Legal Rights of Persons With Disabilities - Ossh.com

Every child with a disability who receives special education or related services must be reevaluated
at least once every three years. A reevaluation must also take place if the circumstances make it
appropriate or if a child's parents or teachers request it. Reevaluations are conducted under the same rules
that apply to initial evaluations. (34 C.F.R. ' 300.536.)
ii.
The IEP Must Be Reviewed at Least Annually
The IEP team must review and revise a child with a disability's IEP at least once a year, when
requested to do so by a child's parents or teachers or whenever a child is not making educational progress.
The parents may request a review of their child's IEP no more than twice a semester. The procedures and
protections applicable to the first IEP team meeting apply to later IEP team meetings. (20 U.S.C. '
1413(d)(4)(A); 34 C.F.R. ' 300.146.)
iii.
A School District May Not Change a Child's
Placement Without Notice
Although parental consent is required before a child may be placed in a special education program
for the first time, parental consent is not required before the school district changes a child's placement.
However, if the school district plans to change a child's placement, it must give the parents notice of its
plans in writing and in the parents' own language or primary method of communication. If the parents
object to the plan, they may request a hearing before an independent hearing officer provided by the
California Department of Education. (Ed. Code, ' 56500 et seq.; 34 C.F.R. ' 300.504.)
Not every change that a school district makes is considered a change in placement requiring detailed
advance notice. For example, a change in the location at which the special education and related services
are to be provided would not generally be considered a change in placement. A change in placement is a
fundamental change in the type of special education or related services provided to a child with a
disability. For example, a change from a regular classroom to a special classroom would be a change in
placement, and a transfer of a child from a school that offers a year-round program to a school that does
not offer a year-round program would be a change in placement. (Tilton v. Jefferson County Board of
Education (6th Cir. 1983) 705 F.2d 800, cert. den. (1984) 465 U.S. 1006; Concerned Parents & Citizens
v. New York Board of Education (2d Cir. 1980) 629 F.2d 751, cert. den. (1981) 449 U.S. 1078.) Note that
children with disabilities and their parents are entitled to a hearing before an independent hearing officer
provided by the California Department of Education whenever the school district makes a decision that the
parents believe denies their child a free, appropriate, public education. State hearings are discussed below.
iv.
A Child With a Disability May Not Be Expelled
A short suspension of a child with a disability for misbehavior is not a change in placement
necessitating detailed advance notice. Expulsion, however, is a change in placement. Therefore, a s
school district cannot use the procedures used in expelling other children in expelling children with
disabilities. Although a school district can change a child with a disability's placement if the child is
disruptive, the school district cannot expel a child whose misbehavior is a manifestation of, or is caused by,
his or her disability. Even when a child with a disability may properly be expelled, the school district
cannot refuse to offer some form of education to the child. (Cf. Honig v. Doe (1988) 484 U.S. 305; Kaelin
v. Grubbs (6th Cir. 1982) 682 F.2d 595.)
v. Graduation is a Change in Placement
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