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May 2015 Archives

Partial Consent to an IEP Document

Following an IEP meeting a parent may be left feeling as though some parts of the IEP are appropriate, while also believing that other parts of the IEP were not appropriately addressed. Can parents provide only partial consent to an IEP document, and if so, are school district's responsible for implementing the portions of the IEP that were consented to?

Physical Restraints and Isolation Techniques

Emergency Interventions may only be used to control unpredictable, spontaneous behavior that poses clear and present danger of serious physical harm to the individual with exceptional needs, or others, and that cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior. California Education Code Section 56521.1.

Private Schools: Requirements, Placement Issues and School District Involvement

Traditional public schools are government operated and funded institutions. Being that these schools receive federal funding, they are required to follow federal regulations and mandates. With regard to special education rights and protections, the Individuals with Disabilities Education Act ("IDEA") is the primary federal law governing public schools. The IDEA requires that each child be provided with a Free and Appropriate Public Education ("FAPE"). The IDEA defines FAPE as follows: special education and related services that (a) have been provided at public expense; (b) meet the standards of the State educational agency; (c) include an appropriate preschool, elementary school, or secondary school education; and (d) are provided in conformity with the individualized education. 20 U.S.C. ยง 602(9).

Placement Decisions Requirements: The Rowley Standard

In Rowley, the United States Supreme Court provided that "implicit in the congressional purpose of providing a 'free appropriate public education' is the requirement that the education provided be sufficient to confer some educational benefit upon the handicapped child". (Board of Ed. Of the Hendrick Hudson Sch. Dist. v. Rowley, 458 U.S. 176, 201-03 (1982); J.L. v. Mercer Island Sch. Dist., 592 F.3d 938 (2009)).

Interim Educational Settings:

The law provides that an IEP team may place a student in an interim alternative educational setting for not more than 45 school days, regardless of whether the student's behavior is determined to be a manifestation of the student's disability, under any of three "special circumstances."

When May a School Discipline a Student?

It can often be a confusing thing for both students and parents to understand; when is a student considered to be "at school" for disciplinary purposes? A quick exploration of the California Education Code can lend some assistance in answering this question.

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