Learn Your Special Education Laws, Special Education Rights, and Share IEP Goal Ideas

You are browsing the archive for Procedural Safeguards.

Strong Advocacy & Positive School Relationships are not Mutually Exclusive

July 5, 2014 in Special Education Advisor Blog by Doug Goldberg

I don’t understand why every time we post an article on Special Education Advisor regarding advocacy or relationships with your child’s school we always get the same type of comments. If the article is discussing how to collaborate with your school or create a positive relationship I receive comments about how utilizing this philosophy would put you in a weak position. On the other hand, every time we post an article about being a strong advocate for your child we get comments about how this is counterproductive to the collaborative nature of the IEP Meeting. Since when did we start living in a universe where you can’t have a positive relationship with your child’s school and be a strong advocate for their needs? You absolutely can do both, but it requires finesse. Before we talk about how to do this I want you to see two of these comments we have received. On the article Top Ten Methods to Foster IEP Team Collaboration we received this comment: Read the rest of this entry →

VN:F [1.9.22_1171]
Rating: 5.0/5 (1 vote cast)
Avatar of Jess

by Jess

Right to Receive a Complete Explanation of IDEA’s Procedural Safeguards

April 12, 2014 in The National Dissemination Center for Children with Disabilities by Jess

At least one time a year, the parents of a child with a disability must receive from the school system a complete explanation of all the procedural safeguards available to them, as parents, under IDEA. This explanation is called the “Procedural Safeguards Notice.”

In this page, we’ll examine the purpose and contents of this notice, the times that parents will receive it, and other aspects of this important safeguard. Read the rest of this entry →

VN:F [1.9.22_1171]
Rating: 0.0/5 (0 votes cast)

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 →

VN:F [1.9.22_1171]
Rating: 0.0/5 (0 votes cast)

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 →

VN:F [1.9.22_1171]
Rating: 3.0/5 (5 votes cast)

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 →

VN:F [1.9.22_1171]
Rating: 4.0/5 (2 votes cast)

11th Circuit Court of Appeals Decision: IEE reimbursement

November 25, 2012 in Special Education Advisor Blog by Dennise Goldberg

A School District in Alabama decided it was worth hundreds of thousands of dollars in legal fees to try to invalidate a Parent’s right to an Independent Educational Evaluation (IEE) at public expense that has been part and parcel with the Individual’s with Disabilities Education Act (IDEA) for decades.  Parent’s are at a marked disadvantage when dealing with a School District regarding their child’s Individualized Education Program and Congress was well aware of this when they crafted IDEA.  This is why IDEA includes various Procedural Safeguards for the sole purpose of leveling the playing field for Parents who are trying their best to raise a child with a disability and negotiate for an appropriate education for that child.  This is why it enrages me when a School District spends money that should have been used to educate students on lawyers when the intention of Congress regarding reimbursement of IEE’s is very clear.   Read the rest of this entry →

VN:F [1.9.22_1171]
Rating: 5.0/5 (4 votes cast)

Call to Action: We can’t expect fairness when we do nothing about it when it’s taken away

August 20, 2012 in Special Education Advisor Blog by Dennise Goldberg

Dear Members of Congress;

Today all over the United States children with a disability are not being provided an appropriate education via their Individualized Education Program (IEP).  While there are many wonderful School Districts there are some that are skirting their responsibility because they know they can get away with it.  In these troubled economic times some School Districts are cutting necessary services as a cost saving method knowing that many parents don’t have the means to disagree and file a complaint.  The law that governs special education in the United States, the Individuals with Disabilities Education Act (IDEA) was not meant to shift the balance of power to the school districts but that is what has happened.  The fairness was taken from IDEA in 2006 and it’s time to give it back and level the playing field for parents. Read the rest of this entry →

VN:F [1.9.22_1171]
Rating: 5.0/5 (3 votes cast)

The Most Important Article You Never Saw (Unless you teach in California)

July 16, 2012 in Special Education Advisor Blog by Doug Goldberg

Over the years I have spent a lot of time and energy writing about Teachers and separating them from the School District.  In a post in March I wrote:

Learning to separate the School District and the School Personnel (Teachers, Therapists, Aides, etc.) is one of the most difficult lessons to learn. Once you are able to separate the people (school personnel) from the faceless corporation (the School District bean counters) it is not impossible to have a positive relationship with your school and also be a strong advocate for your child. Read the rest of this entry →

VN:F [1.9.22_1171]
Rating: 5.0/5 (2 votes cast)

Judge to School District, “No Legal Fees for You!”

June 12, 2012 in Special Education Advisor Blog by Doug Goldberg

Almost six years ago the parents of a child with autism sat in an Individualized Education Program (IEP) meeting and disagreed with the Schools offer of FAPE (Free Appropriate Public Education). The parents’ felt their child, Chuka Chibougwu, was not being provided an appropriate education and exercised their rights under the Individuals with Disabilities Education Act (IDEA) to disagree with the School District’s offer and request a due process hearing. This caused the School District to put a bulls-eye on the backs of Mr. & Mrs. Chibougu and try their best to bankrupt this family. The School District that was trying to financially ruin this family was the Alief Independent School District in Texas and the story that played out was nothing short of amazing. Read the rest of this entry →

VN:F [1.9.22_1171]
Rating: 5.0/5 (5 votes cast)

OSEP Provides Guidance on Independent Educational Evaluations (IEE)

June 3, 2012 in Special Education Advisor Blog by Doug Goldberg

When establishing the Individuals with Disabilities Education Act (IDEA) certain requirements were put in place to help protect the rights of children with a disability and their parents. These protections called the Procedural Safeguards are outlined in 20 U. S. C. § 1415. In my opinion, one of the most important of these safeguards is the Independent Educational Evaluation (IEE) which is found in Section 300.502 of IDEA. It States:

(a) General.

(1) The parents of a child with a disability have the right under this part to obtain an independent educational evaluation of the child, subject to paragraphs (b) through (e) of this section. Read the rest of this entry →

VN:F [1.9.22_1171]
Rating: 4.5/5 (2 votes cast)