What is a Local Education Agency’s (LEA) “Child Find” responsibility for students’ birth to three?
LEAs are required to develop and implement procedures to ensure that all children within their jurisdiction birth through 21 regardless of the severity of their disability, and who need special education and related services are located, identified, and evaluated.

 

May we provide educational and behavioral evaluations, services, and supports, including scientifically based literacy instruction as part of Coordinated Early Intervening Services (CEIS)?
Yes, you may also use this funding source for professional development for teachers and other school staff to enable such personnel to deliver services.

 

Why does the public agency need to evaluate my child after two letters from our doctor?
Letters from a doctor are valuable information but the doctor does not determine eligibility for special education services. Public agencies must conduct the required evaluations in the Alabama Administrative Code (AAC) and the child must meet the criteria in the AAC to be eligible for special education services. Doctors make medical diagnosis. A medical diagnosis alone does not automatically constitute eligibility for special education services.

 

When a parent refers a child for testing, is the public agency obligated to evaluate the child?
No, the Individualized Education Program (IEP) Team may choose whether to evaluate or not based on the information included in the referral.

 

Should intervention strategies and evaluations occur concurrently when a parent makes a referral?
Yes. Special Education Services (SES) encourages implementation of intervention strategies in the general education program during the evaluation process when a parent requests an evaluation.

 

Can a school initiated referral run concurrently with Problem Solving Team (PST)?
Yes. The guidance from SES since 2001 has been that the two processes occur simultaneously.

 

Can an observation conducted prior to the referral for evaluation be used as the required observation for determining eligibility for Specific Learning Disability (SLD)?
Yes, the IEP Team or Eligibility Committee may use the observation that was conducted prior to the referral if the observation was conducted during routine classroom instruction and monitoring of the child’s performance, and if the IEP Team or Eligibility Committee (which ever determines eligibility) decides to use that one as the required observation.

 

May we use the observation conducted prior to consent for initial evaluation as the required observation for other disability areas if that disability area requires an observation?
Yes, if the observation meets the specific criteria in the AAC for the suspected area(s) of disability.

 

Is an IEP Team required to conduct an adaptive behavior evaluation on all referrals of children suspected of having SLD to rule out Mental Retardation (MR) at an initial evaluation and reevaluation(s)?
Yes. It is a required evaluation as of July 19, 2007.

 

When does the 60-day timeline start?
The public agency has 60 calendar days from the date the public agency receives a parent’s signed consent to conduct and complete an initial evaluation.

 

Our school system contracts with a psychometrist who has limited availability to test students during the summer. Since public agencies may not limit referrals by the number per year or the time of year that referrals are accepted without a deadline.
No. The aforementioned circumstances are not justification for failing to meet the 60-day timeline.

 

If a child fails a vision and/or hearing screening and we exhaust all avenues to get it corrected may we proceed with evaluations if it is going to go over the 60-day timeline?
The vision or hearing problem must be corrected prior to proceeding with evaluations that rely on visual or auditory acuity.

 

Is the public agency responsible for purchasing eyewear to correct vision problems prior to continuing testing for eligibility if the parent/guardian has not taken action to correct vision problems?
Yes. The public agency may also call upon nonprofit organizations that may help a student in need of eyewear.

 

Who is responsible for transporting the student to and from the eye care professional?
The public agency, if the parent does not agree to assist.

 

May we use screening results for eligibility evaluation purposes?
Only vision and hearing screening results may be used for eligibility purposes. Other screenings may be reported as information on the eligibility report, but are not considered an evaluation for eligibility for special education and related services. Bottom line: a screening test cannot take the place of a required evaluation.

 

Please explain what observation(s) are required for a student suspected of having an Autism Spectrum Disorder?
If the student is in Grades K-12, an observation in a structured (academic) environment and an observation in an unstructured (nonacademic) environment are required. If the student is a preschooler, an observation in a natural setting is required.

 

When evaluating a preschool age child for Autism, only one observation and one structured interview is required. Can the Natural Environment Survey be used in place of an actual observation?
Yes.

