This document discusses serving students with medical needs. It covers three topics: 1) placing and serving students with medical needs in the least restrictive environment (LRE), discussing relevant laws, cases, and takeaways; 2) home/hospital instruction, outlining rules for general education and special education students; and 3) serving students with allergies or multiple chemical sensitivities, addressing eligibility for services under Section 504. For each topic, the document analyzes laws, case examples, and practical guidance for school districts.
The document provides an overview of extended school year (ESY) services for students with disabilities:
1) ESY services are provided beyond the regular school year to prevent regression of skills over breaks and support receipt of a free and appropriate public education.
2) The IEP team determines if a student needs ESY based on likelihood of regression and recoupment difficulties, not on category of disability.
3) ESY services must be comparable in quality and scope to the student's program during the regular school year.
SES Fall 2012 All Things Considered - Recent Decisions on the Written Offer o...Fagen Friedman & Fulfrost
1. The document discusses several cases related to the written offer of placement and follow through requirements.
2. In Student v. Buckeye Union School District, the court found that while the IEP did not need to provide an hour-by-hour account of services, it did need to specifically describe the goals that specialized academic instruction would target.
3. In Student v. West Covina USD, the court found a procedural violation that denied FAPE because required information like accommodations was left blank on the IEP, impeding parental participation.
The document discusses requirements and best practices for exiting students from special education. It covers three key areas:
1) Exiting based on determining a student no longer meets eligibility criteria, which requires reassessing the student in all suspected disability areas and documenting that the student no longer needs special education. Assessments must consider all available information and address all suspected areas of disability.
2) Properly convening IEP meetings, providing proper notice, and ensuring the IEP team makes exiting decisions rather than predetermining outcomes. Districts must also provide prior written notice of any decision to exit a student.
3) Case examples where districts failed to conduct comprehensive assessments, consider all relevant information, or provide proper
This document provides a summary of new decisions from the California Office of Administrative Hearings (OAH) related to special education law. Key cases addressed issues such as behavior, discipline, eligibility, independent educational evaluations, individualized education program implementation, least restrictive environment, and student nonattendance. The summaries explain the facts, decisions, and significance of each case. Overall, the document aims to inform readers about recent developments in special education legal issues decided by the OAH.
This document discusses legal requirements regarding the provision of one-to-one aides for students with disabilities. It summarizes two case examples where administrative law judges found that districts denied students a free appropriate public education (FAPE) by failing to provide a one-to-one aide. The document also outlines lessons for determining a student's need for an aide, including collecting data, observing the student, and considering alternative supports before assigning an aide. Overall, the document provides guidance on when districts must provide a one-to-one aide as part of FAPE.
SES Spring 2014 - Spotlight on Practice: Promotion, Retention, Grading and Gr...Fagen Friedman & Fulfrost
This document discusses promotion, retention, grading, and graduation policies for students with disabilities. It covers:
1. Promotion and retention decisions must follow district policy and consider individual student needs. IEP teams may develop individualized standards. Retention requires reconvening the IEP team to consider supports provided.
2. Grades for students with accommodations should not reflect them, while grades for students in modified curriculums should reflect achievement in the modification. Report cards and transcripts have different disclosure standards regarding disability status.
3. Graduation options include a regular diploma by meeting district standards or a certificate of completion. The IEP team must discuss graduation requirements. A regular diploma ends eligibility but
This document provides a summary of new decisions from the California Office of Administrative Hearings (OAH) related to special education law. It summarizes 6 cases related to the following topics: behavior interventions, consent for assessments, timely IEP meetings, least restrictive environment analysis, manifestation determinations, and issues regarding transfer students. The summaries explain the key facts, decisions and significance of each case. The document aims to help schools understand and apply these recent legal developments affecting special education in California.
The document provides an overview of extended school year (ESY) services for students with disabilities:
1) ESY services are provided beyond the regular school year to prevent regression of skills over breaks and support receipt of a free and appropriate public education.
2) The IEP team determines if a student needs ESY based on likelihood of regression and recoupment difficulties, not on category of disability.
3) ESY services must be comparable in quality and scope to the student's program during the regular school year.
SES Fall 2012 All Things Considered - Recent Decisions on the Written Offer o...Fagen Friedman & Fulfrost
1. The document discusses several cases related to the written offer of placement and follow through requirements.
2. In Student v. Buckeye Union School District, the court found that while the IEP did not need to provide an hour-by-hour account of services, it did need to specifically describe the goals that specialized academic instruction would target.
3. In Student v. West Covina USD, the court found a procedural violation that denied FAPE because required information like accommodations was left blank on the IEP, impeding parental participation.
The document discusses requirements and best practices for exiting students from special education. It covers three key areas:
1) Exiting based on determining a student no longer meets eligibility criteria, which requires reassessing the student in all suspected disability areas and documenting that the student no longer needs special education. Assessments must consider all available information and address all suspected areas of disability.
2) Properly convening IEP meetings, providing proper notice, and ensuring the IEP team makes exiting decisions rather than predetermining outcomes. Districts must also provide prior written notice of any decision to exit a student.
3) Case examples where districts failed to conduct comprehensive assessments, consider all relevant information, or provide proper
This document provides a summary of new decisions from the California Office of Administrative Hearings (OAH) related to special education law. Key cases addressed issues such as behavior, discipline, eligibility, independent educational evaluations, individualized education program implementation, least restrictive environment, and student nonattendance. The summaries explain the facts, decisions, and significance of each case. Overall, the document aims to inform readers about recent developments in special education legal issues decided by the OAH.
This document discusses legal requirements regarding the provision of one-to-one aides for students with disabilities. It summarizes two case examples where administrative law judges found that districts denied students a free appropriate public education (FAPE) by failing to provide a one-to-one aide. The document also outlines lessons for determining a student's need for an aide, including collecting data, observing the student, and considering alternative supports before assigning an aide. Overall, the document provides guidance on when districts must provide a one-to-one aide as part of FAPE.
SES Spring 2014 - Spotlight on Practice: Promotion, Retention, Grading and Gr...Fagen Friedman & Fulfrost
This document discusses promotion, retention, grading, and graduation policies for students with disabilities. It covers:
1. Promotion and retention decisions must follow district policy and consider individual student needs. IEP teams may develop individualized standards. Retention requires reconvening the IEP team to consider supports provided.
2. Grades for students with accommodations should not reflect them, while grades for students in modified curriculums should reflect achievement in the modification. Report cards and transcripts have different disclosure standards regarding disability status.
3. Graduation options include a regular diploma by meeting district standards or a certificate of completion. The IEP team must discuss graduation requirements. A regular diploma ends eligibility but
This document provides a summary of new decisions from the California Office of Administrative Hearings (OAH) related to special education law. It summarizes 6 cases related to the following topics: behavior interventions, consent for assessments, timely IEP meetings, least restrictive environment analysis, manifestation determinations, and issues regarding transfer students. The summaries explain the key facts, decisions and significance of each case. The document aims to help schools understand and apply these recent legal developments affecting special education in California.
