Too often, children with disabilities are subjected to restraint and seclusion in schools, and there is too little regulation in this area to adequately protect children. Each of us, as advocates, parents, teachers, and citizens should be keeping a watchful eye out to ensure that all children are safe in their school environments. Attorney Rebecca […]
Special Education
Special Education and COVID-19
Federal and state civil rights laws, which require schools to offer a free appropriate public education (FAPE) to children with disabilities, remain in effect regardless of the pandemic.
Parents who have concerns about a child’s access to special education services can contact us to speak with an attorney free of charge.
Know Your Rights
Right to a Free Appropriate Public Education
A federal law called the Individuals with Disabilities Education Act (IDEA) and New Hampshire law require school districts to provide special education and related services for children with certain types of disabilities who, due to their disability, need specialized instruction and related services to receive an appropriate education. Under these laws, school districts must make a free appropriate public education (FAPE) in the least restrictive environment (LRE) available to eligible children until they are awarded a regular high school diploma or turn twenty-one, whichever comes first. Children who are eligible under IDEA receive specialized instruction and related services that are outlined in an Individualized Education Program (IEP). The IEP is developed by the student’s IEP Team. Parents are critically important members of the IEP team, as are youth with disabilities. It is very important to make sure children and youth with disabilities are getting the services from school districts they are legally entitled to receive. Below are links to informational brochures and resources related to special education.
Issue Spotlight: Special Ed & Parental Consent
Throughout the special education process, there are times when the school district must ask for your consent in writing. The school needs to give you a paper called a Written Prior Notice any time they want to make a change to your child’s IEP or placement, or if they refuse to make a change to the IEP or placement. It is also required when determining your child’s eligibility for special education and when the school wants to evaluate your child.
A Written Prior Notice explains the decision made by the school and why they came to that decision. There is a separate paper that gives you the chance to sign as agreeing or disagreeing with the proposal being made by the school in the Written Prior Notice. You have 14 days to make a decision on the proposal. If you sign as agreeing, you are giving the school parental consent to move forward with what they have proposed. If you sign as not agreeing, the school does not have parental consent to make the change and will not be able to start the proposed action.
More importantly, if you do not sign the document at all within the 14 days, the school gets to move forward with what they have proposed as if you provided consent.
In other words, not signing at all is treated as if you have agreed to the proposal.
There are a few limited exceptions to this rule. If the proposal is for the initial IEP for your child, then the school cannot provide special education services to your child unless they have your express written consent. Therefore, in that situation, not signing the document means that your child will not have an IEP. Additionally, a school cannot evaluate your child without your express written consent. If you do not sign the consent forms for an evaluation, then the school cannot move forward with the evaluation.
Related Videos
Special Education and Discipline, Part II
This is the second of a six-part series exploring special education and discipline in our public schools. Our topic is Positive Behavioral Interventions and Supports (PBIS), and our guest is Howard Muscott, Director, NH Center for Effective Behavioral Interventions and Supports. Learn about PBIS, and hear from students and staff at Somersworth High School, where […]
Special Education and Discipline, Part III
This is the third of a six-part series exploring special education and discipline in our public schools. Our topic continues with Positive Behavioral Interventions and Supports (PBIS), and our guests are Howard Muscott, Director, NH Center for Effective Behavioral Interventions and Supports, and Maria Agorastou, PBIS Facilitator, NH Institute on Disability. Learn about PBIS, and […]
Special Education and Discipline, Part IV
This is the fourth of a six part series exploring special education and discipline in our public schools. Our guest is Ronald Lospennato, Director, School-to-Prison Reform Project of the Southern Poverty Law Center. He and host Cindy Robertson discuss the project and how it relates to children with emotional and behavioral difficulties, and why the […]
Special Education and Discipline, Part V
Ron Lospennato is our guest in a continuation of the discussion about the School to Prison Reform Project of the Southern Poverty Law Center, and about the failure of the No Child Left Behind policy.
