Legal Updates

OSEP Letters

• IEPs must be aligned with grade-level academic standards (Dear Colleague, Nov. 16, 2015)

• Terms “dyslexia,” “dyscalculia,” and “dysgraphia” are not prohibited in IEPs under IDEA (Dear Colleague, Oct. 23, 2015)

• A parent may request an Independent Educational Evaluation (IEE) in an area that was not previously assessed by the school district’s special education evaluation (Letter to Baus, Feb. 23, 2015)

Due Process Hearing Decisions

• Hearing officer considered the issue of whether FAPE was denied because of bullying. In this case, decision was no incidents of bullying occurred (In Re: Student with a Disability, LEA 14-015)

• Hearing officer found student did not receive meaningful educational benefit pursuant to IEP and was denied FAPE (In Re: Student with a Disability, LEA 15-005)

Issues in IDEA Complaints

Special Education Evaluations• When a special education referral is made,

the district must move forward with an evaluation. There is no independent determination of whether the referral is warranted.

• When a parent makes a verbal request for a special education evaluation, the district has a duty to explain the process of making a referral, including the requirement the referral be in writing.

• Districts have Child Find responsibilities.

Issues in IDEA Complaints

IEPs and Implementation• When a student has a significant amount of

absences, districts have an obligation to conduct an IEP team meeting to ensure continuation of FAPE.

• An IEP must be developed to address a student’s individual needs.

• All services in the IEP must be clearly described, in a manner that can be understood by all involved in implementing the IEP.

• Burden of requesting services cannot be placed on the student.

Issues in IEP Complaints

Shortened School Day

• In rare circumstances, the student’s school day may be to address when an IEP team determines a shortened day is needed to address student’s disability-related needs.

• Whenever a student’s day is shortened, the IEP must include a plan to return the student to a full school day.

Issues in IDEA Complaints

Seclusion and Restraint

• Rooms or areas used for seclusion must be free of objects or fixtures that could injure the student.

• Following any incident of seclusion or physical restraint, parent must be notified within one business day and written report must be developed within three business days.

• Seclusion or physical restraint must end when safety concerns are resolved.

Legislation

• High school civics exam

• Special Needs Scholarship Program

• Changes to Open Enrollment

Information Update Bulletins

• Shortened School Days (14.03)

• Manifestation Determinations (14.02)

• Role of Educational Interpreters for Students who are Deaf or Hard of Hearing (13.03)

• Amount and Frequency of Special Education Services (10.07)