4 Parenting Tips to Help You Enforce Special Education Law

16. May 2013 · Comments Off · Categories: Education Law · Tags: , ,

Do you have a child with a impairment who gets special knowledge services?

Are you frustrated because it is hard to get needed educational services, for your child? Would you like a few parenting tips, to help you make sure that special education personnel follow IDEA? This article will discuss 4 parenting tips, that will help you in enforcing, the Individuals with Disabilities Education Act (IDEA). IDEA enforcement by law is to be the Office of Special Education Programs (OSEP), which is part of the Department of Education. They are responsible in making sure that states, are in compliance with special education law. States are responsible for making sure that individual school districts comply with IDEA.

The reality is that parents are the main enforcement mechanism of special education law. Below are 4 tips to help you ensure that your school district is complying with IDEA, for the benefit of your child.

1. Develop a working knowledge of the Individuals with Disabilities Education Act. By doing this, you will know where to look when you need a particular section of the law. For Example: If you would like to look at what is required for a free appropriate public education (FAPE), you would look under 300.101. Or Least Restrictive Environment (LRE) at 300.115.

2. Develop a working knowledge of your state regulations on special education (This is how the state is going to comply with IDEA). Some states regulations are actually better for children and parents, than federal law. By understanding these, you will be able to use them to ensure that your school district is complying with the educational law. You can get a copy of your state regulations from your state board of education.

3. Bring copies of the laws with you to any IEP meeting for your child, and place them on the table. You will be able to look up certain sections during the meeting, in case you need them.

By bringing up the special education laws that apply, you will make sure that you school district is following them. You also want to make sure, that the special education personnel in your district understand that you know the laws, and that you will be making sure that they follow them. Also, when you write letters to school personnel, always quote IDEA or the state regulations, for special education when you can. This will help bolster your case, for whatever you are asking for.

For example: IDEA states, that my child has the right to a free appropriate public education, which I believe that she is not receiving at this time. In order for my child with a learning disability to receive FAPE, she must receive the appropriate amount of reading remediation, using simultaneous-multi sensory reading program such as Orton-Gillingham.

4. If your school district is in non compliance with the procedures of IDEA, consider filing a state complaint. The state complaint is filed with your state board of education; special education department.

The complaint should state the violation, the number in IDEA that is being violated, what your evidence is of the violation, and also the proposed resolution of the violation. Also, you can put more than one violation in a complaint, but number them for easier reading and tracking. By doing these four things, you will be able to understand when special education personnel are not following special education law. It is sad that parents are the main enforcement arm of IDEA, but it is reality! Good luck, and stay focused, for the benefit of your child!

Student Loan Default Rates on the Rise

14. May 2013 · Comments Off · Categories: Student Loans · Tags: , ,

Updated statistics released by the U.S. Department of Education show that education loan defaults increased. According to the latest figures, the standard rate for government financial loans that entered pay back in 2008 is 13.8 %, up 2 % from the standard rate for federal student education financial loans that entered pay back in 2007. Percentage as the official national standard student education financial loans, which stood at 7.0 %, measures the percentage of borrowers who standard on federal student education financial loans within the first two years of pay back. But when the calculation is expanded to take into account defaults within the first three years of pay back, the national education loan standard percentage jumps to13.8 %.

The New College Grad: Unemployed, in Debt, and Defaulting

Under new rules implemented by the Higher Education Opportunity Act of 2008, the three-year calculation will soon be used as the standard measure of student loan default percentages. Beginning in 2014, colleges and universities whose default percentages rise above 30 percent will lose access to federal financial aid – government-funded grants and education loans – for incoming and existing students.

Current federal regulations cut off a school’s eligibility for federal student aid when the school’s default percentage exceeds 25 percent, but that guideline uses the more forgiving two-year default rate. Officials at the Education Department attribute the rise in student loan defaults to the soft job market and the ballooning number of recent graduates who are finding themselves unemployed and with a pressing need for debt relief.

Education Department officials also point to the growing amount of college loan debt being accumulated by students, particularly at pricier for-profit colleges and private nonprofit four-year universities. Among undergraduates who leave college with debt from school loans, the average student loan debt load is $23,186, according to FinAid.org. Using the three-year default rate calculation, the default rate for students of private nonprofit colleges and universities is 7.6 percent, compared to a 4-percent two-year default rate. Among public university students, the three-year default rate is 10.8 percent, versus a two-year default rate of 6 percent.

The biggest jump from two-year to three-year student loan defaults is seen among students from private for-profit colleges. Using the three-year measure, the default rate among these borrowers is 25 percent, more than double the two-year default rate of 11.6 percent.

New Rules Threaten Schools’ Access to Financial Aid

According to an analysis conducted by The Wall Street Journal, nearly 9 percent of higher education institutions would lose their ability to offer federal student aid if the new default rules on college loans were in full effect today. Under the current rules, only 1.6 percent of schools lost their eligibility for federal grants and college loans due to excessive student defaults. A 2003 report from the Inspector General for the Department of Education charged that some for-profit colleges had become so concerned about the rise in student loan defaults among their former students that the schools were masking their true institutional default rates. Two high-profile cases in 2008 and 2009 charged two for-profit school with paying off delinquent student loans in order to avoid having to report the defaults, a practice that violates federal financial aid regulations.

In response to these and other barrages of accusations being fired at for-profit colleges, the Department of Education is considering other regulations that would prevent the for-profits from misrepresenting the financial health of their graduates by manipulating student loan default percentages. In one proposed measure, termed the “gainful employment rule,” the Department of Education will not only look at student loan repayment rates but also graduates’ debt load from school loans as a percentage of the income these students earn after they leave school. By tying a for-profit school’s eligibility for federal student aid to gainful employment following college, the Education Department is hoping to stem the spiraling levels of student loan debt at for-profit colleges, which historically have produced the highest default rates.

Student loan default rates have garnered new attention from the Education Department not only because the default rate is rising but also because the department is under Congressional pressure to produce a more cost-efficient student lending process with fewer losses from defaulted loans. The Department of Education is expected to issue the finalized gainful employment rule later this spring.

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