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Federal Consumer Information Center Planning for Your Special Needs Federal Consumer Information Center: Planning for Your Special Needs Child
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Planning for Educational Needs

As a special needs parent, you can take steps to make sure your child gets the best education possible. To do so requires becoming an active advocate and participant in your child's educational plan. The first step is knowing the special education laws and what they provide.

INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA)
The Individuals with Disabilities Education Act (IDEA), which amended the Education For All Handicapped Children Act, requires that children with disabilities receive:

  1. Free appropriate public education for children ages 3-21.
  2. Education as close to home as possible with children who do not have disabilities.
  3. Supplemental services (such as speech therapy or a classroom aide) to complete their education.
  4. An assessment to determine the child's needs.

In order to assure that your child gets the best possible education, this law includes two protections.

Individualized Education Plan (IEP)

An IEP is a written statement about your child's abilities and impairments required under the IDEA. It's developed by you, school district personnel and educational professionals who have evaluated your child's abilities. In some cases, the school nurse or primary health care provider should be included. The IEP must be revised at least annually for all children with disabilities.

Due Process
Due process generally requires that no changes are made in a child's IEP without certain procedural protections. The scope of this is not absolute, but due process provides a mechanism for resolution of disagreements.

Before entering an IEP meeting, parents should understand what their overall rights and responsibilities are:

You have the right to information about your child and the child's educational program. You have the responsibility for seeking and maintaining this information.

You have the right to review your child's records. You have the responsibility for asking questions when you do not understand terms in reports.

You have the right to be full partners in your child's educational program. You have the responsibility for becoming and remaining active members of the team.

You have the right to make suggestions or recommendations about your child's program or services. You have the responsibility for doing so.

You have the right to a vision for your child's future. You have the responsibility for helping your child achieve it.

Who Can Help

Planning for your child is a daunting task. To do it right, you might be wise to turn to experts for help.

An attorney who specializes in estate planning for families with a special needs child can help you establish a special needs trust. Insurance agents, financial planners and other financial professionals who specialize in needs planning, guidance counselors and parents of other special needs children also are good resources. In addition, there are countless organizations that offer different types of assistance. A sampling is shown on References & Special Offers. Others can be found on the Internet or at the library.

It is important that you take the time today to provide for your child's tomorrow. You want to make sure that the ongoing care and needs of your child will be addressed no matter when you die.

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