Can A School Report Card In California Indicate That A Student Receives Special Education Services
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FAQs: Least Restrictive Environment (LRE), Mainstreaming, Inclusion Wrightslaw Note: This article equally issued as a "guidance response" from the U. South. Department of Education Office of Special Education and Rehabilitation Services (OSERS), in response to questions from the National Didactics Clan (NEA) Introduction The Office of Special Education Programs (OSEP) and the Part of Special Pedagogy and Rehabilitative Services (OSERS) have been asked to provide guidance in a question and answer format on some frequently asked questions about the requirements of Federal law, especially the Individuals with Disabilities Education Act (IDEA), that are relevant to educating students with disabilities. These questions were submitted by the National Instruction Clan. IDEA, formerly the Teaching of the Handicapped Act, includes Part B, the basic grants to States program. Originally enacted in 1975 as Public Law 94-142, Role B of IDEA provides Federal funds to aid States and schoolhouse districts in making a gratis appropriate public education available to students with specified disabilities in mandated age ranges beginning at a educatee'due south third altogether and peradventure lasting to a student's xx-second birthday, depending on State law and practice. Students with specified physical, mental, emotional or sensory impairments who need special education and related services are eligible for special pedagogy and related services under Part B of IDEA. Office B of IDEA is administered by OSEP. Department regulations implementing Part B of IDEA are at 34 CFR Part 300. Throughout this certificate, the acronym IDEA will be used to refer to the Role B programme. Two related Federal laws enforced by the Section'southward Function for Civil Rights (OCR) as well contain requirements relating to disabled students in public simple or secondary didactics programs. Section 504 of the Rehabilitation Act of 1973 (Section 504) prohibits discrimination on the basis of disability by recipients of Federal financial assistance, including Thought funds. The Section 504 regulation at 34 CFR Function 104, 104.33-104.36, describes "gratuitous appropriate public education" requirements that are similar to the "free appropriate public education requirements" in IDEA. Title II of the Americans with Disabilities Human activity (ADA) prohibits discrimination on the ground of disability past Country and local governments, whether or not they receive Federal funds. The Part for Civil Rights interprets the requirements of Championship Two of the ADA as consequent with those of Section 504. The similarities and differences in the requirements of the three laws are described in further detail in the response to question 13. Generally, the responses in this question and answer document reflect the requirements of Idea, unless the question specifically calls for an interpretation of Department 504, Championship II of the ADA, or some other Federal law. Questions & Answers i.A. What does the federal law require and non require with respect to inclusion? Answer: Idea does non use the term "inclusion." Thought does crave schoolhouse districts to place students in the least restrictive environment (LRE). LRE means that, to the maximum extent appropriate, school districts must educate students with disabilities in the regular classroom with appropriate aids and supports, referred to equally "supplementary aids and services," forth with their nondisabled peers in the schoolhouse they would attend if not disabled, unless a pupil'south individualized didactics programme (IEP) requires some other arrangement. This requires an individualized inquiry into the unique educational needs of each disabled educatee in determining the possible range of aids and supports that are needed. Some supplementary aids and services that educators accept used successfully include modifications to the regular class curriculum, assistance of an itinerant teacher with special education preparation, special education training for the regular teacher, apply of computer-assisted devices, provision of notetakers, and employ of a resource room, to mention a few. In implementing Idea's LRE provisions, the regular classroom in the school the student would attend if not disabled is the commencement placement option considered for each disabled student before a more than restrictive placement is considered. If a pupil with a disability can be educated satisfactorily with appropriate aids and supports in the regular classroom in the school the student would attend if not disabled, that placement is the LRE placement for that student. Even so, if the placement team determines that a pupil cannot exist educated satisfactorily in that environment, even with the provision of appropriate aids and supports, the regular classroom in the school the student would nourish if non disabled is non the LRE placement for that student. Any culling placement selected for the student exterior of the regular educational environs must maximize opportunities for the educatee to interact with nondisabled peers, to the extent appropriate to the needs of the educatee. IDEA does not require that every educatee with a inability exist placed in the regular classroom regardless of individual abilities and needs. This recognition that regular class placement may not be appropriate for every disabled educatee is reflected in the requirement that school districts make available a range of placement options, known as a continuum of alternative placements, to meet the unique educational needs of students with disabilities. This requirement for the continuum reinforces the importance of the individualized research, non a "1 size fits all" arroyo, in determining what placement southward the LRE for each educatee with a inability. The options on this continuum must include the alternative placements listed in the definition of special education under 300.17 (instruction in regular classes, special classes, special schools, dwelling house educational activity, and teaching in hospitals and institutions). 1.B. Is at that place a Federal definition of "inclusion?" Answer: Because Federal statutes do not use the term "inclusion," the Section of Education has not divers that term. 2. Federal law requires the provision of necessary supports simply when inadequate financial or personnel resources ways that one or more than necessary supports is not available, what does the Department recommend that educators and school districts exercise? What can be done to ensure that the needed supports are provided? Which bureau has ultimate responsibility for providing required special education and related services and needed supports if the responsible school commune cannot fund those services? Answer: States receiving funds nether Thought must brand a free advisable public didactics available to eligible children with disabilities. The provision of a complimentary appropriate public education requires that all special didactics and related services identified in a pupil'southward IEP must be provided at no cost to the parents. The term "special didactics" is defined at 34 CFR 300.17(a) as "specially designed teaching, at no cost to the parents, to meet the unique needs of a kid with a disability, including -- (I) Educational activity conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and (ii) Education in physical didactics. (2) The term includes spoken language pathology, or any other related service if the service consists of specially designed instruction, at no cost to the parents, to meet the unique