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Special Education Laws

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Marcus Daczewitz

on 19 August 2014

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Transcript of Special Education Laws

______________means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education…
Fill in the blank
The Americans with Disabilities Act (ADA)- Which one is False?
Review Game!
Education in the Least Restrictive Environment (LRE)

All children have the right to learn in the least restrictive environment (LRE) consistent with their academic, social, and physical needs.

The law mandated that children with disabilities receive their education with nondisabled peers to the maximum extent appropriate.

A continuum of placements must be available.
The LRE Provision
Mainstreaming ≠ inclusive education
Mainstreaming = “maindumping”
Inclusive education ≠ placement
Inclusive education = students with disabilities receive the services and supports appropriate to their individual needs within the general education setting
What is Inclusive Education?
Rail services must accommodate individuals with disabilities
Public locations- hotels, stores, and restaurants- are accessible
State and local governments may not discriminate
Telephone companies must provide adapted communication options for the deaf
ADA
Pennsylvania Association for Retarded Citizens v. Commonwealth of Pennsylvania. (1971)

Diana v. California State Board of Education. (1970)

In Mills v. District of Columbia. (1972)
http://scholar.google.com/scholar_case?case=16525133616378659396&hl=en&as_sdt=2&as_vis=1&oi=scholarr
Congressional Investigations (1972)
Catalysts for Change

Research in the 1950s and 1960s.

Movement toward expanding services in the public schools beyond special classrooms.

1960s - federal government and many universities expanded their role in education.
Education as a Privilege, Not a Right
_________means a coordinated set of activities for a child with a disability that is designed to be within a results-oriented process, 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
Fill in the blank
Five basics about the IEP: (Which one is false?)
IDEA lists 13 disability categories. Write them down!
IDEA
FAPE
LRE
IEP
We discussed 4 important acronyms that we need to remember about our nation’s special education law. Write them down
Q.1: Law that was originally signed in 1975 as the Education for All Handicapped Children Act (PL 94-142) and last reauthorized in 2004?
While not written for students with disabilities, many aspects have important implications for special education:
Students with disabilities must be included in school-wide AYP goals
If students with disabilities receive accommodations for statewide tests, and those accommodations result in scores being unreliable or invalid, the student will not be considered to have participated in the assessment
Overall participation rate must meet the minimum requirement
All teachers hold full state certification or licensure
No Child Left Behind Act of 2001
IDEA 2004 Amendments
Additions to IDEA

Transition Services
Statement of transition service needs must be included on the IEP by age 16
Early childhood education
Children younger than 3 are entitled to an individualized family service plan (IFSP) in place of the IEP
Assessments
Students with disabilities must participate in general state- and district-wide testing
Justification must be made for student to participate in alternate assessments
Early Intervening Services
Not more than 15% of funding received from the federal government can be allocated to RTI tiered services
Principles of IDEA
(a) Transition services means a coordinated set of activities for a child with a disability that—

(1) Is designed to be within a results-oriented process, 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;

(2) Is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and includes—
(i) Instruction;
(ii) Related services;
(iii) Community experiences;
(iv) The development of employment and other post-school adult living objectives; and
(v) If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.

(b) Transition services for children with disabilities may be special education, if provided as specially designed instruction, or a related service, if required to assist a child with a disability to benefit from special education.
Definition
Transition Services
Though not covered under IDEA the following groups do require special consideration when teaching:
Culturally and linguistically diverse groups
At-Risk
Gifted and Talented
Other groups to consider
Originally signed in 1975 as the Education for All Handicapped Children Act (PL 94-142)
Amended several times since then, most recently in 2004 (IDEA, 2004)
Most important provision:
all children, from 3-21, regardless of type or severity of disability, are entitled to FAPE
Discretionary funding provided for children with disabilities, aged 0-3
Individuals with
Disabilities Education Act (IDEA)
#1- Zero Reject

#2- Nondiscriminatory & Multidisciplinary Testing

#3- A Free and Appropriate Public Education (FAPE)

#4- Due Process/ Procedural Safeguards

#5- IEP

#6- Parent Participation
Major provisions of IDEA
1975 - P.L. 94–142 (Education for All Handicapped Children Act), which made available a free and appropriate public education (FAPE) to school age (6-21) students with disabilities.

