Under the IDEA, infants and toddlers from birth to age 3 may be eligible for special services. To get these services the child must have, or be at risk for, delays in their development. In Vermont these services are called Children’s Integrated Services - Early Intervention (CIS-EI). These services are family-centered services. Services may be provided by multiple providers. CIS-EI services for a child may include:

• physical therapy
• occupational therapy
• speech/language therapy
• work with a developmental educator
• early childhood mental health services
• prenatal, family and child support services

For more information about CIS-EI, including information about your rights as a parent visit this link. You can also contact the Vermont Family Network.

Services for children age 3 to 22 are called special education services. Eligibility for special education ends when the student graduates from high school or turns 22, whichever occurs first. To get special education services, the child must have one or more of the 13 disabilities listed in the law. The child must also meet other eligibility requirements.

Special education is a program that offers specialized instruction and other services to students with disabilities from age 3 to age 22. The services are put in place to help students learn and make progress in school.

The purpose of special education is to make sure that students with disabilities have access to an education. This is called a “free appropriate public education” or FAPE.

 
To be eligible for special education, your child first needs to be evaluated. The evaluation and other information must show that all of the following eligibility criteria are met:

• Your child has a disability listed in the special education rules;
• Your child is performing in the bottom 15% for his or her grade level in an academic or basic skill area; and
• Your child needs specialized instruction to learn and make progress in school.

As a parent, you have rights at every step in the special education process. You should review the Notice of Procedural Safeguards (also called Notice of Parental Rights) document for a full explanation of these rights. If you do not speak English, ask for a translated version from the Vermont Agency of Education by calling 802-479-1255.

Every parent has a right to receive information in easily understood language. You also have the right to receive information in your native language or the way you communicate — such as sign language. Schools must pay for any translation or interpreters needed unless it is clearly not possible to do so.

What follows is a summary of your rights as a parent.

You must be provided notice in writing if the school district plans to take an action or refuses to take an action related to your child’s education. This is called “prior written notice.” The notice must tell you what the decision is and the reason for the decision. The notice must also tell you what you may do if you disagree with the school’s decision.

You must give your permission in writing before your child is evaluated or first receives special education services. This is called “consent.” You have the right to consent or refuse to consent to an evaluation or your child’s receipt of special education services. You may also change your mind and take back your consent at any time. This is called “revocation of consent.” Revocation of consent must be in writing.

You have the right to ask for an evaluation for your child at any time. You should make that request in writing. The Agency of Education recommends that the school district respond to a parent’s request for the first evaluation within 15 calendar days from the date the request is received.

You have the right to ask for an independent evaluation if you disagree with the evaluation done by the school. The school district must pay for this evaluation unless it chooses to ask for a due process hearing. Parents always have the right to an independent evaluation at their own expense. The results of the independent evaluation must be considered by the school district.

You have the right to take part in any meetings about the education of your child. This includes:

• Sharing information about your child;
• Sharing concerns you have for your child; and
• Participating in all decisions regarding your child.
• You have the right to bring anyone to meetings who knows about your child or your child’s disability. This includes friends, family members, an advocate or attorney.

You have the right to disagree with decisions made by the school district. It is always good to start by talking about the problem with the school. If that does not work, you can contact the Vermont Agency of Education to ask for mediation, file an administrative complaint, or ask for a due process hearing.

You have the right to look at all of your child’s school records. The school district must give you the opportunity to do this no later than 45 days after you ask for it. The school must allow you to look at the records right away when there is an IEP meeting planned or you are challenging a decision made by the school district.

You do not have a right to free copies of your child’s school records, but may get copies for a fee.

You have the right to ask for changes to your child’s school records if you disagree with what is in them (see our information on FERPA).

To get more information about parental rights in special education or the special education process, visit our page about Special Education Resources & Topics.

Section 504 applies to students with any type of disability before and after they graduate from high school. If an elementary or high school student with a disability does not meet all of the special education eligibility criteria listed above, the student may be eligible for help under Section 504.

Section 504 requires schools to:

• Evaluate students who may have a disability;
• Provide supports and services the student needs to give them the same opportunity to learn as their classmates without disabilities; and
• Follow procedures that protect the rights of students and parents.

Click on the following links to learn more about help available under Section 504.

• Vermont Education for Students with Disabilities (504) Brochure
• Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
• U.S. Office for Civil Rights: Frequently Asked Questions
  • Disability Discrimination
  • Filing a Complaint