Category Archives: Federal

Information stemming from the Federal Government

State Educational Agency General Supervisory Authority

PDF and DOCX June 9, 2010 Mr. Eric Brousaides, Esc. Carney, Kelehan, Bresler, Bennett and Scherr, LLP Attorneys at Law 10715 Charter Drive, Suite 200 Columbia, MD 21044 Dear Mr. Brousaides: This is in response to your March 29, 2010 letter to Patricia Guard, former Acting Director of the Office of Special Education Programs at the U.S. … Read the rest

National Center for Learning Disabilities – IDEA Parent Guide

Introduction (Link to full document) NCLD has created this Parent Guide to the Individuals with Disabilities Education Act (IDEA) so you can become an informed and effective partner with school personnel in supporting your child’s special learning and behavioral needs. We hope you will use
this IDEA Parent Guide to understand:
  • How the federal law generally works in most states
  • What the law requires to determine whether your child has a learning disability
  • What is new to IDEA since Congress last updated the law in 2004
  • What questions you should ask and what information you should prepare in order to be a full and active advocate for your child
  • What resources are available to you.
 … Read the rest

Questions and Answers about Education Records

See the DoE PDF file here. Questions and Answers about Education Records
A. What are education records and what are their uses?
1. What are education records?
2. What can I use education records for?
3. Where are education records located?
4. What should I do if I am a migrant student and my education records are located in multiple different schools? … Read the rest

Fry v Napoleon Community Schools

US Supreme Court Renders Its Decision on Fry v. Napoleon Community Schools

Napoleon vs Community Schools pdf In an 8-0 decision, the Court vacated the decision of the U.S. Court of Appeals for the Sixth Circuit and remanded the case for proper analysis of whether the gravamen of the student’s complaint lies on something other than the denial of FAPE. … Read the rest

ESSA – Accountability, plans and reporting

EVERY STUDENT SUCCEEDS ACT
Accountability, State Plans, and Data Reporting: Summary of Final Regulations

Today the U.S. Department of Education (Department) issued final regulations to implement provisions of the Every Student Succeeds Act (ESSA) regarding school accountability, data reporting, and state plans. The regulations incorporate the valuable feedback that the Department received through the public comment process, while maintaining the focus on providing states with new flexibility to ensure that every child gets a high-quality and well-rounded education, and enhancing equity and preserving critical civil rights protections for all students. … Read the rest

Part B – Individualized Education Program Model Form

The Individualized Education Program (IEP) is a written document that is developed for each eligible child with a disability. The Part B regulations specify, at 34 CFR §§300.320-300.328, the procedures that school districts must follow to develop, review, and revise the IEP for each child. The document below sets out the IEP content that those regulations require. … Read the rest

Part B – Procedural Safeguards Notice

The Individuals with Disabilities Education Act (IDEA), the Federal law concerning the education of students with disabilities, requires schools to provide parents of a child with a disability with a notice containing a full explanation of the procedural safeguards available under the IDEA and U.S. Department of Education regulations. A copy of this notice must be given to parents only one time a school year, except that a copy must be given to the parents: (1) upon initial referral or parent request for evaluation; (2) upon receipt of the first State complaint under 34 CFR §§300.151 through 300.153 and upon receipt of the first due process complaint under §300.507 in a school year; (3) when a decision is made to take a disciplinary action that constitutes a change of placement; and (4) upon parent request. … Read the rest

Part B – Prior Written Notice

Under 34 CFR §300.503(a), the school district must give you a written notice (information received in writing), whenever the school district: (1) Proposes to begin or change the identification, evaluation, or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child; or (2) Refuses to begin or change the identification, evaluation, or educational placement of your child or the provision of FAPE to your child. … Read the rest

OSEP Memos, Dear Colleague Letters and Policy Letters

(page copied from https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/index.html on 2/24/17) OSEP Policy Letters (Including OSEP Memos, Dear Colleague Letters, and FAQs)
OSEP Policy Letters provide information, guidance and clarification regarding implementation of the Individuals with Disabilities Education Act (IDEA) through two types of issuances: OSEP Memos and Dear Colleague Letters. These documents can be accessed in three ways:
  1. OSEP Memos and Dear Colleague Letters.
 … Read the rest