The Legal Center for People with Disabilities and Older - The Everyday Guide to Special Education Law

A Handbook for Parents,Teachers and Other Professionals By Randy Chapman, Esq.

Copyright 2008 The LegalCenter for People with Disabilities and Older People, 455 ShermanStreet, Suite 130 Denver, Colorado 80203

All rights reserved. No partof this book may be reproduced or transmitted in any form or by anymeans, electronic or mechanical, including photocopying, recordingor by any information storage and retrieval system, without writtenpermission from The Legal Center, except for the inclusion of briefquotations in a review.

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This publication is designedto provide accurate and general information in regard to thesubject matter covered. It is sold with the understanding that theauthor and the publisher are not engaged in rendering legal orother professional services. If specific legal advice is required,please consult an attorney.

Second Edition

What Is a Free Appropriate PublicEducation?

Who Are Children with Disabilities?

What Is Special Education?

What Are Related Services?

Medical Services Versus Related Services

What Are Supplementary Aids and Services?

What Are Assistive Technology Devices andServices?

Extended School Year

School Records and Confidentiality

II. Least Restrictive Environment

The Courts and LRE

Supplementary Aids and Services

LRE and the IEP

Initial Evaluation

Referral for Initial Evaluation

Consent

Screening

Evaluation Process

Specific Learning Disabilities

Severe Discrepancy Standard

Attention Deficit Disorder and AttentionDeficit Hyperactivity Disorder

Re-evaluation

Summary of Performance

Independent Educational Evaluations

Who Are the Members of the IEP Team?

Team Absences

What Are the Components of the IEP?

Developing the IEP and Special Factors

Transfer Students

Transfer Within the Same State

Transfer from Outside the State

Transition Services

Specific Services

Reviewing, Revising, and Amending the IEP

Amending the IEP

Using the IEP Process

Hints for Parents

Hints for Educators and Other Members of theIEP Team

Conclusion

The IEP Process

Informal Dispute Resolution Procedures

Procedural Safeguards

Prior Written Notice

Procedural Safeguards Notice

Surrogate ParentS

Impartial Due Process Hearings

Due Process Complaint Notice

Response to the Due Process Complaint Notice.

Response to the Specific Issues Raised inthe Due Process Complaint Notice

Sufficiency of the Due Process ComplaintNotice

Amending the Due Process ComplaintNotice

Mediation

Resolution through Mediation Is LegallyBinding

Mediation Means Finding a Middle Course

Resolution Session

Resolution Session Settlement Agreement

Impartial Due Process Hearing

Hearing Issues

Timeline for Requesting a Hearing

Rights in the Hearing Process

Burden of Proof

Qualifications of the Hearing Officer

Timeline for Hearing Officer Decision

Appeal ProcesS

Administrative Appeal

Civil Action

Attorneys Fees.

The Stay-put Rule

State Education Agency Complaint Process

Filing a Complaint with the State EducationAgency

Thoughts and Hints about DisputeResolution

Dispute Resolution Timeline

Discipline Overview

Manifestation Determination

Provision of Educational Services

Functional Behavioral Assessment

Authority of School Personnel

Special Circumstances

Manifestation Determination

The Manifestation Determination Process

If the Behavior Is a Manifestation of theStudents Disability

If the Behavior Is Determined NOT to Be aManifestation

of the Students Disability

Interim Alternative Educational Setting

Appeals and Procedural Safeguards

Notice

Disciplinary Appeal Process

Expedited Hearings and the Authority of theHearing Officer

Expedited Hearing Timeline

Authority of the Hearing Officer

Placement during Disciplinary Appeals

What About Children Who Havent BeenDetermined

Eligible for Special Education?

What Happens If the School District Does NotKnow the Student Has a Disability?

What If the Parent Requests that the StudentBe Evaluated after the Student Is in the Disciplinary Process?

What To Do If Your Child Is Suspended

Private School Placements by the PublicSchools

Private School Placements by Parents

Because the Public School Program IsInappropriate

Students Whose Parents Choose Private SchoolPlacement

Child Find

Service Coordination and Planning

Services Plalns for Parentally-placedPrivate School Children with Disabilities

Appeal Process for Parentally-Placed PrivateSchool Children

What Is a Free Appropriate Public Educationunder Section 504?

Who Is a Person with a Disability under504?

Examples of 504 Accommodations

Evaluation under Section 504

Standardized Assessments

Assistive Technology and Section 504

Discipline and 504

Procedural Safeguards under Section 504

The Americans with Disabilities Act

Title III and Private Schools

Disability Harassment

Retaliation

Community Access

Filing Complaints With the Office For CivilRights

Infant or Toddler with a Disability

Early Intervention Services

Part C Service Providers

Natural Environments

Individualized Family Service Plan

Content of the Individualized Family ServicePlan

Parent Consent

Service Coordinator

Transition from Part C Early InterventionServices

Procedural Safeguards

Stay-put

Conclusion

I wrote this book primarilyto help students, parents, advocates, and other professionalsbetter understand the Individuals with Disabilities Education Act(IDEA). Congress, most recently, amended the IDEA in 2004.Subsequently, the Department of Education adopted regulationsimplementing the IDEA 2004 that were effective July 5, 2006. Thisedition of The Everyday Guide addresses the major changes in theIDEA 2004 including references to the Department of Educationregulations. The IDEA statute is very detailed and, for the mostpart, the regulations follow the statute without adding muchclarification. So, I have only referred to the regulations where Ithought they provided additional information or clarified thestatute. I have also tried to make the law a little lessconfusing.

By saying I wrote this bookprimarily for students, parents, and advocates, I dont mean thatit isnt also intended for teachers and other educators. Mostteachers and educators advocate for children with disabilities, ingeneral, and their own students, in particular. They just advocatefrom within the educational system. So, while the book is writtenfrom a parent perspective, the information is also intended to helpthose who have answered the call to become a member of that mosthonorable of professions, teachers.

This book is not intendedto be a legal treatise on special education case law. The book ismeant to be an everyday guide to special education law to helpparents, advocates, students with disabilities, and educators tounderstand the basic requirements of the IDEA, Section 504 of theRehabilitation Act of 1973 and Title II of the Americans withDisabilities Act.