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Special Ed 101
And The Plot Thickens!!(Updated 12/6)
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<blockquote data-quote="slsh" data-source="post: 104224" data-attributes="member: 8"><p>Good heavens, sped director sure is slippery, isn't she. I know this is horrifically daunting and emotionally draining, but this person has shot herself in the foot, in my humble opinion, so doggone many times that you really shouldn't have too horrible a time getting him in an appropriate educational placement. </p><p></p><p>OK, now you've gotten me researching IDEA again. :wink: It's a good law but it can be a bear to slog through. These are quotes from the <a href="http://idea.ed.gov/explore/home" target="_blank">law</a> :</p><p></p><p>Regarding reevaluations:</p><p></p><p>"<strong>A public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with </strong>34 CFR 300.304 through 300.311:</p><p></p><p>If the public agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or</p><p><strong>If the childs parent or teacher requests a reevaluation</strong>.</p><p></p><p>A reevaluation conducted under 34 CFR 300.303(a):</p><p></p><p><strong>May occur not more than once a year, unless the parent and the public agency agree otherwise</strong>; and</p><p>Must occur at least once every 3 years, unless the parent and the public agency agree that a reevaluation is unnecessary."</p><p></p><p></p><p>Prior written notice - which I don't interpret you receive regarding either his change in placement (to homebound) nor their refusal to do FIE. This is a biggie if it goes to due process because one of the first things hearing officers are supposed to look at is if there were any procedural violations. If there were then it *really* boosts your case and makes the SD look suspect:</p><p></p><p>" ``(3) <strong>Written prior notice to the parents of the child</strong>, in </p><p> accordance with subsection (c)(1), whenever the local </p><p> educational agency--</p><p> ``(A) <strong>proposes to initiate or change; or</strong></p><p><strong> ``(B) refuses to initiate or change,</strong></p><p><strong> the identification, evaluation, or educational placement of the </strong></p><p><strong> child, or the provision of a free appropriate public education </strong></p><p><strong> to the child</strong>."</p><p></p><p>When they give you prior written notice (PWN) they must include:</p><p></p><p>"``(c) Notification Requirements.--</p><p> ``(1) Content of prior written notice.--The notice required </p><p> by subsection (b)(3) shall include--</p><p> ``(A) a description of the action proposed or </p><p> refused by the agency;</p><p> ``(B) <strong>an explanation of why the agency proposes or </strong></p><p><strong> refuses to take the action and a description of each </strong></p><p><strong> evaluation procedure, assessment, record, or report the </strong></p><p><strong> agency used as a basis for the proposed or refused </strong></p><p><strong> action;</strong> ``(C) a statement that the parents of a child with a </p><p> disability have protection under the procedural </p><p> safeguards of this part and, if this notice is not an </p><p> initial referral for evaluation, the means by which a </p><p> copy of a description of the procedural safeguards can </p><p> be obtained;</p><p> ``(D) <strong>sources for parents to contact to obtain </strong></p><p><strong> assistance in understanding the provisions of this part;</strong> ``(E) <strong>a description of other options considered by </strong></p><p><strong> the IEP Team and the reason why those options were </strong></p><p><strong> rejected</strong>; and</p><p> ``(F) a description of the factors that are relevant </p><p> to the agency's proposal or refusal."</p><p></p><p>Changes to the IEP:</p><p></p><p>" ``(D) Agreement.--In making changes to a child's IEP </p><p> after the annual IEP meeting for a school year, <strong>the </strong></p><p><strong> parent of a child with a disability and the local </strong></p><p><strong> educational agency may agree not to convene an IEP </strong></p><p><strong> meeting for the purposes of making such changes, and </strong></p><p><strong> instead may develop a written document to amend or </strong></p><p><strong> modify the child's current IEP</strong>.</p><p> ``(E) Consolidation of iep team meetings.--To the </p><p> extent possible, the local educational agency shall </p><p> encourage the consolidation of reevaluation meetings for </p><p> the child and other IEP Team meetings for the child.</p><p> ``(F) Amendments.--<strong>Changes to the IEP may be made </strong></p><p><strong> either by the entire IEP Team or, as provided in </strong></p><p><strong> subparagraph (D),</strong> by amending the IEP rather than by </p><p> redrafting the entire IEP. Upon request, a parent shall </p><p> be provided with a revised copy of the IEP with the </p><p> amendments incorporated."</p><p></p><p>LRE:</p><p>"``(5) Least restrictive environment.--</p><p> ``(A) In general.--To the maximum extent </p><p> appropriate, children with disabilities, including </p><p> children in public or private institutions or other care </p><p> facilities, are educated with children who are not </p><p> disabled, and special classes, separate schooling, or </p><p> other <strong>removal of children with disabilities from the </strong></p><p><strong> regular educational environment occurs only when the </strong></p><p><strong> nature or severity of the disability of a child is such </strong></p><p><strong> that education in regular classes with the use of </strong></p><p><strong> supplementary aids and services cannot be achieved </strong></p><p><strong> satisfactorily</strong>."