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Special Ed 101
Questions-just had first part of difficult child's IEP
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<blockquote data-quote="Sheila" data-source="post: 34867" data-attributes="member: 23"><p>No, they can't. They are not saying he doesn't need it, they are saying they don't have the staff. If they can't provide what your child needs, they must contract with someone that can provide the service or hire appropriately trained staff.</p><p></p><p>Whether the problem is a shortage of staff or the cost of hiring appropriate staff is the school districts problem.</p><p></p><p>See <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> :</p><p></p><p>Discussion: Section 300.34(a) and</p><p>section 602(26) of the Act state that</p><p>related services include other</p><p>supportive services that are required to</p><p>assist a child with a disability to benefit</p><p>from special education. We believe this</p><p>clearly conveys that the list of services</p><p>in § 300.34 is not exhaustive and may</p><p>include other developmental, corrective,</p><p>or supportive services if they are</p><p>required to assist a child with a</p><p>disability to benefit from special</p><p>education. It would be impractical to</p><p>list every service that could be a related</p><p>service, and therefore, no additional</p><p>language will be added to the</p><p>regulations.</p><p></p><p>Consistent with §§ 300.320 through</p><p>300.328, each childs IEP Team, which</p><p>includes the childs parent along with</p><p>school officials, determines the</p><p>instruction and services that are needed</p><p>for an individual child to receive FAPE.</p><p>In all cases concerning related services,</p><p>the IEP Teams determination about</p><p>appropriate services must be reflected in</p><p>the childs IEP, and those listed services</p><p>must be provided in accordance with</p><p>the IEP at public expense and at no cost</p><p>to the parents. Nothing in the Act or in</p><p>the definition of related services</p><p>requires the provision of a related</p><p>service to a child unless the childs IEP</p><p>Team has determined that the related</p><p>service is required in order for the child</p><p>to benefit from special education and</p><p>has included that service in the childs</p><p>IEP.</p><p></p><p>As an example, transportation is also a related service. The US Dept comments are:</p><p></p><p>Comment: A few commenters stated</p><p>that the definition of transportation</p><p>should require transportation to be</p><p>provided between school and other</p><p>locations in which IEP services are</p><p>provided. Other commenters requested</p><p>that the definition explicitly define</p><p>transportation as door-to-door services,</p><p>including provisions for an aide to</p><p></p><p>escort the child to and from the bus</p><p>each day.</p><p>Discussion: A childs IEP Team is</p><p>responsible for determining whether</p><p>transportation between school and other</p><p>locations is necessary in order for the</p><p>child to receive FAPE. Likewise, if a</p><p>childs IEP Team determines that</p><p>supports or modifications are needed in</p><p>order for the child to be transported so</p><p>that the child can receive FAPE, the</p><p>child must receive the necessary</p><p>transportation and supports at no cost to</p><p>the parents. We believe the definition of</p><p>transportation is sufficiently broad to</p><p>address the commenters concerns.</p><p>Therefore, we decline to make the</p><p>requested changes to the definition.</p><p>Changes: None.</p><p>Comment: Some commenters</p><p>recommended removing the term</p><p>special transportation from the</p><p>definition of transportation because the</p><p>term gives the impression that adapted</p><p>buses are used for a separate and</p><p>different transportation system, when,</p><p>in fact, adapted buses are part of the</p><p>regular transportation fleet and system.</p><p>These commenters stated that adapted</p><p>buses should only be used as a separate,</p><p>special transportation service if the</p><p>childs IEP indicates that the</p><p>transportation needs of the child can be</p><p>met only with transportation services</p><p>that are separate from the transportation</p><p>services for all children.</p><p>Discussion: We do not believe it is</p><p>necessary to make the change requested</p><p>by the commenters. It is assumed that</p><p>most children with disabilities will</p><p>receive the same transportation</p><p>provided to nondisabled children,</p><p>consistent with the LRE requirements in</p><p>§§ 300.114 through 300.120, unless the</p><p>IEP Team determines otherwise. While</p><p>we understand the commenters</p><p>concern, adapted buses may or may not</p><p>be part of the regular transportation</p><p>system in a particular school system. In</p><p>any case, if the IEP Team determines</p><p>that a child with a disability requires</p><p>transportation as a related service in</p><p>order to receive FAPE, or requires</p><p>supports to participate in integrated</p><p>transportation with nondisabled</p><p>children, the child must receive the</p><p>necessary transportation or supports at</p><p>no cost to the parents.</p><p></p><p>In other words, if a child require "X" for FAPE, cost, inconvenience, nor lack of staff are valid reasons for not providing it.</p><p></p><p>Now, how do you get it in? Your best chance may be to use a parent attachment to the IEP at <a href="https://web.archive.org/web/20091022104839/http://geocities.com/Athens/Oracle/1580/twin_documents.html" target="_blank">https://web.archive.org/web/20091022104839/http://geocities.com/Athens/Oracle/1580/twin_documents.html</a> . List your proposals before you go to the next meeting, fill the form in as you go. Have a copy made at the end of the meeting and leave one with-the sd committee chair.</p><p></p><p>Include your BIP proposals also.</p><p></p><p>Let us know how it goes.</p></blockquote><p></p>
