibility. If a referral is made to the PET, parents must be sent written notice. Parents and other knowledgeable individuals, as well as school personnel, can refer students to the PET in addition to school personnel at any time. WHAT IS THE ROLE OF THE EARLY CHILDHOOD TEAM OR PUPIL EVALUATION TEAM MEMBERS? The teams are responsible for: -- reviewing existing evaluations, observations by team members and classroom performance data; -- recommending additional evaluations; -- determining the extent to which the student's disability affects his/her educational performance; -- developing, reviewing and revising IFSPs or IEPs; -- determining the least restrictive educational alternative in which to implement the student's IFSP or IEP. WHO ARE THE EARLY CHILDHOOD TEAM OR PUPIL EVALUATION TEAM MEMBERS? At a minimum a team meeting must include the following members: -- the parent(s) or someone acting in that role such as the child's legal guardian or surrogate parent; -- the student's special education teacher, or an individual qualified to provide special education; -- if this is an Early Childhood Team meeting, a Child Development Services staff memeber authorized to commit resources and an administrative case manager must be present; -- if this is a Pupil Evaluation Team, the student's regular education teacher(s) or teacher representative must be present along with the Special Education Director or another administrator authorized to commit resources and ensure the delivery of services. Additional participants including advocates may be invited at either the school's or parent's discretion. Chapter 101 permits DHS case managers and supervisors of children who are under the guardianship of the Department of Human Services to attend PET meetings. However, ONLY surrogate parents of DHS wards are authorized under Chapter 101 to make the decisions of parents, take the role of parents, and have the rights of parents. Parents can limit the number of people attending PET meetings by contacting either the principal or special education director to see what alternatives are possible. For example, if assessments are provided prior to the meeting, certain support personnel may not need to attend. In addition the number of regular education teachers can be limited. Students of all ages should be encouraged to attend PET meetings, particularly in annual reviews. For students 16 years of age, or younger where appropriate, the IEP must address transition from school to post-school life and how services can be provided to make that transition successful. When a PET will be discussing transition issues, the school is required to invite the student. (The PET is also required to take into account the student's preferences when drafting the transition component of the IEP). HOW ARE THE SPECIAL NEEDS OF STUDENTS EVALUATED? In order to indentify a student as eligible for special education services, a multidisciplinary evaluation is required in all areas related to the child's suspected disability. No single evaluation or test, such as an IQ test,to determine a student's eligibility for special education services program or placement. Classroom observation by an evaluator other than the student's regular teacher is required to assess ALL students who are suspected of having disabilities. Prior written parental consent is required for evaluation prior to a student's initial placement in a special education program. Parents must receive prior written notice of any subsequent proposed evaluation. All evaluators must meet the professional qualifications of the publisher of the evaluation or assessment tool, and shall have successfully completed appropriate training in each assessment area in which they conduct evaluations (See Section 8.11, Chapter 101 or Section 11, Chapter 180). This is a minimum standard. Most school districts in Maine contract with either licensed Ph.D. psychologists or master's level psychological examiners to do cognitive testing. These psychologists and psychological examiners must be certified as providers of school psychological services by MDOE. Parents are advised to inquire about the credentials of evaluators. There is a difference between the minimal standard as set by federal and state laws and regulations, and what constitutes "best professional practice." Any evaluation and accompanying report must be completed within 60 days of the PET or ECT referral or the school decision to have the evaluation done. Parents must receive (either in writing or by conference) an explanation of the results of the evaluation and its significance. Parents are advised to obtain copies of evaluations BEFORE PET or ECT meetings in order to review them. Reports by evaluators must "specify the educational recommendations necessary to accommodate the student's special education needs" (Chapter 101, Section 8.13, Chapter 180, Section 9.1). When an initial evaluation report is presented to the PET or ECT, the team shall include whenever possible the professional who conducted the evaluation. Parents are advised to have PET or ECT meetings scheduled in order for the evaluator(s) to attend. A re-evaluation of each student who receives special education services must be conducted every three years, or more frequently if the student's parent so requests or if the PET or ECT recommends a re-evaluation. The purpose of these re-evaluations is to determine if the student is still in need of special education and the appropriateness of the program. If you disagree with an evaluation made or obtained by the school or Child Development Service, you have the right to request an independent evaluation of your child at public expense. WHEN ARE PET/ECT MEETINGS HELD? P.L. 94-142 requires that an IEP or IFSP be in effect before special education and supportive services are first provided to a child. Each school unit or Child Development Services Site must implement the IEP or IFSP as soon as possible following the PET or ECT meeting. In any event, an IEP shall be implemented no later than 30 days after a PET meeting where a student is initially identified as being eligible for special education services. A copy of the IEP must be provided to the parents within 2l school days of the PET meeting at which the IEP was developed. It is a good policy for IEP's to be signed by parents, but there is no requirement under P.L. 94-142 to do so. However, for an IFSP, signature of the parent to indicate both informed and voluntary consent is required. Children receiving special education services must have their IEPs reviewed and revised at least once each year. The annual requirement is only a minimal expectation. All IFSPs must be reviewed every six months. If parents believe that their child is not progressing satisfactorily or that there is a problem with the current IEP or IFSP, they have the right to request a PET or ECT meeting. WHAT IS AN INDIVIDUALIZED EDUCATION PROGRAM (IEP)? WHAT IS AN INDIVIDUAL FAMILY SERVICE PLAN (IFSP)? The IEP is a written plan for meeting a student's unique special education needs. The IEP is developed during a PET meeting with the input of parents, school personnel, and other knowledgeable individuals. The IEP sets out educational goals for the child and the services required in order for the child to achieve them. Think of the IEP in this way: An IEP should contain: -- Description of the child's disability and the impact upon current level of educational performance in academic and non-academic areas; -- Annual educational goals and short-term instructional objectives; -- Specific special education and supportive services to be provided, including staff positions responsible for providing each service, and how often your child will receive each service; -- The extent