Special Education in Plain Language, A User Friendly Handbook on Special Education Laws, Policies and Practices in Wisconsin

[Permission to copy is given for this document. WDPI.]

Special Education Rights for Parents and Children

Dear Parent:

This brochure talks about important special education rights you have as a parent. The rights protect you and your child. We must tell you about all these rights even though some things may not relate to your child at this time. If you have any questions about your rights, call your child's school. A name and phone number are on the letter that came with this brochure.

You are a part of the individualized education program (IEP) team that makes decisions about your child. School staff will work with you to make decisions that are best for your child. We want to work together to meet the needs of your child. Whenever you have a concern, be sure to talk to your school staff.

Sincerely,

Nissan B. Bar-Lev, Director of Special Education, CESA 7
920-849-9384

 

1. List of Terms

Special education uses these words:

    Child with a disability is a child who is eligible for special education.

    DPI is the Department of Public Instruction.

    Day means calendar day.

    Business day means Monday through Friday, except for state and federal holidays.

    Due Process Hearing is a hearing to decide special education disputes between a school and a parent.

    FAPE is a free appropriate public education.

    IEP is an individualized education program. It is a written plan for a child with a disability. The IEP includes the child’s services and the child’s special education goals.

    IEP team is a team of school staff, the parents, and others. The team evaluates the child, decides the child’s special education eligibility, and develops an IEP and placement.

    School or public school means the local educational agency responsible for making sure your child has FAPE. A school includes the Department of Corrections or the Department of Health and Family Services if the child is in one of their facilities.

2. Prior Written Notice

The school must tell you about decisions about your child's special education. They must tell you in writing a reasonable time before they carry out the decision. They must tell you in your language or other way you communicate, unless it is not possible. If it is not possible to write your language, they must tell you orally or in the way you communicate. They must be sure you understand the notice. They must keep a record that they did all of this.

The decisions can be about something the school plans to do. The decisions can be about something the school is refusing to do. The school must tell you before starting or changing your child's identification as a child with a disability. The school must tell you before starting or changing something about your child's evaluation for a disability. They must tell you before starting or changing your child's placement.

The school must tell you before starting or changing your child's FAPE. The school must tell you why they plan to do something or refuse to do something. They must tell you about other actions they considered and why they did not choose those. The school must describe each evaluation procedure, test, record, or report they used to make the decision. They must describe any other reason for the decision. They must tell you that you have protection under the procedural safeguards (rights) of special education law. The school must tell you the qualifications of the people who will evaluate your child and their names, if known.

Parents are equal participants at IEP team meetings. The school must tell you at the beginning of any IEP team meeting that they will give you more time if you need more time to make decisions about your child. The IEP team may make all its decisions in one meeting. The IEP team may need more than one meeting to make decisions about your child. The school must let you know at the beginning of any IEP team meeting that you can have a copy of your child's evaluation report. They must let you now that you can have the report before the IEP team plans the IEP or decides your child's placement.

The school must give you this statement of your special education rights:

  • when your child is first referred for evaluation,
  • when they invite you to a meeting to develop or review your child’s IEP, and
  • when they reevaluate your child.

At other times when the school tells you in writing about its decisions, they must tell you to get a copy of your special education rights. The school must tell you where you can get help understanding special education laws. DPI must give you this statement of your special education rights when you request a due process hearing.

When your child reaches the age of 18, you will continue to receive required notices. Your child also will receive required notices. When your child reaches 18 years of age, the rights under special education law transfer to your child, unless a court decides your child is not competent.

3. Parental Consent

The school needs your written agreement before it can do certain things. Your written agreement is your consent. They must have your consent before testing your child to see whether he/she needs special education. The school may not treat your consent for testing as consent for placing your child in special education. If you do not consent, the school may still think your child needs special education. The school may ask DPI for mediation about the testing. The school may ask for a due process hearing to test your child without your consent. The school must have your consent before giving your child special education for the first time. If you do not consent, your child will not receive special education. The school may ask DPI for mediation about your refusing special education. The school may not request a due process hearing to have your child receive special education without your consent.

