Special Education Law

Front

How many days in advance must a parent be notified of an ARD meeting?

Back

Five days

Answer explanation

Parents must receive a five-day notice regarding the focus of the meeting and who is expected to attend.

Front

Procedural Safeguard requires a Notice for all except...
Options: Initiative or change student's evaluation, change of placement, change of provision of FAPE, change of homeroom teacher

Back

change of homeroom teacher

Answer explanation

Best practices- notify parents when there is a change of classroom teacher.

Front

Is consent required for any evaluation, including 3-year re-evaluations?

Back

True

Answer explanation

True. Test administered to class or grade level does not require consent.

Front

ARD Committee Members are

Back

Parent; General Education Teacher of the child; SPED teacher of the child; LEA representative; a person who can interpret the instructional implications of the evaluation results

Answer explanation

34 CFR §300.321 IEP Team.

General. The public agency must ensure that the IEP Team for each child with a disability includes the parents of the child; Not less than one regular education teacher of the child (if the child is, or maybe, participating in the regular education environment); Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child; A representative of the public agency who—Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; Is knowledgeable about the general education curriculum; and is knowledgeable about the availability of resources of the public agency. An individual who can interpret the instructional implications of evaluation results, which may be a member of the team described in paragraphs (a)(2) through (a)(6) of this section; At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and whenever appropriate, the child with a disability.

Front

Is the district required to pay attorney fees for a parent during a recorded ARD meeting?

Back

No. Law states the parent may not recover attorney fees in connection to ARD attendance unless administrative proceedings or judicial actions

Answer explanation

Parents receive recovery of attorney fees when they prevail in litigations. The school district can limit or eliminate payments through a "well-timed settlement offer." P.99