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SPED Foundation/Key Legislation/IEP/FAPE - Coggle Diagram

- - - - Procedural Errors that Deny FAPE
        
        Only major errors result in denial of FAPE
        
        IDEA explicitly limits procedural grounds for finding a denial of FAPE. Only if the procedural inadequacies:
        1) Impede child’s right to FAPE
        2) Significantly impede parents’ opportunity to participate in decision-making processes regarding provision of FAPE
        3) Significantly impede parents’ opportunity to participate in decision-making processes regarding provision of FAPE
      - FAPE
        The term “free, appropriate, public education means special education and related services that:
        -have been provided at public expense, under public supervision and direction and without charge;
        -meet the standards of the State education agency;
        -include an appropriate preschool, elementary school or secondary school education in the State involved
        -are provided in conformity with the individualized education program required under this laws
        (USCA 1401 (9)
        In order to qualify
        -between the ages of 3 and 21
        -have a specifically identified disability
        -needs special education and related services (in order to benefit from his/her education
    - - Procedural Safeguards
        
        Parents may challenge any decisions they feel are inappropriate for student
        
        IDEA includes set of procedural safeguards to protect rights of children/families and ensure FAPE
        
        IDEA guarantees parents:
        1) Access to child’s educational records
        2) Participation in all IEP team meetings
        3) Prior written notice (anytime anything changes in IEP, must be notified first)
        4) Procedural safeguards written notice
        5) Understandable language (e.g., translators)
        6) Informed consent before any evaluation or service provided
        7) Right to request independent educational evaluations at public expense
    - - Applicable to All IEPs
        (2015 Fagen Friedman & Fulfrost LLP)
        Notify Parents of the IEP team meeting
        -send IEP meeting notice, early enough to provide an opportunity to attend
        -Authority:
        EC 56043(e)
        EC 56341.5(b)
        Notice of procedural safeguards
        -inform parents of procedural safeguards "at each" IEP meeting
        -give a copy of the notice to parent(s) at least once each school year
        -Authority:
        EC 56043(e)
        EC 56341.5(b)
        Implement the IEP
        -as soon as possible after the receipt of parent consent to the IEP
        -Authority:
        EC 56043(i)
        EC 56344(b)
        Progress Report on IEP goals provided to parent(s)
        -per the IEP
        -Authority:
        EC 56345(a)(3)
      - Re-assessments
        (2015 Fagen Friedman & Fulfrost LLP)
        Triennial eligibility review
        Every 3 years based on the date of the last triennial review
        -May occur more frequently if necessary, but no more than once per year unless the parties agree
        -Parent and LEA may agree in writing that triennial assessments are not necessary. They may also agree to limit the scope of the review
        -Recommended: begin triennial assessment process at least 60 days prior to the triennial review
        -Authority:
        EC 56043(k)
        EC 56381
        Propose assessment plan for re-assessment
        15 calendar days from the date of referral
        -Tolled for school breaks in excess of 5 schooldays
        -If referral is received within the last 10 days of the school year, then due within first 10 days of next school year
        -Note: attach procedural safeguards notice to proposed assessment plan
        -Authority:
        EC 56043(a)
        EC 56321(a)
        Parent Consent to Proposed Assessment Plan
        At least 15 calendar days after receipt of the proposed assessment plan
        -Authority:
        EC 56043(b)
        EC 56321(c)(4)
        
        Additional IEP Meetings
        (2015 Fagen Friedman & Fulfrost LLP)
        Not longer than 12 months from the date of the last annual IEP
        -Authority:
        EC 56043(d), (j)
        EC 56343(d)
        EC 56380
        IEP Team Meeting to review re-assessment
        (including triennial assessment(s))
        60 calendar days after receipt of parent consent to the assessment plan
        -Tolled for school breaks in excess of 5 schooldays
        -If referral received 30 days or fewer before end of school year, then due within first 30 days of the next school year
        -Authority:
        EC 56043(f)(1)
        EC 56343(a)
        EC 56344(a)
        Parent requested IEP team meeting
        30 calendar days after written request from parent for IEP team meeting
        -tolled for school breaks in excess of 5 school days
        -if parent makes an oral request for an IEP team meeting, school district must direct parent to make a written request
        -Authority:
        EC 56043(l)
        EC 56343.5
        IEP meeting to review student's lack of anticipated progress
        No statutory timeline
        Consider: convene the IEP team within 30 days after determining that the student is demonstrating a lack of anticipated progress
        -Authority:
        EC 56343(b)
        
