When are LEAs Required to Provide a Copy of the Notice of Procedural Safeguards to Parents?

My daughter and I had a lot of fun on a Northern European cruise this past summer.  Here is a picture of the canal in Nyhavn, Copenhagan.   To ensure that parents have knowledge about their rights under the federal and state special education laws, LEAs are required to provide a copy of the Notice of Procedural Safeguards to parents: 1) At least one time in a school year; and 2) Upon a referral or parent request for initial evaluation; 3) Upon the first formal complaint or due process complaint filed in a school year; 4) Upon a disciplinary removal from school that constitutes a change in placement; and 5) Upon parent request.

 

IEP Minute Tips

 

 

In some cases, the staffing minutes taken during an IEP meeting could be the clincher to demonstrating the implementation of a legally defensible IEP. It is where the team can explain exactly how they came to a decision and the factors considered. Necessary statements that don't seem to fit anywhere else in the IEP can be become part of the meeting documentation successfully through the minutes. Furthermore, when a parent files a complaint with the South Carolina Office of Special Education Services, typically, the first items of documentation requested from the Director of Special Education are the current IEP and meeting minutes.  Meeting minutes can also be very useful to special education directors and curriculum coordinators when they are invited to attend IEP meetings for students they have not had involvement with in the past and they need to review meeting history. 

The minute-taker holds a lot of responsibility for accurately expressing the flow and content of the meeting in writing.  It can be very difficult for the IEP team lead to conduct the meeting and take minutes at the same time.  Therefore, I have recommended to teams to designate a minute-taker other than the person leading the meeting.  Here a few tips that might be helpful to the minute-taker:

1.      Get a head start! Before the meeting begins, complete the top section of the minutes with identifying information and the purpose of the meeting. Make sure the purpose written on the minutes matches the purpose noted on the meeting invitation letter. If minutes are taken by hand, have several copies of blank pages so the meeting won't have to be stopped to get more pages in the event the meeting goes long.

2.   If parents ask to record the meeting and bring their own recording device, explain they are able to record the meeting but the school must also record.

3.   At the beginning of the meeting, account for additional members invited by the parents that are not on the invitation letter or invited members that could not attend.  For example, if a parent brings someone to the meeting, who was not in the invitation letter, note the name of that person and indicate they were invited by the parent as someone knowledgeable about the child’s special needs. If an invited team member is unable to attend, note the name of that person and note a substitute member (if applicable).  Note: team member excusal paperwork must be completed when applicable!

4.    Note that a Procedural Safeguards Notice was offered.

5.   Do your best to include parent comments and concerns as this verifies we provided the parents an opportunity to participate as an equal member in team decisions.

6.   You don’t need to write every word each team member says.  It may be helpful to summarize the outcome of discussions of topics.  For example, if the team discusses whether or not a student needs oral administration as an accommodation for several minutes, you may want to write the final outcome of the team decision and the supporting comments for why it is or isn’t appropriate.  Content in the IEP (IEP goals, minutes of service, etc.) doesn’t need to be repeated in the minutes.

7.   As the minute taker, you can always interrupt the meeting to ask for clarification of what someone said if you get behind. Accuracy is vital.

8.   If a mistake or correction is made in the minutes during the meeting, the minute taker should draw a line through what was written and initial the mistake or correction and date.

9.   At the conclusion of the meeting, the minute taker should read the minutes aloud to the team.  This will give the team an opportunity to review what was discussed and the services that will be put in place for the student.  It will also allow an opportunity to check for accuracy as incorrect notations can be corrected.

10. All IEP team members should sign in their designated areas.  If team members sign as “other” please remember to have them write their position/title on the designated line.

11.  Always provide a copy of the minutes to parents before they leave the meeting.

What Happens When an IEP Team Cannot Reach Consensus?