[QUOTE="Sheila, post: 34867, member: 23"] No, they can't. They are not saying he doesn't need it, they are saying they don't have the staff. If they can't provide what your child needs, they must contract with someone that can provide the service or hire appropriately trained staff. Whether the problem is a shortage of staff or the cost of hiring appropriate staff is the school districts problem. See [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] : Discussion: Section 300.34(a) and section 602(26) of the Act state that related services include other supportive services that are required to assist a child with a disability to benefit from special education. We believe this clearly conveys that the list of services in § 300.34 is not exhaustive and may include other developmental, corrective, or supportive services if they are required to assist a child with a disability to benefit from special education. It would be impractical to list every service that could be a related service, and therefore, no additional language will be added to the regulations. Consistent with §§ 300.320 through 300.328, each childs IEP Team, which includes the childs parent along with school officials, determines the instruction and services that are needed for an individual child to receive FAPE. In all cases concerning related services, the IEP Teams determination about appropriate services must be reflected in the childs IEP, and those listed services must be provided in accordance with the IEP at public expense and at no cost to the parents. Nothing in the Act or in the definition of related services requires the provision of a related service to a child unless the childs IEP Team has determined that the related service is required in order for the child to benefit from special education and has included that service in the childs IEP. As an example, transportation is also a related service. The US Dept comments are: Comment: A few commenters stated that the definition of transportation should require transportation to be provided between school and other locations in which IEP services are provided. Other commenters requested that the definition explicitly define transportation as door-to-door services, including provisions for an aide to escort the child to and from the bus each day. Discussion: A childs IEP Team is responsible for determining whether transportation between school and other locations is necessary in order for the child to receive FAPE. Likewise, if a childs IEP Team determines that supports or modifications are needed in order for the child to be transported so that the child can receive FAPE, the child must receive the necessary transportation and supports at no cost to the parents. We believe the definition of transportation is sufficiently broad to address the commenters concerns. Therefore, we decline to make the requested changes to the definition. Changes: None. Comment: Some commenters recommended removing the term special transportation from the definition of transportation because the term gives the impression that adapted buses are used for a separate and different transportation system, when, in fact, adapted buses are part of the regular transportation fleet and system. These commenters stated that adapted buses should only be used as a separate, special transportation service if the childs IEP indicates that the transportation needs of the child can be met only with transportation services that are separate from the transportation services for all children. Discussion: We do not believe it is necessary to make the change requested by the commenters. It is assumed that most children with disabilities will receive the same transportation provided to nondisabled children, consistent with the LRE requirements in §§ 300.114 through 300.120, unless the IEP Team determines otherwise. While we understand the commenters concern, adapted buses may or may not be part of the regular transportation system in a particular school system. In any case, if the IEP Team determines that a child with a disability requires transportation as a related service in order to receive FAPE, or requires supports to participate in integrated transportation with nondisabled children, the child must receive the necessary transportation or supports at no cost to the parents. In other words, if a child require "X" for FAPE, cost, inconvenience, nor lack of staff are valid reasons for not providing it. Now, how do you get it in? Your best chance may be to use a parent attachment to the IEP at [url]https://web.archive.org/web/20091022104839/http://geocities.com/Athens/Oracle/1580/twin_documents.html[/url] . List your proposals before you go to the next meeting, fill the form in as you go. Have a copy made at the end of the meeting and leave one with-the sd committee chair. Include your BIP proposals also. Let us know how it goes. [/QUOTE]
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Questions-just had first part of difficult child's IEP
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