Considering LRE in Placement Decisions

------------------------------------ Alert! Alert! Because NICHCY's website will only remain online until September 30, 2014, most of its rich content has moved to a new home, the Center for Parent Information and Resources (CPIR), where it can be kept up to date. The new address of Considering LRE in Placement Decisions at the CPIR is: ------------------------------------ About … [Read more...]

Discipline, in Detail

The first time that specific discipline procedures were included in the Individuals with Disabilities Education Act (IDEA) was in the amendments made to the law in 1997. Those discipline procedures addressed how public agencies could respond to behavioral infractions of children with disabilities. They were also rather complicated. You'll be pleased to hear that those procedures have been revised in the 2004 Amendments to IDEA and that disciplinary … [Read more...]

General Authority of School Personnel

September 2010At the beginning of the school year, students often receive guidelines of expected standards of behavior, dress, academic integrity, and attendance, as well as the consequences of violating those standards. IDEA addresses the extent to which schools may take disciplinary action when a child with disabilities violates a local code of student conduct. These codes vary from place to place, so it may be important for you to get a copy of … [Read more...]

IDEA’s Regulations on Discipline

Here, verbatim, are IDEA's discipline procedures. They are found in the final regulations for Part B of IDEA from §§300.530 through 300.536. Discipline Procedures § 300.530 Authority of school personnel. (a) Case-by-case determination. School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of this section, is appropriate for a child with … [Read more...]

IDEA’s Regulations on State Complaint

September 2012 IDEA's final Part B regulations addressing the state complaint process are found at §300.151 through 300.153. Word for word and in their entirety, the regulations read: _________________________ State Complaint Procedures §300.151 Adoption of State complaint procedures. (a) General. Each SEA must adopt written procedures for— (1) Resolving any complaint, including a complaint filed by an organization or individual … [Read more...]

Mediation, in Detail

September 2012You can tell just by the title of this article that you are now entering a detailed discussion of the mediation process under IDEA.What is mediation?Benefits of mediationStats on use of mediationWhen is mediation an option?When is mediation not available?SEA’s obligations for mediation processWhat happens at mediationConfidentiality of info shared during mediationEnforcing the mediation agreementTo read IDEA’s exact words, visit IDEA’s Regulations … [Read more...]

IDEA’s Regulations on Mediation

  IDEA's final Part B regulations addressing the mediation are found at §300.506. Word for word, and in their entirety, the regulations read: §300.506 Mediation. (a) General. Each public agency must ensure that procedures are established and implemented to allow parties to disputes involving any matter under this part, including matters arising prior to the filing of a due process complaint, to resolve disputes through a mediation process. (b) … [Read more...]

The Due Process Complaint

September 2012This info in Spanish | Esta información en españolA due process complaint is pretty much what it sounds like: a letter/complaint filed by an individual or organization on matters of conflict related to the identification, evaluation, or educational placement of a child, or the provision of a free appropriate public education (FAPE) to the child.IDEA requires school systems (called public agencies) to have procedures in place that … [Read more...]

Due Process Complaints, in Detail

September 2012Due process is a longstanding approach within IDEA to resolving disputes. This article will take you through through the key points and content of IDEA’s provisions regarding due process complaints.Changes in due process in IDEA 2004What is a due process complaint?Who may file a due process complaint?What information must the complaint contain?Deciding sufficiency of the complaintWhen may the due process complaint not be used?What … [Read more...]

IDEA’s Regulations on Due Process Complaints

September 2012 IDEA's final Part B regulations addressing the due process complaint are found at §§300.507 through 300.509. Word for word, and in their entirety, these regulations read: ______________________________________________ §300.507 Filing a due process complaint. (a) General. (1) A parent or a public agency may file a due process complaint on any of the matters described in §300.503(a)(1) and (2) (relating to the identification, … [Read more...]

NOTICE: The National Dissemination Center for Children with Disabilities (NICHCY) is no longer in operation. Our funding from the U.S. Department of Education’s Office of Special Education Programs (OSEP) ended on September 30, 2013. Our website and all its free resources will remain available until September 30, 2014.