Tuesday, December 15, 2009

Services Must Be Provided with Clarity


Julie Weatherly featured an article in a journal titled In Case, Volume 48, Numbers 4-6; and in Volume 49, Numbers 1-2. The title of the article is Avoiding Legal Disputes in Special Education: 21 Training Points for Administrators. According to Weatherly, "The amount of services offered by the school agency must be set forth in the IEP in a fashion that is specific enough for parents to have a clear understanding of the level of commitment of services on the part of the school agency. Among other things, clarity will help to avoid misunderstandings that often lead to litigation. For example, to indicate during the meeting that a range of services will be provided, such as '3 to 5 periods per day of special education services' would not be sufficient to relate specifically what the student will be receiving. Similarly, without language defining the criteria for determining the need for a particular service, statements like 'she will receive occupational therapy on an 'as needed basis' may very likely lead to misunderstanding on the part of the parents and the school agency personnel responsible for providing the service. Finally, offering three possible programs for a parent to consider is not sufficient to constitute a clear commitment of services on the part of the school agency."

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