NAP- Neighborhood Alliance of Pawtucket

IDEA 2004 vs RI Regs

Comparisons

RIDE Guidance on the new IDEA Final Federal Regulations Prepared by David A. Kane, J.D. RITAP September 2006 Kenneth G. Swanson, State Director, Office of Special Populations
The final federal regulations were issued by the Secretary on August 3, 2006 and will become effective 60 days following publication in the Federal Register (60 days from August 14, 2006.)
The US Department of Education, Office of Special Education and Programs (OSEP) launched its new web site to assist States in implementing the IDEA 2004 and the new federal regulations. You may access that website at www.IDEA.ED.GOV The US Department of Education also has a main page at www.ED.GOV which includes a site to download a document referred to as: Toolkit on Teaching and Assessing Students with Disabilities. Both of these sites include site and links to valuable information.
RIDE Website:
The RIDE Office of Special Populations website is being complete revised. The Office of Special Populations web page will become a primary communication tool for updates on the development of the Rhode Island regulations over the next several months. Please visit the site at www.ride.ri.gov/Special_Populations
State Reauthorization Process:
This fall, (2006) the RI Department of Education will begin the process to reauthorize the Board of Regents Special Education Regulations. This process will call on the general public, school personnel, professional organizations and families to assist in guiding the State in meeting the challenges, expectations and outcomes associated with educating students. Until that process is completed, the state will continue to follow a combination of federal and state regulations along with established state and local policies and procedures.
CHART:
To assist in implementing the varied regulations, the RIDE with the assistance of RITAP has developed the within comparison chart. Organized by topic It compares the NEW federal regulations with current RI Board of Regent Regulations followed by an outline of NEW RI Procedures to follow pending finalization of the state reauthorization process which is projected for completion for the 2007-2008 school year.
How to use this Chart:
The chart provided within is intended to address areas that the Final Federal Regulations have clarified or added to the IDEA 2004 Statute which have resulted in a change in RI practice. This chart should be used in addition to previously issued guidance by the RI Department of Education. The most recent guidance was issued May 11. 2006 and is available on the RIDE and RITAP websites.
Major Substantive Changes


TOPIC Major Substantive Changes

IDEA '04
Final Regulations Major Substantive Changes



Current RI Regulations Major Substantive Changes



NEW Requirements for RI
SCHOOL YEAR 2006-2007

SUBPART A--
Definitions

1. Child with a disability—
300.8


2. Parent
300. 30




3. Related Services
300.34
“School Health & School Nurse Services”

Related Services—
Exception
300.34(b)(1)











4. Interpreting Services
300.34(c )(4)






5. School health services and school nurse services
300.34(c)(13)











6. Scientifically based research
300.35

7. Supplementary aids and services
300.42







Other Health Impairment—
Adds “Tourette Syndrome” to list of chronic or acute health problems
300.8( c)(9)(i)

Revised to substitute “biological” for “natural” and clarifies use of term
“guardian” is person generally authorized to act as child’s parent or to make educational decisions.

IDEA 2004 added school nurse services to the definition of related services. The final regulations combine
“school health services” and “school nurse services”

Exception to definition of related services:
“surgically implanted devices, including cochlear implants”

Clarifies related services do not include a medical device surgically implanted, optimization of that device’s functioning (e.g. mapping). maintenance or replacement of that device.



Clarifies the NEW term includes:
Transcription services, such as communication access real-time translation (CART), C-Print and TypeWell for children deaf or hard of hearing, and special interpreting services for children who are deaf-blind




School nurse services re-named school health services and school nurse services.
School nurse services are provided by a qualified school nurse and school health services are provided by qualified school nurse or other qualified person.







Incorporates definition from the Elementary and Secondary Education Act of 1965, 20 U.S.C. 6301 (ESEA)

Definition modified to specify that aids, services and other supports are also provided to enable children with disabilities to participate in extracurricular and nonacademic settings


Does not include Tourette Syndrome
RI 300.7


Not currently included in definition




Not currently included in RI definition
(RI 300.24)


No current exception in RI definition
(RI 300.24)










Not currently included in RI Regulations.








