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 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.
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 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 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 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.
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.
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.
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 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 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 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.
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.
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
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.
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
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 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.
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 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.
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.
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 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.
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.
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 summarizes a study that examined whether the GCSE National Curriculum is appropriate for disengaged students. The study analyzed subject preferences, predicted attainment levels, and actual GCSE results of disengaged, nurture, and control students. Results showed that disengaged students performed better and preferred subjects with practical components over academic subjects. Nurture students showed a similar but reduced preference for practical subjects, while control students performed better in academic subjects. The study recommends offering more vocational subjects and qualifications, introducing more cross-curricular activities in academic subjects, and rotating teachers termly to improve relationships with disengaged students.
This document provides an overview of helping foster children succeed in school. It discusses California education standards, teacher standards, the Individuals with Disabilities Education Act (IDEA), individualized education programs (IEPs), special education services, discipline procedures, and resources for parents. Key topics include students' rights to a free appropriate public education, the IEP and evaluation process, eligibility criteria for special education, and the roles of parents and teachers in supporting students.
This document summarizes a junior parent meeting at Etowah High School on August 14, 2012. It provides information about graduation requirements, standardized testing, college planning, and career research that juniors and their parents need to be aware of. Contact information for counselors is listed. Important upcoming test dates and deadlines are highlighted. Requirements for the HOPE and Zell Miller scholarships in Georgia are outlined. Post-high school options like college, technical schools, apprenticeships, military service, and the workforce are also briefly discussed.
This document provides guidance on special education considerations in student discipline procedures. It explains that students receiving special education have additional due process protections during disciplinary procedures. It provides flowcharts outlining the procedures and timelines that must be followed depending on the type of disciplinary removal, including removals for 10 days or less, removals resulting in a change of placement, and the process for determining if a behavior is a manifestation of a student's disability. The document is intended to explain the laws and regulations around disciplining students with disabilities in a clear manner.
The document discusses the importance and purpose of prior written notice (PWN) in special education. PWN must be provided by schools whenever they propose or refuse to initiate or change a student's identification, evaluation, placement, or free appropriate public education. It ensures parents understand proposed changes and allows them to provide input. If PWN requirements are not followed properly it could result in a denial of a student's free and appropriate public education. The document provides guidance on when PWN is required and the level of detail that should be included.
The document provides guidance for new school administrators on conducting manifestation determination reviews when considering disciplining a special education student. It outlines that manifestation determination reviews must be held within 10 days of a disciplinary change in placement to determine if the student's behavior was caused by their disability or a failure to implement their IEP. The administrator must consider evaluation results, parent input, teacher observations, the IEP and placement, and other relevant information. If the behavior is determined to be a manifestation, certain steps around functional behavior assessments and behavior intervention plans are required.
This document provides an overview of helping children succeed in school and discusses key topics like:
1) California education standards and the roles of teachers, which are aimed at helping parents advocate for their children.
2) Special education laws like IDEA that provide rights for children with disabilities to receive supports.
3) The IEP process and a child's right to free appropriate public education.
4) Disciplinary procedures and the process for determining if issues are related to a child's disability.
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
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.
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
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 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.
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 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.
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.
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 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.
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.
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 summarizes a study that examined whether the GCSE National Curriculum is appropriate for disengaged students. The study analyzed subject preferences, predicted attainment levels, and actual GCSE results of disengaged, nurture, and control students. Results showed that disengaged students performed better and preferred subjects with practical components over academic subjects. Nurture students showed a similar but reduced preference for practical subjects, while control students performed better in academic subjects. The study recommends offering more vocational subjects and qualifications, introducing more cross-curricular activities in academic subjects, and rotating teachers termly to improve relationships with disengaged students.
This document provides an overview of helping foster children succeed in school. It discusses California education standards, teacher standards, the Individuals with Disabilities Education Act (IDEA), individualized education programs (IEPs), special education services, discipline procedures, and resources for parents. Key topics include students' rights to a free appropriate public education, the IEP and evaluation process, eligibility criteria for special education, and the roles of parents and teachers in supporting students.