SES Fall 2014: All Things Considered Serving Students With Hearing ImpairmentsFagen Friedman & Fulfrost
This document provides an overview of legal standards and requirements for serving students with hearing impairments. It discusses the IDEA's definition of a free appropriate public education (FAPE) as established in Rowley v. Hendrick Hudson Board of Education. It also examines California's higher standards for considering a student's preferred communication mode, providing assistive technology, and placing students in the least restrictive environment. Case examples are provided to illustrate how these standards have been applied regarding disputes over sign language interpretation, CART services, and oral vs. auditory-verbal therapy methods.
The document summarizes several recent decisions from the California Office of Administrative Hearings (OAH) related to special education law and policy. Key cases addressed issues of consent for assessments, discipline procedures for students who bring weapons to school, eligibility determinations, qualifications of service providers like nurses and aides, and whether a residential placement was necessary to provide a free appropriate public education. The document provides concise summaries of these OAH decisions in 1-3 sentences for each case.
This document discusses special education laws and responsibilities regarding students with disabilities and nonattendance issues. It covers California's compulsory attendance rules, defining truancy, child find obligations, eligibility determinations for students with emotional disturbances, addressing nonattendance in IEPs, and placement considerations. The document provides examples of court cases related to these issues and tips for IEP teams in evaluating and assisting students with nonattendance problems.
This document summarizes key aspects of transitions for students with disabilities from one educational setting to another. It discusses transitions from early intervention services to preschool, from preschool to elementary school, from one school district to another, and from high school to postsecondary activities. For each transition, it outlines legal requirements and considerations, including who is involved, required timelines, and what processes schools must undertake. It also summarizes a few relevant legal cases to illustrate issues that commonly arise regarding transitions.
SES Fall 2012 - Spotlight on Practice: Can I Play Ball? Special Education, Se...Fagen Friedman & Fulfrost
This document discusses special education laws and regulations regarding student participation in extracurricular activities. It provides examples of cases that address whether schools have met their obligations to provide supports and equal access for students with disabilities to participate. The main points are:
- IEPs must address any supports or modifications needed for students to participate in nonacademic/extracurricular activities. Schools must consider supports as part of FAPE.
- Schools must provide disabled students an equal opportunity to participate, which can include supports even if not listed in the IEP/504 plan.
- Cases found violations when schools failed to properly consider supports at IEP meetings or implement IEP provisions for extracurricular activities.
-
1) The document discusses the legal standards for determining eligibility for special education services under IDEA and California law. To be eligible, a student must have a qualifying disability and require special education as a result.
2) It examines what constitutes "special education", including the requirement for "specially designed instruction" to meet a student's unique needs. Case examples explore what types of support have been considered special education versus general education accommodations.
3) Through several case examples, it illustrates how courts and administrative hearings officers have analyzed whether students' needs could be met through general education or required special education, focusing on disability categories including autism, emotional disturbance, orthopedic impairment, and other health impairment.
The document provides an overview of the Office of Civil Rights (OCR) investigation and complaint resolution process under Section 504. It summarizes key steps in the OCR investigation including the complaint, jurisdiction determination, decision to close or pursue early resolution, investigation components, findings letter, resolution agreements, and monitoring. It also identifies common Section 504 issues that result in complaints such as procedural safeguards, evaluations and eligibility, bullying, discipline, accommodations, transportation, retaliation, and athletics. Practical response tactics for districts under investigation are outlined.
This document provides a summary of new developments in special education law from 2013, including three court cases. The first case found that California law allows trained, unlicensed school staff to administer insulin to students. The second case rejected a Section 504 damages claim regarding a student's suicide allegedly due to bullying, finding the school district did not demonstrate deliberate indifference. The third case refused to dismiss a damages claim where a student was allegedly constantly bullied and reports were ignored. The document discusses implications of these and other cases regarding administration of medication, bullying, procedural errors, residential placement, autism litigation, and other issues.
The document provides an overview of related services under IDEA and California law. It defines related services as transportation and other supportive services required to help a child with a disability benefit from special education. Specific related services discussed include physical therapy, occupational therapy, adapted physical education, transportation, and more. Case examples demonstrate how determinations of related service needs must be made on an individualized basis.
This document discusses eligibility categories for special education, focusing on Emotional Disturbance (ED), Other Health Impairment (OHI), and Specific Learning Disability (SLD).
It provides details on the federal and state definitions of ED and the five factors used to determine eligibility. Case studies examine issues around determining if a student's diagnosed mental illness or substance abuse is the primary cause of their difficulties. The document also discusses when "acting out" behaviors could indicate an ED versus social maladjustment.
For OHI, it explains that a medical diagnosis alone is not sufficient for eligibility and that the disability must actually limit a student's strength, vitality or alertness. The document concludes by noting that determining an
1) The document discusses four legal cases related to independent educational evaluations (IEEs).
2) The first case examined what constitutes an "unreasonable delay" when parents request funding for an IEE. The court found a four-month delay between the request and response was unreasonable.
3) The second case showed that districts must thoroughly review assessments before denying IEE requests, as the court found errors in the district's assessment and ordered them to fund the IEE.
4) The third case established that parents do not have an unlimited amount of time to request an IEE, setting a two-year statute of limitations.
5) The fourth case clarified that for an IEP team to
This document provides an overview of federal and state laws governing student records and confidentiality. It discusses the Family Educational Rights and Privacy Act (FERPA) and the Individuals with Disabilities Education Act (IDEA) as the primary laws protecting student privacy. It defines an "education record" under these laws and outlines the rights of parents and students to access, amend, and control disclosure of education records. The document examines what types of records meet the definition of an "education record" and certain exclusions to that definition.
This document discusses legal standards and emerging issues related to eligibility decisions for students on the autism spectrum. It provides an overview of key topics such as the definition of autism under IDEA and state law, appropriate assessment procedures, determining if criteria for autism are met, and whether a student requires special education. It examines case examples related to each topic and offers practice pointers for determining eligibility.
Spring 2014 Special Education in the Modern Age: Parent Participation in the...Fagen Friedman & Fulfrost
This document discusses ensuring parent participation in the IEP process. It covers:
1. Who qualifies as a "parent" under special education law, including divorced parents who both have rights to participate.
2. Conducting IEP meetings, including the right of parents to request meetings, receive proper notice, and have the meeting rescheduled if unable to attend. Meetings can only be held without parents if the district documents extensive efforts to secure their participation.
3. Developing the IEP, including the issues of predetermination where districts improperly decide issues before the IEP meeting preventing meaningful parent input, and the right of parents to request independent evaluations that the district must consider.
