Office Of Special Education Programs Osep

Wed, 03 Mar 2010 16:49:14 +0000





 

The U.S. Department of Education, Office of Special Education Programs (OSEP), awarded $5 million to Benetech, in collaboration with The Carl and Ruth Shapiro Family National Center for Accessible Media (NCAM) at WGBH and the U.S. Fund for DAISY (USFDAISY), to create a research and development center that will improve the processes and availability of accessible images for students with disabilities. The R&D Center will be called DIAGRAM. (PRWeb Mar 3, 2010)

Read the full story at http://www.prweb.com/releases/2010/03/prweb3667734.htm

Benetech, WGBH National Center for Accessible Media and U.S. Fund for DAISY Receive $5 Million to Transform Production of Accessible Images
Wed, 03 Mar 2010 14:41:38 GMT

2. What is the legal authority under the IDEA for an SEA to require an LEA to correct individual student IEPs [individualized education programs] that the SEA has determined are noncompliant during monitoring activities such as student record reviews or to require that the IEP team for an individual student be reconvened when it is determined that the procedures for convening the IEP were not followed (e.g., failure by the LEA to provide timely written notice of an IEP team meeting)? Assume that the purpose of the SEA's monitoring activities is to determine whether the LEA is in compliance and/or whether the LEA has areas of systemic noncompliance. OSEP's Response: Under Part B of IDEA, each SEA must exercise general supervision over all educational programs for children with disabilities administered within the State, including programs administered by any other State or local agency to ensure that all such programs meet State educational standards and the requirements of 34 CFR Part 300.34 CFR § 300.149(a). The legal authority for an SEA to require its LEAs to correct individual noncompliance is the same as the legal authority for an SEA to require its LEAs to correct systemic noncompliance -- its general supervisory responsibility over all educational programs for children with disabilities administered within the State. Each State and its public agencies must ensure that a free appropriate public education (FAPE) is available to all children with disabilities residing in the State in mandatory age ranges. 34 CFR §§ 300.101, 300.201, and 300.17. Each child who is eligible to receive FAPE must have an IEP that meets the requirements of 34 CFR §§ 300.320 through 300.324. 34 CFR § 300.112. Note also that the parents of a child aged three through five may choose to have their child served through an individualized family services plan (IFSP) that is developed under the IEP procedures. 34 CFR § 300.323(b). Based on the example you have provided, if an SEA identifies noncompliance with individual student IEPs when it monitors an LEA, the SEA must require the LEA to correct the individual noncompliance as well as systemic practices that gave rise to the individual noncompliance. Of course, an SEA would need to consider the particular facts and circumstances that gave rise to the noncompliance in framing an appropriate corrective action.

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