The Statute of Limitations in special education matters is two years from when the parents "knew or should have known" about the violation(s), and the remedy is not limited to the two year period preceding the filing, rather the entire period of the violation may be remedied so long as a...Read more »
Absolutely, yes! Be sure to make the request in writing as the timeline within which they must meet with you to discuss the nature and scope of the evaluation starts to run the day they receive your written request. I like to hand deliver these types of letters, and have someone at school sign...Read more »
Must there be a team meeting on the student and change or will a signed paper from the parent suffice? Which is more powerful, the principal or IEP? Can a teacher be written up for following the IEP over the directive from the administrator?
The Individuals with Disabilities Education Act (IDEA) does allow for amendment of an Individualized Education Plan (IEP) without calling a meeting of the IEP team. IEP amendments require that the parent and the district agree on the change. Services cannot be guaranteed by a verbal agreement...Read more »
Pursuant to N.J.A.C. 6A:14-3.7(d) the IEP may be amended without a meeting of the IEP team as follows: (1) The IEP may be amended if the parent makes a written request to the district board of education for a specific amendment to a provision or provisions of the IEP and the district agrees; (2)...Read more »
As a parent, guardian or advocate, you have a legal right to request that your public school evaluate your child for special education. Federal law, the Individuals with Disabilities Education Act as amended in 2004 (IDEA), gives you that right. States are obligated “identify, locate, and...Read more »
There is not enough information provided to answer the question. What can be done will depend on the full set of facts, and it is unclear what any of the facts are. As to "what can be done if a school did not comply with IEP requirements," the answer depends on what requirements the...Read more »
Before we charged to a new schools this school year my 7 yr old son had a 504 plan in place already. Once we switched in November we went over plan with his new teacher. Since that day she has not followed the plan. She has suspended him and sent home multiple referrals for the behaviors listed in... Read more »
Issues concerning a Free Appropriate Public Education under the Individuals with Disabilities Education Act (IDEA) or section 504 of the Rehabilitation Act must first be exhausted administratively before you can "sue" in a court of law. It may be that your child requires an IEP under the...Read more »
I hate to answer a question with a question, but has she been evaluated for special education and related services? If not, you can refer her to the school's Child Study Team for an evaluation. Evaluations clarify needs and drive both services and placement. They can't really know what...Read more »
I was talking to this kid online, confronting him on things that he does. He starts saying that I’m harassing him. This was all online, off school campus, not during school hours, and it was all on my personal phone. Now I want to know if the school can actually punish me for that. I literally... Read more »
Possibly. A frequently used definition of cyberbullying is "an aggressive, intentional act or behavior that is carried out by a group or an individual, using electronic forms of contact, repeatedly and over time against a victim who cannot easily defend him or herself," but there are...Read more »
He got his 2nd warning yesterday for pushing a student. He is extremely impulsive and cannot control himself. I read the aftercare's policy handbook and it said students can be terminated if physical towards other kids, but at the end of the handbook it states that they abide by the American... Read more »
It is always difficult to answer questions without knowing a particular child's full profile, but children with disabilities are protected from disability discrimination under Section 504 of the Rehabilitation Act as well as the Americans with Disabilities Act. I recently handled a case where...Read more »
Information as in if the child should be recieving special education benefits like accumulated tests and such without the parent’s knowledge. I’m asking because my daughter was given an accumulated test as her exam. She then decided to email her teacher and the teacher replied in real life... Read more »
The Family Educational Rights and Privacy Act (FERPA) is a federal privacy law that gives parents certain protections with regard to their children's education records, such as report cards, transcripts, disciplinary records, contact and family information, and class schedules. As a parent,...Read more »
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