Despite Teacher Shortage, OSEP Says IDEA Compliance Requires Certified Teachers, No Waivers

The recent teacher shortage has caused districts to get creative regarding schedules, student grouping, and staff assignments. But just how creative can you be when it comes to the employees in your special education classrooms? The Office of Special Education Programs (OSEP) issued guidance on this topic on October 4, 2022, indicating that proper credentials will be an area of focus as we continue to navigate the post-COVID era.

IEP Spotlight: Transportation as a Related Service

Over the summer, we posted about the importance of and tips for successful IEP implementation and progress monitoring. This school year, we will post a series of articles focusing on the components of a great IEP. Today, we want to discuss an often-misunderstood related service: transportation.

The Individuals with Disabilities Education Act (IDEA) requires public schools to provide a free appropriate public education (FAPE) to students with disabilities through the provision of special education and related services designed to meet qualifying students’ unique needs. The IDEA defines related services as “transportation, and such developmental, corrective, and other supportive services … as may be required to assist a child with a disability to benefit from special education.”  In practical terms, this means that the ARD committee must determine if a student with a disability requires transportation in order to benefit from special education, and if so, the IEP must include transportation and the district must provide that transportation at no cost to the parent

Don’t Let a Complicated Divorce Complicate the ARD Process

Divorce often complicates everything, including the special education process. Parents of students with disabilities are provided certain rights under the IDEA, but what happens to those rights when parents are divorced? To ensure compliance with the IDEA, school leaders need to fully understand the rights of each parent to participate in their student’s special education program.

Biological and adoptive parents are typically considered “parents” with the right to make educational decisions for their children under the IDEA. When the parents of a student with a disability are divorced and share custody, both parents generally hold parental rights under the IDEA. These parental rights include notice of ARD (IEP) meetings and attendance at ARD meetings, in addition to making educational decisions and filing a State or due process complaint if a dispute arises.