 

What guidance can the SDE give for using “Total, Composite and/or Subscale” scores related to behavior rating scales for Emotional Disturbance (ED) and Attention Deficit Hyperactivity Disorder (ADHD) eligibility determination?
Authors of behavior rating scales often use different terminology to report their findings. Therefore, the terms Total and Composite in the AAC can best be understood in general terms. Total means the overall score of all items on a rating scale. Some authors use various terms to indicate the overall score (e.g., Index, Quotient or sometimes Composite). A composite score generally refers to two or more subtest or subscale scores. However, on some rating scales what is termed a subscale may actually be considered a composite on another scale if it is independent or a stand-alone scale. On other rating scales a cluster of subscales may constitute a composite in the loose sense of the word. In all cases, consult the author’s manual to determine the appropriate use of the Total, Composite and/or Subscale scores. Be prepared to justify the scores used to make the decision on the eligibility report and/or in a Due Process Hearing (DPH).

 

Should a student be identified as having Multiple Disabilities (MD) if SLD is one of the disabilities and the student can function in a regular classroom?
No. MD means concomitant impairments (such as mental retardation-blindness or mental retardation-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. MD does not include deaf-blindness.

 

Does the health impairment have to be listed in the definition of Other Health Impairment (OHI) for a student to qualify in this disability category? If not, why add Tourette’s Syndrome?
No, the list is not all inclusive. The Federal Regulations added Tourette’s Syndrome to the list of conditions under OHI, therefore, it is included in the AAC.

 

Must we have documentation for all of the performance measures for OHI?
No, but at least one must be conducted or collected and documented on the eligibility report.

 

Is a medical diagnosis required for OHI/ADHD?
No, not unless the IEP Team determines one is needed. If the IEP Team determines that a medical evaluation is necessary, the public agency must pay for the evaluation.

 

If the intelligence quotient (IQ) score rules out MR when we suspect SLD, do we still have to administer an adaptive behavior assessment?
Yes.

 

Can the adaptive skills composite on the BASC-2 (approximately 40 questions-covering adaptability, social skills, leadership, study skills, functional communication) be used for the adaptive behavior component for SLD?
No. A separate Adaptive Behavior Rating Scale must be used.

 

If a parent of a home schooled child request an evaluation for SLD and has no documentation of appropriate instruction in reading and math, what procedure must be followed before an evaluation is completed?
If there is no documentation of appropriate instruction in reading and math, the documentation must be collected during the evaluation process (a minimum of 8 weeks). The requirement is not waived for home-schooled students.

 

Must a school psychometrist or a school psychologist be present at all eligibility meetings when SLD is being considered?
An eligibility determination for a child suspected of having SLD, must be made by the student’s parent and a group of qualified professionals (Eligibility Committee) or an IEP Team, that must include the student’s regular teacher; or if the student does not have a regular teacher, a regular classroom teacher qualified to teach a student of his or her age; or for a child of less than school age, an individual qualified by the State Education Agency (SEA) to teach a child of his or her age; and at least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech language pathologist, or remedial reading teacher. In the commentary to the Federal Regulations, OSEP went on to say, “We believe this allows decisions about the specific qualifications of the members to be made at the local level, so that the composition of the group may vary depending on the nature of the child’s suspected disability, the expertise of local staff, and other relevant factors. For example, for a child suspected of having a SLD in the area of reading, it might be appropriate for the group to include a reading specialist as part of the eligibility group. However, for a child suspected of having a SLD in the area of listening comprehension, it might be appropriate for the group to include a speech-language pathologist with expertise in auditory processing disorders. The federal regulations regarding the additional team members for suspected SLD,” provides flexibility for schools and districts, and ensures that the group includes individuals with the knowledge and skills necessary to interpret the evaluation data and make an informed determination as to whether the child is a child with an SLD, and the educational needs of the child.” The LEA is responsible for deciding and ensuring that the required composition is used when making the decision.