This document provides summaries of frequently asked questions regarding special education discipline. It addresses topics such as determining when a series of short-term removals constitutes a change of placement, what constitutes "substantially similar" behavior, procedural requirements for removals that result in a change of placement, who should conduct manifestation determinations, how to document manifestation determination proceedings, timelines for returning a student to their prior placement if a behavior is found to be a manifestation of their disability, the types of behaviors that justify removal to an interim alternative educational setting, and whether a district can place a student in an IAES more than once during a school year. The document provides concise answers to each question along with practice pointers for implementing the legal requirements
This document provides an overview of specialized education services at Irving Park Elementary for the 2011-2012 school year. It introduces the director and staff who provide special education and related services. It describes the types of special education services including inclusion, resource, and related services. It also summarizes key concepts like the Individuals with Disabilities Education Act, least restrictive environments, referral processes, individualized education programs, section 504 plans, accommodations, grading, discipline, and the roles of paraeducators.
The document summarizes key aspects of the Individuals with Disabilities Education Act (IDEA), including its history and amendments. It defines important terms like free appropriate public education, individualized education program, least restrictive environment, and extended school year. It also outlines requirements regarding evaluation, placement, discipline, private schooling, related services, and protections under Section 504 of the Rehabilitation Act of 1973. Major court cases that have interpreted and shaped the implementation of IDEA are referenced throughout.
Special Education - Least Restrictive Environment - Dr. William Allan Kritson...William Kritsonis
Dr. Kritsonis Recognized as Distinguished Alumnus
In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.”
Dr. William Allan Kritsonis, Public School Law, American With Disabilities Action, Due Process, Discrimination, Bill of Rights, Least Restrictive Environment
Chp[1]. 3 Special Education - Dr. William Allan KritsonisWilliam Kritsonis
Dr. William Allan Kritsonis Inducted into the William H. Parker Leadership Academy Hall of Honor (HBCU)
Remarks by Angela Stevens McNeil
July 26th 2008
Good Morning. My name is Angela Stevens McNeil and I have the privilege of introducing the next Hall of Honor Inductee, Dr. William Allan Kritsonis. Dr. Kritsonis was chosen because of his dedication to the educational advancement of Prairie View A&M University students. He earned a Bachelor’s degree in 1969 from Central Washington University in Ellensburg, Washington. In 1971, he earned his Master’s in Education from Seattle Pacific University. In 1976, he earned his PhD from the University of Iowa.
Dr. Kritsonis has served and blessed the field of education as a teacher, principal, superintendent of schools, director of student teaching and field experiences, invited guest professor, author, consultant, editor-in-chief, and publisher. He has also earned tenure as a professor at the highest academic rank at two major universities.
In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing through the Realms of Meaning.
In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies.
Dr. William Kritsonis is a well respected author of more than 500 articles in professional journals and several books. In 1983, Dr. Kritsonis founded the NATIONAL FORUM JOURNALS. These publications represent a group of highly respected scholarly academic periodicals. In 2004, he established the DOCTORAL FORUM – National Journal for Publishing and Mentoring Doctoral Student Research. The DOCTORAL FORUM is the only refereed journal in America committed to publishing doctoral students while they are enrolled in course work in their doctoral programs. Over 300 articles have been published by doctorate and master’s degree students and most are indexed in ERIC.
Currently, Dr. Kritsonis is a Professor in the PhD Program in Educational Leadership here at Prairie View A&M University.
Dr. William Kritsonis has dedicated himself to the advancement of educational leadership and to the education of students at all levels. It is my honor to bring him to the stage at this time as a William H. Parker Leadership Academy Hall of Honor Inductee.
SES Fall 2014: All Things Considered Serving Students With Hearing ImpairmentsFagen Friedman & Fulfrost
This document provides an overview of legal standards and requirements for serving students with hearing impairments. It discusses the IDEA's definition of a free appropriate public education (FAPE) as established in Rowley v. Hendrick Hudson Board of Education. It also examines California's higher standards for considering a student's preferred communication mode, providing assistive technology, and placing students in the least restrictive environment. Case examples are provided to illustrate how these standards have been applied regarding disputes over sign language interpretation, CART services, and oral vs. auditory-verbal therapy methods.
The document summarizes several recent decisions from the California Office of Administrative Hearings (OAH) related to special education law and policy. Key cases addressed issues of consent for assessments, discipline procedures for students who bring weapons to school, eligibility determinations, qualifications of service providers like nurses and aides, and whether a residential placement was necessary to provide a free appropriate public education. The document provides concise summaries of these OAH decisions in 1-3 sentences for each case.
This document discusses special education laws and responsibilities regarding students with disabilities and nonattendance issues. It covers California's compulsory attendance rules, defining truancy, child find obligations, eligibility determinations for students with emotional disturbances, addressing nonattendance in IEPs, and placement considerations. The document provides examples of court cases related to these issues and tips for IEP teams in evaluating and assisting students with nonattendance problems.
This document summarizes key aspects of transitions for students with disabilities from one educational setting to another. It discusses transitions from early intervention services to preschool, from preschool to elementary school, from one school district to another, and from high school to postsecondary activities. For each transition, it outlines legal requirements and considerations, including who is involved, required timelines, and what processes schools must undertake. It also summarizes a few relevant legal cases to illustrate issues that commonly arise regarding transitions.
SES Fall 2012 - Spotlight on Practice: Can I Play Ball? Special Education, Se...Fagen Friedman & Fulfrost
This document discusses special education laws and regulations regarding student participation in extracurricular activities. It provides examples of cases that address whether schools have met their obligations to provide supports and equal access for students with disabilities to participate. The main points are:
- IEPs must address any supports or modifications needed for students to participate in nonacademic/extracurricular activities. Schools must consider supports as part of FAPE.
- Schools must provide disabled students an equal opportunity to participate, which can include supports even if not listed in the IEP/504 plan.
- Cases found violations when schools failed to properly consider supports at IEP meetings or implement IEP provisions for extracurricular activities.
-
1) The document discusses the legal standards for determining eligibility for special education services under IDEA and California law. To be eligible, a student must have a qualifying disability and require special education as a result.
2) It examines what constitutes "special education", including the requirement for "specially designed instruction" to meet a student's unique needs. Case examples explore what types of support have been considered special education versus general education accommodations.
3) Through several case examples, it illustrates how courts and administrative hearings officers have analyzed whether students' needs could be met through general education or required special education, focusing on disability categories including autism, emotional disturbance, orthopedic impairment, and other health impairment.
The document provides an overview of the Office of Civil Rights (OCR) investigation and complaint resolution process under Section 504. It summarizes key steps in the OCR investigation including the complaint, jurisdiction determination, decision to close or pursue early resolution, investigation components, findings letter, resolution agreements, and monitoring. It also identifies common Section 504 issues that result in complaints such as procedural safeguards, evaluations and eligibility, bullying, discipline, accommodations, transportation, retaliation, and athletics. Practical response tactics for districts under investigation are outlined.
