A State Complaint is one of several dispute resolution options available to parents of children under the Individuals with Disabilities Education Act (IDEA). The IDEA requires that all State Education Agencies (SEA) provide this method of relief. When a complaint is...
IEP
What is a Due Process Hearing?
A Due Process Hearing is a very complex dispute resolution option for violations under the IDEA that requires parents and the school district to attend a hearing in front of an impartial hearing officer. This process is commenced with a Due Process Complaint Notice...
What is an IEE?
An IEE is an Independent Educational Evaluation. If, after the school district evaluates your child, you, as a parent, disagree with that evaluation, you have the right to obtain an independent educational evaluation of your child. Parents may either pay for this...
What is an IEP?
What is an IEP? An IEP (Individualized Education Program) is the document that describes what a free appropriate education is for an individual child. The IEP outlines what the least restrictive environment is for an individual student and what additional aids and...
Who Should be Involved in the FBA/BIP Process?
The federal regulations only say that "school personnel" should be involved in the FBA/BIP process, and it is normally the case that some combination of school administrators, teachers, social workers, psychologists and other school workers are involved....
Functional Behavior Assessments and Behavior Intervention Plans for Special Education Students
As a general rule, special education students have to be kept in their regular placement as determined in their Individualized Education Program (IEP). However, at times special education students will misbehave and may be disciplined by removal from that...
Part 1: Handling Disagreements on Placements of Kids with IEPs
With respect to students on an IEP who are being disciplined, sometimes disagreements will arise between the child's parents, who believe that the problem behavior is a manifestation of the student's disability or a school's failure to properly implement the IEP, and...
My Child is on an IEP and has been Suspended. What do I do?
First off, don't think that you're powerless. Regardless of what the school may tell you, if your son or daughter has an IEP and has been suspended or is facing expulsion, you have a great deal of control over what happens next. Keep the folllowing things...
Students Facing Discipline Potentially Could be Protected by Special Education Laws
Under the Individuals with Disabilities Education Act (IDEA), if a student who has not been identified as requiring an Individualized Education Program (IEP) is facing removal from the regular educational setting - i.e., expulsion or an extended suspension - but a...
How Manifestation Determinations Work
Before a student on an IEP or a 504 Plan has a change in placement, a manifestation determination meeting normally is held. Within 10 days of a decision to change the placement of a child on an IEP, the IEP team must have a manifestation determination...