Exceptional Student Services
The suggestions below are practical advice, not requirements. ESS and Dispute Resolution staff have collaborated to share their ideas about how to develop, nurture and maintain good relationships with parents, how to make the IEP process smoother and more understandable, and how to help build a culture of ongoing compliance along the way.
Often the prior written notice (PWN) form will have a date at the top when it is provided to the parent, but the date of the decision referenced in the PWN is often not included, leading to possible confusion.
Suggestion: Include in the wording of the PWN the date of the meeting when the decision to propose or refuse the action actually occurred, as the date when the PWN was written is not always the same as the date of the meeting when the decision took place.
When reduced to basics, the IEP is a communication tool used so that everyone understands what is expected will happen. School personnel often fall into noncompliance because they view the regulatory requirements as administrative hoops to jump through rather than important steps to follow to ensure clear communication and a shared understanding. When school personnel view the regulations as an impediment or a bureaucratic imperative only, the result is often a frayed relationship with parents and noncompliance can result.
Please see this timely professional development opportunity from our colleagues in AZCEC, AZCASE, and SEAA.
Join AZCEC, AZCASE, and SEAA in sharing ideas on alternative service models during the COVID-19 pandemic.
This is an opportunity for Directors of Special Education to hear ASU Prep’s success on getting services virtual, and to share other formats of alternative service models. This meeting will be hosted by Janet Holt, ESS Director for ASU Prep, and assisted by AZCEC, AZCASE, and SEAA Presidents.
Please join us: Monday, March 23 from 10 a.m. - 12 p.m. Access the meeting
Special Education can be confusing. Here are several links to topics you might find useful as you journey to learn more about how special education works.
Click on the links below to access useful information and guidance regarding the regulations that implement the Individuals with Disabilities Education Act (IDEA), corresponding Arizona State Board of Education rules, guidance from the US Department of Education/Office of Special Education Programs (OSEP), and case law involving special education.
The regulations that implement the IDEA are silent in regard to climate-controlled transportation. As a general rule, IEP teams determine whether transportation for a child with a disability is a related service that the student needs in order to access special education services, and in this context an IEP team can determine that a student needs climate-controlled transportation, which would need to be provided to the student at no cost to the parents.
The federal regulations are clear that an evaluation must be completed within 60 days of the date the school received informed written consent from the parent or within the timeframe established by the State. [34 C.F.R. § 300.301(c)(1)] Arizona State Board of Education rules clarify that if the evaluation or reevaluation is initiated by the school, it must be conducted within 60 days from the date the school received informed written parental consent. [A.A.C.
The IDEA regulations define special education as “specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability.” [34 C.F.R. § 300.39(a)(1)] The regulation continues: “[s]pecially designed instruction means adapting, as appropriate to the needs of the eligible child … the content, methodology, or delivery of instruction.” [Id.
“Education record” is a term defined under the Family Educational Rights and Privacy Act (FERPA) and incorporated into the IDEA by reference. FERPA defines education records as records that are directly related to a student and that are maintained by an educational agency. [20 U.S.C. § 1232g(d); 34 C.F.R.