THELAWAND
SPECIAL NEEDS CHILDREN
by Michael B. Mount
General Counsel, San Francisco Church of Christ
President, Hope Technology Group
As the church grows and attracts more people to its services, we need to provide the access and the opportunity for all members of society to worship God. This includes individuals and families with special needs children. For many of these people, the system and their churches have failed them. They feel like outsiders because there is either no program available for them or they are asked to take their child somewhere else. Often they are teased or not included with the "normal" children. This is not only devastating for the children, but for the families as well. In addition, many times these families do not know their rights, what services are available, or where to get help. This lack of information has limited their ability to obtain needed assistance and left them feeling helpless and discouraged. Yet when we read the gospels, we see that Jesus had a different heart. He loved, taught, and healed anyone who wanted a relationship with him. No one was excluded. Lepers, the blind, the mute, the lame, the paralytics, the demon possessed (mentally or emotionally impaired), all had a place in the Kingdom of God. The purpose of the church's Spiritual Resource ministry is to fulfill God's plan for our lives by making disciples of every nation and ensuring that children with special needs and their families have a secure place in the body of Christ. As part of that mission, we also need to provide families with information about services for themselves and their loved ones. Under state and federal law, children with special needs are entitled to a free appropriate public education (i.e., they have a right to special education and related services at public expense). This applies even to children who are undocumented aliens. These services can include: • various types of educational instruction • physical education • vocational education • extracurricular activities
• Transportation • other supportive services these services must be provided in the least restrictive environment. This means that, to the maximum extent appropriate, children with disabilities are to be educated with non-disabled children. Services are available for preschool children (ages 3 to 5), for elementary children through secondary education (ages 5 through 18), and for children ages 19 to 22, depending on a number of factors specified in the law. The law also specifies the types of disabilities eligible for special education and related services. Education services for special needs children are the responsibility of the local education agency, which is overseen by the state Department of Education. If a parent is unsure whether their child has special needs, they can make a written request to have the school district assess their child. The district has a specified period of time to do the assessment, provide the parent with a copy and schedule an Individualized Education Program (IEP) plan meeting.
The IEP is the written education plan for the child. At the meeting, the parents, district
Representatives, the special education teacher, and others discuss the assessment and any other relevant information as they decide what the plan should contain. Typically it includes the child's current level of performance, the specific services needed, the extent to which the child will be integrated into the regular classroom setting, measurable goals and objectives, dates for implementation, the means for determining whether the goals have been achieved, and other pertinent information. The services can be provided in the classroom, at home, in institutions, or in other settings. If the parents are dissatisfied with the assessment or any part of the IEP, they may request an administrative ("fair") hearing before an impartial hearing officer. As part of the hearing process, the parties can also request mediation in an attempt to resolve their dispute through a negotiated agreement. The decision of the hearing officer is final, but it can be appealed to a court. Throughout the assessment, IEP, and fair hearing process, the parents and the child have numerous statutory rights. During each stage of the proceedings, the district is required to provide the parents with notice of these rights. Two of the most important ones are: 1) access to records, and 2) representation or advocacy assistance. Services are also available for infants and toddlers less than three years old who have low-incidence disabilities (blind, deaf or orthopedic impairments) or who are developmentally delayed or at risk of such a delay. The procedures and rights are specified in state and federal law, but they are similar to those described above. For example, the service planning document, which functions like an IEP, is called an Individual Family Service Plan (IFSP). These services are available through either the local education agency or a regional center under contract with the state Department of Developmental Services. In addition, the Department of Developmental Services provides other services to persons with developmental disabilities (autism, cerebral palsy, epilepsy, mental retardation and other disabilities requiring services similar to those provided to the mentally retarded). The services can include residential placements, day programs, transportation, workshops, job skills training, advocacy assistance, instruction to prepare someone for independent living, and a variety of other supports. If the services are provided in the community, in the person's own home, or other residence, the point of contact is the local regional center under contract with the Department. If the developmentally disabled person needs services in a state institution (called a developmental center), the Department is the direct provider of services. Along with various eligibility criteria, the law also has similar requirements for development of a service plan called an Individual Program Plan (IPP). Again, if the person or his or her parents are dissatisfied with the IPP, a "fair hearing" is available, along with other rights including advocacy assistance.
For Advocacy Assistance:
Protection and Advocacy................................................. (800) 776-5746
Community Alliance for Special Education (CASE):
San Francisco................................................................... (415) 431-2285
Hayward ...........................................................................(510) 783-5333
Department of Developmental Services:
For general information...................................................... (916) 654-1690
For Office of Human Rights...............................................(916) 654-1888
Area Board IV, Vallej .....................................................(707) 648-4073
Area Board V, Oakland: ....................................................(510) 286-0439
Area Board VII, San Jose: ................................................(408) 246-4355
For Bay Area Regional Center Services:
North Bay Regional Center, Napa....................................(707) 256-1100
Regional Center of the East Bay, Oakland.......................(510) 383-1200
Golden Gate Regional Center, San Francisco .................(415) 546-9222
San Andreas Regional Center, San Jose ..........................(408) 374-9960
Department of Developmental Services:
For general information...................................................(916) 654-1690
Other Sources of
Information Available on the Internet:
Special Education Law...........................................................www.edlaw.net
Special Education Federal Resource.......................www.dssc.org/frc/frc1.htm
Disabilities Advocates (ARC) ...........................................www.thearcinc.org
National Information Center (NICHCY)................www.nichcy.org/index.html
LD Online ..........................................................................www.ldonline.org
University of Kansas .............................................. http://www.ku.edu/~sped/