Eligibility


Published: June 16th, 2016

If medical verification of a disability is required as part of a full and individual initial evaluation, can the school require the parent to secure and pay for such medical verification?

Schools cannot require parents to secure medical verifications. The IDEA requires schools to conduct a full and individual initial evaluation before the initial provision of special education and related services. [34 C.F.R. § 300.301(a)] The 9th Circuit Court of Appeals (whose decisions are binding on Arizona) has ruled that a school cannot abdicate or delegate to parents its affirmative duties under the IDEA to ensure that students are evaluated [34 C.F.R. § 300.111(a)(i)] and that they are evaluated in all areas of suspected disability [34 C.F.R. § 300.304(c)(4)] by referring parents to an outside agency to secure an evaluation, for “[s]uch an action does not ‘ensure that the child is assessed,’ as required by 20 U.S.C. § 1414(b)(3)(C).” [N.B. and C.B. v. Hellgate Elementary School District, 541 F.3d 1202 (9th Cir. 2008)]

Posted in Eligibility |
Published: June 16th, 2016

Does a student lose his/her eligibility for special education when he/she meets the IEP goals?

No. Schools must make a free appropriate public education (FAPE) available to all children with disabilities, with the following exceptions: 1) the student graduates and receives a regular high school diploma that is fully aligned with the State’s academic standards; 2) the student reaches the maximum age of eligibility under state law (which, in Arizona is the school year in which the student turns 22); 3) the student is evaluated and determined by the multidisciplinary evaluation team (MET) to be no longer eligible to receive special education instruction and services; or 4) the student’s parent revokes consent for the provision of special education and related services. [34 C.F.R. §§ 300.102; 300.305(e); 300.300(b)(4)] If a student achieves his/her IEP goals, the IEP team should review the IEP and revise it, as appropriate.

Posted in Eligibility |
Published: June 14th, 2016

If a student eligible to receive special education receives a GED (general educational development) credential, does the student lose his/her right to receive a FAPE?

No. According to the IDEA, graduation from high school with a regular high school diploma constitutes a change in placement. [34 C.F.R. § 300.102(a)(3)(iii)] However, the regulations go on to say that “the term regular high school diploma does not include an alternative degree that is not fully aligned with the State’s academic standards, such as a certificate or a general educational development credential (GED).” [Id. at subsection (a)(3)(iv)]

Posted in Eligibility |