SPD 332: Special Education Law Review

Why was the IDEA passes in first place?

to ensure that students with disabilities have the right to FAPE, and to tailor to students individual needs to academically succeed, was also created to protect parents rights and students rights.

Fill in the blank: Students who ma be identified under any of the categories of disabilities listed in the IDEA are eligible for services as long as their disabilities _________ affect their _____________.

Blank 1: Adversely

Blank 2: educational performance

What is generally the MOST restrictive environment on the LRE continuum?

Institution, facility or hospital

Are public school boards required to provide students with disabilities with the best possible education regardless of the cost?

Yes

Besides the IDEA, name the three other major federal statutes that govern services for students with disabilities.

Section 504,

Every Student Succeeds Act (ESSA),

and Due Process

Are school boards required to educate all students with disabilities in inclusionary settings?

No, they are not required. They are only required if that is what the IEP team determines is best for the student

The infants an toddlers program is covered in which Part of the IDEA?

Part C

What was the major finding the court in the Endrew Case?

The case brought light to the courts that the services he received within the public education system were not individualized to his needs, resulting in him attending a private school to obtain that individual support. This results in the courts putting substantive standards that will ensure that all services put into place are appropriate for that child, making their IEPs more measurable, obtainable, and relevant to that child's individual needs.

Are school boards required to provide students with special extracurricular activities?

Yes

Who did the court decide bears the burden of proof at a due process hearing?

Plantiff

Can parents be awarded attorney fees by the courts?

yes, they can be awarded for reimbursements for expenses but not for expert witnesses, reimburse for costs in successful litigating fee petitions (fees-on-fees awards), they can limit the awards if school boards made settlement offers more than ten days before proceeding.

When are school boards required to provide educational services beyond the traditional school year?

When the child is displaying significant regression; the child will then be able to receive services for 'Extended School Year', this service is not meant to teach the child new content or advance the child's knowledge. It is only meant to prevent regression.

Why are school boards required to provide health services?

School boards are required to provide health services due to it being a related service, that allows individual students to receive equal opportunities to access education.

List the steps form Initial Concern to Placement for students with disabilities.

1. someone initial concern and refer students for special education services

2. parent are given procedural safeguards

3. assessment are conducted

4. determine placement

5. if not eligible- look to see if eligible for section 504

6. if eligible- IEP meeting is scheduled

Do parents lose all of their rights under IDEA when their children reach the age of majority?

true

If students are promoted from one level to another, such as elementary to middle school, does this constitute a change in placement?

No

Are school boards required to implement the findings and recommendations of independent evaluators?

No, they are only to inform the parents where they may obtain an IEE, and to consider the results of an IEE. making them not required to implement finding and recommendations

Does the elimination of a related service constitute a change in placement under the IDEA?

Yes

explain how the Endrew Case Clarified the Substantive standards for IEPs

Substantive standards aren't the procedures the teachers/ school administrators need to just cheek off. Instead Substantive standards are when the school is making sure the services the child is receiving is appropriate for their INDIVIDUAL needs and just not in light because of there cirstance. Endrew case did this by bring light to the courts that the services he was receiving in public school were not Individualized to his needs, so he had to attend a private school to receive those individual supports, resulting in the courts to put into place substantive standards that will assure that all services that are put into place are appropriate for that child, making it measurable, obtainable, and appropriate for the child

Explain the difference between procedural requirements and substantive requirements for developing IEPs.

Procedural Requirements: are the things the steps, things the schools must due "cheeking it off"

Substantive Requirements: are making sure that the each student is receiving measurable, reasonable, obtainable services under their IEP. Making it individualize to there needs to be successful with school.

School district responsibilities regarding an independent educational evaluation (IEE) include which two of the following?

- informing the parents where they may obtain an IEE

- Considering the results of an IEE

Which of the following parties would be most appropriate to make the LRE determination?

- the IEP team

Annual Goals in the IEP must

Correspond to the child's present level of academic achievement and functional performance

When an IEP team determines a student's placement, which three of the following factors may be considered in deciding on the placement?

- the students IEP

- the LRE mandate of the IDEA

- proximity of the proposed placement to the students home school

Which two of the following is NOT an educational record under the Family Educational Rights and Privacy Act (FERPA)?

- A teachers personal notes placed in a separate files (e.g. teachers file).

- Records of a law enforcement officer working in a school

The IDEA requires transition services to include measurable post-secondary goals based on age- appropriate transition assessments.

True

school boards are no required to educate all students with disabilities in inclusionary setting.

True

Under the procedural safeguards rules of the IDEA even minor changes in a child's special education, such as moving the class to a different room in the same building requires notice and consent.

False

what is "then-current placement" and when do students have to stay in that?

Then-current placement, is the placement that the IEP team determined would be best for the child (related services, least restrictive environment, etc). The child must stay in there then-current placement until the IEP team determines it is no longer necessary to continue the placement for the child.

Does the parent have to tell the school that they are removing their child and will be seeking tuition reimbursement beforehand?

Yes, the parent must tell the school 10 days before removing their child and must tell them that they are planning to seek tuition reimbursement.

List 3 of the 6 times that schools must ask for parental consent.

1. Evaluation of the child to see for possible disability.

2. An IEP team member not being able to attend, the IEP meeting.

3. Any changes that are being changed on the IEP

4. If the parent would like to provide medical insurance of the child to the school, however, that does not determine the services the student has the right to have at school.

Do special educational services need to be provided to a student who is suspended or expelled when the behavior was NOT a manifestation of their disability?

yes, the student must still receive special education services due to it being written in their IEP's. If the school didn't provide the student with their special education services that would be a 'change in placement' which means the students current related services or services that are in the IEP are being discontinued.

Describe one situation where the school board will probably be required to reimburse the parents for tuition due to a denial of FAPE.

The school would be required to reimburse the parents for private tuition due to the denial of FAPE if the IEP was not measurable, obtainable, and/reasonable to the individual child's needs to provide them with equal opportunities to succeed in school. Meaning the IEP team may of only checked off their procedural requirements but they did not implement substantive standards that tailor to the students individual needs. One case we read about that resulted in the higher up courts to require schools to not just do the bare minimum (only doing procedural requirements) anymore in IEP was the Endrew Case, which resulted in the courts telling school that they have to make sure the students IEP is obtainable and measurable for the students Individual needs (substantive standards).

Who has the burden of proof in Due Process Hearings & generally in Judicial Reviews

the plaintiff, has to bring the burden of proof.