The Purpose of Special Education is to:
- Ensure a free and appropriate education for children with disabilities.
- Provide educational support and related services designed to meet the needs of children with disabilities
- Prepare children with disabilities for future education, employment, and independent living.
The school must provide a free and appropriate education. This is called FAPE. It means your child should be making progress in school every year, in light of their individual circumstances. This does NOT mean your child is entitled to the "best" education. Your child is entitled to an "appropriate" education.
Your Child May Need Special Education, if...
- They have physical, mental, or emotional problems that prevent him/her from learning or behaving well in school.
- They are very behind compared to what other children the same age can do.
- They do well on standardized tests but have very bad grades (or the opposite), and no one knows why.
- They are afraid or hesitant to attend school.
- They continue to get in trouble for the same reasons.
The disability or impairment must have a negative influence on performance at school.
How Can I Get Special Education Services for My Child?
- Write a letter or email to the special education director, school principal, and teacher asking that your child be evaluated for special education services. Make sure you list your concerns, and keep a copy of the email or letter.
- The school has 60 school days to complete the evaluation. They will need your consent in writing to perform the tests. You can ask for an accommodation plan before the evaluation is complete.
- After the evaluation is completed, you will meet with the school about whether your child qualifies for an individual education plan (IEP). At this meeting, you will have the chance to present your own evidence about (1) your child's disability and (2) how it affects their learning. You can bring medical records, letters from doctors or counselors, and have anyone present at the meeting who can be helpful in making a decision about services.
- The team will then decide whether your child qualifies for an IEP. If they qualify, an IEP will be developed with your input.
- If the school says your child does not qualify for an IEP and you disagree with the qualification, make sure the school officially notes your disagreement. You should consult with an attorney. You may also wish to file a complaint with the SC Department of Education. If your child does not qualify for an IEP, they may qualify for a 504 Accommodation Plan.
504 Accommodation Plan v. IEP
Under Section 504 of the Rehabilitation Act of 1973, a child with a qualified disability cannot be denied admission or denied benefits that would ensure a free and appropriate public education (FAPE) by schools that receive federal funding (excludes private or religious schools). A 504 Accommodation Plan does not modify your child's curriculum but provides accommodations to ensure your child can participate alongside their classmates. Examples include, but are not limited to, sitting closer to the teacher, spending more time on assignments, taking breaks throughout the day, etc.
Under the Individuals with Disabilities Education Act (IDEA), a child with a disability that negatively impacts their education may qualify for an IEP. An IEP alters the curriculum your child is receiving. This can include lowering the reading level, lowering mathematics, adding behaviors or social goals, etc. An IEP may also include accommodations.
Available Special Education Services
- Instruction in the special education or "resource" classroom, allowing your child to work closely with a teacher on subjects they are having trouble with, like spelling, fractions, or social skills.
- Physical Therapy (for things like walking and jumping)
- Occupational Therapy (for things like holding a pencil)
- Speech Therapy
- Counseling Services
- Specialized therapy for unique disabilities, like applied behavior analysis (ABA) therapy for children with autism
- Technology to assist learning, like an iPad
If You Do NOT Agree With The School
- Try to make sound and reasonable decisions.
- Try to persuade them that you are right.
- Ask for private testing (an independent evaluation.)
Mission
South Carolina Legal Services provides civil legal services to protect the rights and represent the interests of low-income South Carolinians.
Vision
To ensure equal justice for all South Carolinians, especially those with the greatest need.
