Frequently Asked Questions
We have developed some questions and answers on topics that parents often ask us about. We hope these will be helpful in providing you with general information. If there are any questions you would like to see added, let us know!
I am unsure whether I have a copy of my child’s most recent IEP? How can I find out?
I am not sure what information the school has about my child, how can I review that information?
My son receives special education services. The school just suspended him. Can they do that?
I am unsure whether I have a copy of my child’s most recent IEP? How can I find out?
Your child's school keeps a copy of the IEP (Individualized Education Plan) on file and can provide you with a copy of the IEP at no cost. Simply request a copy from your child's teacher or another IEP team member.
PIC TIP
It is helpful to keep records organized and handy - using folder or boxmakes it easy to keep recordsin one place Try keeping records sorted by school year.
Reference
IDEA Federal Register Rules and Regulations S 300.322 (f) - Parent Participation
Resources
DE Dept. of Education (Special Education Program)
Building the Legacy: IDEA 2004
National Dissemination Center for Children with Disabilities
I am not sure what information the school has about my child? How can I review that information?
You have a right to inspect and review any educational records relating to your child that are collected, maintained, or used by the school. Once you make the request, the school has up to 45 days to allow you access to the records. Typically, schools respond in a timely manner and will provide you with a space where you may view the files. The school can provide copies of records and you may be charged a nominal fee for those copies.
PIC TIP
We suggest that you make a request in writing to the school to review your child's educational records, at least annually, or more frequently, if necessary.
Reference
IDEA Federal Register Rules and Regulations S 300.613 - Access Rights
Resources
DE Dept. of Education (Special Education Program)
Building the Legacy: IDEA 2004
National Dissemination Center for Children with Disabilities
Must all of my child's regular and special education teachers be members of my child's IEP team and attend the IEP meetings?
No, the IEP team does not need to include every one of your child's teachers.
However, it must include:
- 1) The parent(s) ;
- 2) The child when appropriate (and invited at least by age of 14 years);
- 3) Not less than one regular education teacher of the child (if the child is, or may be participating in the regular education environment);
- 4) Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child;
- 5) Local education agency representative;
- 6) Individual who can interpret evaluation results; and...
- 7) Other individuals at the
discretion of the parents or school.
Team members whose area of instruction is not being modified, or discussed, may be
excused from attending an IEP meeting, if the parents and school agree in
writing that the member’s
attendance is not necessary.
Team members whose area of instruction is being modified, or discussed, may also be excused from
attending a meeting, but only if the parents and school consent (must be a fully
informed consent in writing) and the member submits input in writing to the parents
and IEP team prior to the meeting.
PIC TIP
Parents who would like other teachers to attend the IEP meeting, may certainly invite them. It is always courteous to provide as much notice as possible when inviting other teachers, or support people to your child's IEP meeting.
Reference
IDEA Federal Register Rules and Regulations S 300.321 - IEP Team
Resources
DE Dept. of Education (Special Education Program)
Building the Legacy: IDEA 2004
National Dissemination Center for Children with Disabilities
My son is 14 years old and I was told that he should attend his IEP meeting. He doesn’t want to attend. Does he need to be there?
The school must invite a student to attend the IEP meeting, if the purpose
of the meeting will be the consideration of post- secondary goals and transition
services needed to assist the student in reaching those goals. Transition
services focus on improving the academic and functional achievement of
the student and to facilitate the movement from school to post-school activities
such as: post-secondary education, or employment; adult education and
services, and community participation. Transition planning through
the IEP process must begin no later than age 14 (Delaware regulations), or it can begin sooner, if determined appropriate by the
IEP team. Therefore, at least by age 14, in Delaware, students
must be invited to their IEP meetings. If a student does not attend
the IEP meeting, the school must take other steps to ensure that the
student's preferences and interests are considered.
Beginning no later than one year before a student reaches the age of majority
under state law (18 years of age in Delaware), the IEP must include a statement
that the student has been informed of his rights, and that those rights will transfer from
the parents to the student upon reaching the age of majority.
PIC TIP
It is important that your child begin advocating for herself as early as possible. Do encourage your child to attend his IEP meeting, even if it is only for a brief period of time to start. Model and practice advocacy skills with your child prior to the meeting, so he will feel more comfortable when he attends the meeting. Your goal is to have your child’s “attendance” become “meaningful participation” in planning his future.
Reference
IDEA Federal Register Rules and Regulations S 300.43 – Transition services, 300.320-300.321 IEP and IEP Team
Resources
DE Dept. of Education (Special Education Program)
Building the Legacy: IDEA 2004
National Dissemination Center for Children with Disabilities
National Post School-Outcomes Center
My child’s teacher and I both feel that my daughter would benefit from special education services. Where do I start?