This document provides a summary of new developments in special education law from 2013, including three court cases. The first case found that California law allows trained, unlicensed school staff to administer insulin to students. The second case rejected a Section 504 damages claim regarding a student's suicide allegedly due to bullying, finding the school district did not demonstrate deliberate indifference. The third case refused to dismiss a damages claim where a student was allegedly constantly bullied and reports were ignored. The document discusses implications of these and other cases regarding administration of medication, bullying, procedural errors, residential placement, autism litigation, and other issues.
The document provides an overview of related services under IDEA and California law. It defines related services as transportation and other supportive services required to help a child with a disability benefit from special education. Specific related services discussed include physical therapy, occupational therapy, adapted physical education, transportation, and more. Case examples demonstrate how determinations of related service needs must be made on an individualized basis.
This document discusses eligibility categories for special education, focusing on Emotional Disturbance (ED), Other Health Impairment (OHI), and Specific Learning Disability (SLD).
It provides details on the federal and state definitions of ED and the five factors used to determine eligibility. Case studies examine issues around determining if a student's diagnosed mental illness or substance abuse is the primary cause of their difficulties. The document also discusses when "acting out" behaviors could indicate an ED versus social maladjustment.
For OHI, it explains that a medical diagnosis alone is not sufficient for eligibility and that the disability must actually limit a student's strength, vitality or alertness. The document concludes by noting that determining an
1) The document discusses four legal cases related to independent educational evaluations (IEEs).
2) The first case examined what constitutes an "unreasonable delay" when parents request funding for an IEE. The court found a four-month delay between the request and response was unreasonable.
3) The second case showed that districts must thoroughly review assessments before denying IEE requests, as the court found errors in the district's assessment and ordered them to fund the IEE.
4) The third case established that parents do not have an unlimited amount of time to request an IEE, setting a two-year statute of limitations.
5) The fourth case clarified that for an IEP team to
This document provides an overview of federal and state laws governing student records and confidentiality. It discusses the Family Educational Rights and Privacy Act (FERPA) and the Individuals with Disabilities Education Act (IDEA) as the primary laws protecting student privacy. It defines an "education record" under these laws and outlines the rights of parents and students to access, amend, and control disclosure of education records. The document examines what types of records meet the definition of an "education record" and certain exclusions to that definition.
This document discusses legal standards and emerging issues related to eligibility decisions for students on the autism spectrum. It provides an overview of key topics such as the definition of autism under IDEA and state law, appropriate assessment procedures, determining if criteria for autism are met, and whether a student requires special education. It examines case examples related to each topic and offers practice pointers for determining eligibility.
Spring 2014 Special Education in the Modern Age: Parent Participation in the...Fagen Friedman & Fulfrost
This document discusses ensuring parent participation in the IEP process. It covers:
1. Who qualifies as a "parent" under special education law, including divorced parents who both have rights to participate.
2. Conducting IEP meetings, including the right of parents to request meetings, receive proper notice, and have the meeting rescheduled if unable to attend. Meetings can only be held without parents if the district documents extensive efforts to secure their participation.
3. Developing the IEP, including the issues of predetermination where districts improperly decide issues before the IEP meeting preventing meaningful parent input, and the right of parents to request independent evaluations that the district must consider.
This document provides summaries of frequently asked questions regarding special education discipline. It addresses topics such as determining when a series of short-term removals constitutes a change of placement, what constitutes "substantially similar" behavior, procedural requirements for removals that result in a change of placement, who should conduct manifestation determinations, how to document manifestation determination proceedings, timelines for returning a student to their prior placement if a behavior is found to be a manifestation of their disability, the types of behaviors that justify removal to an interim alternative educational setting, and whether a district can place a student in an IAES more than once during a school year. The document provides concise answers to each question along with practice pointers for implementing the legal requirements
This document provides an overview of specialized education services at Irving Park Elementary for the 2011-2012 school year. It introduces the director and staff who provide special education and related services. It describes the types of special education services including inclusion, resource, and related services. It also summarizes key concepts like the Individuals with Disabilities Education Act, least restrictive environments, referral processes, individualized education programs, section 504 plans, accommodations, grading, discipline, and the roles of paraeducators.
The document summarizes key aspects of the Individuals with Disabilities Education Act (IDEA), including its history and amendments. It defines important terms like free appropriate public education, individualized education program, least restrictive environment, and extended school year. It also outlines requirements regarding evaluation, placement, discipline, private schooling, related services, and protections under Section 504 of the Rehabilitation Act of 1973. Major court cases that have interpreted and shaped the implementation of IDEA are referenced throughout.
Special Education - Least Restrictive Environment - Dr. William Allan Kritson...William Kritsonis
Dr. Kritsonis Recognized as Distinguished Alumnus
In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.”
Dr. William Allan Kritsonis, Public School Law, American With Disabilities Action, Due Process, Discrimination, Bill of Rights, Least Restrictive Environment
Chp[1]. 3 Special Education - Dr. William Allan KritsonisWilliam Kritsonis
Dr. William Allan Kritsonis Inducted into the William H. Parker Leadership Academy Hall of Honor (HBCU)
Remarks by Angela Stevens McNeil
July 26th 2008
Good Morning. My name is Angela Stevens McNeil and I have the privilege of introducing the next Hall of Honor Inductee, Dr. William Allan Kritsonis. Dr. Kritsonis was chosen because of his dedication to the educational advancement of Prairie View A&M University students. He earned a Bachelor’s degree in 1969 from Central Washington University in Ellensburg, Washington. In 1971, he earned his Master’s in Education from Seattle Pacific University. In 1976, he earned his PhD from the University of Iowa.
Dr. Kritsonis has served and blessed the field of education as a teacher, principal, superintendent of schools, director of student teaching and field experiences, invited guest professor, author, consultant, editor-in-chief, and publisher. He has also earned tenure as a professor at the highest academic rank at two major universities.
In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing through the Realms of Meaning.
In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies.
Dr. William Kritsonis is a well respected author of more than 500 articles in professional journals and several books. In 1983, Dr. Kritsonis founded the NATIONAL FORUM JOURNALS. These publications represent a group of highly respected scholarly academic periodicals. In 2004, he established the DOCTORAL FORUM – National Journal for Publishing and Mentoring Doctoral Student Research. The DOCTORAL FORUM is the only refereed journal in America committed to publishing doctoral students while they are enrolled in course work in their doctoral programs. Over 300 articles have been published by doctorate and master’s degree students and most are indexed in ERIC.
Currently, Dr. Kritsonis is a Professor in the PhD Program in Educational Leadership here at Prairie View A&M University.
