Special Education

It’s Not Jumping through Hoops

When reduced to basics, the IEP is a communication tool used so that everyone understands what is expected will happen. School personnel often fall into noncompliance because they view the regulatory requirements as administrative hoops to jump through rather than important steps to follow to ensure clear communication and a shared understanding. When school personnel view the regulations as an impediment or a bureaucratic imperative only, the result is often a frayed relationship with parents and noncompliance can result.

Special Education can be confusing. Here are several links to topics you might find useful as you journey to learn more about how special education works.

Click on the links below to access useful information and guidance regarding the regulations that implement the Individuals with Disabilities Education Act (IDEA), corresponding Arizona State Board of Education rules, guidance from the US Department of Education/Office of Special Education Programs (OSEP), and case law involving special education.

504 Accommodation Plans

Is climate-controlled transportation required for children eligible to receive special education?

The regulations that implement the IDEA are silent in regard to climate-controlled transportation. As a general rule, IEP teams determine whether transportation for a child with a disability is a related service that the student needs in order to access special education services, and in this context an IEP team can determine that a student needs climate-controlled transportation, which would need to be provided to the student at no cost to the parents.

What exactly are transition services?

The federal regulations define transition services as a “coordinated set of activities for a child with a disability that . . . is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation.” [34 C.F.R.

What is the timeline for an evaluation in Arizona?

The federal regulations are clear that an evaluation must be completed within 60 days of the date the school received informed written consent from the parent or within the timeframe established by the State. [34 C.F.R. § 300.301(c)(1)] Arizona State Board of Education rules clarify that if the evaluation or reevaluation is initiated by the school, it must be conducted within 60 days from the date the school received informed written parental consent. [A.A.C.

Has the definition of “specially designed instruction” changed?

The IDEA regulations define special education as “specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability.” [34 C.F.R. § 300.39(a)(1)] The regulation continues: “[s]pecially designed instruction means adapting, as appropriate to the needs of the eligible child … the content, methodology, or delivery of instruction.” [Id.

What is the definition of an “education record”?

“Education record” is a term defined under the Family Educational Rights and Privacy Act (FERPA) and incorporated into the IDEA by reference. FERPA defines education records as records that are directly related to a student and that are maintained by an educational agency. [20 U.S.C. § 1232g(d); 34 C.F.R.