Language not currently found in RI regulations.

Note: RI has “school nurse teacher” requirement ( RI
Health Regulations 7.2)




No definition currently exists in RI Regulations

Language not contained in current RI Regulation


Add “Tourette Syndrome” to list of chronic or acute health problems covered under “Other Health Impairment”


Follow Federal Regulation—300.30
substitute “biological” for “natural” and use of term “guardian” as a person generally authorized to act as child’s parent or to make educational decisions.

Add federal revisions to RI definition to include “school nurse services” to definition of related services.



Follow Federal Regulation— 300.34 including specific exception—

Exception to definition of related services:
“surgically implanted devices, including cochlear implants”

Clarifies related services do not include a medical device surgically implanted, optimization of that device’s functioning (e.g. mapping). maintenance or replacement of that device.

Add NEW federal term to definitions
to include:
Interpreting Services as defined, which includes:
Transcription services, such as communication access real-time translation (CART), C-Print and TypeWell for children deaf or hard of hearing, and special interpreting services for children who are deaf-blind

Add changes in federal definition to include new re-named school health services and school nurse services.
RI requirements for Certified school nurse Teacher remain current.








Add Federal definition from ESEA



Add new Federal language to definition—300.42
“aids, services and other supports… are also provided to… enable children with disabilities to participate in extracurricular and nonacademic settings”
SUBPART B—

FAPE
300. 101 (C)






Exceptions to FAPE
300.102 (a) (3)








Non Academic Services
300.107(a)










Physical Education Services
300.108 (a)









Routine Checking of Hearing Aids—AND external components of surgically implanted medical devices
300.113(b)(1)


300.113 (b)(2)










Least Restrictive Environment (LRE)—
Nonacademic settings
300.117







PPPSS


Parentally Placed Private School Students (PPPSS)
300.130






PPPSS Child Find
300.131(a)





Out of State Children
300.131 (f)






PPPSS
Child aged 3 thru 5
300.133(a)(2)(ii)
















PPPSS Cary-over
300.133 (a)(3)








HQT—not apply to private school personnel of PPPSS
300.138(a)


Clarifies that FAPE must be available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course, and is advancing from grade to grade.




Adds new language to clarify that…
A regular high school diploma does not include an alternative degree that is not fully aligned with the State’s academic standards such as a certificate or a general educational development credential (GED)


Revised to specify steps each LEA/public agency must take, including the provision of supplementary aids and services determined appropriate and necessary by the IEP team, to provide nonacademic and extra curricular services and activities…in the manner necessary to afford children with disabilities equal opportunity for participation in those services and activities




Language revised to specify that physical education must be available to all children with disabilities receiving FAPE, unless the public agency
enrolls children without disabilities and does not provide physical education to children without disabilities in the same grade.


New—Additional requirement
that each LEA/public agency/ensure that external components of surgically implanted medical devices are functioning properly.




Clarifies that—
For a child with a surgically implanted medical device receiving special education…LEA is NOT responsible for the post-surgical maintenance, programming, or replacement of the medical device…or of an external component of the surgically implanted device.


Clarifies that each LEA/public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP Team to be appropriate and necessary for the child to participate with non-disabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child.



PPPSS


Clarifies term means children with disabilities enrolled by their parents in private, including religious schools or facilities, that meet the definition of elementary school in 300.13 or secondary school in 300.36.




New—General
Child find activities are the responsibility of the LEA where the child attends school



OUT OF STATE CHILDREN—
For purposes of implementing this section each LEA must include parentally placed private school children who reside in a state other than the state in which the private school they attend.


Clarifies children age 3 thru 5 are considered PPPSS only if they are enrolled in a private school that meets the definition of a elementary school in 300.13














New—If LEA has not expended for equitable services for PPPSS all of the funds by the end of the year, the LEA must obligate the remaining funds for special education and related services to PPPSS
during a carry-over period of one year.



