Presented by: Date:

HOT TOPICS IN COMPLIANCE:Complex Issues, Simple Solutions

Michelle H. Basi September 16, 2015

Regulations

Procedures

Paperwork

Cross your t’s and dot your i’s….

Compliance

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To ensure that all children with disabilities have available to them a free appropriate public education…

To ensure that the rights of children with disabilities parents of such

children are protected

IDEA Purpose

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• Substantive v. Procedural Violations–“In matters alleging a procedural violation, a

hearing officer may find that a child did not receive a FAPE only if the procedural inadequacies:o Impeded the child’s right to a FAPE;o Significantly impeded the parents’ opportunity to

participate in the decision-making process regarding the provision of FAPE to the child; or

o Caused a deprivation of educational benefits.” 34 C.F.R. § 300.513(b)

IDEA Purpose

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•Affirmative, ongoing obligation of states and local districts to identify, locate and evaluate all children with disabilities who reside in district that have disabilities and need special education

•State Plan & local policy

Compliance: Child Find

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•Hot Topic: Behaviors!

Violence

Self-harm / mental health

Jail (Dear Colleague Letter)

•Hot Topic: ELL

Compliance: Child Find

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• Hot Topic: General Education Teacher

Written agreement

Written consent and input provided

• Hot Topic: Private Agency Representative

Predetermination?

Compliance: IEP Participants

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Hot Topic: What?

Description of action proposed or refused by District

Explanation of why the District proposes or refuses to take action

Description of each evaluation procedure, record, or report the District used as a basis for the proposed or refused action

Description of other options that the IEP team considered and reasons why those options were rejected

Description of other factors relevant to the District’s proposal or refusal

Compliance: Notices of Action

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Hot Topic: When?

When a District acts to initiate or change the identification, evaluation or educational placement of a child or the provision of FAPE to the child

What does this mean?

Compliance: Notices of Action

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Hot Topic: Why?

Sufficient detail to allow parents to participate in educational decisions in an informed way

Sets forth District’s rationale – done well, it is a great tool!

Compliance: Notices of Action

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Hot Topic: IEP Participants

Hot Topic: Individualized?

Hot Topic: Responsible Party

Compliance: Transition

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• Hot Topic: What?

Statement of present levels of academic achievement and functional performance, including how the child’s disability affects the child’s involvement and progress in general education curriculum

Baseline

Update! When done well, can be a good tool!

Compliance: Present Levels

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•Remember IDEA fundamentals–Process

–Individualized determinations

–Documentation•Be aware and be proactive•Seek guidance early when aware of potential dispute

Simple Solutions

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Celynda L. Brasher

Tueth Keeney Cooper Mohan & Jackstadt, P.C.

314.880.3600

cbrasher@tuethkeeney.com