Legal Aspects of Special Education

1
Legal Aspects of Special Education

• Long Island Advocates, Inc.
• Doreen Cordova, Esq.
• www.longislandadvocates.com
• 516-496-3606 Office
• 516-244-1551 Cell

2
Definitions of Disability

• A child with disability means a child evaluated
  with 300.304-300.311 as having
• Mental Retardation
• Hearing Impairment (Including Deafness)
• Speech or Language Impairment
• Visual Impairment (Including Blindness)
• Serious Emotional Disturbance (ED)
• Orthopedic Impairment
• Autism
• Traumatic Brain Injury
• Other Health Impairment
• Specific Learning Disability
• Deaf
• Blindness
• Multiple Disabilities

3
No Child Left Behind

• Children with disabilities must be considered as
  general education students first. Under No Child
  Left Behind(NCLB), states are responsible for
  implementing a single accountability system for
  all students based on strong academic standards
  for what every child should know and learn,
  including children with disabilities.

4
Individuals with Disabilities Education Act (IDEA)

• Individuals with disabilities Educational Act
  (IDEA) must incorporate the NCLB principals of
  assessment for children receiving special
  education and align with NCLB accordingly to
  enhance state efforts to improve student
  achievement.

• Citing recommendations made by the Presidents
  Commission on Special Education.

5
The purpose of IDEA is to

• Ensure that all children with disabilities have
  available to them a free and appropriate public
  education (FAPE) that emphasizes special
  education and related services designed to meet
  their unique needs and prepare them for further
  education, employment, and independent living
• Ensure that the rights of children with
  disabilities and their parents are protected
• Assist States, localities education service
  agencies, and Federal agencies to provide for the
  education of all children with disabilities
• Ensure that educators and parents have the
  necessary tools to improve educational results
  for children with disabilities by supporting
  systemic-change activities coordinated research
  and personnel preparation coordinated technical
  assistance, dissemination and support and
  technology development and media services and
• Assess and ensure the effectiveness of efforts to
  educate children with disabilities.

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Who is protected under IDEA?

• Children ages 3-21 who are determined by a
  multi-disciplinary team to be eligible within one
  or more of the 13 specific categories who, need
  special educaiton and related services are
  protected under IDEA.

7
Early Intervention Services

• Early intervening services are a new in IDEA
  2004. They focus on proven methods of teaching
  and learning based on replicable research IDEA
  1413(f)

8
Section 504

• Section 504 of the Rehabilitation Act of 1973 is
  an antidiscrimination law that protects the
  rights of children with special needs who may or
  may not be in special education.
• A person eligible for services or accommodations
  under Section 504 has a physical or mental
  impairment that substantially limits one or more
  major life activities.

9
504 continued

• A child can have a disability and yet not receive
  special education services.
• If there is an identified disability, yet there
  is not an adverse effect on education
  performance, the child may receive accommodations
  through a Section 504 accommodation plan.

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Purpose of Section 504

• Ensures equal access in programs and activities
  that receive Federal financial assistance.
• 504 was enacted to level the playing field to
  eliminate impediments and eradicate barriers to
  full participation by persons with disabilities.

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Section 504 is intended to

• Prevent intentional or unintentional
  discrimination against
• Persons with disabilities
• Persons who are believed to have disabilities or
• Family members of persons with disabilities.

12
Who is protected under 504?

• Section 504 covers a variety of students
  extending beyond those eligible under the IDEA.
• The critical question regarding Section 504 is
  whether the students impairment substantially
  limits the ability to learn.

13
Special Education

• Specially designed instruction to meet the
  unique needs of a child with a disability,
  including instructions conducted in the
  classroom, in the home, in hospitals and
  institutions and in other settings and
  instruction in physical education. 34CFR300.39

14
Related Services

• Under the IDEA, related services are defined as
  including transportation and developmental,
  corrective and other supportive services as
  required to assist a child with a disability to
  benefit from special education. 34 300.34(a)

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Related Services

• Related services can include
• Speech-Language
• Audiology services
• Interpreting services
• Psychological services
• Physical therapy
• Occupational therapy
• Recreation
• Early identification and assessment of
  disabilities in children
• Counseling services
• Orientation and mobility services
• Medical services for Diagnostic evaluations.