to which your child will take part in the regular education program; -- A list of accommodations needed in the regular classroom that are necessary to ensure a child's participation in the regular classroom (See Appendix C, Question #48 of the IDEA regulations); -- Projected dates for beginning services and the duration of those services (not to exceed l2 months); -- Appropriate objective criteria and evaluation procedures and schedules for determining whether the short- term instructional objectives are being achieved; -- A summary of any necessary special education transportation; -- A description of any assistive technology devices and services required; -- A statement of needed transition services for students beginning no later than age 16; including a statement of interagency responsibilities or linkages. The IFSP contains all the applicable components of the IEP plus: -- With the concurrence of the family, a statement about the family's strengths and needs related to enhancing the development of the child and the role of the family in implementation of the IFSP; -- To the extent appropriate, other service needs such as medical and social services the child needs, but that are not required under this part, and if necessary, the steps to secure those services through public or private resources. -- The name of the service coordinator, if one is assigned, responsible for the implementation of the IFSP. IEP's for students between the ages of 15 and 20 shall specify the projected graduation date (the PET may make accommodations and adaptations to graduation requirements to reflect the unique skills and abilities of the student). If the student can benefit from consultation services, these services are to be provided by a certified special education consultant or teacher in order to assist regular education teachers in modifying or adapting the regular curriculum. Monitoring services must be provided if the student is in transition from a special education program to a regular program. Services must include at least quarterly meetings to discuss the student's program and his or her progress in that program. WHAT ARE TRANSITION SERVICES AND ASSISTIVE TECHNOLOGY? "Transition services" refers to those activities needed by students with disabilities ages 16 (or younger if appropriate) to promote movement from school to post-school activities (e.g. supported employment, etc.). These services need to be described in a student's IEP. The student's preferences should be taken into account in developing this aspect of the IEP. If a participating agency fails to provide agreed upon services, the PET must reconvene to discuss alternative strategies. If the PET or ECT determines that a student needs "assistive technology or services" (e.g. computers, auditory trainers, facilitated communication, etc.) in order to receive FAPE, the school or Child Development Services Site must ensure that they are made available. WHAT IS THE PET/ECT DECISION-MAKING PROCESS? PET and ECT decisions are made by consensus of the members present. If the PET is unable to reach an agreement on a particular issue, members of the PET may: (1) include dissenting or minority opinions within the minutes; (2) the school administrator may reconvene the PET at a later time; (3) or the team may use whatever method is acceptable to those present in order to reach a decision. If the PET is deadlocked and unable to agree on a method to make a decision, the school administrator makes the determination subject to the parent's right to a due process hearing. If the IEP proposed for a student represents the student's initial placement in special education, written consent from a parent is required before placement can occur. In the absence of such consent, a school may initiate a due process hearing to determine whether the student may be initially placed without parental consent. If a child is receiving special education services, the school, after providing notice to the parents and convening a PET meeting, may revise the IEP without obtaining parental consent, unless the parent initiates a due process hearing. In order for an ECT to decide on an IFSP informed and voluntary consent of the parent is required. WHEN SHOULD PARENTS DISAGREE WITH AN IEP/IFSP? Parents are advised to NOT agree to an IEP/IFSP when they think any of the following is true: -- the evaluation or assessment is inadequate; -- the parents' views were ignored; -- the IEP/IFSP is not responsive to the child's individual abilities and needs; -- the services being offered by the school are not what was expected or wanted and the parent is not convinced that these services are appropriate; -- the child is in too segregated a setting; -- the IEP/IFSP is a continuation of a program in which the child is showing little progress. Parents may find it helpful to review their rights regarding special education before signing the IEP form. (Note: It is not a violation of P.L. 94-142 if a school district does not require signing of an IEP). An IFSP is not valid without a parent's or legal guardian's signature. ARE PARENTS REQUIRED TO PARTICIPATE IN PET MEETINGS? No, but P.L. 94-142 requires procedures be followed to ensure parental participation in the PET/IEP process. The school has a responsibility to seek parent involvement. If neither parent can attend, the school must keep records showing how they tried to find a time and place convenient for the parents. PET/ECT CHECKLIST [ ] Parents notified early enough for them to participate? (At least 7 days prior). [ ] Scheduled at a mutually convenient time and place? [ ] Notified of time, location, and participants? [ ] Individual or conference telephone calls arranged for parents or other participants who could not attend? [ ] Notice written in native language of the parent? If any of these procedural rights are violated, parents should consider filing a complaint. The right of a parent to tape record PET/ECT meetings is not clearly addressed in the applicable law. However, nowhere is it specifically denied, and there are suggestions that it should be permitted. Therefore, parents should assume that they have this right until it is proven otherwise. CAN STUDENTS WITH DISABILITIES BE SUSPENDED OR EXPELLED? For special education purposes, a suspension is a disciplinary action taken by an authorized school administrator or school board which results in the temporary discontinuation of all educational services and the removal of the the student from the school facilities for a period form one to 10 school days. Expulsion means the termination of all educational services by a school board for a student who has been deliberately disobedient, deliberately disorderly, or for infractions of violence or possession, furnishing of or trafficking of any scheduled drug as defined in Maine statute. Students with disabilities are protected from suspension and expulsion under both Section 504 and P.L. 94-142. Chapter 101 regulations, Section 10.10 states that a student who is receiving special education services can NOT be suspended or expelled for reasons relating to his or her disability. Students with disabilities may be suspended or expelled for behaviors not related to the student's disability. A suspension of more than ten days (cumulative) per school year is a change in placement. Therefore, notice must be sent to parents and the PET must approve the change in placement. Suspended students with disabilities must still receive educational services consistent with their IEPs. At a minimum they must be provided with two hours of tutoring per subject per week or ten hours, whichever is greater. When a student who is eligible for special education services is suspended, the school is required to schedule a