The public agency, or local education agency (LEA), is ultimately responsible for ensuring the provision of a free and appropriate public education (FAPE) to students with disabilities enrolled in their district.  If an IEP team is unable to reach consensus at meeting, it is never appropriate to "vote" on the outcome.  Rather, the LEA must determine the appropriate services and provide the parents or legal guardians prior written notice (PWN) explaining the services that will be provided.  If parents or legal guardians are not in agreement, they may seek resolution by initiating an impartial due process hearing or by filing a state complaint.  In the School District of Oconee County, if an IEP team is unable to reach consensus, the administrator serving as the LEA will make the final determination that will be noted in the subsequent PWN.  OSERS Letter to Richards is below.  Another reference for this topic is Buser v. Corpus Christi Indep. Sch. Dist., 20 IDELR 981 (S.D. Tex. 1994).

I hope all of our special educators are enjoying a well-deserved summer break!  I wanted to post an update on where our district is with regard to moving toward the production environment of Enrich which is a product of "Excent".  During our Summer Institute Training, we told special educators the plan was go to the production environment on July 31st.  Since then, we learned that all user roles would need to be reassigned once we "go live" which will take some time.  Therefore, our new goal is July 15th.  This will give Betty a couple more weeks to make sure everyone has appropriate access to work in the program.  There are basically three things we still need to do:  complete the validation/conversion/import process, import the PDF legacy documents (i.e., Excent IEP, placement history, and entry COSF), then remove all edit functions for Excent online.  Betty is on the phone everyday with our Enrich facilitator working diligently to make ongoing progress.  I'll be glad when SDOC crosses the threshold so we can make our way around the learning curve as quickly as possible.  In the end, I am confident all the work will be worth it as the product seems much more advanced and user friendly.

I was surprised and honored to receive an email from the editor of the Special Ed Connection publication.  I learned he was writing an article about how blogging can be useful to Special Education Directors and that he discovered my blog and wanted to use me as a reference.  Pretty cool!  Here is the resulting article.  Now I just need to find time to post regular updates. :)

 

Consider a 'director's blog' to reach stakeholders, save time

 

 

A blog published by a special education director or other key pupil services staff can provide stakeholders a portal for accessing district-specific guidance on best practices and district-specific issues, sources say. It also can help you to connect personally with teachers and parents at your schools.

Those benefits are invaluable, sources say, especially for districts that have many schools spread across a large geographical area.

"It's really hard for me to be out in the schools as much as I want to [be]," said Marge Bright, director of Special Services at the School District of Oconee County in South Carolina. So she launched Bright's Blog to reach out to general and special ed staffs and parents at the 20 schools in her district. "The blog ... saves me time," she said.

A department or director's blog can be a valuable resource for general and special educators and parents alike, sources say. So if you're interested in launching a blog, consider the benefits and tips below.

 

Share information, resources in 'seconds'

 

A blog can provide an efficient way for your special education department to share information and resources with stakeholders. You can use your blog, for example, to share teaching tools, state-specific guidance on student's rights, and notices of upcoming district-based events, such as parent training or transition fairs.

Diane Twait Nelsen, Elaine Cook, and Kris Ahrens, transition coordinators at the Prairie Lakes Area Education Agency in Iowa, said they wanted to launch a transition blog because they needed an easier way to communicate with teachers and parents. The Prairie Lakes AEA serves 44 districts spanning 8,000 square miles -- an area comparable in size to New Jersey.

But because they felt they lacked the expertise needed to launch it, they sought advice from their "tech guy," Cook said. So under the guidance of Prairie Lakes' director of innovation, Scott McLeod, the transition coordinators chose their publishing platform, purchased a template with the features they needed, and established a plan for developing, organizing, and posting content. Then, they launched Moving Students Forward.

Now, when questions arise in regard to topics such as student age of majority and guardianship issues in Iowa, they refer teachers and parents to their blog. That has minimized the time they spend fielding phone calls, writing emails, and driving to schools, said Nelsen, Prairie Lakes' transition chair. "Since there are only three of us," Cook added, "we've found it to be a lifeline."

