Table of Contents Chapter 1: THE LEGAL BASIS FOR SPECIAL EDUCATION What This Chapter is About 1-1 Advocacy Hints in Chapter 1 1-1 Constitutional Law 1-2 Individuals with Disabilities Education Act (IDEA) 1-3 Section 504 of the Rehabilitation Act 1-3 Americans with Disabilities Act 1-3 Elementary and Secondary Education Act 1-4 Michigan Mandatory Special Education Act (MMSEA) 1-4 Local and District Policies 1-5 Intermediate School District (ISD) Plans 1-5 Waivers 1-6 Deviations 1-6 Understanding Citations 1-6 Federal Statutes 1-7 Federal Regulations 1-7 State Statutes 1-8 State Rules 1-8 Court Cases 1-9 Responsible Agencies 1-9 Federal Agencies 1-9 State Agencies 1-10 Contact Information 1-10 Chapter 2: RECORDS What This Chapter is About 2-1 Advocacy Hints in Chapter 2 2-1 School Records 2-2 Access by Parent 2-3 Confidentiality 2-4 Consent 2-4 Authorized Access 2-4 Safeguards 2-5 How to Change Records 2-5 Complaints About Records 2-6 Records to Keep 2-7 Appendix 2-1: Parent’s Notebook 2-9 Appendix 2-2: Letter Requesting Review of Records 2-10 Appendix 2-3: Letter Requesting Records from School 2-11 Appendix 2-4: Letter Requesting Records When a Meeting is Pending 2-12 Appendix 2-4: Letter Requesting a Change in Students Records 2-13 Chapter 3: SPECIAL EDUCATION SERVICES AND SUPPORTS What This Chapter is About 3-1 Advocacy Hints in Chapter 3 3-1 Free Appropriate Public Education (FAPE) 3-2 Special Education 3-4 Supplementary Aids and Services 3-5 Categorical Special Education Programs 3-7 Specific Requirements for Categorical Programs 3-8 Related Services 3-11 Assistive Technology Devices and Services 3-12 Physical Education 3-13 Transportation 3-13 Behavior Planning and Supports 3-14 Services and Supports in Charter Schools 3-14 Services and Supports in Alternative Schools 3-15 Special Education in Juvenile Justice Facilities 3-15 Services and Supports in Nonpublic Schools 3-16 Services and Supports in Home Schools 3-17 Appendix 3-1: IDEA Related Services—34 CFR 300.34 3-18 Appendix 3-2: U.S. DOE - November 16, 2015 Letter 3-22 Chapter 4: REFERRAL AND IDENTIFICATION What This Chapter is About 4-1 Advocacy Hints in Chapter 4 4-1 Child Find 4-2 Protections for Students Not Yet Identified 4-2 Referral 4-3 Referral in Private Schools 4-4 Referral in Charter Schools 4-4 Eligibility Under IDEA and State Law 4-4 Eligibility Under Section 504 4-12 Determining Eligibility 4-13 Appendix 4-1: Sample Letter Requesting Services 4-14 Appendix 4-2: Checklist of Eligibility Categories 4-15 Chapter 5: EVALUATION AND ASSESSMENT What This Chapter is About 5-1 Advocacy Hints in Chapter 5 5-1 Legal Requirements for Special Education Evaluations 5-2 When Are Evaluations Required? 5-2 What Must Evaluations Cover? 5-4 How Are Evaluations Conducted? 5-5 Standardized Tests and Assessments 5-5 The Independent Educational Evaluation 5-6 Parents’ Role in the Evaluation 5-7 Appendix 5-1: Letter Requesting an Evaluation 5-8 Appendix 5-2: Letter Requesting an Independent Evaluation 5-9 Appendix 5-3: Letter Requesting an Independent Evaluation Exceeding the School District’s “Reasonable Cost” 5-10 Appendix 5-4: Letter Requesting Reevaluation 5-11 Appendix 5-5: Letter Requesting Additional Testing 5-12 Chapter 6: THE INDIVIDUALIZED EDUCATION PROGRAM What This Chapter is About 6-1 Advocacy Hints in Chapter 6 6-2 General Information about the IEP Process 6-3 Invitation to Attend the IEP Meeting 6-4 The IEP Team Meeting 6-5 The IEP Form 6-6 IEP Timelines 6-7 Basic Background Information 6-7 Present Level of Academic Achievement and Functional Performance (PLAAFP) 6-10 Secondary Transition Considerations 6-11 Goals and Objectives/Benchmarks 6-11 Supplementary Aids and Services 6-13 Assessment — Participation and Provisions 6-14 Special Education Services and Programs 6-15 Notice for Provision of Services and Programs 6-16 Chapter 7: LEAST RESTRICTIVE ENVIRONMENT (LRE) What This Chapter is About 7-1 Advocacy Hints in Chapter 7 7-1 Least Restrictive