Term
| Most important procedural safeguards |
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Definition
• Parent involvement
• Active Consent
o Arguably most important
o Can’t do other things without
• Parents educated about rights
o Actually parents are not educated |
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Term
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Definition
• Assessment, initial placement, reassessment,
• Change in placement
o Have to inform parent, but don't need active consent
o But, in IEP meeting need consent if change of placement
• But if don’t hear from parent than it comes into effect |
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Term
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Definition
• School does not need to buy drugs
• School must give drugs after purchased by parents |
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Term
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Definition
• Can be asked for by parents or school
• Parents allowed to have attorney
o Paid for by parents
o If prevail can seek attorney fees (be clear about risk)
• If not engaged in some abuses
• Impartial hearing officer (no financial interest)
o Provided by district
o May also include a state level hearing too
o DC, NY, PA, CA, NJ accounted for 85% of all hearings
• Cause: Identification, evaluation, placement, and FAPE
• If going to present data (school):
o Must provide other party (parents) with information 5 days in advance
• 45 days to rule |
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Term
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Definition
• If change in IEP is contested, child must stay in current setting unless
• Child brings weapons/drugs to school, or inflicts injury |
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Term
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Definition
• Excluded
• Punitive damages: new trend that this may be permissible (used to be clear that it did not happen) |
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Term
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Definition
• Following unilateral parent placement
• School has to make no progress
o And other placement has to make progress
• But be in the bounds of education |
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Term
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Definition
• Schools have broad authority to impose discipline
• Students have a right to due process when discipline deprives them of liberty or property rights |
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Term
| SpecEd special rights are active around two issues |
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Definition
• When discipline results in change in placement
• When discipline is an unreasonable “punishment” for disability |
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Term
| General standard for due process for suspension: |
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Definition
• Gross v Lopez
o Suspension of 10 consecutive days or less, chance to hear charges and respond
• Can be a simple meeting with principal
o Suspension of 11 consecutive days +, more formal process, writing and meeting, notice of charges, evidence, record of hearing, right of appeal
• If suspended for 11+ days, must provide educational services |
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Term
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Definition
• Does the disability cause the misconduct
• Was there a failure to implement the IEP that caused the misconduct |
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Term
| Unilateral Interim Alternative Educational Placement |
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Definition
• 45 days
• Weapon, drugs, cause injury |
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Term
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Definition
| • IEP always trumps district policy |
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Term
| Behavior Intervention Plan (BIP) |
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Definition
• Must be proactive and multidimensional
• Positive behavior oriented |
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Term
| Functional Behavioral Assessment (FBA) |
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Definition
• Required when student has 10 days of suspension
• Fine to conduct one while in school |
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Term
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Definition
• In general SpecEd kids have no general protection against corporal punishment
• If there is a treatment component in IEP for corporal punishment, could use
o Legal, but HIGHLY unlikely and unheard of
• Civil rights issue if used- beating a kid because they are disabled |
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Term
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Definition
• Must not be considered normal educational and parenting practice
• Schools can restrain SpecEd students
o Needs to be addressed in IEP if foreseeable (for employee rights too) |
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Term
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Definition
| • If in school and getting IEP services, does not count towards suspension days |
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