How to Survive a Due Process Hearing

2008 ◽  
Vol 9 (1) ◽  
pp. 5-12
Author(s):  
Carl Corbin
Keyword(s):  
Special Education ◽  
Due Process ◽  
Individualized Education Program ◽  
Special Education Services ◽  
Education Services ◽  
Free Appropriate Public Education ◽  
Disabilities Education Act ◽  
Educational Professionals ◽  
Due Process Hearing ◽  
Education Act

Abstract Background/Introduction: Due process hearings are administrative hearings that resolve disputes between parents of children, who qualify for special education services under the Individuals with Disabilities Education Act (“IDEA”), and a Local Educational Agency (“LEA”). The IDEA provides that students that qualify for special education services are entitled to receive a Free Appropriate Public Education (“FAPE”). A FAPE has both substantive and procedural requirements. The process by which a LEA details the provision of a FAPE to a student who qualifies for special education services is through the development of an Individualized Education Program (“IEP”). Objectives: This article reviews the process to develop a legally defensible IEP. This article provides strategies for LEAs and educational professionals to avoid a due process hearing. This article provides a brief description of and timelines associated with a due process hearing. This article provides suggestions to educational professionals who may be called to testify as a witness at a due process hearing. Conclusion: LEAs and educational professionals can minimize their risk of having to undergo a due process hearing and can maximize their chances to prevail at a due process hearing through preparation and training.

Parents as Partners in the Special Education Process

2016 ◽  
pp. 263-276
Author(s):  
Cynthia Sistek-Chandler
Keyword(s):  
Special Education ◽  
Individual Education Plan ◽  
Special Education Services ◽  
Education Services ◽  
Education Experience ◽  
Disabilities Education Act ◽  
Education Act ◽  
Special Education Process ◽  
The Individual ◽  
Individual Education

The purpose of this chapter is to provide Pre-K through college educators, parents, and administrators who are involved with special education, insight into the processes and procedures from the perspective of a parent. The parent's perspective and involvement with their special needs child is critical in shaping the lifelong, special education experience. The literature and research shows a strong correlation to student success when parents are actively involved in this process. Rooted in the federal and state guidelines from the 2004 Individuals with Disabilities Education Act (IDEA), all students are entitled to education services from birth through age 21. Recommendations for the Individual Education Plan process as well as strategies for navigating special education services are revealed in this narrative.

scholarly journals Under-Identification of Students with Long Term Disability from Moderate to Severe TBI:

2019 ◽  
Vol 38 (1) ◽  
pp. 10-25
Author(s):  
Drew A Nagele ◽  
Stephen R. Hooper ◽  
Kristin Hildebrant ◽  
Melissa McCart ◽  
Judy Dettmer ◽  
...  
Keyword(s):  
Special Education ◽  
Special Education Services ◽  
Medical Systems ◽  
Special Education Eligibility ◽  
Education Services ◽  
Disabilities Education Act ◽  
Severe Tbi ◽  
State Child ◽  
Education Act

Traumatic Brain Injury (TBI) is a special education eligibility category under the Individuals with Disabilities Education Act (IDEA). Unlike other special education categories (e.g., autism, specific learning disabilities), relatively few students with TBI are identified for special education nationwide compared to the known prevalence of TBI. Discrepanies between TBI hospitalization data, estimates of long-term disability due to TBI, and the number of students identified under the TBI category were analyzed. Only 33% of students projected to have moderate to severe TBI were represented in state child counts using the IDEA TBI category. Possible explanations for these discrepancies were explored, including that students with TBI are not referred for special education services, students are served under other special education categories, communications between medical systems-school systems are limited, and that students may not manifest difficulty until years after injury. Potential solutions to improve TBI identification for special education services are presented.

