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Posts tagged "IEP"

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.  However, it is not unusual - and often is highly advisable - for the parents of the student to be involved, as well.  There are a few reasons for this:
1. If parents are involved in the FBA/BIP process, then they're much more likely to be cooperative with school officials when the actual behavior intervention plan is finalized.
2. Parent are capable of providing a great deal of valuable feedback about their children.  As well as school officials and teachers know the children they work with, no one is going to know kids better than their parents.  
3. Schools that are willing to work with parents in the FBA/BIP process are showing that they have an inclusive approach, and this will help them guard against future litigation.  
If the recommendation under a BIP is change of placement of the sped student under 34 CFR 300.536, then the student's regular IEP team must be involved, and that team includes school personnel but must also include the child's parents and other people the parents choose to include, including possibly an outside psychologist and/or attorney.

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 regular placement.  In fact, research shows that special education students generally tend to get disciplined more often than their general education peers, and also that the discipline for them may often be longer and more severe.  Luckily, however, the law does offer protections for special education students, but parents have to use the law properly.  

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 the rest of the IEP team, who believe this not to be the case.  If this happens, it is a serious problem, and the school district is going to have to make some very important decisions.  Things for the district can turn very messy very quickly - not to mention very expensive - if there is a determined parent, and the district must make a decision as to whether it wants to have this fight or wants to work out some kind of a compromise with the parent. 

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.  

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 parent nevertheless believes the student may have a disability, the parent may request a special education evaluation.  This is a situation that occasionally will arise.

Special Education Students Must Receive Services During Disciplinary Removal

Under th Individuals with Disabilities Education Act, students on an IEP must continue to receive education services when they are removed from their regulation education setting.  Normally the removal is through suspension or expulsion.  While the student is in removal, he or she may be placed into an interim alternative education setting (IAES).  But wherever that student is, the IEP still must be followed.  This means that, even during removal, a student must continue to receive services while they're out of school.

Difficult Situation for School and Child Re: 504/IEP

This article raises questions about 504 plans and/or IEPs: Parent Sues School District Over Service Dog For Son With Cerebral Palsy.  In this case, a parent of a child with a disability is suing the school district because the district isn't allowing his child to bring in his service dog.  I have yet to see anything like this in the Denver area, but it wouldn't necessarily surprise me.  Many people may look at a story like this and think it's ridiculous, but it actually raises some important questions.

Kishinevsky & Raykin, Attorneys at Law
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Aurora, CO 80014-2722

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