NAP- Neighborhood Alliance of Pawtucket

IDEA 2004 Regs vs RI Education Regs

What needs to be changed for RI to comply?

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:

obtain parental consent, and
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

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
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

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,
strategies for increasing the child’s rate of learning, and
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…

Examples of the records a public agency/LEA must keep of its attempts to involve the parents in IEP meetings,
300.322 (d) and

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

upon receipt of the first complaint for a due process hearing in a school year, and
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:

obtain parental consent, and
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

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
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

upon receipt of the first complaint for a due
process hearing in a school year, and

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.