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 | I.D.E.A.
by Debra Schell-Frank |
IDEA is the law. Your child has rights to an appropriate education and you have rights to be an active participant.
Special education has been around as a mandated service since 1975. In 1990, the Public Law was reauthorized as the Individuals with Disabilities Education Act, better known as IDEA. Under the umbrella of IDEA, children from birth to age 21 who are diagnosed with developmental delays or disabilities are entitled to services designed to improve their learning skills.
How Does IDEA Apply to Adoption?
Our children, many adopted from orphanages throughout the world, have been exposed to environments and experiences that can negatively impact their early development. Prenatal conditions for the birthparents, such as poor maternal nutrition, environmental pollution, substance abuse and poverty, are out of our control. The same holds true for the effects of early living environments before our children came to share our homes. International adoption experts agree that limited stimulation, multiple caregivers, minimal nurturing and institutional deprivation can result in a wide variety of developmental outcomes requiring special education services as many of our children enter preschool and beyond.
So as an adoptive parent, with ample knowledge of my child’s background, I can contact my local school district, have my child evaluated free of charge, and receive the support necessary to meet my child’s learning needs? If only it were that simple.
What Families are Entitled to Under IDEA
IDEA is the law. Your child has rights to an appropriate education and you have rights to be an active participant.
Below is an abbreviated list of premises of this law:
· All means all — No student with a disability can be denied a free appropriate public education.
· Nondiscriminatory evaluation — Every child is entitled to screening and assessment to determine if a disability exists and if special education services are needed.
· Free and appropriate education — Designed to meet the needs of the individual child.
· Least Restrictive Environment — Education services need to take place in the same setting as same-age children without disabilities, to the maximum extent appropriate.
· Procedural due process — When parents and school disagree, this neutral process lets both sides be heard and a determination be made in the best interests of the child.
· Parent participation — The parent, as well as the child, as appropriate, should be collaborative partners with the professionals on the child’s team.
What Should IDEA Look Like in Practice
This is a process as outlined below that should be fluid and flexible beginning with the initial referral to the special education system through regular review of your child’s learning.
· Referral — Initial contact with the school system can be made by parent, childcare provider or other concerned adult.
· Assessment — A complete evaluation of the child’s learning capacity is scheduled after initial screening shows cause for concern.
· Eligibility — Assessment results and team discussion lead to determination of eligibility for services.
· IFSP/IEP — A written plan describes the individualized services.
· Placement — Team decides on the most appropriate learning environment.
· Review — The plan is reviewed yearly.
How do I know my child’s needs are being met and what can I do if they are not? The most important characteristic of being a supportive parent is to be an informed parent. Read about IDEA, understand your child’s special needs, and get connected with other parents who share your concerns. The second most important characteristic is a willingness to communicate directly with those who are involved with your child. Start with your child’s teacher. Ask if your child is making progress. Share what you are seeing at home. Review the education plan and ask if it is being followed. Get permission to observe in the classroom, go on field trips or volunteer as a classroom aide. If you are not satisfied with what you are seeing and you are not satisfied with the teacher’s response, talk to your school district’s director of special education about your concerns. Never see yourself or your child as a burden to the system. You are simply seeking answers and supporting your child’s education needs.
Reauthorization of IDEA
Reauthorization of IDEA was introduced as House Bill 1350 to the Senate in the spring of 2003. Proposed changes may affect the future of special education, particularly how schools respond to children with behavior issues. Currently students who have behavior issues as a result of their disability are protected by IDEA. Proposed changes would dramatically reduce that protection. In the history of special education law, parents have been the driving force behind effective legislation. You may want to keep informed on the reauthorization of IDEA. Contact your State Department of Education, or visit the Wright’s Law Web site for up-to-date information on special education law at wrightslaw.com.
How Involved Do Parents Need to Be?
Because schools serve so many children with special needs, your son or daughter will need your advocacy and the team will need your expertise. No one knows your child better than you, and until he or she can advocate for him or herself your active participation is a must. While the system can seem overwhelming, remember IDEA has given you the right to participate in your child’s education. Contact your school district, learn the law and step forward to support your child in his or her learning adventure.
Debra Schell-Frank, Ed.D., is an educational consultant specializing in issues related to children adopted from institutions.
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