PET meeting prior to the suspension to discuss whether the behavior leading to the suspension is related to the disability and the possibility of modifications to the student's programming or placement. Parents can in many cases successfully challenge suspension actions by school districts. First, in many situations, the behaviors that a student with disabilities exhibits and is suspended for are in fact related to the disability. Second, alternative placements, such as "home tutoring" are in most cases NOT the least restrictive environment. Parents are advised to file a complaint and/or request a PET meeting to discuss alternatives. As is explained below, a hearing request will also trigger the "stay-put" provision. Section 504 is somewhat less precise in its protections than IDEA, but it is the policy of the federal agency that enforces 504 that suspensions of ten days or more individually or cumulatively, or expulsions, are prohibited where the reason for the disciplining action is related to the student's disability or is the result of an inappropriate educational placement or program. WHAT IF IEP/IFSP GOALS AND OBJECTIVES ARE NOT BEING MET? Teachers, service providers and school and Child Development Services personnel are required to provide the services specified in the child's IEP or IFSP. If services specified in the IEP/IFSP are not delivered, parents should consider filing a complaint with the Superintendent, regional Child Development Services Board of Directors or MDOE (see complaint process). P.L. 94-l42 does not require that any agency, teacher, or other person be held accountable if a child does not achieve stated goals or objectives in a student's IEP. If the student is not meeting goals and objectives in the IEP, that may be a sign that the program itself is inappropriate. Parents should consider reconvening the PET/ECT meeting to discuss goals and objectives and modifying the educational strategies being used, or requesting an independent evaluation. HOW CAN INDEPENDENT EVALUATIONS BE OBTAINED? Parents have the right to request an independent educational evaluation of their child at public expense if they disagree with an evaluation obtained by the school or Child Development Services Site. An independent evaluation should be thought of as a "second opinion." Your options are: -- request an independent evaluation (in writing) by giving reasons as to why you disagree with the school or Child Development Services evaluation; or -- obtain an independent evaluation and submit the bill for reimbursement to the school administrative unit or regional CDS Board of Directors. If you request an independent evaluation, the school unit or regional CDS Board of Directors must provide the parent a written response within 30 days, including information concerning allowable providers and reimbursable rates. Local parent groups and organizations are other sources of information concerning qualified evaluators. If a school district or regional CDS Board of Directors has paid for an independent evaluation outside of the local geographical area, they have to allow other persons to also exercise this option. If the school administrative unit or regional CDS Board of Directors refuses to approve a parent's request for an independent evaluation or refuses to pay for an independent evaluation obtained by a parent, the unit or board shall initiate a due process hearing to show that its own evaluation is appropriate. If the hearing officer decides that the school's or CDS site's evaluation of the child is appropriate, a parent may still obtain an independent evaluation, but at his or her own expense. Regardless of who pays for the evaluation, as long as the evaluator is qualified, the results must be considered by the PET or ECT. WHAT CAN PARENTS DO WHEN THEY DISAGREE WITH THE SCHOOL OR CDS SITE? If a parent cannot get satisfaction through the PET/ECT process or informal negotiations, he or she has other options: DUE PROCESS HEARING PROCEDURES Due process hearings are scheduled when parents, legal guardians, surrogate parents, schools or regional CDS Boards of Directors submit a written request for a hearing with Maine's Department of Education. During due process hearings, parents and school or CDS personnel present evidence to an impartial hearing officer, who then makes a decision. Disagreements concerning a child's eligibility for special education, identification, disability, evaluation, program, or placement can all be addressed through hearings. Maine's special education hearing procedures are explained in great detail in Chapter 101 and Chapter 180, Maine's Special Education Regulations. Hearings must be held within 30 days of the Department's receipt of the request for hearing. The Department will encourage the parties to resolve their disagreement through mediation, but engaging in mediation does not extend the 30-day time limit in which a hearing must be held. Parents can be assisted at a hearing by an attorney or any other person of their choice, and have the right to present evidence and to confront, cross-examine, and compel the attendance of witnesses. After the hearing is concluded, and within 45 days of the Department's receipt of the parents' hearing request, the hearing officer will issue written findings of fact and a written decision. Parents have the right, if the decision is not satisfactory, to appeal to Maine Superior Court or to the U.S. District Court. For Superior Court, the time limit within which appeals must be filed is 30 days of receipt of the hearing officer's decision. The U.S. District Court may elect to apply the same time limit; you should therefore assume, to be safe, that 30 days is also the limit for bringing an appeal in that Court. During any due process or judicial proceeding regarding the identification, evaluation, program or placement of a student with disabilities, the student must remain in her or his current educational placement unless: -- the school and parents agree otherwise; or -- a court has granted an injunction to remove the student from such a placement.This is known as the "stay-put" provision of IDEA. If the proceeding involves an application for initial admission to public school, the student (with the consent of the parents) will be placed in the regular school program until the completion of all proceedings. To obtain reimbursement for attorney fees and other hearing expenses, parents must prevail in the special education hearing and reimbursement must be ordered by a court of appropriate jurisdiction. Expenses can also be obtained when an out-of-court settlement has been agreed to by both parties. MEDIATION IN SPECIAL EDUCATION In contrast to a due process hearing, mediation is a flexible, informal way of resolving differences through understanding and compromise of the differing viewpoints. In Maine, mediation is an optional process offered to parents and schools or regional CDS Boards of Directors on request to MDOE for resolving disagreements about a student's identification, evaluation, program or placement. In many cases it is preferable to file for a hearing prior to agreeing to mediation, or to request mediation at the same time as requesting a hearing, because otherwise the school unit may have less incentive to mediate in good faith. Note that MDOE cannot force the school or regional CDS Board of Directors to mediate if it is unwilling, and cannot force the parent to mediate if he or she is unwilling. COMPLAINT PROCESS Parents can file a complaint concerning any problem because of a lawsuit (Fickett v. Bither) filed by Maine Advocacy Services. The advantage of filing a complaint is that a complaint investigator conducts an informal fact-finding session without a formal presentation