"If you're not a real intuitive person with technology, it takes a little bit to figure [it] out," Ahrens said. But know that "once you have your template established and know how you want to organize things, you're able to post things in a matter of seconds."

 

Connect with parents, staff

 

When you can't meet with school staffs and parents as much as you'd like to, you can connect with them via your blog, sources say.

For example, if you include a comment box in your blog posts, you can initiate and moderate conversations with parents or staff and permit readers to ask questions about the topic at hand.

What's more, you can use your blog as a means to provide feedback and increase staff morale, Bright says.

"When I'm out in the schools, I post about my visits and things that were going on in the schools," she said. "It's a way to say 'Great job, you're doing a wonderful job. I liked what I saw in your classroom.'"

 

Answer FAQs just once

 

Consider posting answers to frequently asked questions, sources say. Doing so can minimize the time you spend fielding ongoing requests from teachers and parents for the same information.

When stakeholders request information, they want a personal contact, Nelsen says. But you can provide that with a short answer and then direct them to your blog.

That approach can be helpful, for example, to follow up after you conduct professional development or parent training, she said. So consider posting the training materials on your blog so they can be accessed again by participants.

"When I notice that there's a need for specific information for our teachers, that they're asking the same questions over and over, then I'll post something on my blog about that particular area," Bright said.

In fact, her state is preparing to change district procedures regarding the special education referral process, she said. So she'll be blogging to provide direction, timeline updates, and training to minimize the time that will be needed to answer teachers' questions on site.

"[Bright's Blog] is for parents, too," she said. So Bright writes posts that address questions parents frequently ask, including those related to bullying and harassment and discipline of students with disabilities.

Thus, keep parents in mind when you're blogging, she said. That way, when teachers or parents have questions, you can simply say, "Just go to my blog."

 

See also:  Guard against staffers' social media missteps (June 25)  RDA 'blog' reveals frustrations of parents, professionals (Sept. 7, 2012)

 

 

 

Paul James covers postsecondary transition and charter school issues for LRP Publications.

 

 

April 11, 2014

 

Copyright 2014© LRP Publications

 

Reprinted with Permission from: SpecialEdConnection®. Copyright © 2014 by LRP Publications, 360 Hiatt Drive, Palm Beach Gardens, FL 33418. All rights reserved. For more information on this or other products published by LRP Publications, please call 1-800-341-7874 or visit our website at www.specialedconnection.com.

 

I am happy to write that our district's on-site monitoring event is complete.  Of course, we have some areas we need to improve upon, but that is to be expected.  The monitoring team from the Office of Exceptional Children (OEC) were very cordial and complimentary.  I wanted to get an idea of how our district compared to other LEAs across South Carolina, so I asked the monitors which quartile our district would fall into with regard to compliance. The response was an emphatic "Top quartile!"   Our department values their feedback and we will work hard to provide training in an effort to improve how we do things.  In summary, we need to make the following corrections with regard to our policies, procedures and forms:  Update our Notice of Procedural Safeguards to include a revised revocation of consent provision, update our Baby Net Procedures, update our notification of parent's right to request additional information if the IEP determines that no additional data is needed, incorporate special education discipline procedures into our department procedures, and consider adopting uniform confidentiality policies and record review logging procedures at school sites.  In regard to IEP development, we need to provide ongoing staff training on the following topics:  drafting present levels of academic achievement and functional performance, drafting measurable annual goals, completing the LRE portion of the IEP (including removal justifications), drafting Prior Written Notice, and developing post-secondary goals and annual goals to assist with transition. 

