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Subpart E of the Part B Regulations: Procedural Safeguards

April 12, 2014 in Special Education Advisor Blog by Doug Goldberg

Subpart E—Procedural Safeguards Due Process Procedures for Parents and Children

§ 300.500   Responsibility of SEA and other public agencies.

Each SEA must ensure that each public agency establishes, maintains, and implements procedural safeguards that meet the requirements of §§300.500 through 300.536.

(Authority: 20 U.S.C. 1415(a))   Read the rest of this entry →

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Transition to Adulthood

April 12, 2014 in Special Education Advisor Blog by Doug Goldberg

When reauthorizing IDEA in 2004 Congress found that “while graduation rates for children with disabilities continue to climb, providing effective transition services to promote successful post-school employment or education is an important measure of accountability for children with disabilities.”

IDEA defined transition services to mean a coordinated set of activities for a child with a disability that:

  1. is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including post-secondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;
  2. is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and
  3. includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation. Read the rest of this entry →
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How to Prepare for a Manifestation Determination Review

April 11, 2014 in Special Education Advisor Blog by Doug Goldberg

One of the most devastating calls you can receive as a parent is the School calling to tell you they have initiated an expulsion proceeding against your child due to poor behavior. If your child has an Individualized Education Program (“IEP”) before the expulsion process can start they must hold a Manifestation Determination review. This review must be held within 10 days of the conduct. At which time the IEP team must review the complete file and consider all relevant information, including the IEP, any teacher observations, and any information supplied by the parents. The IEP team must then answer two questions: Read the rest of this entry →

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Top 10 Items that Should Be Listed in an IEP

April 10, 2014 in Special Education Advisor Blog by Dennise Goldberg

We all know how important it is to have an IEP that addresses our child’s Academic, Developmental and Functional needs; to ensure they are appropriately prepared for an independent future.  Therefore, as parents, we have to make sure our child’s IEP includes the necessary information to prepare them for life after high school.  The results of your child’s most recent assessments, report cards, state tests, school personnel and parent input will assist the team in developing an appropriate IEP. Read the rest of this entry →

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Putting an Appropriate IEP Team Together

March 22, 2014 in Special Education Advisor Blog by Doug Goldberg

Pete Wright, the Godfather of Special Education law, has often been quoted saying, “Unless you are prepared to remove your child from public school forever, you need to view your relationship with the school as a marriage without the possibility of divorce.” While this may be true regarding the School relationship, this isn’t the case for individual members of the IEP Team. IEP Team members change frequently and it’s amazing how adding or removing one person from the IEP Team can make a huge difference in the quality and implementation of an IEP. While the Parents are not normally in control of the IEP team members from the School, there are methods the Parents can use to add or remove members. Read the rest of this entry →

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My Child has a Medical Diagnosis why doesn’t he Qualify for an IEP?

March 19, 2014 in Special Education Advisor Blog by Doug Goldberg

I often hear from parents, I have just gotten a medical diagnosis for my child and have set up my first IEP meeting to qualify them to receive services.  That medical diagnosis could be ADHD, a learning disorder, a mood disorder, an anxiety disorder, pervasive developmental disorder or a whole host of others.  These are typically the same parents that are blown away when the School District tells them they don’t qualify. Read the rest of this entry →

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Top Ten Methods to Foster IEP Team Collaboration

March 7, 2014 in Special Education Advisor Blog by Doug Goldberg

In my opinion parents and school districts can’t collaborate because they have different agendas. School Districts are businesses that are limited by school budgets and costs. Their business is educating the masses of children in the most cost effective method possible. Parents on the other hand are only interested in educating and raising their children. Parents want the best for their children while School Districts want the cheapest cost. While I don’t believe School Districts and Parents can collaborate the good news is, I do believe Parents and School Personnel (individuals) can collaborate. Believing in collaboration between individuals is one thing, but how do you actually foster collaboration? Read the rest of this entry →

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How to Prepare for an IEP (Updated)

March 7, 2014 in Special Education Advisor Blog by Doug Goldberg

We live in an unprecedented era where schools are dealing with shrinking budgets and fewer resources but still must figure out how to educate an increasingly large number of student age children.  This is compounded by the fact that class sizes are increasing and the number of credentialed Teachers are decreasing due to layoffs.  Just like every other area of education, school districts are trying to figure out ways to cut special education costs as well.  Even though cost cannot be a factor when determining services in an Individualized Education Program (IEP) the children receiving the appropriate services are the ones whose parents are educated and prepared when attending their child’s IEP.  This makes it even more important to be prepared for your next meeting.  This article will help you truly prepare for the next IEP meeting. Read the rest of this entry →

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It’s All the Parents Fault!

January 26, 2014 in Special Education Advisor Blog by Doug Goldberg

How often have you heard the School District blame the Parents for the failure of an IEP?  I’ve heard it more often than I would like and it’s more common than some would like to believe.  This very topic was at the heart of a recent appeals proceeding conducted by the 9th Circuit Court of Appeals in the case of Anchorage School District v. M.P..  The 9th Circuit was reviewing a ruling from a District Court that was “declining to consider whether M.P. received a FAPE (Free Appropriate Public Education) because his parents were equally or more at fault for the absence of an updated IEP.”  This ruling from the District Court, if upheld by the 9th Circuit, would have undermined the entire process established by Congress in IDEA and the rights afforded to parent’s to protect their child’s right to receive FAPE.  The 9th Circuit understood the enormity of what the District Court had ruled and agreed to a judicial review of the lower court’s decision.  During that review, “The school district argued that the parents were at fault because “they left the IEP meeting, did not file a dissenting report,” and did not adequately communicate their concerns to the school district.”  The 9th Circuit Court of appeals disagreed and wrote the following: Read the rest of this entry →

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What is a Special Education Advocate?

January 25, 2014 in Special Education Advisor Blog by Doug Goldberg

Special Education Advocates or IEP Advocates help parents write appropriate Individualized Education Programs (IEPs) and attain special education services for their child with a disability from their public school system.  They do so by familiarizing themselves with the special education process.  Please be aware, advocates are not attorneys.  However, advocates are extremely helpful in IEP meetings to assist in the negotiation process between parents and their school.  The Advocate can provide information about special education options and requirements and can help seek specific services or programs.  The advocate knows local schools resources and can see solutions others might not.  A Special Education Advocate is: Read the rest of this entry →

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