• Also included
• School health services that a school nurse would
  offer
• Social work services
• Parental counseling and training
• Excluded from Related Services
• Medical devices that are surgically implanted
• Optimization that devices functioning
• Maintenance of that device
• Replacement of that device

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Child Find Requires school districts to
identify, locate and evaluate all children with
disabilities and determine which children are and
are not receiving special education and related
services. This includes children who are
homeless, wards of the state, and children who
are attending private school.

• Child find is a screening that identifies those
  children who are, or are suspected of, having a
  disability and being in need of special education
  or related services. Children so identified must
  then undergo and initial evaluation to confirm
  eligibility.

• Failing to locate, identify, and evaluate a child
  with a disability is a matter of serious concern.
  
• Such failure can resulting the depravation of a
  Free and Appropriate Education, (FAPE).
• Failing to identify could possibly lead to
  compensatory education or tuition reimbursement
  accruing from the time the district first should
  have suspected disability.

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III. Process of Referral Evaluation

• A. Why Refer Problems in Learning, Social
  Interaction, and Behavior that are continual
  despite parental and school efforts (Failure of
  Response to Intervention)

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(No Transcript)
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Initial Evaluations

• Parents, departments of education, state agencies
  and school staff may request an initial
  evaluation.
• The school must obtain parental consent before
  conducting the initial evaluation.
• If the parent does not consent to an evaluation,
  the district may pursue due process against the
  parent.

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Initial Evaluations

• The initial evaluation and eligibility must be
  completed within 60 days of receiving parental
  consent.
• Parental consent for an evaluation is not consent
  for the child to receive special education
  services.

• 60 day time frame does not apply if parent
  refuses to cooperate or produce child for
  testing, child enrolls in another school district
  after the 60 day period has began and prior to a
  determination the previous district as to whether
  the child is a child with a disability.

21
The school must obtain informed parental consent
before providing special education services
22
A school district can refuse to conduct the
initial evaluation of a child if they have no
reasonable basis for suspecting that the child
has a disability. The districts right to refuse
to conduct an initial evaluation specifically
includes its right to refuse to evaluate upon
parental request.
23
Parents may request a special education
evaluation at any time their request does not
automatically trigger the right to an evaluation.
Districts should investigate thoroughly the
possible existence of a disability before
refusing to evaluate.
24
If a school district refuses to evaluate a child,
parents must be notified in writing and such
notice must include

• A description of the refused activity
• An explanation of why the district refused to
  evaluate the child
• A statement that the parents have protection
  under the IDEAs procedural safeguards and the
  means by which they can obtain a description of
  those safeguards
• Sources for parents to contact to obtain
  assistance in understanding the law and
• A description of any other options considered and
  other factors relevant to the districts decision
• Section 34 CFR 300.503(b)

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Evaluations

• What is an evaluation?

• What is a reevaluation?

• An evaluation is the initial step in the
  provision of special education to a student with
  a disability
• It is important to have an accurate and thorough
  evaluation
• The evaluation is key to detecting the existence
  of a students disability or disabilities and it
  sets the parameters of the course of special
  education and related services that will follow
  the student if determined eligible.
• Evaluations must conform to specific procedural
  requirements set out in the idea.

• The school is not required to reevaluate a child
  more often than once a year, unless the parent
  and school agree to more frequent evaluations.
• The school shall evaluate at least every three
  years, unless the parent and school agree that a
  reevaluation is unnecessary.
• The school must reevaluate if the changing
  educational needs warrant a reevaluation OR if
  the childs parents or teacher request a
  reevaluation.

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Initial Evaluation Procedures and Instruments

• Generally, the requirement under the IDEA
  mandates that a full and individual initial
  evaluation be conducted prior to initial
  placement in a program of special education.
  section34 CFR 300.301(c)(2)
• Conducting initial evaluations on compliance with
  the law is critical, the regulations set out key
  specific requirements for the conduct of
  evaluations, many of which appear in the IDEA
  statute.

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Key specific requirements for the conduct of
evaluations

• Assessments and other evaluation materials must
  be selected and administered so as not to be
  discriminatory on a racial or cultural basis.
  Section 34 CFR 300.304(c)(1)(i)
• Assessments and other evaluation materials must
  be provided and administered in the students
  native language Section 34 CFR 300.304(c)(1)(ii)
• Assessments and other evaluation materials must
  be used for purposes for which they are valid and
  reliable must be administered by trained and
  knowledgeable personnel and must administered in
  accordance with any instruction provided by the
  producer. Section 34 CFR 300.304(c)(1)(iii)-(v)
• Assessments and other evaluation materials must
  include those tailored to address specific areas
  of educational need and not merely those that are
  designed to provide a single general intelligent
  quotient. Section 34 CFR 300.304 (c)(2)
• (List not inclusive)

