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?
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.
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."
The term 'parent' is defined by the California Education Code as follows:
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.
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)).
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)).
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.
Often times during an IEP meeting, in addition to many other special education proceedings, the term "Stay Put" placement may be discussed. What exactly does that mean?