</p><p></p><p>Placement:</p><p></p><p>" ``(e) Educational Placements.--Each local educational agency or </p><p>State educational agency shall ensure that <strong>the parents</strong> of each child </p><p>with a disability <strong>are members of any group that makes decisions on the </strong></p><p><strong>educational placement of their child</strong>."</p><p></p><p></p><p>Change of placement:</p><p></p><p>"``(1) Authority of school personnel.--</p><p> ``(A) Case-by-case determination.--School personnel </p><p> may consider any unique circumstances on a case-by-case </p><p> basis when determining whether to order a change in </p><p> placement for a child with a disability who violates a </p><p> code of student conduct.</p><p> ``(B) Authority.--School personnel under this </p><p> subsection may <strong>remove a child with a disability </strong>who </p><p> violates a code of student conduct from their current </p><p> placement <strong>to an appropriate interim alternative </strong></p><p><strong> educational setting, another setting, or suspension, for </strong></p><p><strong> not more than 10 school days </strong>(to the extent such </p><p> alternatives are applied to children without </p><p> disabilities).</p><p> ``(C) Additional authority.--If school personnel </p><p> seek to order a change in placement that would exceed 10 </p><p> school days and the behavior that gave rise to the </p><p> violation of the school code is determined not to be a </p><p> manifestation of the child's disability pursuant to </p><p> subparagraph (E), the relevant disciplinary procedures </p><p> applicable to children without disabilities may be </p><p> applied to the child in the same manner and for the same </p><p> duration in which the procedures would be applied to </p><p> children without disabilities, except as provided in </p><p> section 612(a)(1) although it may be provided in an </p><p> interim alternative educational setting.</p><p> ``(D) Services.--<strong>A child with a disability who is </strong></p><p><strong> removed from the child's current placement </strong>under </p><p> subparagraph (G) (irrespective of whether the behavior </p><p> is determined to be a manifestation of the child's </p><p> disability) or subparagraph (C) shall--</p><p> ``(i) <strong>continue to receive educational </strong></p><p><strong> services, as provided in section 612(a)(1), so as </strong></p><p><strong> to enable the child to continue to participate in </strong></p><p><strong> the general education curriculum, although in </strong></p><p><strong> another setting, and to progress toward meeting </strong></p><p><strong> the goals set out in the child's IEP</strong>; and</p><p> ``(ii) <strong>receive, as appropriate, a functional </strong></p><p><strong> behavioral assessment, behavioral intervention </strong></p><p><strong> services and modifications, that are designed to </strong></p><p><strong> address the behavior violation so that it does not </strong></p><p><strong> recur.</strong> ``(E) Manifestation determination.--</p><p> ``(i) &lt;&lt;NOTE: Deadline.&gt;&gt; In general.--Except </p><p> as provided in subparagraph (B), <strong>within 10 school </strong></p><p><strong> days of any decision to change the placement of a </strong></p><p><strong> child with a disability because of a violation of </strong></p><p><strong> a code of student conduct, the local educational </strong></p><p><strong> agency, the parent, and relevant members of the </strong></p><p><strong> IEP Team (as determined by the parent and the </strong></p><p><strong> local educational agency) shall review all </strong></p><p><strong> relevant information in the student's file, </strong></p><p><strong> including the</strong></p><p><strong></strong></p><p><strong>[[Page 118 STAT. 2727]]</strong></p><p><strong></strong></p><p><strong> child's IEP, any teacher observations, and any </strong></p><p><strong> relevant information provided by the parents to </strong></p><p><strong> determine--</strong> ``(I) if the conduct in question was </p><p> caused by, or had a direct and </p><p> substantial relationship to, the child's </p><p> disability; or</p><p> ``(II) if the conduct in question </p><p> was the direct result of the local </p><p> educational agency's failure to </p><p> implement the IEP.</p><p> ``(ii) Manifestation.--If the local </p><p> educational agency, the parent, and relevant </p><p> members of the IEP Team determine that either </p><p> subclause (I) or (II) of clause (i) is applicable </p><p> for the child, the conduct shall be determined to </p><p> be a manifestation of the child's disability.</p><p> ``(F) Determination that behavior was a </p><p> manifestation.