needs of a kid with a disability, and is considered special instruction rather than a related service under State standards." The term "related services" is divers at 34 CFR 300.16(a) equally "transportation and such developmental, cosmetic, and other supportive services as are required to aid a child with a disability to benefit from special education, and includes voice communication pathology and audiology, psychological services, concrete and occupational therapy, recreation, including therapeutic recreation, early identification and assessment of disabilities in children, counseling services, including rehabilitation counseling, and medical services for diagnostic or evaluation purposes. The term also includes school health services, social work services in schools, and parent counseling and training." Under Thought, school districts are responsible for developing and implementing an IEP for each of their children with disabilities. The State educational agency is responsible for ensuring that each school district develops and implements an IEP for each child with a disability and for otherwise ensuring that the requirements of Thought are carried out. Ultimate responsibleness for ensuring the provision of required special instruction and related services at no cost to parents is therefore with the Country. IDEA does non specify particular sources of funding for required instruction and services. Each Land may utilize whatever State, local, Federal, and private sources of support are available to provide special education and related services, consistent with State law, and then long as the allotment, excess toll, and nonsupplanting requirements of IDEA are met. XXXXX Under Idea, lack of adequate personnel or resource does not salve school districts of their obligations to make a free appropriate public education available to students with disabilities in the least restrictive educational setting in which their IEPs tin be implemented. The Department encourages States and school districts to develop innovative approaches to address issues surrounding resource availability. Factors that could exist examined include cooperative learning, teaching styles, physical arrangements of the classroom, curriculum modifications, peer mediated supports, and equipment, to mention a few. two. B. Which, if any of the following are permissible uses of IDEA funds: (a) professional evolution opportunities for educators (b) planning/release time for educators funding all or part of the bacon of an boosted classroom aide? 3. Which factors legally must exist considered in determining appropriate placement for a student with a disability? Which if any factors may not exist considered? ANSWER: The overriding dominion in placement is that each student'due south placement must be individually- adamant based on the individual student'due south abilities and needs, and it is the individualized plan of teaching and related services reflected in each student's IEP that forms the basis for the placement conclusion. In determining if a placement is appropriate under Thought, the following factors are relevant: . the educational do good to the educatee from regular education in comparing to the benefits of special education; . the benefit to the disabled pupil from interacting with nondisabled students; and . the degree of disruption of the education of other students resulting in the inability to meet the unique needs of the student with a disability. However, schoolhouse districts may non make placements based on factors such as the following: . category of disability; . the configuration of the commitment system,; . the availability of educational or related services; . availability of space; or . authoritative convenience. four. Does federal law permit consideration of the impact of a regular classroom placement on those students in the classroom who practise not accept a inability? Answer: Yes. Department regulations provide that in selecting the LRE, consideration is given to any potential harmful issue on the educatee or on the quality of services that the student needs. If a student with a disability has behavioral problems that are then disruptive in a regular classroom that the instruction of other students is significantly impaired, the needs of the disabled student cannot exist met in that environment. However, before making such a determination, school districts must ensure that consideration has been given to the full range of supplementary aids and services that could be provided to suit the unique needs of the disabled student. If the schoolhouse district determines that fifty-fifty with the provision of supplementary aids and services, that student'southward IEP could not be implemented satisfactorily in the regular educational environment, that placement would not be the LRE placement for that educatee at that particular time, because her or his unique educational needs could non be met in that setting. While Department regulations permit consideration of the effect of the placement of a disabled student in a regular classroom on other students in that classroom, selected findings from Federally-funded research projects indicate that: (one) accomplishment test performance among students who were classmates of students with significant disabilities were equivalent or better than a comparing group (Salisbury, 1993); (2) students adult more positive attitudes towards peers with disabilities (CRI, 1992); and (three) self concept, social skills, and problem solving skills improved for all students in inclusive settings (Peck, Donaldson, & Pezzoli, 1990, Salisbury & Palombaro, 1993). v. Have federal legal provisions with respect to the Least Restrictive Environment (LRE) mandate in IDEA inverse in recent years? Accept they changed significantly in whatsoever other means? ANSWER: No changes have been made in the Federal LRE provisions since Thought'south LRE mandate was offset made law in 1975. vi. Does federal police force require that placement decisions exist revisited? How often? How tin can a instructor/educator cause a child's placement decision to be reviewed in terms of its "ceremoniousness?" ANSWER: Under IDEA, each student'southward placement, amidst other factors, must exist adamant at least annually and must be based on the student's IEP. Since each educatee'southward IEP must be based on the pupil'south unique educational needs, it is the student's IEP that forms the basis for the placement conclusion. Yet, a pupil's IEP cannot be revised without holding another IEP meeting, which the school district is responsible for convening. If a teacher/educator wishes to initiate review of the student's IEP at a point during the schoolhouse year that does not correspond with the annual IEP review, that individual can request the schoolhouse district to hold another IEP meeting. Similarly, parents of a student with a disability have the correct to request an IEP meeting at whatever time. At the coming together, if the student's IEP team determines that revisions in the IEP should be made, a proposal to change the student'due south placement may be necessary to reflect the revised IEP. 7. Under what circumstances if whatsoever would the placement of big numbers of students with disabilities in a regular classroom constitute a violation of federal law? ANSWER: If students with disabilities are placed in the regular classroom, based on impermissible factors such every bit those mentioned in response to question three higher up, rather than on the basis of each student's abilities and needs as reflected in the student'due south IEP, such placements would violate Federal police. Similarly, placing disabled students in the regular classroom, without