Special Education In Pennsylvania True/False

The federal law The Individuals with Disabilities Education Act protects this right for students with disabilities who need special education to access the general curriculum

The only concern is that the same IQ test may only be given once a year. But academic tests, psychological tests or Functional Behavioral Assessments may given at any time.

The law leans toward favoring LRE. To find out more about a PA law suit against the PA Dept. of Education called the Gaskin Settlement. Go to pattan.net to read more. PA is currently in a five year phase to increase LRE in the state.

If the local school district cannot provide the services that a student needs, then, the student may attend an approved private school at public expense.

Parents are an equal partner in the IEP process. All school staff together only have one vote, and the parents have the other vote when making decisions.

You have the right to say “NO and that you disagree” at any time to results of evaluations, where your child is placed, what goals your child is working on, and what type of supports and services your child receives… etc.

If the parent disagrees, they may use protections that are set in the law such as facilitated IEPs, mediation and due process hearings.

Special education students can be suspended, but they cannot be expelled from school because they are protected by the Individuals with Disabilities Education Act (IDEA). This federal law ensures that students with disabilities receive appropriate educational services and supports. Expulsion, which involves permanently removing a student from school, is considered a more severe disciplinary action than suspension. Special education students have certain rights and protections under IDEA, including the right to a free and appropriate public education, and expulsion would infringe upon these rights. However, they can still face consequences for their behavior through suspensions, which are temporary removals from school for a specified period of time.

Students with disabilities who receive special education may be disciplined like other students if the behavior is not a result of the disability. If the student possesses a weapon, sells or buys drugs or causes serious physical harm, they may be suspended or expelled or placed in another program without consent of the parent.

Parents may have an Independent evaluation done at their own cost. Sometimes schools will pay for an Independent evaluation, but the evaluator should be a licensed school psychologist and of similar costs of the local area.

If the school disagrees that the student needs an evaluation they may refuse. However, the school must give the parent a NOREP explaining why they refuse to conduct the evaluation and the procedure safeguards.

In order to receive special education services a student must meet a two part test. First, the student must have a disability. Secondly, because of their disability they require specially designed instruction such as modifications to curriculum or delivery of instructions or other changes to the regular curriculum.

Students who have a disability who do not need alterations to the curriculum are still protected under the 504 regulations of the Rehabilitation Act and the Americans with Disabilities Act. For example, a student who uses a wheel chair may simply need the school facilities to be wheel chair accessible.