By Diane Taylor from examiner.com
The federal regulations for Individuals with Disabilities Education Act (IDEA) includes many provisions to protect the rights of parents and their child with a disability while also giving families and school systems means by which to resolve disputes. These rights are known as procedural safeguards. Parents have specific rights under this law to due process hearing requests under 34 CFR &300.507.
You or your school district may file a due process hearing request on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation, eligibility determination or educational placement of your child or the provision of a free, appropriate public education (FAPE) to your child.
In addition, in accordance with Section 1008.212, F.S., in the event that your school district superintendent requests that an extraordinary exemption from participation in a state assessment be granted to your child and the State Superintendent denies this request, you have the right to an expedited due process hearing. The request for an expedited due process hearing is made directly to the State Department of Education. Upon your request, you will be advised of any free or low-cost legal services and other relevant services available. The hearing must begin within twenty school days following receipt of your request. The administrative law judge or hearing officer must make a determination on the case within ten school days after the expedited hearing is completed.
Read more HERE.
The CAC sponsors this blog for everyone in the Mount Diablo Unified School District community who has an interest in special education and students with special needs.
Showing posts with label free and appropriate public education (FAPE). Show all posts
Showing posts with label free and appropriate public education (FAPE). Show all posts
Sunday, January 5, 2014
Monday, September 30, 2013
Section 504 and IDEA Comparison Chart
School can be a stressful environment for the child and a time of vulnerability. Appropriate accommodations and modifications can reduce stress and can assist in achieving and maintaining educational success.
As a parent, you are your child's greatest advocate, supporter, and cheerleader. By becoming knowledgeable regarding educational laws as well as services and programs available within your community, you can ensure that your child receives a Free and Appropriate Public Education (FAPE). There are two primary laws that cover your child's rights to a public education:
Read more of this article at The National Center for Learning Disabilities website HERE.
As a parent, you are your child's greatest advocate, supporter, and cheerleader. By becoming knowledgeable regarding educational laws as well as services and programs available within your community, you can ensure that your child receives a Free and Appropriate Public Education (FAPE). There are two primary laws that cover your child's rights to a public education:
Read more of this article at The National Center for Learning Disabilities website HERE.
Tuesday, July 30, 2013
Special EDition: June 2013 -- Due Process
From Disability Rights Education and Defense Fund (DREDF)
Disagreements are a fact of life, but for children with disabilities, time and appropriate help are so important that Congress included a set of "Procedural Safeguards" (formal steps to take when you have concerns about what the school district is offering or refusing to do) in IDEA to make sure that a child's right to a Free Appropriate Public Education (FAPE) is protected. Filing for due Process is a key part of those safeguards.This month's Special EDition discusses due process hearings under IDEA (Individuals with Disabilities Education Act).
What is Due Process?
Whenever possible, it is best to try to work out disagreements related to special education directly with the school district and IEP team. However, when this does not work, you are NOT powerless. The next step to consider is filing for "Due process" (this includes whether or not your child is eligible for services at all). Due Process is a legal term that describes a government's commitment to a system of fair procedures to uphold a citizen's legal rights. In the context of IDEA and special education, due process ensures that your child with a disability (or suspected disability) receives an appropriate education based on his/her individual needs by outlining a process of steps to take when disputes arise ending in a formal hearing where a judge makes the final determination. A due process hearing is a way for you to resolve disagreements with your school district when you can't find a solution through the IEP process.
Read more HERE.
Disagreements are a fact of life, but for children with disabilities, time and appropriate help are so important that Congress included a set of "Procedural Safeguards" (formal steps to take when you have concerns about what the school district is offering or refusing to do) in IDEA to make sure that a child's right to a Free Appropriate Public Education (FAPE) is protected. Filing for due Process is a key part of those safeguards.This month's Special EDition discusses due process hearings under IDEA (Individuals with Disabilities Education Act).
What is Due Process?
Whenever possible, it is best to try to work out disagreements related to special education directly with the school district and IEP team. However, when this does not work, you are NOT powerless. The next step to consider is filing for "Due process" (this includes whether or not your child is eligible for services at all). Due Process is a legal term that describes a government's commitment to a system of fair procedures to uphold a citizen's legal rights. In the context of IDEA and special education, due process ensures that your child with a disability (or suspected disability) receives an appropriate education based on his/her individual needs by outlining a process of steps to take when disputes arise ending in a formal hearing where a judge makes the final determination. A due process hearing is a way for you to resolve disagreements with your school district when you can't find a solution through the IEP process.
Read more HERE.
Monday, May 6, 2013
Why and How to Read Your Child’s IEP
By Marcie Lipsitt, National Center for Learning Disabilities (NCLD) Parent Leader
I know few parents who look forward to attending their child’s Individualized Education Program (IEP) team meeting. IEPs are difficult to read. Comprehending the IEP jargon and legalese can be daunting. Many parents are so intimidated by the document and the process surrounding its implementation that they “give up.” This is a mistake. Parents need to be engaged in this educational journey that will continue until their child’s very last day in high school or a post-secondary special education program.
I often ask why it is that only parents of children with special needs have to become experts in how to educate their children. Why do these parents have to understand and synthesize current research-based instruction, data-based decision-making or draft measurable and accountable IEPs? When is the last time that you heard the parents of a healthy, neuro-typical child lament the daily grind of learning how to educate their child or navigate state and federal education laws, rules, and policies?
Read more HERE.
I know few parents who look forward to attending their child’s Individualized Education Program (IEP) team meeting. IEPs are difficult to read. Comprehending the IEP jargon and legalese can be daunting. Many parents are so intimidated by the document and the process surrounding its implementation that they “give up.” This is a mistake. Parents need to be engaged in this educational journey that will continue until their child’s very last day in high school or a post-secondary special education program.
I often ask why it is that only parents of children with special needs have to become experts in how to educate their children. Why do these parents have to understand and synthesize current research-based instruction, data-based decision-making or draft measurable and accountable IEPs? When is the last time that you heard the parents of a healthy, neuro-typical child lament the daily grind of learning how to educate their child or navigate state and federal education laws, rules, and policies?
Read more HERE.
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