A full and individual initial educational evaluation must be conducted before your child may be considerd eligible for special education services.
You have the right to:
- Request an educational evaluation of your child to determine if he is eligible for special education and related services
- Be notified in writing before the school evaluates your child and you must give your informed written consent before the school can evaluate your child
- Have the educational evaluation conducted at no cost to you
- Have the educational evaluation to determine eligibility conducted within 45 school days or 90 calendar days (Delaware timeframe)
- Be part of the group that determines your child’s eligibility for special education services
- Receive a copy of the evaluation report and documentation of the determination of your child’s eligibility
- Discuss the evaluation results and eligibility determination
- Disagree with any of the above
You also have the right to:
Make a request to your school for an independent educational evaluation (IEE) of your child, (at the school's expense) should you disagree with the results of the school’s evaluation ; and to have your child re-evaluated at least once every three years after your child begins receiving special education services, unless you and the school agree to re-evaluate your child more frequently.
PIC TIP
Be sure to request an educational evaluation in writing. Be sure to receive a copy of the evaluation results and eligibility determination in writing.
Reference:
IDEA Federal Register Rules and Regulations S 300.301-300.306, 300.502 – Initial Evaluations and Procedures
Resources
DE Dept. of Education (Special Education Program)
Building the Legacy: IDEA 2004
National Dissemination Center for Children with Disabilities
When I attend school meetings, I often feel that I am not listened to, and I may not always hear what others say because I am so intent on getting the best services for my child, what can I do?
When attending meetings, it is important to be clear about your concerns and expectations. Prepare a list prior to attending the meeting, so that you don't forget important information. Define the main issue and then focus your energy on solutions to the problem/concern. Try to stick to the issue(s) at hand; don’t cloud current events with past negative experiences. Let others know if you don’t understand something, feel uncomfortable, or need to take a break.
When others speak, try to listen carefully. Remember , what others say is as important as what you have to say. Whenever possible, take a friend or relative with you for support and to take notes. Ask who will be taking minutes at the meeting and request a copy afterwards. It is important to remember that everyone is working together as a team with a common goal – the education of your child.
PIC TIP
For additional suggestions and strategies, call one of our parent consultants, attend one of our seminars about effective advocacy, or check out our library .
Resources
My child is receiving special education services. The school tells me that he has to take the DSTP like everybody else. Is that true?
As you may know, the Delaware Student Testing Program (DSTP) is a series of tests given to Delaware public school students from grades 2 through 11. The tests are designed to measure how well students are progressing toward meeting state standards.
Students receiving special education services must participate in the DSTP, unless they are participating in the Delaware Alternate Portfolio Assessment (explained below). Students taking the DSTP and who have accommodations/assistive devices included in their IEPs, must be provided those same accommodations/ assistive devices when participating in the DSTP. Students whose IEPs do not list accommodations or assistive devices will not be provided individual accommodations or assistive devices for the DSTP. If a student receiving special education services receives a 1 or 2 on the DSTP rating scale, the student’s IEP team still determines whether the student is then placed in the next grade the following school year. (Please note that special guidelines apply to students with limited English proficiency who also receive special education services.)
A child receiving special education services might be exempt from taking the DSTP exams, if he or she qualifies for the Delaware Alternate Portfolio Assessment (DAPA). The DAPA was designed to assess the progress of students whose significant cognitive disabilities prevent them from meaningful participation in the DSTP. The student’s IEP team must clearly document the need for including him in the DAPA. If a child qualifies for the DAPA, he or she is assessed by means of a portfolio. The portfolio may include student work, parent and peer letters, pictures, teacher data sheets, audiotapes, videotapes, etc. Trained educators review these portfolios. The portfolios are scored but, unlike the DSTP, the score will not result in consequences for students. The portfolio score can provide the IEP team with information to better understand a child’s progress and to plan for the child’s educational program.
PIC TIP
- Stay current with up-to-date DSTP and DAPA information by:
- visiting the DE Dept. of Education’s web site
- attending school open houses
- asking questions at PTA meetings
- checking the newspaper or school websites for school accountability report cards
Resources
Delaware Department of Education – Guidelines for the Inclusion of Students with Disabilities and Students with Limited English Proficiency at: http://www.doe.state.de.us/;
Center for Disabilities Studies/University of Delaware/Delaware Alternate Portfolio Assessment at: http://www.udel.edu/cds/dapa/;
Building the Legacy: IDEA 2004 http://idea.ed.gov;
National Dissemination Center for Children with Disabilities http://www.nichcy.org
I have met with my daughter’s IEP team several times and we just cannot agree on her placement. Is there someone who can help us resolve this dispute?
