Special education

Special education

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  Contact: Jim Ronca Michael Monheit ReseaRch and Recent studies: Special Education issues Greg Spizer Michael Schafle Anita Pitock Email: [email protected] idEA Toll Free: (866) 735-2792 contents Read more information online at: What is idEA? 2 www.anapolschwartz.com Who conducts the evaluation? 2 © 2011 All Rights Reserved. if my child qualifies, what’s the next step? 2 How much does this cost? 3 MEdiCAl diSClAiMER: This PdF What if the iEP is not working? 3 is not designed to and does not provide medical advice, professional diagnosis, What disabilities affect cleft palate children? 4 opinion, treatment or services or other- do you have more questions? 5 wise engage in the practice of medicine, to you or to any other individual. Please References 5 use this information to help in your conversation with your physician. This is general information and always seek the advice of your physician or other quali- fied health provider with any questions you may have regarding a medical condi- tion. Never disregard or delay seeking ATToRNEy diSClAiMER: This PdF is dedicated to providing general public information regarding legal professional medical advice or treatment rights. None of the information on this PdF is intended to be formal legal advice, nor the formation of a lawyer because of content found in the PdF, or attorney client relationship. Please contact a lawyer for information regarding your particular case. This PdF is website, or newsletter. not intended to solicit clients outside the states of Pennsylvania, New Jersey, ohio, West Virginia and Arizona.
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  Every child hasthe right to an education. Those born with birth defects, such as cleft lip and palate, are no exception. Children born with cleft lip and palate are often in need of additional services due to difficulties with speech and/or hearing. you as a par- ent will need to participate in the process of championing these opportunities for your child. This article highlights some of the things you need to know. Feel free to use the references for more information. What is idea? Who conducts the evaluation? The individuals with disabilities Education Act (idEA) is a u.S. The evaluation team consists of you the parent, the child if old federal law governing how states and public agencies provide enough to participate, a general education teacher and a spe- special education, early intervention, and related services to cial education teacher, relevant therapists such as speech and children with disabilities. idEA covers 13 specific categories of language pathologist, and someone from the school district disability and addresses the educational needs of children with who has the authority to commit the required resources. disabilities from birth to 18 or 21 years of age. your child will be assigned special education if his or her needs cannot be met in a regular classroom setting. What is the fiRst step to qualifying foR disability? if my child qualifies, What’s the The first step is determining whether or not your child has a next step? disability and if so, what that disability is. your child must receive iEP (individual education plans) which determine the directional scope to be taken for his or her edu- What is consideRed a disability? cation. iEP is mandated by idEA. The iEP should describe how the student learns, how the student best demonstrates that A child must have one of these disabilities to qualify: learning and what teachers and service providers will do to • mental retardation help the student learn more effectively. Considerations in de- • hearing impairment veloping an iEP include assessing students in all areas related • speech or language impairment to his or her known disabilities while considering the ability to • visual impairment access the general curriculum, considering how the disability • serious emotional disturbance affects the student’s learning, developing objectives that cor- • orthopedic impairment respond to the student’s needs, and choosing a placement in • autism the least restrictive environment possible. • traumatic brain injury • specific learning disabilities Every state has a timeline for when and how iEP is deter- • developmental delays (this disability applies only to mined. children ages 3–9); and • other health problems Also your child will need to be professionally evaluated. RESEARCH ANd RECENT STudiES: SPECiAl EduCATioN iSSuES idEA Copyright © 2004–2011 All rights reserved. Anapol Schwartz. Read more information online at www.anapolschwartz.com. 2
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  hoW much doesthis cost? difficult or are there times of day that seem harder? Are the teaching strategies working? does your child need a functional it should cost you nothing. FAPE or free and appropriate edu- behavioral assessment? How can the family help at home? cation is provided to a child with a disability. Schools must pro- vide students with an education, including specialized instruc- if you’re not happy with the outcomes, you may have to fill out tion and related services, which prepares the child for further more forms and take it to another level like resolutions, media- education, employment, and independent living. tion, or hearings. if a school district is unable to provide free appropriate public at What age does special education, they may place a student with a disability into a program other than the one it operates. However, the school education staRt? district or entity must cover any financial obligations related to that program. From birth to 3 years old. States are responsible for making early intervention services What if the iep is not WoRking? available to eligible children and their families. States also may elect to provide services to