Dr. William Kritsonis has dedicated himself to the advancement of educational leadership and to the education of students at all levels. It is my honor to bring him to the stage at this time as a William H. Parker Leadership Academy Hall of Honor Inductee.
Chp[1]. 3 special_education - Social environment - Lectures Notes William All...William Kritsonis
This document provides an overview of key terms, legislation, and policies related to special education in the United States. It discusses major laws like IDEA and Section 504, as well as concepts like IEPs, least restrictive environments, eligibility, evaluations, and the responsibilities of school districts. Key points covered include requirements for child find, evaluations, ARD committees, individualized education programs, inclusion in the general curriculum, statewide testing accommodations, procedural safeguards, private school placements, discipline procedures, and the relationship between IDEA and Section 504.
Dr. Kritsonis has traveled and lectured extensively throughout the United States and world-wide. Some international travels include Australia, New Zealand, Tasmania, Turkey, Italy, Greece, Monte Carlo, England, Holland, Denmark, Sweden, Finland, Russia, Estonia, Poland, Germany, Mexico, the Caribbean Islands, Mexico, Switzerland, Grand Cayman, Haiti, St. Maarten, St. John, St. Thomas, St. Croix, St. Lucia, Puerto Rico, Nassau, Freeport, Jamaica, Barbados, Martinique, Canada, Curacao, Costa Rico, Aruba, Venezuela, Panama, Bora Bora, Tahiti, Latvia, Spain, Honduras, and many more. He has been invited to lecture and serve as a guest professor at many universities across the nation and abroad.
The document discusses key legislation and provisions related to special education, including IDEA, Section 504, ADA, and NCLB. It outlines requirements for IEPs, evaluations, least restrictive environments, and parental involvement. Current practices in schools include standards-based education, inclusion, accountability, differentiated instruction, universal design for learning, evidence-based practices, response to intervention, and consideration of student diversity. The goal is for students with disabilities to feel accepted while receiving individually tailored instruction to meet their needs.
This document summarizes key legislation and elements related to special education. It outlines laws such as IDEA, ADA, NCLB, and Section 504 that promote inclusion and protect the rights of students with disabilities. It also describes core concepts in special education including standards-based education, accountability, evidence-based practice, response to intervention (RTI), universal design for learning (UDL), and differentiated instruction.
This document summarizes key legislation and elements related to special education. It outlines laws such as IDEA, ADA, NCLB, and Section 504 that promote inclusion and protect the rights of students with disabilities. It also describes core concepts in special education including standards-based education, evidence-based practice, response to intervention (RTI), universal design for learning (UDL), and differentiated instruction.
The document discusses key laws and concepts related to special education, including the No Child Left Behind Act, the Individuals with Disabilities Education Act, Response to Intervention, Universal Design for Learning, standards-based education, and inclusion. It emphasizes providing students with disabilities the most inclusive environment possible and using evidence-based practices to meet their unique needs.
Special Education in an Era of Inclusion and StandardsMara Rueda
The document outlines strategies for teaching learners with special needs, including ensuring inclusion in general education classrooms through appropriate supports, complying with laws like IDEA that require accommodations and Individualized Education Programs, and using approaches like differentiated instruction, universal design for learning, and evidence-based practices to meet the needs of diverse learners. Adaptations in areas such as the level of difficulty, time allowed, size of assignments, and ways students can participate and demonstrate understanding are also discussed.
This document summarizes key legislation and concepts related to special education. It outlines laws like IDEA, ADA, Section 504, and NCLB that promote inclusion and appropriate education for students with disabilities. Key IDEA components like IEPs, transition planning, and LRE are explained. Standards-based education and accountability are discussed. Universal design for learning, differentiated instruction, evidence-based practices, and response to intervention are also summarized as important frameworks.
This document provides a summary of new decisions from the California Office of Administrative Hearings (OAH) related to special education law. It summarizes 6 cases related to the following topics: behavior interventions, consent for assessments, timely IEP meetings, least restrictive environment analysis, manifestation determinations, and issues regarding transfer students. The summaries explain the key facts, decisions and significance of each case. The document aims to help schools understand and apply these recent legal developments affecting special education in California.
This document provides an overview of key concepts in special education including:
1) Standard-based education which ties curriculum to state standards and performance levels.
2) Student accountability under NCLB which requires standardized testing for all students including those with IEPs.
3) Inclusion which aims for all students to feel a sense of belonging regardless of academic or social levels.
4) Response to Intervention (RTI) which uses tiered interventions from differentiated instruction to intensive support.
5) Universal Design for Learning (UDL) which develops flexible curricula and materials to meet diverse student needs.
This document provides an overview of key concepts in special education including:
1) Standard-based education which ties curriculum to state standards and performance levels.
2) Student accountability under NCLB which requires standardized testing for all students including those with IEPs.
3) Inclusion which aims for all students to feel a sense of belonging regardless of ability levels.
4) Response to Intervention (RTI) which uses tiered interventions from differentiated instruction to intensive support.
5) Universal Design for Learning (UDL) which develops flexible curricula and materials to meet diverse needs.
This document summarizes significant changes to special education law under the Individuals with Disabilities Education Act (IDEA) of 2004 regarding Individualized Education Programs (IEPs), due process, discipline procedures, and response to intervention. Key changes include mandatory resolution sessions, allowing multi-year IEPs, clarifying transition services, expanding the 45 school day rule for weapons/drugs/injury offenses, and requiring response to intervention for evaluating learning disabilities. The document cautions that response to intervention implementation varies between school districts.
This document summarizes significant changes to special education law under the Individuals with Disabilities Education Act (IDEA) of 2004 regarding Individualized Education Programs (IEPs), due process, discipline procedures, and response to intervention. Key changes include mandatory resolution sessions, allowing multi-year IEPs, clarifying transition services, expanding the 45 school day rule for weapons/drugs/injury offenses, and requiring response to intervention for evaluating learning disabilities. The document cautions that response to intervention implementation varies between school districts.
Slide Show Hot Button Issues In Sped Law SES Forum ClevelandJames Hailey
This document summarizes significant changes to special education law under the Individuals with Disabilities Education Act (IDEA) of 2004 regarding Individualized Education Programs (IEPs), due process, discipline procedures, and response to intervention requirements. Key changes include mandatory resolution sessions, allowing multi-year IEPs, clarifying transition services, expanding the 45 school day rule for weapons/drugs/injury offenses, and requiring response to intervention for evaluating learning disabilities. The document cautions that some changes like decreased IEP requirements and increased response to intervention use could weaken protections if not implemented carefully.
Chapter one powerpoint instructional strategies[1]Shirley Johnson
This document provides an overview of key concepts in special education, including inclusion, critical special education legislation, standards-based education, multi-tiered systems of support, universal design for learning, differentiated instruction, evidence-based practices, and considerations for student diversity. It discusses laws such as IDEA, ADA, and NCLB and how they have shaped special education. Critical components of inclusion and special education programming like IEPs, least restrictive environments, and accommodations are also summarized.
