Term
| In what meetings does a parent have a right to participate? |
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Definition
| identification, evaluation, classification, IEP, placement, reevaluation |
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Term
| At what age can a child attend an IEP meeting? |
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Definition
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Term
| Can a school district hold a meeting if a parent is unable to attend? |
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Definition
| Yes, but documents of multiple attempts to schedule must be made. |
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Term
| When must written notice be given to parents? |
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Definition
| identification, evaluation, classification, IEP, placement, reevaluation, when school district asks for consent, approves or denies a request. |
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Term
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Definition
| An evaluation is the process used to determine whether your child has a disability. This process includes a review of any relevant data, and the individual administration of any tests, assessments and observations of your child. For an initial evaluation, at least two child study team members5 and other specialists,6 as required or as determined neces- sary, must participate. A minimum of two assessments of your child are needed to deter- mine eligibility for special education and related services. |
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Term
| Can other reports made by people outside of the child study team be used as one of the two required assessments of the initial eval? |
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Definition
| Yes. Reports and assessments prepared by child study teams or persons who provide related services (such as physical therapy or speech-language services) may be used as assessments for an initial evaluation. The assessments and reports must be from persons who work for other public school districts (or educational services or jointure commissions), clinics or agencies approved by the Department of Education, or pro- fessionals in private practice. |
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Term
| What is an independent evaluation? |
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Definition
| An independent evaluation is an evaluation by a qualified person who is not employed by your school district. If you do not agree with the evaluation or reeval- uation done by your school district, you are entitled to ask for ONE independent eval- uation. |
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Term
| When can the school district deny an independent evaluation without a due process hearing? |
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Definition
| When the evaluator does not hold appropriate NJ licenses or if it is beyond the one independent eval allowed at the initial eval and reevaluation. |
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Term
| In order to be eligible for services: |
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Definition
| A student must have a disability according to one of the eligibility categories; The disability must adversely affect the student’s educational performance; and The student must be in need of special education and related services. |
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Term
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Definition
| The IEP is a written plan that describes in detail your child’s special education program. The IEP should describe how your child currently performs and your child’s specific instructional needs. The IEP must include detailed and measurable annual goals and short-term objectives or benchmarks. |
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Term
| Who must attend the IEP meeting? |
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Definition
| Student, if appropriate7; Parent; Not less than one general education teacher (to the extent appropriate), if the student is or will be participating in regular education; Not less than one special education teacher (or special education provider where appropriate); At least one child study team member; Case manager; School district representative; Others at the discretion of the parent or school district; and If transition will be discussed at the IEP meeting, a representative of any other agency likely to provide or pay for services; and At request of the parent, the Part C Service Coordinator for a student transi- tioning from the Early Intervention Program to the Part B Special Education pro- gram offered by the school district. |
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Term
| how long after the parent signs the consent for the initial evaluation must the IEP meeting take place? |
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Definition
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Term
| How often does child need to be reevaluated? |
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Definition
| Your child must be reevaluated within three years of his or her last evaluation unless you provide consent to waive the three-year reevaluation. |
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Term
| What happens when child turns 18? |
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Definition
| When your child reaches age 18, all rights under special education law will transfer to your child unless a court has appointed a legal guardian for your child. Both you and your adult student will receive all the required notices contained within these parental rights. At least three years before your child turns age 18, the school district must inform both you and your child of the transfer of these rights. |
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Term
| When is a surrogate parent needed? |
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Definition
| When the student’s parent cannot be identified or the parent cannot be located after reasonable efforts, when an agency of the state has guardianship of the student, when the student is a ward of the state, or when the student is an unaccompanied homeless youth as defined in federal law, a surrogate parent must be appointed for the student. |
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Term
| What happens if parent wants to place child in a private setting? |
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Definition
| Parent is responsible for the costs, unless it can be proven at a due process hearing that the district failed to provide child with a free, appropriate public education and the school parent chooses is appropriate to meet child’s educational needs. |
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Term
| Can a parent request due process or mediation if the child study team decides if an evaluation is not warranted? |
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Definition
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Term
| Can a parent request due process or mediation if they disagree with the implementation of services? |
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Definition
| no, they may file a complaint. |
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Term
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Definition
Mediation is a way to discuss and resolve disagreements between you and the school district with the help of a trained, impartial third person known as a mediator
within 15 days of a written request.
