Exceptional Education FAQ
Please review the following questions & answers. If you are unable to find an answer, please contact us for assistance.
Please note: We use the abbreviation IEP frequently. It stands for Individualized Education Program and is a written document that includes a statement of the special education and related services that will be provided:
- to enable the child to advance appropriately toward attaining the child’s annual goals
- to be involved in and make progress in the general education curriculum
When providing consent for an evaluation or reevaluation, can parents attach conditions to their consent?
As part of any evaluation, the IEP team, which includes the parents, must review existing data and determine what, if any, additional data are needed to determine if the child is or continues to be a child with a disability and his/her educational needs. Although the parents are part of the team that determines what additional data are needed, parents cannot put conditions on their consent (such as only agreeing to consent to assessments in one area and not another, limiting the type of assessment tools to be used, or requiring a specific evaluator).
Can a parent revoke consent for a particular special education service?
No. Parents can revoke consent for the continued provision of special education and related services to their child in their entirety. Parental consent is for special education and related services generally, not for a particular service or services.
If a parent has provided informed written consent for an initial evaluation, is it necessary for the school to also obtain consent prior to the initial provision of special education services?
Yes. Schools are required to obtain informed consent from the parent of a child determined eligible to receive special education and related services before initially providing special education and related services, and parental consent for initial evaluation is not the same as consent for the initial provision of special education or related services.
Does a school have to develop an IEP for a student newly identified as eligible for special education if the parent refuses to provide initial consent for special education services?
No. If a parent refuses consent for the initial provision of special education services or fails to respond to a request for such consent, a school may go ahead and develop an IEP to show parents what services the child would receive if the parents provided initial consent, but there is no requirement that schools do this.
Are schools required to get parental consent on an annual basis before implementing each new IEP?
Consent is required before the initial provision of special education services, but no new consent is required if a disability category changes or if the IEP team decides to expand the delivery of services, and consent is not needed on an annual basis when a new IEP is developed and implemented.
Can students with IEPs be suspended or expelled?
Yes, students with IEPs can be suspended or expelled, but they are entitled to certain protections under the law.
Do IEP teams determine whether a student with an IEP can be suspended or the scope of the discipline?
No, there is nothing in the federal regulations or Arizona State Board of Education rules that allows a school to cede to parents or an IEP team the deciding voice on whether discipline is imposed or the scope of the discipline.
When a student with an IEP is suspended or expelled, does the student continue to receive special education instruction and services?
During the first 10 days of suspension in a school year, the student is not entitled to receive special education instruction and services. After a student is suspended for more than 10 days in the same school year, the student is entitled to a free appropriate public education (FAPE), meaning that some special education instruction and services continue.
Do the protections of the IDEA only begin when a student has been determined eligible?
Students not yet eligible for special education may assert the protections of the IDEA if the parents expressed in writing a concern that the child might need special education; if the parents requested an evaluation; or if school personnel shared with administrators concerns about a student’s behavior or lack of progress.
Does bus suspension count as a day of suspension?
If transportation is designated as a related service on a student’s IEP, a bus suspension is treated as disciplinary suspension unless the district can provide an alternate form of transportation.
Do partial days of suspension and in-school suspension count as days of suspension?
Portions of a school day that a child has been suspended may be considered a suspension. Sending a student home early for behavioral reasons also counts as a suspension. In-school suspension does not count as a suspension if the student continues to receive special education instruction and services.
Can the school contact law enforcement to report a crime allegedly committed by a student who is eligible for special education?
There is nothing in the federal regulations or State Board rules that prohibits a school from contacting law enforcement when a student is suspected of a crime.
Who determines which special education services are provided to a student with a disability who has been removed for disciplinary reasons?
If the disciplinary removal is not a change in placement (determined by the school), school personnel (in consultation with at least one of the child’s teachers) determine the services that are needed during the removal period. If the removal is a change in placement, then the IEP team determines the appropriate services to be made available.
What is a manifestation determination meeting and when does this happen?
