Special Education State Guidance
Athletic Eligibility and Students with Disabilities - Guidance on applying the State rule on athletic eligibility for students receiving special education.
At-Risk or Alternative Education and Special Education - Eligible individuals may participate in at-Risk or alternative education schools, programs, or services.
- Guidance for Considering Compensatory Education
- IJH Parent Letter
- Considering Compensatory Education 2-7-2014 PowerPoint
Distinguishing Schools vs. Programs - Guidance for districts about the rules/ramifications surrounding if locations are a school or a program.
Early Intervening Services Guidance Memo (August 2010) - Memo on permissible uses of 15% of Part B funds for coordinated early intervening services in general education.
Eligibility Determinations Without AEA Staff - Explains the Law's requirement that AEA staff be a part of any decision that a child is eligible for special education.
Grades, Diplomas, and Transcripts for Students with Disabilities (2006-09-20) - This document was released for review, as a Field Edition in August of 1998. A wide variety of people, ranging from teachers and administrators to parents and administrative law judges, carefully critiqued the document. After concerns and suggestions were received from this diverse group, all comments were individually considered and many of them are reflected in the final document titled Grades, Diplomas, and Transcripts for Students with Disabilities (March 1999) It is hoped that this document will answer many of your questions and that it will serve as a guide for you as you strive to meet the needs of students with disabilities.
Independent Educational Evaluation FAQ - This document answers many common questions about independent educational evaluations for children under the IDEA.
Limitations on Filing CINA Petitions - Explains filing CINA Petitions to obtain Mental Health or other services for children with disabilities and when this practice is permissible and when it is not.
Multiple Measures in Eligibility Requirement - Explains how special education eligibility determinations based on single factors are improper.
Nonpublic Schools and Special Education Services
- Special Education and Nonpublic Schools Guidance
- ICN Follow-up Questions - Questions received and answers given during an ICN session in 2010 regarding special education in nonpublic schools.
Placement of Students Ages 3-21 with Disabilities Under the Individuals with Disabilities Education Act (IDEA) - Guidance for teams making placement decisions for children with disabilities. It answers ten key questions about placement decisions, with supporting references from state and federal law.
Revocation of Consent for Continued Special Education Services - Addresses commonly asked questions that arise when a parent revokes consent for a child's continued special education services.
Revocation of Consent for Continued Special Education Services When Parents Disagree - Explains when one parent requests that special education services be ended, special education services must end, even when the other parent wants services to continue. Also provides guidance about how to determine whether a parent has sole power to make educational decisions.
Service Animal Guidance - This document addresses issues associated with the use of service animals in schools under the Americans with Disabilities Act.
Special Education Services in Difficult Budgetary Times - Explains when it is and is not permissible to consider cost or cost savings when deciding programs for eligible individuals.
Transporting Students with Special Needs - The Department is currently updating the document. Please check back in March of 2013.
Use of Special Education Funds
- Use of Special Education Funds, Questions and Answers - Answers commonly asked questions about permissible uses of special education funds under state and federal law, including permissible and impermissible examples.
- Use of Special Education Funds, Explanatory Charts - Charts illustrate and explain the use-of-funds concepts contained in "Use of Special Education Funds, Questions and Answers" document above.
Withdrawal from Special Education and Section 504 - Clarifies that parents who withdraw their children from special education are not entitled to demand Section 504 Plans.