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.
The term 'parent' is defined by the California Education Code as follows:
1. Any intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock.
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)).
Outlined below is a brief summary of school district requirements regarding assessment plans, parental consent, and the subsequent legal timeline regarding those assessments.
The IDEA imposes upon the school district the duty to conduct a meaningful IEP meeting with parents. (W.G. v. Bd. of Trustees of Target Range Sch. Dist., 960 F.2d 1479, 1485 (9th Cir. 1992); Fuhrmann v. East Hanover Bd. of Educ., 993 F.2d 1031, 1036 (3d Cir. 1993)).
Only because a school district may have met their requirements under the Individual with Disabilities Education Act (IDEA), it does not automatically mean they have met their requirements under Title II of the Americans with Disabilities Act (ADA). KM v. Tustin USD, 61 IDELR 182 (9th Cir 2013).
Special educational evaluations are crucial in determining and understanding what an individual student's unique needs are. Examples of educational evaluations include: Psychoeducational Assessments, Language and Speech Assessments, Occupational Therapy Assessments, and Functional Behavior Assessments, among many others.
Following an IEP meeting members of the IEP team will generally ask a parent to consent to the IEP in its entirety. Oftentimes, parents will feel pressured to sign the IEP immediately or risk alienating members of the IEP team. A good option that parents in this situation have is to simply state that they would like to take time to review the written IEP document as a whole, to ensure that they do not have any additional questions or concerns. The IEP document is what governs your child's educational plan, and simply requesting additional time to review the document in its entirety is a complete reasonable request.
Ensuring that a child with special needs is provided with the appropriate placement and program can be a difficult task for any parent. This article will explore possible ways to ensure that you child is provided with the appropriate behavior intervention services.