If a Child Was Found Eligible for Special Education Under Emotional Disabilities Must They Have a Behavioral Goal Or May They Have Only Academic?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, measurable annual goals should never be dependent upon the child’s label; the goals should always be related to the individual child’s needs. Therefore, some ED students will need behavioral goals, but others may not. The issue with many children with ED is that their behavior has interfered with their learning for so long, that even when their behavior comes under better control, they frequently continue to have academic deficits. The present levels should clearly describe how the child’s disability impacts their ability to access and progress in the general education curriculum. Based upon the information the IEP team has, the team will need to prioritize needs and identify the goals, accommodations, behavior plans or other services needed to address the impact of the disability. Depending upon the results of the assessment the child may have need for a behavioral goal and/or and academic goal. Either would be appropriate. For children whose behavior has improved, celebrate the achievement, and continue to address the issues around how their disability impacts their ability to access and progress in the general curriculum.

I want to say "Thank You" to my faithful readers for hanging in there. We have covered chapters 1-4 of the Q and A section of the regulations. I will pick back up in August when school resumes. I hope you enjoy a wonderful summer break!

Can An Attorney Come To An IEP Meeting On Behalf of the Parent Or LEA?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, an attorney may attend an IEP meeting if the parents or LEA believe an attorney is needed. However, the presence of an attorney is strongly discouraged as it often sets an adversarial tone for the meeting. If the attorney is coming at the invitation of the LEA they must be included on the notice of meeting provided to the parents. Parents are encouraged, but are not required, to inform the LEA of any additional persons they are bringing regardless of who they are.
In the School District of Oconee County, if a parent brings an attorney to an IEP meeting and the district does not have legal counsel present the meeting is postponed until a mutually agreed upon time when both parties have attorneys. It is extremely important that special education teachers schedule their annual review IEP meetings at least one week in advance of the expiration date of the IEP in the event the meeting needs to be rescheduled for any reason.

Can IEP Meetings Be Recorded on Audio or Video Recorders?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, there is no federal or state statute or regulation that either authorizes or prohibits the recording of an IEP meeting by either a parent or a school official. The district has the option to require, prohibit, and regulate the use of recording devices at IEP meetings. If there is a local policy that prohibits or limits the use of recording devices at IEP meetings, that policy must provide for exceptions if they are necessary to ensure that the parent understands the IEP or the IEP process or to ensure parental rights guaranteeed under Part B. If a policy is adopted by a LEA it should also ensure that it is uniformly applied. Additionally, any recording of an IEP meeting maintained by the school is an "education record" within the meaning of the Family Educational Rights and Privacy Act ("FERPA": 20 U.S.C. 1232g.), and is subject to the confidentiality requirements of both FERPA and IDEA.)

In Oconee County, most meetings are not recorded. If a parent, agency representative, or other team member not affiliated with the school district chooses to record the meeting, the LEA or other school representative at the meeting should also record. If a recorder is not available, the meeting should be postponed until one can be located.