Special Education: A New Language

Special Education: A New Language

When you enter the world of special education, you may feel like people are speaking another language. You'll hear teachers using acronyms like "IEP Team" and "IDEA." We've written this page to help you learn what these terms mean for school age children. This way you can begin to understand and speak the language, too.
IDEA

This stands for the Individual with Disabilities Education Act. This federal law gives more rights for special education students than ever before. Most of the other terms we've described here come from this federal law.

DOE or Department of Education

The Maine Department of Education is the state agency that oversees schools. The DOE makes sure that schools follow IDEA, and it handles requests for mediation, due process hearings and complaints. The Maine DOE writes the Maine Unified Special Education Regulations that govern IDEA. The DOE does not have authority over Section 504 and schools.
IEP Team

Maine used to call the IEP Team a PET or Pupil Evaluation Team. This team of poele is responsible for deciding:

what evaluations a child needs,

if a child qualifies for services under IDEA, and if so under what category of disability,

in cases of disciplinary issues, if there is a manifestation, and

what the IEP will include (the type and level of services and the placement of the child in the least restrictive environment)

Unless the parent agrees in writing to having an IEP Team member excused from an IEP Team Meeting, IEP Team members must include:

The child's parents (who are equal participants)

At least one of the student's regular ed teachers, if the child is or will be in the regular classroom setting

At least one of the child's special ed teachers

A school district representative who is qualified to provide specially designed instruction, knows about the general curriculum and the availability of resources at the school (usually the special ed director)

Someone who can interpret the student's evaluations and how they relate to eductional instruction (can be one of the people listed above)

The student, if appropriate

Anyone the parent or school invites who has special knowledge of the student

The student's community case manager, if there is one, and

Someone from the transition services agency, if the child is 16 or older and the parents or adult child agree to that person being invited

PET

The Pupil Evaluation Team or PET has been renamed and is now the IEP Team.

Childfind

Public school districts must identify, locate and evaluate children with disabilities who need special education and related services. This covers all children who reside in the school district, and the service must be free. It includes children who are:

homeless

highly mobile

migrant

home schooled

in DHHS custody

in private schools

in county jail, or

frequently absent (have 7 consecutive or 10 cumulative unexcused absences in one school year)

If a child is placed in a State correctional facility, like Long Creek Youth Development Center or Mountain View Development Center, the Department of Corrections is responsible for Childfind (not the local school district). A student suspected of having a disability must be referred to the IEP Team.
ED

To qualify under IDEA, a student must have at least one of the 13 types of disabilities defined in the law. They all have a negative impact on a student's educational performance. One of these 13 disabilities is an "emotional disability," or ED. For ED a student must have one of these traits:

Inappropriate behaviors or feelings under normal situations

Pervasive mood of unhappiness or depression

Inability to build and maintain relationships with peers and teachers

Physical symptoms or fear related to school or personal problems

Inability to learn that cannot be explained

OHI

"Other health impairment," or OHI, is another one of the 13 types of disabilities under IDEA. A student with OHI has:

Limited strength, vitality or alertness (including hyper alertness) in school

This problem is caused by chronic or acute health problems (asthma, attention deficit disorder, attention deficit hyperactivity disorder, diabetes, epilepsy, lead poisoning), and

This problem has a negative impact on the student's educational performance.

SLD or LD

Another of the 13 types of disabilities under IDEA, is a "specific learning disability." The child has difficulties with listening, thinking, speaking, reading, writing, spelling or math because of how her brain processes information. The student will not be able to adapt to pre-referral procedures. And there will be large difference between the student's ability and her achievement.

MD or Multiple Disabilities

This is sometimes referred to as MH or Multi-handicapped. It is another of the 13 types of disabilities for school age children. This applies to students who have more than 1 of the 13 disabilities listed under IDEA (for example SLD and ED) and their needs cannot be met in a special ed program that only addresses one of the disabilities. For example, specialized instruction in reading will not address a student�s behavioral needs for an ED.
Triennial or Triennial Evaluation

Once every 3 years, the school must conduct a new comprehensive evaluation in all areas of suspected disability for students identified with disabilities under IDEA.