Since I like to end things on a positive note, the OEC commended our District for:

• Excellent use of the District's website to convey information about policies, procedures and recent news relating to special education;
• Developing an internal monitoring system that identifies and corrects issues of noncompliance and promotes best practices for IEP development;
• Excellent communication with school sites regarding the development and implementation of IEPs;
• Surrogate parent policies that meet regulatory requirements;
• Making District forms available in Spanish;
• Good practices relating to confidentiality of student records and record access at the District level;
• Diligent work in staffing our special services programs with appropriately certified and highly qualified personnel;
• Meaningful parent participation in the IEP process;
• Ensuring required parties participate in the IEP team meetings;
• Adhering to IEP procedures and timelines;
• Considering special factors;
• Disciplining students with disabilities;
• Updating post-secondary goals annually and using age appropriate transition assessments;
• Appropriately documenting transition services and courses of study in the IEP;
• Implementing IEPs as drafted by IEP teams;
• Sending appropriate and timely progress reports;
• Providing general education teachers notice of accommodations and behavior intervention plans; and,
• ]Recording the provision of specialized instruction and related services throughout the District.

I am very proud of our special educators, general education teachers, paraprofessionals, and administrators.  If you read this...THANKS!  You make Oconee County shine!

Suspension of Students without Disabilities

According to IDEA 2004, within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the local educational agency (LEA), the parent, and relevant members of the IEP Team (as determined by the parent and the LEA) shall review all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine: (i)  If the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or (ii)  if the conduct in question was the direct result of the LEA's failure to implement the IEP.  If the LEA, the parent, and relevant members of the IEP Team determine that the conduct in question was not a manifestation of the child's disability or due to the LEA's failure to implement the IEP, discipline procedures applicable to all students in the LEA may be applied. 

According to South Carolina statute 59-63-220, "Any district board may confer upon any administrator the authority to suspend a pupil from a teacher's class or from the school not in excess of ten days for any one offense and for not more than thirty days in any one school year but no such administrator may suspend a pupil from school during the last ten days of a year if the suspension will make the pupil ineligible to receive credit for the school year without the approval of the school board unless the presence of the pupil constitutes an actual threat to a class or a school or a hearing is granted within twenty four hours of the suspension."

Day 2 of On-site Monitoring

Today is the second day of on-site monitoring in the School District of Oconee County conducted by South Carolina's Department of Education, Office of Exceptional  Children.  Yesterday, the team conducted group interviews with parents, administrators, and special education providers and reviewed special education records for compliance.  Today, the majority of the team is conducting IEP implementation monitoring on the following campuses:  Northside Elementary, Keowee Elementary, West-Oak Middle, West-Oak High, Walhalla Middle, and Walhalla High.  A concluding conference with me, the Special Education Director, will take place sometime this afternoon.  I'm looking forward to the feedback that will help our department in our continuous efforts to improve outcomes for students with disabilities and support to our special educators and administrators. 

Review of Records: Student Selection for Participation in On-site Monitoring

The School District of Oconee County completed the pre-collection data submission process for on-site monitoring on October 31, 2013.  Therefore, we are expecting our list of participating schools and students any day now.  Student records selected for participation will come from two elementary, two middle, and two high schools in our district.  The subset of 35 to 50 students will include students who, in the past year, have:

 

*transitioned from Part C to B (were receiving services before the age of 3 through  Baby Net then were determined eligible for an Individualized Education Plan and were placed as a child with a disability in our district no later than their 3rd birthday)

*received an initial evaluation

*been removed from school more than 10 days or have been placed at an alternative placement

*reached age of majority

*revoked consent for services

 

A broad range of students will be selected to include different grade levels (preschool through high school), different eligibility categories, different levels of least restrictive environment, and different schools and settings.  Transition services will also be reviewed when applicable. 

What Records Will Schools Need to Make Available to the On-site Monitoring Teams?

