1. Fall 20131 A SHORT HISTORY OF SPECIAL EDUCATION Special Education as we know it started with Public Law 94-142 (Education of All Handicapped Children Act -- EHA) of 1975 Special Education as we know it started with Public Law 94-142 (Education of All Handicapped Children Act -- EHA) of 1975 Before this act, most special educational services were for those with severe physical handicapped and were in separate school setting. Before this act, most special educational services were for those with severe physical handicapped and were in separate school setting.

2. Fall 20132 The first special education diagnostic center opened on the UNO campus in the fall of 1963. The first special education diagnostic center opened on the UNO campus in the fall of 1963. 94-142 required states that receive federal funs to provide: 94-142 required states that receive federal funs to provide: – a free appropriate public education (FAPE) –an individual educational plan (IEP) developed with parental involvement. –and education in the least restrictive environment (LRE). –these services from age 3 through 21.

3. Fall 20133 PL 101-476 Individuals with Disabilities Education Act (IDEA) (1990) – the word “handicapped” replaced with “disabled”. PL 101-476 Individuals with Disabilities Education Act (IDEA) (1990) – the word “handicapped” replaced with “disabled”. –Reaffirmed FAPE

4. Fall 20134 The Individuals with Disabilities Educational Improvement Act of 2004 Discipline of Children with Disabilities & Children with Suspected Disabilities: What’s New?

5. Fall 20135 Disciplinary Actions for Children with Disabilities & Children with Suspected Disabilities Authority of School Personnel

6. Fall 20136 Removals that Cumulate to Not More than Ten School Days School personnel may remove a child with a disability from his or her current educational placement for not more than 10 school days for violation of a student code of conduct School personnel may remove a child with a disability from his or her current educational placement for not more than 10 school days for violation of a student code of conduct –to the same extent that those alternatives apply to non-disabled children.

7. Fall 20137 Removals that Cumulate to Not More than Ten School Days Such a removal may be to an appropriate interim alternative educational setting, another setting, or a suspension. Such a removal may be to an appropriate interim alternative educational setting, another setting, or a suspension. Services do not have to be provided during a such a removal if the child with disabilities has been removed for 10 school days or less in the same school year. Services do not have to be provided during a such a removal if the child with disabilities has been removed for 10 school days or less in the same school year.

8. Fall 20138 Removals that Exceed Ten (10) School Days School personnel may seek to order a change in placement of a child with a disability who violates a code of student conduct that would exceed 10 school days. School personnel may seek to order a change in placement of a child with a disability who violates a code of student conduct that would exceed 10 school days. In such instances, the child’s behavior that gave rise to the violation of a code of student conduct may not be a manifestation of the child’s disability. In such instances, the child’s behavior that gave rise to the violation of a code of student conduct may not be a manifestation of the child’s disability.

9. Fall 20139 Removals that Exceed 10 School Days Where the behavior is not a manifestation of the child’s disability, the relevant disciplinary procedures that apply to non-disabled children must be applied for the same duration and in the same manner that they apply to non-disabled children. Where the behavior is not a manifestation of the child’s disability, the relevant disciplinary procedures that apply to non-disabled children must be applied for the same duration and in the same manner that they apply to non-disabled children. However, the child with a disability must continue to receive a free appropriate public education (although it may be provided in an interim alternative educational setting) even when he or she has been suspended or expelled from school. However, the child with a disability must continue to receive a free appropriate public education (although it may be provided in an interim alternative educational setting) even when he or she has been suspended or expelled from school.

10. Fall 201310 Removals that Exceed 10 School Days Educational services must be continued for such children during this type of change in placement. Educational services must be continued for such children during this type of change in placement. The interim alternative educational setting in which the child is placed during such a removal must be determined by the IEP team. The interim alternative educational setting in which the child is placed during such a removal must be determined by the IEP team.

11. Fall 201311 Case-By Case Determination When a child with a disability violates a code of student conduct, school personnel who are determining whether to order a change of placement for the child, may consider any unique circumstances on a case-by-case basis. When a child with a disability violates a code of student conduct, school personnel who are determining whether to order a change of placement for the child, may consider any unique circumstances on a case-by-case basis. The term “unique circumstances” is not defined. The term “unique circumstances” is not defined. This is a new provision added by the 2004 IDEA amendments. This is a new provision added by the 2004 IDEA amendments.

