Legal Updates. OSEP Letters IEPs must be aligned with grade-level academic standards (Dear...
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Transcript of Legal Updates. OSEP Letters IEPs must be aligned with grade-level academic standards (Dear...
![Page 1: Legal Updates. OSEP Letters IEPs must be aligned with grade-level academic standards (Dear Colleague, Nov. 16, 2015) Terms “dyslexia,” “dyscalculia,”](https://reader035.fdocuments.in/reader035/viewer/2022070414/5697c0131a28abf838cccc21/html5/thumbnails/1.jpg)
Legal Updates
![Page 2: Legal Updates. OSEP Letters IEPs must be aligned with grade-level academic standards (Dear Colleague, Nov. 16, 2015) Terms “dyslexia,” “dyscalculia,”](https://reader035.fdocuments.in/reader035/viewer/2022070414/5697c0131a28abf838cccc21/html5/thumbnails/2.jpg)
OSEP Letters
• IEPs must be aligned with grade-level academic standards (Dear Colleague, Nov. 16, 2015)
• Terms “dyslexia,” “dyscalculia,” and “dysgraphia” are not prohibited in IEPs under IDEA (Dear Colleague, Oct. 23, 2015)
• A parent may request an Independent Educational Evaluation (IEE) in an area that was not previously assessed by the school district’s special education evaluation (Letter to Baus, Feb. 23, 2015)
![Page 3: Legal Updates. OSEP Letters IEPs must be aligned with grade-level academic standards (Dear Colleague, Nov. 16, 2015) Terms “dyslexia,” “dyscalculia,”](https://reader035.fdocuments.in/reader035/viewer/2022070414/5697c0131a28abf838cccc21/html5/thumbnails/3.jpg)
Due Process Hearing Decisions
• Hearing officer considered the issue of whether FAPE was denied because of bullying. In this case, decision was no incidents of bullying occurred (In Re: Student with a Disability, LEA 14-015)
• Hearing officer found student did not receive meaningful educational benefit pursuant to IEP and was denied FAPE (In Re: Student with a Disability, LEA 15-005)
![Page 4: Legal Updates. OSEP Letters IEPs must be aligned with grade-level academic standards (Dear Colleague, Nov. 16, 2015) Terms “dyslexia,” “dyscalculia,”](https://reader035.fdocuments.in/reader035/viewer/2022070414/5697c0131a28abf838cccc21/html5/thumbnails/4.jpg)
Issues in IDEA Complaints
Special Education Evaluations• When a special education referral is made,
the district must move forward with an evaluation. There is no independent determination of whether the referral is warranted.
• When a parent makes a verbal request for a special education evaluation, the district has a duty to explain the process of making a referral, including the requirement the referral be in writing.
• Districts have Child Find responsibilities.
![Page 5: Legal Updates. OSEP Letters IEPs must be aligned with grade-level academic standards (Dear Colleague, Nov. 16, 2015) Terms “dyslexia,” “dyscalculia,”](https://reader035.fdocuments.in/reader035/viewer/2022070414/5697c0131a28abf838cccc21/html5/thumbnails/5.jpg)
Issues in IDEA Complaints
IEPs and Implementation• When a student has a significant amount of
absences, districts have an obligation to conduct an IEP team meeting to ensure continuation of FAPE.
• An IEP must be developed to address a student’s individual needs.
• All services in the IEP must be clearly described, in a manner that can be understood by all involved in implementing the IEP.
• Burden of requesting services cannot be placed on the student.
![Page 6: Legal Updates. OSEP Letters IEPs must be aligned with grade-level academic standards (Dear Colleague, Nov. 16, 2015) Terms “dyslexia,” “dyscalculia,”](https://reader035.fdocuments.in/reader035/viewer/2022070414/5697c0131a28abf838cccc21/html5/thumbnails/6.jpg)
Issues in IEP Complaints
Shortened School Day
• In rare circumstances, the student’s school day may be to address when an IEP team determines a shortened day is needed to address student’s disability-related needs.
• Whenever a student’s day is shortened, the IEP must include a plan to return the student to a full school day.
![Page 7: Legal Updates. OSEP Letters IEPs must be aligned with grade-level academic standards (Dear Colleague, Nov. 16, 2015) Terms “dyslexia,” “dyscalculia,”](https://reader035.fdocuments.in/reader035/viewer/2022070414/5697c0131a28abf838cccc21/html5/thumbnails/7.jpg)
Issues in IDEA Complaints
Seclusion and Restraint
• Rooms or areas used for seclusion must be free of objects or fixtures that could injure the student.
• Following any incident of seclusion or physical restraint, parent must be notified within one business day and written report must be developed within three business days.
• Seclusion or physical restraint must end when safety concerns are resolved.
![Page 8: Legal Updates. OSEP Letters IEPs must be aligned with grade-level academic standards (Dear Colleague, Nov. 16, 2015) Terms “dyslexia,” “dyscalculia,”](https://reader035.fdocuments.in/reader035/viewer/2022070414/5697c0131a28abf838cccc21/html5/thumbnails/8.jpg)
Legislation
• High school civics exam
• Special Needs Scholarship Program
• Changes to Open Enrollment
![Page 9: Legal Updates. OSEP Letters IEPs must be aligned with grade-level academic standards (Dear Colleague, Nov. 16, 2015) Terms “dyslexia,” “dyscalculia,”](https://reader035.fdocuments.in/reader035/viewer/2022070414/5697c0131a28abf838cccc21/html5/thumbnails/9.jpg)
Information Update Bulletins
• Shortened School Days (14.03)
• Manifestation Determinations (14.02)
• Role of Educational Interpreters for Students who are Deaf or Hard of Hearing (13.03)
• Amount and Frequency of Special Education Services (10.07)