IEE

This stands for an "independent educational evaluation." If you, as a parent, disagree with the school's evaluation of your child, you have the right to request an IEE. The school can ask a parent why she wants one but cannot require a parent to give an explanation. The school must pay for the IEE or make sure it is free to the parent (by billing MaineCare, for example). The parent chooses the evaluator. The evalluator cannot work for the school district. The evaluator must be located in Maine and must be qualified. A school can request a due process hearing if it disagrees with the need for an IEE.

Pre-Referral Procedures

This is a new process for children who are at risk of failing. The purpose is to determine if the child needs a different type of instruction or intervention, rather than special education services. School staff do this before making a referral for special education. Regular classroom teachers will use different teaching techniques or behavior interventions. They will monitor the child�s progress and collect that data. The teacher will be looking to see if the areas of concern are addressed by the new teaching technique. The technique must be based on scientifically based procedures using "Curriculum Based Measures."

The goal of the pre-referral intervention is to narrow the gap between the student�s grade level goals and the student�s individual performance. A pre-referral team must meet within 30 school days to review the child�s progress. This must be documented. If the child�s performance has not improved, the team should refer the child to the IEP Team, along with all of the documentation from the pre-referral process.

A parent can opt out of the pre-referral process and ask the IEP Team for immediate evaluation for special education eligibility.

Note:Because teachers need training on new scientifically based teaching techniques, pre-referral procedures are not expected to be statewide until 2010.

FAPE

All students who quality under IDEA are entitled to a "free appropriate public education," or FAPE. As a parent, you should not have to pay anything for your child's education. This includes the cost of supportive services, such as transportation, counseling, and speech therapy. Also, your child's program must be "reasonably calculated" to lead to your child's advancement in the general curriculum. Appropriate does not mean "best." If your child:

has passing grades,
behaves appropriately,
is meeting developmental milestones, and
gets along with peers and teachers,

then the program is appropriate.

LRE
IDEA says that the student must be placed in the "least restrictive environment," The LRE is a place that:

allows the most interaction between the student and her nondisabled peers, and

is located closest to your home

Here is a list of placements, starting with the least restrictive, going to the most restrictive:

Regular classroom with pullout services less than 21% of time

Resource room (21-60% of day)

Self-contained classroom for more than 60% of day

Public separate day school (more than 50% of school day is outside of the regular school setting)

Private separate day school (more than 50% of school day is outside of the regular school setting)

Public residential placement (more than 50% of school day is outside of the regular school setting)

Private residential placement (more than 50% of school day is outside of the regular school setting)

Hospital and/or home instruction

IEP

This is short for "individualized education plan." Every student who qualifies for special education services under IDEA must have an IEP. The IEP team develops the IEP; it must be in writing. The IEP must state:

The student's current level of performance

Measurable annual goals and short term objectives for meeting those goals, including how those goals will be measured. The goals should meet the Maine Learning Results standards.

How the school will notify the parent of the student's progress with his IEP

The educational and supportive services that will be provided, including the start date, location, duration, amount and staff who will provide each service. This includes positive behavioral interventions for students whose behavior interferes with their learning.

Why the student cannot be in the regular ed class (if he cannot be)

Any special ed transportation

If the child is 14, postsecondary goals

IEPs must be in effect at the beginning of the school year and must be updated annually. The school cannot change the placement or services in an IEP without first having an IEP Team meeting or getting a parent's informed written consent to a change.

Transition Plan

The IEP must include "transition services." These services help the student plan for life after he is no longer in school - training, college, employment, community involvement, independent living, etc. When a child turns 14, the IEP must address the student's course selection, with transition in mind. For example, will the student be moving into vocational courses or college prep courses? ? The IEP must include a transition plan at the start of the school year when the student will turn 16 years old. This plan can include other services, such as life skills and job training. Agencies outside of the school may provide these services. Those agencies should be named in the plan.

ESY

"Extended school year" services are provided to your child during the summer. ESY services are appropriate when it is likely that your child will lose skills during long breaks from school. The ESY plan must be based on your child's needs and not the program that happens to be available at the school district.

