, J.D., Special Ed Law & Advocacy Strategies

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REED MARTIN, J.D.

SPECIAL EDUCATION LAW & ADVOCACY STRATEGIES

Your Special Education Resource Center

http://www.reedmartin.com

February 19, 2004

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Join us EVERY Thursday Night in the Special Education Chat Room 9:00 - 10:30 PM, EST

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OSEP State Monitoring Reports

www.reedmartin.com/statemonitoringreports.htm

Software

Kids & Parenting Software

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Regular 35.95

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Assistive Technology Service Under the IDEA

§300.6 Assistive technology service.

As used in this part, Assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device.

The term includes-

(a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;

( Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;

© Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

(d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(e) Training or technical assistance for a child with a disability or, if appropriate, that child's family; and

(f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child.

(Authority: 20 U.S.C. 1401(2))

Advocacy Tip of the Year

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http://www.reedmartin.com/getitinwriting.htm

CONTACT

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2003 IDEA Part B Grant Award Letter by State

....Part of your Eligibility Document Submission for FFY 2003, your State has made an assurance, under 34 CFR §80.11©, that it will comply with all applicable Federal statutes and regulations in effect with respect to the periods for which it receives grant funding.

http://www.reedmartin.com/grantawardletters.htm

Includes Letter of Special Conditions

AWARDS, ACCOUNTS & REPORTINGOSEP State Monitoring Reports - Part B Grant Award Letters and Funding Table, Fiscal Year 2003

Taken from US Dept of Education Website

IN THE NEWS

States rebelling against federal education rules

SALT LAKE CITY, Utah (AP) -- With Utah in the vanguard, about a dozen states are rebelling against President Bush's centerpiece education law, the No Child Left Behind Act, complaining it imposes costly new obligations without providing the money to carry them out.

http://www.cnn.com/2004/EDUCATION/02/17/no.child.left.behind.ap/index.html

Utah Lawmakers Scrap Education Mandates

http://story.news.yahoo.com/news?tmpl=story & u=/ap/20040211/ap_on_re_us/no_child_left_behind_1

Arizona may defy schools mandate http://story.news.yahoo.com/news?tmpl=story & u=/azstar/20040213/lo_azstar/arizonamaydefyschoolsmandate

School dollars to shift among states CNN.com

http://www.cnn.com/2004/EDUCATION/02/11/school.money.ap/index.html

States fight No Child Left Behind, calling it intrusive http://story.news.yahoo.com/news?tmpl=story & u=/usatoday/20040212/ts_usatoday/statesfightnochildleftbehindcallingitintrusive

Law forces aides to prove skills Passing an exam is often the only way to keep job

http://story.news.yahoo.com/news?tmpl=story & u=/azstar/20040204/lo_azstar/lawforcesaidestoproveskillspassinganexamisoftentheonlywaytokeepjob

Educational Assistants Want $12,000 A Year http://story.news.yahoo.com/news?tmpl=story & u=/ibsys/20040211/lo_koat/2002472

No Politics Left Behind in Education Debate http://story.news.yahoo.com/news?tmpl=story & u=/latimes_ts/20040125/ts_latimes/nopoliticsleftbehindineducationdebate

Bush Talks About Leaving No Child Behind

http://story.news.yahoo.com/news?tmpl=story & u=/ibsys/20040213/lo_wgal/2004966

Kerry on NCLB:He voted for Mr Bush's education bill - dubbed the No Child Left Behind Act - but now regularly attacks it on the campaign trail, vowing to repeal it.He voted for Mr Bush's education bill - dubbed the No Child Left Behind Act - but now regularly attacks it on the campaign trail, vowing to repeal it.

President Bush:

"I don't know how you know whether or not you're achieving excellence if you're not willing to measure," Bush said. "You know, I hear people say around the country, 'I don't like tests.' Well, I didn't like them either, you know? But that's just the way it is."

