Child Safety Standards in Special Education
Schools and other child-oriented agencies must define and adhere to a specific professional standard of care for children with disabilities who qualify for special education services as required by state and federal laws. This standard is applicable at every stage of the special education process, from the initial student evaluation to his or her ongoing programming using an Individualized Education Program (IEP). A breach of the established standard can render the school liable for negligence lawsuits in the event of injury, discrimination, sexual and physical abuse, or any other form of harm that comes to a child.
School Liability Expert Group offers unparalleled special education expert witness services. Our specialized and court-qualified education experts are well-equipped to assist in various capacities: providing witness services to defendant and plaintiff attorneys, offering consultations to parents, and conducting school reviews to provide recommendations for improvement.
Qualification of a Child for Special Education
For students to be eligible for special education services, they must be identified for evaluation through “Child Find” activities, referrals, or parental requests in line with the Disabilities in Education Act. These comprehensive evaluations explore all potential avenues to determine eligibility for special education interventions and also identify areas where safety is a concern. Parents’ consent should be sought for evaluations to occur. Parents can request an independent education evaluation should they be discontent with the evaluation’s outcome. A parent can alternatively request a due process hearing, in which case our special education experts can help them initiate and navigate the entire process.
What is an Independent Educational Evaluation (IEE)?
When a parent disapproves of the result of the evaluation, qualified third-party professionals can be consulted to offer an unbiased opinion about a child’s disability and their eligibility for special education interventions. This process is known as an Independent Education Evaluation as it is usually performed by experts not affiliated with the school. Our special education expert witness team provides thorough evaluations referencing state and federal regulations like the Individuals with Disabilities Education Act (IDEA).
Individualized Education Program (IEP)
Once a student is deemed eligible for special education services, the school has a thirty-day window to prepare an IEP outlining the disability services and accommodations the child will receive as well as any progress tracking measures, as stipulated in state and federal laws like the Disabilities in Education Act. Parents’ presence in their IEP team is crucial. When appropriate, the student’s involvement is also recommended as this will help them later in life when navigating safety and liability issues in higher education on their own.
Occasionally, parents may have reservations about the IEP and student placement. Again, that is what an independent educational evaluation (IEE) is useful for. Our special education expert witness services can review the provisions of the IEP and advise on improvements to sufficiently meet child-specific needs. We also help parents with IEP-related due process hearings.
IEP Implementation
Schools must ensure that the established IEP is consistently implemented by relevant staff to ensure strict supervision and safety of children with disabilities. Failure to do so can attract costly litigation issues if the child’s physical or behavioral disability causes injury to themself or other children. Schools should also consistently update the parents on the child’s progress.
Do You Need Help with a Special Education Matter?
School Liability Expert Group is here to support you. Our court-qualified special education expert witness team has extensive experience working with hundreds of law firms to deliver expert reports, court testimonies, and consultations for both plaintiff and defendant attorneys. For parents, we will help find their child the best school placement focusing on the prospective school’s program quality and special education matters. We also handle special education cases for them. For schools, our experts will conduct a holistic review of program quality and special education compliance, train their staff, and offer recommendations for compliant, safe, and more effective operations. Book a call with an expert today.