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The Response-to-Intervention (RtI) movement is enabling public education in the United States to evolve from a reactive model in which students had to seriously deteriorate before being moved on to special education programs, to one that emphasizes early and high-quality research-based interventions in regular programs that generate useful data with which to make key decisions for each struggling student. This evolution, however, has taken place against a backdrop of legal requirements for special education referrals and evaluations that remain almost unchanged from those of more than 30 years ago. The meeting of RtI innovations and the traditional child-find requirement of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004) has many scratching their heads over exactly how the rules fit into the modern intervention era. Both the misconceptions that have become commonplace, as well as the legal disputes created by this juncture, make one wonder whether we truly grasp the fundamental child-find obligation of the IDEA in its present context.

The Response-to-Intervention (RtI) movement is enabling public education in the United States to evolve from a reactive model in which students had to seriously deteriorate before being moved on to special education programs, to one that emphasizes early and high-quality research-based interventions in regular programs that generate useful data with which to make key decisions for each struggling student. This evolution, however, has taken place against a backdrop of legal requirements for special education referrals and evaluations that remain almost unchanged from those of more than 30 years ago. The meeting of RtI innovations and the traditional child-find requirement of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004) has many scratching their heads over exactly how the rules fit into the modern intervention era. Both the misconceptions that have become commonplace, as well as the legal disputes created by this juncture, make one wonder whether we truly grasp the fundamental child-find obligation of the IDEA in its present context.

Register here now!What:Reaching the age of 18 can be an exciting time. It’s also a time when many questions arise around legal responsibilities for young adults with disabilities and needs for continuing support. Families and professionals need information and assistance to think through questions around who will makes certain legal decisions- including about health care- and how to support young adults to assume greater responsibility for decision making over time. Guardianship is often used as a solution, yet it is important to understand the potential benefits and drawbacks of this and other legal approaches to providing decision making assistance. From an advocacy perspective, the goal is to protect as much independence as possible while supporting safe and clear decision-making processes. This webinar will discuss the options for support including from its least to most restrictive options. Tina Campanella, Executive Director of Quality Trust for Individuals with Disabilities, will lead this discussion. Quality Trust is an independent, nonprofit organization in Washington, DC supporting children and adults with disabilities through lay and legal advocacy services.When:Wednesday, March 14, 201212:00 pm - 1:00 pm MTContact:Got Transition? NHCTCPhone: (603) 228-8811

What: The COPAA Training Committee is proud to present this five part webinar series on Legal Issues in Special Education. Please note new pricing for webinars! We also have a brand new subscription option - you can now register for one session, one series or for one entire year! Legal Series (live sessions) Tuesday, October 4th, 2011 12:00pm - 1:30pm Mountain 2010 Annual Case Law Review Presenter: Judith Gran, Esq. Tuesday, October 11th, 2011 12:00pm - 1:30pm Mountain Legal Claims for Bullying and Harassment Presenters: Catherine Merino Reisman, Esq., Amy Carolla, Esq. Tuesday, October 18th, 2011 12:00pm - 1:30pm Mountain Litigating Claims for Unlawful Retaliation and Interference with Rights Tuesday, November 1st, 2011 12:00pm - 1:30pm Mountain Social Emotional Assessment: Meeting IDEA Requirements Presenter: Ann E. Simun, PsyD Tuesday, November 15th, 2011 12:00pm - 1:30pm Mountain Expanding Your Arsenal with Section 504 For a complete list of past recorded sessions (included in the subscription or available individually), please visit: http://www.copaa.org/conference-training/webinars/ Fees View Event Fees View Event Summary View Event Agenda Register for Event

Click here to register!What:The Autistic Self Advocacy Network, in conjunction with the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics, the Harvard Law Project on Disability and the UNESCO Bioethics Chair American Unit, is proud to invite you, to join us on December 10th for a Symposium on Ethical, Legal and Social Implications of Autism Research at Harvard Law School. The free event will run from 9 AM to 3 PM at the Harvard Law School campus, Hauser Hall, Room 105. Topics covered will include prenatal testing, community participation in research methodologies, appropriate and inappropriate intervention goals and much more. This symposium will serve a unique role in shedding light on ethics and values issues within the autism research community. By bringing together self-advocate and researcher participants, we hope this will serve as a starting point for meaningful dialogue between those conducting research on autism and the community of Autistic adults and youth. Confirmed participants include Administration on Developmental Disabilities Commissioner Sharon Lewis, ASAN President and IACC Public Member Ari Ne'eman, National Institute on Child Health and Human Developmental Director Alan Guttmacher, Harvard Law Professor Michael Stein, Paula Durbin-Westby, Emily Titon, Liz Pellicano, David Rose and many more.   This event is open to the general public without charge and is made possible by a grant from the Administration on Developmental Disabilities.When:Saturday December 10, 2011 9:00 AM to 3:00 PM ESTWhere: Harvard Law School, Hauser Hall Room 1051563 Massachusetts AvenueCambridge, MA 02138 Contact: Ari Ne'eman Autistic Self Advocacy Network 202.596.1056 info@autisticadvocacy.org

The individual education program (IEP) is of critical importance to educators, parents, and students. Through the IEP process school-based teams (a) assess the educational needs of a student, (b) develop meaningful and measurable goals that direct the student’s program, (c) develop and implement a program of special education and related services, and (d) monitor the student’s progress toward his or her goals. Our purpose in this article is to review the legal requirements in developing, implementing, and evaluating the IEP; examine the research that has been conducted on IEPs; and discuss the implications of the law and research for school-based teams in developing IEPs.

A U.S. Court of Appeals for the Ninth Circuit (CA, OR, WA, AZ, MT, ID, NV, AK, HI, GU, MP) three-judge panel has ruled that the parents of two children with autism stated a valid claim for damages under§ 504 of the Rehabilitation Act against the Hawaii Department of Education (HDE) for denying their children meaningful access to the benefit of a public education. The panel concluded that the parents’ allegations that HDE failed to provide the children with reasonable accommodations for their disabilities through autism-specific special education services, and failed to design the children’s Individualized Education Programs (IEP) to meet their needs as adequately as the needs of non-disabled students were met, were sufficient to raise a question of material fact as to whether HDE was deliberately indifferent in violation of § 504.

If your child needs Extended School Year Services (ESY) but the school does not want to provide these services, you need to learn about the legal requirements for ESY and how to use advocacy strategies to negotiate with the school.

Today, the Department's Office for Civil Rights issued guidance clarifying school districts' existing legal obligations to provide equal access to extracurricular athletic activities to students with disabilities. In addition to explaining those legal obligations, the guidance urges school districts to work with community organizations to increase athletic opportunities for students with disabilities, such as opportunities outside of the existing extracurricular athletic program. Students with disabilities have the right, under Section 504 of the Rehabilitation Act, to an equal opportunity to participate in their schools' extracurricular activities. A 2010 report by the U.S. Government Accountability Office found that many students with disabilities are not afforded an equal opportunity to participate in athletics, and therefore may not have equitable access to the health and social benefits of athletic participation.

Each month, special education lawyer Matt Cohen answers selected questions from the LD OnLine community regarding legal issues for people with learning disabilities. Below are the newest questions answered by Matt Cohen. To view all questions, organized by topic, visit the All Questions section.