by either side of the case. Thus, representation by legal counsel is not necessary for school districts, CDS Sites or parents. In most situations if students are denied FAPE because of procedural violations (such as failure to give seven-day notice of PET meetings) or if an IEP or IFSP was not implemented, a complaint should be filed rather than requesting a due process hearing. In most cases, substantive problems (eligibility, evaluation, program, placement) are still more amenable to resolution through the Hearing or Mediation process. In addition, the advantage of requesting a hearing is that the current IEP or IFSP and placement remain in effect due to the "stay-put" provision. Thus, for example, if a school or CDS Site attempts to change a student's placement over a parent's objection, the parent can request a hearing and invoke the "stay-put" provision. This will have the effect of requiring the school or CDS Site to maintain the current placement, and thus blocking the school's or CDS Site's proposed change, until the hearing officer issues a ruling otherwise. Substantive problems, however, are more appropriately addressed by complaints in two situations: -- to correct a systemic school district problem (because a hearing officer's decision affects only one student); or -- If a parent is intimidated by the hearing process. One consideration where the parent's choice is between requesting mediation without going to a hearing, or filing a complaint, is that mediation agreements can be more difficult to enforce than the Corrective Action Plans that result from a complaint investigation. Parents can request a booklet entitled Maine Complaint Management Guidelines from either MAS or the Maine Department of Education. Complaints to the State should be sent to: Commissioner of Education Maine Department of Education Division of Special Education State House Station #23 Augusta, ME. 04333 For further information, parents can contact the phone duty consultant through the Division of Special Education at 287-5950. The following items should be included in the complaint: -- Your name, address, and telephone number; -- An outline of the alleged violations including dates; -- The involvement of any other State or Federal agency in the investigation of similar allegations within 180 days of the receipt of the complaint; -- The name, date of birth, school department or CDS site, and placement of the student. It is also important to mention specifically that you are making a complaint, sign the complaint, and request a copy of the Maine Complaint Management System Guidelines if you don't have already have a copy. Within 15 days you should be notified about receipt of your complaint. Within 45 days of this notification the investigation of the complaint should be completed and you should receive a written report. If it is determined that the school or CDS site failed to comply with federal or state special education law, the school or CDS site must furnish documentation within 30 days of its receipt of the Complaint Investigation Report that it has complied with the Corrective Action Plan. A parent can also always file a complaint about a violation of special education regulations with the superintendent of the local school district or the regional CDS Board of Directors. Chapter 101 specifies that, where the complaint is to a superintendent, he or she will appoint someone to investigate the complaint and to recommend to the superintendent, within 30 days, any corrective action necessary to ensure compliance. APPEALS Either the parent or the school/regional CDS Board of Directors may appeal the following: -- Dismissal of the complaint by the Maine Department of Education; -- Findings of fact, conclusions, or the corrective action plan contained in the Complaint Investigation Report; or -- School's/CDS site's noncompliance with the corrective action plan. Appeals can be made to: The Secretary of the U.S. Department of Education Federal Office Building 400 Maryland Avenue, S.W. Washington, D.C. 20202, Telephone: 202-401-3000; or; The Commissioner of the Maine Department of Education by filing a request for a due process hearing. This must be initiated within 30 days of receipt of the Complaint Investigation Report. If parents have any questions or concerns about the complaint and/or due process hearing procedures, or if a parent is not satisfied with the investigation completed by the State, then please contact MAS and/or the Due Process Coordinator at MDOE. OFFICE OF CIVIL RIGHTS (OCR) COMPLAINT PROCESS For violations of school districts or CDS sites under Section 504, parents have three options: -- Filing a complaint with the local school district's, or CDS site's 504 Coordinator; -- Filing a lawsuit in U.S. District Court; or -- Filing a complaint with OCR: U.S. Department of Education, Region I Office for Civil Rights (OCR) John McCormack Post Office and Courthouse, Room 222, P.O. Square, Boston, MA 02109 OCR will investigate the complaint, and may send someone to meet with parents and the school to discuss the problem and to work out a solution. For a copy of OCR Complaint guidelines, contact OCR or MAS. WHO IS RESPONSIBLE FOR MONITORING LOCAL SCHOOL DISTRICTS? P.L. 94-142 ensures that local school districts and regional CDS sites comply with procedures by means of a monitoring process. This process includes a review by the Department of Education of all aspects of special education services provided by a school unit. CDS site. The review also determines whether the school or CDS site provides accessible services for, or discriminates in any way against students with disabilities. The result of this review is a written "Letter of Findings" which describes significant strengths and weaknesses and any Corrective Action Plan required. Letters of Findings and Corrective Action Plans are public records and must be made available to parents on request in accordance with the Freedom of Information Act (although a simple request to the school superintendent or CDS Board would be a sensible first step). SUPPLEMENT 1 HOW CAN PARENTS MAKE A PET MEETING MORE PRODUCTIVE? Because each child has individual needs, what happens during a PET/ECT meeting and the nature of the parent's involvement may vary from one student to another. Here are some suggestions: Write down and bring to the meeting a list of programs or services you want to have included in your child's IEP/IFSP, along with questions you want answered at the meeting. Find out from the chairperson the reasons for the meeting and amount of time scheduled for the meeting. During introductions, make sure you find out who the other participants are, their positions or relationship to your child, and their reasons for being there. Listen carefully to summaries of any reports and tests. Better yet, get copies of any evaluations and reports well before the PET/ECT and discuss them with whoever did them. Analyse them yourself or with a friend and decide whether they seem accurate and whether they jibe with your knowledge of your child. Ask questions if you do not understand the nature of a test that has been conducted or the meaning of specific terms. Keep asking questions until you are sure you understand what the tests were meant to measure and how your child's performance compares to other children of the same age. Share your own ideas and observations. This could include how your child feels about school, how he or she behaves away from school, how he or she gets along with friends and family members, and so on. Bring to the Team's attention things that are said about the child which you find surprising or contrary to your perspectives and knowledge. If you are satisfied with your child's program and grateful for the job the teachers are doing, say so. Likewise, if you are dissatisfied, upset, or just uncertain, let the other people know. SUPPLEMENT 2 PARENT INVOLVEMENT: BARRIERS AND CLUES From an educator's viewpoint, the goals of involving parents should include: (l) meeting the legal rights of parents to be informed and to help make decisions; (2) obtaining life-at-home information about the child; (3) using the parents' ideas to set goals and objectives; (4) enlisting the parents' help in carrying out certain learning projects at home; and (5) reinforcing the parent-child relationship and the parents' sense of competence in his or her parenting role. If these goals are not being accomplished, educators and parents need to talk together to determine what is hindering and what will encourage a more active role for the parents. The following are a few factors to consider. Barriers l. Many parents unfortunately define an "active role" in PET/ECT meetings as simply agreeing with teachers or other providers of services. 