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Response to Intervention (RTI)

• How to identify a child with special education
  needs, which requires interventions.
• The law has moved away from using discrepancy
  models to identify children with specific
  learning disabilities.
• The school is not required to determine if the
  child has a severe discrepancy between
  achievement and intellectual ability to find that
  the child has a specific learning disability and
  needs special education services
• The school may use response to intervention to
  determine if the child responds to scientific,
  research-based intervention as part of the
  evaluation. Section 1414(b)(6)

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Independent Educational Evaluations

• Parents have the automatic right to obtain an IEE
  at any time during their childs education,
  assuming the IEE meets the agency criteria and
  they have the right to have the IEE considered by
  the school district in a decision made with
  respect to providing FAPE for the student.
  Section 34 CFR 300.502(e)
• When parents request an IEE, the district must
  provide them with the information about where
  that IEE can be obtained, along with agency
  criteria applicable to IEEs. 34 CFR
  300.502(a)(2).

• An Independent Educational Evaluation (IEE) is an
  evaluation conducted by a qualified examiner who
  is not employed by the school district or other
  public agency responsible for the education of
  the student in question. 34 CFR 300.502 (a)(3)
• The right to obtain an IEE is essential for
  parents who suspect that the districts
  evaluation has not discerned the true nature of a
  students disability and resulting needs.

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When can a parent obtain an IEE at public expense
and when must the parent pay for it as a private
expense?

• 2005 regulations 30 CFR 300.502(b) state the
  conditions under which a parent has a right to an
  IEE at public expense.
• If the parent disagrees with the school
  districts evaluation. The district may refuse to
  pay for the IEE, however, and initiate a due
  process hearing if it believes its own evaluation
  is appropriate.
• If the result of the hearing is that the school
  districts evaluation was appropriate, the
  parents still have the right to an IEE, but at
  their own expense. 34 CFR 300.502(b)(4)
• There is no specific time limit during which a
  district must respond definitely to a request for
  an IEE. 34 CFR 300.502(b)(4) states that a
  district may not unreasonably delay either
  agreeing to fund the IEE or requesting a due
  process hearing to show that its evaluation was
  appropriate.
• A district cannot ignore the request for an IEE-
  it must either pay for the IEE or request a due
  process hearing. 21 IDELR 311(SEA AL 1994)
• A parent is entitled to only one IEE at public
  expense each time the district conducts an
  evaluation with which the parent disagrees.

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Individualized Educational Programs (IEP)

• Definition of an IEP
• Present Levels of Academic Achievement
• Annual Measurable Goals
• Objectives
• Evaluation procedures
• Continuum of Services

• An individualized education program, IEP, is both
  the written document memorializing the essential
  components of an IDEA-eligible students
  appropriate educational program and the
  collaborative process between the parents and the
  school by which the contours of the program are
  designed

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• Both IDEA 2004 at 20 USC 1414(d)(1)(A)(i) and the
  2006 regulations at 34 CFR 300.320 define an IEP
  as a written statement for a child with a
  disability that is developed and implemented in
  accordance with (the provisions of the IDEA)
  IDEA 2004 spells out IEP requirements.
• There is no specific format or length for an IEP
• In 2009 the Regulations will change regarding
  the IEP format, which will require all states to
  use the same IEP format.

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What are the required components of an IEP?

• IDEA 2004 at 20 USC 141(d)(1)(A)(i)(1)-(VIII) and
  2006 regulations at 34 CFR 300.320(a)-(c) lists
  the information that must always be included in
  an IEP. There are nine (9) required elements
  that must be included in every childs IEP

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1. Statement of childs present levels of
academic achievement and functional performance
including

• How the childs disability affects the childs
  involvement and progress in the general education
  curriculum.
• For preschool children, how the disability
  affects the childs participation in appropriate
  activities.

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2. Statement of measurable annual goals,
including academic and functional goals designed
to

• Meet the childs needs that result from the
  childs disability to enable the child to be
  involved in and make progress in the general
  education curriculum.
• Meet each of the childs other educational needs
  that result from the childs disability
• For children with disabilities who take alternate
  assessments aligned to alternate achievement
  standards, a description of benchmarks or
  short-term objectives.

