Cases
Jargon/Terms
Discipline
IEPs/ARD meetings
Procedural Safeguards
100
More clearly defined FAPE: schools do not have to maximize the full potential of students, just provide an educational benefit
Board of Education v. Rowley
100
Federal law that prohibits discrimination against persons with disabilities in programs that receive federal money.
What is 504
100
Determining if behavior is linked to the disability
Manifestation Determination
100
Number of meetings required in school year
Annually (at least)
100
When is parental consent required?
Prior to any evaluation or placement
200
Outlined a 4 point test to determine if IEP meets FAPE
Cypress-Fairbanks ISD v. Michael F., 1997
200
Process mandated by federal law to provide more services to students in general education in order to limit over-identification of special education students.
What is RTI (Response to Intervention)
200
Ten days
The amount of days a student can be removed from educational setting when behavior is linked to disability
200
What does ARD stand for?
Admission, Review, Dismissal
200
Letting parents know that an ARD meeting will take place
Notice
300
Mistake in failure of procedure doesn't mean denial of FAPE unless there was a loss of educational opportunity
Adam J. v. Keller ISD, 2003
300
Landmark legislation passed by Congress in 1975 guaranteeing a free, appropriate public education to all students with disabilities
P.L. 94-142; Education for All Handicapped Children Act; Individuals with Disabilities Education Act
300
When can restraint be used?
threat is imminent, serious physical harm to self or others; serious destruction of property
300
What drives the IEP?
The evaluation!
300
What happens in due process?
-sped parents request in writing for a due process hearing through the Texas Commissioner of Education -when request is made, the school district is required to convene a “preliminary meeting” in which parents and ARD committee attempt to resolve differences; law gives school 30 days from the date received complaint to solve the problem; after the 30 days, the parents can request a due process hearing -the commissioner will assign an “impartial” hearing officer and they will contact parents and school to schedule hearing; hearing officers are independent attorneys retained by TEA; their decisions cannot be overturned by school board, state board or commissioner; only route of appeal is to court
400
School must provide service if the student needs it to access public education and if it can be administered by someone other than a doctor
Irving ISD v. Tatro, 1984
400
Placement of students must be with their non-disabled peers as much as possible
LRE (Least Restrictive Environment)
400
Process of collecting data on the reason for behavior
FBA: Functional Behavior Assessment
400
IEPs must include...
-present levels of educational performance -measurable goals, including short term objectives -statement of sped, related services, supplementary aids and services, program modifications and supports -explanation of any exclusion of the child from regular classroom or extracurricular activities -accommodations for standardized tests -dates for services provided, including: frequency, duration and location -statement of how parents will be regularly informed of student’s progress toward goals
400
Who is usually responsible for paying for an IEE?
The school district
500
"Stay put" is enacted if a suspension lasts more than ten days and parent doesn't agree and appeals under IDEA
Honig v. Doe, 1988
500
Evaluation done by a qualified evaluator not employed by the school district
IEE: Independent Educational Evaluation
500
List of approved positive behavior supports and interventions
BIP: Behavior Intervention Plan
500
Required members of ARD committee
-Parent -Regular education teacher -Special education teacher or service provider -Someone who can interpret the instructional implications of the assessment data -Representative of the school district -Others who the parents or school believes have special knowledge or expertise -Student (when appropriate)
500
How much notice do school districts have to give parents before they can have an ARD meeting?
5 days, unless parents waive
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