IDEA 2004 Archives - Special Education Action

Mediators: Know Who Constitutes an “Impartial Mediator”

01.25.2023

§300.506(c)(1) states mediators may not be an employee of the state education agency (SEA) or local education agency (LEA) that is involved in the education or care of the child.

Makes you think that the mediator lined up for your mediation will be impartial—and won’t be an employee of the SEA or LEA—right?

That sort of thinking does make sense, but in this Bizarro World of special education regulations and laws and school divisions and lawyers and parents and kids . . . Things don’t always turn out as they should.

Samantha Hollins Prohibits Recording of Resolution Meeting; Hangs Up on Parent

01.23.2023

July 13, 2020: Article first published. January 23, 2023: Republished with new introduction (see italics below).

January 24, 2020, Samantha Hollins, assistant superintendent of VDOE’s Department of Special Education and Student Services, provided incorrect guidance on the recording of resolution meetings.

She first indicated that there is a Virginia regulation prohibiting the recording of resolution meetings.

Not true.

Portrait of a Systemic Complaint, Part III: Virginia Dept. of Ed. Bends Rules for Fairfax County Public Schools

12.08.2022

August 24, 2020: This article first published.

December 8, 2022: This article was updated to include this mention of Office of Civil Rights (OCR) November 30, 2022, letter of findings about Fairfax County Public Schools and OCR’s resolution agreement with FCPS. OCR’s findings cite this systemic complaint and make it clear that parents should have prevailed in 2020.

When rules are set in concrete for parents, but set in Jell-O for school divisions, it is hard to believe that children will ever have their rights implemented in full.

If the very state education agency that is mandated by law to ensure the rights of children, is in noncompliance itself—and bends its own rules for school divisions—who will ensure the rights of children are implemented in full?

Who Attends IEP Meetings and What is an IEP Team?

09.26.2022

A parent asks for an IEP meeting.

The IEP case manager for the parent’s child replies with a time and a date, and states that the child’s regular education teacher will not be a part of the IEP team.

The school’s proposed IEP team does not comply with the Individuals with Disabilities Education Act (IDEA).

If the parent agrees to the meeting, he or she will be attending a meeting, but not an IEP meeting with an IEP team as defined by IDEA.

Are Schools Required To Conduct Their Own Evaluations After Independent Educational Evaluations Are Conducted?

03.28.2022

Are schools required to conduct their own evaluations after an independent educational evaluation (IEE) is conducted?

“No,” is the answer from Rory Duffield and Lourrie Duddridge, two senior specialists with Fairfax County Public Schools (FCPS), one of the largest school districts in the United States.

Students Must Meet These Requirements to Qualify for Special Education

06.07.2021

Your child is struggling in school. You suspect he or she might need special education.

Are your child’s struggles and your gut feeling enough for your child to qualify for special education?

No. However, your gut feeling and your child’s struggles shouldn’t be discounted either.

Call for Nominations, State Board of Education Advisory Committees

04.05.2021

Who is on your state’s advisory committee or panel?

How are members nominated and elected to serve?

When will the next round of individuals be nominated?

If you don’t already know the answers to these questions, please visit your state education agency’s (SEA) site (or call) to find out who is representing you and your children — and to perhaps seek a nomination to the committee yourself.

A Response to Intervention Cannot Be Used To Delay Or Deny An Evaluation For Special Education Services

03.30.2021

What Is A Response to Intervention?

According to the U.S. Department of Education (USDOE), in its 1.29.19 Letter to Zirkel, “IDEA does not define RTI . . . RTI is only mentioned in IDEA when determining eligibility for specific learning disability. 20 U.S.C. § 1414(b)(6)(B) and 34 C.F.R. § 300.307(a)(2).”

However, the United States Department of Education has stated that, “States and LEAs have an obligation to ensure that evaluations of children suspected of having a disability are not delayed or denied because of implementation of an RTI.”

Failing Grades Are Not A Prerequisite For Special Education Evaluations

03.26.2021

Failing grades are not a prerequisite for special education evaluation and/or IEPs or 504s.

The Individuals with Disabilities Education Act (IDEA) states that child find must include “Children who are suspected of being a child with a disability under §300.8 and in need of special education, even though they are advancing from grade to grade”. (Emphasis added. See 34 CFR 300.111(c)(1).)

Today: $81 Billion of $122 Billion Available; Contact Your School Division, Ask How It Will Use The Funds

03.24.2021

Today, $81 billion of the $122 billion in funding from the American Rescue Plan (ARP) Act of 2021 and the Elementary and Secondary School Emergency Relief (ESSER) fund will be available to all states, the District of Columbia, and Puerto Rico. President Biden will make this announcement later today, at the National Safe School Reopening Summit that is being hosted by the U.S. Department of Education.

Contact Your School Division

Within 30 days of receiving ARP ESSER funds, the local education agency (LEA) is required to seek input from the community in advance of making its plan publicly available.

Regulations and Case Law School Divisions, Lawyers, Hearing Officers, and State Education Agencies Use: IEP Implementation

03.01.2021

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

02.16.2021

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.

IDEA 2004