Law Offices of H. Jeffrey Marcus P.C.
Monday, November 26, 2012
Thursday, November 8, 2012
A school can not condition the right to an evaluation under §504 on allegations by the parent of discrimination based upon disability. OCR stated that: “ [t]he regulation implementing Section 504 requires a school district to conduct an evaluation of any student it has reason to believe needs or may need special education and/or related services because of a disability. The failure to conduct an evaluation of a student suspected of having a disability is an act of discrimination under the regulation implementing Section 504; no other proof of discrimination is needed or required under the regulation prior to initiation of the evaluation.”
Monday, October 22, 2012
Monday, July 9, 2012
OSEP recently issued a policy letter providing guidance on a number of issues related to transition work placements. In sum:
- if the CSE determines that work placement is an appropriate transition service, it must be included on the IEP;
- initiating or changing a student’s work placement triggers prior writtten notice requirements;
- LRE requirements apply to work placements; and
- the CSE must consider supplementary aids and services necessary to enable the student to participate with other disabled and non-disabled students in the work place and the LEA must provide any supplementary aids and services as identified by the CSE on the IEP.
Monday, June 25, 2012
1. scores between 45-54 on one or more of the five required Regents exams, other than the English or mathematics exam, but scores higher than 65 on one or more of the required Regents exams, in which case the lower score(s) can be compensated by the higher score(s); and
2. obtains a passing score in the subject area of the Regents examination in which he or she received a score of 45-54;3. has an attendance rate of at least 95 percent for the school year during which the student took the Regents examination in which he or she received a score of 45-54, exclusive of excused absences; provided that4. a student may not use the compensatory score option if the student is using a passing score on one or more RCTs to graduate with a local diploma.
Wednesday, June 13, 2012
Sunday, May 27, 2012
Students with disabilities for whom the printed text of instructional materials is a barrier to their participation in the general education curriculum and who thus need accessible instructional materials have a right to receive these materials in a timely manner. Here is a link to a good article addressing legalities of the school’s obligation to assure provision of and access to such materials to those who qualify.
Tuesday, May 15, 2012
Saturday, February 18, 2012
Tuesday, February 14, 2012
Friday, February 3, 2012
Sunday, January 29, 2012
Thursday, January 19, 2012
Thursday, January 12, 2012
- Certification and appointment of IHOs;
- Consolidation of multiple due process requests for the same student ( subsequent hearing requests assigned to same IHO if original complaint is still pending) ;
- Prehearing conferences (if the proposed changes are to go into effect, these changes could dramatically restrict the scope of and evidence permitted at hearing);
- Withdrawals of requests for due process hearings (withdrawal without prejudice permitted as a matter of course only prior to the commencement of the hearing or prehearing conference; resubmission of a similar hearing request within one year will result in the assignment of the same IHO)
- Extensions to the timelines for an impartial hearing decision (one 30 extension would now be permitted for settlement negotiations);and
- Timeline to render a decision.
- The proposed regulations would expressly authorize IHOs to issue consent orders, something that is presently routine across New York State, but which has been fiercely resisted in NYC.
- The regs governing the granting of extensions would now permit an extension to allow for negotiations as noted above. Also, the factors to be considered by the IHO in determining whether to grant the extension include “whether the delay in the hearing will facilitate other matters that will positively contribute to the child’s educational interest or well-being.”