1986 - P.L. 99-457 extended the rights and protections of school-age children to preschoolers ages 3-5 and established a state grant program for infants and toddlers (Part C)

1990 - Congress renamed the Education for All Handicapped Children Act, as the Individuals with Disabilities Education Act (IDEA) reflecting “person first” language and the national use of the term disability.

2004 - Re-authorized as the Individuals with Disabilities Education Improvement Act (IDEIA). Sections have merged with the No Child Left Behind Act (NCLB).
Individuals with Disabilities Education Act (IDEA)
Employers may not discriminate on the basis of disability
Employers may not ask if applicant has a disability
“Reasonable accommodations” must be provided in the workplace
New buses must be made accessible
Most communities must provide transportation
ADA
Vocational Rehabilitation Act of 1973

Prevents discrimination against individuals with disabilities by any institution receiving federal funds

Applies to both schools and workplace

Students not eligible under IDEA who demonstrate a significant learning problem that affects their ability to function in school are 504 protected
Section 504
History of Legislation (cont’d)
History of Relevant Legislation
What is special education?

Who is served?

What are the educational rights for

individuals with disabilities?

Where are students served?

How has special education changed?

Why has special education changed?
Questions
Section 504
Full inclusion: all support services are delivered to the student within the regular classroom setting

Partial inclusion: most support services are delivered to the student within the regular classroom setting. However, when appropriate, the student may be placed in another instructional setting.
What is Inclusive Education?
§ 300.34 Related services.

(a) General.
Related services
means transportation and such
developmental, corrective, and other supportive services
as are
required
to
assist
a child with a disability to
benefit from special education
, and includes speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or evaluation purposes. Related services also include school health services and school nurse services, social work services in schools, and parent counseling and training.
Definition
Related Services
Defined by the State (not the federal government)
Measured by appropriate diagnostic instruments and procedures, in 1 or more of these areas:
physical development
cognitive development
communication development
social or emotional development or
adaptive development
Developmental Delay
FAPE
4
What States must make available
to all eligible children with disabilities
Americans with
Disabilities Act (ADA)
Signed into law in 1990
Requires “reasonable accommodations” be provided in the workplace, and that individuals with disabilities may not be discriminated against
Also protects individuals enrolled in colleges and universities
Transition services are intended to help youth with disabilities make the transition from the world of secondary school to the world of adulthood
Supplementary aids and services means
aids, services, and other supports that are
provided in regular education classes, other
education-related settings,
and in extracurricular and
nonacademic settings,
to enable children with
disabilities to be educated
with nondisabled children
to the maximum extent
appropriate in accordance
with §§300.114 through
300.116…
Definition
Supplementary Aids and Services
IEP
Every public school child with disabilities receiving IDEA-funded special education must have one
Individualized Education Program
4
IDEA
Our nation’s special education law
Individuals with Disabilities Education Act
Acronyms Defined
The
Basics
of
Special Education

…and includes—
Definition
Related Services
speech-language pathology and audiology services
interpreting services
psychological services
physical and occupational therapy
recreation, including therapeutic recreation
early identification and assessment of disabilities in children
counseling services, including rehabilitation counseling
orientation and mobility services
medical services for diagnostic or evaluation purposes
school health services and school nurse services
social work services in schools
parent counseling and training
…as are required to assist a child with a disability to benefit from special education…
Related services means transportation and such developmental, corrective, and other supportive services…
Definition
Related Services
Under §300.8(b), a State may adopt a definition of
“child with a disability” that includes:

Children aged
3 through 9*
who are experiencing “developmental delays”
Child with a Disability
*(or any subset
of that age range)
Children with disabilities are to be educated with children who do not have disabilities, to the maximum extent appropriate
LRE
Least Restrictive Environment
§300.320

