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submitted by Faye Weiner Jackson -
Does Your Child Need Help?
We all think that our children are perfect. They are smarter than all of the other children that you know. They are cuter than all of the other children that you know. They are most definitely more polite than all of the other children that you know. The reality is that none of our children are perfect (surprise!) and some have some special, individualized needs. The question is what you should do if you think that your child might have a disability that is affecting his or her learning?

High Five: The very first thing to do is praise yourself. You have recognized that your child may not be a typically developing child. He or she may be on the autism spectrum, have articulation issues, or need physical therapy for strength and endurance. Too many parents have selective attention as to the needs of their child. Denial of the special needs of your child does not help your child; seeking assistance does.
Talk, Talk, Talk: Speak with your child’s teacher, school psychologist, any existing specialists, and pediatrician. Professionals who work with your children can be invaluable resources with a unique perspective of your child’s physical, social, and educational development.

Correspond and Save: Notify your local school district of your specific concerns in writing. Send a copy of the letter to the school and the district’s main office. Correspondence should be dated, and then mailed by certified, return receipt mail. The school district is obligated to respond to your concerns in writing. Keep records of all notes and records.
Perform Evaluation: Where appropriate, the school should set up an evaluation of your child. You have the right to disagree with the assessment and seek alternative, private assessment.
Create an “IEP:” If the district determines that there is a special education need for your child, they will develop an Independent Education Plan (“IEP”). The IEP will determine what services your child will receive, the frequency, and the location thereof. You have the right to agree, disagree in part, or disagree in whole with the proposal. If you disagree, you can attempt to resolve the matter at the IEP meeting or seek mediation thereof. Remember, you are motivated by the love for your child, but the school districts are often motivated by budget.
Educate yourself: The Individual with Disabilities Education Act (2004) states that, “the school districts are required to educate students with disabilities in regular classrooms with their nondisabled peers, in the school they would attend if not disabled, to the maximum extent appropriate.”
Similarly, the Free and Appropriate Public Education Act (“FAPE”) (Section 504 of the Rehabilitation Act of 1973) entitles your child to in the least restrictive environment. Appropriateness may include inclusion in typical classes, with or without aids, or education in a separate classroom or at home, when necessary. Students are also entitled to receive free education in a private school, commuter or residential, where necessary.
Other great resources include the Commonwealth of Massachusetts Department of Education http://www.doe.mass.edu and Wrightslaw www.Wrightslaw.com.
Find an Advocate: Parents are often the best advocates for their children, but special education can be a difficult area to navigate. Special Education Advocates can help you to understand the laws, process, and serve as a trained voice for your child.
Most importantly, stayed organized and SPEAK UP for your child.
Faye Weiner-Jackson

Compassionate and Intelligent Legal Representation
www.fayeweiner-jacksonlaw.com
PO Box 2685
Attleboro Falls, MA 02703
Telephone (617) 966-2813
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