School districts downplay feds' adverse rating

http://story.news.yahoo.com/news?tmpl=story & u=/azstar/20040131/lo_azstar/schooldistrictsdownplayfedsadverserating

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Letters of Clarification & Memo's from US Dept of Education

Does School board hves unilateral discretion under the IDEA to choose the educational placement to the exclusion of any input from parents.

http://www.reedmartin.com/usdoeletterplacementandschooldistricts.htm

Harassment based on disability http://www.reedmartin.com/usdoeletteronharassment.htm

Obligations of States and School Districts to Disabled Students and Their Parents in Interstate Transfer Situations http://www.reedmartin.com/letterofclarificationtransfer.htm

Evaluation, transition and other requirements for children with disabilities in secondary schools. http://www.reedmartin.com/letterofclarificationtransfer.htm

Parent consent for the provision of special education and related services for their children with disabilities under IDEA http://www.reedmartin.com/letterofclarificationparentconsent.htm

Ability-achievement discrepancy based procedures for determining the eligibility of LD [specific learning disabilities] http://www.reedmartin.com/letterofclarificationiqdiscrepancy.htm

Allowable rates for independent educational evaluations (IEE) http://www.reedmartin.com/letterofclarificationieerates.htm

Scheduling and conducting due process hearings.

http://www.reedmartin.com/letterofclarificationdueprocessscheduling.htm

Parents refuse to consent to the initial provision of special education and related services as “general education” students for purposes of disciplinary actions. http://www.reedmartin.com/letterofclarificationconsentrefusal.htm

Assistive technology http://www.reedmartin.com/letterofclarificationassistivetechnology.htm

If parental permission is required prior to accessing Medicaid if all of the provisions of Part B of the Individuals with Disabilities Education Act (IDEA) http://www.reedmartin.com/letterofclarificationaccesstoinsurance.htm

IDEA 97 related to students with disabilities and State and district-wide assessments http://www.reedmartin.com/guidanceonideaandassessments.htm

If parental permission is required prior to accessing Medicaid if all of the provisions of Part B of the Individuals with Disabilities Education Act (IDEA) http://www.reedmartin.com/letterofclarificationaccesstoinsurance.htm

Is it necessary to complete a change of placement form every time we have an IEP meeting—even when there is no change in the student’s placement?

What is the appropriate process for providing prior written notice for change of placement for students with disabilities who are graduating from high school?

What format is required for reporting progress on IEP goals to parents? Is it permissible to use a check-off item or section on the student’s regular report card that addresses whether or not the student is making progress on his/her IEP goals?

How will the “highly qualified” provision of ESEA apply to special education teachers, particularly those who teach core subject areas at the middle school and high school levels?

What can be done to minimize the paperwork done by paraeducators?

Why hasn’t the Administration supported full funding of IDEA?

Check our site for how much each State returned for unused Funds!

What should local districts do to address the needs of English Language Learners who have disabilities?

http://www.reedmartin.com/letterofclarificationtonea.htm

More Letters of Clarification

http://www.reedmartin.com/lettersofclarification.htm

Monitoring School Quality: An Indicators Report

NATIONAL CENTER FOR EDUCATION STATISTICS Statistical Analysis Report December 2000 U. S. Department of Education Office of Educational Research and Improvement NCES 2001–030 ... (Nov 29, 2000) http://nces.ed.gov/pubs2001/2001030.pdf

Strategies for Making Adequate Yearly Progress, Using Curriculum Based-Measurement for Progress Monitoring

Student Achievement and School Accountability Conference October 2002

http://www.ed.gov/admins/lead/account/aypstr/edlite-index.html

Improving Education with Parental Options and School Choice Remarks by the President in a Conversation on Parental Options and School Choice Archbishop Carroll High School Washington, District of Columbia

www.whitehouse.gov/news/releases/2004/02/20040213-6.html

© 2004. All Rights Reserved.

The information in this email and website is educational and not intended to be legal advice

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