Adapted Physical Education: Meeting the Requirements of the Individuals With Disabilities Education Act

2021 ◽  
pp. 004005992110383
Author(s):  
Mitchell L. Yell ◽  
Scott McNamara ◽  
Angela M. T. Prince
Keyword(s):  
Physical Education ◽  
Students With Disabilities ◽  
Individualized Education Program ◽  
Department Of Education ◽  
Adapted Physical Education ◽  
Individuals With Disabilities ◽  
Education Services ◽  
Free Appropriate Public Education ◽  
Disabilities Education Act ◽  
Education Act

The Individuals with Disabilities Education Act (IDEA) requires that school districts provide eligible students with specially designed instruction that confers a free appropriate public education (FAPE). Depending on the unique needs of a student, FAPE may include physical education services. The IDEA also requires that a student’s individualized education program (IEP) include adapted physical education services, when deemed necessary to meet a student’s needs. In this paper we (a) define and compare physical education and adapted physical education, (b) examine the FAPE of the IDEA requirements regarding physical education and adapted physical education, (c) review a recent policy letter issued by the U.S Department of Education on adapted physical education, (d) highlight several court cases on adapted physical education for students with disabilities, and (e) offer guidance on when to include physical education and adapted physical education in students’ IEPs.

Parents as Partners in the Special Education Process

2019 ◽  
pp. 1610-1623
Author(s):  
Cynthia Sistek-Chandler
Keyword(s):  
Special Education ◽  
Individual Education Plan ◽  
Special Education Services ◽  
Education Services ◽  
Education Experience ◽  
Disabilities Education Act ◽  
Education Act ◽  
Special Education Process ◽  
The Individual ◽  
Individual Education

The purpose of this chapter is to provide Pre-K through college educators, parents, and administrators who are involved with special education, insight into the processes and procedures from the perspective of a parent. The parent's perspective and involvement with their special needs child is critical in shaping the lifelong, special education experience. The literature and research shows a strong correlation to student success when parents are actively involved in this process. Rooted in the federal and state guidelines from the 2004 Individuals with Disabilities Education Act (IDEA), all students are entitled to education services from birth through age 21. Recommendations for the Individual Education Plan process as well as strategies for navigating special education services are revealed in this narrative.

Avoiding a Due Process Hearing

2008 ◽  
Vol 9 (1) ◽  
pp. 13-16
Author(s):  
Roberta Kreb
Keyword(s):  
Special Education ◽  
Due Process ◽  
Speech Language Pathologists ◽  
Individuals With Disabilities ◽  
Related Services ◽  
Disabilities Education Act ◽  
Due Process Hearing ◽  
Education Act ◽  
Appropriate Education

Abstract The Individuals with Disabilities Education Act (IDEA) provides a framework for ensuring students receiving special education and related services receive a free and appropriate education. When provision of that education is called into question, speech-language pathologists may find themselves involved in a due process hearing. By maintaining solid documentation of services provided and being clear communicators, speech-language pathologists will be prepared for a due process hearing.

The Fight Within: Parent-Educators Advocating for their Children with Autism Inside their Own School Districts

2019 ◽  
Vol 43 (2) ◽  
pp. 162-177
Author(s):  
Keri C. Fogle ◽  
David Hoppey ◽  
David H. Allsopp
Keyword(s):  
Special Education ◽  
Children With Autism ◽  
Special Education Services ◽  
School Partnerships ◽  
Study Approach ◽  
Educational Rights ◽  
Disabilities Education Act ◽  
Education Act ◽  
Parent Educators

Parents have advocated for the educational rights of their children with disabilities for decades, and more so since the reauthorization of the Individuals With Disabilities Education Act (IDEA). Advocating for one’s child while working as an employee in the same school district where your child receives special education services comes with unforeseen complexities. Using a heuristic case study approach, this inquiry intended to discern the experiences, barriers, and perceptions of job security of two parent-educators with children with autism. Findings suggest unanticipated experiences and challenges within their dual, parent-educator role as indicated by the theory of responsible advocacy. Perceived employment consequences related to advocating from within the school system are also discussed along with implications for such parent-educators and their role in improving parent–school partnerships in special education.

Perspectives on the Future of IDEA

1997 ◽  
Vol 22 (2) ◽  
pp. 61-76 ◽  
Author(s):  
Michael L. Hardman ◽  
John McDonnell ◽  
Marshall Welch
Keyword(s):  
Special Education ◽  
Public Education ◽  
Students With Disabilities ◽  
Individualized Education Program ◽  
Federal Law ◽  
Individualized Education ◽  
Disabilities Education Act ◽  
Education Act ◽  
Definition Of ◽  
Restrictive Environment

Since its original passage in 1975 as Public Law 94-142, the Individuals with Disabilities Education Act (IDEA) has been the cornerstone of practice in special education. This federal law has enabled all eligible students with disabilities to access a free and appropriate public education. During the past 2 years, the 104th Congress has debated vigorously some of the law's basic tenets (e.g., definition of disability, content of the individualized education plan [IEP], parental rights to attorneys, fees, discipline, and placement). The basic requirements of the law remain intact and continue to shape the scope and content of special education. This article addresses whether or not the assumptions upon which IDEA is based remain valid as we approach the 21st century. We critique these assumptions within the context of four requirements of IDEA: (a) eligibility and labeling, (b) free and appropriate public education, (c) the individualized education program (IEP), and (d) the least restrictive environment. Recommendations for changes in existing law relative to each of the above requirements are presented.