New—HQT personnel standards do not apply to private school personnel providing equitable services to PPPSS

New language not currently contained in
RI Regulation 300.121






New language not currently contained in this section
RI 300.122





New language not currently found in RI Regulations
RI 300.306










Current RI regulation 300.307 requires physical education to same extent as non disabled students.





Not currently in RI Regulations.







Not currently in RI Regulations









New requirement not currently in RI Regulations.









PPPSS


No current RI Regulation defining the term.







New—No current RI Regulation.





New language not currently found in RI Regulations.





No current RI Regulation

















No current RI Regulation








No current RI Regulation

Add new federal language to FAPE—300.101(c)

FAPE must be available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course, and is advancing from grade to grade.

Add new federal language to FAPE—300.102(a)(3)

A regular high school diploma does not include an alternative degree that is not fully aligned with the State’s academic standards such as a certificate or a general educational development credential (GED)

Add new federal language to requirements for LEA/public agencies—300.107(a)

…each LEA/public agency must take, including the provision of supplementary aids and services determined appropriate and necessary by the IEP team, to provide nonacademic and extra curricular services and activities…in the manner necessary to afford children with disabilities equal opportunity for participation in those services and activities
Follow RI Regulation 300.307

Note: Federal regulation does not establish a new requirement for children enrolled in schools in RI.







Follow New Requirements in Federal Regulation—300.113 (b)(1)
…Additional requirement that each LEA/public agency/ensure that external components of surgically implanted medical devices are functioning properly.



Follow Federal Regulation—300.113(b)(2)
…for a child with a surgically implanted medical device receiving special education…LEA is NOT responsible for the post-surgical maintenance, programming, or replacement of the medical device…or of an external component of the surgically implanted device.



Follow new requirements of Federal Regulation—300.117
…each LEA/public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP Team to be appropriate and necessary for the child to participate with non-disabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child.

PPPSS


Add new Federal language defining the term—
Parentally Placed private School Children with Disabilities means:
Children with disabilities enrolled by their parents in private, including religious schools or facilities, that meet the definition of elementary school in 300.13 or secondary school in 300.36.

Follow Federal Regulation—300.131

…LEA responsible for Child find is the LEA where the child attends school.



New—follow Federal regulation— 300.131(f)
For purposes of implementing this section each LEA must include parentally placed private school children who reside in a state other than the state in which the private school they attend.

Follow New Federal Regulation—300.133(a)(2)(ii)—which, for RI practice results in the following:

Unless a private school has received school approval status as a elementary school in RI, it does not meet the definition of an elementary school for purposes of PPPSS. THEREFORE
Children placed in private pre school programs in RI that do not meet the definition of a elementary school are NOT considered PPPSS for purposes of proportional share.
NOTE: These children should look to the LEA of residence for IEP services (if appropriate)


Follow Federal Regulation—300.133(a)(3)

If LEA has not expended for equitable services for PPPSS all of the funds by the end of the year, the LEA must obligate the remaining funds for special education and related services to PPPSS during a carry-over period of one year.


Follow Federal Regulation—300.138(a)

HQT personnel standards do not apply to private school personnel providing equitable services to PPPSS.


State 60 Day Complaint Procedures
300.152(a)(3)(ii)



300.152(b)(1)(ii)




Complaints—
300.153(c)
One year limitation


Public Benefits or Insurance
300.154(d)








National Instructional Materials Accessibility Standard (NIMAS)
300.172



Subpart D—
EVALUATION,


Parent consent
300.300






300.300(b)





No evaluation—No violation
300.300(a)(3)


Re-evaluation
300.300(c)(i)




Home schooled or placed in a private school by parent—failure to provide consent—no override provision
300.300(d)(4)


Documentation re: consent
300.300(d)(5)








Additional Procedures for evaluating children with specific learning disabilities (SLD)

State criteria
300.307 (a)(2)




SLD determination
300.309







300.309(a)(3)
LEP added to disqualifiers





Data required when determining SLD is not due to lack of instruction
300.309(b)







Prompt parent consent must be sought
300.309(c)