Environment (LRE) 7-1 LRE and the Neighborhood School 7-4 LRE under Section 504 7-4 Chapter 8: PROBLEM SOLVING AND COMPLAINTS What This Chapter is About 8-1 Advocacy Hints in Chapter 8 8-2 Informal Problem Solving 8-3 Effective Advocacy Techniques 8-5 Common Informal Problems and Solutions 8-5 Formal Problem Solving 8-5 Formal State Complaints 8-6 After a State Complaint if Filed 8-7 When a State Complaint Allegation is Substantiated 8-8 When a State Complaint Allegation is Not Substantiated 8-9 Tips on Filing an Effective State Complaint 8-9 Federal Complaints 8-10 Due Process Hearing and Appeals 8-10 When to Request a Hearing 8-11 How to Request a Hearing 8-11 Due Process Hearing Rights 8-14 Placement During the Hearing Process 8-15 Termination of the Hearing Process 8-15 The Hearing Decision 8-16 Appealing the Administrative Law Judge’s Decision 8-16 Attorney’s Fees 8-16 Mediation 8-17 Appendix 8-1: Common Problems and Solutions 8-19 Appendix 8-2: Sample Complaint Letter 8-22 Appendix 8-3: Section 504 Letter of Complaint 8-26 Appendix 8-4: Follow Up Letter to OCR 8-28 Appendix 8-5: U.S DOE: Dispute Resolution Procedures Memorandum 8-29 Chapter 9: INFANT, TODDLER, AND PRESCHOOL PROGRAMS What This Chapter is About 9-1 Advocacy Hints in Chapter 9 9-1 Early Intervention or “Early On” Services 9-2 Individualized Family Service Plan (IFSP) 9-4 Lead Agency 9-6 Transition to Special Education Services 9-6 Preschool Services 9-7 Least Restrictive Environment 9-7 Procedural Safeguards 9-8 Chapter 10: TRANSITION What This Chapter is About 10-1 Advocacy Hints in Chapter 10 10-1 Transition Services for Students with Disabilities 10-2 Special Education and Vocational Education 10-2 Rehabilitation Counseling Services 10-3 Vocational Evaluations 10-3 Transition Services 10-4 Transition and General Education 10-5 The Workforce Innovation and Opportunity Act 10-7 Transfer of Rights 10-8 Appendix 10-1: Community Mental Health Services 10-9 Appendix 10-2: Vocational Rehabilitation Services 10-10 Appendix 10-3: The Workforce Innovation and Opportunity Act 10-11 Chapter 11: SUSPENSION AND EXPULSION What This Chapter is About 11-1 Advocacy Hints in Chapter 11 11-1 School’s Power to Suspend or Expel Students 11-3 Due Process for All Students 11-5 Due Process Protections for Students with Disabilities 11-7 The Manifestation Review 11-10 Challenging the Manifestation Review 11-13 Students Not Yet Identified as Students with Disabilities 11-15 Right to Post-Expulsion Services 11-16 The Role of Family Court 11-17 Preventing Behavior Problems Before They Occur 11-18 Appendix 11-1: Letter to Court Requesting Dismissal of Criminal Case Against Student 11-19 Appendix 11-2: U.S. DOE - IDEA Guidance 11-20 Appendix 11-3: Resources on Positive Behavioral Interventions and Supports 11-35 Chapter 12: SECTION 504 What This Chapter is About 12-1 Advocacy Hints in Chapter 12 12-1 Section 504 12-2 Eligibility Under Section 504 12-2 How to Apply for and Get Section 504 Services 12-4 Problem Solving 12-6 Similarities to IDEA 12-7 Differences Between Section 504 and IDEA 12-7 Appendix 12-1: Section 504 Regulations Related to Education for Children with Disabilities 12-9 Appendix 12-2: Frequently Asked Questions about Section 504 and Education 12-14 Chapter 13: PROTECTION AGAINST DISABILITY-BASED HARASSMENT, SECLUSION, AND RESTRAINT What This Chapter is About 13-1 Advocacy Hints in Chapter 13 13-1 Who is Responsible? 13-1 How Do I File a Complaint? 13-1 What are the State of Michigan Policies? 13-2 What the Law Says About Harassment 13-2 Anti-Discrimination Statutes 13-2 Harassment and the 2004 IDEA Amendments 13-3 How to Address Disability-Based Harassment 13-4 Policies on Bullying 13-5 Seclusion, Restraint, and Aversive Interventions 13-6 Appendix 13-1: Joint OCR/OSERS Letter 13-8 Appendix 13-2: U.S. DOE - OSERS 2013 Letter 13-13 Appendix 13-3: U.S. DOE - OCR 2014 Letter 13-17 Appendix 13-4: MDOE Policies on Bullying 13-28 Glossary of Abbreviations and Terms A-1