When Going Back to School Includes reviewing an Education Plan
School is starting in just a few short weeks! Getting ready may require buying supplies, arranging for after school child care and getting some new clothes. For some children, getting ready means ensuring that they are getting the educational experience to help them thrive. Children identified as having a disability that impacts their education and requires specific educational services may have a specific plan or program to help guide their education. Those programs are often modified from time to time to address a student’s changing educational needs.
When a student has been found to one of thirteen disabilities identified in the IDEA, such as dyslexia or dysgraphia, an intellectual disability, an emotional or behavior disorder, a physical disability, a sensory impairment, or an autism spectrum disorder, they may have such a plan. In these circumstances, the child usually has a right under the Individuals with Disabilities Act (IDEA) to develop the IEP.
The plan is created by a team, that usually includes the parents, teachers, and other professionals, to address the educational needs that are created by those identified disabilities.
In other situations, a student may have a disability or special need that is not one of those listed in the IDEA. When that disability interferes with the child's ability to learn in a general education classroom, the student may be eligible for certain services provided by Section 504 of the Rehabilitation Act of 1973. This Act is a federal civil rights law to stop discrimination against people with disabilities. In those circumstances, the schools must develop a 504 plan to help the child with their education.
Sometimes the school system and the child's caregivers will have differing views on the best service plan for a student, whether it be a 504 plan or an IEP. Some families may give up and go with the school's proposal when that happens. Others may hire a lawyer and pursue legally mandated procedures to address the dispute.
There are options! An ombudsperson may be able to help find a resolution. The Virginia Department of Education provides a neutral ombudsperson at no cost upon request. Another good option for both schools and parents to consider is mediation. Mediation may be initiated by either party. If the parties agree to mediation, there is no cost to the child or caregiver.
The request can be made to the officials at the school or can be made directly to a state department of education. To learn more about the mediation process in Virginia's public schools, visit https://www.doe.virginia.gov/programs-services/special-education/resolving-disputes/special-education-mediation. To request mediation in West Virginia send a request to: West Virginia Department of Education Office of Federal Programs & Support Building 6, Suite 700 1900 Kanawha Boulevard, East Charleston, West Virginia 25305-0330.