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FORT BRAGG, N.C. - As the summer came to a close, most parents sent their children back to school. For many this was a huge weight off their shoulders, however, for parents with children enrolled in the Exceptional Family Members Program back to school can mean a lot of hurdles.
The XVIII Airborne Corps and Fort Bragg Legal Assistance Office can assist parents in understanding the procedures and rights they are entitled when it comes to their exceptional family member. The first step is determining the child’s eligibility for special educational services.
Generally, this process begins when someone suspects the child has a disability and requests an evaluation be done. Typically, the parents request the evaluation, however, the school may also initiate the request.
The evaluation and factors for eligibility are set at the federal, state, and school district level, and in the Department of Defense policies for DoD Activity schools.
One resource to help parents is the ‘Education Directory for Children with Special Needs,’ which tells parents where they can start the identification and evaluation process.
Once a child qualifies for special education benefits, two laws, the Individuals with Disabilities Education Act and the Americans with Disabilities Act, determine entitlements to substantive accommodations and modifications.
IDEA requires schools to develop individualized education plans for qualifying students. When creating the IEP, the schools consider the legal requirement of providing a free appropriate public education for the students.
The plan must address a variety of special education components including the student’s potential academic performance, annual goals, how progress toward these goals will be measured, the provision of supplementary aids, and details on program modifications. It must also include an explanation on how the accommodations and modifications are creating a least restrictive environment for a student’s interactions with fellow classmates.
The school is responsible for the creation and performance of the IEP, and parents should be involved in each step of the process. Legal counsel can help parents understand what the school is required to provide and when parents should temper their expectations.
Parents should also be aware an IEP differs from a 504 plan. A 504 plan requires reasonable accommodations be made for students suspected to have special needs. However, a 504 plan will result more in the modification of the learning environment, rather than accommodations in the coursework or standards.
504 and IDEA are also used to determine transportation requirements, functional behavior assessments, and manifestation determination reviews. In terms of transportation requirements, legal assistance can help craft some of the advocacy around tailoring it so children can participate in extracurricular activities. Additionally, parents should understand the receiving school district is responsible for providing transportation.
FBA and MDR are two sides of the same coin as they both deal with behavioral problems, and the rights the student has when it comes to school punishment. In short, an MDR must be done in 10 days and the school must consider whether the behavior is a manifestation of the disability. The FBA is the process by which the school assesses a student’s behavior and its connection to the disability.
Legal assistance can help with organizing documentation (particularly in free appropriate public education requests) and helping craft the argument explaining why the behavior is connected to the disability.
There are some limitations to Fort Bragg’s legal assistance office. Our specialty is limited to the law, so many of the tertiary resources such as child psychology or health determinations can’t be done by the Fort Bragg legal assistance office. Additionally, we are not able to advocate in front of boards or similar situations.
For more information on the XVIII Airborne Corps legal assistance office go to https://home.army.mil/bragg/index.php/units-tenants/xviii-airborne-co/xviii-airborne-corps-osja/legal-assistance-office.
For more information on the Exceptional Family Member Program go to https://bragg.armymwr.com/programs/exceptional-family-member-program-family-support.
(Story by Capt. Henry Carras, legal assistance judge advocate, XVIII Airborne Corps and Fort Bragg Legal Assistance Office)
| Date Taken: | 09.22.2022 |
| Date Posted: | 09.22.2022 15:20 |
| Story ID: | 429884 |
| Location: | FORT BRAGG, NORTH CAROLINA, US |
| Web Views: | 63 |
| Downloads: | 0 |
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