SPECIAL EDUCATION Q
and A
Mediation - Next Steps
The Cost of Special Education Services and IDEA
The Area Board would like to hear from parents regarding
Districts' interpretation of recent changes to federal law and California's'
subsequent reaction to those changes which allow only a small proportional
amount of dollars for special education services and supports to children
unilaterally placed by parents in private schools.
Recent clarification to federal special education law
regarding the use of federal dollars for special education services
has moved California to interpret that only federal dollars need
to be used to serve children in private schools. The interpretation by
some districts mean that children who have previously been receiving special
education services from their local district would now be limited to a
finite amount of dollars and that what was formally called an IEP is now
something
quite different. Further, some California districts believe that they no
longer have to provide the services outlined in the IEP to the extent that
they had heretofore.
The Area Board would like to know your stories regarding
this matter. Have you been told by your District
that your child, placed in a private school by you, no longer is entitled
to all the special education services he/she was receiving? Send
us your stories at michaelr@areaboard3.org
Parents Participation: Parents must be-
-
included on the team that determines the child's eligibility
for services
-
part of the "IEP TEAM" that develops, reviews and revises
the IEP
-
included in the group that makes decisions about the educational
placement of their child.
Access to Information: Parents are entitled to-
-
a copy of the evaluation report and documentation of the
eligibility determination
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notice of the determination that there was no need for additional
data to determine the child's initial or continued eligibility and the
reasons for it
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notice of their right to request an eligibility assessment
In Conducting The Evaluation, An Local Education Agency
(LEA) Must:
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use a variety of assessment tools and strategies to gather
relevant functional and developmental information, including information
provided by the PARENT
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not use any single procedure as the sole criterion for determining
the child's eligibility or the child's appropriate educational program
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use technically sound instruments to assess the relative
contribution of cognitive and behavioral factors, in addition to physical
or developmental factors
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ensure the tests and other evaluation materials are selected
and administered so as not to be discriminatory on a racial or cultural
basis and that they are provided in the child's native language or mode
of communication, unless clearly not feasible to do so
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ensure that standardized tests given to the child have been
validated for the specific purpose used, administered to trained and knowledgeable
personnel and administered following the instructions provided by the producer
of the test
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ensure that the child is assessed in all of suspected disability
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ensure provision of assessment tools and strategies yielding
relevant information that directly assists persons in determining the child's
educational needs.
IEP Contents
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Present Educational Performance
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Measurable Annual Goals
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Special Education, Aids and Services, and Program Modifications
and Supports
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Degree of LRE: Explanation of the extent to which
the child will not participate with non disabled students in the
regular class and in extracurricular and nonacademic activities
-
Modifications to State and District wide Assessments
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Commencement, Frequency, Location and Duration of Services
and Modifications
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Transition Needs and Services: Starting at age 14
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Progress Measurements and Reports
Effective July 1, 2005
Special Education Due Process
The Office of Administrative Hearings will now manage all mediation and due process matters related to Special Education.
.
Office of Administrative Hearings
Special Education Unit
Phone : 916.323.6876
Fax: 916.322.8014
.
.
Stay Put Provision
A child with a disability MUST remain in his or her
current placement during the pendency of any due process proceeding, UNLESS:
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the child's parents and the educational agency agree otherwise
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school personnel unilaterally- suspend or place the child
in an interim alternative educational setting or another setting for 10
days or less or place the child in an interim alternative educational setting
for 45 days or less for an offense involving weapons, illegal drugs, or
controlled substance
-
a hearing officer, upon the request of the school personnel,
orders a change in placement to an interim alternative educational setting
for 45 days or less because the child's current placement is substantially
likely to result in injury to the child or others
Further revisions and additional clarifying documents to
the special education law IDEA should be released by the end of
February 1999. Further, it has been said that the final regulations will
have some surprises to even those who have been following the legislation
closely. In the meantime you may wish to monitor the following sites:
Improving America's Schools Act of 1994
@www.ed.gov/legislation/ESEA/toc.html
Special Education Law
.
@ www.edlaw.net/public/contents.htm
Either of the sites will provide you with relevant and timely
information regarding the release of new regulations.
