A Legal Update

Hello all, I had the privilege of attending the Special Education Symposium, hosted by the law firm Fagen, Friedman & Fulfrost, on March 20Th. The panel of speakers shared valuable information on several current topics of interest: autism, defensible IEP's, a comparative analysis between IDEA and Sect. 504, common mistakes with acronyms, and subject matter worth including/avoiding when writing IEP notes. Each session also had a question and answer portion, which helped to further clarify issues and concerns many of the attendees had. For the purpose of this posting, I have included a few of the highlights from this event.

There is no secret- autism is on the rise in our country. Because of how incredibly vast the autism spectrum is, no two students are alike in how their disability affects them. We as educators are often faced with tough decisions when determining how to best meet our student's needs. Our challenges are only augmented by the often passionate IEP meetings involving these very students. One aspect of the educational code worth storing away for future reference is: Title 5, Section 30. This portion of the code is linked to several important items, including the educational benefit legally mandated to be given to students with autism.

Defensible IEP's are above all else well-documented!

Section 504, in my opinion, is a large uncharted frontier. There has been a recent shift in determining when students are eligible for Section 504. Two questions which need to be asked when considering if a student will meet the criteria are: does the student have a physical or mental impairment; and does the impairment substantially limit a major life activity? This can be confusing to say the least. To complicate things further, if a student qualifies for a 504 plan they will need to be given FAPE (just like the students with IEP's). A couple of do's and don'ts: Never use IEP document pages for a student with a Section 504. Also, do not end an initial IEP meeting where a student does not qualify for Special Education with a directive to promptly begin a Section 504 meeting. While the question can be raised, a separate timeline should be established. The other thing to keep in mind is students with 504 plans do not receive federal funding directly. Services are provided at the expense of the school. There's plenty more on this topic covered by PUBLIC LAW 110-325-Sept. 25, 2008.

IEP notes pages can sometimes read like a novel. People are often unsure of what to include, and what not to include. One issue worth targeting: the unwilling participant. Many of us have had IEP's where a parent has left without leaving a signature behind (even on the attendance record). It is vital to document the efforts made by the team to get that signature on the attendance sheet. Also, the efforts made by the team to get the parent/participant to remain at the meeting should be documented. The legal overview: IEP notes are mandated when they add required content too complicated for the form. Notes are helpful where they document compliance with mandatory procedures.

Finally, it does seem our profession is dominated by acronyms! Many of the parents our students often have little understanding of those found within their child's IEP meeting. Admittedly, I have to double-check some of them from time to time. One acronym worth knowing is OAH, or the Office of Administrative Hearings. As some of you may've guessed, this is the place where all of the really nasty due process cases end up for settlement.

Hope this information helps!