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When our daughter, Teresa, was born six years ago, we entered the realm of special education. While we were learning about Down syndrome, our baby started down a path of special ed that will be with her into her 20s.

Many parents, confronted with the news that their child has a disability, are stunned and at a loss for how to proceed. There is help out there for the child and the family -- it's just that, sometimes, you have to fight for your little one's rights.

Federal law provides a basis of support for children with developmental disabilities and delays. That funding is funneled through the state. In New York, until their third birthday, children with special needs receive early childhood intervention -- potentially, speech, physical and occupational therapy and educational consultation -- through their county of residence.

Once the office in our county received Teresa's diagnosis, the staff contacted us. Therapy sessions started for our daughter when she was less than three months old: first at home, then, as Teresa got older, more and more at her daycare.

Upon a child's third birthday, responsibility shifts from the county to the local school district to determine the appropriate levels of service, which are provided in a preschool environment. (I'll admit, I was somewhat concerned in 2013 about the prospect of my not-yet-three-year-old getting on a school bus to go to preschool!)

For the next two years, Teresa received various therapies at the preschool. Unlike her daycare, this setting introduced a new consideration: what type of room in which she would be "placed."

The choices were a "self-contained" classroom (a smaller group of children, all with disabilities, with a greater number of adults on hand) or an "integrated" one (with a mix of children with and without disabilities, and fewer adults).

The federal Individuals with Disabilities Education Act (IDEA) requires that public schools create an Individualized Education Program (IEP) for every child receiving special education services from age three to a maximum age of 22. This plan, which is legally binding on the school, addresses the student's unique learning issues and includes assessments, a review of what's being done and specific educational goals and measurement criteria. It spells out what services are to be provided, how frequently and in what setting.

After the IEP is prepared by staff, with input from the parents, it's reviewed and approved by the Committee on Special Education. The CSE is a group unique to each student. It consists of the parent(s), one of the student's regular education and special ed teachers, someone who can interpret evaluations and, optionally, an additional parent and other people who know the student, who are invited by the district or the parents. If appropriate, the student also participates. The committee meets at least annually and is supposed to meet whenever any changes need to be made to the IEP.

The law requires that children with special needs have the same access to education as their typical peers, plus additional services to help them benefit from their education.

Further, the law says such students have the legal right to be educated in the "least restrictive environment," meaning the district must place them in a general-education classroom whenever possible, provide appropriate aids and educate them alongside non-disabled peers.

Sadly, this does not always happen. Last December, our State Education Department reported that "data shows that far too many students with disabilities are removed from their general education classes and schools" placing them in more restrictive environments.

One mother in North Carolina likened her experience to armed combat, fighting for her child to have equal access to education.

In this area, our experience with Teresa is that, unfortunately, tensions can occur between the school and family. Sometimes, assumptions are made regarding a child's abilities and potential for growth that unnecessarily place limits on educational goals.

The implementation of an educational plan may not match what was agreed upon. Parents' expertise about their child can be disregarded in favor of staff opinions. Assumptions can be made that special-needs children can't learn alongside general-education peers and need to spend a lot of time in separate classrooms.

All of this highlights the importance of ongoing and clear communication, so that all involved are working to provide each child -- special needs or not -- with a high-quality, appropriate and individualized education.

While there are educational supports available, parents of children with special needs need to be ready to fight for their children to go to school in a meaningful manner. The world will have other hurdles for them when they graduate.

As parents, we need to go the extra mile to ensure that they'receive what the law says they must. For us, it's a fight worth having -- even if Teresa doesn't realize we're fighting for her.

(Mr. Mawn is the diocesan director of catechist formation and respect life ministry, working through the Catholic Schools Office.)[[In-content Ad]]

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