They must have your consent before testing your child as part of a reevaluation. If you do not answer the school when they ask for consent during reevaluation, the school may give the tests without your consent. If they give tests without your consent, they must have records of trying to get your consent. The records might be letters and your responses. They might be records of telephone calls or visits to your home or workplace and the results of those calls or visits. The school does not need your consent to review existing data for the first evaluation or a reevaluation. The school does not need your consent to give a test they give to all children, unless the school requires consent for all children. The school cannot use your refusal to consent to initial testing, placement, or testing during reevaluation to deny you or your child any service, benefit or activity not requiring consent.

You may take back your consent. If you take back your consent, it does not cancel an action the school has taken already. If you take back your consent before the school gives your child any tests, the school will not test your child. If you take back your consent after the school gave some tests, the school will not give your child any more tests. If you take back your consent before the school begins your child's special education, the school will not begin it. If the school begins your child's special education with your consent, the school can continue the special education even if you take back your consent.

Before you consent, the school must tell you everything about the action it plans to take. The consent must describe the action. They must tell you in your own language or other way you communicate. The school must be sure you understand. They must tell you that they cannot make you consent. Also they must tell you that you may take back your consent. The school's consent form must list the records, if any, that the school will release. The school must list who will receive the records.

4. Independent Educational Evaluation

An independent educational evaluation (IEE) is an evaluation by a qualified person. The person cannot work for the school. When you ask about an IEE, the school must give you information about where to get one. They must give you their IEE rules. The school can have rules about an IEE. The rules must be the same as the rules for its own evaluations. The rules can include the qualifications and the location of the examiner. But these rules cannot deny you an IEE.

If you disagree with the IEP team's evaluation, the school may have to pay for an IEE. If you ask the school to pay for an IEE, the school must either pay or start a due process hearing without unnecessary delay. The school may ask why you disagree with their evaluation. However, the school cannot unreasonably delay or deny the IEE by making you explain. The school does not have to pay if it can show at the hearing that the IEP team's evaluation is appropriate. They do not have to pay if they show the IEE does not meet the school's IEE rules. If the hearing decision is that the school's evaluation is appropriate, you still can have an IEE. However, the school does not have to pay for it.

You always have the right to get an IEE at your expense. If you pay for an IEE that meets the school's IEE rules, the school must consider it. The school must consider the IEE in any decision about providing your child FAPE. You may also present an IEE at a due process hearing. If a hearing officer orders an IEE, the school must pay for it.

5. Access to Pupil Records

Pupil records are all records about a child kept by the school. Records made by someone for their own use only are not pupil records. Your child's special education records are pupil records. Pupil records are private. School staff with a valid educational reason may see your child's school records without your permission. Generally, the school must have your consent before they let others not from the school see the records. They may not let staff from other agencies see the records without your permission, unless the federal law lets them. The school must get your consent before others use the records for something other than special education. DPI has policies for when a parent refuses permission for others to see the records.

The school must keep pupil records private when it collects, stores, discloses, or destroys them. One person at school makes sure the pupil records are kept private. Anyone collecting or using them must have training about privacy laws. The school must keep an up to date list of the names and positions of those who can see the records. Anyone may see the list. The school must tell you when it does not need the records any more to give your child services. At your request, they must destroy the records that are no longer needed. The school can permanently keep your child's name, address, and telephone number, grades, attendance, classes attended, grade level completed, and year completed. State policy does not require a school to put past or current discipline in the records of a child with a disability.

The DPI has policies about the extent to which children have privacy rights similar to parents. The policies consider the child's age and the type or severity of disability. Parents' records rights transfer to the student at age 18. When the IDEA rights of parents transfer to the student at age 18, the record rights also transfer. However, the school must send your child and you any notice required by IDEA. DPI has policies to make sure that its record policies and the laws are followed. The policies include ways of enforcing the law.

