| Do Know Your Rights? If Not An Attorney Can Help! | | | | When the evaluation is completed you will attend an |
| When a child is born with or s stricken with a | | | | eligibility meeting to discuss the results. If your child is |
| developmental develops a disability, the Department of | | | | found to be "disabled" under the, law he or she will be |
| Health and Senior Services is legally responsible for | | | | eligible for free special education and related services. |
| making available in-home services at little to no cost to | | | | In Monmouth County each town has their own public |
| the family. This is called the Early Intervention Program. | | | | special education preschool program and many |
| Some of the services available include, visiting nurses, | | | | provide free transportation. If you disagree with the |
| speech therapists, physical therapists, developmental | | | | evaluations provided by the school you have a right to |
| therapists and occupational therapists. | | | | request a new or independent evaluation at the |
| Once your child turns three-years-old, Federal Law | | | | school's expense. If your child is determined to not be |
| requires under the Individuals with Disabilities Education | | | | eligible for the school you have a right to appeal the |
| Act (IDEA) that a preschool child with a disability be | | | | decision. An attorney experienced in education and |
| provided with "a free and appropriate public education | | | | special education law can be extremely beneficial in |
| and services in the least restrictive environment." A | | | | advocating your appeal of the school's decision and |
| child with disabilities could be something as minor as a | | | | helping you to secure special education services for |
| speech delay or as serious as Autism, Downs | | | | your child. |
| Syndrome or Cerebral Palsy. | | | | The Individualized Education Program (IEP) is the road |
| In many non-English speaking communities, word does | | | | map to your child's education. It is the written plan to |
| not get out that these services exist. Too often | | | | address your child's special needs and abilities. The IEP |
| parents learn after the fact that the school district is | | | | should give you a voice in your child's education. Ideally, |
| required to provide preschool disabled children with | | | | parents and professionals work together to develop |
| education and other services. | | | | an individualized program that benefits your child and |
| If you think your preschooler might qualify for services, | | | | are supposed to be equal partners throughout the |
| to initiate the process you need to make a written | | | | evaluation and IEP Process. Unfortunately, parents |
| request for an evaluation to your local school district. | | | | concerns and requests are sometimes overlooked or |
| Preferably this should be done 120 days before your | | | | ignored due to budgetary constraints, high case loads, |
| child's third birthday. Once your school district receives | | | | and stagnated bureaucracy. Too often parents are not |
| your request a Child Study Team must schedule a | | | | informed of their rights and available tools such as |
| meeting with you. A Child Study Team is a crucial | | | | assistive technology, extended school year programs, |
| component of any special education program. This | | | | and positive behavioral supports to help their children |
| team consists of a speech-language specialist, a | | | | reach full potential. |
| school psychologist, a learning disabilities teacher | | | | An attorney well versed in education law can advise |
| consultant, and a school social worker. These | | | | and advocate on your child's behalf. Don't let a child |
| specialists are selected and paid by your school district. | | | | study team tell you that they know their program and |
| This meeting determines whether an evaluation is | | | | they know what your child needs. You as a parent are |
| warranted. It is your legal right to have any referral | | | | the expert regarding your child. If you disagree with |
| considered. The law allows you to have an attorney | | | | your child's program and / or IEP, the law provides you |
| with you, if you wish, to ensure that your voice is | | | | with valuable rights and powerful mechanisms to make |
| heard and you are fully aware of your options. | | | | sure your child receives all the special services he or |
| If the Child Study Team believes an evaluation is | | | | she is entitled. You are permitted to bring an attorney |
| warranted, an evaluation plan will be formalized. An | | | | to the IEP meeting to help advocate your position and |
| evaluation of your child must include, one structured | | | | if necessary appeal any decisions made by the school. |
| observation, an interview with you and your child's | | | | As parents you are guaranteed a voice in determining |
| teacher if they are in preschool, a review of | | | | the appropriate program for your child. If necessary an |
| interventions documented by professionals who | | | | attorney can help you be heard. |
| worked with your child. The Child Study Team will | | | | This article is intended to provide general advice only. It |
| make independent social, educational, psychological, | | | | is not intended to take the place of a consultation with |
| vision and hearing and speech language assessments. | | | | an experienced attorney. |