Manifestation Determination

A child with a disability under IDEA can be removed from school for 10 days in a school year. After 10 days, there is a change in placement. At that point, the IEP Team must meet. At this meeting, the IEP Team will decide:

if your child's behavior is substanitally and directly related to your child's disability and

if the school failed to implement your child's IEP and its failure to do so caused your child's inappropriate behavior.

If the behavior and disability are related or if the IEP was not followed and your child acted out because of that, your child cannot be disciplined. This means that she cannot be suspended or recommended for expulsion. Learn more.

FBA or Functional Behavior Assesment

When the IEP Team meets for its manifestation determination, it should do a "functional behavioral assessment." The purpose of a FBA is to figure out why a student is behaving in ways the school doesn't like. The IEP Team should discuss triggers that usually bring about the problem behaviors and what the student gets out of the behaviors (such as, more attention). Then the IEP Team can develop effective plans - such as positive behavioral strategies - to help the student avoid the problem behaviors. A parent�s input should be considered in the FBA.

IAES

An "interim alternative educational setting," or IAES, is a temporary placement that the school can set up for a maximum of 45 school days. Schools may use this to discipline a student with disabilities who brings a weapon or illegal drugs to school. The school can also place a student in an IAES if it proves at a due process hearing that she poses a danger to herself or others.

Complaint

If you believe the school has violated your rights under IDEA, you can file a complaint with the Maine Department of Education (DOE). The DOE has 60 days to investigate the complaint. If it finds violations, it will order a corrective action plan. If the DOE does not find any violations, and you disagree, you can appeal to a due process hearing.

Mediation

You and the school can always choose to meet with a mediator to see if you can reach an agreement. The Department of Education (DOE) offers this option when you file a complaint or ask for a due process hearing. Or you can ask the DOE to provide mediation instead of making a formal complaint. Everything you say at mediation is confidential. If you and the school reach an agreement, that agreement will be written down and become part of your child's IEP. If you do not have a lawyer at the mediation, the school cannot have a lawyer there either.

Pre-hearing Conference

When you ask for a due process hearing, the DOE hearing officer will hold a pre-hearing conference with you and the school. The purpose of the conference is to identify and limit the issues and exchange exhibit and witness lists.

Due Process

At any time, parents have a right to request a "due process hearing" if they disagree:

with the PET's determination of their child's eligibility,

their child's IEP, or

with the manifestation determination made by the PET.

The school may request a due process hearing if:

they want to place a student in an IAES because of danger the student poses, or

they deny a parent's request for an IEE.

To file a "due process" request, get a "dispute resolution request form" from the Department of Education (DOE), fill it out, and mail it back to them. The DOE will hold a hearing within 30 calendar days of the request. The hearing officer must make a decision within 15 days of the day the hearing ends.

Stay Put

The "stay put" rule applies when a due process hearing is requested. This means the student stays in his or her current educational placement while the appeal is pending. "Stay put" does not apply if both the parent and the school agree to a different interim placement.

Compensatory Education

This is a remedy for students whose rights have been violated under IDEA. You can ask the hearing officer to order the school to give extra services to your child, to make up for services she should have received but did not. For example, extra tutoring or summer school.

Section 504

This refers to the first federal law that gave students with disabilities a right to a FAPE. It is part of the Rehabilitation Act of 1973. It applies only to schools that get some kind of federal funding, such as school lunch program or Chapter I money. The definitions of disability are broader than under IDEA. But procedural rights under Section 504 are not as strong as in the IDEA. If the student is classified under Section 504, the school must implement a 504 plan. The plan must give the student a FAPE, but the plan does not have to be in writing. If a school violates Section 504, parents can complain to the regional Office of Civil Rights.

FERPA

The Family Educational Rights and Privacy Act is another federal law. It ensures that a child's school records are kept private. It also gives parents the right to see and amend their child's school records. This applies to all students, not just special education students. If the school violates your child's privacy rights, you can file a complaint.

Last update: November 2007