can be provided to the parent or the school district at no cost. |
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Term
| What is a due process hearing? |
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Definition
| A due process hearing is a legal process in which the resolution of a disagreement between you and the school district is decided by an administrative law judge (ALJ) from the Office of Administrative Law (OAL). |
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Term
| Must my school district discipline my child if he or she violates a code of student conduct? |
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Definition
| No. Your school district may consider your child’s unique circumstances when deter- mining whether a change in placement is appropriate as a disciplinary action for vio- lating a code of student conduct. |
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Term
| Can the school district remove a child for disciplinary reasons? |
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Definition
| Yes. School authorities can suspend (remove) your child from his or her current placement for not more than 10 school days at a time for any violation of school rules if nondisabled children would be subjected to removal for the same offense. However, preschool students with disabilities cannot be suspended, long-term or short-term, and cannot be expelled. |
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Term
| Will my child receive any services if he or she is removed for a period of less than 10 school days? |
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Definition
| Yes. Regulations covering general education require that all students be provided edu- cational services no later than the fifth consecutive day of removal for disciplinary rea- sons. |
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Term
| Can the school district remove my child repeatedly for separate incidents of misconduct? |
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Definition
Yes. School officials can remove your child from his or her current placement for up to 10 school days at a time, whenever discipline is appropriate, and such removal is consistent
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DISCIPLINARY PROCEDURES
with the treatment of nondisabled children. In addition, school officials also may implement additional suspensions of up to 10 school days at a time in the school year for separate inci- dents of misconduct if educational services are provided for the remainder of the removals, to the extent required. School officials do not have to involve you in the decision to remove your child or in the decision about the services to be provided. However, school officials cannot repeatedly remove your child for short–term suspensions (up to 10 school days at a time) if these suspensions constitute a pattern that is a change of placement. |
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Term
| If the school suspends child for over ten days..... |
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Definition
| an IEP meeting must be held to creadte an FBA and to review the behavioral intervention plan. |
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Term
| What happens if disciplinary issues pertain to weapons, drugs or serious bodily harm? |
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Definition
| The school district may place your child in an interim alternative educational setting (IAES) for up to 45 calendar days, |
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Term
| Free Appropriate Public Education (FAPE) |
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Definition
| Special education and related ser- vices that are provided at public expense, under public supervision and direc- tion, and without charge; meet state and federal requirements; include preschool, elementary school, or secondary school education; and are pro- vided according to an IEP. |
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Term
| Functional Behavioral Assessment |
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Definition
| The process of coming to an understanding of why a student engages in challenging behavior and how student behavior relates to the environment. The purpose of the functional behavioral assessment is to gather information to better understand the specific reasons for the student’s problem behavior. |
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Term
| Least Restrictive Environment (LRE) |
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Definition
| To the maximum extent appropriate, chil- dren with disabilities are educated with children who are not disabled and that special classes, separate schooling, or other removal of children with disabili- ties from the regular educational environment occurs only when the nature and severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. |
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Term
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Definition
| The requirement that no change can be made to the education of a stu- dent who is or may be determined eligible for special education during medi- ation or due process. The student must stay in his or her current program or placement, unless you and the school district agree to a change or an ALJ orders a change.11 |
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Term
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Definition
Emergent relief is an immediate (interim) decision on an issue that is related to a due process hearing. The interim decision is made pending the final decision in the case. The issue that is subject to the emergent relief is heard quickly and without the oppor- tunity for mediation or a resolution meeting.
A request for emergent relief may be made in response to a break in services, disciplainary action, placement during due process hearing, participation in graduation ceremonies.... |
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Term
| What is an expedited due process hearing? |
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Definition
| An expedited due process hearing is a hearing before an ALJ on disciplinary matters. For example, if you disagree with the determination of the IEP team that your child’s behavior was not a manifestation of his disability, you may request an expedited hear- ing. If the school district believes it is dangerous for your child to remain in his or her current placement and you and the district cannot agree to an appropriate placement, the district must request an expedited hearing to remove your child. |
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