Education

IDEA / Related Legislation

FAQs About The Individuals With Disabilities Education Act Of 1997

By Susan Goodman, Esq.

Question: My child needs a more sophisticated communication device than the one he currently uses. Is the school district responsible for providing my child with a more appropriate device?

Answer: If the device is needed for a student to benefit from his/her educational program as determined by the team developing the student's individual education plan (IEP), it must be provided at no cost to the parent. In addition, the new law says that assistive technology devices and services must be considered when developing an IEP. Since evaluation is considered an assistive technology service, the school district is obligated to consider whether a student needs an AT evaluation or reevaluation.

Question: Is reevaluation of a student still required every three years?

Answer: Yes, reevaluation is required at least once every three years and more often if the parent or teacher requests it. However, under the new law an IEP team or other "qualified professionals" can decide that no additional data is needed to confirm eligibility and therefore, not conduct a reevaluation. The school district must notify the parents of this determination and the parent has the right to request an evaluation. If the school district refuses to conduct the evaluation, the parents may get an independent evaluation at the school district's expense.

Question: My child has been diagnosed with a learning disability. In addition, he has some behavior problems which keep him from learning as well as I think he can. The teacher wants to move my son to another classroom, but I think that if his behavior problems were dealt with properly, this wouldn't be necessary. What can I do?

Answer: You should request that your son be evaluated for any possible social or behavior problems. After such an evaluation is completed, the IEP team should reconvene. According to the new law, IEP teams must consider when behavior impedes learning and others strategies, interventions and supports to address that behavior.

Question: I want to put my child in a private school because the school district refuses to provide the services that his Doctor thinks that he needs. Can I get the school district to pay the private school tuition?

Answer: If your school is refusing to provide a free appropriate public education (FAPE) in a reasonable period, a hearing officer or court may order reimbursement for tuition at a private school. However, there are steps that you should take to increase your chances of tuition reimbursement:

At your child's IEP meeting, request that the appropriate services be provided. Have documentation ready to support your claim for specific services. If the school refuses to provide the appropriate services, explain to the IEP team that you are rejecting the placement and inform them of your intent to place your child in a private school.

If holding an IEP meeting is not practicable, give written notice to the school of your concerns and your intent to make a private school placement. If the school district notifies you of intent to evaluate your child in writing (with a reasonable statement of purpose for the evaluation), you must make your child available for that evaluation.

Notice does not have to be given if the following circumstances are present: 1) a parent is illiterate and cannot write in English; 2) compliance with the notice requirement would likely result in physical or serious emotional harm to the child; 3) the school prevented the parent(s) from giving the notice; and, 4) parents did not receive notice from the LEA of their obligation to provide notice of intent to make a unilateral private school placement.

Question: How much parent involvement is required?

Answer: The law envisions active parental involvement in all phases of the student's educational program including evaluation, planning and placement. Parents should be vigilant in monitoring implementation of their child¡s program and the progress s/he is making.

Question: I have heard that a student can be removed from the classroom if s/he is considered a danger to self or others for a period of three months! Is this correct and what does it mean?

Answer: A student can be removed to an "interim alternative educational" setting by a hearing officer for 45 school days (11 weeks) if the hearing officer determines that the school has proved by substantial evidence that "maintaining the current placement of the child is substantially likely to result in injury to the child or others." In making this determination, the hearing officer must:

In addition, the interim alternative placement should include services and modifications designed to address the behavior...so that it does not recur.

Question: What happens if a child is suspended for 10 days?

Answer: Under the current law, a suspension of 10 days is not considered a change in placement. The law states that a student may be suspended or removed to an interim alternative educational or other setting to the same extent that such an alternative would be applied to a child without a disability.

Question: What does "substantial evidence" mean?

Answer: The term substantial evidence means more than a preponderance of evidence. This can be interpreted to mean that it is more likely than not that the maintenance of the placement will result in injury to "self or others."

The opinions expressed herein do not necessarily reflect the position or the policy of the U.S. Department of Education, and no official endorsement by the U.S. Department of Education of the opinions expressed herein should be inferred.

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