Chapter one powerpoint instructional strategiesbertschcarrie
This document provides an overview of key concepts in special education, including inclusion, critical special education legislation, standards-based education, multi-tiered systems of support, universal design for learning, differentiated instruction, evidence-based practices, and considerations for student diversity. It discusses laws such as IDEA, ADA, and NCLB and how they have shaped special education. Approaches like inclusion, RTI, UDL, and differentiated instruction aim to meet the needs of all learners in inclusive classroom settings.
The document discusses federal and state educational regulations that provide for the needs of children with chronic illnesses and disabilities. It explains that the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act ensure that children receive accommodations and specialized education plans. Children may be eligible for an Individualized Education Program (IEP) or 504 plan depending on how their chronic illness affects their education. The document provides details on eligibility, required accommodations and services, and the roles of various medical and educational professionals in developing accommodation plans for children with special needs.
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2. 2
What We’ll Cover . . .
We’ve selected three important and frequently
litigated topics:
Placing and Serving Students with Medical Needs
in the LRE
Home/Hospital Instruction
Serving Students with Allergies or Multiple Chemical
Sensitivities
For each topic, we’ll discuss:
Law
Cases
Takeaways (i.e., practical pointers)
3. 3
I. Placing and Serving
Students with Medical Needs
in the Least Restrictive
Environment
4. 4
I. Placement and LRE –
Overview of LRE Rules
To maximum extent appropriate, children with
disabilities are educated with children who are not
disabled
Removal of children with disabilities from regular
educational environment occurs only when:
Nature or severity of the disability is such that
education in regular classes with the use of
supplementary aids and services cannot be
achieved satisfactorily
(34 C.F.R. § 300.114; Ed. Code, § 56040.1)
5. 5
I. Placement and LRE –
Points to Remember
Even if not fully included, child must be educated with
nondisabled peers to maximum extent appropriate
Placement not based on category of disability; LRE
varies depending on unique needs of child
Supplementary services to be provided in conjunction
with regular class placement
No removal from general education classroom UNLESS,
even with supplementary aids and services, Student
cannot be educated satisfactorily
6. 6
I. Placement and LRE –
LRE and Medically Fragile Students
Challenging for IEP teams
Case law: LRE analysis must take into account
health and safety of Student
Another factor: If Student’s presence poses
health risk to other students
Location for administration of medical
procedures also must be taken into account
7. 7
I. Placement and LRE –
Student v. San Ramon Valley USD (OAH
2010)
16-year-old with compromised immunity,
respiratory issues and susceptibility to pneumonia
Depended on others for all daily activities
District proposed SDC placement with various
services (health/nursing, OT, PT, APE)
Parents objected, claiming
Lack of appropriate facilities put Student’s health at risk
Student couldn’t interact with verbal, ambulatory SDC
peers
8. 8
I. Placement and LRE –
Student v. San Ramon Valley USD (OAH
2010)
ALJ denied reimbursement; SDC could provide
FAPE in LRE
Why?
District could educate Student and provide appropriate
attention to health/safety needs
Trained personnel, safe toileting facilities, measures to
prevent infection
Opportunity for social activities with other Students of
same age, interests
(Student v. San Ramon Valley USD (OAH 2010) 56 IDELR 26)
9. 9
I. Placement and LRE – The
Cases
But, as the next case illustrates,
sometimes a school-based site
can actually be more restrictive
than a student’s home . . .
10. 10
I. Placement and LRE –
Southern York Co. School Dist. (SEA PA
2010)
14-year-old with rare genetic disease that caused
severe flu-like systems every few weeks
Lengthy absences and missed schoolwork
Parents requested District provide webcam so
Student could view classroom from home
District offered webcam in conference room at
school
11. 11
I. Placement and LRE –
Southern York Co. School Dist. (SEA PA
2010)
Parents prevailed; home, not school-based site,
was Student’s LRE
Why?
School conference room placement ignored Student’s
unavailability during “recovery phase” of illness when he
had to remain at home
District could use available technology to enable Student
to interact with classmates from home
(Southern York County School Dist. (SEA PA 2010) 55 IDELR 242)
12. 12
I. Placement and LRE – The
Cases
And other times, especially
when contact with other children
can pose a health risk,
classroom facilities can be
a factor in determining LRE . . .
13. 13
I. Placement and LRE –
Dept. of Educ., State of Hawaii (SEA HI 2007)
5-year-old with tracheostomy, gastronomy tube
and reactive airway disease
District proposed gen ed kindergarten with 370
minutes per week of nursing services
Parents believed kindergarten classroom posed
serious health risk
Too many students (16-24)
Lack of air conditioning
Lack of immediate availability of nurse
14. 14
I. Placement and LRE –
Dept. of Educ., State of Hawaii (SEA HI 2007)
Parents received reimbursement for private school
kindergarten that provided 1:1 nursing care
Why?
370 minutes of nursing care insufficient for child who
had required 24-hour-a-day care
Crowded classroom could compromise Student’s
immunity when other children are ill
(Department of Education, State of Hawaii (SEA HI 2007) 47 IDELR 148)
15. 15
I. Placement and LRE – The
Cases
Remember that courts and ALJs look not only at
the adequacy of medical services, but also at the
location at which they are
administered . . .
16. 16
I. Placement and LRE –
Wyomissing Area School Dist. (SEA PA
2007)
5th-grader with tracheostomy was wheelchair-
dependent and required ventilator
Private nurse provided tracheal suctioning in
classroom
District’s new IEP required nurse to remove
Student from classroom for procedure
Parents claimed change in location denied FAPE
in LRE
17. 17
I. Placement and LRE –
Wyomissing Area School Dist. (SEA PA 2007)
Removing Student from classroom for tracheal
suctioning violated LRE
Why?