Yes, there is. Special education law ensures that mediation be offered as an option for handling disputes between schools and parents. Mediation is a voluntary process where a neutral third party tries to facilitate agreement among the parties. Unlike a due process hearing, it is intended to be non-adversarial. Mediation must be offered whenever a parent requests a due process hearing. Mediation can also be requested, subject to approval from the State Department of Education, whenever a parent disagrees with the school regarding a child’s identification and evaluation for special education services, or when the parent disputes the child’s educational program or placement. Mediation is free to parents.
In Delaware, the Special Education Partnership for the Amicable Resolution of Conflict (SPARC) provides mediators. SPARC is sponsored by the Conflict Resolution Program at the University of Delaware and the Delaware Department of Education. Once the school and parents agree to participate in mediation, the parties can contact SPARC. SPARC will assign a qualified and trained mediator and will coordinate the logistics of the mediation (such as a neutral location and an agreeable date and time). The mediator must be someone without a personal or professional conflict of interest in the specific case.
Once a mediation request is made, a mediation session is usually scheduled within two to three weeks. Most sessions last two to four hours, and sometimes more than one session is required. Sessions generally include only two or three individuals invited by the school and parents (this will not be the full IEP team meeting again). Discussions occurring during the mediation process will be confidential and cannot be used as evidence in any subsequent due process hearing or court proceeding. The mediator can help clarify issues, explore options, and write a clear agreement between the parties. The mediator does not advocate or recommend a particular solution, or impose his or her own decisions on the parties. If an agreement is reached, it is put in writing and signed by the parties. Sometimes mediation resolves part of a dispute and a partial agreement can be signed. Parents should always follow up with the school to make sure the school is implementing the mediation agreement. If no agreement is reached, the parties will get a report summarizing the unsettled issues. If mediation does not resolve an entire dispute, or if a parent chooses not to pursue mediation, the parent can still exercise his or her other rights. The parent can file for a due process hearing and can file an administrative complaint with the state Department of Education. In addition to using mediation as a way to resolve disputes, parents and schools can request that an IEP meeting be run by a SPARC facilitator. Interested parties can contact the state Department of Education, which screens requests for SPARC facilitators. Many districts also have their own meeting facilitators as well.
PIC TIP
Prior to requesting mediation, ask yourself: Have I clearly expressed my concerns to the IEP team? Do I need more information to understand the school’s position? Do I have all of my paperwork? Are there any solutions I can offer?
Reference: IDEA Federal Register Rules and Regulations S 300.506 – MediationResources
SPARC – (302) 831-8158 or www.ipa.udel.edu/crp/sparc-mediation
Consortium for Appropriate Dispute Resolution in Special Education (CADRE)DE Dept. of Education (Special Education Program)
Building the Legacy: IDEA 2004
National Dissemination Center for Children with Disabilities
My son receives special education services. The school just suspended him. Can they do that?
Even children who receive special education services can be suspended under certain circumstances. These are the basic rules:
- If a child receiving special education services violates the student code of conduct, the school can suspend him for as many as 10 school days at a time, provided the suspensions do not constitute a “pattern”. A pattern may be found if the child has been suspended for more than 10 days total and if other factors indicate a pattern (such as the length of each removal, the total amount of time the child is removed, and the proximity of the removals).
- Once a child receiving special education services has been suspended for more than 10 school days in a given school year:
- a. The school must provide educational services to the child from the 11th day of suspension onward, and
- b. The IEP team should meet to review any behavioral intervention plan in place. The meeting should occur no later than 10 business days after the removal. If there is no plan, the team should meet to conduct a “functional behavioral assessment” and then meet again soon after the assessment is complete in order to develop a behavior intervention plan.
- If a school suspends a child receiving special education services for more than 10 school days at a time, or engages in a pattern of removals, it is considered a “change of placement”. A change of placement also occurs for any in-school removals of more than 10 days when the removals deprive a child from meeting IEP goals, progressing in the general curriculum, and receiving services and modifications set forth in the IEP. In addition, a change of placement occurs when a child receiving special education services is removed from transportation, if the removal results in the child’s absence from school for more than 10 days.
- Once a removal decision is made which constitutes a change in placement, the IEP team must conduct a review of the relationship between the child’s disability and the behavior resulting in removal. This review, called a “manifestation determination review”, must occur no later than 10 school days after the removal decision is made. The importance of this review is that, if the behavior is found not to be a manifestation of the child’s disability, then the school can discipline the child in the same manner as a child in regular education, such as by giving a long-term suspension. (The school would still have to provide special education services to the child).
- In determining whether the behavior was a manifestation of the child’s disability, the members of the IEP team need to consider all relevant information in the student’s file (which may include the IEP, evaluations, observations and more). The team is responsible for determining if the conduct that caused the suspension: 1) was caused by, or had a direct and substantial relationship to the disability; and 2) was the direct result of the school’s failure to implement the IEP.
