Sorry, but there are no more tags available to filter with.
-
Current Article 7 language includes a two-tiered due process system. At tier one, an independent hearing officer renders a decision regarding the issues. After the hearing officer renders a decision, the parties can appeal the decision to the Board of Special Education Appeals. IDEA ‘04 does not require...
-
Under IDEA ‘04, a written, signed resolution agreement is enforceable in state or federal court. IDEA ‘04 also allows states to use other mechanisms to seek enforcement of a written resolution agreement, provided that the use of those mechanisms is not mandatory and does not delay or deny a party the...
-
After a party files a request for a due process hearing, IDEA ’04 gives the opposing party 15 calendar days to allege that the request for a hearing is insufficient. There is no requirement under IDEA ‘04 that a party identify how a hearing request is insufficient. However, proposed Article 7 requires...
-
Under IDEA ‘04, a written, signed mediation agreement is enforceable in state or federal court. IDEA ‘04 also allows states to use other mechanisms to seek enforcement of a written mediation agreement, provided that the use of those mechanisms is not mandatory and does not delay or deny a party the right...
-
Current Article 7 language asks parties in mediation to sign a confidentiality pledge prior to beginning a mediation session. However, IDEA ‘04 and proposed Article 7 deleted this requirement because: (1) language in IDEA ‘04 specifically states that discussions that occur during a mediation session...
-
When a complaint is filed against a public agency, IDEA ‘04 gives the public agency an opportunity to respond to the complaint. The public agency can either submit a proposal to resolve the complaint, or it can agree to voluntarily engage in mediation if a parent filed the complaint. Because of this...
-
Under IDEA ‘04, a case conference committee (CCC) must answer the following two questions when determining if a student’s misconduct is a manifestation of the student’s disability: is the conduct in question caused by or does it have a direct and substantial relationship to the student’s disability;...
-
Under IDEA ‘04, a school can remove a student to an interim alternative educational setting (IAES) for 45 instructional days for offenses involving weapons, drugs, or serious bodily injury. Current Article 7 language allows these types of removals to last 45 calendar days, but proposed Article 7 allows...
-
Current Article 7 requires certain types of medical records or medical evaluations (e.g., written reports and written diagnostic statements) to be included in educational evaluations for 7 of the 13 exceptionality categories. Proposed Article 7 requires medical information for three exceptionality categories...
-
511 IAC 7-26-8 requires public agencies to use a discrepancy model to determine if a student has a learning disability. Under this model, public agencies analyze the difference in scores between norm-referenced assessments measuring cognitive ability versus academic achievement. IDEA ‘04 prohibits states...