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- My child's school district funding formula for special education has changed. How will it affect my child?
The answer is really quite simple. The services each student receives are to be based on that student's individual needs, NOT different funding formulas, monitoring systems, or any other process.
The truth is, the funding formula has changed, but that is not a reason to change the services your child receives. Students with disabilities are provided educational services in accordance with State and Federal laws and regulations.
These laws and regulations outline the rights of the student and the parents and the procedures that must be followed in order to assure that the student has been appropriately served. The laws require that the student's services be provided based on the individual needs of the student. Services may change, but that is to be based on the changing needs of the student. The district is required to follow the regulations, by holding an IEP meeting where the parent has the right to question the proposed changes and have input into any decisions. The regulations also clearly outline the procedures that a parent can follow if they feel that the rights of the student have been denied or limited. The State regulations must be in. compliance with the Federal regulations, and the State is required to prove in their State plan that they are complying with these federal requirements. So, if the district is using State funding as a reason to deny services they are not in compliance with either the regulations or your child's IEP. Those services are not based on what funds are available, but instead on what your young person needs to benefit from his or her special education program. If for instance, your child had been in an integrated program with a classroom aide and modified curriculum, the IEP will reflect that. The district must demonstrate that the child will no longer benefit from this arrangement before they can remove your child from that setting. The support services are not to be removed due to lack of funds, but must be maintained unless your child no longer needs such aids and services.
- What can you do to insure that your child's program and services will remain intact?
Review your child's IEP.
Are the goals and objectives clear?
Are the aids and services spelled out in the IEP?
Are there services your child receives that are not listed?
The IEP is the tool by which you can insure that your child's services are maintained. If the goals and objectives are not clear, if services are not listed, or if your child receives services in addition to those listed, you will need to call a new IEP meeting to get these things corrected. Do not allow anyone to say they can no longer provide supports, due to funding. Remind them that those services are not based on the funds available, but instead on the INDIVIDUAL student's needs. Insist that the staff explain to you why the services your child was receiving are no longer appropriate to meet his or her needs, and how it was determined that those services are no longer appropriate. If you disagree, you have the right to challenge this decision. We strongly recommend that a part of that challenge include mediation, not just due process. Many times these situations can be resolved through this process. The decision is yours. The services your child receives must be based on the IEP, not on funding. Work with the district to determine your child's needs, and develop a strong IEP that will protect your child's rights. If the services necessary for your child to benefit are denied, don't stand by. You are the only one who can insure that your child's needs are met.
Remember, FUNDING is not justification for denying a student an appropriate education. Denial of services based on the new funding formula is not a choice for districts. The districts still must be in compliance with the State and Federal laws and regulations. Your rights under these laws and regulations have not changed. It is up to us as families to insure that the changes happening within our State Special Education system continue to benefit students. This is the goal! We are the watch dogs that will insure the intent of the laws remain unchanged.
- My child needs and was receiving social work services from his school. Budget cuts eliminated most of the Social Workers (MSWS) in our district, so he no longer gets that help. Can the district just take away services like that?
The IEP must be written to meet your child's individual needs, not to meet the needs of the school or school district! If there is documentation that your child requires certain services to benefit from his education, those services must be supplied by the district. When the only person qualified to give the services is a social worker, then that person must be provided for your child. If someone else can provide comparable services, then that person could be used. The main question to ask is, "Are my child's needs being met appropriately?". Evidence of the answer would be whether or not he is making progress and is succeeding in school.
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