- Parents who disagree with a change in placement or with the manifestation determination can request an expedited due process hearing. When parents challenge a change in placement by filing for due process or by filing a civil lawsuit, children with disabilities are entitled to stay in their regular placements pending resolution of the case, except for situations involving weapons, drugs, and danger to self/others (discussed below).
The following are important exceptions to the above-mentioned basic
rules:
Special Circumstances: School personnel have the authority to remove
students and place them in an Interim Alternative Educational Setting
for not more than 45 school days without regard to whether behavior is
determined to be a manifestation of the child’s disability if the
child:
- 1. Carries a weapon to or possesses a weapon at school, on school premises or to or at a school function
- 2. Knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or to or at a school function
- 3. Has inflicted serious bodily injury upon another person while at school, on school premises or at a school function
Unique Circumstances: School personnel may consider any unique circumstances on a case-by-case basis when determining a change in placement due to a violation of the school code of conduct.
PIC Tip
Gather information so you’ll be prepared to take the next step. Do you know why your child was suspended? Do you have a copy of the school code of conduct? Did you receive a written suspension notice? What do you know about the proposed change of placement? Has a meeting been scheduled? Do you have any information about your child’s behavior or disability that the school does not have?
Reference: IDEA Federal Register Rules and Regulations S 300.521-530 – Authority of School PersonnelResources
DE Dept. of Education (Special Education Program)
Building the Legacy: IDEA 2004
National Dissemination Center for Children with Disabilities
I cannot leave my child with a regular babysitter because his needs are too demanding. I need some time off! Is there anyone who provides babysitting for children with special needs?
t sounds like you could benefit from respite services. "Respite" refers
to short term, temporary care provided to people with disabilities. It
can involve a few hours of care or even overnight care. Respite helps
temporarily relieve the stress families may experience from having to
care for a child with special needs. Respite care enables families to
take vacations, or to have just a few hours of time off. Respite is often
referred to as a gift of time.
Several local organizations provide respite-related services:
- Mary Campbell Center: This center, located on Weldin Road in North Wilmington, has a variety of respite and recreational programs for children with special needs and their siblings. The center runs an afterschool program three days per week for children ages 6 to 21. Other programs offered by the center include a preschool program for ages 3-6 on two afternoons; weekly clubs for ages 6-21; a weekly teen group for ages 13 to 21; Special Olympics training for ages 8-21; schools out programs for ages 3-21; and swim lessons. The center also offers summer camp programs. For more information and to schedule a tour of the facility, contact Karleen O’Brien-McCann at 762-6025 or kobrien@marycampbellcenter.org.
- United Cerebral Palsy (UCP) offers several respite options. UCP has a Saturday Rec-N-Respite program in New Castle County. There are three eight-week sessions, each with a morning or afternoon option of three hours. It is a free program that is open to children with and without disabilities from ages 4 to 21. UCP also offers weekend camp programs at Camp Lenape near Felton. There are different camp sessions for children and adults. In addition, UCP offers in-home respite care for adults as well as emergency respite care. For additional information, contact Marge Turner (New Castle County; 764-2400) or Carma Carpenter (Kent and Sussex; 335-5626).
- Easter Seals has weekend respite programs throughout the year as well as summer camp programs. All programs are held at Camp Fairlee Manor, a 250-acre facility in Chestertown, Maryland. The weekend programs run from Friday night to Sunday afternoon. Some sessions are for youth (ages 6-21) and others are for adults. The summer camp program offers Sunday to Friday sessions for youth and adults. Sessions offer activities like arts and crafts, sports and games, nature walks, swimming, fishing, high/low ropes courses and canoeing. For more information, contact the camp at (410) 778-0566.
- Division of Developmental Disabilities Services (DDDS): This is part of Delaware’s Department of Health and Social Services. DDDS does not provide respite services itself but it helps clients find respite providers and it pays for up to 120 hours of respite per year. Family members of the individual being cared for can qualify as respite providers and get paid by DDDS. You must be a DDDS client in order to receive this service; clients include adults and children with developmental disabilities. Applications for DDDS services can be downloaded at http://www.state.de.us/dhss/ddds/files/application.pdf or you can contact Susan Smith at 744-9600
PIC Tip
Talk with other parents and ask about services or supports they find useful. Contact a support group to connect with other parents. You may also find it helpful to post a job notice for college students asking for help from students studying in the areas of health, education and recreation.
Resources
Learn more from a report called “Respite Care in Delaware: A Critical Need for Change” issued by the Center for Disabilities Studies at http://www.udel.edu/cds (under “publications”).
