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Question:
I am a parent of a child who has just been found
eligible for special education services. When I talk with other
parents of special education students and with school officials they
are always talking about the "law and rules". What laws and rules are
they referring to? How do I become familiar with them?
Answer:
See Part IV Below; see
previous postings for PART I - OVERVIEW, PART II - FEDERAL ROLE,
PART III - STATE ROLE
PART IV – LOCAL ROLE and
SUGGESTIONS
Local Policies – each elected
school board can create policies (e.g. rules) that are applicable to
their students as long as they do not violate applicable federal or
state law, rules, or regulations. Local board policies cover such
diverse subjects as student programs, discipline, curriculum
requirements, in-district transfers, student's graduation
requirements, parent’s building visits, etc. The local school board
has the power to create (and fund) different programs. That is one of
the reasons that special education programs can vary between school
districts. The school’s central office maintains a copy of its
policies available for public viewing.
Legal Research – with the
growth of the Internet many of the statutes, regulations/rules
applicable to special education are available via the Internet. The
difficulty arises in interpreting what the documents mean and how they
interrelate. To answer any particular question may require reviewing
the published statues, regulations, published letters from the federal
and Michigan departments of education, Office for Civil Rights, as
well as published rulings from local and state hearing officers.
One publication does a fair job of covering most this
material. That is the Individuals with Disabilities Education Law
Reporter (cited as IDELR) published by LRP Publications of Horsham,
PA. This reporter is only available by subscription. As the annual
cost is high, only the handful of attorneys and law firms that
regularly represent schools or parents subscribe. In addition, copies
are available in the libraries at the state’s law schools and at those
universities that grant degrees to teachers or school administrators.
Final Thoughts – When I meet
with parents who wish to consult with an attorney with education law
skills, or when I speak to parent organizations, I frequently here
that some school staff person, another parent, or at times even an
advocate from one of the non-profit parent organizations has told a
parent that this or that “was the law”. Further, this person tells
them that “the law” is directly applicable to the parent’s child.
That may well be so, but to be sure I suggest that anyone receiving
this type of information consider the source and verify the accuracy
of the claim. To often the statement by school officials is
self-serving. At other times, I have found that the statement was
made by someone who was not familiar with all the applicable facts
(that is one reason I will not render an opinion on a situation
without a detailed discussion with the parent(s)) or was generally
uninformed or was not familiar with Michigan laws, regulations and
common practice?
My suggestion is that when someone makes this type of
statement to you; if the person is a school person, ask (in writing if
necessary) for a copy of the applicable law, rule, regulation, or
court case that they are relying upon. After reading what is
provided, you may well find that the “the law” may not be at all
clear. It may not directly apply to your facts, or may be subject to
different interpretations. It is these kinds of differences that keep
the attorneys that represent school districts and parents busy.
The simple fact of education is that in the life of
each child they only pass through the educational system one time.
Therefore, each day in school is a precious and irreplaceable
commodity. Therefore, I always recommended that if a question
relating a legal matter is of some importance, that the parent
consults with an attorney with experience in the interpretation of
“the laws”. If a parent cannot afford to pay an attorney in private
practice, there are funded legal services organizations and non-profit
organization (see main page of www.bridges4kids.org)
who have trained advocates and a limited number of staff attorneys
available to assist a parent in understanding “the laws” that are
applicable to the situation facing their child.
Hope this helped in increasing your understanding of
“the law”.
John Brower, JD
Education Law Center, PLLC
www.michedlawcenter.com
Education
Law Center, PLLC · 810-227-9850 ·
www.michedlawcenter.com
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