--If the local educational agency, the </p><p> parent, and relevant members of the IEP Team make the </p><p> determination that the conduct was a manifestation of </p><p> the child's disability, the IEP Team shall--</p><p> ``(i) conduct a functional behavioral </p><p> assessment, and implement a behavioral </p><p> intervention plan for such child, provided that </p><p> the local educational agency had not conducted </p><p> such assessment prior to such determination before </p><p> the behavior that resulted in a change in </p><p> placement described in subparagraph (C) or (G);</p><p> ``(ii) in the situation where a behavioral </p><p> intervention plan has been developed, review the </p><p> behavioral intervention plan if the child already </p><p> has such a behavioral intervention plan, and </p><p> modify it, as necessary, to address the behavior; </p><p> and</p><p> ``(iii) <strong>except as provided in subparagraph </strong></p><p><strong> (G), return the child to the placement from which </strong></p><p><strong> the child was removed, unless the parent and the </strong></p><p><strong> local educational agency agree to a change </strong>of </p><p> placement as part of the modification of the </p><p> behavioral intervention plan.</p><p> ``(G) Special circumstances.--School personnel may </p><p> remove a student to an interim alternative educational </p><p> setting for not more than 45 school days without regard </p><p> to whether the behavior is determined to be a </p><p> manifestation of the child's disability, in cases where </p><p> a child--</p><p> ``(i) carries or possesses a weapon to or at </p><p> school, on school premises, or to or at a school </p><p> function under the jurisdiction of a State or </p><p> local educational agency;</p><p> ``(ii) knowingly possesses or uses illegal </p><p> drugs, or sells or solicits the sale of a </p><p> controlled substance, while at school, on school </p><p> premises, or at a school function under the </p><p> jurisdiction of a State or local educational </p><p> agency; or</p><p> ``(iii) has inflicted serious bodily injury </p><p> upon another person while at school, on school </p><p> premises, or at a school function under the </p><p> jurisdiction of a State or local educational </p><p> agency.</p><p> ``(H) Notification.--<strong>Not later than the date on </strong></p><p><strong> which the decision to take disciplinary action is made, </strong></p><p><strong> the local educational agency shall notify the parents of </strong></p><p><strong> that decision, and of all procedural safeguards accorded under this </strong></p><p><strong> section.</strong> ``(2) Determination of setting.--<strong>The interim alternative </strong></p><p><strong> educational setting in subparagraphs (C) and (G) of paragraph </strong></p><p><strong> (1) shall be determined by the IEP Team."</strong></p><p></p><p>OK, I know - it's a lot of stuff and it's daunting but it actually is a law that works for us. Basically, it boils down to they *must* do evaluation if parent requests it. If they don't they must give you prior written notice (PWN) and it must include your rights and safeguards as well as sources for parents to contact to obtain assistance in understanding the provisions of this part, a description of other options considered by IEP team and they reason why those options were rejected, and a description of the factors that are relevant to the SD's refusal. You should have also received PWN re: the homebound instruction with the same information in it. Additionally, since this change in placement is based on a conduct violation, they must within 10 days hold a manifestation determination hearing to see if the behavior was related to disability. The law states that after 10 days suspension, he must be returned to prior educational placement unless IEP team (again, you *are* part of the team - I cannot emphasize this enough) agrees to a change in placement. </p><p></p><p>They are still required to provide FAPE for suspended students in Special Education. I'm pretty sure this includes related services. </p><p></p><p>IEP can be revised and addendums added if parent agrees - you didn't.</p><p></p><p>You need to get your objections documented. Certified mail, factual letter. Sheila's plus something along the lines of:</p><p></p><p>"I received the ARD document in the mail today. It contains an addendum (see attached copy) and a change of placement, as well as termination of related services, that I did not agree to."</p><p></p><p>Her blurb about medications just sent my blood pressure through the roof. Sheesh. His medication management is none of her business. But from a factual standpoint, maybe a statement to the effect:</p><p></p><p>"Due to difficult child's dramatic change in function over the past several months, several physicians have been involved in reviewing difficult child's treatment plan. However, it is not necessarily realistic to believe that a revised treatment plan will alleviate difficult children current educational difficulties. Again, this is why I requested a new FIE."</p><p></p><p>(Sheila does so much better with letters for others! :wink: )</p><p> </p><p>Every state must *must* have a protection and advocacy resource. The mandated advocacy group in Tx is <a href="http://www.advocacyinc.org/index.cfm" target="_blank">http://www.advocacyinc.org/index.cfm</a> They may not be able to help but they might. In IL, our group kind of picks and chooses what they are going to take on but they have been pretty good about referring me to other resources.</p><p></p><p>Hang in there - you're going to be dreaming about IDEA and it will be a good thing!!! :warrior:</p></blockquote><p></p>
