Office of Special Education Communications

Complaints

• If the Complaint Investigator identifies a compliance issue not alleged by the parent, will the Investigator make a finding of noncompliance?  (Aug. 2012)

Consent

• May a district proceed with an evaluation if the custodial parent gives written consent, even if the noncustodial parent refuses to give written consent for the evaluation?   (March 2012)
• If a parent withdraws consent for the provision of special education services, may he/she later request the provision of special education services?  If so, what is the process?  (Feb. 2013)
• Can the parent revoke consent for a particular service, but not others, thereby requiring the district to continue to provide only those services for which the parent has not revoked consent? (May 2014)

Continuous Services

• Does a child who is age three qualify for extended year services (ESYS) under Part B or continuous services under Part C?  (Feb. 2012)

Data

• How are non-public school students receiving special education reported on the NSSRS Special Education Templates?  (Jan. 2013)
• What is the definition of a separate school? (Dec. 2014)
• If a student attends a parochial school, but receives special education services from the public school, what should the setting code be? (Dec. 2014)

Due Process

• How often are districts required to provide a copy of Rule 55 to parents? (Jan. 2012)
• “If a due process complaint has been filed, is the 15 day resolution session required if the parents agree to waive the resolution process?  Must the waiver agreement be made within the 15 day timeline? (Jan. 2012)

Evaluation

• Initial Evaluation
  • When a 3 year old is referred to Part B in May or June for an evaluation to determine eligibility for special education and related services, can we wait to evaluate until the school year begins or does the clock start ticking as soon as the referral comes in?  (Feb. 2012)
• Transfer Students
  • When a child with a disability moves in and out of Nebraska, must an evaluation be conducted each time the child returns to the state?  If so, is the evaluation considered an initial evaluation or is it a reevaluation? (March 2014)

Extended School Year Services

• Does a child who is age three qualify for extended year services (ESYS) under Part B or continuous services under Part C?”  (Feb. 2012)

Graduation

• What special factors should the IEP team consider while preparing a student for graduation?   (May 2013)

IEP

• IEP Content
  • How is percent of time calculated for preschoolers on the IEP?   (Jan. 2012)
  • What is the ‘effective date’ of the IEP?  How is this different from the ‘services date’ and the ‘date of the IEP’ meeting?  (Feb. 2012)

• IEP – Notification of Meeting
  • On the meeting notification form, is the name of the person(s) invited to the meeting needed or is the position sufficient?  (Feb. 2012 – Revised)

• IEP Meeting
  • May a parent record an IEP meeting? (June 2012)
  • What happens when the parent and district do not agree with the IEP on the contents of the IEP?  (June 2012)

• IEP Team
  • When the parent invites an individual with special knowledge or expertise regarding the child to the IEP meeting, is it sufficient to allow the person to be present but not allow the person to speak at the meeting?  (Aug. 2012)
  • Must a regular education teacher be invited to an IEP meeting when the student is attending a program for 18-21 year olds?  (Feb. 2012)
  • Must a regular education teacher be invited to the IEP meeting when  the child with a disability is receiving special education services outside of the regular classroom or in an out of district placement? (Feb. 2013)
  • Must a regular early childhood teacher participate in an IEP/IFSP meeting for a child below age five?  If so, who?  (Feb. 2013)

Multidisciplinary Evaluation Team (MDT) Report

• Is an MDT required when the child’s IEP team has determined through a review of existing data that the child continues to have a disability and educational needs?  (Jan. 2013)

Nonpublic Schools

• Is every school district required to conduct a consultation meeting with non-public schools? (Feb. 2012)

Parentally Placed Non-public Children with Disabilities

• Is every district required to conduct a consultation meeting with non-public schools? (Feb. 2012)

Prior Written Notice

• What is a reasonable time for the district to provide prior written notice?  (Aug. 2012)
• When a district is refusing a parent’s request to conduct an evaluation of a student, is it sufficient to contact the parent by phone or must a “prior written notice” be provided to the parent? (August 2012)
• When does a district use a Change of Placement form and when does the district use a Termination of Services form?  What is the difference between the two forms? (March 2014)

Residency

• Who has the responsibility to serve a child who lives with his parent on weekends but stays with his uncle during the week?  The mother and uncle live in different school districts and the mother has parental rights  (April 2013)

Student Assistance Team (SAT)

• If a parent initiates a request for an evaluation must the SAT process be completed prior to getting consent to evaluate or is the SAT process conducted concurrently with the evaluation?   (Feb. 2012)

Timelines

• When does the 30 day timeline apply for developing an IEP following a verification determination?  (Jan. 2013)

Transportation

• If transportation is included on a child’s IEP, can a district require the child’s parent to provide the transportation and reimburse the parent?  Can a parent provide transportation services (as indicated on the IEP) to other children?  (Jan. 2013)
• If a district does not provide regular transportation services, are they required to provide special education transportation services to children with disabilities? (Jan. 2013)
• When must a district consider the provision of transportation for a student with a disability?   (Jan. 2013)
• If a child with a disability is suspended from the bus, must the district continue to provide transportation services?   (Jan. 2013)
• When is special education transportation required to be provided to children with disabilities?  (Sept. 2012)
• Who is responsible for the provision of transportation services when an option student moves to a new district and the parents wish to continue the option enrollment?  (Feb. 2013)
• What rules apply to the purchase of vehicles using IDEA funds? (Feb. 2013)