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Knowledge is power. While that saying is an old cliché it is also true. Like many areas, the area of education has its own language. It is a language filled with acronyms and three letter phrases like IEP, BIP, RTI.  Most people use these terms but have no idea what they actually mean.  Here is a cheat sheet to help you gain confidence so that you can walk into any meeting understanding what is being said and honestly with this list, you will know more than most people in that room.

Cheat sheet: Education Terms to Know

  • AAC – augmentative and alternative communication
  • ABA = Applied Behavior Analysis
  • ADA = Americans with Disabilities Act
  • ADHD = attention deficit hyperactivity disorder
  • ASD = Autism Spectrum Disorder
  • AT = assistive technology
  • BIP = behavior intervention plan
  • DD = Developmentally Delayed (ages 3 – 5 years old)
  • DHH = Deaf and Hard of Hearing
  • DSI = Dual- sensory impaired (deaf & blind)
  • EBD = Emotional or Behavioral disability
  • ED = emotional disturbance
  • ESE – Exceptional Student Education
  • ESY = extended school year
  • FAC = Florida Administrative Code
  • FAPE = free appropriate public education
  • FERPA = Family Educational Rights and Privacy Act
  • HH = hospitalized or homebound
  • ID = intellectual disabilities
  • IDEA = Individuals with Disabilities Education Act
  • IEE = independent educational evaluation
  • IEP = individualized education program
  •  IHO = impartial hearing officer
  • InD = Intellectual disability
  • LEA =  local educational agency
  • LI = language impairment
  • LRE = least restrictive environment
  • LSLS – Listening and Spoken Language Specialist
  • MTSS – Multi-Tiered system of supports
  • ODD = oppositional defiant disorder
  • OHI = other health impaired
  • OI = Orthopedic impairment
  • OT = occupational therapy
  • PBIP – Positive Behavior Intervention Plan
  • PBIS – Positive Behavior Intervention and Support
  • PBS – Positive Behavior Support
  • RTI – Response to Intervention
  • SI = speech impairment
  • S/L = speech and language
  • SLD = specific learning disabilities
  • SLP – Speech Language Pathologist
  • SP & P = School Policies and Procedures
  • TBI = traumatic brain injury
  • VE – varying exceptionality
  • VI  = visually impaired
 
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Laws that apply in the public school setting

  • Individuals with Disabilities Education Act (IDEA)
  • American with Disabilities Act (ADA)
  • Section 504 of the Rehabilitation Act (Section 504)
  • The Family Educational Rights and Privacy Act (FERPA)
  • Equal Educational Opportunities Act (EEOA) – which prohibits public schools from discriminating on the basis of race, color, or nationality.
  • Title VI of the Civil Rights Act of 1964 – prohibits schools that receive public funding from discriminating on the basis of race or religious belief.
  • Title IX of the Education Amendments of 1972 – bans discrimination on the basis of gender or sex.
  • 14th Amendment of the Constitution – prohibits denying individuals the equal protections of the law
  • Chapter X of the Florida State constitution
  • FEE – Florida Educational Equity Act

Individuals with Disabilities Education Act (IDEA)

The IDEA is a Federal Civil Right created by law in 1975. The IDEA ensures that all children with disabilities have access to a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet the child’s unique needs and prepare them for further education, employment, and independent living.

Federal Law: 20 USC Section 1400, et.seq. and 34 CFR part 300 et.seq.

State Law: 

Rules 6A-6.03011 through 6A-6.0361, F.A.C. (Florida Administrative Code), Local policies and procedures.

FREE APPROPRIATE PUBLIC EDUCATION (FAPE)

  • Free—without charge to parents or children;
  • Appropriate—in keeping with an individualized education program (IEP);
  • Public—at public expense, under public supervision and direction;
  • Education—preschool, elementary and secondary school.

 

In Florida, children ages 3 – 21 are entitled to services in a public school setting under the IDEA

  • FAPE does not apply to private school
  • FAPE does apply to charter schools accepting public dollars

INDIVIDUALIZED EDUCATION PLAN (IEP).

Not every student with a disability qualifies for an Individualized Education Plan (IEP).

The first step is to determine if the student has a qualifying disability. In Florida there are 14 eligibility categories.  They include:

  • Autism spectrum disorder (ASD)
  • Deaf or hard‐of‐hearing (DHH)
  • Developmentally delayed (DD) (Ages 3-8 only)
  • Dual‐sensory impaired (deaf & blind) (DSI)
  • Emotional or behavioral disabilities (EBD)
  • Homebound or (HH)
  • Intellectual disabilities (InD)
  • Language impaired (LI)
  • Orthopedic impairment (OI)
  • Other health impairment (OHI)
  • Traumatic brain injury (TBI)
  • Specific learning disabilities (SLD)
  • Speech impaired (SI)
  • Visually impaired (VI)

There is no specific eligibility for dyslexia or ADHD.  These disabilities generally fall under specific learning disability or other health impaired.

