504 vs IEP A 504 Plan provides accommodations, services and/or aids to
students with a disability (as that term is defined under the Americans with
Disabilities Act Amendments Act) to afford the student equal opportunities to
participate in school activities and receive the same instruction as
nondisabled peers, but they do not require special education. Accommodations
may include extra time for the same assignments as their peers, a separate
quiet room to take the same test as their peers, large type for reading the same
instructional material, or ramps to physically access the same classroom. An
IEP is
Continue Reading Difference between a 504 and an IEP and how do they affect the student
Kirsch-Goodwin & Kirsch, PLLC, Education Attorneys Blogs
Latest from Kirsch-Goodwin & Kirsch, PLLC, Education Attorneys
Can a school attorney attend an IEP meeting if the parent attorney does not?
Excerpted from an interview of attorney Hope Kirsch to LRP:Parent attorney isn’t coming to IEP meeting, but school attorney is? Watch your stepThe case manager has all the documents ready and is just a couple of hours away from beginning the IEP meeting. Then the parent attorney calls to say she can’t make it to the meeting.Can the IEP team and school attorney continue with the meeting, despite the parent attorney’s absence?The Office of Special Education Program’s position is to “strongly discourage” attorney attendance at IEP meetings in general. Notwithstanding any strict reading of the law, “an attorney’s
Continue Reading Can a school attorney attend an IEP meeting if the parent attorney does not?
The Laws Impacting Students with Disabiities
The key federal laws that affect students with disabilities are the Individuals w/ Disabilities Education Act (IDEA), Sec 504 of the Rehab Act of 1973 as amended (Section 504) and the Americans w/ Disabilities Act (ADA).Three federal laws address the obligation of public district
schools and charter schools to meet the needs of students with
disabilities. These three key laws that
affect students with disabilities are the Individuals with Disabilities
Education Act (IDEA), Sec 504 of the Rehab Act of 1973 as amended (Section 504)
and the Americans with Disabilities Act (ADA). These are federal statutes. Federal statutes are enacted
Continue Reading The Laws Impacting Students with Disabiities
What if my child is gifted?
The child who is gifted and requires special education and
related services is known as “2E,” meaning “twice exceptional.” A child is gifted if the child’s IQ is at
least 130, the 97th percentile.
The mere fact that a student is gifted does not disqualify him or her
from eligibility for special education and related services under the IDEA. A student who needs special education because
of a qualifying disability retains his or her rights under the IDEA, even if
the student is intellectually gifted. See Letter to Anonymous, (OSEP 2010) (stating that a
gifted student with Asperger
Continue Reading What if my child is gifted?
Special Education eligibility categories in Arizona
A.R.S. § 15-761(2)(a)
(i) Autism (A)
(ii) Developmental
delay (DD) (until age 9 years)
(iii) Emotional
disability (ED)
(iv) Hearing
impairment (HI)
(v) Other health
impairments (OHI)
(vi) Specific
learning disability (SLD)
(vii) Mild, moderate
or severe intellectual disability (MID, MOID, SID)
(viii) Multiple disabilities (MD)
(ix) Multiple
disabilities w/ severe sensory
impairment (MDSSI)
(x) Orthopedic
impairment (OI)
(xi) Preschool
severe delay (PSD)
(xii)
Speech/language impairment (SLI)
(xiii) Traumatic
brain injury (TBI)
(xiv) Visual
impairment (VI)
However, disability condition is only first step of two step
process. The child must also need
special education, that is, specially designed instruction (SPECIALLY
Continue Reading Special Education eligibility categories in Arizona
Manifestation Determination Reviews (MDRs)
The IDEA protects students with disabilities in disciplinary
proceedings that may result in long term suspension or expulsion. Suspension
over 10 days in a school year requires a Manifestation Determination Review
(MDR) (see below). A student with a disability (with an IEP) may be suspended
for up to 10 school days in a school year without FAPE being provided.