2. Many IEPs/IFSPs are developed by school staff or other service providers PRIOR to the PET/ECT meeting. 3. School and special services personnel frequently use terms which are jargon", terms which parents may not understand. 4. School and special services staff often rank parental contributions as less important than their own contributions. 5. IEP/IFSP training for parents often focuses on legal requirements and neglects to teach parents how to participate in developing their child's IEP/IFSP. Clues 6. More contributions are made by parents when: n both parents and teachers receive training aimed at increasing parental participation; n parents know how information will be used; n parents review a set of questions on IEP/IFSP topics prior to the PET/ECT meeting; n parents gather information on their child and their family routine in a goal-directed manner; n parents have additional meetings with their school- community liaison or parent advisor; n parents ask questions when they don't understand something; n parents are accompanied by another parent or knowledgeable person. * Based on research reported in Lisbeth Vincent and Joan Brinkerhoff, "Increasing Parental Decision Making at Their Child's Individualized ducational Program Meetings" (August l986). SUPPLEMENT 3 MAIN PARTS OF THE IEP Statements Meaning Illustration (mobility) Describes the effect David is able to of the child's dis- walk short distances ability on performance but only with assis- in any area of educa- tance. Performance tion affected (commu- Level nication, mobility, daily activities, math, etc.) as determined by tests, interactions and observations of parents and teachers. Describes what the David will improve child can reason- his coordination and Goals ably be expected to balance. accomplish in terms of measurable skills and knowledge within a twelve-month period. Describes measurable David will move hands intermediate steps and feet appropriate- between the level of ly in response to performance and the single rhythm-clapp- annual goals. Often ing, shaking rattle, Objectives includes what the etc. for fifteen child will do, under minutes three times what conditions, and each day. how success will be measured. Describes the type and A physical therapist amount of specially will work with David designed instruction 30 minutes each week. to be provided; the David will eat lunch supportive services in the cafeteria with that enable the the regular education student to attend students daily. Services school (transpor- tation, speech ther- apy, physical therapy, etc.); and the regular education classes and/or activities in which the child will participate with non- disabled peers. Describes when ser- Date plan started: vices will begin and September l, l989 Timeliness and how long they will Date to be completed: be provided. May 30, l990 Desn methods for deter- David's walking in mining how well ob- response to a simple Measurements jectives are being rhythm will be timed met and when those and a record will be determinations will kept by Miss Day be made. for a one-month period. SUPPLEMENT 4 TWENTY QUESTIONS TO BE ANSWERED AT A PET/ECT MEETING l. Why was my child referred for an evaluation? 2. Who made the evaluations and what methods were used? 3. How are my child's disabilities identified at this time? 4. What describes my child's strengths and learning style? 5. What describes my child's limitations and special needs? 6. What are some examples of my child's classwork? 7. What gains or setbacks have team members observed in my child's learning this past year? 8. How does my child relate to classmates? 9. What may my child reasonably accomplish this year in areas of communication, daily activities, mobility, math, etc.? 10. What independent living and pre-employment skills will my child need to work on right now? ll. Who is to provide the recommended services? l2. If placement is recommended what should that placement involve? l3. What effect will the services and setting have on meals, transportation, and contact time with non-disabled students of the same age? l4. Do we all agree with the recommendations for my child? l5. What methods should be used to evaluate my child's progress? l6. Who should I be in contact with, and how often should we meet to discuss my child's progress? l7. When should my child's IEP/IFSP be reviewed again? l8. What learning activities for my child shall I carry out at home? l9. What type of observations would be good for me to record and bring to the next PET/ECT meeting? 20. When will I receive a personal copy of my child's completed IEP/IFSP form? SUPPLEMENT 5 INDIVIDUALIZED EDUCATION PROGRAM (IEP) INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP) PARENTS' WORKSHEET Date_______ Time_____ Participant's Names Position ________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Reports or Evaluations Discussed _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Statement of the Student's Present Level of Educational Performance Skill Area Comments Academic ______________________________________ Developmental ______________________________________ Language ______________________________________ Physical/Motor ______________________________________ Emotional/Behavioral ______________________________________ Social ______________________________________ Self-Help ______________________________________ ______________________________________ Vocational/Pre-Vocational ______________________________________ Statement of Annual Goals l _____________________________________________________________ _____________________________________________________________ 2 _____________________________________________________________ _____________________________________________________________ 3 _____________________________________________________________ _____________________________________________________________ Statement of Short Term Objectives Objectives Completion Date Responsibility 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Statement of Educational Services to Be Provided, the Date for the Beginning of Each Service, and the Anticipated Length of Time for Each Service. Service to Be Provided Beginning Date Duration Responsibility 1 _______________________________________________________________ 2 _______________________________________________________________ 3 _______________________________________________________________ 4 _______________________________________________________________ 5 _______________________________________________________________ 6 _______________________________________________________________ 7 --------------------------------------------------------- 8 --------------------------------------------------------- Statement of Placement Alternatives Placement Alternatives l. 2. 