You or someone you choose can look at all of your child's pupil records. The school must let you look at your child's records unless a court has decided you can't see them. The school must let you look at these records without unnecessary delay. They must show you the records before any IEP meeting or due process hearing, including an expedited hearing. They must show you the records no later than 45 days after your request. The school keeps a record of who, beside you and school staff, has reviewed your child's records. The record includes the person's name, the date and the reason for looking at the records.

The school will explain and interpret the records to you if your request for an explanation is reasonable. Under state law the school must give you copies of your child's records if you request them. The school will not charge you for finding the records. The school can charge you for the copies, unless you can't pay. If a record includes information about other children, you can see only the part about your child. If you request, the school must tell you about the kinds of records they collect, keep, use, and where they keep them.

You can ask the school to change the record if you believe it is wrong, misleading or violates your child's privacy or other rights. The school must decide whether to change the record within a reasonable time. If the school decides not to change the record, they must tell you. They must also tell you about your right to a pupil records hearing according to federal education records law. The school will conduct the hearing according to federal education record laws (34 CFR 99.22). If the hearing decides to change the record, the school must tell you in writing. They must also change the record. If the hearing decides not to change the record, the school must tell you that you can put a statement in the record. Your statement can tell what you think about the record and why you disagree with it. The school must keep your statement as part of the record for as long as it keeps the record. When they give the record to anyone, they also must give your statement.

6. Mediation

Sometime you may disagree with your school about your child's special education. You or the school can ask DPI for mediation. Mediation can resolve disputes about your child's identification, evaluation, educational placement, or FAPE. Both you and the school need to agree to do it. In mediation a fair person helps the parents and the school work out their differences. DPI has a form to request mediation.

If you refuse mediation, the school may ask you to meet. They can ask you to meet with a neutral person to discuss mediation. The person may be someone from an agency that gives parents training. The person may be someone from an agency that helps to resolve disputes. The meeting must be at a time and location convenient to you. The person will explain the benefits of mediation. The person will encourage you to use mediation. DPI will not delay or deny your request for a due process hearing if you do not go the meeting.

The DPI pays for the process, including costs of meetings. When you request a due process hearing from DPI, they will tell you about mediation. No one may use mediation to delay or refuse you a due process hearing. No one may use mediation to deny you any other special education rights.

A qualified and fair person (a mediator) runs the mediation. DPI has a list of trained people. They know the special education laws. DPI may assign the next person in the order on the list. If you or the school request someone from the list, both you and the school must be involved and agree. The person must be fair and objective. The person cannot have a reason to favor you or the school. The person may not work for a public school or a state agency providing special education. A person does not work for a public school or a state agency just because the person is paid to mediate. If DPI provides special education directly to your child, the person may not work for DPI.

The mediator will set each meeting promptly. The mediator will hold each meeting in a place convenient to you and the school. The discussions are private. At the beginning of the process, the mediator may require you and the school staff to sign a pledge to keep the process private. Things you and the district say cannot be used in a due process hearing or in court. An agreement between you and the school district must be in writing. Under state law you and the school district must obey the agreement.

7. Due Process Hearings

You or the school may request a due process hearing when you disagree about your child's special education. The disagreement may be about the school proposing or refusing to do something. The disagreement may be about starting or changing your child's disability identification. It may be about starting or changing an evaluation. The dispute may be about starting or changing your child's placement. It may be about starting or changing your child's FAPE.

You may request a hearing by sending a letter to DPI. You must request the hearing within one year after the school proposes or refuses to take action. If the school did not notify you about your right to a hearing, you may request the hearing within one year after the school notifies you of your right to a hearing. Your hearing request must remain private.

You must include in your hearing request the child's name, address, and school. You must describe the problem. You must include facts about the problem. You must also include a proposed solution if you can. If you do not include these things, you can still have a hearing. The DPI will not delay your hearing because you did not include these things. However, the school may pay less of your hearing costs. DPI and the schools have forms to request a hearing. When you or the school request a hearing, DPI will tell you of any free or low-cost legal and other helpful services in the area. If you request the information, DPI will send it to you. The school pays for the hearing.

