The purpose of Parent Leaders in Inclusive Education, a grant project fundedthrough the Pennsylvania Developmental Disabilities Council (PA DDC), is to develop parent leadership expanded to children and families who are in public charter schools, including cyber schools and those who are not part of the public school system including home schools, private and parochial schools.
The fundamental philosophy that underlies this project is the concept of inclusion. Inclusion means that students with disabilities receive their education primarily in general education settings. The term Least Restrictive Environment (LRE), found in the Individuals with Disabilities Education Improvement Act (2004), supports the concept of inclusion. LRE means that, to the maximum extent appropriate,school districts and other public local education agencies must educate students with disabilitiesin the regular classroom with appropriate aids and supportsalong with their peers who are nondisabled in the school theywould attend if not they did not have a disability (IDEA, 2004).
Inclusion is research supported as beneficial to students with and without disabilities in achieving both positive academic and social outcomes.
The following comparison chart has been developed to increase the awareness of parents and guardians of the special education rights under federal and state laws in nontraditional education settings parents have selected for their children with disabilities.
It is important for parents and guardians to understand that the selection of a nontraditional school for their children with disabilities may affect the rights of the children to a free appropriate public education (FAPE) in the LRE for those children.
Special Education Rights of School-Age Children
Public School/Publicly placed,Charter and Cyber Charter Schools / Home Schooling / Non-Profit Private School/Placed by Parent
FAPE
(Right to a “free appropriate public education” ) / The responsible school district or charter/cyber charter must provide or ensure that eligible children get FAPE.* FAPE and all other legal protections must be accorded toall students placed by their school districts or by charter/cyber charters in private schools. / These students have no right to FAPE. / These students have no right to FAPE.
Referral/Request for Initial Evaluation / Parent’s request mustbe in writing. School district must present parent with Permission to Evaluate/Evaluation Requestform within 10 calendar days of oral request. Parent must sign Permission to Evaluate/Consent form before initial evaluation can begin. / Parent’s request for an initial evaluation and re-evaluations should be made in writing to the child’s resident school district.The evaluations should be conducted according to the same rules as for children attending public schools. / Parent’s request for an initial evaluation and re-evaluations should be made in writing to the child’s resident school district. The evaluations should be conducted according to the same rules as for children attending public schools.
Type of Plan or
Services / The responsible school district or charter/cyber charter must develop an Individualized Education Program (IEP) with parent as an IEP Team member. Among other things, the IEP includes the special education and related services the parent and the school agree must be provided to the student. The IEP team must meet within 30 calendar days of a determination that the child is eligible for special education. Upon approval of the IEP, services must begin within 10 school days.
In addition, a child with a “qualifying disability” (e.g., diabetes or asthma) is entitled to be identified and must receive “reasonable accommodations” set forth in a “Service Agreement” or “504 Plan.” / A “home education plan”for a child eligible for special educationmust address the specific needs of the child and be approved by a PA certified special education teacher or a licensed clinical or certified school psychologist.
The school district or IU can agree with the Program Supervisor to provide some services. There may be a right to some services if the child is dual enrolled in public school.
. / Children placed by their parents in a private school are entitled only to “equitable participation services” which should be listed on an Equitable Participation Services Plan.”** Unlike an IEP, the IU does not have to provide all of the services listed on the EP Services Plan if circumstances change (e.g., the IU exhausts the state and federal funds for EP Services). A child may be able to get services from local school district if dual enrolled. Also, non-religious private schools have a duty to provide “reasonable accommodations” for children with qualifying disabilities (a/k/a Service Agreement or 504 Plan).
Evaluation / The school district or charter/cyber charter has 60 calendar days (not including summers) from the date the parent signs the Permission to Evaluate/Consent form to conduct an initial evaluation of the student and provide the parent with the Evaluation Report. If a parent believes an evaluation by the district/charter school is deficient, a parent may request an independent evaluation (IEE) and may challenge a school district’s decision to deny such a request. A child with special education needs is entitled to a re-evaluation every three years or,in the case of a child with an intellectual disability, every two years. / The child’s resident school district must evaluate the child and explain the results to the parent. The evaluation should be conducted according to the same rules as for children attending the public schools. / The IU where the private school is located must evaluate the child. The evaluation must be conducted according the same rules as for children attending the public schools.
Dispute Resolution / If parents disagree with the IEP or with any other proposal or refusal of the school district or charter/cyber charter relating to the child’s special education program, they can agree to mediate or request a formal due process hearing. Parents or anyone else acting on behalf of a child can also file a complaint with the Department of Education alleging a violation of the special education laws such as not providing the child with all of the services listed on the IEP. / Any special education services must be agreed upon by the supervisor (the home school instructor) and school district or intermediate unit.Since there is no duty to provide FAPE, the parent cannot use the hearing or complaint system to challenge a school district’s refusal to provide services. However parents can use the hearing process or mediation if it relates to the school district’s duty to evaluate the child. / Since there is no duty to provide FAPE, parent cannot use mediation or the hearing system to challenge a school district’s refusal to provide services. However parents can use the hearing process or mediation if it relates to the IU’s duty to evaluate the child.
Protection in Discipline / Complex special rules apply. Among other things,within 10 school days of a school’s decision to change achild’splacement for discipline reasons, the school must hold a “manifestation determination” meeting and invite the parent. Charter/cyber charters must also comply with these rules. / Not Applicable / Students do not have any special disciplinary protections.
Transportation / Students with disabilities are entitled to free and appropriate transportation when necessary to attend their special education program. When it is needed, the type and amount of transportation must be included in the IEP as a related service. / Any services agreed upon must take place at a public school or a licensed private school. Services will not be provided at home. Transportation services may be agreed to by the school district or IU with the Program Supervisor. / School district must provide students with transportation to and from a non-profit private school that is in the district or within 10 miles of its boundaries. The IU is responsible for transportation to a service it has agreed to provide.
Gifted Students / School districts are required to provide special services in accordance with a Gifted IEP developed at a meeting at which the parent is a member of the team. However, charter and cyber charter schools are not required to provide services to gifted students. / Not required to provide services to gifted students. / Not required to provide services to gifted students.
* Free and Appropriate Public Education – children have a right to special education and related services provided at public expense, without charge to eligible preschool, elementary, or secondary students; under the supervision and direction of a state department of education; and described in an Individualized Education Plan (IEP). – Pennsylvania Parent Guide to Special Education in Charter Schools.
* *The Intermediate Unit is not required to provide all services listed in the Equitable Participation Services Plan. The Equitable Participation Services Plan does not have to include all services (behavioral and academic) the child needs to succeed.
The Parent Education and Advocacy Leadership (PEAL) Center and Temple University's Institute on Disabilities developed this chart in partnership with the Education Law Center of Pennsylvania.