This document summarizes a junior parent meeting at Etowah High School on August 14, 2012. It provides information about graduation requirements, standardized testing, college planning, and career research that juniors and their parents need to be aware of. Contact information for counselors is listed. Important upcoming test dates and deadlines are highlighted. Requirements for the HOPE and Zell Miller scholarships in Georgia are outlined. Post-high school options like college, technical schools, apprenticeships, military service, and the workforce are also briefly discussed.
This document provides guidance on special education considerations in student discipline procedures. It explains that students receiving special education have additional due process protections during disciplinary procedures. It provides flowcharts outlining the procedures and timelines that must be followed depending on the type of disciplinary removal, including removals for 10 days or less, removals resulting in a change of placement, and the process for determining if a behavior is a manifestation of a student's disability. The document is intended to explain the laws and regulations around disciplining students with disabilities in a clear manner.
The document discusses the importance and purpose of prior written notice (PWN) in special education. PWN must be provided by schools whenever they propose or refuse to initiate or change a student's identification, evaluation, placement, or free appropriate public education. It ensures parents understand proposed changes and allows them to provide input. If PWN requirements are not followed properly it could result in a denial of a student's free and appropriate public education. The document provides guidance on when PWN is required and the level of detail that should be included.
The document provides guidance for new school administrators on conducting manifestation determination reviews when considering disciplining a special education student. It outlines that manifestation determination reviews must be held within 10 days of a disciplinary change in placement to determine if the student's behavior was caused by their disability or a failure to implement their IEP. The administrator must consider evaluation results, parent input, teacher observations, the IEP and placement, and other relevant information. If the behavior is determined to be a manifestation, certain steps around functional behavior assessments and behavior intervention plans are required.
This document provides an overview of helping children succeed in school and discusses key topics like:
1) California education standards and the roles of teachers, which are aimed at helping parents advocate for their children.
2) Special education laws like IDEA that provide rights for children with disabilities to receive supports.
3) The IEP process and a child's right to free appropriate public education.
4) Disciplinary procedures and the process for determining if issues are related to a child's disability.
Program development, implementation and management sped 433Suzymq69
The document outlines the 10 steps of the special education process:
1) Child Find to identify students who may need special education services.
2) Evaluation of the student to determine if they have a disability.
3) Determining if the student is eligible for services.
4) Writing an IEP within 30 days of eligibility being determined.
5) Holding IEP meetings and providing consent for services.
6) Implementing and monitoring the IEP.
7) Measuring student progress and informing parents.
8) Reviewing the IEP annually or as needed.
9) Reevaluating the student every 3 years or as needed.
10) Providing services according to the
Program development, implementation and management sped 433Suzymq69
The document outlines the 10 steps of the special education process:
1) Child Find to identify students who may need special education services.
2) Evaluation of the student to determine if they have a disability.
3) Determining if the student is eligible for special education.
4) Developing an Individualized Education Program (IEP) within 30 days of eligibility.
5) Implementing the IEP and providing special education services.
6) Measuring student progress, updating parents, and reviewing/revising the IEP annually.
7) Reevaluating the student every 3 years to determine ongoing eligibility.
This document provides a summary of recent legal updates in special education law, including new case law rulings and proposed legislation. Key points include:
- A district was found to have denied FAPE by delaying assessments for 18 months after a parent's referral and failing to develop adequate IEP goals and baselines.
- A district's duty to update an expired IEP is not contingent on parental cooperation, and the district should have continued working with parents or filed for a due process hearing.
- A principal was disciplined for sending inappropriate text messages about a student during an IEP meeting.
- Parents were not entitled to reimbursement for a residential placement where the primary purpose was to address medical needs
The notice summarizes the IEP team's proposals to change Kara's reading goal, accommodations, and educational placement. Specifically, it proposes:
1. Changing her reading goal from fluency to comprehension.
2. Removing her accommodation of "read everything aloud" and replacing it with "read unfamiliar words aloud upon request."
3. Removing her modified reading assignments.
The notice explains the reasons for these proposals using Kara's assessment results showing her fluency and comprehension are now average. It considers but rejects simply removing all accommodations. The notice describes the evaluations and Kara's work ethic that support the proposals. It informs parents of their procedural rights and sources of assistance.