 

In the AAC under Speech or Language Impairment (SLI) one of the required components is “A summary of all required evaluations must be included on the eligibility report.”
A better way for us to have stated the requirements might have been “A summary of each required evaluation must be included on the eligibility report.” The intent is to have a brief summary of each required item to show adverse affect on educational performance.

 

GFTA-2 – 40 errors, characterized by initial substitutions and final consonant deletions Stimulability – Stimulable for all error sounds in isolation not stimulable at the word or sentence level

Intelligibility – Conversational speech is reduced to approximately 50% intelligibility level due to the frequency and consistency of the error patterns

Oral structure examination – Tremors noted during tongue protrusion; other structures

 

WNL

Teacher/Caregiver checklist – Classroom teacher indicated that speech is more difficult to understand than peers; child does not like to read aloud in class.

 

If there is a need for an IQ test and the parent refuses, what procedures should the public agency follow?
If an IQ test is a required evaluation you may have to ask for mediation and/or a due process hearing (DPH) to override the parent’s refusal. If an IQ test is not a required evaluation, the IEP Team may determine that an IQ test is not really necessary in order to determine eligibility.

 

On the signature page of the eligibility report there is a box that must be completed for all students. Why was “See documentation included in this report” added to this box?
The Individuals With Disabilities Education Act (IDEA) states that the lack of appropriate instruction in math and/or reading, including the essential components of reading instruction or limited English proficiency cannot be the determining factor in the eligibility decision. We added the statement to remind the IEP Team or Eligibility Committee to include data on the eligibility report that documents the information used to rule out the lack of appropriate instruction. That information is now documented as Prong 1 and Prong 2 to meet the special rule required in the AAC.

 

When a student transfers from out-of-state, is the public agency required to complete a referral if the IEP Team decides that additional data are needed to determine if the student meets Alabama criteria for a specific disability area?
No. SES does not require the completion of a referral form; however, a public agency may choose to require that it be completed. If the IEP Team decides that additional data are needed, parental consent is obtained and additional data are gathered. The public agency completes the Notice and Consent for Initial Evaluation in SETSWeb by checking “to determine eligibility under AAC for out-of-state transfer” as the reason for the evaluation.

 

When a student transfers from out-of-state, the public agency must determine whether or not the student meets Alabama criteria as a student with a disability. Is the public agency required to conduct its own evaluations to document that the student is eligible?
The public agency may or may not have to conduct its own evaluations. School personnel must review the student’s out-of-state records to determine whether all required evaluations have been administered and if the student meets AAC criteria. If the student does not meet AAC criteria, the IEP Team would need to convene to discuss what additional evaluative data are required to determine eligibility. If additional data are needed, the initial evaluation process must begin. Parental consent must be obtained on the Notice and Consent for Initial Evaluation prior to conducting any evaluations.

 

If the evaluation data received is consistent with the AAC, but is more than one year old, is the public agency required to retest to determine eligibility for out-of-state transfer students?
No. As of May 14, 2009, the public agency has the discretion to use evaluations that transfer in with the student from out-of-state.

 

If an out-of-state transfer student comes to Alabama with an eligibility report that does not meet the AAC and an initial evaluation needs to be conducted, what do we do if a parent does not give us consent for evaluation?
Accept the parent’s refusal and send a Notice of Intent Regarding Special Education Services stating that the agency stands ready to evaluate should the parents choose to give consent at a later time. The student will be considered a regular education student. The public agency may request mediation or a DPH to override the parent’s refusal but is not required to do so.

 

When a student transfers from another state is it necessary to get the Notice and Consent for the Provision of Special Education Services signed?
Yes, once eligibility in Alabama has been determined. If the student transfers into the receiving public agency with an IEP that was in effect in the previous public agency in another state, the receiving public agency, in consultation with the parent, must provide comparable services to those described in the previously held IEP until the new public agency conducts an initial evaluation to determine eligibility. If the parent refuses consent for the initial evaluation, the receiving public agency may not evaluate. The public agency may pursue the evaluation through mediation and/or a DPH but is not required to do so. If the parent does consent to the initial evaluation and the student meets eligibility criteria as per the AAC, the Notice and Consent for the Provision of Special Education Services must be obtained.

