Under the Individuals with Disabilities Education Act, commonly referred to as the “IDEA,” children qualify for special education and related services if they have one or more of the following disabilities and, as a result, demonstrate a need for special education and related services: (1) mental retardation, (2) hearing impairments, including deafness, (3) speech or language impairments, (4) visual impairments, including blindness, (5) serious emotional disturbance, (6) orthopedic impairments, (7) autism, including pervasive developmental disorders; (8) traumatic brain injury, (9) other health impairment, (10) specific learning disabilities, (11) multiple disabilities, or (12) for preschool age children, developmental delays.

If a child has more than one of the above-mentioned disabilities, the child could qualify for special education and related services as having multiple disabilities. Children ages three through nine years old may also be eligible if they have developmental delays and, as a result, need special education and related services.

The legal definitions of these disabilities, which the public schools are required to apply under the IDEA, may differ from those used in medical or clinical practice. Moreover, the IDEA definitions could apply to children with disabilities that have very different medical or clinical disorders. A child with attention deficit hyperactivity disorder, for example, could qualify for special education and related services as a child with “other health impairments,” “serious emotional disturbance,” or “specific learning disabilities” if the child meets the eligibility criteria under one or more of these disability categories and if the child needs special education and related services as a result.

Under Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, some school age children with disabilities who do not meet the eligibility criteria under the IDEA might nevertheless be eligible for special protections and for adaptations and accommodations in instruction, facilities, and activities. Children are entitled to such protections, adaptations, and accommodations if they have a mental or physical disability that substantially limits or prohibits participation in or access to an aspect of the school program.

Each of the Delaware County school entities must ensure that children with disabilities are educated to the maximum extent appropriate in settings with their non-disabled peers, commonly referred to as the least restrictive environment. Programs and services available to students with disabilities, in descending order of preference, are

• regular class placement with supplementary aides and services provided as needed in that environment
• regular class placement for most of the school day with itinerant service by a special education teacher either in or out of the regular classroom
• regular class placement for most of the school day with instruction provided by a special education teacher in a resource classroom
• part-time special education class placement in a regular public school or alternative setting
• special education class placement or special education services provided outside the regular class for most or all of the school day, either in a regular public school or alternative setting

Depending on the nature and severity of the disability, a Delaware County School entity can provide special education programs and services in:

• the public school the child would attend if not disabled
• an alternative regular public school either in or outside the school district of residence
• a special education center operated by a public school entity
• an approved private school or other private facility licensed to serve children with disabilities
• a residential school
• approved out-of-state program, or
• the home.

Special education services are provided according to the primary educational needs of the child, not the category of disability. The types of service available are:

• learning support, for students who primarily need assistance with the acquisition of academic skills
• life skills support, for students who primarily need assistance with development of skills for independent living
• emotional support, for students who primarily need assistance with social or emotional development
• deaf or hearing impaired support, for students who primarily need assistance with deafness
• blind or visually impaired support, for students who primarily need assistance with blindness
• physical support, for students who primarily require physical assistance in the learning environment
• autistic support, for students who primarily need assistance in the areas affected by autism spectrum disorders
• multiple disabilities support, for student who primarily need assistance in multiple areas affected by their disabilities.

Related services are designed to enable the child to participate in or access his or her program of special education. Examples of related services are speech and language therapy, occupational therapy, physical therapy, nursing services, audiologist services, counseling, and family training.

Children of preschool age are served by the Delaware County Intermediate Unit in a variety of home and school-based settings that take into account the chronological and developmental age and primary needs of the child. As with school age programs, preschool programs must ensure that to the maximum extent appropriate, children with disabilities are educated with non-disabled peers.

Each Delaware County School entity, in conjunction with the parents of each identified child, determines the type and intensity of special education and related services that a particular child needs based exclusively on the unique program of special education and related services that the school develops for that child. The child’s program is described in writing in an individualized education program, commonly referred to as an “IEP,” which is developed by an IEP team consisting of educators, parents, and other persons with special expertise or familiarity the child. The parents of the child have the right to be notified of and to participate in all meetings of their child’s IEP team. The IEP is revised as often as circumstances warrant but at least annually. The law requires that the program and placement of the child, as described in the IEP, be reasonably calculated to ensure meaningful educational progress to the student at all times.

