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IDEA Reauthorization: Questions and Answers

The Individuals with Disabilities Education Act (IDEA)

Questions and Answers below are based only upon IDEA statute. IDEA has not passed implementing regulations at this time AND Kentucky has not, therefore, passed state regulations.  Kentucky regulations can be more restrictive than the federal law so please keep this in mind when reading the questions and answers below

Q & A

What are the new requirements about medication for children?
"Parents should not be forced to medicate their children as a condition of the child attending school, and school personnel should not attempt to make medical diagnoses that should rightly be made by trained medical personnel. To ensure the rights of parents are protected, the law requires that each state prohibit state and local educational agency personnel from requiring a child to obtain a prescription for a controlled substance as a condition of attending school, receiving services, or receiving an evaluation for a disability. This requirement was included to ensure that parents are not coerced into placing their children on certain drugs (e.g., Ritalin) so that their children can go to school. School personnel are not licensed medical practitioners, and should not be making medical decisions or imposing such decisions on parents. The law does allow school personnel to continue to share observations about a child's academic achievement, functional performance, or behavior management with parents so that parents are aware of the child's performance during the school day. Parents can then use that information and consult with appropriate medical practitioners for more information if they feel medication is necessary or beneficial to helping improve their child's academic achievement."
What if a parent doesn't provide consent for evaluation or for services?
If a parent does not provide their consent for an evaluation, the local education agency (LEA) does have the authority to use the due process procedures to seek an order from a hearing officer requiring an evaluation. LEAs should use this authority sparingly. If a parent does not provide their consent for the provision of services, no special education or related services may be provided. The right of a parent to decide what educational services their child receives cannot be overturned using IDEA's due process procedures. If a parent indicates that they will refuse both consent for evaluations and consent for services, nothing in IDEA requires that an LEA use the due process procedures to proceed through the evaluation phase. Source: IDEA Guide to Frequently Asked Questions.
Who has to be part of the IEP team (ARC in Kentucky)?

The IEP Team is responsible for developming the IEP and ensuring its effective implementation so that the child can receive special education and related services.  The IEP Team must include the parents of the child with a disability, a regular education teacher (if the child is participating in the regular education environment), a special education teacher, and a representative of the school district.  In addition, the parent and the school district can agree to add other members knowledgeable about related services or with expertise about the child. -Source IDEA Guide to Frequently Asked Questions.

Do IEP team members (called an ARC in Kentucky) need to be at every meeting?

To provide efficient and effective use of IEP Team meetings, the parent and the LEA may agree to excuse any member of the IEP Team from the IEP Team meeting if their area of curriculum or related services is not being addressed.

 

The parent and the LEA may also agree to excuse any member of the IEP Team from the IEP Team meeting if their area of curriculum or related services is being addressed, but the Team member will be required to submit their input in writing to the parent and the LEA prior to the IEP Team meeting. 

 

The parent must provide written consent to the excusal of any IEP Team member.  Source:  IDEA Guide to Frequently  Asked Questions.

Can the IEP be amended without reconvening the whole IEP Team? (ARC in Kentucky)

Yes.  To provide greater flexibility for parents and schools, IDEA allows the parent and the LEA to agree to amend or modify the IEP without reconvening the whole IPE Team.  Such an amendment or modification must be in writing to clearly lay out what has been modified or amended.  Source:  IDEA Guide to Frequently Asked Questions.