The special education process can be hard to figure out. It is often described as the “special education maze.” Fortunately, you can find help through various groups and resources. Below are a few.

You can also contact us at Legal Services Vermont and Vermont Legal Aid by filling out our form or calling 1-800-889-2047.

Vermont Family Network
The Vermont Family Network is a statewide network that provides families of children with any type of disability with information, training and help in the areas of education, health care, early intervention services, access to community resources, advocacy and parent-to-parent supports.

Vermont Federation of Families for Children’s Mental Health
The Vermont Federation of Families for Children’s Mental Health (VFFCMH) is a parent support organization that focuses primarily on the needs of children with emotional disabilities, including education and other community-based support services.

Special Needs Support Center  
The Special Needs Support Center offers programs, support and resources to families of children with special needs (disabilities) under the age of 21 who live in the greater Upper Valley area of Vermont and New Hampshire.

Department of Defense Education Directory for Children with Special Needs
This directory contains general information about early intervention and special education services available on or near military installations for the 50 states and the District of Columbia.

Wrightslaw  
Wrightslaw provides information about the law and strategies that parents may use to get their children the services and supports they need to get the education they are entitled to under the law.

Parental Rights
Parents have certain rights and responsibilities under special education law. The school must give parents notice in writing of these rights at least once each year and at certain other times. The document that schools use can be hard to understand. For help understanding your rights, you may want to talk to people who work for one of the support organizations listed above under Family Resources and Support.

Dispute Resolution
Parents and schools will not always agree about the education of a student with a disability. The first step to resolving disagreements is usually a meeting between the parents and the school. To request that meeting, contact your child’s special education teacher. If this does not work, there other options. Special education law provides three ways that parents and schools may use to resolve disagreements. You can contact the Vermont Agency of Education to ask for mediation, file a complaint, or ask for a due process hearing.

Resolving Special Education Disputes in Vermont: A Guide for Parents
This guide from Vermont Legal Aid can help you decide how to resolve a dispute with the school district. It gives information and resources to help you advocate for your child. It answers frequently asked questions about special education dispute resolution in Vermont. It guides parents and families who are going through the dispute resolution process without the help of a lawyer. It lists organizations that may be able to provide help in resolving disputes about your child’s education.

Educational Surrogate Parent Program for Children Who Don’t Have a Parent to Make Decisions
Some students do not have parents available to make educational decisions for them. There are several reasons for this. The student may be in state custody. The school district may be unable to identify or locate the student’s parents. Or, the student may be homeless. These students need someone to act as the parent in the special education process. In Vermont that person is called an “educational surrogate parent” or ESP. The ESP carries out the rights and responsibilities of the parent under the special education law.

Interagency Coordination for Children with Emotional Disabilities
Children and youth with emotional disabilities and their families often have many needs. They may need help from more than one agency to stay in their homes and communities. In 1990, Vermont passed a law called Act 264. This law was designed to help coordinate the services and supports they need. Click on the link above to learn more about interagency coordination.

Individualized Education Plans (IEP)
Questions and answers about IEPs and the special education process.

Transition
Every special education eligible student by age 16 must have, as part of their IEP, a plan to help them move from school to further education, training, employment and independent living. You may find these resources helpful: the U.S. Department of Education transition guide, and the Transition Toolkit from the Vermont Family Network.

There are three divisions in the U.S. Department of Education that are important to families of children with disabilities. Each has responsibility for different education laws.

U.S. Office of Special Education Programs (OSEP)
This office is responsible for the federal special education law known as the Individuals with Disabilities Education Act or IDEA.

U.S. Office for Civil Rights (OCR)
This office is responsible for Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA) which bans discrimination against people with disabilities.

U.S. Family Policy & Compliance Office (FPCO)
This office is responsible the Family Educational Rights and Privacy Act or FERPA. This law applies to confidentiality of the education records of all children.

Schools in Vermont must follow rules created by the State Board of Education when educating students. This includes students with disabilities. Some rules like the discipline, restraint and seclusion rules apply to all students. They are included here because they have special protections for students with disabilities.

Note: New rules are intended to go into effect on July 1, 2022. However, the legislature is now considering a bill that would delay the effective date of the rules on “Adverse Effect” and “Specific Learning Disability” to July 1, 2023.

Follow this link for the current rules.

Follow this link for the new rules.

Home School / Home Study
Parents in Vermont have the right to teach their children at home instead of sending them to public schools. This includes children with disabilities. But if parents choose to do this, their children do not have the same rights to special education services that children in public schools have. If you are thinking about home schooling your child, you should look at these rules.

Flexible Pathways to Graduation          
Not everyone learns the same way. The Vermont legislature understands this. In 2013, it passed a law called Act 77. This law made big changes in the way schools educate students and prepare them for graduation. All students can now meet graduation requirements through personalized learning plans that move them from grade to grade and to graduation through experiences inside and outside of the traditional classroom.

Personalized Learning Plans                
The personalized learning plan is a document created for students beginning in the 7th grade. The plan is created by the students, parents and teachers. It is based on the strengths, needs, interests and goals of the student. The plan describes what the student needs to learn; when, where and how they will learn the information they need to prepare themselves for graduation, continuing education, employment and participation in their communities.

Proficiency-Based Learning                  
Proficiency-based learning is a new way of deciding if a student has learned the skills and knowledge in a school content area. Schools no longer look at what a student has done in the traditional classroom. Schools now look at what the student knows and skills gained through multiple ways of learning. The goal is to make sure that students are prepared to continue their education, get a job and be active in their communities. This new way of deciding when a student is ready to graduate can be very helpful to students with disabilities.

FERPA: Access and Privacy of Records
The Family Education Rights and Privacy Act (FERPA) is a federal statute. It is designed to ensure that parents have access to their children’s educational records, and to protect the privacy rights of parents and children by limiting access to those records without a parent’s consent.