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  1. questionHow does the Child Study Team determine the existence of a specific learning disability when using the RtI model?
    How does the Child Study Team determine the existence of a specific learning disability when using the RtI model? The Child Study Team must determine that the student demonstrates a significantly low rate of achievement relative to the student's age and ability levels in at least one of the fol ...
  2. questionHow does the Child Study Team determine the existence of a specific learning disability when using the RtI model?
  3. questionCan a school district choose to still use a severe discrepancy model to identify a child with a specific learning disability?
    Can a school district choose to still use a severe discrepancy model to identify a child with a specific learning disability? Yes. The criteria for establishing the existence of a severe discrepancy have not changed. A district may choose to continue to use a severe discrepancy model for ident ...
  4. questionHow have the criteria for specific learning disability changed?
    How have the criteria for specific learning disability changed? The IDEA 2004 no longer allows a state to require only the use of a severe discrepancy formula for the identification of specific learning disabilities. Rather, the law now allows a school district to also use a Response to Interv ...
  5. questionWhat happens if the Youth Court does not make a surrogate appointment in a timely manner?
    What happens if the Youth Court does not make a surrogate appointment in a timely manner? The youth court is obligated to make the appointment within 20 days of receipt of the paperwork submitted by the school district. If the youth court fails to act within 20 days, the individual nominated i ...
  6. questionWhat does the school district do when it finds that two parties may act as the parent, when one of the parties is, in fact, the child’s parent?
    What does the school district do when it finds that two parties may act as the parent, when one of the parties is, in fact, the child’s parent? When the child’s parent still maintains rights with regard to education, that parent makes decisions regarding special education.
  7. questionWhat does the school district do when it finds that two parties may act as the parent, when one of the parties is, in fact, the child’s parent?
    What does the school district do when it finds that two parties may act as the parent, when one of the parties is, in fact, the child’s parent? When the child’s parent still maintains rights with regard to education, that parent makes decisions regarding special education.
  8. questionWhat is the school district’s responsibility for children who are wards of the state?
    What is the school district’s responsibility for children who are wards of the state? The school district must make reasonable efforts to ensure that a surrogate parent is appointed within the 30-day timeline.
  9. questionDoesn’t the foster parent need to have an ongoing long-term relationship with the child before the foster parent can act as the parent?
    Doesn’t the foster parent need to have an ongoing long-term relationship with the child before the foster parent can act as the parent? No. The IDEA 2004 has removed that requirement.
  10. questionIs a surrogate parent required when a child is placed into a permanent or temporary foster home and the parents’ rights have been permanently removed by a court?
    Is a surrogate parent required when a child is placed into a permanent or temporary foster home and the parents’ rights have been permanently removed by a court? No. In this case, the foster parent can act as a parent for the child.
  11. questionWhat is the surrogate parent requirement for unaccompanied homeless youth?
    What is the surrogate parent requirement for unaccompanied homeless youth? If an unaccompanied homeless youth enrolls in a school district, administrators must ensure that a surrogate parent is appointed within the 30-day timeline.
  12. questionSurrogate Parent - Timeline
    What is the timeline for surrogate parent appointment A surrogate parent must be appointed by the youth court not more than 30 days after the school district determines that the child needs a surrogate parent
  13. questionIEP Meeting Excusal - Must the request for excusal identify the members to be excused by name or by area of
    Must the request for excusal identify the members to be excused by name or by area of curriculum or related service? The best practice is to identify the name and area of curriculum for each member requested to be excused.
  14. questionIf the parent agrees to the excusal of specific IEP Team members but does not attend
    If the parent agrees to the excusal of specific IEP Team members but does not attend the meeting, must a new request for the excusal of specific IEP Team members be done for the rescheduled IEP meeting? No
  15. questionWhat if the parent does not agree to the excusal of specific IEP Team members?
    What if the parent does not agree to the excusal of specific IEP Team members? The members must attend the IEP meeting.
  16. questionWhat if the parent does not return the request for the excusal of specific IEP Team members?
    What if the parent does not return the request for the excusal of specific IEP Team members? The members must attend the IEP meeting.
  17. questionIEP Meeting Excusal - Parental Notification
    When should the request for excusal be presented to the parent? The request may be given to the parent at any time prior to the meeting. The request for excusal can be sent at the same time as the IEP meeting invitation.
  18. questionIEP Meeting Excusal - Documentation
    How is the excusal from the IEP meeting documented? The Office of Public Instruction has provided a sample form for this. Any excusal must clearly document the parent’s consent for excusal prior to the IEP meeting and the member(s) to be excused. Copies of the written input from excused ...
  19. questionIEP Meeting Excusal -What if the written input is not provided in time for prior review and consideration by the parent?
    What if the written input is not provided in time for prior review and consideration by the parent? The IEP Team member must attend the meeting.
  20. questionHow far in advance of the IEP meeting must the parent be provided written input by any excused IEP Team members?
    How far in advance of the IEP meeting must the parent be provided written input by any excused IEP Team members? The IDEA 2004 provides no guidance as to the time lines for providing the written input to the parent.
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