§300.324
§300.22
IDEA’s Definition of IEP
This includes:
“(A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and

“(B) instruction in physical education”
…specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability…”
Special Education
autism
deaf-blindness
deafness
emotional disturbance
hearing impairment
mental retardation
multiple disabilities
orthopedic impairment
other health impairment
specific learning disability
speech or language impairment
traumatic brain injury or
visual impairment (including blindness)
…and who, by reason thereof, needs special education and related services.
"Child with a disability" means a child evaluated in accordance with §§300.304 through 300.311 as having…
1. Individualized
2. Written plan for a child’s education
3. Written by parents and school staff together
4. Lists the special education the child will receive, and more
5. Is both a document and a process
Basics about the IEP
5
Civil Rights Era
EAHCA/IDEA/IDEIA
Transition Services
Related Services
Autism
Deaf-blindness
Deafness
Emotional Disturbance
Hearing Impairment
Mental Retardation
Multiple Disabilities
Orthopedic Impairment
Other Health Impairment (OHI)
Specific Learning Disability
Speech or Language Impairment
Traumatic Brain Injury
Visual Impairment
Individualized
Written Plan for a child's education
Written only by school staff
Lists the special education the child will receive, and more
Is both a document and a process
Signed into law in 1990
Doesn't protect individuals enrolled in colleges and universities
Requires "reasonable accommodations" be provided in the workplace, and that individuals with disabilities may not be discriminated against
Requires public locations to be accessible
ADA
Section 504
IDEA
NCLB
Prevents discrimination against individuals with disabilities by any institution receiving federal funds
Applies to both schools and workplace
Students not eligible under IDEA who demonstrate a significant learning problem that affects their ability to function in school are also not eligible under Section 504
A
B
C
D
E
A & B are correct
All are incorrect

In fact, it is recommended that if a child does not qualify under IDEA, the school should conduct an evaluation for Section 504 qualification.
Acronyms Defined
Acronyms Defined
Acronyms Defined
4
4
…and who, by reason thereof, needs special education and related services.
Individualized education program or IEP means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with Sec. 300.320 through 300.324.
Sec. 300.320 Definition of individualized education program.
(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with Sec. Sec. 300.320 through 300.324, and that must include--
(1) A statement of the child's present levels of academic achievement and functional performance, including--
(i) How the child's disability affects the child's involvement and progress in the general education curriculum (i.e., the same curriculum as for nondisabled children); or
(ii) For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities;
(2) (i) A statement of measurable annual goals, including academic and functional goals designed to--
(A) Meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and
(B) Meet each of the child's other educational needs that result from the child's disability;
(ii) For children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives;
(3) A description of--
(i) How the child's progress toward meeting the annual goals
described in paragraph (2) of this section will be measured; and
(ii) When 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;
(4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child--
(i) To advance appropriately toward attaining the annual goals;
(ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and
(iii) To be educated and participate with other children with
disabilities and nondisabled children in the activities described in this section;
(5) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular education environment and in the activities described in paragraph (a)(4) of this section;
(6) (i) A statement of any individual appropriate accommodations
that are necessary to measure the academic achievement and functional performance of the child on State and district-wide assessments consistent with Sec. 300.160; and
(ii) If the IEP Team determines that the child must take an alternate assessment instead of a particular regular State or district-wide assessment of student achievement, a statement of why--
(A) The child cannot participate in the regular assessment; and
(B) The particular alternate assessment selected is appropriate for the child; and
(7) The projected date for the beginning of the services and modifications described in paragraph (a)(4) of this section, and the anticipated frequency, location, and duration of those services and modifications.
(b) Transition services. Beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, and updated annually, thereafter, the IEP must include--
(1) Appropriate measurable postsecondary goals based upon age
appropriate transition assessments related to training, education,
employment, and, where appropriate, independent living skills; and
(2) The transition services (including courses of study) needed to assist the child in reaching those goals.
(c) Transfer of rights at age of majority. Beginning not later than one year before the child reaches the age of majority under State law, the IEP must include a statement that the child has been informed of the child's rights under Part B of the Act, if any, that will transfer to the child on reaching the age of majority under Sec. 300.520.
(d) Construction. Nothing in this section shall be construed to require--
(1) That additional information be included in a child's IEP beyond what is explicitly required in section 614 of the Act; or
(2) The IEP Team to include information under one component of a
child's IEP that is already contained under another component of the child's IEP. (Authority: 20 U.S.C. 1414(d)(1)(A) and (d)(6))

