This article focuses on IEP Implementation-related regulation and case law that school divisions, school division lawyers, hearing officers, and state education agencies use in documents they issue.
Know This About FAPE
FAPE is an acronym for Free Appropriate Public Education.
Free Appropriate Public Education is not the definition of FAPE.
If you don’t know it already, it is time to learn the definition of FAPE.
In order to know if the school division and its teachers are providing FAPE, you need to know what it is.
§300.323(c)
The articles in this series will share the IDEA 2004 regulations that have been cited by lawyers who represent school divisions, by hearing officers, and by state education agencies, to buttress their arguments and/or decisions.
One goal of this series is to identify usage trends. Each article will be dedicated to one regulation. The articles will be routinely updated to include when, where, how, and who most recently cited the regulations.
It’s the Law: Mediation
Article Update: July 31, 2020, the United States Department of Education (USDOE) Office of Special Education and Rehabilitative Services (OSEP) released a informal guidance “regarding whether a parent may be required to sign a confidentiality agreement in order to take part in mediation.” This article has been updated to reflect OSEP’s guidance. The document is included at the bottom of this article.
There’s a lot to get fired up about when it comes to special education, but mediations get me hotter than a tin roof during a heat wave.
Why?
Lot’s of places to get snagged if you aren’t careful and/or don’t even know these briar patches exist.