It is crucial as GAL to address if the child is a special education child
under federal and state law. Many protections are provided to children with
disabilities when it comes to their educational programming. There are two
federal special education laws: the Individuals with Disabilities in Education
Act (IDEA) and Section 504. Both laws protect the child and his/her parent.
Special education is a complex area of law. The fundamental principle behind
special education laws is that children with disabilities are entitled to
a free appropriate public education (FAPE) in the least restrictive environment
(LRE). The LRE means that a child is educated with non-disabled peers to the
maximum extent appropriate at an educational site that is closest to the child’s
home. Identification of special education students under the Individuals with
Disabilities in Education Act (IDEA) occurs at a Pupil Evaluation Team (PET)
Meeting. Parents are equal participants with school personnel at a PET Meeting.
You, as GAL, can also attend and be an equal participant at PET meeting. If
a child is identified, the PET will determine what the child’s individualized
education plan (IEP) is. The IEP should address all issues related to the
child’s disability, including modification to the classroom or academic
work, specialized instruction, positive behavioral programs, related services
such as counseling, speech, physical therapy, parent training, teacher training.
Regulations are found at Maine
DOE Regulations, Chapter 101 (Word document)
20-A
MRSA 7201 et seq
IDEA: 20 USC 1400
et. seq.; 34
CFR Part 300
Section 504: 29
USCA 794; 34
CFR Part 104
A list of all the Maine Special Education
Administrators (sortable by name or by school) is available on the MADSEC website
(Maine Administrators of Services for Children with Disabilities).
It is important to know that pre-school children are also eligible for educational
services under IDEA. Pre-school children are identified and serviced by the
Child Development Services (CDS) agency. Instead of an IEP, an individualized
family service plan (IFSP) is developed that includes services to the child’s
family. Once school age, the child will transition to the school and an IEP
will be developed.
Regulations are found at Maine
DOE Regulations, Chapter 180 (Word document)
20-A
MRSA 7724 et seq
No child is too disabled to be educated. See Timothy
W. v. Rochester School District, 875 F.2d 954 (1st Cir. 1989). This case
established a “Zero Reject Rule”, meaning all children are eligible
even if he/she is considered uneducable (ie, in a coma).
Parents are equal participants in determining with the school whether their
child has a disability and what programming/services are needed to assist
that child is receiving an appropriate education. It is very important that
parents remain involved in these decisions with the school. If parents are
unable to effectively work together and communicate with one another regarding
their children, serious thought should be given to allocated parental rights
and responsibilities for educational (and possibly medical) matters regarding
a disabled child. Otherwise, disagreeing parents can give the school and medical
providers mixed signals, resulting in the child not receiving necessary services.
As GAL, you can participate in the PET process or recommend the parents pursue
a course of action. If you feel a student has not been identified or properly
identified, you can refer that student in writing to the special education
director and request an evaluation. A PET must be convened within 15 days
of your referral, and the school must seek informed consent from the parent
to conduct the necessary evaluations. Evaluations must be completed and reviewed
by the PET within 45 school days. Decisions at the PET are made by consensus.
For children with emotional disabilities/behavioral impairments, identification
and appropriate programming is especially important. Special protections are
put in place when it comes to disciplinary measure involving removal from
school for more than 10 consecutive or cumulative school days. In addition,
a behavior plan emphasizing positive interventions must be in place, and supportive
services if needed (i.e., counseling) must be provided.
Parents may feel overwhelmed by the special education process and/or having
a special needs child. The following agencies or support groups might be helpful:
Other helpful sites:
The Maine Parent Federation has seventeen
Fact Sheets about various aspects
of Special Education:
Early Intervention In Maine
Getting Your Child Ready For Testing
Understanding Test Results
Does My Child Need Special Education?
Preschool to Public School:Preparing for the Transition
Preparing For Your Child's Individual Evaluation
Preparing for Your Child's Pupil Evaluation Team (PET) Meeting
The Individualized Education Program (IEP)
Special Education Checklist
504/IDEA - Laws That Work For Students
The Parent As Advocate
Your Rights as a Parent
Special Education Mediation
Understanding Functional Behavior Assessments
Behavioral Intervention Plans
What is Supported Employment?
A Guide to the Individualized Education Program
These are all available on line, or can be ordered through the MPF website.
