Lawyers fight for children’s rights
The following is the last in a three-part series looking at how school districts in Fayette, Greene and Washington counties are dealing with revisions of a law that requires special education students be taught in a regular classroom. Pete Wright’s elementary school teachers described him as social, self-reliant and eager to learn, but, at the same time, documented he was disobedient, immature and a waste of time.
And, Wright, a special education attorney from Richmond, Va., said he is still trying to figure out what his kindergarten teacher meant when she wrote he was “fussy with his fists” on his report card.
After being diagnosed with dyslexia, dysgraphia and attention deficit disorder around 8 years of age, Wright’s parents took immediate action to address his needs and found him a private tutor who literally changed his life over the next two years.
“I never had another problem with reading, writing and math since,” said Wright.
Just like the Wrights, parents of children with disabilities always are searching for the proper services that will produce positive results for their son or daughter, entitling them to a Free Appropriate Public Education (FAPE) under state law.
With FAPE, a child’s rights as well as those of their parents are legally protected under the Individuals with Disabilities Education Act (IDEA).
The purpose of the law, which was enacted in 2004, is to “ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living and to ensure that the rights of children with disabilities and parents of such children are protected.”
“This is the mission statement of the law,” said Wright.
Parents also need to know the law gives them power to make educational decisions for their child.
However, Wright suggested parents proceed with caution and never use the word “best” when requesting special education services for their child.
Otherwise, said Wright, the school usually converts to using a “one-size-fits-all program” for the child and not one that is appropriate and tailored to meet their unique needs under the law.
According to the law, a child with a disability is eligible for special education services at no cost to the parents if it is determined the disability adversely impacts their educational performance.
This applies to all children with disabilities residing in the state between the ages of 3 and 21, including children with disabilities who have been suspended or expelled from school.
When it comes to any child, Wright said parents are the experts, but school districts often shutter and tend to close doors when told what services or programs may work best for their child.
As the first step to keep doors open for communication between parents and school officials, Wright and his wife, Pamela Darr Wright, a psychotherapist, strongly advise parents to obtain an evaluation of their child within the private sector followed by getting test data from school evaluations.
Once parents obtain the information, Pete Wright said test results can provide clear evidence whether the child needs additional educational services.
The evaluation determines the child’s educational and placement needs as well as any weaknesses, which all should be addressed in the child’s Individualized Education Plan (IEP), a document describing the special education and related services specifically designed to meet unique educational needs of a student with a disability.
An IEP is developed by the parents and school officials, and contains the annual short-term objectives based on the student’s present level of educational performance required to place them in a proper setting along with a timeframe of the services to be rendered.
Under the No Child Left Behind Act, school districts are required to use “effective research-based reading remediation programs so all children are reading at their grade level by the end of third grade.”
Wright suggested the evaluator attend the child’s IEP meeting to explain to school officials what program they determined would benefit the child while letting them know at the same time it needs to be taught by a teacher who is trained in that particular method.
“This can really help in providing what the child needs,” said Wright.
However, if the school continues with a one-size-fits-all program after the evaluation, Wright said they must provide parents with written notice as to why it was rejected.
According to Pamela Wright, the parents must always keep in mind that their best interests are to solve the problem and protect their relationship with the school district.
“All kids learn differently. That’s why you need an evaluator,” added Wright.