FAQs
Who is responsible for providing a free and appropriate education (FAPE)?
School districts are responsible for meeting FAPE for individuals with disabilities.
IEE: Are families required to choose an evaluator from a school approved list?
(1) The parent, not the district, has the right to choose which evaluator on the list will conduct the IEE; and
(2) When enforcing IEE criteria, the district must allow parents the opportunity to select a qualified evaluator that meets agency criteria even if that evaluator is not on the list of potential evaluators established by the district.
What is a 10 day notice? Why is it important?
A letter written to school districts by parents, guardians, or caregivers notifying them of their intent to change placement for a student with a disability. The letter should state their disagreement with current placement, their concerns, and the intent to be reimbursed by the public school district for the cost of private placement.
This is important because it provides evidentiary support that can help or hurt your case if legal action is taken by either party.
How do you write a SMART IEP?
Specific: What needs to be accomplished? Who’s responsible for it? What steps need to be taken to achieve it?
Measurable: Increase by #, using specific tools. (incorporate measurable, trackable benchmarks)
Achievable: Set goals that are reasonable. Ensure support is in place to assist in meeting the criteria of the goal.
Relevant: Why are you writing that goal? What is its purpose?
Time Framed: Time that goal is expected to be completed and reviewed.
How can families resolve disputes?
Hire an advocate
Document and write formal letters to districts
Facilitated IEPs
OCR and OSEP letters
State complaints
Alternative Dispute Resolution
Mediation
Due process
Can families observe in their child's class?
The Individuals with Disabilities Education Act (IDEA) and Every Student Succeeds Act (ESSA) requires schools to allow parents to schedule a formal class observation visit.
What is compensatory service?
Compensatory services are required to remedy any educational or other deficits that result from the student with a disability not receiving the evaluations or services to which they were entitled.
What are Supplementary services?
Services and other supports to enable students with disabilities to be educated with nondisabled students to the maximum extent appropriate in the least restrictive environment.
What is LRE?
LRE means Least Restrictive Environment. Any placement outside the general education classroom must be justified by the child’s individual disability-related needs. Students must have meaningful access to peers of the same age peers without disabilities, when appropriate.