The United States implemented the Individuals with Disabilities Education Act (IDEA) in 1975 to safeguard the educational rights of students with disabilities. A key principle of the IDEA is ensuring that all students, from kindergarten to twelfth grade, are entitled to a free appropriate public education – or FAPE. Furthermore, the act emphasizes that children with disabilities are legally entitled to services and accommodations, not only to facilitate academic success but also to promote their personal and social well-being.
Alaska is one of the largest states in the United States, however, it has one of the smallest populations. Despite this, it is heavily invested in the education of its students. As such, it adopted the IDEA legislation to help ensure all its students achieve their academic goals. In fact, there are nearly 20,000 students enrolled in special education services in the state. Which is about 15% of the total student population.
Unfortunately, like all states, there will be some school districts that refuse to enroll a student with a disability into special education services or fail to provide them with reasonable and appropriate accommodations. When this happens, it is up to the parent to push back and try and get their child the services and accommodations they need to succeed.
Luckily, every family has the right to have a qualified and knowledgeable attorney by their side through these proceedings. The Lento Law Firm Education Law Team will help you understand your child's rights and prepare you to defend them. Call (888) 535-3686 today for help or schedule a consultation online.
What is Special Education?
Special education is a system of tailored instructional programs, services, and accommodations that are designed to work in tandem to meet the unique needs of a student with disabilities. Because of this, every student's “special education” will be different. The goal is to provide children with disabilities an education that is as close as possible to the one their non-disabled peers are receiving.
Students who are eligible for special education have a wide range of disabilities, including social, mental, emotional, or physical differences or disabilities.
Relevant Laws
Under the IDEA, public school districts need to create policies and procedures that certify that their students with disabilities will get special education services. These policies and procedures will also outline the steps the district needs to take to create an Individualized Education Plan (IEP) for the student.
IEPs are meant to explain the specific disability the student has, the issues it's causing them in school, what their goals are for the school year, and the services and accommodations the school will give the student to help them achieve those goals. As the student goes from elementary to middle, middle to high school, and then college, the IEPs will begin to include transition plans. Transition plans explain the services and accommodations the child will need to move from one school or phase of life to the next. For instance, when the student is in high school, their IEP will include services that will help them gain employment, live independently, and/or enter college once they graduate.
Other laws that come into play in special education are the Americans with Disabilities Act (ADA), which pertains to all U.S. citizens, not just students, and Section 504 of the Rehabilitation Act of 1973, which furnishes students with disabilities the right to equal access to all parts of their school day.
It should be noted that Section 504 is different from an IEP as it is more informal. To get an IEP, not only does the child need to be evaluated, but the actual IEP statements must be assessed, recorded, witnessed, and signed. A Section 504 plan, however, does not. The student's IEPs gives them a legal right to specific services and accommodations, but their 504 plan ensures their environment can be adjusted.
The best way to understand the laws and regulations that are at your disposal is to work with a special education attorney. Special education attorneys appreciate the pressures your family is facing and will work diligently to negotiate with the school districts on your behalf, alleviating that pressure immensely.
Common Terms
To enter, or keep, your child in special education, you will have to complete pages and pages of paperwork and participate in several interviews, conferences, and proceedings. Additionally, many districts will use acronyms or certain terms to explain your child's rights but never actually explain the terms to you. As such, we've listed below the most common terms used in these proceedings and their definitions.
- Free appropriate public education (FAPE): As we explained above, all students have the right to a free public education that is appropriate for their specific needs. This means that students with disabilities have a legal right to an education that is tailored to their needs and that is provided by the state and district at no cost.
- Least restrictive environment (LRE): Students with disabilities have the right to receive their education in the same settings as their non-disabled classmates whenever possible. In some cases, a student with a disability will have an easier time achieving their IEP goals in a different environment – like a special education school, an alternative education placement, or even just a smaller classroom next door to their regular one for a specific subject. For example, a student with ADHD or Autism may have an easier time learning how to read 1:1 with a reading specialist in a quiet classroom during their class's normal reading period. The LRE chosen is supposed to be in the best interest of the child.
- Reasonable accommodations: When a student receives special education services and accommodations, they are supposed to help level the playing field between peers. As such, they should not overly burden the school or someone in the school's community, while still being effective. For example, if a student who has a hearing impairment can achieve their academic and social goals by sitting closer to the teacher while they are instructing, the school may not be too keen on providing the student with an interpreter. It will be up to the parent, and their counsel, to show the school why having an interpreter is a reasonable accommodation for the child.
Who Qualifies for Special Education in Alaska?