providing them with necessary aids and supports, as reflected in their IEPs, would violate Federal law. If a school district proposes to place a student in a regular classroom in the school the student would nourish if not disabled, simply the educatee's IEP could not be implemented, even with advisable aids and supports, such a placement would violate Federal law. 8. A. Some educators have been told that federal constabulary requires EITHER that necessary supports be provided for a child in a separate setting OR that the kid be placed in a regular setting WITHOUT necessary support services. Is this interpretation of federal law right? When a student switches from a special to a regular setting, does federal law require that necessary supports also be provided in the regular setting? Federal law does non permit an either/or arroyo to placing a pupil with a disability in the LRE. If a school commune determines that the IEP of a student who was placed in a separate facility could be implemented in the regular educational surroundings with appropriate aids and services, IDEA's LRE provisions crave that those aids and services must be provided. The entitlement of each disabled student to a gratuitous appropriate public education requires a schoolhouse district to provide the educatee with the instruction and services reflected in that student's IEP regardless of the setting in which that pupil is placed. 8. B. Under what if whatever circumstances may special education and related services be used to benefit not-special needs students likewise as special needs students in a regular classroom? Idea funds may be expended only for the provision of special teaching and related services for students with disabilities who have been adamant eligible for services under IDEA and for evaluative and diagnostic services for students who are eligible for, or suspected of beingness eligible for services under IDEA, but who have not even so been adamant to have a disability. However, the Department has brash that special teaching personnel may provide services to students who have non been determined eligible, or are non suspected of being eligible, for services nether Idea if the benefit to the nondisabled students could be deemed "incidental." While determinations of what constitutes an "incidental" benefit must be fabricated on a case-by-case footing, examples of situations where benefits conferred on nondisabled students past special education personnel have been deemed "incidental" include situations such equally those where nondisabled students share study sheets prepared by the special instruction teacher or have their questions answered by the special education teacher, or benefit from hearing the special teaching teacher'due south responses to questions asked by the disabled pupil. If special educational activity personnel provide instructional services to children who are nondisabled, and who are not suspected of having disabilities or of beingness eligible for services nether Thought, and the benefits conferred are more than "incidental," the time spent providing those services may not be charged to Thought funds, and appropriate time-and-effort resource allotment and tape- keeping would exist required. 9. A. What is an IEP meeting and what function does it play in decisions nearly the educational program for students with disabilities? The IEP, the written document that contains the statement for a child with a disability of the program of specialized instruction and related services that must constitute the basis for the student's placement must be developed at an IEP coming together by a team or group of persons. The IEP must be in issue prior to the provision of special instruction or related services. The educatee's educational placement must be based on the IEP and therefore cannot exist adamant prior to completion of the IEP. IEP meetings provide an opportunity for parents, teachers and other knowledgeable individuals to discuss the student's special educational needs and make decisions about the program and services that the student volition receive. For students receiving special education and related services for the outset time, Idea requires that the IEP meeting must exist held within 30 calendar days of a determination that the educatee needs special teaching and related services. Each student'south IEP must be implemented as soon equally possible following the IEP meeting, that is, immediately following the meeting, except during the summer or a vacation menstruation, or in circumstances that require a brusque delay, such every bit the need to work out transportation arrangements. An IEP developed in accord with Thought'south requirements is a required component of a free appropriate public pedagogy under IDEA, and each disabled educatee eligible to receive services under Thought must receive special didactics and related services in conformity with an IEP. In particular, each student'due south IEP must contain, amid other elements, a statement of goals and objectives, the specific special education and related services to exist provided to the student and the extent that the student will be able to participate in regular educational programs, and a statement of needed transition services under certain circumstances. In addition, any necessary aids and supports, which could include modifications to the regular classroom or curriculum, to facilitate regular educational placement, must be included in the student'due south IEP, and must exist provided to the educatee. 9. B. When must IEP meetings occur? The schoolhouse district is responsible for initiating and conducting meetings to develop or review each student's IEP periodically, and if appropriate, revise its provisions. A meeting must exist held for this purpose at least one time a year. While it is the responsibility of the school district to initiate and behave IEP reviews, meetings must be scheduled at a time and identify mutually agreed upon past the parents and schoolhouse district to ensure that the parents have the opportunity to nourish. The review requirement does not prescribe the precise fourth dimension of year at which meetings must be held, and meetings may be held at any time during the school year, as long as the IEPs are in effect at the beginning of each school year. Depending on individual circumstances, meetings may be held at times such as the finish of the school twelvemonth, during the summer, or on the anniversary appointment of the last IEP meeting for the student. Regardless of the timing of the almanac IEP review, an IEP meeting generally must take place earlier a proposal to change the pupil'south placement can be implemented. 9. C. Who MUST legally be involved in an IEP meeting? (i.e., regular educators? if then, which ones? Special educators? Paraprofessionals?)