Offices & Communications
What is the Office of Special Education and Rehabilitative Services?
Define special education.
What is... "Adapting, as appropriate to the needs of an eligible child under this part, the content, methodology, or delivery of instruction to address the unique needs of the child that result from the child's disability and to ensure access of the child to the general education curriculum so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all children?"
If the state has not set a timeline for the evaluation, the child must be evaluated within this timeframe.
What is... 60 days?
"Adversely affects educational performance" references this...
What is... Academic concerns, peer interactions, participation in class activities, classroom conduct, standardized testing, homework, quizzes, and following directions.
"Schools are required to address the effects of a child's disability in all areas of functioning, including academic, social/emotional, cognitive, communication, and independent living skills."
When destroying special education records, staff should...
What is... Give parents prior notice in case they are needed for other purposes.
Define OSEP.
What is the Office of Special Education Programs?
Who determines what is "appropriate?"
What is... The IEP team? Unless, the parent appeals and requests state assistance in developing a directed IEP, goes to mediation, or invokes the child's due process rights for an impartial hearing.
When parents decline to provide consent on an evaluation, the LEA can...
What is... Pursue due process?
Diagnosis and classification are different. Eligibility groups have this authority.
What is... Eligibility groups in schools have no authority to diagnose a child, only to classify or label a child with a disability under the IDEA.
The timeline for keeping educational records is this.
What is... "They should be kept at least a year after a child is no longer eligible for services in the public school system or 5 years after a child is dismissed from the program in case of an audit; some jurisdictions (e.g., Texas) would say 3 years."
This type of letter does not carry the force of the law, but continues a long standing tradition of providing additional non-regulatory interpretations of the implementing regulations for the IDEIA.
What are OSEP letters?
Least restrictive environment (LRE) is determined in this way...
What is... The IEP team makes that decision after consideration of all available relevant information and placement options. The criteria are: 1) What is the setting that will afford the child maximum interaction with peers while 2) Affording them with a reasonable expectation of receiving non-trivial benefit from their education.
Children should be invited to IEP meetings when...
What is... "Appropriate," and "Whenever postsecondary goals or transition is being discussed."
This timeline in a change of placement for a student with an IEP or 504 triggers procedural safeguards.
What is... 10 days?
These are examples of personally identifiable information.
What is... The student's name, names of parents or family members, address, social security number, student's ID number, date of birth, place of birth, mother's maiden name, other information (alone or in combination) that is like to a specific student that would allow a reasonable person in the school c community who does not have personal knowledge of the relevant circumstances, to identify the student, or information requested by a person who the educational agency or institution reasonably believes knows the identity of the student.
Define OCR and their responsibilities.
What is the Office for Civil Rights? What is the responsibility for interpreting and and enforcing implementation of the ADA/504 and Title VI in schools.
This is the definition, according to federal regulations, of "highly qualified."
What is... An individual who is licensed or certified by the state education agency (SEA) or licensed by the state to perform the functions being questioned.
When releasing reports to non-family members, school-based team members should get this signed.
What is... A release of information, a written consent for release of records.
Parental permission is or is not required for a manifestation meeting?
What is... Not required. Written consent is required before conducting a functional behavioral assessment, however, which would help inform the manifestation determination meeting proceedings.
These are guardians' rights when it comes to inspecting test materials.
What is... FERPA allows parents to inspect protocols if they have any personally identifiable information on them. Parents do not have the right to copy the actual test manual or see the test kit.
The Family Policy Compliance Office monitors compliance with what?
What is FERPA (Family Educational Rights & Privacy Act) & PPRA (Protection of Pupil Rights Amendment)?
In order for consent to be valid, guardians must be informed of the following...
What is... 1) What actions will be undertaken as a result of their giving the consent, 2) That consent is voluntary, 3) Their rights under the law to appeal any decisions made as a result of the school's actions, 4) Their right to withdraw consent at any time, and 5) That the withdrawal of consent cannot be applied retroactively with respect to any action taken before their consent was withdrawn.
The only legal reason for excusing someone from a meeting is because of this...
What is... "The member's area of the curriculum or related service is not being modified or discussed in the meeting."
A medical diagnosis automatically equates to an IEP or 504.
What is... No, there must be evidence of educational impact or an impairment that significantly limits a major life activity. A comprehensive school-based evaluation helps inform the answer to these questions.
Parents have this right when it comes to changes in the educational record of the child.
What is... Parents have the right to request a report be amended. Schools have the right to say no. Parents can request a formal hearing or write a statement and have it attached.