[QUOTE="slsh, post: 104224, member: 8"] Good heavens, sped director sure is slippery, isn't she. I know this is horrifically daunting and emotionally draining, but this person has shot herself in the foot, in my humble opinion, so doggone many times that you really shouldn't have too horrible a time getting him in an appropriate educational placement. OK, now you've gotten me researching IDEA again. [img]:wink:[/img] It's a good law but it can be a bear to slog through. These are quotes from the [url="http://idea.ed.gov/explore/home"]law[/url] : Regarding reevaluations: "[b]A public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with [/b]34 CFR 300.304 through 300.311: If the public agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or [b]If the childs parent or teacher requests a reevaluation[/b]. A reevaluation conducted under 34 CFR 300.303(a): [b]May occur not more than once a year, unless the parent and the public agency agree otherwise[/b]; and Must occur at least once every 3 years, unless the parent and the public agency agree that a reevaluation is unnecessary." Prior written notice - which I don't interpret you receive regarding either his change in placement (to homebound) nor their refusal to do FIE. This is a biggie if it goes to due process because one of the first things hearing officers are supposed to look at is if there were any procedural violations. If there were then it *really* boosts your case and makes the SD look suspect: " ``(3) [b]Written prior notice to the parents of the child[/b], in accordance with subsection (c)(1), whenever the local educational agency-- ``(A) [b]proposes to initiate or change; or ``(B) refuses to initiate or change, the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to the child[/b]." When they give you prior written notice (PWN) they must include: "``(c) Notification Requirements.-- ``(1) Content of prior written notice.--The notice required by subsection (b)(3) shall include-- ``(A) a description of the action proposed or refused by the agency; ``(B) [b]an explanation of why the agency proposes or refuses to take the action and a description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;[/b] ``(C) a statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; ``(D) [b]sources for parents to contact to obtain assistance in understanding the provisions of this part;[/b] ``(E) [b]a description of other options considered by the IEP Team and the reason why those options were rejected[/b]; and ``(F) a description of the factors that are relevant to the agency's proposal or refusal." Changes to the IEP: " ``(D) Agreement.--In making changes to a child's IEP after the annual IEP meeting for a school year, [b]the parent of a child with a disability and the local educational agency may agree not to convene an IEP meeting for the purposes of making such changes, and instead may develop a written document to amend or modify the child's current IEP[/b]. ``(E) Consolidation of iep team meetings.--To the extent possible, the local educational agency shall encourage the consolidation of reevaluation meetings for the child and other IEP Team meetings for the child. ``(F) Amendments.--[b]Changes to the IEP may be made either by the entire IEP Team or, as provided in subparagraph (D),[/b] by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent shall be provided with a revised copy of the IEP with the amendments incorporated." LRE: "``(5) Least restrictive environment.-- ``(A) In general.--To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other [b]removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily[/b]." Placement: " ``(e) Educational Placements.--Each local educational agency or State educational agency shall ensure that [b]the parents[/b] of each child with a disability [b]are members of any group that makes decisions on the educational placement of their child[/b]." Change of placement: "``(1) Authority of school personnel.-- ``(A) Case-by-case determination.--School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a child with a disability who violates a code of student conduct. ``(B) Authority.--School personnel under this subsection may [b]remove a child with a disability [/b]who violates a code of student conduct from their current placement [b]to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days [/b](to the extent such alternatives are applied to children without disabilities). ``(C) Additional authority.--If school personnel seek to order a change in placement that would exceed 10 school days and the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child's disability pursuant to subparagraph (E), the relevant disciplinary procedures applicable to children without disabilities may be applied to the child in the same manner and for the same duration in which the procedures would be applied to children without disabilities, except as provided in section 612(a)(1) although it may be provided in an interim alternative educational setting. ``(D) Services.--[b]A child with a disability who is removed from the child's current placement [/b]under subparagraph (G) (irrespective of whether the behavior is determined to be a manifestation of the child's disability) or subparagraph (C) shall-- ``(i) [b]continue to receive educational services, as provided in section 612(a)(1), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child's IEP[/b]; and ``(ii) [b]receive, as appropriate, a functional behavioral assessment, behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.[/b] ``(E) Manifestation determination.-- ``(i) <<NOTE: Deadline.>> In general.