Navigating special education law as a parent advocating for your child with special needs can be a daunting task, full of acronyms and terms that are frequently used and hold great importance. Because school district documentation can be complex and confusing it is necessary to understand what the acronyms stand for and what the terms mean so parents can expedite the special education process and ensure their child receives appropriate services.
At the Law Offices of Jennifer Chang, we take pride in educating our clients so they feel comfortable and confident making the best and most educated decisions for their child’s needs. As an advocate for families of children with special needs, Jennifer ensures her clients fully understand each step and element of their claim so they can make the best possible decisions for their child. Continue reading to better understand common acronyms and terms used in the special education process or during an education rights dispute.
Common Acronyms in Special Education
- 504 – Refers to Section 504 of the Rehabilitation Act of 1973. A civil rights law that specifically prohibits discrimination against students with disabilities and guarantees them a free and appropriate public education (FAPE). A Section 504 Plan provides a child with a disability or medical limitation with appropriate accommodations to ensure their complete access to the learning environment.
- ADA – Americans with Disabilities Act of 1990 is a civil rights law that prohibits discrimination based on disability.
- ADR – Alternative Dispute Resolution is a method of resolving a dispute without filing for a due process complaint between the district and the parent
- CDE – California Department of Education
- CC – Compliance Complaint
- DOE – U.S. Department of Education
- DPC – Due Process Complaint
- FAPE – Under the IDEA, all students are entitled to receive a ‘free and appropriate education’
- IDEA – Individuals with Disabilities Education Act
- IEE – Individual Education Evaluation
- IEP – Individual Education Plan
- LRE – Least restrictive environment is a principle that guides the determination of a student’s classroom setting and the individualized tools they require to be able to fully participate in and access FAPE.
- SCIA – Special Circumstance Instructional Assistance
- TSNA – Temporary Special Needs Assistance
Common Terms in Special Education Law
Accommodations
From providing more time on tests to preferential seating, accommodations provide a child with complete access to their education. Accommodations and their implementation are decided by the child’s IEP team and will be detailed in their IEP.
Modifications
Changes that are made to the curriculum and/or the delivery of the curriculum to meet the child’s individual learning level.
Assessment
Assessment is the first step to see if a child is eligible for an Individualized Education Plan (IEP) or a 504 Plan. Assessment of your child may include standardized testing, observations, parent and teacher interviews, and a records review. A qualified assessor must conduct the evaluation.
Compliance Complaint
An official complaint filed with the California State Department of Education (CDE) specifying how the school district may have violated a part of special education law or procedure. The CDE will assign an investigator to determine if the allegations stand. If a district is found “out of compliance” the district will be required to take the steps to come back into compliance. Compliance complaints may be filed when the district fails to implement an IEP, fails to properly assess or refer a student for evaluation, or fails to follow timelines for assessment and referral, among other reasons.
Due Process
A Due Process Complaint can be filed for the same reasons as a compliance complaint but is a formal proceeding with the court. Suppose a child’s parent disagrees with the district’s assessment findings, accommodations, or services, and the disagreement cannot be resolved at an IEP meeting. In that case, the parent can file a due process complaint to initiate the dispute resolution process. A resolution session and/or mediation will be scheduled. If the mediation is unsuccessful, then a due process hearing will be held. It is important for parents to speak to an attorney to understand if a due process complaint or a compliance complaint is the best route to take.
Considering the help of a special education attorney when navigating the complexities of the special education process can feel daunting. Education rights attorney Jennifer Chang believes in protecting students’ rights under California laws, and she will fight vigorously on your family’s behalf.
To learn more about The Law Offices of Jennifer Chang or schedule a time to discuss your case, click here.