12. Fall 201312 Special Circumstances In special circumstances, school personnel may remove a student with a disability to an interim alternative educational setting for not more than 45 school days. In special circumstances, school personnel may remove a student with a disability to an interim alternative educational setting for not more than 45 school days. The IEP team must determine the interim alternative setting in which the child will be placed in such special circumstances. The IEP team must determine the interim alternative setting in which the child will be placed in such special circumstances. During such a change of placement to an interim alternative educational setting, the child must continue to be provided educational services. During such a change of placement to an interim alternative educational setting, the child must continue to be provided educational services.

13. Fall 201313 Special Circumstances When the special circumstances specified by the statute are present, such a removal may be made without regard to whether the child’s behavior is a determined to be a manifestation of the child’s disability. When the special circumstances specified by the statute are present, such a removal may be made without regard to whether the child’s behavior is a determined to be a manifestation of the child’s disability.

14. Fall 201314 What Are Special Circumstances? The special circumstances provisions apply in three limited circumstances: The special circumstances provisions apply in three limited circumstances: –when a child with a disability “carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a State or local educational agency”; –when a child with a disability “knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of a State or local educational agency”; and –when a child with a disability “has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of a State or local educational agency”.

15. Fall 201315 Special Circumstances The provision allowing removal to an interim alternative educational setting for infliction of “serious bodily injury” is new. The provision allowing removal to an interim alternative educational setting for infliction of “serious bodily injury” is new. It allows school personnel to order a removal for up to 45 school days for such an offense. It allows school personnel to order a removal for up to 45 school days for such an offense.

16. Fall 201316 What is Serious Bodily Injury? School personnel seeking to use the new provision should know the definition of “serious bodily injury”. School personnel seeking to use the new provision should know the definition of “serious bodily injury”. “Serious bodily injury” is clearly defined as the meaning given the term by 18 U.S.C. §1365(h)(3). “Serious bodily injury” is clearly defined as the meaning given the term by 18 U.S.C. §1365(h)(3). “serious bodily injury” contemplates, among other things, an actual bodily injury of a serious nature. “serious bodily injury” contemplates, among other things, an actual bodily injury of a serious nature. The term does not include threats, possibilities, probabilities or propensities of the student to commit bodily harm, or school personnel’s fears or apprehension that the student may do so. The term does not include threats, possibilities, probabilities or propensities of the student to commit bodily harm, or school personnel’s fears or apprehension that the student may do so.

17. Fall 201317 Definitions The term “controlled substance” refers to a drug or other substance identified by the Controlled Substances Act under schedule I, II, III, IV or V of section 202(c). The term “controlled substance” refers to a drug or other substance identified by the Controlled Substances Act under schedule I, II, III, IV or V of section 202(c). The Controlled Substances Act referred to is 21 U.S.C. §812(c). The Controlled Substances Act referred to is 21 U.S.C. §812(c).

18. Fall 201318 Definitions The term “illegal drug” as used in the IDEA discipline provisions means a controlled substance. The term “illegal drug” as used in the IDEA discipline provisions means a controlled substance. However, a controlled substance that is legally used or possessed under the supervision of a licensed health-care professional is not an illegal drug under the IDEA. However, a controlled substance that is legally used or possessed under the supervision of a licensed health-care professional is not an illegal drug under the IDEA. Similarly, a controlled substance that is legally possessed or used under the authority of any other provision of Federal law or the IDEA is excluded from the definition. Similarly, a controlled substance that is legally possessed or used under the authority of any other provision of Federal law or the IDEA is excluded from the definition.

19. Fall 201319 Definitions The IDEA discipline provisions define the term “weapon” as meaning a “dangerous weapon” as that term is defined under 18 U.S.C. §930(g)(2). The IDEA discipline provisions define the term “weapon” as meaning a “dangerous weapon” as that term is defined under 18 U.S.C. §930(g)(2). The term “dangerous weapon” under 18 U.S.C. §930(g)(2) includes devices, weapons, instruments, materials or substances, that may be animate or inanimate. The term “dangerous weapon” under 18 U.S.C. §930(g)(2) includes devices, weapons, instruments, materials or substances, that may be animate or inanimate. To be considered a “dangerous weapon”, the item must be used for, or readily capable or, causing death or serious bodily injury. To be considered a “dangerous weapon”, the item must be used for, or readily capable or, causing death or serious bodily injury. A pocket knife that has a blade that is 2½” or less in length is not considered a “dangerous weapon” under the statute. A pocket knife that has a blade that is 2½” or less in length is not considered a “dangerous weapon” under the statute.