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.
The Individualized Education Program (IEP) is a legal document developed by a team to help students with disabilities reach their goals. The IEP focuses on the student's preferences, interests, needs, and strengths. A new IEP is written at least every 12 months. Parents are equal partners on the IEP team and should provide input on their child's abilities and needs. The IEP outlines the student's current performance, annual goals, related services, accommodations, and placement.
Section 504 outlines protections and requirements for students with disabilities. It defines a student with a disability as someone with a physical or mental impairment that substantially limits a major life activity. School districts must provide free appropriate public education to students with disabilities through reasonable accommodations. They must also implement identification, evaluation, and procedural safeguards for students and notify parents of their rights annually.
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 discusses key legislation in special education including the Education for All Handicapped Children Act, Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act. It also covers components of IDEA such as IEPs, FAPE, LRE, and parental rights. Additionally, the document outlines critical education acts like NCLB and their impact on accountability, inclusion, differentiated instruction, and evidence-based practices for students with disabilities.
The document discusses key legislation in special education including the Education for All Handicapped Children Act, Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act. It also covers components of IDEA such as IEPs, FAPE, LRE, and procedural safeguards. Additionally, the document outlines critical education acts like NCLB and their impact on accountability, inclusion, differentiated instruction, and evidence-based practices for students with disabilities.
The document discusses key legislation in special education including the Education for All Handicapped Children Act, Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act. It also covers critical components of IDEA including free appropriate public education, individualized education programs, least restrictive environments, procedural safeguards, and transition planning. Additionally, the document discusses standard-based education, student accountability, inclusion, universal design for learning, differentiated instruction, and evidence-based practices in special education.
The document discusses key legislation in special education including the Education for All Handicapped Children Act, Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act. It also covers critical components of IDEA including free appropriate public education, individualized education programs, least restrictive environments, procedural safeguards, and transition planning. Additionally, the document discusses standard-based education, student accountability, inclusion, universal design for learning, differentiated instruction, and evidence-based practices in special education.
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.
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.
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.
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.
-
Looking for guidance on this new law which affects access and inclusion for transgender students? In this webinar, expert attorney Namita Brown, of Fagen Friedman & Fulfrost and ACSA legislative advocate, Laura Preston, will explain how you can successfully implement AB 1266 including resources available to assist you. Pointers will be given on how to help your board and staff communicate on this sometimes difficult topic. An update on the referendum circulated to repeal AB 1266 will be provided. All district and site administrators should log on for practical, up-to-the minute information on the legislation.
This document summarizes Assembly Bill 1266, which protects transgender students in California schools. It defines key terms like gender, gender identity, and transgender. It outlines the existing legal framework protecting students from discrimination based on gender. AB 1266 allows students to participate in sex-segregated activities and use facilities based on their gender identity. The document discusses some of the key issues schools may face in implementing the law, such as bathroom/locker room use, sports teams, records, and addressing opposition from parents, students or staff. It provides guidance on how schools should handle these issues to comply with the law while being sensitive to student needs and safety concerns.
This document discusses how cloud technology impacts K-12 education and human resources. It outlines how school districts are moving from district-owned devices and servers to allowing wireless devices on 3G and 4G networks through proxy servers. It also discusses how cloud computing and internet-connected devices could impact student-teacher communication and confidentiality of district records. The presenter emphasizes the importance of educating teachers and staff about appropriate device use and confidentiality with the shift to more cloud-based technologies.
The document provides an overview and comparison of California's Proposition 30 and Proposition 38 tax initiatives on the November 2012 ballot. It finds that Proposition 38 would generate more education funding overall but most would go directly to schools, while Proposition 30 funds would go to the state general fund to avoid further education cuts. Proposition 30 relies on sales and income tax increases while Proposition 38 uses higher personal income taxes. The document aims to objectively inform about the initiatives' impacts rather than advocate for either one.
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
Main Java[All of the Base Concepts}.docxadhitya5119
This is part 1 of my Java Learning Journey. This Contains Custom methods, classes, constructors, packages, multithreading , try- catch block, finally block and more.