? Required participants at all IEP meetings include the child's teacher, an agency representative, who is qualified to provide or supervise the provision of special education, the parents, subject to certain limited exceptions, the kid, if determined appropriate, and other individuals at the parent'southward or agency's discretion. For a educatee who is beingness considered for placement in special education for the get-go fourth dimension, the teacher could exist the student's regular teacher, or a instructor qualified to provide educational activity in the type of program in which the child may be placed, or both. For a student who is receiving special didactics, the teacher could be the pupil'southward special educational activity teacher. If the child is not in school or has more than ane teacher, the agency may designate which teacher volition participate in the coming together. Either the teacher or the agency representative should be qualified in the area of the student'southward suspected disability. In determining who should be the "agency representative," the nature and extent of resources needed by the student could be relevant. Regardless of whether the individual selected is from the building or school commune level, the agency representative must be "qualified" as described above, and should have the authority to commit agency resources to ensure that the student actually receives the program of instruction and services gear up out in her or his IEP. If one of the purposes of the IEP meeting is discussion of a student's demand for transition services, the educatee must be invited to participate. This would apply to students commencement at age sixteen, and to students starting time at age fourteen or younger, if determined advisable past the school district. The Department believes that it is especially important for students to play an active function at IEP meetings in making decisions regarding their future. In addition, if an agency other than the school district is responsible for providing or paying for needed transition services, the school commune also must invite a representative of that agency to nourish. If the IEP coming together occurs in connectedness with the child's initial placement in special education, Parent participation in the IEP process is extremely of import. The school commune is required to have steps to ensure that one or both parents are present at each coming together or are afforded the opportunity to participate. The parents must be notified of their child's IEP meeting early enough to ensure that they can nourish, and the find must inform them of the purpose, time and location of the meeting, and the other individuals who volition be in attendance or who accept been invited to attend. School districts are likewise required to take steps to ensure parent participation (such equally through home visits or individual or conference telephone calls), if the school district is unable to convince the parents to attend. In this example, the school district must accept a record of its attempts to suit a mutually agreed upon time and place. ix. D. In the view of the Section of Educational activity, who SHOULD exist involved, as a matter of good do? How can a child's teachers ensure that they are able to nourish that child's IEP coming together? As a affair of good practice, individuals who know the student best, such as those knowledgeable about the educatee'southward disability, and those knowledgeable virtually the educational options, should attend that educatee's IEP coming together. In some situations, the student's peers or other building personnel would be the persons almost familiar with the educatee and her or his needs. Consistent with the importance of ensuring that persons who know a student best attend IEP meetings, several States have enacted legislation requiring the student's regular teaching instructor to attend the student's IEP meeting when the student'due south placement in the regular educational surround is being considered. The IDEA requirement that a child'southward teacher attend that student's IEP meeting has been interpreted to require that just ane teacher must be in attendance, even if the student has more than 1 teacher. All the same, if a disabled student is either placed, or being considered for placement in a regular classroom, the school district should do its choice of inviting more 1 teacher to attend the IEP coming together, and authorize the student's regular instructor, also as the student's special education teacher, to nourish the IEP meeting. Information technology is advisable for whatsoever teachers considered past the schoolhouse district or parents to exist beneficial to the pupil's success in school to attend the IEP coming together. 10. How does a teacher ensure that needed services are included in a student'southward IEP? What can a instructor exercise if she or he is told non to put into the IEP services which the instructor believes are necessary for the kid? Idea contemplates that decisions made at IEP meetings are team decisions. Therefore, in that location is no 1 person on a student's IEP team who has the ultimate authority to dictate the services that an individual student receives. One reason for the participation of the bureau representative, the individual with authority to commit agency resources, is to ensure that the bureau will provide the services that the IEP team determines that the student needs. If a teacher who is a participant on the student'due south IEP squad believes that particular services are appropriate for a student, the instructor should recommend those services during the IEP meeting, which includes the kid's parents, for consideration. Once the IEP team makes a decision as to the instruction and services that a pupil needs, the school district responsible for providing educational activity to the student must implement the pupil's IEP adult at the IEP coming together. In the example provided in this question, if "an SEA or LEA [were] to straight teachers or other IEP team participants to not include in the IEP special education or related services which are needed by the child," the SEA or the LEA would exist failing to comply with Thought. 11. What rights does an educator take under the federal law to file a minority report or dissenting stance with respect to an educational decision with which she or he disagrees? ANSWER: There is no provision in Federal police force for an educator to file a minority report or dissenting opinion in connection with an educational decision with which she or he disagrees. Any decision made at an IEP meeting should represent the decision of the IEP team, including the child'southward parents. Under Idea, parents and public educational agencies take the right to initiate an impartial due process hearing on matters regarding the identification, evaluation, educational placement, or the provision of a free appropriate public education to a kid, including educational decisions resulting from IEP meetings. Therefore, if the parents concord with the concerns expressed by the educator and disagree with their child's IEP, the parents may choose to initiate a due process hearing. Similarly, if the school district believes that the IEP team'southward decision did not properly reflect the needs of the student, the school district could also initiate such a hearing. 12. Some school districts are mandating that referrals for any classroom support or special need must beginning go to a "Prereferral Squad" which can then delay the referral to special instruction for months. Is it a federal requirement that a "Prereferral Team" review special education referrals and, if not, how can educators ensure that students who are non even so identified receive a timely referral? What is considered "timely" under federal police? ANSWER: Idea requires States and school districts to have procedures for locating, identifying, and evaluating children suspected of having disabilities and needing special education and related services. This requirement, known as child discover, is applicable to children from nascence through 20-one. In that location are no explicit timelines in Federal police force for conducting special education evaluations one time a referral is made, merely a educatee suspected of having a disability must exist evaluated without undue filibuster. Although IDEA does not set forth a specific standard for the timing of initial evaluations, each Country must institute and implement standards to ensure that the right of each educatee with disabilities to receive a free