3. 4. 5. Least Restrictive Appropriate Placement _________________________________________________________________ Report from Members of the PET/ECT Team Who Disagree with Team Recommendations and Why. Comments _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ SUPPLEMENT 6 RIGHTS OF PARENTS IN SPECIAL EDUCATION The intent of Public Law 94-l42 is, in part, "to assure that the rights of children with disabilities and their parents or guardians are protected." Knowing what these rights are will help you to participate responsibly and effectively with school personnel. Seven major areas of parental rights are listed below. CONSENT is permission which is given voluntarily in writing after being fully informed of all relevant information. You have the legal right to... n Receive a full explanation of all information related to the activity for which your consent is sought. n Give or withhold your consent before an initial evaluation is conducted or an initial placement is made. n Give or withhold your consent before a change is made in your child's placement or program. NOTICE is plain language information received in advance concerning an action proposed or refused, and why the action is being proposed or refused. You have the legal right to... n Receive notice before the agency initiates or changes (or refuses to initiate or change) the identification, evaluation, program, or placement of your child, and before your child is enrolled or dismissed from a special education program. n Receive notice explaining a proposed action and the reason it is proposed, as well as the options considered and the reason other options were rejected. n Receive a description of each test, procedure, record, and report the agency will use as a basis for any proposed action. n Receive notice before information in your child's file is to be destroyed. n Receive advance notice of PET/ECT meetings, including the purpose, time and location of the meetings, and who will be attending. n Obtain all notices in writing, in your native language or principal mode of communication, and at a level understandable to the general public. RECORDS are confidential documents of a student maintained by educational agencies which parents may inspect, review, have explained, and have copied for their use. You have the legal right to... n Inspect and review your child's educational records. n Receive an explanation of any item in the records. n Receive copies of your child's records at a reasonable cost. n Give or withhold consent to disclose records. n Obtain the names of individuals or agencies to whom information has been disclosed. n Ask and be told what types of records are being collected or used and where the records are located. n Request the agency to amend records you feel are inaccurate, misleading, or violate privacy rights. n Request a due process hearing if the agency does not make the change you requested. EVALUATION is a procedural process used to determine whether a child is handicapped and the nature and extent of special education and related services that child requires. You have the legal right to... n Have a full, individual evaluation of your child's educational needs. n Have more than one criterion used to determine an appropriate educational program. n Have the evaluation performed by a multidisciplinary team. n Have your child assessed in all areas related to the suspected disability. Have a reevaluation every three years, or more frequently if conditions warrant. INDEPENDENT EVALUATION is a procedural process conducted by a qualified evaluator who is not employed by the agency responsible for the child's education. You have the legal right to... n Have an independent evaluation considered when placement and program decisions are made. n Receive explanation of the steps for obtaining an independent evaluation at public expense and the conditions for obtaining such an evaluation. n Obtain an independent evaluation at public expense if the agency's evaluation is determined to be inappropriate or inadequate. n Receive direction in obtaining a low-cost independent evaluation if conditions do not warrant an evaluation at public expense. LEAST RESTRICTIVE ENVIRONMENT is the educational setting which least limits a child's opportunities to be near and interact with non-handicapped peers. You have the legal right to... n Have your child educated in the school he or she would attend if non-disabled, unless the IEP/IFSP requires some other arrangement. n Have your child educated with non-disabled children to the maximum extent appropriate. n Have your child participate with non-disabled children in extra-curricular and non-academic services and activities (meals, P.E., clubs, recess, athletics, counseling, special interest groups, etc.) to the maximum extent appropriate. n Have your child removed from the regular school environment only if it is established that supplementary aids and services are inadequate to keep your child in the regular school. n Have several placement options available (a continuum of alternative placements) so that, if removed from the regular school environment, your child may be educated with the least restriction necessary. DUE PROCESS HEARING is a legal process in which parents and educators resolve conflicts by presenting their positions to an impartial hearing officer. You have the legal right to... n Request an impartial due process hearing on the ground that your child has been or is about to be * denied entry or continuance in a program of special education appropriate to his or her needs; * placed in a special education program which is inappropriate to his or her needs; * denied educational services because no suitable program of education or related services is maintained; * provided with special education which is insufficient in quantity to satisfy legal requirements. n Obtain a hearing decision from an impartial hearing officer appointed by the Maine Department of Education. n Receive information regarding any free or low-cost legal and other relevant services. n Keep your child in the present educational placement until administrative proceedings are completed (unless you and the agency agree otherwise). n Have the hearing set at a reasonably convenient time. n Have the hearing open or closed to the public. n Have the hearing chaired by an impartial hearing officer and be shown a statement of his or her qualifications. n Attend the hearing with your child, an attorney, and individuals with special knowledge or training related to handicaps. n Present evidence; confront, cross-examine, and compel witnesses to attend. n Prohibit use of any evidence that has not been disclosed at least five days before the hearing. n Obtain a transcript or copy of a tape recording of the hearing. n Obtain written findings of fact and a written decision within 45 days after the conclusion of the hearing. n Appeal the hearing officer's decision to state or federal court. Portions of this supplement, "Rights of Parents in Special Education", were adapted from "Educational Rights of Handicapped Children" by Reed Martin. SUPPLEMENT 7 SAMPLE LETTERS* REQUESTING IDENTIFICATION [Date] [Name of Special Education Director] [Name of School] [Address of School] Dear [Name of Special Education Director]: I am writing to request a comprehensive educational evaluation to determine what special education programs and services may be needed by my child, [child's name]. I believe my child has a disability and is eligible for special education because [describe the evidence that supports giving special education to your child, such as physician's reports]. Please advise me by [date] when the referral for