Parents want their children to have the best education and the best future possible. If your child is being evaluated for an Individualized Education Program (IEP) or if you think they may need extra help in their education, it can be overwhelming to navigate the world of special education, filled with lots of acronyms. Our goal is to empower and support you as a parent, so you can make the best decisions for your child’s education, regardless of the type of school you choose.
What is the meaning of “special education”? Special education refers to tailored instruction that is provided at no cost to a family in order to meet the specific needs of a child with a disability. Whether you are going through the special education process with your own family or simply want to gain a better understanding of how special education operates, we have developed a parent’s guide to special education to assist you on this journey.
Special Education Services
IDEA and FAPE
Special education is directed by the Individuals with Disabilities Education Act (IDEA). This federal law ensures that students with disabilities receive a Free Appropriate Public Education (FAPE) that addresses their individual needs. IDEA’s primary goal is to provide students with disabilities the same educational opportunities as their non-disabled peers.
Project Child Find
Project Child Fund, part of IDEA, requires schools to find students that have disabilities and are in need of special education support and services. Children from birth to age 21 can use Child Find – this includes homeschooled or private schooled students.
Every Local Education Agency (LEA), regardless of the student’s school of choice, must have a process in place for identifying students with disabilities. If a student is thought to have a disability, the LEA is responsible for evaluating and determining eligibility. Additionally, each school district must have a procedure for identifying and evaluating children who may require special education services.
Aside from identifying children who will benefit from special education and related services, Child Find also informs parents and guardians about those services.
504 and IEP Plans
A 504 plan and an Individualized Education Program (IEP) provide formal support for K-12 students who need additional assistance at school. In a 504 Plan, schools plan how to provide equal access to learning environments for children with disabilities or impairments that are not covered specifically in IDEA, like Attention Deficit/Hyperactivity Disorder (ADHD). IEPs are intended to ensure a child’s special education experience is as meaningful as possible.
Related Services
Related services ensure that children gain maximum benefit from their education. The special education process typically includes related services. Below are some examples of possible related services listed by IDEA, although the list is not exhaustive.
- Speech-language and audiology services
- Interpreting services
- Psychological services
- Occupational therapy
- Physical therapy
- Counseling service
- Orientation and mobility
- Social work services
As part of the formal evaluation process, an IEP Team can evaluate a child’s needs in a related service area. Occasionally, an evaluation may indicate only that a student is in need of a related service. For example, a child might only need support with hand-eye coordination. If this is the case, an IEP might consist only of a related service. IEPs that include related services are subject to state approval, however. The 504 plan can also provide related services if the challenges affect academic performance.
Online Services
To learn more about effective digital learning and special education services, here are resources about online learning and special education services:
- CEC and eLuma: Best Practices for Educating Online
- Suggestions to Help Autistic People Get Through This Pandemic
- Online Instruction Can (and Does) Work for Students with Disabilities
- When Children with ADHD attend School from Home: An Expert’s Tips
- Occupational Therapy and E-learning: Resources, Activities, and Next Steps
Montana-Specific Special Education
Traditional Public Schools and Public Charter Schools
Traditional public schools in Montana are required to identify and provide services to students with disabilities in accordance with IDEA. Assessments conducted by the school district are free and must be in line with IDEA. Each district in Montana is required to offer special education services, although these programs may differ between districts. Community Choice Schools will have the same responsibilities as traditional public schools. To learn more about the options available to your family, contact your local district about specific program options that are provided.
Private Schools
Private schools in Montana are not obligated to provide special education services, but they may choose to do so or partner with the Local Education Agency (LEA) to ensure equitable services at no cost to the parents. Parents have the right to choose a private school for their students with disabilities and are entitled to IDEA evaluations and procedural safeguards through the district. However, the district is not required to pay for tuition if the LEA has already provided a free appropriate public education for their child. Parents also have the right to an independent educational evaluation if the parent disagrees with an LEA’s evaluation. Additionally, students with special needs enrolled in a private school may be eligible for the Montana Special Needs Equal Opportunity Scholarship which can be used for education expenses including tuition, therapeutic treatments, and more.
Homeschooling
Homeschooling students are considered privately schooled for the purpose of determining eligibility for special education services and can receive equitable services. Some Montana homeschooling students with special needs may be eligible to participate in the Montana Special Needs Equal Opportunity Education Savings Account Program to cover homeschooling costs, therapeutic treatments, and more. Check the Office of Public Instruction’s ESA website for specific information about eligibility.
For more information on continuing your IEP while Homeschooling, visit our guide.
Transportation
In Montana, students with special needs who have an Individualized Education Program (IEP) are eligible to receive transportation assistance if enrolled in a traditional public school or public charter school. However, if enrolled in a private school, the situation varies. Suppose a student with a disability is placed in a private school by the public school district as part of the student’s IEP plan. In that case, the public school district is responsible for providing transportation services. If the student is placed in a private school by parents without district involvement, the school district would not be required to provide transportation services.
Additional Resources
These Montana-specific resources may help you further understand options for students with disabilities in their school of choice:
- Montana Office of Public Instruction Special Education website
- Montana Office of Public Instruction: Special Education in Montana
- IDEA Special Education Part B: Procedural Safeguards Notice – available in English and Spanish.
- Montana Empowerment Center
- Special Needs Resource Project – Montana
*This resource was created in partnership with Navigate School Choice.
