10 School Causes for Denial of Special Education FAPE for Children With Disabilities!

Do you have a child with Autism or other disabilities that is currently not receiving a free appropriate public education (FAPE), despite your continued advocacy? Would you like to learn about a few school causes to help you in your advocacy? This article will be discussing 10 school reasons why few children in special education truly receive a free appropriate public education, that is required by federal special education law.

1. Many schools require parents to pay for independent educational evaluations (IEE) to prove that their child needs related and special education services. If parents are paying for experts to help them determine needed services for their child, the education is not free.

2. Most school district evaluations are not comprehensive enough to identify all of a child's disabilities. Disabilities must be known before appropriate services can be determined.

3. The continual use of deny and/or delay tactics by many special education personnel prevent children from receiving an appropriate education.

4. Special education personnel sometimes refuse to take responsibility for a child's lack of educational progress. Blaming the parent and child is a prevalent tactic that harms children.

5. The use of old antiquated non-scientifically based research in curriculums used to teach children. IDEA 2004 and No Child Left Behind do not allow this, but lack of enforcement is causing schools to continue this practice.

6. Minimal remediation given for children's disabilities, in academic and functional areas. As children get older many schools want to use modifications for disabilities, rather than offer remediation.

7. Predetermination by many special education personnel of services that will be offered to children. This practice harms children by not taking their individual disabilities into account as is required by IDEA 2004.

8. Low expectations by most school personnel prevent children from learning academics that they need for their adult life.

9. Lack of teacher training in scientifically research based curriculums is harming children and preventing them from receiving FAPE.

10. Failure of many school districts to deal with negative behavior in the research based way, but continue the use of suspensions and expulsions. Functional Behavioral Assessments, development and use of positive behavior plans have been shown by research to work to increase a child's positive school behavior, while decreasing their negative school behavior.

What could change this for children with disabilities? If school districts would work with parents to determine a child's disabilities, educational needs, and offer remediation that is scientifically research based more children would receive an appropriate education. Also, educating school staff on research based ways of dealing with negative behavior, and teaching deescalating techniques to help children. Expectations must be high for all children with disabilities so that they will be prepared for post school learning, jobs and independent living.

JoAnn Collins is a successful special educational advocate for over 20 years and author of the book "Disability Deception; Lies Disability Educators Tell and How Parents Can Beat Them at Their Own Game!" The book is filled with truths about special education, for parents, and lots of easy to use advocacy tips. Check out her blog at: http://specialeducationspotlight.disabilitydeception.com/. For more information on the book and special education as well as testimonials on her book, please go to: http://www.disabilitydeception.com/. For questions or comments feel free to E mail me at: JoAnn@disabilitydeception.com.

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8 Parental Causes for Denial of Special Education FAPE for Children With Disabilities!

Are you the parent of a child with a disability receiving special education services? Have you been fighting for your child to receive an appropriate education but are afraid that you are losing the battle. This article will be addressing the definition of FAPE as well as 8 parental reasons that may be contributing to your child not receiving a free appropriate public education.

Definition of FAPE

In a US Court of Appeals Case in the Third Circuit N.R. vs. Kingwood Township FAPE is defined as: a satisfactory IEP must provide significant learning and confer meaningful benefit. The definition of FAPE in IDEA 2004 states that FAPE means related and special education services that are free to the parent, and meet the standards of the State Educational Agency. Recently, many states have passed National Core Educational Standards to make the standards more uniform from state to state.

Possible Parental Causes

1. Some parents may not educate themselves about all of the federal and state laws that they can use to advocate for their child. These laws are: IDEA 2004, Section 504 of the Rehabilitation Act, ADAAA, etc. It is critical that parents read books, and attend conferences to educate themselves.

2. Parents may be unwilling to confront or stand up to special education personnel who are refusing to provide FAPE to their child. This may be due to parents upbringing of not confronting authorities or educators

3. Schools have low expectations of what a child can learn in academic and functional areas. Parents must stand up to low expectations by some special education personnel, to the benefit of their child.

4. Not making sure that their child is held to the same educational standards as children without disabilities. If children do not learn academics and functional areas they could be hindered in their adult life.

5. Some parents may not learn appropriate remediation that their child needs to help them in their education.

6. Some parents may be unwilling to file a state complaint, 504 complaint, or file for a due process. As an advocate for over 20 years I have seen many school personnel draw a line in the sand, and absolutely refuse to listen to any parental input on services that their child needs. This situation requires going outside of the school district in the filing of complaints or due process, in a timely manner.

7. Some parents may accept lack of FAPE year after year without doing anything about it, even trying to find private services (and asking for school reimbursement). I recently read about a family in San Francisco that fought their school by filing for a due process hearing when the school district refused to provide their 3 year old child with Autism Applied Behavioral Analysis (ABA) services, even though independent evaluators stated that the child needed this service. The parents did not wait year after year to let their child fail, they filed immediately. The family won after a 7 month fight, and was reimbursed for the private ABA services, that was given to their child.

8. Parents often approach school districts asking for the best services for their child. IDEA 2004 does not require that schools offer the best, but just related and special education services that are appropriate to meet the child's educational needs.

How can parents turn this around? By educating themselves about special education law and research based remediation for their child. They also must be assertively persistent in their advocacy, for as long as it takes for their child to receive an appropriate education. Going outside the school district the first time they deny your child FAPE sends a message that you will not tolerate the civil rights violations to your child. Parents have a tough job, but if they work hard and advocate hard their child can receive an appropriate education.

JoAnn Collins is a successful special educational advocate for over 20 years and author of the book "Disability Deception; Lies Disability Educators Tell and How Parents Can Beat Them at Their Own Game!" The book is filled with truths about special education, for parents, and lots of easy to use advocacy tips. Check out her blog at: http://specialeducationspotlight.disabilitydeception.com/. For more information on the book and special education as well as testimonials on her book, please go to: http://www.disabilitydeception.com/. For questions or comments feel free to E mail me at: JoAnn@disabilitydeception.com.

View the original article here