DPI has a list of hearing officers. The list includes their qualifications. When DPI receives a hearing request, it will name a person from the list to hold a hearing. The person must be fair and objective. The person cannot have a reason to favor you or the school. The person may not work for the school or DPI. The person is not a DPI employee solely because DPI pays for the person to conduct the hearing. He or she may not work for an agency involved in your child's education or care. The hearing officer will set a time and place for the hearing. You and the school must agree to the time and place. The time and place must be reasonably convenient for you and your child.

You may have your child at the hearing. You may have the hearing open to the public. Both you and the school may:

  • bring and be advised by an attorney and people who know about disabled children;
  • present evidence;
  • require witnesses to attend and ask them questions;
  • prohibit giving any evidence at the hearing that was not shared at least five business days before the hearing;
  • obtain free a written, or at your option, electronic word for word (verbatim) record of the hearing; and
  • obtain free a written, or at your option, electronic decision that includes findings of fact and conclusions of law.

At least five business days before a hearing, you and the school must share all evaluations and recommendations that you or the school will use in the hearing. A hearing officer can keep evaluations and recommendations out of the hearing without the consent of the other party if you or the school did not share them.

Within 45 days of the hearing request, the hearing officer must decide and mail a written decision to you and the school. The hearing officer must base the decision on the evidence at the hearing. The hearing officer may extend the 45-day time limit to a new date at your or the school's request. The hearing decision has findings of fact and conclusions of law. The hearing officer decides based upon a preponderance of the evidence. The hearing officer sends a copy of the decision to you and the school. The decision includes a notice of appeal rights. DPI will remove names from the decision so no one can identify your child. DPI will give a copy of the decision to the State Superintendent's Council on Special Education. DPI will make the decision available to the public.

The hearing officer's decision is final and binding unless you or the school appeal to the state circuit court in the county where your child lives or to the federal district court. Either you or the school district can appeal to state court within 45 days. Federal law does not set a time limit for appeals.

Federal courts will often use the time limit from the most similar state law. The court must receive the hearing record. It must listen to more evidence if you or the school requests it. The court must make a decision based upon "a preponderance of the evidence." The court must look at all the evidence. It must decide whether it is more likely that you or the school is right. The court must order whatever it believes is needed. Nothing in special education law limits your rights under-

  • the U.S. Constitution;
  • the Americans with Disabilities Act of 1990;
  • title V of the Rehabilitation Act of 1973; or
  • other federal laws protecting children with disabilities.

However, before you may go to court under these laws, you must first use all the special education legal procedures. Unless you and the school agree to something else, your child must stay in his or her present educational placement until the end of the hearing and any appeals. (Hearings about discipline have different rules. See section 10 below.) If the hearing involves your child's initial admission to the public school, with your consent the school must place your child in the public school program until the end of the hearing and any appeals. If a hearing decision agrees with the parents about a change in placement, the child must remain in the new placement until the end of any appeals.

If you win the case, a court may order the school to pay your reasonable attorneys' fees and related costs. The court will base the amount on general rates in the community for the kind of services. The court will not use a bonus or a multiplier in deciding the reimbursement. Sometimes the court will not reimburse parents for services after the school offered a written settlement. If the school offers a written settlement, the court may not reimburse you if:

  • the school made the offer more than ten days before the hearing began; or in a court case the school makes the offer within the time allowed by Rule 68 of the Federal Rules of Civil Procedure; and
  • you did not accept it within ten days; and the court finds that the offer was not better than what you won in the hearing.

If you won and were largely correct in rejecting the school's offer, the court may order the school to pay. The court may not give you attorneys' fees for any IEP team meeting unless the meeting is the result of a hearing or court action. The court may not give you attorneys' fees for mediation that takes place before a request for a due process hearing.

The court may not give you attorneys’ fees for any IEP team meeting unless the meeting is the result of a hearing or court action. The court may not give you attorneys’ fees for mediation that takes place before a request for a due process hearing.