IEPs contain, at a minimum, the projected start date and duration for the IEP, a statement of the child’s present levels of educational and functional performance, an enumeration of annual goals, a description of how the child’s progress toward meeting the annual goals will be measured and reported, a statement of the special education, program modifications, and related services to be provided, an explanation of the extent, if any, to which the child will not participate with non-disabled children, the anticipated frequency and location of the services and a statement of any accommodations necessary to measure academic achievement and functional performance of the child on state and district wide assessments. For children aged sixteen and older, the IEP must also include a transition plan to assist in the attainment of post-secondary objectives. The public school must invite the child to the IEP team meeting if a purpose of the meeting will be the consideration of the post-secondary goals and transition services needed for the child.

All Delaware County School entities are required to allow parents of children with disabilities reasonable access to their child’s classrooms, subject to the provisions of each entity’s school visitation policy or guidelines.

Delaware County School entities must conduct a multidisciplinary team evaluation of every child who is thought to have a disability. The multidisciplinary team is a group of professionals who are trained in and experienced with the testing, assessment, and observation of children to determine whether they have disabilities and, if so, to identify their primary educational strengths and needs. Parents are members of the multidisciplinary team. Delaware County School entities must reevaluate school-age students receiving special education services every three years and must reevaluate children with mental retardation and pre-school-age children receiving special education services every two years.

Parents may request a multidisciplinary team evaluation of their children at any time. They must do so in writing. Every public school has a procedure in place by which parents can request an evaluation. For information about each Delaware County School entity’s procedures applicable to your child, contact the elementary, middle, or high school which your child attends. Parents of preschool age children, age three through five, may request an evaluation in writing by addressing a letter as follows: Delaware County Intermediate Unit, Early Intervention Services, 200 Yale Avenue, Morton, Pennsylvania 19070, (610) 938-9000. The telephone number for the Early Intervention Program is (610) 565-0618.

Parents of children in private schools may request a multidisciplinary team evaluation of their children without enrolling in their public schools. However, while some services might be available to some private school children who are found eligible by the responsible Delaware County School entity, that entity is not required to provide all or any of the special education and related services those children would receive if enrolled in the public schools. If, after an evaluation, the multidisciplinary team determines that the child is eligible for special education and related services, the responsible Delaware County School entity must offer the parents an IEP and a public school-sponsored placement, unless the parents of the child are not interested in such an offer. If parents wish to take advantage of such an offer, they may have to enroll or re-enroll their child in the responsible Delaware County School entity to do so.

Before a Delaware County School entity can proceed with an evaluation, it must notify the parents in writing of the specific types of testing and assessment it proposes to conduct, of the date and time of the evaluation, and of the parents’ rights. The evaluation cannot begin until the parent has signed the written notice indicating that he or she consents to the proposed testing and assessments and has returned the notice to the public school.

All Delaware County School entities undertake screening activities before referring students for a multidisciplinary team evaluation. Screening activities could involve an instructional support team, commonly referred to as the “IST,” or an alternative screening process. Regardless of the particular screening method employed, the screening process must include

• periodic vision and hearing assessments by the school nurse as mandated by the School Code
• screening at reasonable intervals to determine whether all students are performing based on grade-appropriate standards in core academic subjects

If screening activities produce little or no improvement within sixty (60) school days, the child will then be referred for a multidisciplinary team evaluation.

For information about the dates of various screening activities in your child’s school or to request screening activities for a particular child, contact the local public school directly.

Parents of preschool age children, age three through five, may obtain information about screening activities, or may request a screening of their children, by calling or writing the Delaware County Intermediate Unit, Early Intervention Services, 200 Yale Avenue, Morton, Pennsylvania 19070, (610) 938-9000. The telephone number for the Early Intervention Program is (610) 565-0618.

Private school administrators, teachers, and parent groups, or individual parents of students in private schools, who are interested in establishing systems in those schools for locating and identifying children with disabilities who might need a multidisciplinary team evaluation may contact the Delaware County Intermediate Unit, Early Intervention Services, 200 Yale Avenue, Morton, Pennsylvania 19070, (610) 938-9000. The telephone number for the Early Intervention Program is (610) 565-0618.

State and federal law affords many rights and protections to children with disabilities and their parents. A summary of those rights and protections follows. Interested persons may obtain a complete written summary of the rights and protections afforded by the law, together with information about free or low cost legal services and advice, by contacting their school district’s special education or student services department.  The written summary is also available through the Delaware County Intermediate Unit, 200 Yale Avenue, Morton, Pennsylvania 19070, (610) 938-9000.

The responsible Delaware County School entity must notify you in writing whenever it proposes to initiate or to change the identification, evaluation, educational program or placement of a child or whenever it refuses to initiate or make a change in the identification, evaluation, educational program or placement requested by a parent. Such notice must be accompanied by a written description of the action proposed or rejected, the reasons for the proposal or refusal, a description of the evaluation information and other relevant factors used as a basis for the decision, the other options considered, if any, the reasons why such options were rejected and a statement that the parent has the right to procedural safeguards.

