The parent may assert any of the IDEA protections (i.e. manifestation determination, due process hearing, mediation, complaint, and functional behavior assessment) if the LEA has knowledge that the student is a student with a disability before the behavior that precipitated the disciplinary action occurs. When a parent asserts IDEA protections, the LEA must determine if it has a basis of knowledge or not.
It’s time for another of Chuck’s Comments that Parents Hear posts!
How should you respond if the school says: “Since your child just moved here, there is no reason to review the IEP. We will just transfer the old goals to our new forms.”
Recall the Law
The regulations differentiate between a student who has transferred within the state and one who transferred from another state.
If the student came from another school within the same state, the new school “in consultation with the parents” must provide FAPE (Free Appropriate Public Education) to the child (including services comparable to those described in the child’s IEP from the previous public agency), until the new public agency either (1) Adopts the child’s IEP from the previous public agency; or (2) Develops, adopts, and implements a new IEP that meets the applicable requirements in 300.320 through 300.324.” 300.323(e)
The Office of Special Education Programs (OSEP) at the U.S. Department of Education regularly provides guidance to the field on the nation’s special education law, the Individuals with Disabilities Education Act (IDEA). “Guidance” can take several forms:
- OSEP’s correspondence in response to questions received from the field;
- policy documents and letters on priority issues; and
- non-regulatory guidance.
All are intended to clarify elements of the law and its regulations. Often, OSEP responds directly to questions from state and local special education directors. These letters are an important part of understanding IDEA and how to implement it.