20. Fall 201320 Definitions The term “serious bodily injury” is defined as having the meaning given that term under 18 U.S.C. §1365(h)(3). The term “serious bodily injury” is defined as having the meaning given that term under 18 U.S.C. §1365(h)(3). “Serious bodily injury” as defined by 18 U.S.C. §1365(h)(3) involves a bodily injury. “Serious bodily injury” as defined by 18 U.S.C. §1365(h)(3) involves a bodily injury. A “bodily injury” under the statute includes: a cut, bruise, abrasion, burn, or disfigurement; illness; physical pain; impairment of the function of a bodily member, organ, or mental faculty; or, any other injury to the body, no matter how temporary. A “bodily injury” under the statute includes: a cut, bruise, abrasion, burn, or disfigurement; illness; physical pain; impairment of the function of a bodily member, organ, or mental faculty; or, any other injury to the body, no matter how temporary. To constitute a “serious bodily injury” under the Act, the bodily injury must involve either extreme physical pain, a substantial risk of death, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty. To constitute a “serious bodily injury” under the Act, the bodily injury must involve either extreme physical pain, a substantial risk of death, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ or mental faculty.

21. Fall 201321 Notice of Decision When a decision is made to remove a child with a disability from his or her current placement for violation of a code of student conduct, the local educational agency must notify the child’s parents of that decision, and of all procedural safeguards accorded under 20 U.S.C. §1415. When a decision is made to remove a child with a disability from his or her current placement for violation of a code of student conduct, the local educational agency must notify the child’s parents of that decision, and of all procedural safeguards accorded under 20 U.S.C. §1415. Such a decision to initiate or change the child’s educational placement requires prior written notice that complies with the provisions of 20 U.S.C. §1415(c). Such a decision to initiate or change the child’s educational placement requires prior written notice that complies with the provisions of 20 U.S.C. §1415(c). The required notice must be made not later than the date that the decision to take disciplinary action is made. The required notice must be made not later than the date that the decision to take disciplinary action is made.

22. Fall 201322 Manifestation Determination Review Until a child with a disability has been removed from his or her current placement for violation of a student code of conduct for more than 10 school days in the same school year, a manifestation determination review (MDR) is not required. Until a child with a disability has been removed from his or her current placement for violation of a student code of conduct for more than 10 school days in the same school year, a manifestation determination review (MDR) is not required. After a child with a disability has been removed from his or her current placement for violation of a code of student conduct for more than 10 school days in the same school year, a manifestation determination review must be conducted within 10 school days of a decision to change a disabled child’s placement because the child violated a code of student conduct. After a child with a disability has been removed from his or her current placement for violation of a code of student conduct for more than 10 school days in the same school year, a manifestation determination review must be conducted within 10 school days of a decision to change a disabled child’s placement because the child violated a code of student conduct.

23. Fall 201323 Who Conducts the Manifestation Determination Review? The manifestation determination must be conducted by the local education agency, the child’s parents, and relevant members of the IEP team. The manifestation determination must be conducted by the local education agency, the child’s parents, and relevant members of the IEP team. The determination of who are relevant members of the IEP team is made child’s parent and the local education agency. The determination of who are relevant members of the IEP team is made child’s parent and the local education agency.

24. Fall 201324 What Must Be Included in a Manifestation Determination Review? The individuals conducting the manifestation determination review must review all relevant information in the child’s file, including the IEP, any teacher observations, and any relevant information provided by the child’s parents. The individuals conducting the manifestation determination review must review all relevant information in the child’s file, including the IEP, any teacher observations, and any relevant information provided by the child’s parents. Based upon their review of the above information, they must make the following determinations: Based upon their review of the above information, they must make the following determinations: –“if the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or –if the conduct in question was the direct result of the local educational agency’s failure to implement the IEP.”

25. Fall 201325 Manifestation Determination Review The child’s conduct must be determined to be a manifestation of the child’s disability when it is determined that the child’s conduct: The child’s conduct must be determined to be a manifestation of the child’s disability when it is determined that the child’s conduct: –was either caused by, or had a substantial relationship to, the child’s disability, or –was the direct result of the local educational agency’s failure to implement the IEP.

26. Fall 201326 Functional Behavioral Assessment and Behavior Intervention Plans Where it is determined that the child’s conduct was a manifestation of his or her disability, and the local educational agency had not conducted a functional behavioral assessment (FBA) before that determination, the IEP team must conduct a FBA and implement a behavioral intervention plan (BIP) for the child. Where it is determined that the child’s conduct was a manifestation of his or her disability, and the local educational agency had not conducted a functional behavioral assessment (FBA) before that determination, the IEP team must conduct a FBA and implement a behavioral intervention plan (BIP) for the child. If a BIP has previously been developed, the IEP team must review, and modify the BIP, as necessary to address the behavior. If a BIP has previously been developed, the IEP team must review, and modify the BIP, as necessary to address the behavior.