Sec. 300.321 IEP Team.
(a) General. The public agency must ensure that the IEP Team for each child with a disability includes--
(1) The parents of the child;
(2) Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment);
(3) Not less than one special education teacher of the child, or where appropriate, not less then one special education provider of the
child;
(4) A representative of the public agency who--
(i) Is qualified to provide, or supervise the provision of,
specially designed instruction to meet the unique needs of children with disabilities;
(ii) Is knowledgeable about the general education curriculum; and
(iii) Is knowledgeable about the availability of resources of the
public agency.
(5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in
paragraphs (a)(2) through (a)(6) of this section;
(6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and
(7) Whenever appropriate, the child with a disability.
(b) Transition services participants.
(1) In accordance with paragraph (a)(7) of this section, the public agency must invite a child with a disability to attend the child's IEP meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under Sec. 300.320(b).
(2) If the child does not attend the IEP meeting, the public agency must take other steps to ensure that the child's preferences and
interests are considered.
(3) To the extent appropriate, with the consent of the parents or a
child who has reached the age of majority, in implementing the
requirements of paragraph (b)(1) of this section, the public agency
must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.
(c) Determination of knowledge and special expertise. The determination of the knowledge or special expertise of any individual described in paragraph (a)(6) of this section must be made by the party (parents or public agency) who invited the individual to be a member of the IEP Team.
(d) Designating a public agency representative. A public agency may
designate a public agency member of the IEP Team to also serve as the
agency representative, if the criteria in paragraph (a)(4) of this section are satisfied.
(e) IEP Team attendance.
(1) A member of the IEP Team is not required to attend an IEP meeting, in whole or in part, if the parent of a child with a disability and the public agency agree, in writing, that the attendance of the member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting.
(2) A member of the IEP Team may be excused from attending an IEP
meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services, if--
(i) The parent, in writing, and the public agency consent to the
excusal; and
(ii) The member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting.
(f) Initial IEP meeting for child under Part C. In the case of a child who was previously served under Part C of the Act, an invitation to the initial IEP meeting must, at the request of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services.
(Authority: 20 U.S.C. 1401(30), 1414(d)(1)(A)(7),(B))

Sec. 300.322 Parent participation.
(a) Public agency responsibility--general. Each public agency must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP meeting or are afforded the opportunity to participate, including--
(1) Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and
(2) Scheduling the meeting at a mutually agreed on time and place.
(b) Information provided to parents.
(1) The notice required under paragraph (a)(1) of this section must--
(i) Indicate the purpose, time, and location of the meeting and who will be in attendance; and
(ii) Inform the parents of the provisions in Sec. 300.321(a)(6) and (c) (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the child).
(2) For a child with a disability beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, the notice also must--
(i) Indicate--
(A) That a purpose of the meeting will be the consideration of the postsecondary goals and transition f0(b); and
(B) That the agency will invite the student; and
(ii) Identifies any other agency that will be invited to send a
representative.
(c) Other methods to ensure parent participation. If neither parent can attend, the public agency must use other methods to ensure parent participation, including individual or conference telephone calls, consistent with Sec. 300.328 (related to alternative means of meeting participation).
(d) Conducting an IEP meeting without a parent in attendance. A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case, the public agency must keep a record of its attempts to arrange a mutually agreed on time and place.
(e) Parent copy of child's IEP. The public agency must give the parent a copy of the child's IEP at no cost to the parent.
(Authority: 20 U.S.C. 1414(d)(1)(B)(i))