 

When a student transfers to another school system, and the receiving system requests records, does the Family Educational Rights and Privacy Act (FERPA) require notice of transfer of records to parents and if so, what if the parents’ address is unknown?
Yes. The public agency should send the notice to the last known address.

 

Does hearing and vision have to be completed for each reevaluation?
No. Vision and hearing screenings do not have to be administered at each reevaluation unless there is reason to suspect that vision/hearing problems are degenerative in nature and may skew the results of formal assessments. However, a vision and/or hearing screening must be documented on the eligibility report if one is completed for reevaluation to determine continued eligibility.

What constitutes a reevaluation for a student before determining that a student is no longer a student with a disability?
A reevaluation begins with the IEP Team reviewing the student’s educational records (all relevant data) to decide whether or not additional evaluative data are necessary to determine whether or not the student continues to be eligible for special education and related services. The IEP Team should review existing data that includes work samples, observations, attendance, and other measures of student performance already available in the record. Parental consent is not needed to review the educational records. The IEP Team may decide that no additional evaluative data are needed to make a determination or they may decide that additional evaluative data must be obtained in order to determine whether or not the student continues to be eligible. In the latter case, parental consent is required prior to conducting evaluations or documentation of at least two attempts if the parent fails to respond to the request.

 

May we determine a child ineligible if we choose to collect no new data, or must we administer formal assessments?
Yes. A student may be determined ineligible if a public agency chooses not to collect new data. The determination may be based on existing data (such as report cards, work samples, teacher input, state assessments, etc.) A new eligibility report that includes all of the minimum evaluative criteria must be generated. This does not mean just transferring the information from the previous eligibility report to a new report. Current data must be on the eligibility report to support the decision to dismiss or to say ineligible.

 

Since a reevaluation is not required for students graduating with an Alabama High School Diploma or reaching age 21, does that mean we should reevaluate all candidates for the Alabama Occupational Diploma (AOD) and students who will earn a certificate who drop out?
No. A reevaluation is not required for a child exiting with a regular high school diploma or one who reaches age 21. The public agency must provide the child with a summary of academic achievement and functional performance (SOP) including recommendations on how to assist the child in meeting postsecondary goals as well as the Notice of Intent Regarding Special Education Services. The parent and the student (age 19 and older) must receive the Notice of Intent Regarding Special Education Services. A reevaluation is not required for students exiting with an AOD or a graduation certificate or those who drop out because the student is choosing to exit. The public agency is not initiating a “change of placement” in this situation therefore a reevaluation is only necessary if the IEP Team determines that one is necessary. The Notice of Intent Regarding Special Education Services must be provided when a student exits with an AOD, graduation certificate, or drops out. The Notice of Intent Regarding Special Education Services should be used to notify the parent that their student may receive free appropriate public education (FAPE) until age 21. Public agencies must inform the parent and students (age 19 and older) of their right to FAPE until age 21.

 

How does a public agency correct a student’s eligibility if a parent refuses consent for a reevaluation and the previous eligibility is not correct?
Send the Notice of Intent Regarding Special Education Services to the parents notifying them that the previous eligibility determination was incorrect. The public agency may not have any choice but to request a mediation or DPH because the public agency is unable to verify that the student is eligible for special education services.

 

How many three year reevaluations may lapse without getting new testing?
This is an IEP Team decision. However, the IEP Team must be able to justify and defend their decision if challenged. Remember however, that when the criteria in the AAC changes, the student must meet the new AAC criteria at the time of the reevaluation. When the minimum evaluative criteria in the AAC are revised, most students will need additional data in order to meet the new criteria and a new eligibility report generated.