The court will reduce the attorneys’ fees when it finds that:

  • you unreasonably delayed the case;
  • the attorneys’ fees are more than the rate in the community for similar services by an attorney with similar skills, reputation, and experience;
  • your attorney spent too much time given the type of case; or
  • your attorney did not give the school the required information when he/she requested the hearing.

The court will not reduce the attorneys’ fees if the court finds the state or school district unreasonably delayed the case or violated the procedural safeguards (rights).

8. State Individuals with Disabilities Education Act (IDEA) Complaints

You and the school should try to solve problems together. However, any person or organization may file a complaint with DPI. This includes a person or organization from another state. DPI must let parents and others know about its complaint procedures. This includes parent training and information centers, protection and advocacy agencies, independent living centers, and other organizations.

You may file a complaint if you believe the school broke special education law. A complaint must be in writing and signed. It must say the school broke special education law. The letter must say what the school did to break the law. Generally, it must be about something that happened no more than one year ago. It can be about something that happened up to three years ago if the school is still breaking the same law. It can be about something that happened up to three years ago if you ask for services that your child missed because the school broke the law. DPI will give you a chance to give more information orally or in writing.

DPI will investigate. They will make a decision within 60 days. They can take longer in exceptional circumstances. DPI will do an onsite investigation if needed. They will review all relevant information. They will make an independent decision. DPI will give you a written decision with findings of fact and conclusions. It will address each complaint issue. It will include the reasons for the decision. If DPI finds the school district broke the law, they will make the school fix the mistake. DPI will make the school fix the mistake for your child as appropriate. If DPI finds the school failed to give your child the correct services, it may award money to reimburse you or order other actions fitting your child's needs. Also DPI will make the school take steps to prevent future mistakes for all children. You can also file a complaint against DPI. DPI will follow the same steps as above. You may file a complaint with:

Department of Public Instruction
DLSEA/Special Education Team
P. O. Box 7841
Madison, WI 53707-7841

If you file a complaint and a due process hearing, DPI will set aside any part of the complaint that is also part of the hearing until the hearing is finished. DPI will resolve any issue that is not part of the hearing. DPI will use the time limit and procedures required by law. If you file a complaint about an issue already decided in a hearing, the hearing decision is binding. DPI cannot change it. If you file a complaint, DPI will let you know that. If the school does not follow the hearing decision, you can file a complaint with DPI.

9. Placement by Parents in Private Schools at Public Expense

You may place your child in a private school or preschool program. You do not need the public school's permission. Generally, if the public school made FAPE available, they do not have to pay for private school. The public school does not have to pay for the private special education and related services. However, the public school must consider your child's needs when they plan how private school children with disabilities will participate in its special education.

A due process hearing can decide disagreements about your child's program. It can decide who should pay for the private school. Sometimes a hearing officer or court will tell the public school to pay for preschool, elementary or secondary private education. The hearing officer or court must find the public school did not make FAPE available in time. Also the hearing officer or court must find the private school appropriate. A hearing officer or court may find it appropriate even if it does not meet state standards.

The hearing officer or court may reduce or deny the payment. They may do it if you do not tell the public school about your concerns before you remove your child. You must tell the public school about your concerns. You must tell them you reject the public school's placement. You must tell them you plan to put your child in a private school at public expense. You may tell them at the most recent IEP meeting you attend before removing your child. Or you may tell them in writing at least ten business days before removing your child.

The hearing officer or court may reduce or deny the payment if you do not tell the public school about your concerns before you remove your child. You must tell them about your concerns. You must tell them you reject the public school’s placement. You must tell them you intend to put your child in a private school at public expense. You may tell them at the most recent IEP meeting you attend before removing your child from the public school. Or you may tell them in writing at least ten business days (including any holidays) before removing your child from the public school.

The hearing officer or court may reduce or deny the payment if:

  • " the public school tells you in writing that it would reevaluate your child before you removed your child, but you did not make your child available. The school's notice must meet the requirements of special education law. It must include an appropriate and reasonable statement of the purpose of the reevaluation.
  • a court finds your action unreasonable.