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
Gender and Mental Health - Counselling and Family Therapy Applications and In...PsychoTech Services
A proprietary approach developed by bringing together the best of learning theories from Psychology, design principles from the world of visualization, and pedagogical methods from over a decade of training experience, that enables you to: Learn better, faster!
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
How to Make a Field Mandatory in Odoo 17Celine George
In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
5. 5
New Cases – Behavior
Student v. Twin Rivers Unified School Dist. (OAH 2014)
Facts:
11-year-old fifth grade Student
Despite behavior interventions, Student continually
eloped from school
Placed on home instruction, but behavior issues
continued
General ed teacher assigned to home instruction was
not trained to address behavior problems
District contended Parent thwarted efforts
to conduct FBA
(Student v. Twin Rivers Unified School Dist. (OAH 2014) Nos. 2014030894 and
2014050203, 114 LRP 37445)
6. 6
New Cases – Behavior
Student v. Twin Rivers Unified School Dist. (OAH 2014)
Decision:
ALJ found denial of FAPE
District failed to offer behavior supports in IEP despite
being aware of Student’s behaviors
Offer to assess Student’s behavioral needs did not cure
failure to provide appropriate interventions
Irrelevant whether Parent obstructed completion of FBA
ALJ awarded 34 hours of comp ed behavior services
District prevailed on other issues
(Student v. Twin Rivers Unified School Dist. (OAH 2014) Nos. 2014030894 and
2014050203, 114 LRP 37445))
7. 7
Behavior
Why Does This Case Matter to Us?
If staff are not appropriately trained
to address behaviors and there is
no cohesive plan in place to meet
behavior needs, general consensus
of courts and OAH is that Student
cannot benefit from his/her education
9. 9
Facts:
Parents of 3-year-old with hearing impairment advised
District they were “formally revoking” IEP; disagreed with
assessments and requested three IEEs
District treated Parents’ letter as revocation of consent
for all special ed services and denied IEE
Did not provide IEEs or seek due process
to defend assessments
Parents claimed denial of FAPE for refusal to fund IEEs
(Student v. Capistrano Unified School Dist. (OAH 2014) No. 2014040723, 114 LRP
38493)
New Cases – Consent
Student v. Capistrano Unified School Dist. (OAH 2014)
10. 10
Decision:
ALJ found that “plain language” of Parents’ revocation
pertained exclusively to IEP
Because Parents also notified District they would be
providing Student with another placement and would
seek reimbursement, District should have been aware
that FAPE dispute existed and that Parents did not
intend to revoke consent for eligibility
Revocation of IEP ≠ revocation of eligibility
District ordered to fund IEEs
(Student v. Capistrano Unified School Dist. (OAH 2014) No. 2014040723, 114 LRP
38493)
New Cases – Consent
Student v. Capistrano Unified School Dist. (OAH 2014)
11. 11
Consent
Why Does This Case Matter to Us?
Revocations of consent can pose
difficult issues
Analyze language and circumstances
carefully to avoid erroneous
interpretations
13. 13
Facts:
Parents unilaterally placed third-grader in NPS shortly
after school year began
In November, District sent triennial assessment plan in
preparation for IEP meeting due in January
Meeting not held until late March
Parents arrived 45 minutes late, by which time Student’s
general ed teacher had left
Parent signed assessment plan at meeting and District
proposed transitioning Student back from NPS
(Student v. Pajaro Valley Unified School Dist. (OAH 2014) No. 2013090347, 114 LRP
49843)
New Cases – IEP Meetings
Student v. Pajaro Valley Unified School Dist. (OAH 2014)
14. 14
Decision:
Failure to hold timely IEP meeting and failure to secure
presence of general ed teacher was procedural violation
that rose to denial of FAPE
Had meeting been held in January, Student may have
returned to District for second semester
General ed teacher was necessary because District
proposed change in Student’s gen ed services
ALJ ordered four months of NPS tuition reimbursement
ALJ rejected all other FAPE-based arguments by Parents
(Student v. Pajaro Valley Unified School Dist. (OAH 2014) No. 2013090347, 114 LRP
49843)
New Cases – IEP Meetings
Student v. Pajaro Valley Unified School Dist. (OAH 2014)
15. 15
IEP Meetings
Why Does This Case Matter to Us?