For the on-site visit, schools will need to provide the following records to the monitoring team for each student selected:

1. Complete special education file
2. Attendance records for the past year
3. Current class schedule
4. Evidence of service provision (for current school year)
5. Incident Management reports from PowerSchool

Individual schools will need to consider who will gather and present this information.  For example, for items 2, 3, and 5, in some schools it may be easier for the PowerSchool operator to print the information in advance then give it to the special education teacher who will keep all records together for each student selected.  We should have our list of participating schools and  students selected within the next two weeks.  School District of Oconee County administrators are encouraged to contact Marge Bright, Director of Special Services, with any questions related to the on-site monitoring process. 

How Should Special Education Teachers Prepare for On-site Monitoring at the School Level?

 

Special education teachers should prepare for school level on-site monitoring by doing the following:

1) Organize individual student IEP folders chronologically with the newest information on top.  Clip all documentation related to each meeting together (e.g., Notification of Meeting Letters/Responses, resulting IEP, Prior Written Notice, progress reports, etc.).

2) Have all IEP implementation documentation ready for review (e.g., class schedules, attendance records, service logs, etc.).

3) Make sure progress reports are up to date.

4) Be prepared to show evidence that general education teachers received notice of classroom accommodations written in the IEP that must be provided in the general education classroom.

5) For students with Behavior Intervention Plans (BIPs), be able to show evidence that school site administrators and general education teachers are familiar with the plan and are prepared to implement the plan when necessary.

 

Many thanks to our hard-working special educators as we prepare to demonstrate that the School District of Oconee County strives to provide a free and appropriate public education to students with disabilities while adhering to the procedural and substantive requirements of the Individuals with Disabilities Education Act. 

 

 

What Will On-site Monitoring Look LIke in SDOC?

According to training provided by South Carolina's Office of Exceptional Children, the school district of Oconee County can expect a team of about 8 members to visit our district on December 4th and 5th.  On December 4th, all on-site monitoring team members will work from the district office. Following a 30-minute LEA district presentation in the morning, two members of the on-site monitoring team will conduct focus group interviews with school site administrators, special education teachers and parents of the students randomly selected for review.  The group interviews will last about an hour. The remaining team members will conduct psychological folder reviews. 

On December 5th,  the on-site monitors will break up into three teams and will arrive at schools around 8:30 a.m.   From 9:00-11:15, they will conduct IEP implementation reviews at two elementary and one middle school.  From 12:30-2:45, they will conduct IEP implementation reviews at one middle and two high schools. They will debrief from 3:15-4:00 then will meet with the Director of Special Services for a concluding conference. 

 

 

Preparing for On-Site Monitoring from the Office of Exceptional Children

The School District of Oconee County will welcome on-site monitors from South Carolina's Office of Exceptional Children on December 4th and 5th, 2013.  Our local educational agency was selected for on-site monitoring according to the cyclical plan for the state.  The four parts of the monitoring process include:

1. Policies and Procedures Review--desk audit
2. IEP Development--desk audit of EXCENT IEPs and on-site review of student files
3. IEP Implementation--On-site visits to schools with review of student schedules, service logs, attendance records, and IEP progress reports
4. Other Data Collection--616/618 data, general education teacher and parent online survey results, and in-person interview information (parents, school administrators, special education teachers and service providers).

Our first round of data  (LEA policies, procedures, forms and staffing) was submitted Friday, September 13th.  Round two data (updated staffing information, student information spreadsheet, and email lists for teachers and parents participating in the online survey) will be sent in the next two weeks. 

I want to thank all of our special educators and administrators for their hard work in preparing for our visitors.  I am confident our district will benefit from the experience as we continue to strive to provide a free and appropriate public education to our students with special needs. 