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3. A description of how the childs progress
toward meeting the annual goals described above
will be measured and when periodic reports on the
progress of the child is making toward meeting
the annual goals.
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4. A statement of the special education and
related services and supplementary aids and
services, based on peerreviewed research to the
extent practicable, to be provided to the child,
or on behalf of the child, and a statement of
program modifications or support for school
personnel that will be provided to enable the
child to
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4. Continued

• Advance appropriately toward attaining the annual
  goals.
• To be involved in and make progress in the
  general education curriculum and to participate
  in extracurricular and other nonacademic
  activities.
• To be educated and to participate with other
  children with disabilities and nondisabled
  children in the activities described.

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5. An explanation of the extent, if any, to which
the child will not participate with nondisabled
children in the regular class and in the
activities described above.

• 6. A statement of any individual appropriate
  accommodations that are necessary to measure the
  academic achievement and functional performance
  and the child on the State and districts wide
  consistent with No Child Left Behind Act.
• 7. The projected date of the beginning of the
  services and modifications described in item 4,
  along with the anticipated frequency, location
  and duration of those services and modifications.

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8. Beginning not later than the first IEP to be
in effect when the child is 16, updated annually
thereafter

• Appropriate measurable postsecondary goals based
  on age appropriate transition assessments related
  to training, education, employment, and where
  appropriate, independent living skills.
• Transition services (including course of study)
  needed to assist the child in reaching those
  goals.

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9. Beginning not later than one year before the
child reaches the age of majority under State
law, a statement that the child has been informed
of the childs rights under this title, if any,
will transfer to the child on reaching the age of
majority.
42
NOTEAn IEP that does not include all the
necessary elements is not always invalid.
Procedural deficiencies do not justify setting
aside an IEP when the deficiencies do not
compromise the students right to an appropriate
education, hamper the parents ability to
participate in the formation of the IEP, or cause
deprivation of educational benefits.When the
deficiencies are deemed not to have resulted in
denial of FAPE for any reason listed above, they
are termed merely technical.
43
However, in some instances a school districts
failure to include all the necessary elements in
a students IEP or to address them adequately
even if included, will prevent a student from
receiving FAPE and entitle him or her to an
appropriate remedy under the IDEA.
44
Information that should be included in the
statement of the students present levels of
academic achievement and functional performance

• Academic achievement and functional performance
  are the baseline by which the IEP team
  establishes goals and objectives and assesses the
  students progress toward achieving those goals.
  The IDEA and regulations do not offer guidance
  about what should be addressed in the IEP
  statement of present educational performance.
• CFR 300.320(a)(1)(i) Require only that the
  statement include disclosure of how the childs
  disability affects the childs involvement and
  the progress in the general education curriculum.

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Annual Measurable Goals

• Failure to include specific goals may be
  considered a denial of FAPE as a matter of law.
• Even specifically formulated goals will be
  inadequate when they are too easily achieved.
• Prospective review of the adequacy of a students
  education programs should be analyzed to ensure
  that all such elements of the students
  educational program are logically and
  educationally related to achievement of the goals
  identified on the IEP.
• An IEP must include annual goals only for those
  areas of the general curriculum for which the
  child requires special education programming or
  related services in order to participate and make
  progress.

• Goals are required because they enable both
  prospective
• and retrospective review of the appropriateness
  of a students educational program when it is
  considered in the course of an IEP review.

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Included on the IEPNeeds Goals

• Where there is a need listed on the IEP
• The need must be matched with a goal.
• CSEs failure to match needs with goals could
  prevent a child from receiving FAPE from the
  school district.

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IEP must include all the special education and
related services needed for that student to
receive FAPE.

• IEP must specify the amount of services to be
  provided.
• The location requirement was enacted because the
  location where special education and related
  services will be provided to a child influences
  decisions about the nature and amount of the
  services and when they should be provided to the
  child.
• Other services besides special education and
  related services must be included in the childs
  IEP. They are
• Supplementary aids and services, based on
  peer-review research, to be provided to or on
  behalf of the child.
• Program modifications that will be provided to
  the child.
• Supports for school personnel related to the
  child.

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What information does not have to be on the
students IEP?

• Any nondisability-related services that the
  student Identification of particular teachers or
  other educational personnel may need.
• Recommendations submitted or to be discussed at
  the IEP meetings but not adopted.
• Extracurricular activities that are not part of
  the students appropriate educational program.

