A Parents’ Guide to Special Education in North Carolina

1 I | Page A Parents Guide to Special Education in North Carolina By Jane Wettach Children s Law Clinic Duke Law School Durham, NC i | Page 2017 Jane Wettach Children s Law Clinic Duke Law School Box 90360 Durham, NC 27707 Note: Users of this Guide are welcome to print a single copy for personal use. Otherwise, all rights are reserved. This Guide or any portion thereof may not be reproduced or used in any manner whatsoever without the express written permission of the author except for the use of brief quotations.

2 The Children's Law Clinic is a community law office that provides free legal advice, advocacy, and legal representation to low-income children and their parents regarding Special Education matters. The clinic is staffed by Duke Law students who bring their compassion, commitment, and energy to the task of advocating for at-risk children. Since its establishment in 2002, the Children's Law Clinic has represented hundreds of children from a wide region around Durham. Families seeking advice or representation should call 919-613-7169 to be screened for eligibility.

3 Ii | Page Acknowledgements This Guide was prepared with the assistance of many people over a number of years. Special credit goes to Virginia Fogg, now Senior Attorney at Disability Rights NC in Raleigh, NC, who inspired the project as far back as 2012. Law Student Elisa Greenwood, Duke Law 13, provided early structure and support needed to begin making the Parents Guide into a reality. Virginia Chiao, Duke Law 16, made major contributions during her summer internship with the Children s Law Clinic.

4 The fall semester class of 2016, with able technical support from Miguel Bordo, happily contributed their voices and faces to the video portions of the Guide . Other law students along the way have made many individual contributions to the Guide . Rachel Flores in the Duke Law Communications department brought her talent in graphic design to the Guide . Children s Law Clinic Supervising Attorney Brenda Berlin provided excellent editorial and moral support throughout. Many thanks to all! -Jane Wettach iii | Page Contents Introduction PART I CHAPTER 1 A LITTLE BIT OF HISTORY AND A BIG IDEA Special Education : The Big Picture What is Special Education ?

5 Who Should Get Special Education ? Where is Special Education Provided? How Can I, as a Parent, Know Whether My child is Getting the Right Special Education ? What are the Steps for Getting Special Education ? CHAPTER 2 THE BASIC PROMISE OF THE IDEA A child with a Disability A Free, Appropriate Public Education Individualized Educational Program (IEP) Least Restrictive Environment (LRE) CHAPTER 3 Special Education TERMS AND CONCEPTS Early Intervention/Infant-Toddler Program Response to Intervention/Multi-Tiered Systems of Support child Find Referral Independent Educational Evaluation Transition Services Re-evaluation Extended School Year (ESY)

6 Moving from School to School Ending Special Education Services Parental Rights Prior Written Notice Informed Consent/Parental Consent 504 Plans iv | Page PART II CHAPTER 4 UNDERSTANDING EVALUATIONS AND EDUCATIONAL TESTING Introduction The Testing Process Types of Testing Scoring of Tests What to Look for in a Report Suggested Questions to Ask About a Report Independent Educational Evaluations Some Terms to Know CHAPTER 5 APPROACHING IEPS AND IEP MEETINGS The IEP Form Category of Eligibility Student Profile Assessment Information Parent s Concerns Parent s/Student s Vision for Student s Future Consideration of Special Factors Present Levels of Academic and Functional Performance Benchmarks or Short-term Objectives Annual Goals Measurement of goals Assistive Technology Related Services Specially Designed Instruction Least Restrictive Environment Testing Accommodations General Accommodations/Modifications/Supplementa ry Aids and Services Transition Planning and Activities Extended

7 School Year Status Signature page IEP Minutes Prior Written Notice Completed IEP document Amended IEP v | Page CHAPTER 6 SCHOOL DISCIPLINE State Law Discipline of Students with Disabilities CHAPTER 7 IDEA DISPUTE RESOLUTION Informal Resolution Options for Parents Facilitated IEP Meetings Mediation State Complaint Due Process CHAPTER 8 Special Education AND PRIVATE SCHOOLS child Find Special Education for Parentally-Placed Children Special Education for Publicly-Placed Children Special Education for Unilaterally-Placed Children when FAPE is Disputed Scholarship Grants for Parentally-Placed Students PART III CHAPTER 9 FREQUENTLY ASKED QUESTIONS Eligibility for Special Education How do I know if my child is eligible for Special Education ?

8 How can I get Special Education for my child ? Can my preschool age child be evaluated for and provided Special Education ? Is my child entitled to Special Education if he attends a charter school? What are the basic requirements for a child to get Special Education ? What does it mean for a disability to have an adverse impact on the student s Education ? vi | Page What does it mean that the student must require specially designed instruction ? Do classroom interventions have to be finished before a child can be evaluated for Special Education ?

9 What does the term discrepancy refer to? What if I think the evaluation done by the school is wrong? Does my child s disability label determine what Special Education services she is entitled to? Is my child limited to having only one category of eligibility listed on his IEP? Does a doctor s diagnosis determine my child s category for Special Education purposes? Does my child have to fail a grade or his classes to be eligible for Special Education ? Can my child get Special Education to address only non-academic needs, such as behavior, organization, or daily living skills?

10 Does my child s condition have to be permanent for her to be eligible for an IEP? Once my child has qualified for Special Education , will he continue to get the services throughout his time in school? Special Education Services and IEPs If my child is determined eligible for Special Education , what does she get? How are IEPs developed? Who are the required members of an IEP team? How do I know if my child has a good IEP? What if I don t think the IEP is maximizing my child s potential? How are annual goals measured?