Responding to Allegations of Disability Harassment in Schools--Advice for Administrators

I highly recommend that administrators investigate all incidents of reported harassment.  This practice protected a school district from having to make a private school placement at parental request (Waco Independent School District, 59 IDELR 57, SEA TX 2012) when the parent of a student with Asperger syndrome alleged that bullying was the cause of her child's school anxiety.  School officials investigated and found no evidence of threats to the child's safety.  They also provided documentation that the alleged bullying didn't prevent access to learning and that the student had normal intelligence and could participate in the general curriculum with appropriate support.  The independent hearing officer over this case commented that it seemed as though the student was experiencing the normal stages of growing up and that his Asperger syndrome may have contributed to his negative thoughts regarding peer communications.  When allegations of bullying and/or harassment are made, the subsequent investigation could include interviews with multiple witnesses (if applicable) to help verify that statements are accurate.  In some cases, the responses may reveal that comments were mean or rude versus meeting the definition of bullying or harassment.  Reviewing student records (e.g., IEPs, developmental history, functional behavior assessments/behavior intervention plans, and discipline records) may also help clarify if a student's disability may be impacting his or her self perceptions and the interpretation of the meaning of other students' comments during social interaction.  IEP teams may determine it is in a child's best interest to make changes to his or her IEP even if bullying or harassment is not taking place.  In the Waco case, the team may have considered adding a goal to improve social skills and interpreting communication cues.   

Transition Services and Individual Graduation Plans

My daughter sent me this photo of her friend's courtyard in Cairo. When I visited a couple summers ago someone told me that taxes are not paid on homes and buildings under construction. I guess that explains all the rebar I saw when touring.

It is very important that special education teachers and guidance counselors work together when documenting transition services in Individual Education Plans (IEPs) and when developing Individual Graduation Plans (IGPs).
Under S.C. Code Ann. Section 59-59-140 (2004), an IGP must be developed detailing the courses necessary for the student to prepare for graduation and to successfuly transition into the workforce or postsecondary education. An IGP must do the following:

1. align career goals and a student's course of study;



2. be based on the student's selected cluster of study and an academic focus within that cluster;



3. include core academic subjects, which must include, but are not limited to, English, math, science, and social studies to ensure that requirements for graduation will be met;



4. include experience-based, career-oriented learning experiences including, but not limited to, internships, apprenticeships, mentoring, co-op education, and service learning;



5. be flexible to allow change in the course of study but be sufficiently structured to meet graduation requirements and admission to postsecondary education;



6. incorporate provisions of a student's individual education plan, when appropropriate; and,



7. be approved by a certified school guidance counselor and the student's parents, guardians, or individuals appointed by the parents or guardians to serve as their designee.
   

The IGP should help guide the development of the IEP and decisions regarding the course of study should relate directly to present levels of performance and the student's post-secondary goal.

IEP teams should ask these questions:

"Do the transition courses of study focus on improving the academic and functional achievement of the student to facilitate movement from high school to post-secondary school?"

"Do the student's courses and other educational experiences align with the post-secondary goals and the IGP?"

Under What Circumstances Must An IEP Team use FBAs and BIPs?

My daughter took this picture of a friend's gazebo in Cairo.

Pursuant to 34 CFR section 300.530(f), FBAs and BIPs are required when the LEA, the parent, and the relevant members of the child's IEP team determine that a student's conduct was a manifestation of his or her disability under 34 CFR section 300.530(e). If a child's misconduct has been found to have a direct and substantial relationship to his or her disability, the IEP team will need to conduct a FBA of the child, unless one has already been conducted. Similarly, the IEP team must write a BIP for this child, unless one already exists. If a BIP already exists, then the IEP team will need to review the plan and modify it, as necessary, to address the behavior.

For a child with a disability whose behavior impedes his or her learning or the learning of others, and for whom the IEP team has decided that a BIP is appropriate, or for a child with a disability whose violation of the code of student conduct is a manifestation of the child's disability, the IEP team must include a BIP in the child's IEP to address the behavioral needs of the child.

Yes...my daughter is still in Cairo. She took this picture of a father and son riding on a burro. I believe she still prefers a cab.