Each removal would cost Student up to six minutes of
classroom time (loss of educational benefit)
Able to pay attention while procedure was taking place
No complaints that nursing services provided in
classroom disrupted other students
(Wyomissing Area School Dist. (SEA PA 2007) 109 LRP 21661)
18. 18
I. Placement and LRE –
Takeaways Document Successes and Failures
Remember: IEP must state why full participation in gen ed
setting isn’t possible
If student with medical needs requires more restrictive
placement, document past services provided and their
successes or lack thereof
Obtain Information/Encourage Communication
Urge Parents to share relevant information from physician
and allow physician to communicate with school nurse
Establish relationship with pediatrician
19. 19
I. Placement and LRE –
Takeaways Know What to Do If Parents Refuse to Provide
Medical Records
Document efforts
Ultimately, may need to file for DP to conduct own
assessment
Inform and Educate Parents
Understand hesitancy about classroom setting
Discuss all aspects of services
Let Parents view classroom, meet nurse and staff
20. 20
I. Placement and LRE –
Takeaways Close Monitoring Is Essential
Foundation for IEP team’s placement review
Circumstances can change quickly (e.g., new medication)
requiring frequent LRE review
Transportation Requires LRE Analysis Too
Continuum applies (ranging from general education bus
without accommodations to separate vehicle with no
contact with peers)
22. 22
II. Home/Hospital –
Rules different for general education
and special education students
General Education Students
“Temporary disability” makes school attendance impossible
or inadvisable
Instruction must be provided by teachers with valid
California teaching credentials
Five hours per week
Districts responsible for instruction to nonresidents placed
in hospitals located within District
(Ed. Code,§48206.3; Ed. Code,§48207; Ed. Code, §44865)
23. 23
II. Home/Hospital –
Special Education Students
Eligibility
Decision must be made by the Student’s IEP team if it
believes such placement is necessary and it is LRE in
which student can receive instruction or services
No minimum amount of time that Student must be out of
school before starting home and hospital instruction
One of the most restrictive placements on continuum
(Ed. Code, § 48206.3, Cal. Code Regs., tit.5,§3051.4(a))
24. 24
II. Home/Hospital –
Special Education Students
Requirement for Medical Report
IEP team must have medical report from Student’s
physician (or treating psychologist) stating diagnosed
condition and certifying that condition prevents Student
from attending a less restrictive placement
Report also must include a projected calendar date for
the student’s return to school
(Ed. Code, §56361, Cal. Code Regs., tit.5,§3051.4(d))
25. 25
II. Home/Hospital –
Special Education Students
Review of Other Available Information
Receipt of home instruction isn’t automatic on receipt of
doctor’s note
IEP team must review all available information prior to
placement decision
Rule applies even if Student’s condition requiring home
instruction is temporary or short-term
(Cal. Code Regs., tit.5,§3051.4(a),(c))
26. 26
II. Home/Hospital –
Special Education Students
Nature and Delivery of Services
Number of instructional hours based on Student’s unique
needs (no minimum or maximum)
May be provided by gen ed teacher, special ed teacher,
DIS specialist, as appropriate
May be delivered individually, in small groups or by
teleclass
Team must meet to reconsider IEP prior to projected date
for Student’s return to school
(Cal. Code Regs., tit.5, § 3051.4(d),(e))
27. 27
II. Home/Hospital –
Special Education Students
Teacher Consultation Requirements
Home instruction teacher must consult with prior
school/teacher to determine: coursework to be covered;
books/materials to be used; grading responsibility
For Student in grades 7-12, consultation with guidance
counselor is required concerning: semester course
credits and diploma issues
(Cal. Code Regs., tit.5, § 3051.4(d))
28. 28
II. Home/Hospital –
Student v. Los Angeles USD (OAH 2010)
Parent failed to provide District with medical
referral for continuation of home instruction
Also disputed District’s selection of instructor
ALJ:
Parent’s failure to provide medical referral excused
District from any home instruction obligation
Even if District had been required to provide home
instruction, choice of teachers within its discretion
(Student v. Los Angeles Unified School Dist. (OAH 2010) No. 2010010587)
29. 29
II. Home/Hospital –
San Jacinto USD v. Student (OAH 2008)
Parents wanted continuation of home instruction
for Student with cerebral palsy and seizures
Safety concerns prompted objection to proposed
gen ed placement
ALJ:
Student could make progress in District’s placement;
home instruction too restrictive
No evidence that health would be jeopardized by
attending school with proper accommodations
(San Jacinto Unified School Dist. v. Student (OAH 2008) No. 2008020225)
30. 30
II. Home/Hospital – The Cases
Sometimes the issue isn’t whether a student
requires home instruction
but where that instruction
should take place,
as the next case reveals. . .
31. 31
II. Home/Hospital –
Los Angeles USD v. Student (OAH 2011)
District previously provided home instruction to
Student at Mother’s home outside boundaries
Principal changed policy; services required at
location within District; didn’t call IEP meeting
ALJ:
District obligated to continue home instruction at
Mother’s home; couldn’t unilaterally stop services
Other locations offered were not suitable given Student’s
suppressed immune system
(Los Angeles Unified School Dist. v. Student (OAH 2011) No. 2011020179)
32. 32
II. Home/Hospital – The Cases
Determining the appropriate nature and extent of
services in anticipation of the student’s return to
school can be tricky. . .
33. 33
II. Home/Hospital –
Student v. Poway USD (OAH 2009)
District’s plan for Student returning from home
instruction called for five-hour school day
Parent objected, citing Student’s fragile health
ALJ:
Credible medical testimony that Student required
shortened school day due to medication side effects
Parent had no choice but to request return to home
instruction as opposed to risks of lengthy school day
(Student v. Poway Unified School Dist. (OAH 2009) No. 200902024)
34. 34
II. Home/Hospital – Takeaways
Seek All Available Information Before Making
Placement Decision
Get “Authorization to Release and Exchange Information”
from Parent in order to obtain/review/discuss medical
information
Collect recent assessment data, work sample, progress
reports, teacher observations
Consider whether to conduct own assessment
35. 35
II. Home/Hospital – Takeaways
Look Carefully at LRE Issues
Ask whether Student could continue at school with
additional accommodations and supports
Consider whether Student’s condition permits providing
some services at school, some at home
If IEP team determines Student can be educated in less
restrictive setting than home/hospital, offer most
appropriate placement even if Parent refuses to consent
36. 36
II. Home/Hospital – Takeaways
Make Sure IEP Contains All Necessary Information
and Addresses Student’s Needs
Detail the type, timing and frequency of in-home services,
projected return date, placement upon return
Address how goals will be implemented while Student is
receiving home instruction
Document how and why any variations made in level of
services or supports
37. 37
II. Home/Hospital – Takeaways
Monitor Progress/Current Performance Levels
Act quickly to make necessary modifications
Facilitate Smooth Transition Back to School
Decide whether return will be gradual or immediate based
on Student’s condition
Don’t Forget About Nonacademic Activities
Participation in extracurricular activities may require
medical release
39. 39
