ESE Legal Frameworks & Disability Law Flashcards

What does 'prior written notice' (PWN) require schools to provide parents under IDEA?

Answer: Written notification of any proposed changes to a student's identification, evaluation, or educational placement

Prior Written Notice requires schools to notify parents in writing before proposing or refusing to initiate a change in a student's identification, evaluation, educational program, or placement.

What is the purpose of mediation as a dispute resolution option under IDEA?

Answer: To provide a voluntary, confidential process for resolving disagreements between parents and schools with the help of a neutral mediator

Mediation under IDEA is a voluntary, confidential process where parents and schools work with a trained, impartial mediator to resolve disputes about special education without going to a due process hearing.

Which office is responsible for enforcing Section 504 and ADA Title II in public schools?

Answer: Office for Civil Rights (OCR) within the U.S. Department of Education

The Office for Civil Rights (OCR) within the U.S. Department of Education enforces Section 504 and ADA Title II compliance in schools that receive federal funding.

What is 'educational benefit' in the context of IDEA and FAPE?

Answer: The meaningful educational progress a student must receive for their IEP to provide FAPE

Educational benefit refers to the meaningful progress a student with disabilities must receive from their IEP program for it to constitute a Free Appropriate Public Education under IDEA.

What does the 'stay-put' (pendency) provision mean under IDEA during disputes?

Answer: During a due process dispute, the student must remain in their current educational placement unless both parties agree to a change

The stay-put provision ensures that students remain in their current educational placement during the pendency of any dispute resolution proceedings, protecting continuity of services.

Under IDEA, how often must an IEP be reviewed at minimum?

Answer: Annually

IDEA requires that an IEP be reviewed at least once a year to assess the student's progress toward goals and make necessary updates to the program.