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ESS Reception Desk
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Public Comment

FAQs: Independent Educational Evaluation

What is an independent educational evaluation (IEE) and when is a parent entitled to one?

Basically an IEE is a second opinion. The Individuals with Disabilities Education Act (IDEA) and its implementing regulations afford parents of children with disabilities the right to obtain, at public expense, an IEE, which is “an evaluation conducted by a qualified evaluator who is not employed by the public education agency responsible for the education of the child in question.” [34 C.F.R.

FAQs: Functional Behavioral Assessment and Behavioral Intervention Plans

What is a functional behavioral assessment (FBA), when is one required, and who conducts it?

There is nothing in the IDEA regulations that specifically spells out how a FBA is to be conducted; the determination of what constitutes a valid or a current FBA is defined by the IEP team. [34 C.F.R. Part 300, Analysis of Comments and Changes, Subpart E-Procedural Safeguards, Federal Register, Vol. 71, No. 156, p.

FAQs: Extended School Year

What are Extended School Year (ESY) services?

Extended school year services are special education and related services that are provided to a child with a disability beyond the normal school year, are in accordance with a child’s IEP, are provided at no cost to the parents, and are in alignment with the standards set by the state education agency (SEA). [34 C.F.R. § 300.106(b)] The regulations that implement the IDEA require IEP teams to determine, on an individual basis, whether ESY services are necessary to provide a FAPE to the child. [34 C.F.R.

FAQs: Evaluation & Reevaluation

What is the difference between an evaluation and a reevaluation?

Evaluation is defined as procedures that are used to determine whether a student has a disability and, if so, the nature and extent of his/her need for special education and related services. [34 C.F.R. § 300.15] The term reevaluation generally means a comprehensive evaluation that is analogous to initial evaluation under 34 C.F.R. § 300.532.

FAQs: Eligibility

Who determines eligibility for special education instruction and services?

No single individual determines eligibility – not a medical doctor, a school psychologist, a teacher, a related service provider, a school administrator, or a parent. As part of an initial evaluation or reevaluation, the student’s IEP team, including the parents and other qualified professionals, reviews existing data on a child and identifies what additional data are necessary to determine whether the child is a child with a disability and the educational needs of the child. [34 C.F.R.

FAQs: Dispute Resolution

Who can file a state administrative complaint?

The federal regulations that implement the IDEA require each State to have in place a system for resolving any special education-related complaints, including those filed by organizations or individuals from other states. [34 C.F.R.

FAQs: Discipline

Does the IEP team have the authority to decide whether to discipline a student eligible for special education, and if so, the amount and severity of the discipline?

Arizona Revised Statutes (A.R.S.) acknowledge the authority of teachers and schools to maintain order and to discipline students, and to hold pupils to strict account for disorderly conduct on school property. [A.R.S.

FAQs: Consent

When providing consent for an evaluation or reevaluation, can parents attach conditions to their consent, such as the specific assessment tools to be used, the evaluator, or other conditions?

The regulations that implement the IDEA require schools to obtain informed consent from the parent of the child before conducting an initial evaluation [34 C.F.R. § 300.300(a)(1)(i)] or reevaluation of a child with a disability. [34 C.F.R.

FAQs: Consensus

What happens at an IEP meeting if the parties cannot reach consensus?

“The IEP Team meeting serves as a communication vehicle between parents and school personnel and enables them, as equal participants, to make joint informed decisions regarding the services that are necessary to meet the unique needs of the child. The IEP team should work towards a general agreement, but the public agency is ultimately responsible for ensuring that the IEP includes the services that the child needs in order to receive a free appropriate public education (FAPE).

FAQs: Child Find

Can a student who has good grades and who is advancing from grade to grade still be eligible to receive special education instruction and services?

Yes. The Individuals with Disabilities Education Act (IDEA) and its implementing regulations require that all children with disabilities who are in need of special education and related services, regardless of the severity of their disability, are identified, located, and evaluated. [20 U.S.C. § 1412(a)(3); 34 C.F.R.

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