--Except as provided in subparagraph (B), [b]within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the local educational agency, the parent, and relevant members of the IEP Team (as determined by the parent and the local educational agency) shall review all relevant information in the student's file, including the [[Page 118 STAT. 2727]] child's IEP, any teacher observations, and any relevant information provided by the parents to determine--[/b] ``(I) if the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or ``(II) if the conduct in question was the direct result of the local educational agency's failure to implement the IEP. ``(ii) Manifestation.--If the local educational agency, the parent, and relevant members of the IEP Team determine that either subclause (I) or (II) of clause (i) is applicable for the child, the conduct shall be determined to be a manifestation of the child's disability. ``(F) Determination that behavior was a manifestation.--If the local educational agency, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child's disability, the IEP Team shall-- ``(i) conduct a functional behavioral assessment, and implement a behavioral intervention plan for such child, provided that the local educational agency had not conducted such assessment prior to such determination before the behavior that resulted in a change in placement described in subparagraph (C) or (G); ``(ii) in the situation where a behavioral intervention plan has been developed, review the behavioral intervention plan if the child already has such a behavioral intervention plan, and modify it, as necessary, to address the behavior; and ``(iii) [b]except as provided in subparagraph (G), return the child to the placement from which the child was removed, unless the parent and the local educational agency agree to a change [/b]of placement as part of the modification of the behavioral intervention plan. ``(G) Special circumstances.--School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child's disability, in cases where a child-- ``(i) carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a State or local educational agency; ``(ii) knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of a State or local educational agency; or ``(iii) has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a State or local educational agency. ``(H) Notification.--[b]Not later than the date on which the decision to take disciplinary action is made, the local educational agency shall notify the parents of that decision, and of all procedural safeguards accorded under this section.[/b] ``(2) Determination of setting.--[b]The interim alternative educational setting in subparagraphs (C) and (G) of paragraph (1) shall be determined by the IEP Team."[/b] OK, I know - it's a lot of stuff and it's daunting but it actually is a law that works for us. Basically, it boils down to they *must* do evaluation if parent requests it. If they don't they must give you prior written notice (PWN) and it must include your rights and safeguards as well as sources for parents to contact to obtain assistance in understanding the provisions of this part, a description of other options considered by IEP team and they reason why those options were rejected, and a description of the factors that are relevant to the SD's refusal. You should have also received PWN re: the homebound instruction with the same information in it. Additionally, since this change in placement is based on a conduct violation, they must within 10 days hold a manifestation determination hearing to see if the behavior was related to disability. The law states that after 10 days suspension, he must be returned to prior educational placement unless IEP team (again, you *are* part of the team - I cannot emphasize this enough) agrees to a change in placement. They are still required to provide FAPE for suspended students in Special Education. I'm pretty sure this includes related services. IEP can be revised and addendums added if parent agrees - you didn't. You need to get your objections documented. Certified mail, factual letter. Sheila's plus something along the lines of: "I received the ARD document in the mail today. It contains an addendum (see attached copy) and a change of placement, as well as termination of related services, that I did not agree to." Her blurb about medications just sent my blood pressure through the roof. Sheesh. His medication management is none of her business. But from a factual standpoint, maybe a statement to the effect: "Due to difficult child's dramatic change in function over the past several months, several physicians have been involved in reviewing difficult child's treatment plan. However, it is not necessarily realistic to believe that a revised treatment plan will alleviate difficult children current educational difficulties. Again, this is why I requested a new FIE." (Sheila does so much better with letters for others! [img]:wink:[/img] ) Every state must *must* have a protection and advocacy resource. The mandated advocacy group in Tx is [url="http://www.advocacyinc.org/index.cfm"]http://www.advocacyinc.org/index.cfm[/url] They may not be able to help but they might. In IL, our group kind of picks and chooses what they are going to take on but they have been pretty good about referring me to other resources. Hang in there - you're going to be dreaming about IDEA and it will be a good thing!!! [img]:warrior:[/img] [/QUOTE]
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