27. Fall 201327 Return to Placement if the Behavior was a Manifestation of the Child’s Disability If the child’s behavior is determined to be a manifestation of his disability, the child must be returned to the placement from which he or she was removed unless: If the child’s behavior is determined to be a manifestation of his disability, the child must be returned to the placement from which he or she was removed unless: –under the special circumstances provisions, the child was removed to an interim alternative educational setting for not more than 45 school days, for a weapons offense, an illegal drug or controlled dangerous substance offense, or for infliction of a serious bodily injury; or –the parent and the local education agency agree to a change of placement as part of the modification of the behavioral intervention plan.

28. Fall 201328 Continuation of Services The IDEA requires that a free appropriate public education (FAPE) be available to all children with disabilities between the ages of 3 and 21, inclusive, who reside in the State. The IDEA requires that a free appropriate public education (FAPE) be available to all children with disabilities between the ages of 3 and 21, inclusive, who reside in the State. The requirement to provide a FAPE includes making a FAPE available to children with disabilities who have been suspended or expelled from school. The requirement to provide a FAPE includes making a FAPE available to children with disabilities who have been suspended or expelled from school.

29. Fall 201329 Free Appropriate Public Education A term “free appropriate public education” means special education and related services which are provided under public supervision and direction, at public expense, and without charge. A term “free appropriate public education” means special education and related services which are provided under public supervision and direction, at public expense, and without charge. The special education and related services must meet State educational agency standards, and must include an appropriate preschool, elementary school or secondary school education. The special education and related services must meet State educational agency standards, and must include an appropriate preschool, elementary school or secondary school education. In addition the services must be provided in conformity with an individualized education program that meets the requirements of 20 U.S.C. §1414(d). In addition the services must be provided in conformity with an individualized education program that meets the requirements of 20 U.S.C. §1414(d).

30. Fall 201330 Continuation of Services A child with a disability who has been removed from his or her current placement under 20 U.S.C. §1415(k)(1)(C) or under 20 U.S.C. §1415(k)(1)(G) must continue to receive educational services irrespective of whether his or her behavior is determined to be a determination of his or her disability. A child with a disability who has been removed from his or her current placement under 20 U.S.C. §1415(k)(1)(C) or under 20 U.S.C. §1415(k)(1)(G) must continue to receive educational services irrespective of whether his or her behavior is determined to be a determination of his or her disability.

31. Fall 201331 Continuation of Services The purposes of the continuation of educational services is to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress towards meeting his or her IEP goals. The purposes of the continuation of educational services is to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress towards meeting his or her IEP goals. In addition, the child must receive, as appropriate, a functional behavior assessment, and behavior intervention services and modifications designed to address the behavior so that it does not recur. In addition, the child must receive, as appropriate, a functional behavior assessment, and behavior intervention services and modifications designed to address the behavior so that it does not recur.

32. Fall 201332 Continuation of Services The children with disabilities to whom the continuation of services requirements apply are children with disabilities who have been removed: The children with disabilities to whom the continuation of services requirements apply are children with disabilities who have been removed: –from their current placement for more than 10 school days in the same school year for behavior that has been determined through a manifestation determination review to not be a manifestation of the child’s disability; and –to an interim alternative educational setting for not more than 45 school days for offenses that constitute special circumstances (weapons offenses, drug or controlled substances offenses, or offenses involving serious bodily injury) without regard to whether the behavior is determined to be a manifestation of the child’s disability

33. Fall 201333 Authority of Hearing Officers Changes to Interim Alternative Educational Settings

34. Fall 201334 Appeals The 2004 IDEA amendments provide for appeals by both the parent and the local education agency under the provisions of 20 U.S.C. §1415(k). The 2004 IDEA amendments provide for appeals by both the parent and the local education agency under the provisions of 20 U.S.C. §1415(k).

35. Fall 201335 Appeals In appeals under the provisions of 20 U.S.C. §1415(k), the State or local educational agency must arrange for an expedited hearing. In appeals under the provisions of 20 U.S.C. §1415(k), the State or local educational agency must arrange for an expedited hearing.

