Special Education Tip – The Wheels on the Bus Go Round and Round – 78-2018

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Rochelle’s Special Education Tips

The Wheels on the Bus Go Round and Round

Just like those wheels described in the song that goes on and on, some Tips’ advice needs to be repeated, if IEP team meetings attended this week are any example of what is going on statewide. Some reminders:

• If the progress report shows a lack of progress, now is not the time to cut back on services.
• When you review eligibility for Extended School Year (ESY) services, be sure to review each factor listed in the IEP. If you answer “yes” for any item, but your ultimate decision is that the student is not eligible for ESY, you must explain why in the IEP document.
• Do not identify a student as eligible for an IEP or a 504 Plan if the student does not qualify. A decision like that will soon go into the “no good deed goes unpunished” list.
• The 5-day rule did not disappear when the calendar rolled over from 2017 to 2018.
• When a parent makes an allegation about something that did not occur, such as a bullying incident, refute it at the meeting and reflect the discussion in the notes of the meeting. A fabricated story can take on a life of its own.

Rochelle’s Special Education Tips (“Tips”) are designed to be helpful and thought provoking, but should not be considered legal advice as they may not be accurate for use in all situations. Tips are based on my opinions and positions in accordance with federal and Maryland law and my over 35 years of experience in the special education legal field. – Rochelle S. Eisenberg, Esquire

Copyright © 2018 Pessin Katz Law, P.A. All rights reserved.

Tips may be reproduced for distribution within the educational institution, the individual school or school system and is for use by their staff. Additional distribution must be approved by author.

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