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24 03, 2017

Supreme Court Decision in Endrew F. Focuses on Mainstreaming, Progress, and Designing IEPs to Meet Child’s ‘Unique Needs’

2017-06-30T15:31:42-05:00

[rescue_box color="blue" text_align="left" width="100%" float="none"]Article by Wrightslaw[/rescue_box] What a great day! On March 22, 2017, the U.S. Supreme Court issued another unanimous ruling in favor of children with special needs and their parents. The Court emphasized that full inclusion is the primary standard, with the "child progressing smoothly through the regular curriculum." The Court held that "merely more than de minimis" progress is not enough. Chief Justice Roberts wrote, "...IDEA demands more. It requires an educational program reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances." If a child is not fully included, school officials [...]

Supreme Court Decision in Endrew F. Focuses on Mainstreaming, Progress, and Designing IEPs to Meet Child’s ‘Unique Needs’2017-06-30T15:31:42-05:00
23 03, 2017

Supreme Court Clarifies FAPE Standard

2017-06-30T15:32:14-05:00

The United States Supreme Court issued a big decision on Wednesday. The high court clarified what FAPE means and how courts should apply the FAPE requirement. The decision in Endrew F by Joseph F v. Douglas County School District RE-1, # 15-827,  580 U.S. (2017) vacates and remands a previous decision by the Tenth Circuit. This was a unanimous decision, the second special education unanimous decision by the Supreme Court this year. Although this opinion clarifies how courts should apply the FAPE standard, the court's decision does not overrule the seminal Rowley decision. Instead, it clarifies Rowley and explains how courts have not been correctly interpreting the decision. [...]

Supreme Court Clarifies FAPE Standard2017-06-30T15:32:14-05:00
10 02, 2017

U.S. Department of Education Publishes New Transition Guide to Postsecondary Education and Employment for Students and Youth with Disabilities

2017-06-30T15:38:05-05:00

Transition planning is a mandatory aspect of special education service delivery, according to federal special education law (IDEA 20 U.S.C. 1400). Federal law requires that school special education teams engage in transition planning for each student’s transition to adulthood — that is, from high school to college or employment. The law states specific requirements for transition planning. These requirements include timing, assessment, goals, and services. In January 2017, the United States Department of Education published “A Transition Guide to Postsecondary Education and Employment for Students and Youth with Disabilities,” which explains IDEA’s requirement for transition planning and its relationship to the [...]

U.S. Department of Education Publishes New Transition Guide to Postsecondary Education and Employment for Students and Youth with Disabilities2017-06-30T15:38:05-05:00
10 02, 2017

ARD/IEP Committee Decision Making Process

2019-10-03T11:39:15-05:00

Federal regulations refer to an IEP team.  In Texas, this team is referred to as the Admission, Review, and Dismissal or ARD committee. This committee meets at least once a year to develop, review and/or revise a student's Individualized Education Program (IEP). IDEA says that the IEP meeting serves as a communication vehicle between parents and school personnel, and enables them, as equal participants, to make joint, informed decisions regarding- The student's needs and appropriate goals designed to enable them to be involved in and make progress in the general education curriculum; The extent to which the student will participate in [...]

ARD/IEP Committee Decision Making Process2019-10-03T11:39:15-05:00
9 02, 2017

Comments that Parents Hear: “We don’t have an aide (or service, equipment item, etc.) for your child”

2017-06-30T15:40:12-05:00

“We don’t have an aide (or service or equipment item, etc.) for your child, although we agree that it’s a good idea. Our budget is really tight and we just can’t afford it.” Recall the Law The school district must provide a Free Appropriate Public Education (FAPE) for children regardless of cost or funding issues. The school is required to identify building resources to meet the students’ needs. “Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability.” 300.39(a) “Public agencies, therefore, must not make placement decisions based [...]

Comments that Parents Hear: “We don’t have an aide (or service, equipment item, etc.) for your child”2017-06-30T15:40:12-05:00

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