Special Education

FAQs: Transportation

Is climate-controlled transportation required for children eligible to receive 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.

FAQs: Transition

What exactly are transition services?

The federal regulations define transition services as a “coordinated set of activities for a child with a disability that . . . is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation.” [34 C.F.R.

FAQs: Timelines

What is the timeline for an evaluation in Arizona?

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.

FAQs: Special Education & Related Services

Has the definition of “specially designed instruction” changed?

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.

FAQs: Records (Educational Records)

What is the definition of an “education record”?

“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.

SPED GUIDANCE: Special Education Timelines and COVID-19 and Other Resources

  • Wed, Mar 18 2020  •
    • COVID-19
    • Updates

Special Education Directors,

FAQs: Progress Reports

What are the IDEA requirements regarding IEP goal progress reports?

An IEP must include information as to “[w]hen periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided.” [34 C.F.R. § 300.320(a)(3)(ii)]

 

FAQs: Placement (Educational Placement)

Can an IEP team decide to provide a student with instruction at home only if the student’s medical doctor provides a medical order for instruction at home?

No. Homebound instruction under State law and home-based instruction under the IDEA are not the same thing. Arizona law identifies “homebound” as a funding category that can be used to provide instruction to a student whose doctor has certified that the student is unable to attend regular classes due to illness, disease, accident or other health condition “for a period of not less than three school months.” [A.R.S.

FAQs: Parents

How is “parent” defined in the IDEA regulations, and who can legally act as a parent?

According to the regulations that implement the IDEA, “[p]arent means — (1) A biological or adoptive parent of a child; (2) A foster parent; (3) A guardian generally authorized to act as the child’s parent or authorized to make educational decisions for the child (but not the State if the child is a ward of the State); (4) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or another relative) with whom the child lives, or an individual who is

FAQs: Meeting Notice, Prior Written Notice (PWN), and Procedural Safeguards Notice (PSN)

When and how often does a school need to provide parents with PSN (procedural safeguards notice)?

The regulations that implement the IDEA require that a school provide parents with PSN at least once annually and at specific milestones: upon initial referral or parent request for an evaluation, upon receipt of the first state complaint or the first due process complaint in a school year, at the time of some disciplinary actions, and upon request by a parent. [34 C.F.R. § 300.504(a)]