Sec. 300.323 When IEPs must be in effect.
(a) General. At the beginning of each school year, each public agency must have in effect, for each child with a disability within its jurisdiction, an IEP, as defined in Sec. 300.320.
(b) IEP or IFSP for children aged three through five.
(1) In the case of a child with a disability aged three through five (or, at the discretion of the SEA, a two-year-old child with a disability who will turn age three during the school year), the IEP Team must consider an IFSP that contains the IFSP content (including the natural environments statement) described in section 636(d) of the
Act and its implementing regulations (including an educational
component that promotes school readiness and incorporates pre- literacy, language, and numeracy skills for children with IFSPs under this section who are at least three years of age), and that is developed in accordance with the IEP procedures under this part. The IFSP may serve as the IEP of the child, if using the IFSP as the IEP is--
(i) Consistent with State policy; and
(ii) Agreed to by the agency and the child's parents.
(2) In implementing the requirements of paragraph (b)(1) of this section, the public agency must--
(i) Provide to the child's parents a detailed explanation of the
differences between an IFSP and an IEP; and
(ii) If the parents choose an IFSP, obtain written informed consent from the parents.
(c) Initial IEPs; provision of services. Each public agency must ensure that--
(1) A meeting to develop an IEP for a child is conducted within 30-
days of a determination that the child needs special education and
related services; and
(2) As soon as possible following development of the IEP, special
education and related services are made available to the child in
accordance with the child's IEP.
(d) Accessibility of child's IEP to teachers and others. Each public agency must ensure that the child's IEP is accessible to each regular education teacher, special education teacher, related service provider, and other service provider who is responsible for its implementation.
(e) Program for children who transfer public agencies.
(1) (i) In the case of a child with a disability who transfers public agencies within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in the same State, the public agency, in consultation with the parents, must provide FAPE to the child, including services comparable to those described in the previously held IEP, until such time as the public agency adopts the previously held IEP or develops, adopts, and implements a new IEP that is consistent with Federal and State law.
(ii) In the case of a child with a disability who transfers public
agencies within the same academic year, who enrolls in a new school, and who had an IEP that was in effect in another State, the public agency, in consultation with the parents, must provide the child with FAPE, including services comparable to those described in the previously held IEP, until such time as the public agency conducts an
evaluation pursuant to Sec. 300.304 through 300.306, if
determined to be necessary by the public agency, and develops a new IEP, if appropriate, that is consistent with Federal and State law.
(2) To facilitate the transition for a child described in paragraph (e)(1) of this section--
(i) The new public agency in which the child enrolls must take
reasonable steps to promptly obtain the child's records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the child, from the previous public agency in which the child was enrolled, pursuant to section 99.31(a)(2) of title 34, Code of Federal Regulations; and
(ii) The previous public agency in which the child was enrolled
must take reasonable steps to promptly respond to the request from the new public agency.
(Authority: 20 U.S.C. 1414(d)(2)(A)-(C))