A manifestation determination occurs when a student is suspended for more than 10 cumulative days in a school year. The purpose of a manifestation determination meeting is to decide whether a student’s conduct was caused by or directly related to their disability or was the result of the school’s failure to implement the student’s IEP. Within 10 school days of any decision to change the placement of a child with a disability for disciplinary reasons, a manifestation determination meeting must take place.
When is a functional behavioral assessment (FBA) required, and when is a behavioral intervention plan (BIP) required?
Schools are required to conduct an FBA and create a BIP for a student when their behavior that led to a change in placement for a removal for more than 10 consecutive days is determined to be a manifestation of the student’s disability.
Does a student eligible for special education have the right to attend his/her neighborhood school, the one he/she would attend if not disabled?
A child with a disability should be educated in a school as close to the child’s home as possible, unless the services identified in the child’s IEP require a different location. The IDEA regulations do not require all schools in a district to provide all the special education and related services for all types and severities of disabilities. A district may have two or more equally appropriate locations that meet the child’s special education needs, and school administrators have the flexibility to assign the child to a particular school or classroom.
Can a student who has good grades and is advancing from grade to grade still be eligible to receive special education instruction and services?
Yes. The IDEA regulations state that all children with disabilities who need special education, regardless of the severity of their disability, are identified, located, and evaluated. As part of a district’s Child Find obligation, a school must include children who are suspected of having a disability, even if they are advancing from grade to grade.
Can a student eligible for special education be suspended or expelled?
Yes. Children with disabilities are subject to the same consequences and punishments as their nondisabled peers, but they are guaranteed certain protections under the IDEA. After the child with a disability has been removed from the current placement for more than 10 school days in a given school year, the school must provide services to enable the child to progress in the general curriculum and appropriately advance toward achieving the goals set out in the child’s IEP.
Do students stay in special education until they graduate from high school?
Because children with disabilities may need more time to master content, they remain eligible to receive a free appropriate public education up to age 22 as long as they remain eligible, but they are not required to. IEP teams can exit a student from special education when a student no longer meets eligibility requirements.
Are schools always required to conduct evaluations or reevaluations upon parental request?
No. If a school has no basis for suspecting that a student might have a qualifying disability, it does not need to conduct an initial evaluation. In those cases, however, educators must inform parents of their decisions in a prior written notice and give them the opportunity to challenge the decision by requesting mediation or filing for due process.
What is an independent educational evaluation (IEE) and when is a parent entitled to one?
An IEE is a second opinion. If parents disagree with the district’s evaluation, they can request an evaluation conducted by a qualified evaluator who is not employed by the district. A parent is entitled to one IEE at public expense each time the school conducts an evaluation with which the parent disagrees.
Can an IEP be amended outside of an IEP meeting?
Yes. The IDEA regulations state that after the annual IEP review, the parent and the school may agree to make changes to the child’s IEP without convening the IEP team, and instead may develop a written document to amend or modify the child’s current IEP.
Are schools required to get parental consent every year before implementing each new IEP?
Schools must obtain written consent from the parent before the initial provision of special education and related services to the child, but no new consent is required if a disability category changes or if the IEP team decides to expand the delivery of services, and consent is not needed on an annual basis when a new IEP is developed and implemented.
Can parents block an IEP they disagree with?
No. There is nothing in the regulations to suggest that parents can block an IEP they disagree with. If parents disagree with any IEP team decision, they can request mediation or file a due process complaint against the district.
Can the IEP team or parents decide which staff people will work with a student eligible to receive special education?
Placement decisions are made by a group of individuals that includes the parents and must be based on the child’s IEP. However, a placement decision is not the determination of a particular classroom within a school or the identification of particular teacher or school personnel who will provide services to the child.
Can a medical doctor prescribe an evaluation, an IEP, or determine services for a child with a disability?
No. Decisions regarding special education and related services are made by the child’s IEP team. Doctors can provide information for the team to consider, but they are not the sole decision-maker.
Does an IEP need to specify the exact number of minutes that a particular service will be provided to a child?
There is nothing in the IDEA regulations that requires an IEP to state the exact number of minutes that a particular service will be provided, but the amount of time for a particular service must be clearly stated in the IEP so that all parties understand.