The Educational Rights of Students with Chronic Disease

2020 ◽  
pp. 550-577
Author(s):  
Thomas C. Gibbon ◽  
Jenifer Cline ◽  
Christopher L. Schwilk ◽  
Patricia D. Hosfelt ◽  
David F. Bateman
Keyword(s):  
Special Education ◽  
Chronic Disease ◽  
Students With Disabilities ◽  
Section 504 ◽  
Special Education Services ◽  
Related Services ◽  
Education Services ◽  
Free Appropriate Public Education ◽  
Educational Rights ◽  
Definition Of

Effective implementation of services for students with chronic disease in any school district relies on a solid understanding of the rules and regulations governing the educational rights of those with disabilities. This chapter enumerates the history of the educational rights of students with disabilities, describes the key laws as promulgated by the federal government, provides a definition of a disability based on these laws, possible categories of special education services and the qualification process for 504 or special education services. This chapter discusses the consideration for education in the least restrictive environment, and key components in the development of both IEP's and Section 504 plans, issues related to providing a free appropriate public education, and the Family and Educational Rights Privacy Act. It concludes with a discussion of working with related services personnel. The two main ways students with chronic disease receive services is under IDEA in the category of Other Health Impaired or under Section 504 of the Rehabilitation Act.

Applied Behavior Analysis, Students With Autism, and the Requirement to Provide a Free Appropriate Public Education

2018 ◽  
Vol 29 (4) ◽  
pp. 206-215
Author(s):  
Bradley S. Stevenson ◽  
Vivian I. Correa
Keyword(s):  
Public Education ◽  
Behavior Analysis ◽  
Applied Behavior Analysis ◽  
Individualized Education Program ◽  
School Personnel ◽  
Case Law ◽  
Free Appropriate Public Education ◽  
Disabilities Education Act ◽  
Students With Autism ◽  
Education Act

The prevalence of autism has been steadily rising over the previous decades. The diverse ways in which the disorder manifests in students and the free and appropriate public education (FAPE) mandate of the Individuals With Disabilities Education Act (IDEA) requires that a student’s individualized education program (IEP) team tailor interventions to meet the unique educational needs of that student. Deciding on the most appropriate evidence-based intervention programs for students with autism can be complex. In fact, a frequent source of litigation is when families and school personnel disagree on the particular programming to be provided to students with autism. Often this litigation involves disagreement over the extent to which services should be based on the principles of applied behavior analysis (ABA). The purpose of this article is to review select case law to analyze how courts have ruled on whether schools must provide ABA services to meet FAPE requirement when families request those services, and to extrapolate implications for practice, including guidance to families and school personnel on how to work collaboratively to resolve conflicts surrounding ABA services.

Endrew F. v. Douglas County School District (2017): The U.S. Supreme Court and Special Education

2017 ◽  
Vol 53 (5) ◽  
pp. 321-324 ◽  
Author(s):  
Angela M. T. Prince ◽  
Mitchell L. Yell ◽  
Antonis Katsiyannis
Keyword(s):  
Special Education ◽  
Public Schools ◽  
Public Education ◽  
School District ◽  
Supreme Court ◽  
Students With Disabilities ◽  
Free Appropriate Public Education ◽  
Disabilities Education Act ◽  
Education Act ◽  
The U.S

On March 22, 2017, the U.S. Supreme Court announced its decision in Endrew F. v. Douglas County School District. This case addressed the question how much educational benefit are public schools required to provide to students with disabilities under the Individuals With Disabilities Education Act (IDEA) to confer a free appropriate public education (FAPE). The purpose of this legal update is to provide a brief overview of court developments regarding FAPE, summarize Endrew, and provide implications for practice.

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