evaluations will take place, who will be performing the evaluations so that I may give my consent, and when the first PET meeting will be convened. Sincerely, [Your name] [Your address] [Your telephone number] *The sample letters are derived from Parent Manual- Education for Your Handicapped Child, Advocacy, Inc., Austin, Tx l979 REQUESTING A PET MEETING [Date] [Name of Special Education Director] [Name of School] [Address of School] Dear [Name of Special Education Director]: I am the parent of [name of child]. My child's IEP for this year has not been written. Please schedule a PET meeting as soon as possible to write my child's IEP. Please contact me so that the meeting can be scheduled at a mutually agreeable time and place. Before the meeting, please send me a copy of the school's IEP form. Thank you for your help. I look forward to hearing from you soon. Sincerely, [Your name] [Your address] [Your telephone number] REQUESTING REVIEW AND REVISION [Date] [Name of Special Education Director] [Name of School] [Address of School] or [Board of Directors] [Regional Child Development Services Site] [Address of Site] Dear [Name of Special Education Director or Chairperson of Board of Directors]: I am the parent of [name of child]. I recently reviewed my child's IEP/IFSP which was developed in [month, year], and I believe it is [out of date, incomplete, based on insufficient evaluation information, etc.]. I request that a PET/ECT meeting be held as soon as possible to review and, if necessary, to revise my child's IEP/IFSP. Please contact me so that the meeting can be scheduled at a mutually agreed upon time and place. Thank you for your help. I look forward to hearing from you soon. Sincerely, [Your name] [Your address] [Your telephone number] REQUESTING RE-EVALUATION [Date] [Name of Special Education Director] [Name of School] [Address of School] or [Board of Directors] [Regional Child Development Services Site] [Address of Site] Dear [Name of Special Education Director or Chairperson of Board of Directors]: I am the parent of [name of child]. I recently reviewed my child's evaluation and it is [out of date, incomplete, inappropriate due to growth and changes, etc.]. I request that my child be re-evaluated. Please tell me in writing who to contact to schedule a re-evaluation. Thank you for your help. I look forward to hearing from you soon. Sincerely, [Your name] [Your address] [Your telephone number] REQUESTING AN INDEPENDENT EVALUATION [Date] [Name of Special Education Director] [Name of School] [Address of School] or [Board of Directors] [Regional Child Development Services Site] [Address of Site] Dear [Name of Special Education Director or Chairperson of Board of Directors]: I am the parent of [name of child]. I do not believe that the school's evaluation of my child is appropriate. Please tell me in writing where I may obtain an independent evaluation. Also, please inform me in writing concerning the criteria under which an independent evaluation must be conducted so that it meets the criteria the school uses in its assessment. I understand that the school must pay for the independent evaluation unless it can prove in a due process hearing that its assessment was appropriate. Please inform me immediately if the school will be requesting a hearing. I will contact you to arrange for billing of the independent evaluation, and I will send you the results of the independent evaluation. I understand that it must be considered in any future decisions about my child's education. Thank you for your help. I look forward to hearing from you soon. Sincerely, [Your name] [Your address] [Your telephone number] REQUESTING RECORDS FROM SCHOOL [Date] [Name of Special Education Director] [Name of School] [Address of School] or [Board of Directors] [Regional Child Development Services Site] [Address of Site] Dear [Name of Special Education Director or Chairperson of Board of Directors]: I am the parent of [child's name], a child with a disability who receives education services at [name of school]. Please inform me in writing about the kinds of education records you have on [child's name]. Please tell me where all these records are kept, and who I should contact so I can look at them and have copies made. Thank you for your help. I look forward to hearing from you soon. Sincerely, [Your name] [Your address] [Your telephone number] SUPPLEMENT 8 SUMMARY OF SERVICES PROVIDED BY MAS Maine Advocacy Services is a private, nonprofit corporation that is independent of all federal and state agencies. MAS provides a continuum of information, support and advocacy services to parents of children with Developmental Disabilities, Learning Disabilities and Attention Deficit Disorder. INFORMATION AND SUPPORT SERVICES: Parents frequently call us requesting advocacy services without having a clear understanding of what our agency can do. In our experience many situations can be resolved by either giving the parent information and consultation services with a special education advocate or information specialist. When you contact MAS for information, you will typically be sent a packet of information that includes: --A copy of our Parents as Advocates handbook that explains a parent's or guardian's rights under federal and state laws pertaining to special education. --A copy of the Maine Complaint Procedures Guidelines and guidelines for filing a complaint to the Office of Civil Rights in Boston. A staff advocate or information specialist will also talk with you to discuss the issues or problems that you are having in obtaining appropriate educational services for your child. We will also encourage you to contact a parent organization such as SPIN or LDA for further information. MAINE ADVOCACY SERVICES If a parent is unable to obtain appropriate educational services for their child and is requesting advocacy services, MAS will first determine whether or not the parent could benefit by being assigned a volunteer Parent Advocate. Parent Advocates are volunteer parents of children with disabilities that have been trained by MAS staff to assist other parents through the special education process. MAS will attempt to "match" a volunteer Parent Advocate with a parent requesting assistance dependent upon availability, geographical location, type of problem and type of disability. MAS provides ongoing consultation services and legal backup when needed to its Parent Advocates. In order for MAS to provide staff advocacy services, both eligibility and case priority factors are taken into account in assigning cases because of limited staff resources. First, there must be some evidence that the parent is not able to resolve the situation without assistance. Second, there are restrictions placed upon our ability to provide help to parents by our funding sources. In order for a child to be served by the Developmental Disabilities Protection & Advocacy program, a child must have at least three out of seven functional limitations (problems with self-care, learning, language, mobility, self- direction, independent living, or economic independence). These problems must be expected to be life-long, not completely remediable through the provision of educational services, and require extended or life-long treatment. An example of a developmental disability is mental retardation. DDPA case priorities on education cases include the following: (1) abuse in schools, including abusive aversive behavior modification programs or techniques; (2) exclusion from school (suspension, expulsion, building accessibility); (3) segregation (inappropriate placement in residential schools and in separate special-education only programs or classrooms); (4) all issues affecting wards of the state. MAS will not, as a general