 

What procedure is used to dismiss students who have speech as a secondary disability when they no longer need speech/language services?
Public agencies have been discouraged from indicating secondary disability areas on the eligibility report since 1997. However, if the public agency continues to add a secondary disability area and SLI was actually indicated on the eligibility form as a secondary disability area, you must exit through the reevaluation process. If SLI services were added through the IEP process and not as a secondary disability area, you must exit through the IEP process.

 

Clarify why speech or language services would be provided to a student as a related services if they did not meet qualifying criteria?
Neither the Federal Regulations nor the AAC have criteria for related services. The IEP Team is responsible for determining if a student needs a related service to benefit from special education. Once a student has been determined eligible for special education services for any disability area, the student may receive any service that the IEP Team deems appropriate after appropriate evaluations have been completed and the need for services is documented. Note: SLI is a disability area under the IDEA and in the AAC. Speech/language pathology is a related service in the Federal Regulations and in the AAC.

 

The Federal Regulations and the AAC indicate that the parent can revoke consent at any time. Is that true?
The Federal Regulations and the AAC state that the granting of consent is voluntary on the part of the parent and may be revoked at any time. The AAC also states that if a parent revokes consent, that revocation is not retroactive, (i.e., it does not negate an action after the consent was given and before the consent was revoked). The regulations that became effective on December 31, 2008, allow a parent to revoke consent for the continued provision of special education and related services. The revocation must be in writing and the public agency must provide the Notice of Intent Regarding Special Education Services before ceasing services.

 

On what form does a parent document that they revoke consent for services?
The Notice of Revocation of Consent for Continued Provision of Special Education and Related Services is the form used to document revocation of consent for services. Once the public agency receives this signed form, the public agency must complete the Notice of Intent Regarding Special Education Services and send to the parent before ceasing services.

 

Who must we meet with to discuss services for parentally placed private school students with disabilities?
Meet with private school representatives and representatives of parents of children with disabilities in private schools located in the LEA’s jurisdiction.

 

Is it possible for a parent to request evaluations from the district where the private school is located as well as the district where the child resides?
The OSEP recognizes that there could be times when parents request that their parentally placed child be evaluated by different LEAs if the child is attending a private school that is not in the LEA in which they reside. For example, because most States generally assign the responsibility for making FAPE available to the LEA in which the child’s parents reside (in Alabama, we say where the child resides), and because that could be an LEA that is different from the LEA in which the child’s private school is located, parents could ask two different LEAs to evaluate their child for different purposes at the same time. Although there is nothing in IDEA that prohibits parents from requesting that their child be evaluated by the LEA responsible for FAPE for purposes of having a program of FAPE made available to the child at the same time that the parents request that the LEA where the private school is located evaluate their child for purposes of considering the child for equitable services, the Department does not encourage this practice. Note that a new requirement requires parental consent for the release of information about parentally-placed private school children between LEAs. Therefore, as a practical matter, one LEA may not know that a parent also requested an evaluation from another LEA. However, OSEP does not believe that the child’s best interests would be served if parents request evaluations of their child by the resident school district and the LEA where the private school is located even though these evaluations are conducted for different purposes. Subjecting a child to repeated testing by separate LEAs in close proximity of time may not be the most effective or desirable way to ensure that the evaluations are meaningful measures of whether a child has a disability or of obtaining an appropriate assessment of the child’s educational needs.

 

Does the LEA where the private school is located have an obligation to make an offer of FAPE?
The LEA where a child attends private school is responsible for ensuring equitable participation. If a parentally-placed private school child also resides in that LEA, then the LEA would generally be responsible for making FAPE available to the child unless the parent makes clear his or her intent to keep the child enrolled in the private elementary or secondary school located in the LEA. If a parentally-placed private school child resides in a different LEA, the district in which the private elementary or secondary school is located is not responsible for making FAPE available to that child. If a determination is made through the child find process by the LEA where the private school is located that a child needs special education and related services and a parent makes clear his or her intent to keep the child enrolled in the private elementary or secondary school located in another LEA, the LEA where the child resides need not make FAPE available to the child.

