dissenting opinion known. A follow-up
letter to the school district describing
their concerns is often recommended.
At this meeting or any time during
the school year, parents may inquire
about the different kinds of services
and educational settings that could be
offered to their child within the school
district or outside of the school district.
One of the most helpful tips for parents
navigating the special education process
is to be knowledgeable and assertive.
Seek out and explore all different kinds
of programs and settings. This will help
to identify what is appropriate for the
child and what programs can be ruled
mind and take notes. Send a letter to the
school district with your impressions: the
plans you agree with and the decisions
with which you disagree. Keep a record
of everything.
The next step is action. When a
parent disagrees with the school district's
decision regarding their child's needs,
the services offered or the school setting,
they have the right to challenge the
school district and file a due process
proceeding (in some states known as an
impartial hearing). An administrative
law judge will preside and both sides
(school district and parent) will have
the opportunity to present evidence and
witnesses and cross examine. A decision
either a state appellate body or a federal
court depending on the jurisdiction.
Note, a special needs child is entitled
to an education tailored to meet their
unique needs, but the child is actually
not entitled to the "best" possible
placement. It may seem contrary to
rational thinking, but according to case
law out of the Federal Sixth Circuit
Court of Appeals, the IDEA "requires
that the [school district] provide the
educational equivalent of a serviceable
Chevrolet to every handicapped student.
[The parent], however, demands that
the...school system provide a Cadillac
solely for [their child's] use...we hold
that the Board is not required to provide
a Cadillac..."
education is free to the parent, the
services offered are appropriate and will
advance the student toward meeting
set goals, the public school directs the
placement and services, and education
is in the least-restrictive environment,
where the student is accommodated
with opportunities to be learning and
interacting with general education
students.
A parent is a child's first advocate.
No one knows their lovable son or
daughter like a parent. But building
a team of knowledgeable and caring
professionals is key to understanding
a special needs child. Sharing this
information with the school district
is imperative in designing the most
appropriate plan for the child. And
where a dispute arises, voicing concerns
and exercising due process rights is
equally as important to continued
educational success, building skills that
will follow the child into adulthood.
2 Ibid.
3 The Science of Early Childhood Development. (2007)
http://www.developingchild.net. (emphasis added)
5 Doe v. Board of Education, 9 F.3d 455, 459-60 (6th Cir.