[Nfbf-l] Fw: IDEA Changes

[Sherri]

Just passing this along.

Sherri
----- Original Message ----- 
From: Samme.Ripley at ocfl.net 
Sent: Tuesday, December 09, 2008 3:57 PM
Subject: IDEA Changes


Good news for parents who are active participants in their child's education, here are new changes to IDEA regs,

 

 

desk of Samme Ripley, ADA Program Manager 

(Accessibility, Education, Disability Services, Community Outreach, etc.)

Office on Disability & ADA Concerns

Health & Family Services Department

407-836-6568

Quote:  "The world we have created is a product of our thinking. It cannot be changed without changing our thinking."  Albert Einstein

 

 

 

Important Changes in IDEA Federal Regulations Adopted by US Department of Education

 

On December 1, the U.S. Department of Education issued final regulations amending several important rules relating to special education and the Individuals with Disabilities Education Act.   Two changes are of particular importance for all parents and for educators.


           First, for the first time in the history of special education, parents now have the right to revoke consent at any time to their child's participation in special education.   The revocation must be provided to the school district in writing.   The parent must be provided with a notice from the school district indicating that the revocation constitutes a change of placement/status and explaining the parents' rights.   The parents or the school may at a subsequent date request that the child be reconsidered for special education again.   However, if the parents revoke the consent for special education, the school is not responsible for the failure to provide a free appropriate education.   The new regulation addressing this issue is 34 Code of Federal Regulations 300.300(b).   If the parent revokes consent, the school district may not pursue a due process hearing or other legal measures to overturn the parents' decision. 
 
            The second major change involves representation at due process hearings.   Previously, prevailing interpretation of the IDEA provided that the parents could be assisted at due process hearings by non-lawyers, regardless of the state's rules regarding unauthorized practice of law by non-attorneys.   Under the new IDEA regulations, the rules as to whether a non-lawyer may represent either the parent or the school at a due process hearing will now be governed by state law.   It will now be necessary for parents to investigate the rules in their state regarding unauthorized practice of law. 34 CFR 300.512 (a)(1). In Illinois, state law already permits non-lawyer advocates to assist parents in IEP meetings and due process hearings.
 
               The new Federal regulations can be found at the following website, which also includes lengthy comments and department   commentary: http://edocket.access.gpo.gov/2008/E8-28175.htm  These regulations take effect on December 31, 2008. 

 

 

Candace Simmons, Resource Coordinator

Central Florida Parent Center

1021 Delaware Ave., Palm Harbor, FL  34683

(727) 789-2400 / (888) 612-9273

www.CFLparents.org