Observation
300.310





300.310(b)


















New—term—
Specific documentation for the eligibility determination
300.311


300.311(a)(5)

















Documentation
300.311 (a)(6)










300.311(a)(7)



















INDIVIDUAL

Definition IEP
300.320


Excusal of IEP members
300.321(e)


300.322 records of attempts to involve parents













Changes to IEP w/out meetings
300.324 (a) (4)(ii)




Review/revision of IEP
300.324(b)




Independent Evaluation
300.502




Subpart E
PROCEDURAL

Notice
300.504










300.504(a)(3)















Resolution Process
300.510(b)(3)







Parent participation in Resolution
300.510(h)(4)











LEA failure to hold resolution
300.510(c)







Child’s status during proceedings for Part C transition
300.518




DISCIPLINE







Complain Procedure must afford the public agency/LEA an opportunity to respond to the complaint




60-day timeline can be extended if the parties engage in mediation or other alternative means of dispute resolution.



One year time limit on filing complaints—w/out exception


New—Each time public agency/LEA seeks to access the parent’s public benefits or insurance it must:
(1) obtain parental consent, and
(2) notify parent that refusal to allow access does not relieve the public agency/LEA of its responsibility to ensure all required services are provided at no cost to the parents



New—clarifies that all states MUST adopt the National Instructional Materials Accessibility Standard (NIMAS)





ELIGIBILITY, IEP,
EDUCATIONAL PLACEMENT


Initial Eval—public agency/LEA MSUT obtain parent consent prior to initial eval. And MUST make reasonable efforts to obtain the informed consent from parent for an initial eval.


Parent consent for initial services—Public Agency/LEA must make reasonable efforts to obtain informed consent from parent for initial provision of special education

Public agency/LEA does not violate its obligation under IDEA if it declines to pursue an evaluation


Clarifies if parent refuses consent for re-eval the public agency/LEA does not violate its obligations under IDEA if it declines to pursue re-eval or a evaluation


New—Home schooled or PPPSS—
parent failure to provide consent for initial eval or re-eval, or fails to respond to a request for consent, public agency/LEA may not use the consent override procedures, and the child is not considered eligible for services under PPPSS


New—in order for public agency/LEA to meet the reasonable efforts requirements to obtain parental consent for an initial eval, initial services or a re-eval, it must document its attempt to obtain parental consent using the procedures in 300.322(d)
Parent Participation









New—Criteria adopted by the State must permit the use of a process based on the child’s response to scientific, researched –based intervention.


Eligibility team MAY determine that a child has a SLD if the child does not achieve adequately for the child’s age or to meet State-approved grade level standards in one or more of 8 areas (i.e. oral expression, basic reading skill, etc.)


Adds LEP to list of other 5 conditions the team must consider are not the primary reason when determining if the child has a SLD




Adds …in order to ensure that underachievement for child suspected of having a SLD is not due to lack appropriate instruction in reading or math,
The group must consider…data that demonstrates that prior to, or as part of the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel.

New—adds that public agency/LEA must promptly request parental consent to evaluate a child suspected of having a SLD who has not made adequate progress after an appropriate period of time when provided appropriate instruction, and whenever the child is referred for an evaluation.

Removes the phrase…”trained in observation” and adds…the public agency/LEA must ensure that the child is observed in the child’s learning environment.


New—requires the eligibility group/team to decide to
(A) to use information obtained from an observation in routine classroom instruction and monitoring of the child’s performance that was done before the child was referred for evaluation., or
(B) have at least one member of the evaluation team conduct an observation of the child’s academic performance in the regular classroom after the child has been referred for an evaluation and parent consent obtained.




New—term (formerly written report)
Specific documentation for the eligibility determination





Regarding whether the child does not achieve commensurate with child’s age…regulations expanded to add:

“for the child’s age or to meet State-approved grade level standards consistent with 300.309(a)(1), and (A) the child does not make sufficient progress to meet age or to meet State-approved grade level standards consistent with 300.309(a)(2)(i) or (B) the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State –approved grade level standards or intellectual development consistent with 300.309 (a)(2)(ii).”