While some procedural violations
are “harmless” errors, if the
violations result in loss of
educational opportunity or
seriously infringe on parents’
IEP participation, they amount to a
denial of FAPE – and give rise to a remedy
17. 17
Facts:
11-year-old Student placed in group home by DCFS
after 14 unsuccessful foster homes and four
unsuccessful reunifications with Parent
Frequent psychiatric hospitalization due to aggressive
behaviors
After enrollment in District, Student was found eligible for
special ed (serious emotional disturbance)
IEP team recommended self-contained therapeutic
placement; Parent claimed placement was not LRE
(Student v. Pasadena Unified School Dist. (OAH 2014) No. 2014070784, 114 LRP
49752)
New Cases – LRE
Student v. Pasadena Unified School Dist. (OAH 2014)
18. 18
Decision:
ALJ found District’s proposed placement was LRE
Severity of behaviors justified need for therapeutic
setting
Parent failed to show how lesser restrictive setting
(general ed class with 1:1 aide or SDC) could meet
Student’s mental health needs
ALJ also rejected claim that selected placement was
inappropriate due to numerous incidents
of student runaways
(Student v. Pasadena Unified School Dist. (OAH 2014) No. 2014070784, 114 LRP
49752)
New Cases – LRE
Student v. Pasadena Unified School Dist. (OAH 2014)
19. 19
LRE
Why Does This Case Matter to Us?
The LRE obligation does not
override the FAPE requirement
If placement discussed or proposed
at IEP meeting will not confer
educational benefit and a more restrictive
program is likely to provide such benefit, the
student is entitled to be placed in that more
restrictive program
21. 21
Facts:
11-year-old with ADHD, autism and SLD suspended
several times (totaling 10 days) for various incidents
Student also was removed from class on several
occasions for counseling, a threat assessment,
de-escalation of behaviors, and to take California
modified assessment
Parent claimed that all classroom removals exceeded
10 days and District should have conducted
manifestation determination
(Student v. Capistrano Unified School Dist. and Journey Charter School (OAH 2014) No.
2014060007, 114 LRP 38670)
New Cases – Manifestation
Determinations
Student v. Capistrano USD and Journey Charter Sch. (OAH 2014)
22. 22
Decision:
ALJ found Parent had erroneous belief that
all removals from classroom were tantamount
to in-school suspensions
Various removals (counseling, behavior de-escalation)
conformed to Student’s IEP and BIP
Threat assessment removal was not for disciplinary
purposes
District appropriately removed Student in effort
to implement IEP and BIP
(Student v. Capistrano Unified School Dist. and Journey Charter School (OAH 2014) No.
2014060007, 114 LRP 38670)
New Cases – Manifestation
Determinations
Student v. Capistrano USD and Journey Charter Sch. (OAH 2014)
23. 23
Manifestation Determinations
Why Does This Case Matter to Us?
While it is important to keep
accurate count of days of removal,
it is also important to recognize
which removals are not “disciplinary
actions” and do not count toward
10-day threshold
25. 25
Facts:
3-year-old with cerebral palsy placed in integrated
preschool setting where children transitioned between
various locations for play activities
District protocol required close adult supervision with no
children unattended on playground
Staff planned to be near Student at all times due to her
balance and motor issues
Parents claimed District should have provided
accommodations and modifications to address safety
(Student v. Elk Grove Unified School Dist. (OAH 2014) No. 2014040312, 114 LRP
29153)
New Cases – Preschool Students
Student v. Elk Grove Unified School Dist. (OAH 2014)
26. 26
Decision:
ALJ found Student’s IEP should have addressed unique
safety issues
Despite District protocol, given adult/student ratio at the
preschool it was possible for adult not to be near enough
to Student to provide support at any given moment
Student’s unsteady balance and inability to step
backwards or side-to-side warranted IEP provision to
guarantee close supervision in classroom/playground
(Student v. Elk Grove Unified School Dist. (OAH 2014) No. 2014040312, 114 LRP
29153)
New Cases – Preschool Students
Student v. Elk Grove Unified School Dist. (OAH 2014)
27. 27
Preschool Students
Why Does This Case Matter to Us?
