Survived my first IEP meeting!

[Guest guest]

After 's post about checking into our state law regarding services from

our school system since our daughter is in private school, I did and that

didn't look too promising. I found an article on the US Dept. of Education

website

last night though and had a bit of hope going into our IEP today. The article

is at the end of this post if anyone would like to see it. Anyway, our IEP

meeting went very well! The city school system is going to provide a sound field

system in Grace's classroom and will send an audiologist to her school 3 times

a year to give training to Grace's teacher. We'll meet again in April to

review the situation. We were happy with the outcome of the meeting and found

the

school audiologist, speech therapist and coordinator of services to be very

helpful. At the end of the meeting I asked if they were legally obligated to

provide services to us since Grace was in private school and they said yes,

which

was a surprise. Just wanted to let you guys know that I appreciate all the

help and support that you have given as I prepared for the meeting. I didn't

need to pull out any of the articles/documents I had, but it felt good to know

they were there and I was confident in speaking with those present, comfortable

with the jargon so to speak, and felt like I could really participate at the

meeting.

Just wanted to add a 'happy ending' IEP story to the mix.

Thanks again.

Suzanne

Grace, 6 - mild bilateral SNHL

IDEA–Reauthorized Statute

CHILDREN ENROLLED BY THEIR PARENTS

IN PRIVATE SCHOOLS

The reauthorized Individuals with Disabilities Education Act (IDEA) was

signed into law on Dec. 3, 2004, by President W. Bush. The provisions of

the act became effective on July 1, 2005, with the exception of some of the

elements pertaining to the definition of a “highly qualified teacher†that

took

effect upon the signing of the act. This is one in a series of documents,

prepared by the Office of Special Education and Rehabilitative Services (OSERS)

in

the U.S. Department of Education, that covers a variety of high-interest

topics and brings together the statutory language related to those topics to

support constituents in preparing to implement the new requirements.1 This

document addresses only the changes to the provisions of IDEA regarding children

with

disabilities enrolled by their parents in private schools that took effect on

July 1, 2005. It does not address any changes that may be made by the final

regulations.

IDEA 2004:

1. Defines the manner in which services are provided to children enrolled in

private

schools.

To the extent consistent with the number and location of children with

disabilities in the state who are enrolled by their parents in private

elementary

schools and secondary schools in the school district served by a local education

agency (LEA), provision is made for the participation of those children in

the program assisted or carried out under the requirements of Part B by

providing for such children special education and related services in accordance

with

Section 612(a)(10) unless the secretary has arranged for services to those

children under Section 612(f). [612(a)(10)(A)(i)]

2. State and local funds must supplement and not supplant proportionate

amount.

State and local funds may supplement and in no case shall supplant the

proportionate amount of federal funds required to be expended under Section

612(a)(10)(A). [612(a)(10)(A)(i)(IV)]

3. Requires maintenance of records on number of children evaluated and

number found

eligible as part of child find.

Each LEA shall maintain in its records and provide to the SEA the number of

children evaluated under Section 612(a)(10)(A), the number of children

determined to be children with disabilities, and the number of children served

under

Section 612(a)(10)(A). [612(a)(10)(A)(i)(V)]

4. Adds requirements for the provision of services to this population.

The provision of services pursuant to Section 612(a)(10) shall be provided by

employees of a public agency; or through contract by the public agency with

an individual, association, agency, organization, or other entity.

[612(a)(10)(A)(vi)]

5. Adds requirements for control of funds and property.

The control of funds used to provide special education and related services

under Section 612(a)(10), and title to materials, equipment, and property

purchased with those funds, shall be in a public agency for the uses and

purposes

provided in IDEA, and a public agency shall administer the funds and the

property. [612(a)(10)(A)(vii)]

Child Find:

6. Requires child find in private schools.

In calculating the proportionate amount of federal funds, the LEA, after

timely and meaningful consultation with representatives of private schools as

described in Section 612(a)(10)(A)(iii), shall conduct a thorough and complete

child find process to determine the number of parentally placed children with

disabilities attending private schools located in the LEA.