New-adds—
…the documentation must include a statement of the determination of the group concerning the effects of visual, hearing, or motor disability, mental retardation, emotional disturbance, cultural factors, environmental or economic disadvantage, or limited English proficiency on the child’s achievement level


New—adds—
…if the child has participated in a process that assesses the child’s response to scientific, research-based intervention, the documentation must include the instructional strategies used and the student-centered data collected, and documentation that the child’s parents were notified about
(A) the State’s policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided,
(B) strategies for increasing the child’s rate of learning, and
(C) the parents’ right to request an evaluation.


EDUCATION

Revised…replaces “regular education environment” with “regular class”


Clarifies that the “team” referred to for excusal purposes refers to the Team members in 300.321 (a) (2)-(5)


Adds requirement to include…
(1) Examples of the records a public agency/LEA must keep of its attempts to involve the parents in IEP meetings,
300.322 (d) and
(2) Requires public agency/LEA to take whatever action is necessary to ensure that the parent understands the proceedings of the IEP meeting, including arranging for an interpreter
For parents with deafness or whose native language is other than English
300.322(e)


New—adds requirement that if changes to a child’s IEP are made without an IEP meeting, the IEP team must be informed of the changes.



New—adds requirement that—
…in conducting a review of a child’s IEP, the IEP Team must consider the same special feature it considered when developing the child’s IEP.


New—parent entitled to only one independent evaluation at public expense each time the public agency/LEA conducts an evaluation with which the parent disagrees



SAFEGUARDS

Procedural Safeguard notice must be given
1. upon receipt of the first complaint for a due process hearing in a school year, and
2. upon receipt of the first State 60 day special education complaint





New—requirement to provide procedural safeguard notice when a change of placement occurs as a result of discipline removal













Except in circumstances where the parties have agreed to waive the resolution process or agreed to use mediation, if the parent fails to participate in the resolution process, the timelines for the resolution process and due process hearing will be delayed until the meeting is held.



New…if an LEA is unable to obtain the participation of the parent in the resolution process meeting after reasonable efforts have been made and documented using the procedures in 300.322 (parent participation) the LEA may at the conclusion of the 30 day resolution period, request the hearing officer dismiss the parent’s due process complaint (case)



New…if the LEA fails to hold the resolution meeting within 15 days of receiving notice of the parent’s due process complaint or fails to participate in the resolution meeting, the parent may request the hearing officer to begin the due process hearing timelines.



New…if a complaint involves an application for initial services under part B transitioning from Part C, the LEA is not required to provide the Part C services the child was receiving.


PROCEDURES

No current RI Regulation—But it is the current procedure effective July1, 2005



No current RI Regulation




Revises Current RI Regulation to remove timeline exceptions

No current RI Regulation










No current RI Regulation










No current RI Regulation





No current RI Regulation requiring reasonable efforts



No current RI Regulation



No current RI Regulation




No current RI Regulation








No current RI Regulation















New—Adds new criteria to RI Regulations 300.540-543


Revises & expands current RI Regulations
300.540-543




Revises and expands current RI Regulation 300.534





Revises and expands current RI Regulation 300.534









Not currently in RI Regulation







Revises current RI Regulation 300.542





Adds to and revises current RI Regulations 300.540-543















New term—replaces term “written report” found in current in RI Regulation 300.543




New—no current RI Regulation language
















New—language
not currently found in RI Regulations









New—not currently found in RI Regulations

















PROGRAMS

New term not currently found in RI Regulations

No current RI Regulation



Adds to RI Regulation 300.345














No current RI Regulation





No current RI Regulation





New—no current RI Regulation








Modifies RI Regulation 300.504










Expands on general notice requirements in RI Regulation 300.503, 504













No current RI Regulation








No current RI Regulation











No current RI Regulation








No current RI Regulation













No change in current RI practice






Follow Federal Regulation—300.152 (b)(1)(ii)
60-day timeline can be extended if the parties engage in mediation or other alternative means of dispute resolution.

