WE ARE HERE TO HELP YOU AND YOUR CHILD THROUGH THEIR EDUCATIONAL JOURNEY. SEE Q AND A BELOW! PLEASE TAKE TIME TO CHECK OUT ALL THE RESOURCES WE HAVE AVAILABLE. BELOW YOU WILL FIND A COLLECTION OF QUESTIONS AND ANSWERS THAT HAVE BEEN SUBMITTED TO THE CENTER FOR SPECIAL EDUCATION ADVOCACY REGARDING IEP'S, SPECIAL EDUCATION PROCESSES, PARENT RIGHTS, DISCIPLINE AND SPECIAL EDUCATION, AND MUCH, MUCH MORE. QUESTIONS AND ANSWERS WILL BE ADDED REGULARLY. AS A PART OF OUR MISSION, WE ARE COMMITTED TO HELPING PARENTS BECOME EQUAL MEMBERS OF THE IEP PROCESS AND COLLABORATIVE MEMBERS OF THE ARD AND IEP PROCESS. WE ARE COMMITTED TO CONTINUOUSLY ANSWERING QUESTIONS AND BEING A SUPPORT AND RESOURCE TO ALL IN NEED OF INFORMATION REGARDING SPECIAL EDUCATION.
sECTION 1 -- iep QUESTIONS
Answer to question 0
WHAT IF A PARENT DOESN'T AGREE WITH THE DISTRICT ON THE PLACEMENT OF A CHILD?
Unanimous agreement is not required in an IEP meeting. The standard for agreement is general consensus. If the district feels strongly about the placement in spite of the parents objection, the parent does not have to sign or check 'agree' with regard to the IEP. The district will then have a short period of time (generally 10 days) to establish a reconvene ARD. During the reconvene ARD, the hope is to come to agreement and consensus of both the district and the parents. If agreement is not met, the parent has additional options and does not have to sign or check 'agree'. The next steps for the parent will depend on whether or not this is an initial placement or the district is attempting to change the current placement. What's known as the 'Stay Put Provision' comes into play if the child is in a current special education placement.
What information must an iep notice contain?
It must include the purose, time, and location of the meeting. By position, the required IEP team members who will be in attendance. By position, the other individuals on the IEP team who have knowledge or special expertise about the child. In addition if the child is 16, it must include information pertinent to transition planning.
What evidence may tend to show an lea predetermination of iep issues?
Essentially, the parent must prove with facts the "state of mind" of the school district in predetermining services or placements prior to gaining parent input, or demonstrate the district had an "unofficial" policy against doing certain things -- such as a policy to not provide 1-to-1 ABA services. The burden of proof is on the parents.
Must parents comply with an lea's pre-iep meeting deadline for providing their written input?
how long does an lea have to develop a child's initial iep?
30 days following the determination of a child's eligibility for special education services.
Which members are required to attend an iep meeting?
parents, one regular education teacher of the child, one special education teacher of the child, an LEA representative, and an individual who can interpret the instructional implications of evaluation results.
Can certain required members be excused from attending an iep meeting?
Yes, in two circumstances. If the school and the parent agree, in writing, and the individuals area is not being discussed. Second, if the school and parent agree, in writing, and it is in an area to be discussed, the member has to submit their commentary and observations in writing prior to the IEP meeting.
Can a parent verbally excuse a teacher from the iep meeting?
cAN THE LEA'S FAILURE TO INVITE PERSONS KNOWLEDGABLE ABOUT THE AVAILABILITY OF PUBLIC AGENCY RESOURCES DENY FAPE?
WHAT ARE THE MINIMUM PROCEDURAL REQUIREMENTS TO ENSURE PARENTAL INVOLVEMENT IN AN IEP MEETING?
NOTIFYING PARENTS EARLY ENOUGH TO ENSURE THEY WILL BE ABLE TO ATTEND; SCHEDULING THE MEETING AT A MUTUALLY AGREED-ON TIME AND PLACE; OFFER ALTERNATIVES SUCH AS PHONE CONFERENCE
IS PARENTAL CONSENT REQUIRED EACH TIME AN LEA INVITES OUTSIDE AGENCY REPS TO IEP MEETINGS ADDRESSING TRANSITION SERVICES?
what must an lea do to ensure meaningful participation by the parent?
interpreter if needed;
Does the parent have the right to record an iep meeting?
Generally speaking, yes. OSEP has advised that IEP meetings can be videotaped or audiotaped, to the extent an SEA or other public agency allows such activity.
mUST AN IEP BE COMPLETELY IN WRITING?
ARE IEP MEETING NOTES "EDUCATIONAL RECORDS" AS DEFINED BY IDEA AND FERPA?
cAN CHANGES BE MADE TO AN IEP DOCUMENT WITHOUT HOLDING AN IEP MEETING?
YES. IF THE PARENTS AND LEA AGREE, A WRITTEN DOCUMENT CAN BE ADDED TO THE IEP TO AMEND THE DOCUEMENT -- ONCE THE ANNUAL IEP HAS BEEN HELD.
DOES A DISTRICT HAVE TO ACCEPT AND IMPLEMENT AN INTRASTATE TRANSFER IEP?
NO. THEY CAN EITHER ACCEPT IT OR CREATE A NEW IEP.
SECTION 2: PARENT CONSENT
Answer to question 18
What activities require a parent's informed consent?
Initial evaluations, providing special education services, conducting a re-evaluation, permitting a parent to excuse a member of the IEP team in which their area will be discussed, and access to a parent's private insurance information
Does a parent's prior consent to an IEP bar the parent from later challending that IEP in a due process hearing?
Must a district obtain prior parental consent before it may review a student's current data?
What if an lea cannot obtain informed consent from the parent for the provision of special education services?
The school district cannot force special education services on a child against the will of a parent.
must an lea obtain parental consent each time it wishes to excuse an iep team member from attending and iep meeting?
section 3: Discipline
does the idea define the behaviors in a school's code of conduct?
Are short-term removals always consecutive school days?
are removals counted in calendar days or school days?
do in-school suspension days count as removal days under 34 cfr 300.530?
Depends. It will not count if: the child is allowed to participate in the gen ed curriculum; continue to receive services stipulated in the IEP; and to interact with non-disabled peers as much as they would in their current placement. This is a very slippery slope.
can parents demand their child receive services if removed for 10 days or less in a school year?
No, unless services are provided during suspensions for non-disabled students.
Is parent input required for short-term suspensions or removals?
What action must an lea take on the date it decides to change a child's placement because of a violation of a code of conduct?
1. notify parents of change; and 2. provide parents with a copy of the IDEA procedural safeguards notice
under what circumstances can an lea unilaterally remove a child to an iaes without regard to whether the behavior was a manifestation of the disability?
possesses a weapon on school property, knowingly uses or possesses or sells illegal drugs, has inflicted serious bodily harm or injury to another person on school grounds
can an lea unilaterally extend a 45 day alternative placement?
must an alternative placement allow participation in general curriculum and progress toward iep goals?
if a special education student in an alternative placement commits a second alternative Disciplinary "qualifying" offense, can an lea continue the placement for the second violation?
what is the timeline to conduct a manifestation determination review?
It must be held "within 10 school days of any decision to change the placement of a child with a disability due to a violation of the code of conduct.