Imagine being an immigrant just arriving to the U. S., not knowing English and having to enroll your child in the school system. You are now told your child may have to be evaluated and may be placed in a Special Education class. What do you do? Unfortunately this is a common scenario for many Latino parents who don't understand the school system due to factors such as language barriers, literacy issues, and constant changes in school policies.

What is special education? Special education is a program for children with disabilities under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973. These laws state a disabled child must be provided with free appropriate public education. Under Section 504 a disabled child must be provided with an education that is equal to that offered to non-disabled children. Under IDEA a disabled child has a specific individual educational plan that may include, for example, speech, travel training and vocational education etc.

How does a child qualify for a special education class? A parent can request for a child to be evaluated by the school district through testing. If the child is found in need of special education, the school district will set up an Individualized Educational Program (IEP) meeting with a representative from the district, a special education teacher, a standard education teacher (if needed) and the parent. If the parent does not speak English a translator must be provided.

What is an IEP? An IEP is a plan the school makes with the parent that outlines the services the child will need in order to be able to achieve an educational goal. If the parent does not agree with any part of the IEP, the parent has a right to ask for a hearing to change the IEP.

What can a parent do if they don't understand the IEP process or the laws that protect disabled children? Many times the laws are very difficult to understand. A parent may feel overwhelmed at an IEP meeting or feel they can't challenge the school's ideas. In the Latino culture, parents may accept what the school recommends for the child even if they may feel uncomfortable with the choices. There are often local organizations, such as Learning Disabilities Association of New York City, that may help a parent prepare for an IEP meeting. They may also provide additional information on services that can help both the child and the parent outside of the school setting.

Educating yourself on your rights as a parent can empower you to fight for your child's needs and help him/her achieve a better education, giving them a better way of life.

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