${site.data.firmName}${SEMFirmNameAlt}
give us a call
Toll Free: 866-781-7723
Local: 714-282-1242

April 2015 Archives

Requesting Educational Records

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of a student's educational records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

Impermissible Behavioral Interventions for Special Education Students:

1. Any intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock.

Functional Behavior Assessment (FBA)

In the case of a child whose behavior impedes his or her learning or that of others, the IEP team must consider, when appropriate, "strategies, including positive behavioral interventions, strategies, and supports to address that behavior." (20 U.S.C. § 1414(d)(3)(B)(i); 34 C.F.R. § 300.324(a)(2)(i); Cal. Educ. Code § 56341.1(b)(1)).

Suspensions Affecting a Student's Placement

The Office of Administrative Hearings has previously held that a district may suspend a child with a disability who violates a code of student conduct from his current placement for not more than 10 school days in the same manner and under the same conditions that it would suspend a nondisabled student. (34 C.F.R. § 300.530(d)(3)).

Manifestation Determination

When a special education student is suspended for disciplinary reasons for more than 10 days, the suspension constitutes a change of placement. Relevant members of the IEP team must meet to determine whether the student's conduct was a manifestation of his disability. That determination must take place within 10 school days of the decision to change the placement.

Augustin Egelsee L.L.P.
8141 East Kaiser Boulevard
Suite 315
Anaheim Hills, CA 92808

Toll Free: 866-781-7723
Phone: 714-602-1498
Map & Directions

Give Us A Call

Toll Free: 866-781-7723
Local: 714-282-1231
Facebook

We accept Visa, Mastercard, Discover and American Express.