infants and toddlers who are at risk The iEP is like a contract—the school only has to give your child of having substantial developmental delays—physical, cogni- what is written in the iEP. Talk to the child’s teacher or other tive, communication, social-emotional, and/or adaptive, if ap- school staff. Ask if the teacher sees the same problems and propriate early intervention services are not provided. States can suggest any changes in the classroom that might help. Ask may apply for grant funds as part of idEA, part C. to see tests and copies of your child’s work. Ask if the other services in the iEP are being provided? does the class have Find early intervention programs in your state. more children than state law permits? Are some classes more RESEARCH ANd RECENT STudiES: SPECiAl EduCATioN iSSuES idEA Copyright © 2004–2011 All rights reserved. Anapol Schwartz. Read more information online at www.anapolschwartz.com. 3
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  What disabilities affectcleft do you have any tips foR Raising palate childRen? childRen With oRal cleft biRth defect disabilities? in babies with cleft lip only, speech development should be no • learn as much as you can about your child’s disability problem. However, as children with cleft palate grow, they of- ten need some speech therapy. Speech problems occur for one • Find programs to help your child or more of the following reasons: • Talk to your family about how you’re feeling • incorrect speech patterns learned before the palate • Talk to other parents of a child with a disability was closed • Join the CleftSmile.org online communit y • The palate is open, allowing sounds to escape into the • Join a support group nose and giving the voice a nasal quality • Stick to a daily routine • The repaired soft palate at the back of the mouth isn’t • Take it one day at a time able to close off the nose, so air and sound escape into • Nurture yourself the nose during speech • Reward yourself by doing something you enjoy doing • Teeth are improperly aligned or missing, making it hard like going to a movie, taking a yoga class, or meeting a for the child to produce certain sounds that depend on friend for lunch. the action of the tongue against the teeth, for example “s” and “sh” Raising a child with disabilities is an incredibly rewarding • Ear problems prevent the child from hearing speech experience. it’s also challenging. Children with disabilities are sounds clearly. not as rare an occurrence as one might suspect. Millions of parents throughout the united States are raising children with disabilities. you are not alone. RESEARCH ANd RECENT STudiES: SPECiAl EduCATioN iSSuES idEA Copyright © 2004–2011 All rights reserved. Anapol Schwartz. Read more information online at www.anapolschwartz.com. 4
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  do you havemoRe questions? Who is Anapol Schwartz? Anapol Schwartz upholds traditions of excellence in medical Please refer to our references below or contact us for assistance malpractice, pharmaceutical, toxic tort, class actions, products for questions about speech therapy and middle ear infections liability, and automobile accident litigation. law offices are lo- as disabilities related to oral cleft birth injuries. cated in Pennsylvania, New Jersey, West Virginia, Arizona, and of Counsel in ohio. should i file a laWsuit? RefeRences it’s quite possible that you should and here’s why: your baby may require expensive procedures that health insurance will idEA—office of Special Education most likely not cover or not cover in their entirety. There will be iEP—individualized Education Programs ongoing therapy, costly care giving, and numerous prescription u.S. department of Education – FAPE drugs. if employed or self employed, you may need to take time Free Appropriate Public Education for Students of disabilities: Requirements off work. you, your family, and your baby’s pain and suffering under Section 504 of the Rehabilitation Act of 1973 will be all consuming. A lawsuit can help pay for medical bills Education law Center and expenses. list of publications for students with disabilities in Pennsylvania but serves as a guideline for other states When is the best time to file a birth defect lawsuit? The Right to Public Education in Pa. (PdF) A guide for parents The sooner the better—it takes time to compile information and university of oklahoma’s Craniofacial Clinic hospital records. Every state has what is called statute of limita- An interdisciplinary Team Approach to Cleft lip, Cleft Palate and Craniofacial tions and places limits on how long the injured party can wait to Problems file a lawsuit. The last thing you want to do is lose that opportu- Cleft Therapy nity to file. That would be considered reckless behavior. Cleft lip and Palate: A Guide for Speech-language Pathologists in the Schools university of North Carolina, division of Speech & Hearing Services What is the statute of limitations to file a lawsuit? Can Speech Therapy Help When a Child Has a Repaired Cleft Palate? in Pennsylvania, New Jersey, and West Virginia, a personal in- American Speech language Hearing Association jury lawsuit must be filed within two years of the date when Resources to better understand communication and communication disorders the injury occurred. Craniofacial Teams Find a team near you for support and networking How much does it cost to file a lawsuit? Early intervention (Ei) Find these programs in your state Clients pay no out-of-pocket expense and only pay if and when their settlement is received. A settlement affords you compen- sation for mounting medical bills, caregivers, loss of income (if still working), and pain and suffering. RESEARCH ANd RECENT STudiES: SPECiAl EduCATioN iSSuES idEA Copyright © 2004–2011 All rights reserved. Anapol Schwartz. Read more information online at www.anapolschwartz.com. 5