Follow Federal Regulation—300.153(c ). One year time limit on filing complaints—w/out exception.

Follow Federal Regulation—300.154(d)
Each time public agency/LEA seeks to access the parent’s public benefits or insurance it must:

(1) obtain parental consent, and
(2) notify parent that refusal to allow access does not relieve the public agency/LEA of its responsibility to ensure all required services are provided at no cost to the parents

Follow Federal Regulation—300.172

Note: Refer to RIDE guidance issued September 5, 2006 & LEA assurance document







Follow Federal Regulation—300.300
Initial Eval—public agency/LEA MSUT obtain parent consent prior to initial eval. And MUST make reasonable efforts to obtain the informed consent from parent for an initial eval.

Follow Federal Regulations—300.300(b)
Parent consent for initial services—Public Agency/LEA must make reasonable efforts to obtain informed consent from parent for initial provision of special education

Follow Federal Regulation—300.300(a)(3)
Public agency/LEA does not violate its obligation under IDEA if it declines to pursue an evaluation

Follow Federal Regulation—300.300( c)
if parent refuses consent for re-eval the public agency/LEA does not violate its obligations under IDEA if it declines to pursue re-eval or a evaluation

Follow Federal Regulation—300.300(d)(4)
Home schooled or PPPSS—
parent failure to provide consent for initial eval or re-eval, or fails to respond to a request for consent, public agency/LEA may not use the consent override procedures, and the child is not considered eligible for services under PPPSS


Follow Federal Regulation—300.300(d)(5)
New—in order for public agency/LEA to meet the reasonable efforts requirements to obtain parental consent for an initial eval, initial services or a re-eval, it must document its attempt to obtain parental consent using the procedures in 300.322(d)
Parent Participation









Follow Federal Regulation—300.307(a)(2)
New—Criteria adopted by the State must permit the use of a process based on the child’s response to scientific, researched –based intervention.

Follow Federal Regulation—300.309
Eligibility team MAY determine that a child has a SLD if the child does not achieve adequately for the child’s age or to meet State-approved grade level standards in one or more of 8 areas (i.e. oral expression, basic reading skill, etc.)

Follow Federal Regulation—300.309
Add LEP to list of other 5 conditions the team must consider are not the primary reason when determining if the child has a SLD



Follow Federal Regulation—300.309(b)
Adds …in order to ensure that underachievement for child suspected of having a SLD is not due to lack appropriate instruction in reading or math,
The group must consider…data that demonstrates that prior to, or as part of the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel.


Follow Federal Regulation—300.309(c )
public agency/LEA must promptly request parental consent to evaluate a child suspected of having a SLD who has not made adequate progress after an appropriate period of time when provided appropriate instruction, and whenever the child is referred for an evaluation.

Follow Federal Regulations—300.310
Removes the phrase…”trained in observation” and adds…the public agency/LEA must ensure that the child is observed in the child’s learning environment.

Follow Federal Regulation—300.310(b)
New—requires the eligibility group/team to decide to
(A) to use information obtained from an observation in routine classroom instruction and monitoring of the child’s performance that was done before the child was referred for evaluation., or
(B) have at least one member of the evaluation
team conduct an observation of the child’s
academic performance in the regular
classroom after the child has been referred
for an evaluation and parent consent
obtained.

Use new federal term—300.311
Specific documentation for the eligibility determination





Follow Federal Regulation— 300.311
Add new language…

“for the child’s age or to meet State-approved grade level standards consistent with 300.309(a)(1), and (A) the child does not make sufficient progress to meet age or to meet State-approved grade level standards consistent with 300.309(a)(2)(i) or (B) the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State –approved grade level standards or intellectual development consistent with 300.309 (a)(2)(ii).”



Follow Federal Regulation—300.311 (a)(6)
add…
the documentation must include a statement of the determination of the group concerning the effects of visual, hearing, or motor disability, mental retardation, emotional disturbance, cultural factors, environmental or economic disadvantage, or limited English proficiency on the child’s achievement level.