appropriate public education is non denied or delayed considering the responsible school district does not bear an initial evaluation within a reasonable period of fourth dimension. The decision of whether the State standard for conducting a timely evaluation following the student'southward referral for a special education evaluation has been violated must be made on a example-by-case basis. Many States and school districts take initiated pre-referral systems prior to referral of students for formal special education evaluation, simply in that location is no Federal requirement that they do so. If an educator has reason to believe that a student has a disability, the State or local requirement for review by the pre-referral team could result in an impermissible filibuster in the student's formal special pedagogy evaluation required by Thought. Such a determination would have to be fabricated on a example-by-case basis depending on the item facts and circumstances. In instances where States and school districts have implemented prereferral systems, parents should be informed that, fifty-fifty while attempts are existence made by schoolhouse district staff to convalesce an educational problem in the regular classroom, the parents take the right to inquire a school district to evaluate their kid if the parents suspect that their child has a disability nether Thought. A school district tin can advise the parents as to why information technology believes that information technology would be advisable to have the student participate in an intervention program before a formal evaluation is conducted. However, if the schoolhouse district suspects that the pupil has a disability, information technology cannot refuse to conduct the evaluation or delay the evaluation until the interventions take been tried. If the school commune disagrees with the parents and does not suspect that the student has a disability, information technology may decline to conduct an evaluation. In that case, the parents may request a due process hearing on the matter of the school district's refusal to initiate an evaluation. xiii. What are the requirements for students to exist eligible for federal funds nether the Individuals with Disabilities Education Act (IDEA)? Does the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Deed of 1973, or any other federal law authorize students with disabilities non covered under IDEA for special services of any kind? If so, is the method of determining which if any additional services must exist provided to students covered under other federal laws simply not the Idea different from the method used under the Thought? Must the district fund necessary back up services if the pupil is covered under Section 504 or the ADA just non the IDEA (and therefore is ineligible for federal funds under that law)? Reply: States receiving IDEA funds must make a free appropriate public education (FAPE) available to all children with specified disabilities in mandated age ranges. In that location are thirteen recognized disability categories under IDEA, which refer to specified physical, mental, emotional, or sensory impairments and a kid'southward need for special pedagogy and related services because of an impairment. Federal financial assistance to States under Thought is generated based on an annual kid count of children with disabilities receiving special education and related services. Regardless of the amount of a Country's grant, each Country receiving Idea funds and its local schoolhouse districts must make FAPE available to all resident children inside the State inside the State'due south mandatory FAPE age range. Nether IDEA, FAPE means special teaching and related services provided in conformity with IEPs at no cost to parents. Currently, all States receiving Thought funds make FAPE available to children with disabilities showtime at their third birthday, and at least through their eighteenth birthday. Whether FAPE will exist provided to students over eighteen years of historic period depends on State law and practice. Department 504 and the ADA contain explicit provisions prohibiting bigotry on the basis of disability, just do non provide Federal fiscal aid for educational programs. However, States and schoolhouse districts must see the requirements of these laws as a status of receiving any Federal financial assistance, including IDEA funds. Title II of the ADA extends Department 504'south prohibition against bigotry on the basis of disability to State and local governmental entities. This includes public school districts receiving Federal financial assistance equally well as entities such every bit public libraries, whether or not they receive Federal funds. Unlike IDEA's definition of "children with disabilities," which speaks in terms of a child'southward need for special teaching and related services because of a specific impairment, Department 504 and the ADA ascertain a "person with a disability" in terms of a person's ability to function, i.e., whether a person has a concrete or mental impairment that substantially affects the ability to perform a major life action, east.g., learning. These differences in definitions mean that in that location may be students who authorize for regular or special education and related services nether Department 504 merely who practise not take one of the xiii disabilities recognized past Idea. For instance, there may be students with Attention Deficit Disorder or drug addiction or alcoholism currently undergoing treatment for these addictions who are adamant not to be eligible for services nether Thought merely who may be covered past Department 504 and the ADA. If a disabled student were covered past Section 504 and the ADA, but not eligible for services under IDEA, the school district would nevertheless exist required to provide FAPE to that pupil in accordance with the Section 504 regulation. The Department 504 FAPE requirements relevant to educational setting, evaluation and placement, and procedural safeguards are substantially similar to the procedures required by IDEA. Both Section 504 and Idea require the provision of required services at no cost to the parents. However, under the Section 504 regulation, FAPE consists of a program of regular or special teaching and related aids and services that is designed to meet the individual educational needs of persons with disabilities as adequately as the needs of nondisabled persons are met. An IEP is not required under the Section 504 regulation; however, implementation of an IEP adult in accordance with Idea is one ways of satisfying the FAPE requirements of the Section 504 regulation. Mostly, it is school district practise to develop IEPs for persons with disabilities covered by Department 504. In the example set out in this question, if the school district conducted an individual inquiry and adamant that the student requires supplementary aids and services, eastward.g., modifications in the regular class curriculum in club to facilitate placement in a regular educational program, Department 504 and the ADA would crave the school district to provide the needed supports to the student, fifty-fifty though the pupil was not adamant eligible for services under the IDEA. 14. When country laws or regulations differ from federal laws or regulations, which "have precedence" and how is that decision made? ANSWER: States receiving IDEA funds must ensure that their regulations are consistent with the requirements of the Federal laws and regulations, but there is no requirement that Country regulations use terminology that is identical to the language of the Federal regulations. When there are differences, the determination of which regulations would