Tag Archives: denial

Feds Say RtI Can’t Delay Special Ed Evals

It’s that time of the school year when I think my head is going to explode. Every year from about the time of Spring Break to the end of the regular school year, all hell breaks loose as parents who have been paid lip service by their education agencies all year long realize, “OMG, the school year is almost over and my kid still can’t [plug in deficit skill area here]!

And then the emails and calls for our lay advocacy services start pouring in. Blogging during this time of the year is a particular challenge for me because I’m spread so thinly with casework.

But, the reality is that this is the time when constructive information about the special education process is most needed by parents. We can’t represent everybody and if there is a way to empower parents so they can effectively advocate for their children themselves, that is always preferred to parents having to pay us or anyone else to pursue appropriate educational outcomes for their kids.

So, today’s posting is about Response to Intervention, or RtI, with respect to assessment special education. Over the course of the current school year, I’ve seen more and more districts implementing RtI models and shooting themselves in the foot with respect to special education compliance, particularly the federal “child find” requirements, all at the same time.

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OCR Finds Policy Violates Section 504

On October 29, 2010, the U.S. Department of Education Office of Civil Rights issued an investigation finding regarding the use of temporary aides for special education. We are publishing it here in the hopes that the information can provide a constructive heads-up to other Local Education Agencies (“LEAs”) and empower parents facing similar situations.

The issue, in a nutshell, is the matter of LEAs creating policies that prohibit the application of a student’s unique needs to the development of an offer of a Free and Appropriate Public Education (“FAPE”).?In this case, the issue was the provision of aide services to children who require 1:1 aide support.

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