The hearing officer or court may not reduce or deny payment if you did not give notice because:

  • you cannot read and write in English;
  • giving notice would likely cause physical or serious emotional harm to your child;
  • the public school prevented you from giving notice; and
  • the public school did not tell you in writing about the private school notice requirements when it told you about your special education rights.

10. Discipline and Interim Alternative Educational Settings

School staff may remove a child with a disability for up to ten days in a school year without services. The school may do this to the extent they do it to children without disabilities. They can do it as long as the removal is not a change in placement. In Wisconsin a suspension from school can be up to five days at a time. It can be longer if the school sends you an expulsion notice. After a total of 10 days of removal in a school year, the school must give services for any removals. If such a removal is not a placement change, school staff and the child's special education teacher together decide the services. The IEP team decides the services for a removal that is a placement change.

There is no specific limit on the total days of removal in a school year. The IEP team takes new steps after a total of ten days of removal in a school year. If the team has not done a functional behavioral assessment (FBA, it does one. If the child does not have a behavioral intervention plan (BIP), the IEP team develops and implements one. If the child already has a plan, the team reviews it. The IEP team must meet to look at the BIP the first time the child is removed after more than 10 total days of removal in a school year. For later removals that are not a placement change, the IEP team members review the BIP and its implementation. If someone on IEP team believes a child's BIP needs changes, the team meets to change it and its implementation.

A removal of more than 10 consecutive school days is a placement change. Removals totaling more than 10 days in a school year may be a placement change. The school decides if there is a placement change. The school considers the following to decide:

  • the length of each removal,
  • the total amount of time the child is removed,
  • the closeness of the removals to one another.

If removal creates a placement change, the IEP team must meet to develop or review the child's BIP. School staff may put the child in an appropriate interim alternative educational setting (IAES) if:

  • the child carries or possesses a "weapon" to or at school, to or at a school function, or on school grounds;
  • the child knowingly possesses or uses "illegal drugs" while at school or a school function;
  • or the child sells or solicits the sale of a "controlled substance" while at school or a school function.

The child can remain in the IAES for the same time a child without a disability would be disciplined. But the time cannot be more than 45 days.

The IEP team decides the setting for the IAES. The IEP team also must review the child's BIP. The team must review the plan either before the IAES or within 10 business days after it begins. The team must change the plan as needed to address the behavior. The school must follow the new plan. If the child does not have a plan, the IEP team must plan to assess the behavior. As soon as possible after the assessment, they must develop a behavioral intervention plan.

A hearing officer may place a child in an IAES for up to 45 days if he/she:

  • decides there is substantial evidence (more than a preponderance of the evidence) that in the current placement the child is very likely to injure him/herself or others;
  • considers the appropriateness of the current placement;
  • considers whether the school has tried to reduce the possible harm in the current placement, including using supplementary aids and services; and
  • decides the school’s proposed IAES meets legal requirements.

An IAES must meet certain requirements. It must let the child get the general curriculum, even if it is in another place. The child must get IEP services and modifications to meet IEP goals. The IAES must include services and modifications to prevent the same behavior. If you ask for a hearing about the IAES, the hearing officer must consider if the IAES meets these requirements.

On the day they decide, the school must tell you in writing they will place your child in an IAES. They must give you a copy of the special education rights. An IEP team and other qualified persons must look at any connection between your child's disability and misbehavior. This review is called a manifestation determination review.

If the review finds a fault in your child's IEP or placement, the school must correct it immediately. If they find a fault in the way these are carried out, they must correct the fault immediately. If possible, the school must do the review on the day they decide to place your child in an IAES. If the school does not do it then, they must do it within ten days of the decision. The school may do it at the same time they consider a functional behavioral assessment and a behavioral intervention plan. The IEP team and other qualified persons must meet. They must consider all related information, including:

  • evaluation and diagnostic results, including evaluations and other information from you;
  • observations of your child; and
  • your child's IEP and placement.

