Presented by:Date: H OT T OPICS IN C OMPLIANCE : Complex Issues, Simple Solutions Michelle H. BasiSeptember 16, 2015

 Regulations  Procedures  Paperwork Cross your t’s and dot your i’s…. Compliance 2

To ensure that all children with disabilities have available to them a free appropriate public education… To ensure that the rights of children with disabilities parents of such children are protected IDEA Purpose 3

Substantive v. Procedural Violations – “In matters alleging a procedural violation, a hearing officer may find that a child did not receive a FAPE only if the procedural inadequacies: o Impeded the child’s right to a FAPE; o Significantly impeded the parents’ opportunity to participate in the decision-making process regarding the provision of FAPE to the child; or o Caused a deprivation of educational benefits.” 34 C.F.R. § (b) IDEA Purpose 4

Affirmative, ongoing obligation of states and local districts to identify, locate and evaluate all children with disabilities who reside in district that have disabilities and need special education State Plan & local policy Compliance: Child Find 5

Hot Topic: Behaviors!  Violence  Self-harm / mental health  Jail (Dear Colleague Letter) Hot Topic: ELL Compliance: Child Find 6

Hot Topic: General Education Teacher  Written agreement  Written consent and input provided Hot Topic: Private Agency Representative  Predetermination? Compliance: IEP Participants 7

 Hot Topic: What?  Description of action proposed or refused by District  Explanation of why the District proposes or refuses to take action  Description of each evaluation procedure, record, or report the District used as a basis for the proposed or refused action  Description of other options that the IEP team considered and reasons why those options were rejected  Description of other factors relevant to the District’s proposal or refusal Compliance: Notices of Action 8

 Hot Topic: When?  When a District acts to initiate or change the identification, evaluation or educational placement of a child or the provision of FAPE to the child  What does this mean? Compliance: Notices of Action 9

 Hot Topic: Why?  Sufficient detail to allow parents to participate in educational decisions in an informed way  Sets forth District’s rationale – done well, it is a great tool! Compliance: Notices of Action 10

 Hot Topic: IEP Participants  Hot Topic: Individualized?  Hot Topic: Responsible Party Compliance: Transition 11

Hot Topic: What?  Statement of present levels of academic achievement and functional performance, including how the child’s disability affects the child’s involvement and progress in general education curriculum  Baseline  Update! When done well, can be a good tool! Compliance: Present Levels 12

Remember IDEA fundamentals – Process – Individualized determinations – Documentation Be aware and be proactive Seek guidance early when aware of potential dispute Simple Solutions 13

14 Celynda L. Brasher Tueth Keeney Cooper Mohan & Jackstadt, P.C