FAPE

27 07, 2017

Comments that Parents Hear: “Your child is too smart to have an IEP.”

2019-10-03T12:06:40-05:00

Fact: Intelligence has no bearing on disability or need. Even individuals with genius level IQs can have a disability that affects their ability to access the curriculum. A student with a disability and "high cognition" can have needs (organizational skills, homework completion, social skills, counseling, and classroom behavior, etc.) that need to be addressed through special education and related services. IDEA does not require schools to help a child reach their potential. However, OSEP does say that the school should "consider information about outside or extra learning support provided to the child".  This would include support the family is providing directly [...]

Comments that Parents Hear: “Your child is too smart to have an IEP.”2019-10-03T12:06:40-05:00
20 07, 2017

Comments that Parents Hear: “We place all children with Autism here.”

2018-07-23T14:02:19-05:00

The IDEA regulations put an emphasis on students being served at their home campus. Courts, hearing officers, and the Office of Civil Rights (OCR) have allowed schools to place some groups of students with disabilities on one or more campuses with non-disabled students rather than on every campus. However, the law and regulations put a priority on the concept of students being educated with their peers and in the general education classroom to the extent possible. There also must be a “continuum of alternative placements” within the school.  Also a child with a disability is not to be “removed from education [...]

Comments that Parents Hear: “We place all children with Autism here.”2018-07-23T14:02:19-05:00
6 07, 2017

Access to the General Education Curriculum

2019-10-03T11:14:04-05:00

Access to the general education curriculum is about ensuring that all students with disabilities have access to be involved in and show progress in the general curriculum through curricular/instructional adaptations in the least restrictive environment (LRE). The Texas Education Agency (TEA) and ESC 20 have developed the Progress in the General Curriculum Network (PGC).  The PGC Network has developed documents on Standards-Based Individualized Education Program (IEP), Least Restrictive Environment (LRE), Specially Designed Instruction (SDI), and Grading/Progress Monitoring.  The goal of the PGC Network is to increase results for students with disabilities. This includes: An increase in state assessment proficiency rates in [...]

Access to the General Education Curriculum2019-10-03T11:14:04-05:00
29 06, 2017

Comments that Parents Hear: “Since your child just moved here, there is no reason to review the IEP.”

2018-07-12T11:27:42-05:00

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.”  Chuck Noe, Partners Resource Network’s Education Specialist, shares possible options in this post from the Comments that Parents Hear series. 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 [...]

Comments that Parents Hear: “Since your child just moved here, there is no reason to review the IEP.”2018-07-12T11:27:42-05:00
3 04, 2017

Who Won Endrew F?

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

[rescue_box color="blue" text_align="left" width="100%" float="none"]Article by Jim Gerl, Special Education Blog @ http://specialeducationlawblog.blogspot.com/2017/03/who-won-endrew-f-fape-iep-scotus.html [/rescue_box] I got an email from a reporter last week asking a fascinating question: did parents or school districts win in the Endrew F decision by the US Supreme Court? You can read the entire high court decision here. Also our previous posts concerning the case are available here and here. The reporter noted that it seems that parent groups are hailing the decision as a victory for them while at the same time school district groups are saying that they are already providing educational benefit at the [...]

Who Won Endrew F?2017-06-30T15:30:14-05:00
3 04, 2017

A Supreme Disappointment for Students with Disabilities

2017-06-30T14:21:34-05:00

[rescue_box color="blue" text_align="left" width="100%" float="none"]Article by Kalman R. Hettleman, The Baltimore Sun. http://www.baltimoresun.com/news/opinion/oped/bs-ed-scotus-schools-20170327-story.html [/rescue_box] The Supreme Court held unanimously last week — in its most momentous ruling on special education in over three decades — that the standard for services owed to students with disabilities under federal law is higher than "merely more than de minimis." Lower courts had been divided, with some saying services must be "meaningful" or "significant," and others saying "merely more than de minimis" — as in a step above trivial. The Supreme Court decision to raise the bar was generally hailed as a victory for students [...]

A Supreme Disappointment for Students with Disabilities2017-06-30T14:21:34-05:00

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