To qualify for special education in Alaska, children must:
- be between the ages of 3 and 21,
- have a qualifying disability, and either
- have their educational performance negatively impacted, and/or
- require specially designed instruction and services.
Qualifying disabilities include:
- Traumatic brain injuries
- Orthopedic impairments
- Health impairments, developmental delays, or specific learning disabilities
- Visual impairments, including blindness
- Hearing impairments, including deafness
- Speech or language impairments
- Serious emotional disturbance
- Autism
- ADD/ADHD
- Intellectual disabilities
Furthermore, students who struggle with one or more of the following issues may also be entitled to special education services through their public school.
- Learning new things slower than other children their age.
- Limited speaking ability and cannot explain their needs or wants.
- Hostile or cruel to other children or animals.
- Cannot hear voices at a normal level, whether in person or on the phone, radio, or television.
- Easily upset, extremely fearful, or very tense.
- Daydreams excessively.
- Uncoordinated and awkward when running, jumping, or skipping.
- Is unable to play well with other children.
- Squints to see objects.
- Seeks a lot of attention from their parents.
- Doesn't know their colors.
- Frequently lose their temper.
If you or your child's teacher recognize that they may require additional services to succeed in school, it is important to initiate an IEP evaluation. Once the evaluation is complete, the IEP team, which consists of your child's teachers, the third-party evaluator, a school counselor, and/or a representative of the school district, will determine what services and accommodations can be provided to your child. These services and accommodations will be memorialized in their IEP. IEPs should be reevaluated every year to ensure they still meet the student's needs. However, you can request an IEP reevaluation meeting as often as you'd like.
Also, infants and toddlers under the age of three may be eligible for special education services under Alaska's Early Intervention/Infant Learning Program (EI/ILP). To determine if your infant or toddler is eligible for services, the EI/ILP will conduct a developmental screening and evaluation. If they determine the child qualifies for services, they will create an Individualized Family Services Plan (IFSP) to describe the goals and services the family wants for their child.
While Alaska has these policies and procedures in place, many parents find that their school district is unwilling to provide their students with the services, citing high costs or lack of availability. It is important to hold these school districts accountable. Lento Law Firm will contact the district on your behalf and advocate for your child. If the school district continues to drop the ball, they will help you build a civil case against them, which should force the school to comply.
What is Child Find?
Alaska has adopted the federal Child Find law, which requires governmental agencies to make every effort to find, identify, and assess children between three and 21 who may benefit from special education services. Additionally, if a parent, guardian, or teacher has a concern about a child, they can refer them to Child Find for evaluation. However, the department will have to get permission from the parent before evaluating them.
Local education agencies (LEAs) – i.e., the school districts – are tasked with overseeing and carrying out Child Find in their district. After the LEA identifies a child who may need special education services, they will meet with the child's parents or guardian, teachers, principal, and other school officials to discuss the child's case and decide if they should be evaluated.
When the team decides a child does not require special education, but the parents disagree, they can appeal the decision. To ensure your appeal is filed correctly, an attorney will review the state's requirements and gather evidence and testimony to support your claim.
Appeals can be an overwhelming part of the special education process, especially given the responsibilities families have outside of the school. Having an attorney to shoulder this stress for you, can greatly improve your chances of getting your child the services and accommodations they need to succeed.
Types of Services Offered to Qualifying Students with Disabilities in Alaska
There are several services your child may qualify for in Alaska, including:
- State services that will help a child improve their chances of meeting their annual goals. Examples of such services are physical, occupational, and speech therapies, transportation services, interpreter services, and parent counseling or training.
- Specialized programs, like the Alaska School for Deaf and Hard of Hearing Program, specialized instruction for blind and visually impaired students, and life skills classrooms.
The Lento Law Firm Education Law Team knows how vital it is for your child to receive the services and accommodations they need to succeed, both academically and socially.
The Right to Special Education
In Alaska, every child, regardless of whether they have a disability or not, has the right to a free appropriate public education. When your child's school district fails to evaluate your child or to follow through on the agreed-upon services and accommodations your child needs to actually receive a FAPE, you must hold them accountable.
Advocating for your child's academic and social success is one of the most important things you can do for them as a parent. Without services and accommodations, it will be difficult for your child to not only receive an adequate education, but it will also be hard for them to connect with their peers in any meaningful way.
Lento Law Firm will reach out to the school district on your child's behalf and begin negotiating to have the required services and accommodations executed. Don't let your child fall behind, let Lento Law Firm help. Call us today at (888) 555-3686 or schedule a consultation online.