Delaware County School entities cannot proceed with an evaluation or reevaluation, or with the initial provision of special education and related services, without the written consent of the parents. However, a Delaware County School entity may attempt to override the lack of consent for an initial evaluation or reevaluation by requesting the approval of an impartial hearing officer by filing a due process request. Additionally, in the case of a parent’s failure to respond to a request to conduct a reevaluation, a Delaware County School entity may proceed with the proposed reevaluation without parental consent if it can show that it made a reasonable effort to obtain parental consent and that the parent failed to respond. A public school may not seek a hearing to override the refusal of a parent to consent to an initial placement in special education.

Evaluations to determine eligibility and the current need for special education and related services must be administered in a manner that is free of racial, cultural, or linguistic bias and in the native language of the child. The evaluation must assess the child in all areas related to the suspected disability and include variety of technically sound instruments, assessment tools and strategies. The assessments and evaluation materials must be used for the purposes for which the assessments or measure are valid and reliable, must be administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of the assessment and must be talked to assess special areas of need. Moreover, evaluation determinations cannot be based upon any single measure or assessment.

If parents disagree with the evaluation conducted by the responsible Delaware County School entity, they may request in writing an independent educational evaluation, commonly referred as an “IEE,” at public expense. If an IEE is provided at public expense, the criteria under which the IEE is privately obtained must be the same as the criteria that the responsible Delaware County School entity uses when it initiates an evaluation. Information concerning each school entity’s evaluation criteria can be obtained through the Office of Special Education or Student Services of that entity. If the Delaware County School entity refuses to pay for the IEE, it must immediately request a special education due process hearing to defend the appropriateness of its evaluation.

The parent or LEA must request a due process hearing by filing a Due Process Hearing Request within two (2) years of the date parent or the LEA knew or should have known about the alleged action that forms the basis of the request. There are limited exceptions to this timeline. This timeline will not apply to the parent if the parent was prevented from filing a Due Process Hearing Request due to either

• specific misrepresentations by the LEA that it had resolved the problem forming the basis of the hearing request

• the LEA’s withholding of information from the parent that the LEA was required provide.

The parent or local educational agency, commonly referred to as the LEA, may request a due process hearing with respect to any matter relating to the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education, commonly referred to as FAPE. The party requesting the hearing must submit a Due Process Hearing Request form to the Office for Dispute Resolution, 6340 Flank Drive, Suite 600, Harrisburg, Pennsylvania 17112; telephone (800) 222-3353; TTY (800) 654-5984. A due process hearing will not proceed until all required information is provided and procedures followed.

The party requesting the hearing must send a copy of the Due Process Hearing Request to the other party and, at the same time, to the Office for Dispute Resolution by mail addressed to the Office for Dispute Resolution, 6340 Flank Drive, Suite 600, Harrisburg, Pennsylvania 17112, or by electronic mail addressed to ODR.pattan.net, or by facsimile at (717) 657-5983.

The Due Process Hearing Request must contain the following information:

• the name of the child
• the address where the child lives
• the name of the school the child is attending
• if the child is homeless, available contact information for the child
• the name of the school the child is attending
• a description of the nature of the problem, including facts relating to such problem
• a proposed resolution of the problem to the extent known and available to the party filing the Due Process Hearing Request

The Due Process Hearing Request will be considered to be sufficient unless the party receiving it notifies the Hearing Officer and the other party in writing within fifteen (15) days of receipt that the receiving party believes the Request does not meet the requirements listed above.

If the LEA has not sent a prior written notice, such as a Notice of Recommended Educational Placement, commonly referred to as a “NOREP”, to the parent regarding the subject matter contained in the parent's Due Process Hearing Request, the LEA must send to the parent, within ten (10) days of receiving the Due Process Hearing Request, a response including the following Information:

• an explanation of why the LEA proposed or refused to take the action raised in the Hearing Request
• a description of other options The Individualized Education Program (“IEP”) Team considered, if any,
• the reasons why those options were rejected
• a description of each evaluation procedure, assessment, record, or report the LEA used as the basis for the proposed or refused action
•  a description of the factors that are relevant to the proposal or refusal.

Filing this response to the parent's Due Process Hearing Request does not prevent the LEA from challenging the sufficiency of the Due Process Hearing Request. If it is the parent receiving the Due Process Hearing Request, then a response to the Due Process Hearing Request must be sent to the other side within ten (10) days of receipt of the request. The response should specifically address the issues raised in the Due Process Hearing Request.