Must a school include a parent’s preferred educational methodology in his or her child’s IEP?
Schools should consider parents’ preferences for specific educational methodologies, but the ultimate decision regarding which methodology to use belongs to the school. If a school offers an appropriate program, it is not obligated to utilize a methodology preferred by the child’s parent.
Can a parent or a school tape-record an IEP meeting?
The IDEA regulations do not address the issue of tape-recording IEP meetings, and Arizona has no law allowing or prohibiting this practice. TUSD/Ex Ed policy is that parents who wish to record an IEP team meeting have the right to do so, and if a parent records a team meeting, school personnel must also record the meeting.
How often does the IEP team meet?
An IEP must be reviewed periodically, but not less than annually. In addition, IEPs should be revised to address the child's lack of expected progress toward annual goals, new evaluation information, or the child's anticipated needs.
Can a school conduct an IEP meeting without a parent in attendance?
Yes. An IEP meeting can take place without parental participation if the school is unable to convince the parents that they should attend. Parental involvement in the IEP creation process requires schools to include parents unless they refuse to attend or do not respond to the school’s requests to meet.
Do schools need to accommodate parents who request an IEP meeting early in the morning, in the evening, or on weekends?
The IDEA regulations state that IEP meetings should be scheduled at a mutually agreed on time and place. The regulations do not require schools to schedule an IEP meeting outside regular school hours to accommodate parents or their experts.
According to IDEA regulations, transition services are the development of employment and other post-school living objectives. Beginning no later than the year a student turns 16, their IEP must include appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education and employment, as well as the transition services needed to assist the student in reaching those goals.
What is the Age of Majority in Arizona, and are there any special requirements regarding a student's transfer of educational rights?
When a student with a disability reaches age 18, all rights previously given to the student's parents or guardian are transitioned to the student, unless the student has been declared legally incompetent. Under certain circumstances, a student can appoint a parent to make educational decisions if the student is at least 18 and under age 22. The student can terminate the agreement at any time and resume the right to make decisions regarding their education.
When does an IEP need to begin including transition information?
No later than the first IEP to be in effect when the student turns 16, and updated annually thereafter.
Are students required to attend their IEP meetings when they are 16 or older?
The school must invite the student to attend IEP meetings if the purpose is the consideration of postsecondary goals and transition services. If the student doesn't attend the meeting, the school must take other steps to ensure the student's preferences and interests are considered.
What is a summary of performance (SOP) and when is it required to be written?
An SOP is a summary of a student's academic achievement and functional performance that includes recommendations on how to help the student meet postsecondary goals. The SOP must be completed in the final year of a student's high school education. If the SOP is not completed at the student's final IEP, district policy is that it must be done at least 45 days prior to graduation or exit from school.
If an outside agency is invited with prior parental consent to attend an IEP meeting, but cannot attend, what is the next step?
If the IEP team will discuss postsecondary goals and transition services, the school (with parental consent) must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services to attend the IEP meeting. However, if the participating agency doesn't attend the meeting, the school is not required to take other steps to obtain their participation in the planning of any transition services.
What is the Post School Outcomes (PSO) survey?
Students who have an IEP in place when they graduate from high school will be contacted by someone from their school a year after graduation. The purpose is to gather data on student engagement in postsecondary education, training or employment. It's important that students and their families respond so the school has up-to-date information about post school outcomes.
Must transportation be made available to all students who are eligible to receive special education and related services?
Not all children with disabilities require transportation. Each child’s IEP team must determine if transportation is required to enable the student to access education and receive a free appropriate public education (FAPE). Only when a child’s IEP team determines that transportation is necessary for the child to benefit from special education is a school obligated to provide such a service.
Do the regulations limit the amount of time a student with a disability can spend on the bus?
The IDEA regulations and Arizona State Board of Education rules are silent as to the amount of time a child with a disability can spend on the bus. However, generally the school day begins when the child gets on the school bus. Although the length of a school day is not addressed in the IDEA, as a general rule the length of a school day for a student eligible for special education should not be longer or shorter than a school day for a non-disabled peer.
Senior Director
Revised 05-18-2023