Under the Individuals with Disabilities Education Act (IDEA), schools have specific responsibilities to ensure that children with disabilities receive a Free Appropriate Public Education (FAPE) in the least restrictive environment (LRE). Here are the key responsibilities:
Child Find: Schools are responsible for identifying, locating, and evaluating all children with disabilities within their jurisdiction who may need special education and related services, regardless of the severity of the disability.
Evaluation: Schools must conduct a thorough and individualized evaluation of each child suspected of having a disability before providing special education services. This evaluation must be re-conducted at least every three years to determine the child’s ongoing eligibility and educational needs.
Individualized Education Program (IEP): Schools must develop, review, and revise an IEP annually for each child with a disability. The IEP team, which includes parents, teachers, school administrators, and sometimes the child, develops the IEP. The IEP outlines specific educational goals, services, accommodations, and the placement necessary to provide FAPE.
Least Restrictive Environment (LRE): Schools must educate children with disabilities alongside children without disabilities to the maximum extent appropriate. They should only separate children with disabilities from their nondisabled peers when the nature or severity of the disability is such that education in regular classes with supplementary aids and services cannot be achieved satisfactorily.
Procedural Safeguards: Schools must provide parents with a notice of their procedural safeguards once a year and upon initial referral for evaluation, request for a due process hearing, or a complaint. This notice includes information on how parents can obtain a copy of the procedural safeguards.
Parental Involvement: Schools must ensure that parents are involved in their child’s education. They must provide parents with the opportunity to participate in decisions concerning their child’s IEP and must obtain informed consent before conducting evaluations and before providing special education services for the first time.
Confidentiality: Schools must protect the confidentiality of personal information and educational records of children with disabilities.
Transition Services: Schools must provide transition services for students with disabilities to support their movement from school to post-school activities, including postsecondary education, vocational education, integrated employment, continuing and adult education, adult services, independent living, or community participation. Transition planning must begin no later than age 16, or younger if required by the state.
Dispute Resolution: Schools must offer mediation and due process procedures to address complaints and resolve disagreements with parents regarding a child’s educational program.
These responsibilities are designed to ensure that every child with a disability has access to appropriate educational services tailored to their individual needs, promoting their academic success and functional development.
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