Development of IEP

Sec. 300.324 Development, review, and revision of IEP.
(a) Development of IEP.
(1) General. In developing each child's IEP, the IEP Team must consider--
(i) The strengths of the child;
(ii) The concerns of the parents for enhancing the education of
their child;
(iii) The results of the initial or most recent evaluation of the
child; and
(iv) The academic, developmental, and functional needs of the child.
(2) Consideration of special factors. The IEP Team must--
(i) In the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;
(ii) In the case of a child with limited English proficiency, consider the language needs of the child as those needs relate to the child's IEP;
(iii) In the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP Team determines, after an evaluation of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the child;
(iv) Consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode; and
(v) Consider whether the child needs assistive technology devices and services.
(3) Requirement with respect to regular education teacher. A regular education teacher of a child with a disability, as a member of the IEP Team, must, to the extent appropriate, participate in the development of the IEP of the child, including the determination of--
(i) Appropriate positive behavioral interventions and supports and other strategies for the child; and
(ii) Supplementary aids and services, program modifications, and support for school personnel consistent with Sec. 300.320(a)(4).
(4) Agreement. In making changes to a child's IEP after the annual IEP meeting for a school year, the parent of a child with a disability and the public agency may agree not to convene an IEP meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child's current IEP.
(5) Consolidation of IEP Team meetings. To the extent possible, the public agency must encourage the consolidation of reevaluation meetings for the child and other IEP Team meetings for the child.
(6) Amendments. Changes to the IEP may be made either by the entire IEP Team or, as provided in paragraph (a)(4) of this section, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated.
(b) Review and revision of IEPs.
(1) General. Each public agency must ensure that, subject to paragraph (b)(2) of this section, the IEP Team--
(i) Reviews the child's IEP periodically, but not less than annually, to determine whether the annual goals for the child are being achieved; and
(ii) Revises the IEP, as appropriate, to address--
(A) Any lack of expected progress toward the annual goals described in Sec. 300.320(a)(2), and in the general education curriculum, if appropriate;
(B) The results of any reevaluation conducted under Sec. 300.303;
(C) Information about the child provided to, or by, the parents, as
described under Sec. 300.305(a)(2);
(D) The child's anticipated needs; or
(E) Other matters.
(2) Requirement with respect to regular education teacher. A regular education teacher of the child, as a member of the IEP Team, must, consistent with paragraph (a)(3) of this section, participate in the review and revision of the IEP of the child.
(c) Failure to meet transition objectives.
(1) Participating agency failure. If a participating agency, other than the public agency, fails to provide the transition services described in the IEP in accordance with Sec. 300.320(b), the public agency must reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP.
(2) Construction. Nothing in this part relieves any participating agency, including a State vocational rehabilitation agency, of the
responsibility to provide or pay for any transition service that the
agency would otherwise provide to children with disabilities who meet the eligibility criteria of that agency.
(d) Children with disabilities in adult prisons.
(1) Requirements that do not apply. The following requirements do not apply to children with disabilities who are convicted as adults under State law and incarcerated in adult prisons:
(i) The requirements contained in Sec. 300.160 and Sec.
300.320(a)(6) (relating to participation of children with disabilities in general assessments).
(ii) The requirements in Sec. 300.320(b) (relating to transition
planning and transition services), do not apply with respect to the children whose eligibility under Part B of the Act will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.
(2) Modifications of IEP or placement.
(i) Subject to paragraph (c)(2)(ii) of this section, the IEP Team
of a child with a disability who is convicted as an adult under State law and incarcerated in an adult prison may modify the child's IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.
(ii) The requirements of Sec. 300.320 (relating to IEPs), and
300.112 (relating to LRE), do not apply with respect to the
modifications described in paragraph (c)(1) of this section.
(Authority: 20 U.S.C. 1412(a)(1), 1412(a)(12) (A)(i), 1414(d)(3), (4)(B), and (7); and 1414(e))
(b) Exception; services that apply to children with surgically implanted devices, including cochlear implants. (1) Related services do not include a medical device that is surgically implanted, the optimization of that device’s functioning (e.g., mapping), maintenance of that device, or the replacement of that device…
Definition
Definition
Definition
Acronyms Defined
4
Free
Appropriate
Public
Education
Started with court cases like PARC & Mills...
Codified in the act
{
Content of IEPs - PLAAFP
Research-based practice
Accommodations and alternative assessments
IEP meetings
Discipline
Identification of learning disabilities
Early Intervention funding
Special education teacher license (Corey H.)
IDEA was last reauthorized in 2004. Before that it was 1998. Before that it was 1991, 1986, 1975. What does that tell you about what may be happening soon? We'll be reading about a reauth soon and some of the info you are learning now will be changing. It will be up to you as a special educator to keep up with new requirements as they come out.
IDEA
FAPE
IEP
LRE
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