rule, advocate for placement of children with disabilities in residential treatment centers such as Spurwink or Sweetser because MAS believes that children should be educated in the "least restrictive environment." In order for MAS to advocate for RTC placements, there must be clearcut professional evidence that appropriate programming cannot be provided by the local school district. In addition, because most children with learning disabilities (LD) or Attention Deficit Disorder(ADD or ADHD) are not typically eligible for services by our Developmental Disability Protection & Advocacy program, MAS is only able to serve this group of children with state funding. MAS is currently in the process of establishing priorities for its LD program. It is anticipated that staff representation of clients with Learning Disabilities or ADD will include many of the case acceptance priorities developed by the DDPA team, in addition to problems concerning evaluation, identification, mainstreaming without adequate support services, and appropriate programming. Finally, the LD and the DDPA program are staffed by an attorney who handles mediation, due process hearings, and litigation. SUPPLEMENT 9 SPECIAL EDUCATION RESOURCES IN MAINE MAS wants parents to know that there are other resources available to them. Parents can contact the following organizations for further information. SPIN (Special-Needs Parent Information Network) P.O. Box 2067 Augusta, ME. 04330 1-800-325-0220 or 207-582--2504 A center for parents, parent organizations and professionals to work together to serve children with disabilities, and their families. Learning Disabilities Association of Maine 02 Water Street P.O. Box 385 Gardiner, ME. 04345 207-582-2866 Statewide organization with local chapter affiliates that provides information, advocacy and training to parents, consumers and professionals. York County Parent Awareness Mid-Town Mall 150 Main Street Sanford, ME. 04073 1-800-564-9696 Maine Meeting Place 1-207-324-5310 An electronic bulletin board for persons with disabilities. Has disability-related information including statutes and regulations available for downloading. Alliance for the Mentally Ill Children & Adolescents Network Box 222 Augusta, ME. 04332 1-800-464-5767 Autism Society of Maine P.O. Box 597 Gardiner, ME 04345 582-7727 Developmental Disabilities Council State House Station #40 Augusta, ME 04330 287-4213 1-800-244-3990 Maine Head Injury Foundation P.O. Box 2224 Augusta, ME 04330 626-0022 Transition Councils help students with disabilities to transition from school to community living. Transition Council staff can help with formulating plans. Staff Contacts: Aroostook Council on Transition (ACT) P.O. Box 925 Presque Isle, ME 04769 1-800-432-7366 (x254) Bangor Area Coordination Council (BACC) BACC P.O. Box 3391 Brewer, ME 04412 Franklin County Coalition on Transition (FCCOT) Box 282 Macomber Hill Rd. Jay, ME 04239 645-9833 Help In Transition (HIT) Piscataquis/Penobscot Counties P.O. Box 167 Dexter, ME 04930 924-3307 Kennebec Valley Transition Council (KVTC) KVTC P.O. Box 2166 Augusta, ME 04338-2166 626-3429 Lewiston/Auburn Area Council on Transition (LAACOT) LLACOT 100 Pine Street Lewiston, ME 04240 795-6710 Mid-Coast Council on Transition - Bath/Brunswick Area P.O. Box 19 Phippsburg, ME 04562 389-2390 Northern Oxford County Council on Transition (NOCCOT) NOCCOT 59 Congress Street Rumford, ME 04276 364-8764 Southern Oxford County Council on Transition (SOCCOT) SOCCOT P.O. Box 592 Norway, ME 04268 743-8554 Southern Maine Area Council on Transition (SMACT) Cumberland Cty. Staff P.R.V.T.C. 196 Allen Avenue Portland, ME 04103 1-800-639-2420 0r 878-5166 York Cty. Staff RR #2, Box 1113 Wells, ME 04090 1-800-564-9696 or 324-2337 A valuable resource for parents is the Bureau of Children with Special Needs 287-4250, School Age Coordinators. BCSN provides case management services, funding for in-home therapy, and respite care services: Region I Ginette Rivard P.O. Box 30 Presque isle, ME 04769 764-2123 Region II Martha Brown ELC-159, Hogan Road Bangor, ME 04401 941-4400 Region III Sandy Dearborn AMHI Complex SHS #60 Augusta, ME 04333 287-7130 Region IV Larry Sexton 200 Main Street Lewiston, ME. 04240 795-4500 Region V Rachel Olney 629 Westbrook Street S. Portland, ME. 04106 822-0298 LEGAL RESOURCES If you need legal assistance, and MAS is unable to assist, you the following legal resources are potentially available to represent parents in due process hearings or litigation. For parents who qualify under federal low-income guidelines, contact either Pinetree Legal Services or the Volunteer Lawyers Project for assistance: Pinetree Legal Services 88 Federal Street - P.O. Box 547 Portland, ME 04104 774-8211 39 Green Street - P.O. Box 2429 Augusta, ME 04330 622-4731 61 Main Street Bangor, ME 04401 942-8241 Volunteer Lawyers Project P.O. Box 547 Portland, ME. 04112 800-442-4293 or 207-774-4348 Parents call also contact the Maine Lawyer Referral and Information Services at 207-622-1460 in Augusta and receive a referral to an attorney listed as an expert on education and a half-hour consultation for $15.00. MAS wants parents to understand that when hiring a private attorney to handle a special education problem, you should discuss a fee arrangement up front and have it in writing. National Resources NICHCY National Information Center for Children and Youth with Disabilities P.O. Box 1492 Washington, D.C. 20013-1492 (202) 884-8200 (Voice/TTY) 1-800-695-0285 (202) 884-8441 (FAX) LDA of America 4156 Library Road Pittsburgh, PA 15234 (412) 341-1515 Children with Attention Deficit Disorder Suite 185 1859 North Pine Island Road Plantation, Florida 33322 305-587-3700 ERIC Clearinghouse on Handicapped & Gifted Children Council for Exceptional Children (CEC) 1920 Association Drive Reston, VA 22091-1589 Technical Assistance to Parent Programs (TAPP) Network Federation for Children with Special Needs 95 Berkeley Street, Suite 104 Boston, MA 02116 (617) 482-2915, (800) 331-0688 SUPPLEMENT 10 PARENT ADVOCATE REQUEST FORM Parent Advocates are volunteer parents who have been successful in obtaining educational services for their children with disabilities and who have received training by MAS staff to assist parents in protecting their rights. Because of limited resources, the following criteria will be used in determining whether or not MAS can assign you a Parent Advocate: (1) an assessment by MAS staff of your ability to advocate for yourself; (2) your access to other advocacy or legal resources; (3) geographical "match-up" between parent and advocate; (4) nature of the problem. IF YOU WOULD BE INTERESTED IN HAVING A PARENT ADVOCATE ASSIGNED TO HELP YOU, PLEASE FILL OUT THE FOLLOWING FORM AND RETURN IT TO MAS AS SOON AS POSSIBLE. Parent Advocates need at least two weeks notice to attend PET meetings. PARENT NAME:____________________________________________________ ADDRESS:_________________________________________________________ CITY:__________________________ STATE:____________ ZIP:____________ PHONE (H):______________________ (W):______________________________ CHILD'S NAME:____________________________________________________ DATE OF BIRTH:___________________________________________________ NATURE OF CHILD'S DISABILITY:___________________________________ _________________________________________________________________ __ SPECIAL ED DIRECTOR:_______________SCHOOL DISTRICT #__________ DATE OF P.E.T. MEETING:___________________________________________ NAME OF GUARDIAN:______________________________________________ ADDRESS:_________________________________________________________ CITY:__________________________ STATE:_____________ ZIP:___________ PHONE (H):______________________ (W):______________________________