accept precedence would depend on the particular facts and circumstances. For instance, if the State regulation creates a stricter standard of compliance than the Federal regulation under Thought, or supplements the Federal regulation, but does not conflict with the Federal regulation nether IDEA, the Country regulation would command. In contrast, if the standard in the State regulation is less stringent, the State must suit its police force to the Federal standard in gild to receive IDEA funds. xv. Who is responsible for providing medical services to students which are considered "related services" nether the Thought? What is the Department's position on medical services being rendered by not-medical personnel who are not licensed to provide a medical service under state constabulary? Estimates indicate that well over i-half of public schools do not have a school nurse on staff. Does the Section propose whatsoever guidelines on how schools which do not have nurses provide "related services" required under IDEA merely which no school employee is licensed to provide? ANSWER: Two types of related services as defined under Idea are mentioned in this question: ane. Medical services for diagnostic and evaluation purposes, which Thought's definition of "medical services" requires a licensed physician to provide; and 2. School health services, which Idea'south definition of "school health services" specifies that a qualified school nurse or other qualified person can provide. State police force governs whether individuals who provide particular services must exist licensed. The Section encourages States to consider using paraprofessionals to provide related services, including health services, to students with disabilities, if doing so would exist consistent with Country law and Land personnel standards that are consistent with the requirements of IDEA. Assuming applicative State law and standards and Thought requirements are met, determinations of the circumstances nether which paraprofessionals may provide required services to students with disabilities under IDEA are matters left up to the individual State. 16. A. What does federal law have to say about allowable policies pertaining to students with disabilities whose conduct in the classroom is a serious problem and/or poses a serious threat to themselves or others? ANSWER: Generally, student discipline is a State and local matter. However, when students with disabilities are involved, the requirements of IDEA and Section 504 are applicable. Nether Thought and Section 504, school districts may non remove students with disabilities from school for more than ten school days for misconduct growing out of their inability, without first determining whether the pupil's misconduct was related to her or his disability. Even so, information technology is permissible for school districts to remove a educatee with a disability from school for up to 10 school days without making this prior determination. A schoolhouse district may besides seek a court order to remove a dangerous pupil if the school district believes that maintaining that student in the current educational placement is substantially likely to effect in injury to that educatee or to others. In addition, under Idea and Section 504, school districts may use short-term measures, brusque of a modify in placement, if to exercise so would non be inconsistent with the pupil's IEP, and in accord with rules that are practical evenhandedly to all students. Under IDEA and Section 504, a removal of a student from school for more than than ten school days constitutes a change in placement, which cannot be implemented without first determining whether the student's misconduct is related to the pupil's disability. Section 504 also requires that a reevaluation of the student be conducted prior to any alter in placement. Nether IDEA and Department 504, the disability-relatedness determination must be made past a group of persons, not just by any one individual, which includes persons personally familiar with the student. If the pupil's misconduct is determined to be related to the student'due south disability, the procedural safeguard requirements of IDEA and Section 504 require that the parents must be given written find of the proposal to change the pupil's placement and informed that they accept the correct to request a due process hearing. Under Idea and Section 504, there is no requirement that parental consent be obtained before a school district tin can implement a proposal to change a student'due south placement, regardless of whether the proposal is made for disciplinary reasons. However, some States may require that parental consent exist obtained under these circumstances. Regardless of whether the State requires that parental consent be obtained before a proposal to modify the student'south placement, if the parents request an impartial due process hearing under Idea, the "stay-put" or "pendency" provision requires that the student remain in the then current educational placement unless the parents and school district agree on an acting placement. School districts that are unable to persuade parents to hold on an acting placement too may seek a court order to remove a educatee from school, equally described above. Students with disabilities may be subject to long- term interruption or expulsion only for misconduct that has been determined to exist unrelated to the student'south inability. The nondiscrimination provisions of Section 504 permit schoolhouse districts to discontinue educational services for disabled students discipline to long term interruption or expulsion from school for non-disability-related misconduct in the same way equally educational services could be discontinued for nondisabled students. However, IDEA requires that educational services must go on for these students during periods of disciplinary removal that exceed 10 school days. 16. B. When an inclusive placement is not working (in the stance of the professional staff) and the placement is disrupting the learning of the rest of the class, what recourse does the school take against the "stay-put" provisions of the IDEA, if the parent volition not consent to a change in placement? What must the district document? Practice permissible policies differ for students with disabilities as opposed to students without disabilities, and, if so, how? Reply: In the example that you provide, the schoolhouse district should review the current placement to determine whether additional aids and supports can exist provided or determine whether a alter in placement is appropriate. If the parents disagree with the recommended modify in placement and initiate a due process hearing, and if the school district is unable to persuade the parents to agree on an acting placement, IDEA'due south "pendency" or "stay-put" provision would require that the student remain in the current educational placement until the completion of all proceedings. While school districts can attempt to obtain a court social club nether these circumstances, the school district would take to demonstrate to the court that maintaining the student in the current placement is substantially likely to result in injury to the student or to others. Disruption of the learning of classmates may not be sufficient to satisfy this burden. For nondisabled students, policies differ, in that IDEA and Section 504 requirements, such as the procedural safeguards, do not apply. 