When designing initial IEPs for
preschoolers, it is essential that IEP
team be aware of all of student’s
unique needs and address them in
the document
IFSP developed by Part C service provider can
serve as important guide
29. 29
Facts:
14-year-old with mood disorder had lived at various
residential treatment centers since age 7
Placements made through DCFS in response to violent
behaviors at home
No IEP team had ever determined residential placement
was necessary for FAPE
After DCFS discontinued funding, Parents made
unilateral residential placement and sought
reimbursement from District
(Student v. Burbank Unified School Dist. (OAH 2014) No. 2014020031, 114 LRP 36110)
New Cases – Residential
Placement
Student v. Burbank Unified School Dist. (OAH 2014)
30. 30
Decision:
ALJ denied reimbursement for residential placement
Upheld District’s proposed placement in small classroom
environment at nonpublic day school with ESY,
transportation and individual counseling
Student’s in-class behavior and emotional issues could
be addressed in day school setting
Classroom behavior did not trigger severe behaviors at
home
(Student v. Burbank Unified School Dist. (OAH 2014) No. 2014020031, 114 LRP 36110)
New Cases – Residential
Placement
Student v. Burbank Unified School Dist. (OAH 2014)
31. 31
Residential Placement
Why Does This Case Matter to Us?
As the ALJ stated, “a district’s
responsibility under the IDEA
is to remedy the learning-related
symptoms of a disability, not
to treat other, non-learning
symptoms”
33. 33
Facts:
After dispute over IEP, Parents enrolled Student in
virtual charter school sponsored by another district
For next school year, Parents sought to transfer Student
back to District and provided registration information
District registered Student but did not enroll her because
she was still enrolled at charter school
Parents filed for due process, claiming District denied
FAPE by failing to assess Student following her transfer
back to District and by not funding IEE
(Student v. Arcadia Unified School Dist. (OAH 2014) No. 2014060827, 114 LRP 44606)
New Cases – Transfer Students
Student v. Arcadia Unified School Dist. (OAH 2014)
34. 34
Decision:
ALJ found Parents were not entitled to any remedy
If Parents wanted District assessment, they should have
first dis-enrolled Student from charter school
Student could not be simultaneously enrolled in two
districts
District had no obligation to assess, convene IEP
meeting, make FAPE offer or fund any IEE until Student
was enrolled
(Student v. Arcadia Unified School Dist. (OAH 2014) No. 2014060827, 114 LRP 44606)
New Cases – Transfer Students
Student v. Arcadia Unified School Dist. (OAH 2014)
35. 35
Transfer Students
Why Does This Case Matter to Us?
Semantics can matter in
special education – especially
the distinction between
“registration” and “enrollment”
Obligation to provide FAPE does not begin
until district becomes the responsible LEA, i.e.,
once Student officially enrolls
37. 37
Facts:
11-year-old with ADHD and severe anxiety issues was
unilaterally placed at NPS
District reassessed Student prior to fifth grade, offering
public school placement with one-half day in general ed
classroom and one-half day in learning center class
Offered short-term behavior supports and access to
counseling to ease Student’s transition from small NPS
classroom
Parents rejected FAPE offer and sought reimbursement
(Student v. Ross Valley School Dist. (OAH 2014) No. 2014020175, 114 LRP 49845)
New Cases – Transition Services
Student v. Ross Valley School Dist. (OAH 2014)
38. 38
Decision:
District violated FAPE because behavior supports were
inadequate to meet Student’s needs
Student was transitioning from small class size (four
students) to classroom with 30 students
Large classroom could exacerbate anxiety issues
Needed more than just a few weeks of behavior services
District ordered to reimburse for NPS for 2012-2013
District remedied deficient services in subsequent IEP
(Student v. Ross Valley School Dist. (OAH 2014) No. 2014020175, 114 LRP 49845)
New Cases – Transition Services
Student v. Ross Valley School Dist. (OAH 2014)
39. 39
Transition Services
Why Does This Case Matter to Us?
