FAPE Focus: Equitable Services for Students in Virtual Schools

You know that LEAs have child find responsibilities for students enrolled in private schools that are located within the district’s boundaries, regardless of where the student resides. And that districts provide equitable services to students with disabilities enrolled in private schools that are located within the district’s boundaries, even if the student lives in another district. But what if the private school is a virtual school? What LEA is responsible for child find and equitable services when the students and educators may be scattered across the state – or even the country?

Don’t You Forget About Me: OSEP Policy Letter Sheds Light on Rights of Students Who Have Graduated 

Phew! It’s the day after graduation, and your school district is finally off the hook for a potential state complaint you have been fearing the legal guardian of a student with disabilities would file against the district for months. Not so fast! On March 30, 2023, the Office of Special Education Programs (OSEP) (part of the U.S. Department of Education) released a policy letter relating to the rights of students who have graduated. Letter to Oettinger, which is dated March 2, 2023, addresses the following issues:  

(1) Must a State Educational Agency (SEA) resolve a complaint if the child who is the subject of the complaint has graduated? 

(2) Must an SEA resolve a complaint that alleges systemic noncompliance based on facts related to a child who has graduated? 

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