Print this page
Email this page
Under federal and DC law, children with disabilities are entitled to an education that is individually tailored to meet their needs. The law applies to children in public school and to children attending charter schools.
To be deemed eligible for special education services, a child must require specially designed instruction in order to make effective progress and/or need related services in order to access the general school curriculum.
Children with disabilities must be educated in the “least restrictive environment” – this means that, whenever possible, children must be educated in the same manner as their non-disabled peers. Children with disabilities should only be removed from the regular educational environment when the nature or severity of their disability is such that education in the regular classroom, even with aides and services, cannot be achieved satisfactorily.
How is a child identified for special education services?
A parent, teacher or other government employee who knows a child can request a special education evaluation for a child who is not doing well in school. Once a referral is made, the school is required to convene an Individualized Education Program (IEP) Team to determine which evaluations the student needs. The IEP Team must include:
At this meeting, the Team decides which evaluations will be performed. The law requires that the student be assessed in all areas of suspected disability, including, if appropriate:
Before evaluations can begin, the parent must give their written consent. The school has 120 days from when the child is referred for special education to complete all of the evaluations, hold an eligibility meeting and, if appropriate, identify a proper placement.
When is a child eligible for special education services?
When the evaluations are complete, the school convenes an IEP Team meeting to review and discuss the results of the tests and determine if the child has a disability which qualifies him or her for special education. If the child has previously or concurrently been evaluated by non-school personnel (e.g: by a hospital or through court involvement), the IEP Team must review and consider these evaluations. Under DC law, there are 14 recognized disability classifications:
In order to be classified as a child with a disability, the disability must have an adverse affect on the child’s educational performance. If the child is found eligible for special education services, the school will either immediately write up an initial IEP or agree to hold another IEP meeting for that purpose at a later date. If the child is found ineligible for special education the process is complete; the parent can request a hearing to challenge this decision.
What is an IEP and how is it developed?
Under DC law, the Team must meet and develop an Individualized Education Plan or IEP for a child with a disability within 30 days of the eligibility determination. The IEP is the written plan that sets forth the services to be provided to the child and the progress he or she is expected to make. The IEP must include:
The IEP is not a valid legal document until it has a parent’s signature that he or she is in agreement with the contents of the IEP. If the parent does not agree with the contents of the IEP, the parent can request a hearing.
Who decides what school a child should attend?
After the IEP is developed, the Team will discuss what school placement can implement the IEP. Placement options include (from least to most restrictive environments):
The parent must be part of the team that decides where the child is placed; this decision can not be made unilaterally by the school system. If the parent disagrees with the proposed placement, the parent can request a hearing.
Under DC law, the school is required to have an IEP Review meeting at least once a year to discuss what progress the student has made, review the student’s goals and make any necessary changes or modifications to the IEP.
The school must re-evaluate the student every 3 years or more frequently if conditions warrant reevaluation (e.g: the child’s performance declines for an unknown reason, the child has frequent disciplinary problems). The school must evaluate the student before taking a child out of special education and/or determining that a child is longer a child with a disability.
What can parents do if they disagree with the school?
If a parent disagrees with a decision made in the special education process, the parent may file a due process complaint against the school system. Within 15 days of receiving the parent’s complaint, the school system must convene a Team meeting to try to resolve the disagreement. If this meeting does not resolve the issue, the parent may voluntary go through a mediation process or may immediately file for a due process hearing. If a school system has not resolved the complaint within 30 days of receipt of the complaint, a hearing must be scheduled and a written decision issued within 45 days. At the hearing, the burden of proof is on the party seeking relief (usually the parent). An impartial hearing officer presides over the hearing and issues a decision. While the case is pending, the child must remain in his current placement.
Where can I get more information?
District of Columbia Public Schools
DC Charter School Board
Office of the State Superintendent of Education
U.S. Department of Education, Office of Special Education and Rehabilitation Services
COPAA – Council of Parents Advocates & Attorneys – a clearinghouse of information on special education for attorneys and advocates, including legal development and case law updates and advocacy tips.
Wrightslaw –a clearinghouse of information for special education for attorneys and advocates.
Legal Center for Foster Care and Education - a national technical assistance resource and information clearinghouse on legal and policy matters affecting the education of children in the foster care system.
