Special Education

FAQs: Myths of Special Education

Can medical doctors prescribe special education?

No. Following a review of existing data and the administration of any additional assessments determined necessary, a group of qualified professionals and the parent of the child determines whether the child is a child with a disability and the educational needs of the child. [See 34 C.F.R. § 300.306] Information from a medical doctor should be considered by the multidisciplinary evaluation team (MET), but no one individual can determine that a child meets eligibility requirements; eligibility requires a team decision.

 

FAQs: Manifestation Determinations

When does a manifestation determination meeting need to occur?

Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the school, the parent, and relevant members of the child’s IEP Team must conduct a manifestation determination. [34 C.F.R. § 300.530(e)(1)] A change of placement occurs if: (1) the student is removed for more than 10 consecutive school days, or (2) the student is subjected to a series of removals that constitute a pattern. [34 C.F.R.

FAQs: IEP Team Authority

Do IEP teams have the authority to retain a student to repeat a grade level, or promote a student eligible for special education to the next grade level?

Arizona law invests in teachers the duty to make the decision to promote a pupil from grade to grade or retain a pupil, and to pass or fail a pupil in a course in high school. [See A.R.S. § § 15-701(E) and 15-701.01(E)] The teacher’s decision may be overturned by the public education agency’s governing board. [A.R.S.

FAQs: IEP Team

Are related service providers required to attend IEP meetings?

When assembling an IEP team, a school is required by the regulations that implement the IDEA to include, at a minimum, a regular education teacher of the child, a special education teacher of the child, the parent(s), an agency representative who has the authority to commit resources, someone to explain evaluation results, and, when appropriate, the child. [34 C.F.R.

FAQs: IEP Team Meeting

How often and when does an IEP team need to meet?

“Each public agency must ensure that . . .

FAQs: Individualized Education Program

What are the required components of an Individualized Education Program (IEP)?

An IEP is a written statement for a child with a disability that is developed, reviewed, and revised in a meeting and that must include certain content:

CANCELED: PD OPPORTUNITY: SEAA/Talk with ADE Meetings – March 27, 2020

  • Tue, Mar 17 2020  •
    • Updates

Special Education Directors,

FAQs: Independent Educational Evaluation

What is an independent educational evaluation (IEE) and when is a parent entitled to one?

Basically an IEE is a second opinion. The Individuals with Disabilities Education Act (IDEA) and its implementing regulations afford parents of children with disabilities the right to obtain, at public expense, an IEE, which is “an evaluation conducted by a qualified evaluator who is not employed by the public education agency responsible for the education of the child in question.” [34 C.F.R.

FAQs: Functional Behavioral Assessment and Behavioral Intervention Plans

What is a functional behavioral assessment (FBA), when is one required, and who conducts it?

There is nothing in the IDEA regulations that specifically spells out how a FBA is to be conducted; the determination of what constitutes a valid or a current FBA is defined by the IEP team. [34 C.F.R. Part 300, Analysis of Comments and Changes, Subpart E-Procedural Safeguards, Federal Register, Vol. 71, No. 156, p.

FAQs: Extended School Year

What are Extended School Year (ESY) services?

Extended school year services are special education and related services that are provided to a child with a disability beyond the normal school year, are in accordance with a child’s IEP, are provided at no cost to the parents, and are in alignment with the standards set by the state education agency (SEA). [34 C.F.R. § 300.106(b)] The regulations that implement the IDEA require IEP teams to determine, on an individual basis, whether ESY services are necessary to provide a FAPE to the child. [34 C.F.R.