49

• Issues of weapons and violence
• Functional behavioral assessments
• Manifestation Determination
• Behavior intervention programs
• Rights of students
• Suspension
• Expulsion

50
(No Transcript)
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2007 This years changes to the Reauthorized
IDEA

• Federal Regulations
• 34 C.F.R. Parts 300 and 301 Effective October
  13, 2006
• NYS Education Law
• Chapter 378 of the Laws 2007 signed July 18,
  2007.

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CHANGES

• Pre-referral Intervention Strategies
• Response to intervention
• Referrals
• RTI Program Requirements
• Districts must establish a process to determine
  if a student responds to scientific,
  research-based intervention in accordance with
  the following minimum requirements for RIT
  programs

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RTI

• Appropriate instruction delivered to all students
  in the general education class by qualified
  personnel.
• Reading scientific researched based reading
  programs that include explicit and systematic
  instruction in phonetic awareness including oral
  reading skills and comprehension strategies.
• Screening to all students in the class to
  identify those not making academic progress at
  expected rate.
• Instruction matched to students needs.
• Repeated assessments of student achievement
  including curriculum based measures to determine
  if interventions are resulting in progress toward
  age or grade level.
• Information about students RTI to make
  educational decisions about changes and goals,
  instruction or services.
• Written notification ot parents when the student
  requires intervention beyond that provided to all
  students in the general education classroom.
• District shall select and define the specific
  structure and components of the RTI program to
  determine the levels of intervention, types of
  interventions, amount and nature of student
  performance data to be collected and manner and
  frequency for progress monitoring.
• Districts must take appropriate steps to ensure
  staff have the knowledge and skill necessary to
  implement an RIT program and ensure that is
  implemented consistently.

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Referrals from RTI

• A district must initiate a referral and promptly
  request parental consent to evaluate a student
  for special education services and programs if
  the student has not made adequate progress after
  an appropriate period of time when provided
  instruction pursuant to an RTI program.

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Referrals

• 1. only a parent or person in parental relation
  may make a referral for an initial evaluation.
  This also includes the school district in which
  the student resided.
• 2. Individuals who may request a referral for an
  initial evaluation are
• A professional staff member of the school
  district where the student attends or resides
• A physician
• A judicial officer
• A professional staff member of a public agency.
• Withdrawal
• If the parent and the district agree to withdraw
  a referral the written agreement memorializing
  the withdrawal shall contain a description of the
  general education support services to be
  provided, instructional strategies to be used and
  student centered data to be collected as well as
  the purposed duration of such a program.

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Evaluations

• Timing must be completed within 60 days of
  receipt of consent unless extended by mutual
  agreement.
• Observation Evaluation must inculde an
  observation of the student in the students
  learning environment.
• Information When interpreting evaluation date
  information must be drawn upon from a variety of
  sources including aptitude and achievement tests,
  parent input and teacher recommendations.
• Reevaluation every three years except where the
  school district and parent agree in writing that
  the reevaluation is unnecessary.
• Independent Education Evaluations (IEE) parent
  may obtain one IEE each time the district
  conducts an evaluation with which the parent
  disagrees.
• Expedited evaluations.
• Consent.

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Classification

• Students with Learning Disabilities (LD)
• Identification Procedures RTI
• Evaluations
• CSE may not rely on any single procedure as the
  sole criterion for determining whether a student
  has a learning disability.
• Eval must be completed within 60 days of receipt
  of consent.
• Must include an observation of the student in
  routine classroom instruction.
• Districts must ensure that the underachievement
  in a student suspected of having a learning
  disability is not due to the lack of appropriate
  instruction in reading or math.
• CSE must also consider whether the childs
  learning problems are the result of limited
  English proficiency.

58
Learning Disability Criteria (LD)

• A student may be determined to have a learning
  disability if, when provided with learning
  experiences and instruction appropriate to the
  students age or grad level standards, the
  student does not achieve adequately for the
  students age in one or more of the following
  areas
• Oral expression
• Listening comprehension
• Written expression
• Basic reading skills
• Reading fluency skills
• Reading comprehension
• Mathematics
• Calculation
• Mathematics problem solving, and

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And the student either

• a. Does not make sufficient progress to meet age
  or grade level standards in one of the above
  areas on the students RTI or
• Exhibits a pattern of strengths and weaknesses in
  performance, achievement or both relative to age
  or grade level and
• The CSE determines that its findings are not the
  primary result of a visual, hearing or motor
  disability mental retardation emotional
  disturbance cultural factors or limited English
  proficiency.

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Other Health Impaired was expanded -

• Includes Tourette Syndrome.

