Legal Rights of Persons With Disabilities - Ossh.com

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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 47
Parents have a right to notice and an opportunity to object before a child with a disability graduates if the child has not met district graduation requirements and is under the program's age limit. Graduation is considered a change in placement because it means termination of special education and related services. An IEP team must set special graduation requirements for a child with a disability unable to meet the usual requirements. Parents participate as members of the IEP team. E. Administrative & Judicial Review 1. Administrative Review a. Parental Rights to Administrative Review The parents of a child with a disability have a right to administrative review whenever they are dissatisfied with a school district decision concerning their child. (Ed. Code, ' 56500 et seq.) For example, the parents of a child with a disability have a right to administrative review whenever they object to: $ the kinds of tests used by the school district to evaluate the child; $ the conclusions reached by the persons doing the evaluation of the child; $ the type of special education offered or denied the child and/or the related services offered or denied the child; $ the specific placement proposed for the child; or $ the denial of the parents' procedural rights (their rights to fair notice of all school district decisions concerning their child in their own language, their rights to participate in planning their child's education, etc.). b. School District's Rights to Administrative Review The school district also has the right to request administrative review. The school district can request administrative review whenever there is a disagreement between it and the parents. 48
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Legal Rights of Persons Disabilitie
Page 3 and 4: TABLE OF CONTENTS Page INTRODUCTION
Page 5 and 6: TABLE OF CONTENTS CHAPTER 6: PARENT
Page 7 and 8: INTRODUCTION California and Federal
Page 9 and 10: 2. Medical Condition The FEHA also
Page 11 and 12: $ Discrimination based on physical
Page 13 and 14: employment, including recruitment,
Page 15: If you believe that you have been d
Page 18 and 19: FEDERAL LAW The federal Fair Housin
Page 20 and 21: CHAPTER 3 NONDISCRIMINATION IN BUSI
Page 22 and 23: and uniform standards for HIV testi
Page 24 and 25: CHAPTER 4 ACCESS Access is a critic
Page 26 and 27: services, facilities, privileges, a
Page 28 and 29: General may file a civil action if
Page 30 and 31: ' 1104B.3.10-12.) d. Curbs and Side
Page 32 and 33: k. Religious Facilities The sanctua
Page 34 and 35: If a voter is unable to mark a ball
Page 36 and 37: provide appropriate signage. If a s
Page 38 and 39: accessible vehicles, but they must
Page 40 and 41: facilities. By July 26, 2010, at le
Page 42 and 43: 2. Airports Airport facilities are
Page 44 and 45: hearing and speech. (47 U.S.C. ' 22
Page 46 and 47: CHAPTER 5 EDUCATION This chapter di
Page 48 and 49: disability learn. However, special
Page 50 and 51: puts a child in a private school, t
Page 52 and 53: iv. Parents May Request Independent
Page 56 and 57: c. Filing a Complaint and Holding a
Page 58 and 59: II. PRESCHOOL EDUCATION A. Children
Page 60 and 61: impairment can participate in the p
Page 62 and 63: CHAPTER 7 PROGRAMS AND SERVICES Thi
Page 64 and 65: and social independence. Services p
Page 66 and 67: disability, or veteran's allowances
Page 68 and 69: E. Decreased Energy Rates Persons w
Page 70 and 71: CHAPTER 9 HEALTH CARE The following
Page 72 and 73: People with mental or developmental
Page 74 and 75: C. Limited Right to Die The United
Page 76 and 77: institution; an adult with a develo
Page 78 and 79: 1983. (Zinermon v. Burch (1990) 494
Page 80 and 81: appropriate treatment. (Welf. & Ins
Page 82 and 83: DIRECTORY OF SERVICES INTRODUCTION
Page 84 and 85: California: Federal: Transportation
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