When Student is moving from small
private setting to large public school,
IEP team must anticipate and
address transition-related issues,
including need for additional supports
to help Student adjust to a big classroom
41. 41
Facts:
14-year-old homeless Student with OHI (for ADHD)
History of truancy in various districts
After sending Guardian several notices of excessive
absences, District referred Student to SARB
SARB referred Student to community day school
District did not mention on referral form that Student was
entitled to special ed services or had IEP
Guardian claimed manifestation determination should
have been held
(Student v. Rialto Unified School Dist. (OAH 2014) No. 2014040982, 114 LRP 38497)
New Cases – Truancy
Student v. Rialto Unified School Dist. (OAH 2014)
42. 42
Decision:
ALJ found SARB referral was disciplinary change of
placement and required MD review
Change of placement was result of Student’s habitual
truancy, a violation of code of student conduct
ALJ cited State SARB model handbook
Conducting MD is consistent with purposes of SARB – to
ensure all appropriate interventions are utilized
Note: ALJ also found Student’s conduct was
manifestation of his ADHD
(Student v. Rialto Unified School Dist. (OAH 2014) No. 2014040982, 114 LRP 38497)
New Cases – Truancy
Student v. Rialto Unified School Dist. (OAH 2014)
43. 43
Truancy
Why Does This Case Matter to Us?
ALJ stressed that holding MD review
when SARB considers a change of
placement is consistent with
IDEA policy and the “responsibilities
assumed by districts when addressing
the special education needs of students”
45. 45
What Happened:
District conducted RTI but chose to use severe
discrepancy model to assess Student for SLD
9th Circuit found District met legal requirements in
conducting its evaluation and appropriately used RTI
data to corroborate assessment results
However, District violated IDEA by failing to ensure RTI
data was appropriately documented and by failing to
provide Parents with RTI data
Procedural violation amounted to denial of FAPE by
infringing on Parents’ ability to participate in IEP process
(M.M. v. Lafayette School Dist. (9th Cir. 2014) 64 IDELR 31)
Response to Intervention
M.M. v. Lafayette School Dist. (9th Cir. 2014)
46. 46
What Happened:
IEP team adjourned before completing discussion of IEE
obtained by Parents but after discussing goals
Parents filed for due process claiming team failed to
adequately consider their IEE
District reconvened IEP meeting without Parents (who
refused to attend) and finalized IEP based, in part, on
information previously discussed with Parents
Court found no predetermination (reversing ALJ)
IEP with partial parental input was better option than
proceeding indefinitely with outdated IEP
(Cupertino Union School Dist. v. K.A. (N.D. Cal. 2014) 64 IDELR 200)
Parent Participation
Cupertino Union School Dist. v. K.A. (N.D. Cal. 2014)
47. 47
What Happened:
Student with ED, who resided outside of district, was
hospitalized at psychiatric facility within District boundaries
District provided special ed services at hospital and IEP
team recommended residential placement upon release
District advised Guardian it was not responsible for placing
Student at residential facility
Court: District fulfilled responsibility by providing services
at hospital, but responsibility ended on discharge
At that point, district of residence assumes FAPE
obligation
(N.G. v. ABC Unified School Dist. (C.D. Cal. 2014) 64 IDELR 73)
Residential Placement
N.G. v. ABC Unified School Dist. (C.D. Cal. 2014)
48. 48
What Happened:
Student had genetic markers for cystic fibrosis
District removed Student from classroom citing safety
concerns (which later turned out to be unwarranted)
Parties “settled the matter” and Student returned to school
after missing two weeks
Court: No 504 or ADA violation resulted from removal
District acted in effort to preserve safe operation of its
school
Removal was reasonable given info District had at the time
(Chadam v. Palo Alto Unified School Dist. (N.D. Cal. 2014) 64 IDELR 168)
Health and Safety
Chadam v. Palo Alto Unified School Dist. (N.D. Cal. 2014)
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What Happened:
Teacher believed Parent was recording IEP meeting
without providing required 24-hour notice
Same day that Parent requested consultation with
psychologist (following Student’s school behavior
issues), District reported alleged recording to police
OCR found evidence of retaliation by District against
Parents for engaging in protected activity
District had no proof meeting was recorded and any