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CSE, Sub-CSE CPSE Meetings

• Attendance of Member Whose Area is NOT being
  modified or Discussed
• Parent and district may agree, in wiring to the
  excusal of the attendance of a member whose area
  is not being modified or discussed at the
  meeting.
• Excusal may be in whole or in part.
• Must be made 5 days prior to the meeting date or
  can be agreed to any time as long as it is in
  writing.
• Parents and district may NOT agree that the
  attendance of the parent of the student being
  discussed is not necessary.

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Excusal of member whose area IS being discussed
or modified

• Must be in writing.
• The excused member must submit to the parent and
  CSE prior to the meeting, written input must be
  given to the parent 5 days before the meeting to
  provide parent a reasonable time to consider the
  request however parent can request waiver at
  any time.
• The excused member must submit to the parent and
  CSE a written input in development of the IEP in
  particular in their area of curriculum or related
  services.
• Cannot waive the attendance of parent.

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IEP development

• Goals
• Must include academic and functional goals.
• Prior written notice effective January 1, 2009,
  must be on a form prescribed by Commissioner.
• Parent Participation Dist must take steps to
  ensure that one or both parents of a child with a
  disability are present at IEP meeting.

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Changes to IEP after a Meeting

• Changes to IEP may be made to an IEP without CSE
  meeting if
• It is after the annual review has occurred and
  the IEP developed and
• The parent makes a request to the district for an
  amendment and the district and parent agree in
  writing or
• The district provides the parent with a written
  proposal to amend one or more recommendations on
  the IEP and
• a. The proposal is conveyed in language
  understandable to the parent.
• b. The parent has an opportunity to consult
  with appropriate personnel or related service
  providers regarding the proposed changes and
• c. The parent and district agree in writing to
  the amendments.

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The IEP amendments

• The parent is entitled to prior written notice of
  the changes to the IEP and the CSE shall be
  notified of changes.
• If the district makes the amendments without
  rewriting the entire IEP, the district must
  provide the parent with a copy of the document
  that amends or modifies the IEP.
• Amendments do not eliminate the requirement that
  the CSE review the IEP at the annual meeting.
• The District must ensure that the CSE is informed
  of the changes made to the IEP.

66
Continuum of Services

• Services in the General Education Classroom to
  enable students with disabilities to be educated
  with nondisabled student to the maximum extend
  appropriate. May inculde, providing related
  services, resource room programs and special
  class programs within the general education
  classroom.
• Consultant Teacher Services and Resource Room
  Services Must be in combination of not less
  than three hours a week otherwise consultant
  teachers must be a minimum of two hours a week
  and resource room three hours per week.
• Integrated Co-teaching Services Effective July 1,
  2008, when a district includes co-teaching
  services the number of students with
  disabilities cannot exceed 12 students.
• School personnel assigned to each class must
  minimally include a special education teacher and
  a general education teacher.

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Consultant Teacher Services

• Clarifies that consultant teacher services are
  provided to a student with a disability in the
  students regular education classes, including
  career and technical education classes and/or the
  students regular education teachers.
• The IEP must indicate the regular education
  classes in which the student will receive
  consultant teacher services.

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Related Services

• Extended to include
• Surgically Implanted Devices
• Hearing Aids making sure they are worn in
  school by children with hearing impairments and
  that they are functioning properly.
• School Health Services includes school nurse
  services must be provided by a qualified school
  nurse, or other qualified person.
• Interpreting services defines interpreting
  services as oral transliteration services, cued
  language transliteration services, sign language
  transliteration and interpreting services and
  transcription services like communication access
  real-time translation Type Well for students who
  are deaf or hard of hearing and special
  interpreting services for students who are
  deaf-blind.
• Supplementary aids and Services Clarifies that
  services may be provided in extracurricular and
  nonacademic settings.

69
Burden of Proof

• Districts or State agency responsible for
  providing education to students with disabilities
  shall have the burden of proof including the
  burden of persuasion and the burden of production
  in any impartial hearing except that a parent or
  person in parental relation seeking tuition
  reimbursement for a unilateral placement shall
  have the burden of persuasion and the burden of
  production on the appropriateness of such
  placement.
• This is in reaction to the Supreme Court case
  Shaeffer v. Weast which held that in the absence
  of state law, the burden of proof in an impartial
  hearing is on the party that files the complaint.
  
• In parental placements the parent has the burden
  of proving appropriateness of placement.

70
Changes to due process

• To be discussed on an individual basis.
• Questions Answers