        Independent Education Evaluations
        (2015 Fagen Friedman & Fulfrost LLP)
        Respond to request for IEE
        -No specific statutory timeline, but must respond without unnecessary dalay
        -Recommended: 10-15 calendar days after request for an IEE from parent(s)
        -Authority:
        34 CFR 300.502(b)
        
        Discipline
        (2015 Fagen Friedman & Fulfrost LLP)
        Provide parent(s) with notice of change of placement and copy of procedural safeguards
        -Day decision is made to remove student for disciplinary purposes for > 10 schooldays
        -Refer to 34 C.F.R. section 300.530
        -Authority:
        34 CFR 300.530(h)
        Conducts a manifestation determination review
        -Within 10 schooldays after the decision is made to remove student for disciplinary purpose for
        10 schooldays
        -Refer to 34 C.F.R. section 300.530
        -Recommended: Refer to F3’s Special Education
        -Removals for Disciplinary Purposes piece
        -Authority: 34 CFR 300.530(e)
        
        Student Records/Record Requests
        (2015 Fagen Friedman & Fulfrost LLP)
        Provide parent(s) with copies of
        student records
        -After an oral or written request
        from parent(s):
        -within 5 business days
        -"before" any IEP meeting or resolution session
        -Authority:
        EC 56043(n)
        EC 56504
        Provide new ELA with special education records
        5 business days after request
        from new LEA for records
        -Authority:
        EC 56043(o)
        
        Transition Planning Requirements
        (2015 Fagen Friedman & Fulfrost LLP)
        Individual transition plan (ITP) in IEP
        -must be in IEP when student turns 16
        -must be reviewed annually
        -Annually:
        EC 56043(g)(1), (h)
        EC 56341.5(e)
        EC 56345(a)(8)
        Student informed of transfer of
        rights at age 18
        -Must be in IEP when student
        turns 17
        -Consider: Provide additional notice upon
        the student turning 18
        -Authority:
        EC 56041.5
        EC 56043(g)(3)
        EC 56345(g)
        Notice to parent(s) of student's graduation from high school with diploma
        -Reasonable prior written
        notice must be provided
        -Authority:
        EC 56500.5
      - Required Components of IEP
        IDEA States that an IEP must contain:
        -a statement of the child's current level of of academic achievement and functional performance
        -measurable annual goals for a child, including academic and functional goals
        -a description of how officials will measure a child's progress towards meeting their annual goals as well as when such periodic reports will be provided
        -a statement of special education and related services and supplementary aids and services, that a child will receive
        -an explanation of the extent, if any, to which a child will not participate in regular classes with peers who are not disabled
        -a statement of the individual appropriate accommodations that are necessary to measure a child's academic achievement and functional performance on state and district assessments
        -the projected date of initiation and duration of special education services that the child is to receive
        -starting no later than the first IEP that will be an effect for a student who is 16 years old, a statement of appropriate measurable post-secondary education goals (to be updated annually) and transition services
        -at least one year before the child reaches the age of majority, the student must be provided with a statement that he or she has been informed of his or her rights that will transfer at the age of majority
        
        Required Prior to referral for assessment
        (Carlos Rossi 2019)
        -Appropriate math and reading instruction:
        34 CFR 3300.309(b)
        -Requires an evaluation group ensure underachievement shown by a student suspected of having SLD is not due to lack of appropriate instruction in math and reading
        -Data that demonstrates that prior to, or as part of, the referral process the student was provided appropriate instruction in the general education setting, delivered by qualified personnel; and
        -Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessments of students progress during instruction
        -Rule out other factors:
        34 CFR 300.309(a)(3)
        -Provides that in order to determine a student has SLD his or her lack of efficient progress in the above areas may not primarily result from:
        
        a visual, hearing, or motor disability
        
        mental retardation
        
        emotional disturbance
        
        cultural factors
        
        environmental factors or economic disadvantage
        -limited English proficiency
        
        -Observation:
        34 CFR300.310
        -Requires school districts to ensure that a student is observed in his or her learning environment, including the general education setting, to document the student's academic performance and behavior is the suspected areas of difficulty
        -When identifying SLD, an evaluation group should either use information from observation of the student in routine classroom instruction and monitoring of the student's academic performance that was done before the student was referred for an evaluation; or have at least one member of the evaluation group conduct an observation of the student's academic performance in the general education classroom after a referral has been made and consent obtained
  - - - In order to qualify:
        
        between the ages of 3 and 21
        
        have a specifically identified disability
        
        needs special education and related services (in order to benefit from his/her education.