What A CTRS Should Know . . .

The following information is from Better IEP's, by Barbara D. Bateman, Ph.D., J.D.  Published by Otter Ink, 32223 DeBerry Road, Creswell, Oregon 97426   Telephone:  (503) 895-2144, 1992.  ISBN 1-882679-156

 
 
 
Some interesting information which should give CTRS'a basis for developing a plan on how to become involved in the public schools.  
  • The funding provisions of IDEA hinge on the requirement that the public (usually the school district) must provide the services of an appropriate IEP at no expense to the parents (p. 4). 
  • Lack of funds cannot be used as an excuse for failure to provide a free and appropriate public education (FAPE) (p. 7).
  • Procedural requirements of the law must insure meaningful parent participation and in program planning, the parent has 50% of the decision making power (p. 7).
  • The key to an effective IEP is that it is based on the individual child’s unique needs, not on the availability of services in the district (p.7).
  • Don’t worry that what is provided to Sarah will be a “precedent” for what must be provided to Jennifer.  It won’t.  It isn’t.  Services must be individualized.  A child is entitled only to what he or she needs, not to what someone else needs (p. 7).
  • Parents must have a genuine opportunity for full participation in the IEP process (p. 13).
  • The services offered--special education, related services, modifications and accomodations--absolutely must be based on the child’s needs, not on the availability of services (p.14).
  • If a student is 14 years or older, or if TRANSITION services are being considered, a representative of each agency providing these services should be part of the IEP Team (p. 7) (age change from 16 to 14 with IDEA 97).
General Principles (IEP)  
  • All of the child’s unique needs must be addressed, not just his or her academic needs (p. 24).
  • The availability of services may not be considered in writing the IEP.  If a service is needed, it must be written on the IEP and if the district does not have it available, it must be provided by another agency (p. 25).
  • The IEP is a firm, legally binding “commitment of resources.”  The district must provide services listed or the IEP must be amended (p. 25).
  • IEP’s must be individualized.  The same amounts of therapy on many IEP’s (e.g., every child who receives speech therapy in a particular building receives 30 minutes daily), reveals a violation of this individualization requirement (p. 25),
  • All of the components of the IEP required by law (e.g., goals and objectives, specific special education and related services) must be present (p.25). 
     
 
 
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