How do I get my child an IEP, special education services in Alabama?

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Children with learning disabilities sometimes need extra services or interventions to succeed in school. But that process can be difficult to navigate.

Individualized educational plans (IEPs) or 504 plans, which address behavioral needs, are a couple of ways that parents can ensure their children receive the additional behavioral and educational support, such as individualized instruction, testing accommodations or mental health services.

Mike Tafelski of the Southern Poverty Law Center said getting the proper services for children with special needs can greatly improve how they’re treated by school staff.

“You’ll often see students who are being criminalized or punished because they haven’t been appropriately evaluated or identified and given choices that could help respond in a positive way to those types of behaviors,” he said. “And instead, the school relies on punishment, exclusion or arrest to remove the child from the learning environment entirely or place them in an alternative education environment.”

An infographic by the Ed Lab with the words, "IEPs or 504 plans can address a variety of situations. Parents and teachers can coordinate supports tailored to a student's needs, such as individualized instruction, testing accommodations, strengthening social skills, improving reading speed and managing changes in routine."

Illustration by Kalyn Dunkins/AL.com

More than 90,000 students aged 5-21 in Alabama have IEPs, according to state data. Of those who exited special education in 2021, 73% graduated with a regular high school diploma, while others received a certificate, aged out or dropped out.

This toolkit is for parents who are new to the IEP process or who want to learn more about what kind of services their children are entitled to under federal law. Answers are compiled from a recent Q&A hosted by parents in Alabama’s Black Belt region.

Panelists included Tafelski of the Southern Poverty Law Center’s Child Rights Unit, Elizabeth Hollie of Legal Services of Alabama’s Selma office and Andrea Mixson of the Alabama Disability Advocacy Program. Their answers have been edited for brevity.

What kind of testing is the school system responsible for providing at no cost to the family?

Mixson: Every child is entitled to a referral meeting, where a team of special education staff discusses their educational challenges with the parent and a lawyer or advocate if the parent chooses to bring one.

They make a determination at that meeting whether a child is eligible to be evaluated. At that point, if the answer is a yes, the school system is obligated to pay for those evaluations, including screeners for hearing and vision, IQ, achievement, autism, speech and language, and ADHD.

Watch: Office of Special Education’s Guide to IEPs

Do parents have to pay for evaluations?

Mixson: No. A parent can ask for a second opinion outside of what the school system offers, but even that can be funded by the school system.

Can IEP staff deny me the right to discuss an evaluation?

Mixson: No. If you feel like there are skills or behaviors that your child struggles with, ask some targeted questions and have them keep track of that behavior or area of improvement for a specific period of time. You can also request interventions, like reading interventions, outside of the IEP process.

Read more from ADAP: Special Education in Alabama – A Right, Not a Favor

What if the school system decides not to accept the results of an external evaluation?

Mixson: The IEP team doesn’t have to accept all the results of an evaluation, but they have to consider them in determining whether they’ll provide the services they’re entitled to under the law.

If a parent feels like their child isn’t receiving the services they need, there are a few different options for recourse:

  • File a due process complaint. This is for more serious cases and will function like a court hearing.
  • Find a state-contracted mediator. Mediators can resolve issues with the district without having to hold a hearing.
  • Contact a state investigator, who has 60 days to review and issue a complaint. Those are usually a little more cut and dry, and have more to do with whether a school system failed to have an IEP meeting, failed to invite participants, or follow disciplinary procedures.

How long does it take to get an IEP meeting scheduled?

Mixson: The whole process could take months. For example, most families might seek out a referral meeting in August, but might not get the IEP until after Fall Break.

What are parents’ options if they feel like the school isn’t properly investigating harassment and threats against their child?

Tafelski: Every district should have a policy that responds to allegations of bullying. There should also be a Title IX coordinator and point person for potential complaints if there is a student engaging in sexual harrassment or assault.

Districts are also required to provide bullying complaint forms.

My child is non-verbal. Are they entitled to speech services?

Mixson: It comes down to what the IEP team decides on, but that’s also informed by speech therapists, evaluations or independent providers. But just because you are non-verbal doesn’t mean you can’t benefit from speech services.

Additionally, if a child is receiving speech therapy, the therapist should have a working relationship with teachers to help support them during in-class instruction and assessments.

If a child requires services that the school system cannot provide or doesn’t offer, should the parent or parents be held responsible for funding these services and finding them?

Tafelski: Generally if it’s in the IEP, the school district is responsible for covering the services. To the extent that the district is unable to provide the services, the school can seek additional resources from the state, and they have that affirmative obligation to seek them out.

What can we do if we have actual knowledge of disproportionate disciplinary actions by the school based on race even if it doesn’t directly affect our child?

Tafelski: You can file a complaint with the U.S. Department of Education, but they can take a while for the process to work itself through. If you do, compile as much evidence as you can to share with them.

On a local level, school boards make these decisions. They set the discipline policies. They have wide discretion over enforcement. That’s why school board elections matter and mobilizing at meetings is important.

Read more: How to File a Discrimination Complaint with the Ofice for Civil Rights

Many parents and students are afraid to speak about mistreatment by the school system or school employees because they are afraid of retaliation. What can be done about instances of retaliation large and small?

Tafelski: Retaliation can be actionable, but it can often happen so suddenly in many places that it’s hard to track. It can be a common response, but it is something that can be protected depending on the situation.

What do I do if a teacher threatens, harms or harasses my child?

Hollie: I’m always about procedure. You as a parent have a right to report a school employee for suspected abuse or harassment, not just to the police, but to the state. Here’s how.

How can parents support each other?

Tafelski: You don’t have to have an advocate that’s an attorney. The Council of Parent Attorneys and Advocates, for example, is a support network with lots of resources for special education advocates across the country. They have non-attorney advocate training that they provide for parents.

Communities are also strong in numbers. They really can look out for each other, work together and mobilize together if they clearly set out demands.

Rebecca Griesbach is a member of The Alabama Education Lab team at AL.com. She is supported through a partnership with Report for America. Learn more here and contribute to support the team here.

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