The second step is to determine if the student is in need of special education.  Special education is defined as instruction that is specially designed to meet your child’s unique needs. Specially designed instruction means adapting the content, methodology, or delivery of instruction:

  • to address the unique needs of your child that result from his or her disability, and
  • to ensure your child’s access to the general education curriculum so that he or she can meet the educational standards that apply to all children within the jurisdiction of the school system. 

If (1) and (2) then the child is entitled to a free appropriate public education (FAPE) in the least restrictive environment (LRE) which is realized through an individualized education plan (IEP).

The IEP describes the services a child with a disability will receive. The IEP sets forth what is required to provide a student with FAPE.    

There are only two requirements:

  • Parents must be invited to each IEP meeting; and
  • IEPs must be reviewed annually.

Generally, the IEP has ten sections:

  1. Demographic Information
  2. Special Considerations
  3. Parent input
  4. General Factors and Assessment Data: child’s strengths; academic, developmental, and functional needs; and the results of evaluations conducted.
  5. Present Level of Academic Achievement and Functional Performance: The present level statements may be described by the following domains: curriculum and learning environment, communication, social/emotional behavior, and functioning.
  6. Measurable Annual Goals: These goals describe the behavior and skills that will enable the child to participate in age-appropriate activities based on his or her needs.
  7. Assessment:  how will student be assessed and what testing accommodations, if any.
  8. ESE Services, Related Services, Supplementary Aids and Services, and Support for Personnel: 
  9. Least Restrictive Environment: The IEP will include an explanation of the extent, if any, to which the child will not participate with nondisabled peers.
  10. Conference Notes

LEAST RESTRICTIVE ENVIRONMENT (LRE)

Least restrictive environment means that to the maximum extent appropriate, students with disabilities, shall be educated with students who are not disabled.  The student will be educated in the school that he or she would attend if not disabled, unless the IEP states otherwise.   

Special classes, separate schooling or other removal occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

Related Services

Students with IEPs and 504 plans are also entitled to related services. Related services are defined in IDEA’s regulations as transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education.

Related services may include, but are not limited to:

  • Physical therapy and occupational therapy and psychological services and speech-language pathology services
  • Audiology services
  • Art therapy
  • Counseling services, including rehabilitation counseling
  • Early identification and assessment of disabilities in children
  • Interpreting services
  • Medical services for diagnostic or evaluation purposes only
  • Orientation and mobility services
  • Parent counseling and training
  • Recreation, including therapeutic recreation
  • School health services and school nurse services
  • Social work services in schools
  • And any other developmental, corrective, or support services that are required to help a child benefit from special education.

Procedural Safeguards

If a parent disagrees with the student’s IEP or something the school district has done or is proposing, the parents have the right to disagree with the school district and seek relief through the following:

  • Mediation
  • State complaint
  • Due process hearing

 

*Additional Federal protections exist under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 and other state laws and local district policies.  

Additional Safeguards:

  • Prior written notice: the right to be notified before the district makes a change or when the district refuses to do something.
  • Native language: the right to communicate in your native language
  • Participation rights: the right to be an equal member of the IEP team and part of the entire process and bring anyone to a meeting that will assist you in understanding the process or provide information to the IEP team
  • Independent Educational Evaluation (IEE): the right to a private evaluation at public expense
  • Access to student records: the right to inspect and review any and all records related to your child
  • Consent.
  • Confidentiality of information.
  • AMENDMENT OF RECORDS AT PARENT’S REQUEST (34 CFR §300.618) If you believe that information in the education records is inaccurate or misleading you may request that the school change the information. The school then decides to change the information in accordance with your request within a reasonable period of time or inform the parent of the refusal and advise the parent of the right to a hearing.

 

THINGS TO KNOW

  • Trust your instincts. If something does not seem right, it is not.
  • Be prepared and be looking forward. Do not expect the school to tell you what your child needs or what is available to the child in the district.
  • If it is not in writing, it did not happen.
  • The district has up to 60 school days to complete an initial evaluation. 60 days does not include holidays or weekends, but the district can act as fast or as slow as they choose.     
  • You do not have to sign anything on the day of a meeting. There is a 10 day wait period before the district can implement a new IEP, unless you agree otherwise.
  • The Matrix determines the amount of scholarship money a student will receive from the state.

You are not alone; Ask for HELP. 

KNOWLEDGE IS POWER.