In Johnston County (NC) Schools , 56 IDELR 305 (OCRXI, D.C. (NC) 2011), the Office for Civil Rights (OCR) determined that a school district violated Section 504 of the Rehabilitation Act of 1973 when it conducted a manifestation determination review (MDR) after a student with ED and ADHD completed his suspensions. OCR explained that under Section 504 a reevaluation, including a MDR in the case of a disciplinary exclusion, must occur prior to a signficant change of placement. On February 5, 2010, the school district imposed a 10-day suspension to take effect the same day. However, the district had suspended the student two times earlier in the year. When MDR concluded that the student's conduct was a manifestion of the student's disability the parent claimed the school district violated Section 504 by imposing suspension prior to the MDR. In the case of a series of short-term suspensions, the MD review must occur prior to the last in a series of suspensions that cumulatively amount to more than 10 days.

Yes...it has been a long time since my last post. I've been working feverishly on my research to finish my dissertation. What a sweet day it will be when it is said and done! My daughter came home from Cairo for two weeks during the protests then returned as soon as Mubarak stepped down and classes at the American University in Cairo resumed. Here is another pic from the cab on our way to tour the pyramids last August.

Perry A. Zirkel, University Professor of education and law at Lehigh University, requested that I share the following opportunity with my readers:

Special Education Law Symposium 2011
June 26 - July 1, 2011
Lehigh University is offering its successful and intensive one-week Special Education Law Symposium under the co-direction of Drs. Perry Zirkel and James Newcomer. Presenters at the Institute will provide a practical analysis of legislation, regulations, and case law relating to the education of students with disabilities. Featuring a faculty of legal experts from several states, the program offers two parallel tracks—one for basic and the other for advanced practitioners. The workshop is offered alternatively for graduate or continuing education credit.
The keynote speaker will be Dr. Melody Musgrove, Director of the Office of Special Education Programs, U.S. Department of Education.
To view the program details or register, visit our website: http://www.lehigh.edu/education/law
and follow us on Facebook: Special Education Law Symposium - Lehigh University.

For questions contact Sharon Fehlinger at srf5@lehigh.edu or 610-597-4643. Please disseminate this information to any interested colleagues.

Parental Consent for the Initial Provision of Special Education and Related Services

This is a picture of my daughter standing on the balcony of our hotel (Dusit Thani) in New Cairo. There was an "oasis" outside our window but beyond that is it mostly sand and new construction homes.

The Special Education Process Guide for South Carolina revised 10/1/10 clarifies that when a parent provides consent for the initial provision of special education and related services it does not mean the parents are consenting to each service included in the initial IEP developed for their child. This consent requirement only applies to the initial provision of special education and related services generally, and not to the particular special education and related services to be included in the child's initial IEP. In order to give informed consent to the initial provision of special education and related services under 34 CFR Section 300.300(b)(1), parents must be fully informed of what special education and related services are and the types of services their child might need, but not the exact program of services that would be included in an IEP to be developed for their child. Once the LEA has obtained parental consent and before the inital provision of special education and related services, the IEP team would convene a meeting to develop an IEP for the child in accordance with 34 CFR Sections 300.320 through 300.324.

What About a Guardian Ad Litem?

This is a random picture I took while traveling from the Cairo International Airport to our hotel. Notice all the sand on the road...

Page 46566 of the comments to the IDEA 2004 regulations explains "We agree that guardians with limited appointments that do not qualify them to act as a parent of the child generally, or do not authorize them to make educational decisions for the child, should not be considered to be a parent within the meaning of these regulations." What this means...there are differnt kinds of guardians who serve in different roles as authorized by the State. In South Carolina, a Guardian ad Litem is a volunteer trained to perform five important functions: investigator, reporter, spokesperson, monitor, and protector. This person would not be able to make educational decisions on behalf of the child (e.g., receive notice, give or revoke consent, file formal complaints, request mediation, file for a due process hearing, give or deny permission for release of records, etc.) unless a court authorized them to act as a child's parent. If in doubt, school officials need to ask for documentation from a court authorizing the guardian to make educational decisions.