17. What information does the Department accept on professional development/training approaches which special and regular educators and paraprofessionals have found helpful in implementing inclusion and other educational practices which address the needs of special needs students? Respond: The Department has supported a variety of professional development and training projects (e.grand., preservice, inservice, school restructuring projects) that address the needs of students with disabilities in inclusive schools. In addition, the Department has financed Statewide Systems Change projects which support irresolute the setting for commitment of educational services from separate settings to general education settings in the student'south neighborhood school. Numerous materials and products accept been developed by these projects which accept focused on strategies that support collaborative planning and problem solving, site based command, curriculum and technological adaptations and modifications, parent and family interest, and the creative use of human and financial resources. These projects have underscored the importance of timely access to resources (east.g., people, materials, information, engineering science) when they are needed. Educators tin obtain further information regarding these programs past contacting: National Information Eye for Children and Youth with Disabilities Consortium on Inclusive Schooling Practices California Inquiry Constitute on the Integration of Students with Astringent Disbilities Reply: One of the stated purposes of the Goals 2000: Brainwash America Human action is to provide for the establishment of loftier-quality, internationally competitive content and student performance standards and strategies that all students will be expected to reach. The term "all students" is divers to include students with disabilities, as well as students from a broad range of other diverse backgrounds and circumstances. Under IDEA and Department 504, schoolhouse districts must provide an appropriate education consistent with the individual needs of students with disabilities, and must brand individualized determinations nigh a student'due south educational needs. Goals 2000 calls for a study of the inclusion of students with disabilities in school reform activities assisted under that Act, including "an evaluation of the National Pedagogy Goals and objectives, curriculum reforms, standards, and other programs and activities intended to achieve those goals." The Section will be providing boosted guidance on Goals 2000 as it affects the education of students with disabilities. nineteen. Are there any guidelines or resource available to educators on how to modify a educatee achievement cess where a student'south disability prevents the student from being able to perform the assessment in the same way as other students in the class? Answer: Section 504 requires that testing of students with disabilities exist fair and reverberate their true abilities. Consequently, any necessary testing modifications must be made for students with disabilities, as appropriate. As with other matters relating to the education of students with disabilities, these determinations must be made on an individual basis in light of each student's item abilities and needs. While some States have enacted rules or guidelines that govern testing modifications for students with disabilities, other States leave these determinations to participants on each student'southward IEP team. If testing modifications are included in a student's IEP or other individualized educational programme nether Department 504, they must be provided to the student. The National Center on Educational Outcomes has reference materials on various testing modifications that may be considered in private cases. Every bit a issue of a special report funded by the Office of Special Education Programs, the National Eye on Educational Outcomes has conducted research on existing guidelines for modifications through a national survey of state assessment practices and a literature survey. Their findings identify four major types of modifications used in state and national assessments that educators may desire to consider in modifying tests for disabled students: alternative presentation modes, alternative response modes, alternative settings, and culling time allotments and scheduling. Culling presentations include modifications such as Braille versions of test, large impress editions, and orally presented instructions. Alternative response modes include the utilize of computers for written answers, sign linguistic communication, and the use of recorders. Setting variations that are ofttimes allowed include small group or individual assessments, or in rare instances, home-based assessments. Flexibility in time allotments and scheduling also are used for some students with disabilities. Farther information can exist obtained from: National Center on Educational Outcomes 20. Studies accept shown that achievement test scores results for approximately 40-fifty% of all students with disabilities are simply not reported by schools and/or districts for some national surveys of student achievement. When if ever is it permissible for a school or a commune to NOT report the results of achievement tests or assessments of students with disabilities (or other students) to local, state or federal government? ANSWER: By and large, it is non permissible to exclude students with disabilities from tests or from reports of results. Whether the failure to report scores for students with disabilities constitutes discrimination on the ground of disability, and thus a violation of Section 504 and the ADA depends on the particular facts and circumstances of each case, such as what is being measured. The Department anticipates addressing this issue, as the need arises, in various contexts, including in national assessments, other tests/assessments, and in the enforcement of nondiscrimination laws. 21. What are the relationships between the Americans with Disabilities Act (ADA), section 504 of the Rehabilitation Act, and the Individuals with Disabilities Education Act? What if whatever practical implications other than those addressed in question 13 do the differences in these laws have for educators? Reply: The Part for Ceremonious Rights (OCR) enforces 5 Federal laws that prohibit discrimination on the basis of race or national origin, sex activity, inability and age. Four of these laws apply specifically to recipients of Federal financial assistance (the fifth applies to all activities of Country and local governments, including those that do not receive Federal financial assist). While Department 504 applies to entities that receive or benefit from Federal financial assistance, the ADA's reach is broader. It extends Department 504's prohibition against bigotry on the basis of disability to all activities of State and local governments, including those that do not receive Federal financial aid and therefore are not covered by Section 504. Since standards for compliance with the ADA are mostly the aforementioned as those of Department 504, this has fiddling practical consequence for public school districts, all of which are recipients of Federal financial assistance. By and large, the same complaint procedures utilize for Department 504 and Title Two complaints. Individuals with questions near Section 504 and Championship II of the ADA should contact the relevant Office for Civil Rights (OCR) regional office, the addresses and telephone numbers of which are provided in the appendix to this certificate, or the OCR contact person listed in this document for further assist. Individuals with questions about the implementation of IDEA in your State should contact the Land managing director of special teaching in your State Section of Education, or the OSERS or OSEP contact persons listed in this certificate, for farther assist. The names, addresses, and phone numbers