 

What are the procedures for the public agency if the parent of a private school student does not want services from the public agency?
Document that the parent does not want to receive services. Provide notice to the parent on the Notice of Intent Regarding Special Education Services that the public agency will provide a FAPE (if the student resides in that LEA) should the student enroll in the public agency or that the student may be eligible to receive equitable services per the Private School Plan.

 

If a student is parentally placed in private school and is due for a reevaluation, what should the agency do if the parent refuses to give consent for a reevaluation?
Inform the parent that the IDEA and the AAC state that if they refuse consent for reevaluation, the public agency no longer has to consider the student a student with a disability. Use the Notice of Intent Regarding Special Education Services form to notify the parent.

 

Is the school system required to pay for an independent education evaluation (IEE) each time a parent disagrees with an evaluation conducted by the public agency?
Yes, unless the public agency requests a DPH to show that the evaluation the public agency conducted was appropriate. A parent may request only one IEE for each evaluation for which they disagree.

 

How do I get an IEE for my child? Who do I contact?
Contact the public agency’s special education coordinator and discuss your disagreement with the public agency’s evaluation(s). Request an IEE for the evaluation(s) with which you disagree.

 

If a parent brings the results of a privately obtained IEE to the IEP Team/Eligibility Committee without having provided notice of disagreement with the public agency’s evaluation must the public agency pay for it?
No. The public agency is not obligated to pay for an IEE without the parent providing prior notice of disagreement with the public agency’s evaluation results. The public agency must however, consider the results of such evaluation in the decision making process. The parent is not limited to the evaluators provided on the list; however the public agency must ensure that the person completing the IEE meets the same criteria for conducting evaluations as those required by the public agency.

 

Does the parent have the right to request an IEE at public expense if they disagree with the school system’s evaluation pertaining to gifted?
No.

 

How do we proceed with the special education process if parents are incarcerated and their parental rights are not revoked?
Send notices to the parent who is incarcerated if they still have educational decision making rights. If a parent’s educational decision making rights have not been revoked and the Department of Corrections allows, a parent may participate by phone or by providing written input.

 

If there is an individual acting in place of a biological or adoptive parent (grandparent, stepparent, other relative, etc.) can this person legally sign consent forms, IEP, eligibility, etc. as the parent?
Individuals acting in place of the biological or adoptive parent may sign only if the educational decision making rights have been revoked from the parent and/or the whereabouts of the biological or adoptive parent are unknown.

 

The child lives with the mother and grandmother. The grandmother comes to the IEP meeting alone and makes most of the decisions. Can the grandmother sign the IEP?
Yes, the grandmother may sign as a participant, but not as the parent unless there is no biological or adoptive parent or their whereabouts are unknown or the educational decision making rights have been removed from the parent and given to the grandparent.

 

When would a foster parent meet the definition of parent?
When parent rights have been revoked and the child is placed in a foster home, the foster parent may be authorized to act as the parent. A foster parent does not meet the definition of “parent” when educational decision making rights are still with the parent.

 

If a student is 19 years old and he/she is to receive all forms/notices, and sign everything, do I still need to send copies of all the forms/notices to the parents as well?
Both the parent and the student (age 19 and older) should always receive a copy of any notice that is given or sent.

 

Without a place for a parent’s signature on the Special Education Rights, how do we prove we gave this to the parent?
You may ask them to sign a copy if you would like to do so but the Federal Regulations do not require a signed copy of the rights to be maintained. The Federal Regulations do require that you fully inform the parent or student (age 19 and older) of his/her rights.

 

Must a school system provide a parent with copies of a child’s educational records upon request, or is it legally acceptable for the school system to provide the parent access to these records for review and inspection?
Parents may inspect and review all educational records relating to identification, evaluation, and educational placement of the child and the provision of FAPE to the child that are collected, maintained, or used by the participating agency. Parents must be given the opportunity to review their child’s educational records without unnecessary delay and before any meeting regarding an IEP or before a DPH or resolution session is conducted.