36. Fall 201336 Appeals An expedited hearing must occur within 20 school days of the date that the hearing is requested. An expedited hearing must occur within 20 school days of the date that the hearing is requested. A determination by the hearing officer must occur within 10 school days after the hearing. A determination by the hearing officer must occur within 10 school days after the hearing. Unless the parents and the State or local educational agency agree otherwise, during an appeal pursuant to 20 U.S.C. §1415(k)(3) the child must remain in the interim alternative educational setting until the expiration of the change of placement to an interim alternative educational setting, or the decision of the hearing officer, whichever occurs first. Unless the parents and the State or local educational agency agree otherwise, during an appeal pursuant to 20 U.S.C. §1415(k)(3) the child must remain in the interim alternative educational setting until the expiration of the change of placement to an interim alternative educational setting, or the decision of the hearing officer, whichever occurs first.

37. Fall 201337 Appeals the statute grants the parent of a child with a disabilities with the right to appeal to a hearing officer when the parent disagrees with any decision regarding placement under 20 U.S.C. §1415(k), or with the manifestation determination. the statute grants the parent of a child with a disabilities with the right to appeal to a hearing officer when the parent disagrees with any decision regarding placement under 20 U.S.C. §1415(k), or with the manifestation determination. Alternatively, the statute grants the local educational agency the right to request a hearing when the agency believes that maintaining the child in the current placement is substantially likely to result in injury to the child or to others. Alternatively, the statute grants the local educational agency the right to request a hearing when the agency believes that maintaining the child in the current placement is substantially likely to result in injury to the child or to others.

38. Fall 201338 Appeals The hearing officer is authorized to hear and make a determination regarding such appeals. The hearing officer is authorized to hear and make a determination regarding such appeals. In addition, the hearing officer is authorized to order a change in placement of the child, which may include returning the child to the placement from which he or she was removed, or ordering a change of placement for not more than 45 school days if the hearing officer determines that maintaining the child in his or her current placement is substantially likely to result in injury to the child or others. In addition, the hearing officer is authorized to order a change in placement of the child, which may include returning the child to the placement from which he or she was removed, or ordering a change of placement for not more than 45 school days if the hearing officer determines that maintaining the child in his or her current placement is substantially likely to result in injury to the child or others.

39. Fall 201339 Determination that Maintaining the Child in the Current Placement is Dangerous The 2004 IDEA amendments removed the previous requirements detailing the determinations that the hearing officer must make before concluding that maintaining the child in the current placement was substantially likely to result in injury to the child or others. The 2004 IDEA amendments removed the previous requirements detailing the determinations that the hearing officer must make before concluding that maintaining the child in the current placement was substantially likely to result in injury to the child or others.

40. Fall 201340 Reporting Crimes to Law Enforcement and Judicial Authorities The statute’s provisions may not be construed to prohibit an agency from reporting a crime committed by a child with a disability to appropriate authorities. The statute’s provisions may not be construed to prohibit an agency from reporting a crime committed by a child with a disability to appropriate authorities. Nor does the statute prevent the application of Federal and State law to crimes committed by a child with a disability by State law enforcement and judicial authorities in the exercise of their responsibilities. Nor does the statute prevent the application of Federal and State law to crimes committed by a child with a disability by State law enforcement and judicial authorities in the exercise of their responsibilities. When an agency reports a crime committed by a child with a disability, the agency must ensure that copies of the child’s special education and disciplinary records are transmitted for consideration by the appropriate authorities to whom the crime was reported. When an agency reports a crime committed by a child with a disability, the agency must ensure that copies of the child’s special education and disciplinary records are transmitted for consideration by the appropriate authorities to whom the crime was reported.

41. Fall 201341 Application of Discipline Provisions to Children Not Yet Eligible for Special Education & Related Services If a local education agency had knowledge that a child who has not been determined to be eligible for special education and related services was a child with a disability before the behavior occurred that violated a code of student conduct which precipitated disciplinary action, the child can usually assert the IDEA protections. If a local education agency had knowledge that a child who has not been determined to be eligible for special education and related services was a child with a disability before the behavior occurred that violated a code of student conduct which precipitated disciplinary action, the child can usually assert the IDEA protections.

42. Fall 201342 Basis of Knowledge The factors used to determine if a LEA had knowledge that the child was a child with a disability: The factors used to determine if a LEA had knowledge that the child was a child with a disability: –the child’s parent expressed concern that the child is in need of special education and related services; the parent’s concerns must be expressed in writing to the child’s teacher, or to supervisory or administrative personnel of the appropriate educational agency; or –the child’s parent has requested that the child be evaluated to determine if the child is a child with a disability; or –the child’s teacher or other local educational agency personnel has expressed specific concerns about a pattern of behavior the child has demonstrated; those concerns must have been directly expressed to the educational agency’s director of special education or other supervisory personnel.

