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Posts tagged "special education"

How to Use FBA and BIP Information

The most important thing to understand about the relationship between FBAs and BIPs is that the findings of the FBA must ultimately be the foundation for the recommendations of the BIP.  The FBA exists to identify why the child is acting the way he or she is, while the BIP considers the information that the FBA has gathered and then uses it to develop the best plan going forward. 

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 2: Handling Disagreements on Placements of Kids with 504s

Options for resolving disputes regarding a kid on a 504 plan are different than they are for students on an IEP.  They're not as efficient and speedy as options for resolving disputes concerning students on an IEP.  If there is a dispute involving a student on a 504 plan, school districts must conduct an impartial hearing when parents disagree with their child's identification, evaluation or placement.  The details are left up to the discretion of the school district and hearing officer.  Parents often are unhappy with this option, so they may choose to file a complaint with OCR. This complaint may or may not be accepted by OCR, it will take several months for OCR to deal with it and OCR has limited enforcement mechanisms.  OCR will threaten to pull funding from a school district for violations, but this is extraordinarily unlikely.  
Still, OCR can help parents and districts mediate disputes.  Plus, the possibility of OCR consequences normally is enough to get districts to remedy their behavior in case OCR has determined that a district has engaged in a discriminatory fashion. What's particularly frightening for districts is if a parent files suit in federal court under 42 USC 1983 (simply known as "1983") and can prove discrimination against their 504-protected child.  If a parent wins such a suit, the damages could be substantial, and the district would have to pay the parents' attorney fees, which easily could get in the tens or even hundreds of thousands in a federal case.  

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.

Kishinevsky & Raykin, Attorneys at Law
2851 South Parker Road, Suite 150
Aurora, CO 80014-2722

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