Can I Discontinue Special Education Services for My Child?
Special education services in the United States are governed by the Individuals with Disabilities Education Act (IDEA), ensuring that children with disabilities have access to appropriate educational programs tailored to their unique needs. If you are considering discontinuing your child's special education services, it is essential to understand the process and implications involved. This article will guide you through the steps and considerations when you want to remove your child from special education.
ARD Meeting and Request for Discontinuing Services
To officially discontinue your child's special education services, you must request an ARD (Admissions, Review, and Dismissal) meeting. During this meeting, the ARD committee will review your child's educational needs, discuss the reasons for discontinuing services, and determine whether your child can successfully transition to regular education settings without further special support.
If the committee agrees that your child can thrive in a general education environment, they will document this decision in an IEP (Individualized Education Program) amendment. This means that your child will no longer meet the criteria for IEP services and will fall under regular education rules.
Key Points: ARD Meetings are crucial for formal decisions regarding special education services. The committee must agree that the child is no longer in need of specialized support. The IEP will be updated to reflect the change in educational placement.
Consequences of Discontinuing Services
When you discontinue special education services, your child will transition to regular education rules. This change does not eliminate all forms of support; however, it does remove the specific protections and accommodations outlined in the IEP. Any academic outcomes, such as failing a class, will be recorded on the student's academic record, which can have future implications.
In regular education, your child may be subject to the same workloads and expectations as other students. Behavior issues will also be handled according to standard school policies, potentially resulting in disciplinary actions, such as suspension or even criminal charges, if applicable.
Key Points: Failing a class may appear on the student's official academic record. Behavior issues are more strictly monitored and can have serious consequences. The burden of proof is on the parents to show the child's continuing need for special education services.
Legal Considerations and Due Process
If the district feels that your child requires special education services despite your refusal, they can override your decision through Due Process and an Impartial Hearing. This process is governed under the IDEA and allows parents to argue the need for continued services.
Another option is to appoint a guardian, which can be a last resort if you have refused repeated attempts to provide necessary educational support.
If you disagree with the IEP or how services are being delivered, you can request an Impartial Hearing. This hearing involves presenting evidence to demonstrate the case for continued special education services. It is essential to be well-prepared and have supporting documentation.
Best Practices and Recommended Actions
Express Concerns to the Team: Initiate open communication with the special education team. Discuss your child's progress and concerns with all members of the team. This may lead to further evaluations or adjustments to the IEP, avoiding the need for a more formal hearing process.
Request Evaluations: If you feel your child is no longer in need of special education services, request evaluations to document this. This documentation can support your case for discontinuation or monitor your child's progress over time.
Monitor IEP: Another option is to place your child on a monitor IEP. This allows your child to remain in special education but receive limited or no services, providing an opportunity to observe how they perform in regular education settings.
Consider Legal Resources: Websites like Wrightslaw can be very informative and provide valuable insights into the special education process. Utilize these resources to stay informed and better navigate your child's educational journey.
Conclusion
Discontinuing special education services should be a considered decision, involving proper procedures and careful assessment of your child's needs. The ARD meeting, legal considerations, and best practices outlined in this article will help guide you through this process. Always aim for open communication and evidence-based strategies to ensure the best outcome for your child's education.