What must the IEP team review to determine whether the behavior is a manifestation of the child’s disability?
What must the IEP team review to determine whether the behavior is a manifestation of the child’s disability? The team must review all relevant information in the child’s file, including the IEP, teacher observations, and information from the parent, to determine if the conduct in ...
- Must the Procedural Safeguards brochure be given to parents each time they provide permission for evaluation?
Must the Procedural Safeguards brochure be given to parents each time they provide permission for evaluation? No. The Procedural Safeguards notice (formerly known as the Parental Rights brochure) must be provided upon initial referral or parental request for evaluation, upon request by a parent ...
- How to document the agreement between parent and district regarding reevaluation
How does the district document the agreement between it and the parent that a reevaluation is unnecessary? The district may document the agreement on the Review of Existing Evaluation Data form or on the Minutes page of an Individualized Education Program form. Documentation must indicate tha ...
- Must the student be reevaluated once every three years?
Must the student be reevaluated once every three years? The IDEA 2004 states that a reevaluation is necessary every three years, unless the parent and district agree that a reevaluation is unnecessary and no CST meeting will be scheduled.
- Is parental consent for evaluation required for “screenings”?
Is parental consent for evaluation required for “screenings”? No. The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation is not an evaluation for eligibility for special education and related services.
- Is there a timeline for the initial evaluation of a student?
Is there a timeline for the initial evaluation of a student? The Child Study Team (CST) must determine if the student is a child with a disability within 60 calendar days of receiving parental consent for an initial evaluation. The district documents the date upon which it received the signed ...
- Are there additional requirements when school districts use Part B funds for early intervening services?
Are there additional requirements when school districts use Part B funds for early intervening services? Yes. Each school district that develops and maintains a system of early intervening services shall annually report to the Office of Public Instruction on: The number of students served thro ...
- Early Intervening Services vs. Response to Intervention (RtI)
How is early intervening different from the Response to Intervention (RtI) process? The term “Early Intervening Services” refers to a broad application of support services and includes activities such as professional development, evaluation, and support for students who are not yet ...
- What types of activities are included in Early Intervening Services?
What types of activities are included in Early Intervening Services? Activities that can be funded as early intervening services include: Professional development for teachers and other school staff to improve the delivery of scientifically based academic instruction and behavioral interventi ...
- What are early intervening services?
The IDEA 2004 allows a school district to use up to 15 percent of its Part B funds to provide support to students who have not been identified as eligible for special education services. These services are referred to as “Early Intervening Services” and are available in the general ...
- Conditions for non-identification of special ed student by district - IDEA 2004
What are the two additional conditions under which a school district would not be deemed to have knowledge that a student is a student with disabilities? 1) The parent has not allowed an evaluation of the child; and 2) the parent has refused special education and related services for their child.
- Special education eligiblity based on behavior or performance - IDEA 2004 rule
In IDEA ’97, a school was thought to have knowledge that a student not yet eligible for special education is a student with disabilities if he or she demonstrated behavior or performance indicating the need for special education. Did the reauthorization change this? Yes. That language h ...
- Discipline- timeline for expedited due process hearings
Has the timeline for an expedited due process hearing changed? The expedited hearing must take place within 20 school days of the hearing request and a determination shall be issued within 10 school days after the hearing.
- Discipline - new special circumstance for the 45 school day removal
What new special circumstance for the 45 school day removal has been added? A school is permitted to remove a child to an interim alternative educational setting for 45 school days if a student has inflicted serious bodily injury upon another person while at school, on school premises, or at a ...
- Discipline - What is “serious bodily injury”?
What is “serious bodily injury”? Serious bodily injury means bodily injury which involves a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, as def ...
- Discpline- What new special circumstance for the 45 school day removal has been added?
What new special circumstance for the 45 school day removal has been added? A school is permitted to remove a child to an interim alternative educational setting for 45 school days if a student has inflicted serious bodily injury upon another person while at school, on school premises, or at a ...
- Discipline-Has the definition of “day” regarding the 45 day removal changed?
Has the definition of “day” regarding the 45 day removal changed? The 45 day disciplinary removal to an interim alternative educational setting has changed from calendar days to school days.
- Discipline- What issues may a school district consider when deciding to order a change in placement
What issues may a school district consider when deciding to order a change in placement for a child with disabilities due to a violation of a school district code of conduct? School personnel may consider any unique circumstances on a case-by-case basis when determining to remove a student wit ...
- Special education records
How long do you keep a student's IEP after they have graduated and left the school? Is there a release form or something that must be signed before you may destroy the records? All of the information regarding retention of special education records can be found on Local Government Retention Sch ...
- What are the legal parameters for classroom instruction utilizing paraprofessionals?
What are the legal parameters for classroom instruction utilizing paraprofessionals? The administrative rule adopted by the Board of Public Education in relation to Instructional Aides/Paras is set forth below. A school district may also have policies that deal with this issue. Legal Division Of ...