of the State directors of special teaching are provided in the appendix to this document. ANSWER: Yes. In enforcing the free advisable public educational activity requirements of IDEA and Section 504, the Department must ensure that States and schoolhouse districts comply with their responsibilities to educate students with disabilities in the LRE in accordance with the requirements of those laws. If the Department determines through monitoring or other compliance activities that these requirements are being misapplied, it will take whatsoever measures are deemed necessary to achieve compliance. When OSEP monitors States' compliance with the requirements of Idea, OSEP will examine whether LRE requirements are beingness properly implemented at the local level. If OSEP identifies instances of inappropriate placement of students with disabilities in regular educational settings, OSEP will examine whether adequate appropriate aids and supports have been provided to the affected students in those settings. There are mechanisms under IDEA, Department 504, and the ADA for individuals and organizations subject to the protections of those laws to file complaints alleging that school districts have not educated students with disabilities in the LRE. Because Idea is a Country-administered programme, complaints by individuals or organizations alleging violations of Idea are not investigated directly by OSEP or OSERS just are referred to the relevant State Department of Didactics for resolution. A copy of the State complaint procedures in the Thought regulations and a cursory explanation of those procedures is provided in the appendix to this document. Individuals or organizations alleging bigotry on the basis of disability by a public school district in violation of Section 504 or Title Ii of the ADA may file a complaint with the relevant OCR regional office in accordance with the procedures described in the Appendix to this document. 23. What general precautions should educators have in order to minimize their exposure to contagious diseases? Answer: Educators are in a position to have a positive impact on measures to contain the spread of contagious diseases amidst students and staff in schools by preventive behaviors which include the following: (1) use of universal precautions, such every bit hand-washing subsequently situations that bring them in contact with body secretions; (2) immediate referral to the school health resource for any concrete and/or behavioral changes that are of business concern; (3) positive reinforcement for health behavior for children as office of their curriculum experience; and (four) encouraging inservice updating on infectious disease and prevention for all school personnel. 24. Does the Department have any recommendations or suggestions on what can be washed to reduce the paperwork burden on educators which results from federal, state and local laws, regulations and policies? Does federal police force identify any specific forms which must exist completed or designate whatever item party which must complete them? ANSWER: The Department is sensitive to the paperwork burdens that its compliance responsibilities may involve. The collection of full general information from schools is advisedly scrutinized by the Department, as well as the Office of Direction and Budget. The Section is constantly reviewing its regulations to reduce paperwork burdens on school districts. Most of the paperwork responsibilities that result from Federal reporting requirements are the responsibility of State Departments of Educational activity rather than educators at the local school district level. In many instances, in that location are paperwork requirements that are burdensome for educators that are not specifically the result of a Federal requirement. Therefore, consultation at the State and local levels may exist helpful in determining whether any of these paperwork requirements can be reduced or eliminated. Federal regulations implementing civil rights statutes crave recipients of Federal financial assistance to submit to the Department timely and authentic compliance reports at such times specified by the Department, which reports must contain information necessary for the Department to ascertain the recipient'south compliance. Accordingly, OCR conducts a civil rights survey of uncomplicated and secondary schools every ii years, but only for a sample rather than for all schools. The survey forms must be completed by officials in those school districts selected for inclusion in the survey. The content of each survey is developed in consultation with country and school officials. The text of this publication is available through NICHCY, courtesy of the National Education Association. NICHCY thank you NEA for supplying this material on disk to the Clearinghouse.
Determinations of whether the expenditures listed above would be permissible expenditures of IDEA funds must be made on a case-by-case basis. In general, the expenditures listed above could be permissible expenditures of IDEA funds if the school district responsible for the educatee's didactics determines that they would exist necessary for students to receive a free advisable public education, or, if all eligible children are receiving a free appropriate public education, to run into other requirements of IDEA. In all instances, the expenditures must be reasonable for the proper and efficient administration of IDEA, and must be expended with the cost principles applicable to the IDEA program. The expenditures must exist included in the school district'south application for Idea funds submitted to and approved by the State educational agency.
ANSWER:
ANSWER:
Respond:
Respond:
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the school district must ensure the participation of evaluation personnel, unless the child'south teacher or public bureau representative or some other person at the coming together is knowledgeable about the evaluation procedures used with the kid and the results of those procedures. Generally, there is no requirement for related services personnel, paraprofessionals, or regular educators to attend IEP meetings, but such individuals may be invited to nourish an IEP coming together at the discretion of the parents or agency.
Reply:
Reply:
P.O. Box 1492
Washington, D.C. 20013-1492
Telephone: i-800-695-0285
(Deaf and hearing-impaired individuals may also phone call this number for TDD services)
Allegheny Singer Research Institute
320 E. North Artery
Pittsburgh, PA. 15212
Phone: (412) 359-1600
San Francisco Country University
xiv Tapia Drive
San Francisco, California 94132
Telephone: (415) 338-7847
18. The Administration through its GOALs 2000 legislation is encouraging all school districts voluntarily to adopt high achievement standards for all students. When--if at all--is information technology appropriate to modify an achievement standard for a student with a inability or any other student, or modify the expectation of the level of attainment of a given standard? If information technology is appropriate in some contexts, what guidelines and/or resources does the Department suggest to the educators?
350 Elliot Hall
75 E River Road
Minneapolis, Minnesota 55455
Tel: 612-626-1530
TDD: 612-624-4848
22. How can educators report practices to the U.S. Department of Pedagogy which are believed to be out of compliance with the Individuals with Disabilities Education Human action? Does the Department place equal accent in its monitoring activities on inappropriate inclusion every bit information technology does on inappropriate not-inclusion?
Source: https://www.wrightslaw.com/info/lre.faqs.inclusion.htm
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