violation of 24-hour notice law was not criminal act
(San Carlos School Dist. (OCR 2014) 114 LRP 31014)
Retaliation
San Carlos School Dist. (OCR 2014)
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What Happened:
Parent complained to OCR about lack of accessible
bathroom at school where due process hearing was
being held
OCR reached agreement with CDE
CDE agreed to:
Make sure facilities where hearings are held are
accessible to individuals with disabilities
Adopt procedures for OAH to evaluate and respond
to requests for accommodations
(California Dep’t of Educ. (OCR 2014) 114 LRP 47368)
Accessibility
California Dep’t of Educ. (OCR 2014)
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OSEP/OCR Dear Colleague letters
OSEP: Districts must have child find policies in place to
identify, locate students in juvenile correctional facilities
Students must receive timely evaluations
Records must be transferred expeditiously
IDEA due process applies
IDEA discipline procedures apply to “removals”
OCR: Juvenile justice facilities must provide equal
access to coursework, provide 504 FAPE, meet needs of
ELs, avoid discriminatory discipline
(Dear Colleague Letter (OSEP 12/5/2014); Dear Colleague Letter (OCR
12/8/2014))
Incarcerated Students
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Letter to Reilly (OSEP)
Which party bears burden of proof in state compliance
complaint?
OSEP stated it is not consistent with IDEA for SEA to
treat compliance complaints like due process complaints
and assign a burden of proof to either party
Once complaint is filed, neither party has burden to
product sufficient evidence to persuade SEA to make
determination “one way or another”
SEA must independently review and weigh evidence
(Letter to Reilly (OSEP 11/3/2014))
State Complaint Procedures
54. 54
FAQs of Effective Communication (OCR)
Districts must apply IDEA FAPE analysis and ADA
“effective communication” analysis in determining how to
meet students’ communication needs
Services may be required under Title II even if they are
not needed to provide FAPE
Student need not be IDEA-eligible in order to qualify
under Title II
Under Title II, districts must honor communication choice
of student/family, unless it can prove alternative
aid/service is equally effective
(Frequently Asked Questions on Effective Communication for Students with
Hearing, Vision or Speech Disabilities (OCR 11/12/2014))
ADA “Effective Communication”
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Dear Colleague Letter (OCR)
Bullying can amount to disability-based harassment
and/or denial of FAPE under Section 504
When Student is bullied, Section 504 team must convene
to determine whether needs have changed such that
Student is no longer receiving FAPE
Team must look at additional/different services or change
of placement
If bullying results in disability-based harassment, there is
“strong likelihood” that Student is also being denied FAPE
(Dear Colleague Letter (OCR 10/21/2014))
Bullying and Section 504
57. 57
U.S. Supreme Court Update
January 2015: U.S. Supreme Court refused to consider
appeal in E.M. v. Pajaro Unified School District, effectively
ending dispute that had continued since 2006
9th Circuit ruled in 2014 that District acted reasonably when
it determined that Student with an auditory processing
disorder did not qualify for special education under the
category of SLD
Although court recognized that a student may be eligible for
special education under more than one category of
disability, it found that District also did not act
inappropriately by failing to qualify Student as OHI
58. 58
New Legislation
SB 1266 (EpiPens)
All schools must stock epiPens and restock
them as soon as used or when shelf-life expires
Provide to nurses and trained personnel
Districts must distribute annual notice for
volunteers to be trained to administer injections
Private schools have discretion to determine
whether or not to make epiPens available
59. 59
New Legislation
AB 420 (Suspensions/Expulsions)
Amends Ed Code section 48900(k)
Prohibits districts from suspending K-3 student
who disrupts school activities or commits act of
willful defiance
Prohibits recommendation for expulsion for
those acts for K-12 students
Prohibitions do not apply to commission of any
other act under section 48900.
60. 60
Thank you for attending!
And thank you for all you do for
students!!
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.
61. 61
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 .
62. 62
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 .