Special Education Law

6 pillars of IDEA

1. zero reject

2. nondiscriminatory evaluation

3. FAPE standard

4. LRE mandate

5. procedural safeguards

6. parent participation

Zero reject

Mandatory education for all qualifying students

Child Find Mandate

Proactive duty to locate and identify all qualifying students

Absolute eligibility

No child is excluded due to a severe or profound disability

Disciplinary protection

Limits expulsion for behavior tied to disability

Nondiscriminatory evaluation

Unbiased multidisiplinary assessment process

Multi-factored assessment

Single test score prohibited for placement

Linguistic adaptation

Administered in native language or communication mode

Triennial-evaluation

Student is reassessed every 3 years to measure progress

FAPE standard

Free appropriate public education via IEP

Zero public cost

Tailored education delivered without charge to families

Individualized plan

Governed by legally binding IEP goals

Meaningful advancement

Must confer ambitious educational progress

LRE mandate

Maximum inclusion with general education peers

Removal threshold

Only when supplementary aid fails in standard setting

Procedural safeguards

Formal parental consent and due process rights

Prior written notice (PWN)

Informed advance notice before changes

Dispute resolution

Access to mediation and formal due process

Independent evaluation (IEE)

Right to outside evaluation at district expense

Mandatory consent

Parental permission required before initial service

Student transition

Direct student participation starting by age 16

What Section 200.3 provides

CSE committee mandates

Mandated CSE membership

1. parent

2. gen ed teacher

3. special ed teacher

4. school psychologist

5. district rep/CSE chairperson

6. additional parent member

7. school physician

8. student

Member excusal

Members can only be excused if parent and district agree in writing and member submits writing input prior to meeting'

CSE subcommittees

Authorized for routine annual reviews and reevaluations, cannot handle initial evaluations, manifestation determinations, or contested placements