To decide the behavior is not a manifestation of your child’s disability, the IEP team must decide:

  • your child's IEP and placement were appropriate in relation to the behavior;
  • the school gave your child the special education services, supplementary aids and services, and behavior intervention strategies required by your child’s IEP and placement;
  • the disability did not impair your child’s ability to understand the impact and consequences of the behavior; and
  • the disability did not impair your child's ability to control the behavior.

If the IEP team decides the behavior is not a manifestation, the school may discipline your child like a child without a disability. The school must give the child IEP services and modifications so he or she can meet IEP goals and progress in the general curriculum. The person making the final decision about the discipline must get your child's special education and disciplinary records.

If you disagree with the manifestation determination or IAES, you may ask DPI for a due process hearing. The parent and the school will receive a written decision within 45 calendar days of the hearing request, without exceptions or extensions. An impartial hearing officer from DPI's list runs the hearing. He or she uses the same legal criteria the school used. The decision is final, unless the parent or the school appeals. The parent or the school may appeal in state circuit court or federal district court.

If you request a hearing, your child stays in the IAES. If you and the school agree to another placement, the school may place your child there. Your child will stay until the hearing officer's decision or until the IAES ends, whichever comes first. If you request a hearing about the placement that follows the IAES, the school will put your child in the pre-IAES placement when the IAES ends. If the school believes it is dangerous for your child to be there, the school may ask for an "expedited" hearing.

An expedited due process hearing must give you all of the hearing rights under the law. A qualified hearing officer must conduct it. The timeline must be the same whether a parent or the school requests it. The hearing decision may be appealed in court, according to the law. See Section 7, "Due Process Hearings." The parent and the school will receive a written decision within 45 calendar days of the hearing request, without exceptions or extensions. The hearing officer must use the requirements for an IAES to decide your child's placement. The hearing officer may place your child in an IAES for up to 45 calendar days. The school may repeat its request. The hearing officer may place your child in an IAES as many times as necessary.

Protections for Children Not Yet Eligible for Special Education and Related Services

There are times when a child not eligible for special education may claim protection under special education law. A child can be protected if, before the child broke the rules -
  • the parent told the school in writing the child needs special education. (If the parent does not know how to write, the parent can tell the school orally. If the parent cannot write because of a disability, the parent can tell the school orally.);
  • the child's behavior or performance shows a need for special education;
  • the parent asked the school to evaluate the child; or
  • the child's teacher or other school staff referred the child for evaluation.

The child may not claim the protection if then the school -
  • evaluated the child;
  • found the child is not eligible for special education; and
  • gave the parent proper notice of this.

If the child is not protected, the school can discipline the child the same way it would any child without a disability. If someone asks the school to evaluate a child during a disciplinary removal, the school must evaluate without delay. Meanwhile, the child stays in the placement decided by the school. This includes a child suspended or expelled without services. The school must consider the evaluation and information you give them. If the child is eligible, the school must give the special education the law requires.

11. Where You Can Get Help and Information

In addition to your local school, the agencies listed below can give you help in understanding this information and other parts of special education law.

Department of Public Instruction
DLSEA/Special Education Team
P. O. Box 7841
Madison, WI 53707-7841
608-266-1781; 800-441-4563
TDD: 608-267-2427

Native American Family Empowerment Center
2932 Highway 47N
P. O. Box 9
Lac du Flambeau, WI 54538
715-588-3324;   800-472-7207


Wisconsin Coalition for Advocacy
16 North Carroll Street, Suite 400
Madison, WI 53703-2716
608-267-0214; 800-928-8778
TTY: 800-928-8778

FACETS
2714 North Dr. Martin Luther King Drive
Milwaukee, WI 53212
414-374-4645; 877-374-4677
TDD: 414-374-4635

Wisconsin Statewide Parent-Educator Initiative
Building D-2, Mailbox 65
800 Wisconsin Street
Eau Claire, Wisconsin 54703
877-844-4925

 

 

June 2002


Copyright: State of Wisconsin Department of Public Instruction
Phone: 1-800-441-4563 (U.S. only) / 608-266-3390