Suspension for more than 10 school days is considered a long term suspension.A
disciplinary change of placement occurs for a student with a disability if: (1)
The removal is for more than 10 consecutive school days; or (2) he student has
Continue Reading Manifestation Determination Reviews (MDRs)
How to navigate the world of special education – VIDEO
Here’s what to do when your child needs help in school
By Hope Kirsch, Kirsch-Goodwin & Kirsch, PLLChttps://www.yourvalley.net/paradise-valley-independent/stories/kirsch-heres-what-to-do-when-your-child-needs-help-in-school,288281If your child is struggling at all — in school work (academics), making friends, teachers complaining about behavior, almost anything that concerns you or the teachers — the school should be notifying you and suggesting to meet to evaluate the child for a 504 plan (accommodations) or an IEP (special education).But if the school has not contacted you, then you should contact the school. Do not hesitate because early intervention is key to addressing issues and leads to some of the best outcomes. Otherwise, your child’s difficulties increase, the gap in learning
Continue Reading Here’s what to do when your child needs help in school
When the school calls: Understanding individualized education programs (IEPs)
Parent Educational Event – Navigating Special Education for Your Child
Return to School Roadmap, August 2021
Thee United States Department of Education will be issuing guidance to schools notifying them that regardless of the COVID pandemic or how instructino is provided, students with disabilities must still receive a free appropriate public education (FAPE) in accordance with the Individuals with Disabilities Education Act (IDEA), and that infants and toddlers with disabilities and their families receive early intervention services. Here is the first guidance document, a Questions and Answers (Q/A) document, that outlines the key requirements and reminds schools of their requirement to appropriately implement IDEA’s Child Find obligations. https://sites.ed.gov/idea/files/rts-qa-child-find-part-b-08-24-2021.pdf
Continue Reading Return to School Roadmap, August 2021
Can the school remove my child from an IEP?
Parents often ask:Can the school exit my child from an IEP?How can a school exit my child from an IEP?The answer to these questions are that schools are not allowed to just dimiss – or exit – a student from an IEP without a formal evaluation. And so an IEP may not just say that a student no longer needs special educaiton and related services. Instead, the IEP team must arrange to re-evaluate the student in all areas of suspected disabilty, and only after the evaluation may the team decied whether or not the student continues to need special
Continue Reading Can the school remove my child from an IEP?
Bullying – When Special Needs Students Are the Victims or Instigators
Bullying – When Special
Needs Students Are the Victims or InstigatorsBy Arizona Education Attorneys
What is Bullying?
Bullying is unwanted, aggressive behavior among school aged children
that involves a real or perceived power imbalance. The behavior is repeated, or
has the potential to be repeated, over time. Both students who are bullied and
who bully others may have serious, lasting problems. In order to be considered bullying, the
behavior must be aggressive and include an imbalance of power repeatedly. Students who bully use their power—such as physical
strength, access to embarrassing
Continue Reading Bullying – When Special Needs Students Are the Victims or Instigators
Manifestation Determination Review ("MDR")
Arizona Education LawyersThe IDEA protects students with disabilities in disciplinary
proceedings that may result in long term suspension or expulsion. Suspension
over 10 days in a school year requires a Manifestation Determination Review (“MDR”).
A student with a disability (with an IEP) may be suspended for up to 10 school
days in a school year without FAPE being provided. Suspension for more than 10 school days is
considered a long term suspension.
The implementing regulations of the
IDEA, at 34 C.F.R. § 300.530(e), require that a school conduct an MDR when the
decision is made to change
Continue Reading Manifestation Determination Review ("MDR")
Suspension and Expulsion of Students
By Kirsch-Goodwin & Kirsch, PLLC, Arizona Education Attorneys
Discipline of students in Arizona public schools is covered
in Arizona Revised Statutes at Title 15 (Education), Chapter 8 (School
Attendance), Article 3 (Suspension and Expulsion of Pupils), Sections 15-840
through 15-844. In Arizona, all students
are required to comply with school rules and submit to the authority of
teachers and school administrators. A.R.S. § 15-841(A).
Students with IEPs and 504 Plans have extra
protections under federal and state laws when it comes to discipline. But the cornerstone of student discipline is balancing two separate rights of
Continue Reading Suspension and Expulsion of Students