[612(a)(10)(A)(i)(II)]

7. Equitable participation.

The child find process shall be designed to ensure the equitable

participation of parentally placed private school children with disabilities and

an

accurate count of such children. [612(a)(10)(A)(ii)(II)]

8. Activities.

In carrying out Section 612(a)(10)(A)(ii) [child find requirements], the LEA,

or where applicable, the state education agency (SEA), shall undertake

activities similar to those activities undertaken for the agency’s public

school

children. [612(a)(10)(A)(ii)(III)]

9. Cost.

The cost of carrying out Section 612(a)(10)(A)(ii) [child find requirements],

including individual evaluations, may not be considered in determining

whether an LEA has met its obligations under Section 612(a)(10)(A)(i).

[612(a)(10)(A)(ii)(IV)]

10. Completion period.

Such child find process shall be completed in a time period comparable to

that for other students attending public schools in the LEA.

[612(a)(10)(A)(ii)(V)]

Consultation:

11. Adds additional consultation requirements.

To ensure timely and meaningful consultation, an LEA, or where appropriate,

an SEA, shall consult with private school representatives and representatives

of parents of parentally placed private school children with disabilities

during the design and development of special education and related services for

the

children, including regarding:

· The child find process and how parentally placed private school

children suspected of having a disability can participate equitably, including

how

parents, teachers, and private school officials will be informed of the

process;

· The determination of the proportionate amount of federal funds

available to serve parentally placed private school children with the

disabilities

under Section 612(a)(10), including the determination of how the amount was

calculated;

· The consultation process among the LEA, private school officials,

and representatives of parents of parentally placed private school children with

disabilities, including how such process will operate throughout the school

year to ensure that parentally placed private school children with disabilities

identified through the child find process can meaningfully participate in

special education and related services;

· How, where, and by whom special education and related services will

be provided for parentally placed private school children with disabilities,

including a discussion of types of services, including direct services and

alternate service delivery mechanisms, how such services will be apportioned if

funds are insufficient to serve all children, and how and when these decisions

will be made; and

· How, if the LEA disagrees with the views of the private school

officials on the provision of services or the types of services, whether

provided

directly or through a contract, the LEA shall provide to the private school

officials a written explanation of the reasons why the LEA chose not to provide

services directly or through a contract.

[612(a)(10)(A)(iii)]

12. Requires written affirmation.

When timely and meaningful consultation as required by Section

612(a)(10)(A)(iii) has occurred, the LEA shall obtain a written affirmation

signed by the

representatives of participating private schools, and if such representatives do

not provide such affirmation within a reasonable period of time, the LEA

shall forward the documentation of the consultation process to the SEA.

[612(a)(10)(A)(iv)]

13. Provides a right to complain to the SEA and appeal to the secretary.

A private school official shall have the right to submit a complaint to the

SEA that the LEA did not engage in consultation that was meaningful and timely,

or did not give due consideration to the views of the private school

official. [612(a)(10)(A)(v)(I)]

If the private school official wishes to submit a complaint, the official

shall provide the basis of the noncompliance with Section 612(a)(10)(A)(iii) by

the LEA to the SEA, and the LEA shall forward the appropriate documentation to

the SEA. If the private school official is dissatisfied with the decision of

the SEA, such official may submit a complaint to the secretary by providing

the basis of the noncompliance with Section 612(a)(10)(A)(iii) by the LEA to the

secretary, and the SEA shall forward the appropriate documentation to the

secretary. [612(a)(10)(A)(v)(II)]

1 Topics in this series include: Alignment With the No Child Left Behind

Act; Changes in Initial Evaluation and Reevaluation; Children Enrolled by Their

Parents in Private Schools; Discipline; Disproportionality and

Overidentification; Early Intervening Services; Highly Qualified Teachers;

Individualized

Education Program (IEP) Team Meetings and Changes to the IEP; Individualized

Education Program (IEP); Local Funding; National Instructional Materials

Accessibility Standard (NIMAS); Part C Amendments in IDEA 2004; Part C Option:

Age 3 to

Kindergarten Age; Procedural Safeguards: Surrogates, Notice and Consent;

Procedural Safeguards: Mediation and Resolution Sessions; Procedural Safeguards:

Due Process Hearings; Secondary Transition; State Funding; and Statewide and

Districtwide Assessments. Documents are available on the OSERS Web site at:

www.ed.gov/about/offices/list/osers/index.html.