Special Education and Discipline, Part VI
Malcolm Smith, Ph.D., Family Life and Family Policy Specialist at the UNH Cooperative Extension Programs, discusses bullying.
Special Education and Discipline, Part VII
DRC Attorney Rebecca Whitley and host Cindy Robertson review past shows on discipline to wrap up the series, and discuss pending state and federal legislation to protect students from abusive restraint and seclusion in the classroom.
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[resource] => RAP Sheet (Fall 2012): Inclusive Education
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[resource] => DRC-NH Special Education Series: My Child is Struggling in School. What can I do?
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[resource] => DRC-NH Special Education Series: Signs an Adolescent may have an educational disability
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[resource] => DRC-NH Special Education Series: Special Education and Assistive Technology (AT)
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[resource] => DRC-NH Special Education Series: Transition Planning for Adult Life
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[resource] => DRC-NH Special Education Series: Filing a Complaint with the NH Department of Education
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[resource] => DRC-NH Special Education Series: Individualized Education Programs (IEPs) and 504 Plans: What’s the difference?
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[resource] => DRC-NH Know Your Rights: Special Education & Parental Consent
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[resource] =>
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[resource] => Southeastern Regional Education Service Center (SERESC)
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[resource] => Council for Exceptional Children
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[resource] => National Center for Learning Disabilities
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[13] => Array
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[resource] => PACER Center – Champions for Children with Disabilities
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[14] => Array
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[resource] => New Hampshire Center for Effective Behavioral Interventions and Supports
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[resource] => OSEP Center on Positive Behavioral Interventions and Supports
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[resource] => Documentary Film by Dan Habib: Including Samuel
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[resource] => Documentary Film by Dan Habib: Who Cares About Kelsey?
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[resource] => Documentary Film by Dan Habib: Intelligent Lives
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Information and Resources
DRC-NH Special Education Series: My Child is Struggling in School. What can I do?
DRC-NH Special Education Series: Signs an Adolescent may have an educational disability
DRC-NH Special Education Series: Special Education and Assistive Technology (AT)
DRC-NH Special Education Series: Transition Planning for Adult Life
DRC-NH Special Education Series: Filing a Complaint with the NH Department of Education
DRC-NH Special Education Series: Individualized Education Programs (IEPs) and 504 Plans: What’s the difference?
Documentary Film by Dan Habib: Including Samuel
Documentary Film by Dan Habib: Who Cares About Kelsey?
Documentary Film by Dan Habib: Intelligent Lives
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[resource] => U.S. Department of Education – Individuals with Disabilities Education Act (IDEA) and Regulations
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[resource] => Section 504 rules (scroll down to section D)
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[resource] => The Council of Parent Attorneys and Advocates
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[resource] => Wrightslaw- Special Education Law and Advocacy
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[resource] => NH Dept. of Education list of attorneys who take special education cases
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Resources and Information
Legal
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[resource] => DRC-NH Special Education Series: Transition Planning for Adult Life
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[resource] =>
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[resource] => Clearinghouse on postsecondary education for individuals with disabilities: The Heath Resource Center, an online
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[resource] => National Center on Secondary Education and Transition
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[resource] => National Deaf Center on Postsecondary Outcomes
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[resource] => National Service Inclusion Project
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[resource] => University of Washington: College Funding for Students with Disabilities
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[resource] => Vocational Rehabilitation Services
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[resource] => Interactive site to plan for life after high school Youthhood.org
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Information and Resources
Transition and Postsecondary Education
DRC-NH Special Education Series: Transition Planning for Adult Life
Clearinghouse on postsecondary education for individuals with disabilities: The Heath Resource Center, an online
University of Washington: College Funding for Students with Disabilities
Interactive site to plan for life after high school Youthhood.org
If You Need Help
Contact Us
Contact us if your think your rights have been violated or if you wish to speak with an attorney about a disability-related legal issue.