Follow Federal Regulation— 300.311(a)(7)
add…
if the child has participated in a process that assesses the child’s response to scientific, research-based intervention, the documentation must include the instructional strategies used and the student-centered data collected, and documentation that the child’s parents were notified about
(A)the State’s policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided,
(B)strategies for increasing the child’s rate of learning, and
(C) the parents’ right to request an evaluation.


(IEP)

Follow Federal Regulation—300.320
replaces “regular education environment” with “regular class”

Follow Federal Regulation—300.321
Clarifies that the “team” referred to for excusal purposes refers to the Team members in 300.321 (a) (2)-(5)

Follow Federal Regulation— 300.322
add…
(1) Examples of the records a public agency/LEA must keep of its attempts to involve the parents in IEP meetings,
300.322 (d) and
(2) Requires public agency/LEA to take whatever action is necessary to ensure that the parent understands the proceedings of the IEP meeting, including arranging for an interpreter
For parents with deafness or whose native language is other than English
300.322(e)


Follow Federal Regulation—300.324(a)(4)(ii)

…if changes to a child’s IEP are made without an IEP meeting, the IEP team must be informed of the changes.

Follow Federal Regulation—300.324(b)
…in conducting a review of a child’s IEP, the IEP Team must consider the same special feature it considered when developing the child’s IEP.


Follow Federal Regulation—300.502
…parent entitled to only one independent evaluation at public expense each time the public agency/LEA conducts an evaluation with which the parent disagrees





Following Federal Regulation—300.504

Procedural Safeguard notice must be given
1. upon receipt of the first complaint for a due
process hearing in a school year, and
2. upon receipt of the first State 60 day special education complaint.
NOTE: LEAs required to sent out procedural safeguards when parent files a 60 day complaint w/ RIDE

Provide procedural safeguard notice in accordance with Federal Regulation—300,504 (a)(3)
For school removals beginning the 11th day (cumulative) during the school year and for each and every time the school further removes the child for discipline reasons after the child has received 10 days of removal during a school year.
(i.e. For a child that has received 10 days of school removal for discipline reasons, if the child is removed for the 11th day—provide notice. If the child is removed again for 3 days, provide notice. If the child is further removed for an additional 5 days, provide notice)

Follow Federal Regulation—300.510(b)(3)

Except in circumstances where the parties have agreed to waive the resolution process or agreed to use mediation, if the parent fails to participate in the resolution process, the timelines for the resolution process and due process hearing will be delayed until the meeting is held.

Follow Federal Regulation—300.510(h)(4)
…if an LEA is unable to obtain the participation of the parent in the resolution process meeting after reasonable efforts have been made and documented using the procedures in 300.322 (parent participation) the LEA may at the conclusion of the 30 day resolution period, request the hearing officer dismiss the parent’s due process complaint (case)



Follow Federal Regulation –300.510(c )
…if the LEA fails to hold the resolution meeting within 15 days of receiving notice of the parent’s due process complaint or fails to participate in the resolution meeting, the parent may request the hearing officer to begin the due process hearing timelines.



Follow Federal Regulation—300.518
if a complaint involves an application for initial services under part B transitioning from Part C, the LEA is not required to provide the Part C services the child was receiving.

Refer to separate RIDE Policy on Discipline
CONFIDENTIALITY

300.622(B)(2)




PPPSS
300.622(b)(3) New—parental consent must be obtained before personally identifiable information is released to officials of participating agencies that provide or pay for transition services.


New—consent is needed before personally identifiable information is released between officials in the LEA where the private school is located and the LEA where the parent(s) reside. No current RI Regulation





No current RI Regulation Follow Federal Regulation—300.622(b)(2)
…parental consent must be obtained before personally identifiable information is released to officials of participating agencies that provide or pay for transition services.

Follow Federal Regulation—300.622(b)(3)
consent is needed before personally identifiable information is released between officials in the LEA where the private school is located and the LEA where the parent(s) reside.