Special Education

There’s a new kid in my history class who’s deaf. A sign language interpreter comes to class with him so he can follow what’s going on. Some of the other kids in class think he should be in a separate special ed class. He doesn’t bother me, but why isn’t he in a special ed class?

Students with disabilities can go to either regular or special ed classes. They have a right to a free and full public education that is appropriate for them. That means that schools have to meet the needs of disabled students, just like they meet the needs of non-disabled students.

And, if possible, students with disabilities should go to regular classes along with everyone else. So, the deaf student in your class has a right to be there—along with the sign language interpreter to help him learn.

What if a student with disabilities wants to play sports or be involved in some other extracurricular activities? Can the school refuse to let him or her do it?

It depends. Students with disabilities must be given equal opportunity to be involved in extracurricular activities whenever possible. That means schools have to make reasonable accommodations for these students. But schools may deny participation to a disabled student if there’s a serious risk of injury to the student or other people, or they can point to other non-discriminatory reasons for denying participation.

How do I go about getting special education services at school if I need them?

If you or your parents think you need special education, this is how the process works:

1. Your parents or guardian request an evaluation from the school.
2. The school should evaluate you no more than 45 days later.
3. If the school decides you need special education, they should design a special program and place you in the appropriate program.

Can I get help with this?

You should contact the Education Law Center (215-238-6970 in Philadelphia, 412-391-5225 in Pittsburgh) to help you through the process. With their help, or on your own, you need to request an evaluation.

• Your parents should ask the school to give you a Multi-Disciplinary Evaluation (MDE). The MDE is a bunch of free tests that the school gives you to see if you are eligible for special education status.

• If you already receive special education services, your parents can ask for a re-evaluation if they think your program isn’t meeting your needs.

• Your parents’ request should be in writing and sent to the school principal.

Once the school evaluates you, it must write a report that says if you are eligible for special education services. If you are eligible, the school and your parents create a special education program for you and tell you where you will be placed. If possible, you should receive your special ed programs in the same class and school you would normally attend.

What happens if my parents don’t like the special ed program or my placement?

If your parents think the proposed program and placement are wrong for you, you are entitled to a special education hearing. This can include an informal pre-hearing conference with school officials in which you try to work things out, and/or a formal hearing before an impartial hearing examiner.

As a special ed student, does the school have to give me transportation to and from school?

Yes, if the group that creates your special ed program decides that you need it in order to attend school.