 

Define educational records.
The FERPA defines educational records as those records directly related to the student and maintained by an education agency or institution.

 

Please define “in a timely manner”?
Timely manner means without unnecessary delay or the appearance of a delay.

 

When can a public agency request the use of private insurance from a parent?
A public agency can ask if the parent would be willing to use their private insurance but they cannot require the use of private insurance from a parent.

 

How often must a parent sign the Notice and Consent Regarding Payment from Medicaid Benefits?
The Notice and Consent Regarding Payment from Medicaid Benefits must be signed annually unless the scope of services changes.

 

Will the SDE accept a DPH request over the phone?
No, the request for a DPH must be signed and therefore will not be accepted over the phone.

 

Will a mediation request be accepted over the phone?
Yes.

 

If we decide not to go to mediation or request a DPH because the parent refused consent for the initial evaluation, have we violated our Child Find requirements?
The Federal Regulations state that if the public agency decides not to pursue an initial evaluation it does not violate its obligations under Child Find.

 

Can we go to mediation or DPH if a parent refuses to give consent for the provision of services?
No.

 

When would it be appropriate to do a Functional Behavioral Assessment (FBA) and Behavioral Intervention Plan (BIP) to address a behavior violation? Please give examples.
If the IEP Team makes the determination that the conduct was a manifestation of the child’s disability, the IEP Team must conduct a FBA unless the LEA conducted a FBA during the previous 18 months before the behavior that resulted in the change of placement occurred and implemented the BIP for the child. If a BIP has already been implemented then you must review and revise as necessary to address the behavior. A BIP may be developed anytime if the student’s behavior impedes his or her learning or the learning of others.

 

Who determines if there is a pattern of removals that constitute a change of placement?
The Federal Regulations say the public agency. In Alabama, we define the public agency, for this purpose, as an administrator and the student’s special education teacher.

 

Who makes the decision regarding services for a student who has been suspended for more than ten days in a school year when there has not been a change of placement?
School personnel (in consultation with one of the child’s teachers) have the authority to make that decision. The decision can be challenged by requesting a DPH.

 

When there is a disciplinary change of placement, who makes the decision as to the interim alternative educational setting (IAES) and the services?
The IEP Team makes the decision with regard to an IAES.

 

What group meets to conduct the manifestation determination?
Both the Federal Regulations and the AAC state “the LEA, the parent, and the relevant members of the IEP Team (as determined by the parent and the LEA) must review all relevant information in the student’s file when determining if the student’s behavior was a manifestation.” The public agency may want to use the full IEP Team so that if a determination is made that the behavior is a manifestation of the child’s disability, the IEP Team can proceed with determining services and the IAES.

 

When the parent(s) of a child and the school personnel are in agreement about the child’s change of placement after the child has violated a code of student conduct, is it considered to be a removal under the discipline provisions?
No, if the parent(s) of a child and the school district agree to a specific change in the current educational placement of the child.

 

Will in-school suspensions count as out-of-school suspensions?
It depends on whether or not the in-school suspension program will allow the student to progress in the general education curriculum and work toward the goals in his/her IEP.

 

If students in prison are released prior to age 21 must FAPE, including transition services, be provided regardless of whether the reenroll in school or not?
If the student resides in your LEA’s jurisdiction, the LEA is responsible for offering FAPE to the student until he/she turns 21 or exits with a regular diploma.

 

Can students continue to pursue the AOD if they have exited special education?
Yes, if students were pursuing the AOD at the time they were determined to be ineligible for special education services, they may continue to pursue the AOD.

 

Why is there a requirement that a general education teacher participate as a member of the IEP Team if a child is not participating in the regular education environment?
A general education teacher must participate as a member of the IEP Team to discuss what and how the general education curriculum may be accessed and how the student will be involved in the general education curriculum during that IEP implementation year. The general education teacher may also assist in the determination of appropriate positive behavioral interventions and supports, the determination of supplementary aids and services, program modifications, and supports for school personnel.