III. Allergies and MCS –
Eligibility for Services
Many students with allergies/MCS will meet
Section 504’s eligibility standard
Physical or mental impairment; that
Substantially limits a major life activity
If found eligible, Student entitled to protection from
discrimination, procedural safeguards; also may be
entitled to services under Section 504 plan
(29 U.S.C.§705(20); 34 C.F.R.§104.4; 34 C.F.R.§104.33-104.36)
40. 40
III. Allergies and MCS –
Eligibility for Services
“Physical or mental impairment”
“Physiological disorder or condition” affecting expansive
list of body systems (e.g., sense organs, respiratory,
digestive system)
“Major life activities”
Nonexclusive list extending beyond “learning” (e.g.,
seeing, hearing, eating, speaking, breathing); also
includes operation of major bodily functions
(42 U.S.C.§1201, 1203); 34 C.F.R.§104.3(j)(2))
41. 41
III. Allergies and MCS –
Eligibility for Services
“Substantial limitation”
Not defined, but ADAAA calls for interpretation in favor
of broad coverage
Episodic impairments (e.g., seasonal allergies)
Substantially limiting at some times, not others
Considered a disability if “would substantially limit one
or more major life activities when active”
(29 U.S.C.§705; 42 U.S.C.§12101)
42. 42
III. Allergies and MCS –
Eligibility for Services
Mitigating measures
In making eligibility determinations, Districts may not
consider “ameliorative effects” of:
Medication
Hearing aids and cochlear implants
Assistive technology
Reasonable accommodations
Behavioral/adaptive neurological modifications
(29 U.S.C.§705; 42 U.S.C.§12101)
43. 43
III. Allergies and MCS –
Individualized Health Care Plans
Don’t confuse with Section 504 plans, although
some students have both
IHCPs outline health management protocol, not
educational supports/services
Typical plan:
Identifies medical condition/warning signs
Outlines specific interventions/emergency response
Provides notification procedures
44. 44
III. Allergies and MCS –
Individualized Health Care Plans
IHCPs are mitigating measures!! They can’t be
considered when determining if Student has a
disability
Common mistake: Regular use of IHCPs in lieu of
making formal Section 504 evaluations
Many students’ allergies/MCS would substantially
limit major life activity but for IHCP health
management procedures
45. 45
III. Allergies and MCS –
Eligibility
Torrington (CT) Bd. of Educ. (OCR 2012)
Student with shellfish allergy placed on IHCP
No 504 evaluation until Parent made request a year
later, despite knowledge of potential to threaten life
OCR required District to identify all students with
allergies on IHCPs and determine their 504 eligibility
Clarksville (TN) Sch. Dist. (OCR 2012)
District improperly required allergies impact learning
OCR identified 235 students that required evaluation
46. 46
III. Allergies and MCS –
Services and Accommodations
Smith v. Tangipahoa School Bd. (E.D. La. 2006)
District reasonably accommodated Student’s allergy to
horses (notification, medication reminders)
Unreasonable to require ban on horses near campus
Zandi v. Ft. Wayne Cmty. Schools (N.D. Ind. 2012)
District did not have to adopt formal “no spray” policy for
student with fragrance sensitivity
Reminder announcements, allowing Student to leave
class early were sufficient accommodations
47. 47
III. Allergies and MCS –
Services and Accommodations
P.K. v. Middleton School Dist. (D.N.H. 2012)
District made continuous efforts to prevent Student’s
exposure to latex products (pencil erasers, balloons)
Not required to provide “absolutely latex-free facility”
Mystic Valley Reg. Charter School (SEA MA 2004)
Given severe nature of Student’s peanut allergy,
reasonable to require District to provide classroom
setting totally safe from exposure
Not an “undue burden” on school personnel to do so
48. 48
III. Allergies and MCS –
Harassment and Discrimination
Catoosa County (GA) School Dist. (OCR 2011)
District’s failure to prevent peanuts from being sold in
vending machines created hostile environment for
Student equivalent to harassment
Greenport (NY) Union School Dist. (OCR 2008)
Classmates engaged in teasing and name-calling of two
Students with peanut allergies
District timely investigated incidents, disciplined those
involved and provided instruction on why behavior was
inappropriate
49. 49
III. Allergies and MCS –
Vague or Poorly Defined Accommodations
Plumas (CA) Unified School Dist. (OCR 2010)
Dispute over Section 504 plan language: “No nuts in
lunchroom”
OCR sided with District’s
interpretation that no nuts
would be used in decorations,
activities – not an absolute ban
50. 50
III. Allergies and MCS –
Vague or Poorly Defined Accommodations
Porta (IL) Cmty. Unit School Dist. (OCR 2007)
Section 504 plan: “Equivalent snack”
required for Student with
popcorn allergy
Parent claimed two Jolly Ranchers
didn’t equal large bag of popcorn
Plan silent as to comparability
of snacks; no violation
51. 51
III. Allergies and MCS –
Other Liability Cases
Begley v. City of New York (N.Y. Sup. Ct. 2010)
Student died from exposure to blueberries
Negligent supervision claim could go to trial; question of
whether nurse, staff responded appropriately
Liebau v. Romeo Cmty. School (Mich. Ct. App. 2013)
School-wide nut ban doesn’t deprive parents or students
of constitutional liberty or property interest
Checking backpacks for nuts is not “unreasonable search
and seizure” under 4th Amendment
52. 52
III. Allergies and MCS – Takeaways
Be Proactive!
Take steps to identify students with allergies/MCS (e.g.,
send health questionnaires)
Know When to Refer
Recognize and watch for health conditions that are
interfering with classroom performance/attendance
Ask the Right Questions
Review medical information/diagnoses carefully
Make sure allergist/physician didn’t merely rely on parent’s
information
53. 53
III. Allergies and MCS – Takeaways
“Learning” Is Not the Only Major Life Activity
Allergies/MCS can substantially limit many other activities
(e.g., breathing) warranting Section 504 eligibility
Be methodical and document process for determining
whether or not student is eligible
Review IHCPs and Determine Whether Student
Should Be Evaluated
Look first to students with past history of severe reactions
54. 54
III. Allergies and MCS – Takeaways
Consider Possible Alternatives to Requested
Accommodations
Proposed alternative must be equally as effective
Provide Clear Directives
Precise and consistent language in 504 plans is essential
Make Sure Responsible Staff Is Aware of Plan
And provide training where necessary
55. 55
III. Allergies and MCS – Takeaways
Ensure Consistent Plan Implementation
E.g., “peanut-free zone” means “peanut-free zone”
all of the time, every day
Don’t Forget FERPA
May share info with school officials who have “legitimate
educational interest”
Many parents encourage full disclosure, but others are
sensitive about child’s condition and accommodations
56. 56
III. Allergies and MCS – Takeaways
Pay Attention to Field Trips/Extracurriculars
Consider how to provide accommodations
No exclusion unless participation would present
unreasonable safety risk
Intervene Quickly if Signs of Bullying Appear
Investigate each alleged incident
Include food allergies/MCS in written anti-harassment
policy and make sure students understand consequences
57. 57
Information in this presentation, including but not limited to PowerPoint handouts and the presenters' comments, is summary only and not legal advice.
We advise you to consult with legal counsel to determine how this information may apply to your specific facts and circumstances .
58. 58
Information in this presentation, including but not limited to PowerPoint handouts and the presenters' comments, is summary only and not legal advice.
We advise you to consult with legal counsel to determine how this information may apply to your specific facts and circumstances .