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Special Ed 101
IEP Yesterday - will be reconvened at a later date
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<blockquote data-quote="Sheila" data-source="post: 45299" data-attributes="member: 23"><p>It sounds as if you know this is misinformation.</p><p></p><p></p><p></p><p>More misinformation. Parents don't file for manifestation hearings. Unless otherwise addressed in the IEP, a student with-an IEP can be suspended for 10 days throughout the school year. At that point, the law dictates that a manifestation hearing be held.</p><p></p><p>You might want to do some reading at <a href="https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf" target="_blank">https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf</a> . The Feds specifically state that IDEA " emphasizes a proactive</p><p>approach to behaviors that interfere</p><p>with learning by requiring that, for</p><p>children with disabilities whose</p><p>behavior impedes their learning or that</p><p>of others, the IEP Team consider, as</p><p>appropriate, and address in the childs</p><p>IEP, the use of positive behavioral</p><p>interventions, and other strategies to</p><p>address the behavior. (See section</p><p>614(d)(3)(B)(i) of the Act). This</p><p>provision should ensure that children</p><p>who need behavior intervention plans to</p><p>succeed in school receive them."</p><p></p><p></p><p>This is a non-compliance issue by the sd. Perhaps a 5-day suspension is in order. </p><p></p><p><a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cstatute%2CI%2CB%2C614%2C" target="_blank">http://idea.ed.gov/explore/view/p/,root,statute,I,B,614,</a></p><p></p><p>(B) Individualized education program team.--The term `individualized education program team' or `IEP Team' means a group of individuals composed of--</p><p></p><p>(i) the parents of a child with a disability;</p><p></p><p>(ii) not less than 1 regular education teacher of such child (if the child is, or may be, participating in the regular education environment);</p><p></p><p>(iii) not less than 1 special education teacher, or where appropriate, not less than 1 special education provider of such child;</p><p></p><p>(iv) a representative of the local educational agency who--</p><p></p><p>(I) is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities;</p><p></p><p>(II) is knowledgeable about the general education curriculum; and</p><p></p><p>(III) is knowledgeable about the availability of resources of the local educational agency;</p><p></p><p>(v) an individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in clauses (ii) through (vi);</p><p></p><p>(vi) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and</p><p></p><p>(vii) whenever appropriate, the child with a disability.</p><p></p><p>(C) IEP team attendance.--</p><p></p><p>(i) Attendance not necessary.--A member of the IEP Team shall not be required to attend an IEP meeting, in whole or in part, if the parent of a child with a disability and the local educational agency agree that the attendance of such member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting.</p><p></p><p>(ii) Excusal.--A member of the IEP Team may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services, if--</p><p></p><p>(I) the parent and the local educational agency consent to the excusal; and</p><p></p><p>(II) the member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting.</p><p></p><p>(iii) Written agreement and consent required.--A parent's agreement under clause (i) and consent under clause (ii) shall be in writing.</p><p></p><p></p><p></p><p>Excellent!</p><p></p><p></p><p>Request it and have it written into the minutes. Be sure and keep a copy for your files.</p><p></p><p>Let us know how it goes.</p></blockquote><p></p>
[QUOTE="Sheila, post: 45299, member: 23"] It sounds as if you know this is misinformation. More misinformation. Parents don't file for manifestation hearings. Unless otherwise addressed in the IEP, a student with-an IEP can be suspended for 10 days throughout the school year. At that point, the law dictates that a manifestation hearing be held. You might want to do some reading at [url]https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf[/url] . The Feds specifically state that IDEA " emphasizes a proactive approach to behaviors that interfere with learning by requiring that, for children with disabilities whose behavior impedes their learning or that of others, the IEP Team consider, as appropriate, and address in the childs IEP, the use of positive behavioral interventions, and other strategies to address the behavior. (See section 614(d)(3)(B)(i) of the Act). This provision should ensure that children who need behavior intervention plans to succeed in school receive them." This is a non-compliance issue by the sd. Perhaps a 5-day suspension is in order. [url]http://idea.ed.gov/explore/view/p/%2Croot%2Cstatute%2CI%2CB%2C614%2C[/url] (B) Individualized education program team.--The term `individualized education program team' or `IEP Team' means a group of individuals composed of-- (i) the parents of a child with a disability; (ii) not less than 1 regular education teacher of such child (if the child is, or may be, participating in the regular education environment); (iii) not less than 1 special education teacher, or where appropriate, not less than 1 special education provider of such child; (iv) a representative of the local educational agency who-- (I) is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; (II) is knowledgeable about the general education curriculum; and (III) is knowledgeable about the availability of resources of the local educational agency; (v) an individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in clauses (ii) through (vi); (vi) at the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and (vii) whenever appropriate, the child with a disability. (C) IEP team attendance.-- (i) Attendance not necessary.--A member of the IEP Team shall not be required to attend an IEP meeting, in whole or in part, if the parent of a child with a disability and the local educational agency agree that the attendance of such member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting. (ii) Excusal.--A member of the IEP Team may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services, if-- (I) the parent and the local educational agency consent to the excusal; and (II) the member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting. (iii) Written agreement and consent required.--A parent's agreement under clause (i) and consent under clause (ii) shall be in writing. Excellent! Request it and have it written into the minutes. Be sure and keep a copy for your files. Let us know how it goes. [/QUOTE]
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IEP Yesterday - will be reconvened at a later date
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