6 Things to Know About State Special Education Laws That Will Strengthen Your Advocacy!

Are you the parent of a child with Autism or another type of disability who receives special education services? Do you currently have a dispute with your school district regarding your child’s education? Would you like to learn about state special education laws and regulations to use in your defense? This article is for you and will discuss these laws and the information you need to know to empower your defense!

1. Each state is required by IDEA 2004 (federal special education law) to have laws and regulations that show how they will comply with the law.

2. State regulations may not “make provisions that reduce the rights of parents or that are in conflict with the requirements of IDEA and federal regulations.” Federal law “trumps” or is stronger than state law. State law can give a parent more rights, but it cannot take away rights.

3. Many state laws are not consistent with federal laws.

4. Some states have been told that they must change their state regulations to be consistent with federal law. For example: New Jersey stated in its regulations that school districts had the right to evaluate a child in an area in which they had not previously evaluated, if a parent requested a publicly-funded independent educational evaluation (IEE at public expense). The Office of Special Education Programs (OSEP) found this inconsistent with IDEA 2004 (300.502). They have asked NJ to review its regulations and, until it does, ensure that school districts do not test children in an area that has not previously been tested before paying for an IEE.

5. Other states’ regulations are also inconsistent with federal law, but the US DOE has not told them to change their regulations. One example is New York, which has a regulation that ESY eligibility is only for children with multiple disabilities and/or who show regression and slow recovery. This is not consistent with federal special education law and may harm children by denying them the services they need. Another example is in my state of Illinois, the guidance for parents states that parents must “request” an IEE before taking the test. IDEA 2004 states that parents have the right to “get” an IEE if they disagree with the school’s evaluation. A letter to the Illinois State Board of Education noting this inconsistency was responded to with this statement: “The office plans to review the identified guidance document and initiate any necessary revisions during the summer of 2012. Your information will be considered during the course of that process.” We are now in 2014 and I won’t hold my breath for the State of Illinois to revise their guide for parents.

6. OSEP Policy Letters Often Address Inconsistent State Laws and Regulations! They are excellent promotional tools and can be found at: http://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/index.html#topiclisting. I use them all the time to show special educators how the Office of Special Education Programs (in the US DOE) interprets IDEA 2004 and inconsistent state regulations.

By understanding these 6 things about the State’s Special Education Law, your defense will be strengthened! Good luck!