43. Fall 201343 When Basis of Knowledge Does Not Apply A LEA will not be deemed to have a basis of knowledge that the child was a child with a disability when any of the following circumstances exist: A LEA will not be deemed to have a basis of knowledge that the child was a child with a disability when any of the following circumstances exist: –the child’s parent has not allowed the child to be evaluated; or –the child’s parent has refused services; or –the child has been evaluated and was determined to not be a child with a disability

44. Fall 201344 Where There is No Basis of Knowledge If, before taking disciplinary measures against the child, the LEA does not have knowledge that the child is a child with a disability, the child may be subjected to the disciplinary measures applied to non- disabled children who engaged in comparable behaviors. If, before taking disciplinary measures against the child, the LEA does not have knowledge that the child is a child with a disability, the child may be subjected to the disciplinary measures applied to non- disabled children who engaged in comparable behaviors.

45. Fall 201345 Where There is No Basis of Knowledge However, during the time that the child is subjected to such disciplinary measures, if a request is made to evaluate the child, the evaluation must be conducted in an expedited manner. However, during the time that the child is subjected to such disciplinary measures, if a request is made to evaluate the child, the evaluation must be conducted in an expedited manner. Pending the results of such an expedited evaluation, the child must remain in the educational placement determined by school authorities. Pending the results of such an expedited evaluation, the child must remain in the educational placement determined by school authorities. If as a result of the evaluation, the child is determined to be a child with a disability, taking the information from the evaluation conducted by the LEA and information provided by the child’s parents into consideration, the LEA must provide special education and related services to the child. If as a result of the evaluation, the child is determined to be a child with a disability, taking the information from the evaluation conducted by the LEA and information provided by the child’s parents into consideration, the LEA must provide special education and related services to the child.

46. REVOCATION OF CONSENT IDEA regulations effective December 31, 2008 allow revocation of consent by parents for the child to be in special education. The parent must make the request in writing and the school system must inform the parents of the implications of their decision. IDEA regulations effective December 31, 2008 allow revocation of consent by parents for the child to be in special education. The parent must make the request in writing and the school system must inform the parents of the implications of their decision. Fall 201346

47. When the parent removes a child from IDEA coverage, the child goes into regular classes and is not entitled to any of the rights that were available. When the parent removes a child from IDEA coverage, the child goes into regular classes and is not entitled to any of the rights that were available. For disciplinary purposes, the student is treated as a regular education student and cannot claim special privileges. For disciplinary purposes, the student is treated as a regular education student and cannot claim special privileges. An initial evaluation is required if the parent changes his/her mind regarding placement. An initial evaluation is required if the parent changes his/her mind regarding placement. Fall 201347

48. FOREST GROVE SCHOOL DISTRICT, Petitioner v. T. A. 557 U.S. 230 (2009) The Supreme Court held that IDEA authorizes reimbursement for private special-education services when a public school fails to provide free appropriate public education (FAPE) and the private school placement is appropriate, regardless of whether the child previously received special education services through the public school. The Supreme Court held that IDEA authorizes reimbursement for private special-education services when a public school fails to provide free appropriate public education (FAPE) and the private school placement is appropriate, regardless of whether the child previously received special education services through the public school. Fall 201348

49. ARLINGTON CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION v. PEARL MURPHY 548 U.S. 291 (2006) IDEA allows for school systems to reimburse parents for legal cost, but not for outside experts. IDEA allows for school systems to reimburse parents for legal cost, but not for outside experts. Fall 201349

50. FLORENCE COUNTY SCHOOL DISTRICT FOUR v. SHANNON CARTER 510 U.S. 7 (1993) The court affirmed a judgment ordering reimbursement to petitioner parents because respondent school district breached its duty to provide a student with the free appropriate public education. The court affirmed a judgment ordering reimbursement to petitioner parents because respondent school district breached its duty to provide a student with the free appropriate public education. Fall 201350

51. Fall 201351 COPYRIGHT © 2005 Andree Hunter Greenleaf, Attorney at Law ALL RIGHTS RESERVED. No part of this work covered by the copyright herein may be reproduced or used in any form or by any means – graphic, electronic, or mechanical, including photocopying, recording, taping, Web distribution, or information retrieval systems – without the written permission of the author. The information in these materials is educational and not intended to be legal advice.