Special Education Law

Special Education Law Areas of Practice

Below is some information about the Special Education Law that we practice at Your School Attorney. There are many terminology in the Individuals with Disabilities in Education Act ("IDEA") and its regulations that are frequently abbreviated or initialized.

Assistive Technology Device (ATD)

Any object, piece of machinery, or product system used to augment, maintain, or improve the functional capacities of a kid with a handicap is referred to as an assistive technology device (ATD).

Assistive Technology Service (ATS)

Any service that directly aids a child with a disability in the choice, purchase, or usage of an Assistive Technology Device (ATD) is referred to as an Assistive Technology Service (ATS).

Core Academic Subjects (CAS)

English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography constitute the Core Academic Subjects (CAS).

Early Intervening Services (EIS)

The term Early Intervening Services (EIS) refers to developmental services that are intended to meet the physical, cognitive, communication, social or emotional, and/or adaptive development needs of an infant or toddler with a disability, as identified in the Individualized Family Service Plan (IFSP) Team. State regulations must guarantee that EIS are accessible to all babies and toddlers with disabilities and their families, according to Part C of the Individuals with Disabilities in Education Act (IDEA).

Educational Service Agency (ESA)

A regional public multi-service organization is referred to as an educational service agency (ESA) if it is (1) recognized as an administrative agency for the purposes of providing special education and related services provided within public elementary schools and secondary schools of the state; and (2) authorized by state law to develop, manage, and provide services or programs to local educational agencies. Any other public institution or entity that has administrative control and direction over a public elementary school or secondary school is included in the definition of ESA.

Free Appropriate Public Education (FAPE)

An appropriate preschool, elementary school, or secondary school education is included in a Free Appropriate Public Education (FAPE), which is defined as special education and related services that are (1) provided at public expense, under public supervision and direction, and (2) provided without charge; (3) that meet the standards of the State Educational Agency (SEA); (4) that are provided in accordance with the student's Individualized Education Program (IEP).

Highly Qualified Teacher (HQT)

A highly qualified teacher (HQT) is one who satisfies the requirements of both the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities in Education Act (IDEA).

Independent Educational Evaluation (IEE)

An Independent Educational Evaluation (IEE) is an assessment carried out by a certified examiner who does not work for the public organization in charge of the child's education. If a parent disagrees with an assessment acquired by a public agency, the parent has the right—subject to governmental regulations—to an IEE at taxpayer cost.

Individualized Education Program (IEP)

According to the provisions of the Individuals with Disabilities in Education Act (IDEA), an Individualized Education Program (IEP) is a written plan for a child with a disability that is created, evaluated, and changed.

Individualized Family Service Plan (IFSP)

States must maintain systems to ensure that every infant or toddler with a disability, as well as the infant's or toddler's family, receives a written Individualized Family Service Plan (IFSP), developed by a multidisciplinary team, including the parents, and outlining the appropriate transition services for the infant or toddler. This is required by Part C of the Individuals with Disabilities in Education Act (IDEA).

Independent Hearing Officer (IHO)

The Due Process Hearing shall be conducted by and decided by an impartial hearing officer (IHO), who will not be employed by the public agency or otherwise conflicted in the issue.

Location Educational Agency (LEA)

A location educational agency (LEA) is a public board of education or another public authority that is legally established within a state for the purpose of exercising administrative control or direction over (or providing a service to) public elementary schools or secondary schools located within a city, county, township, school district, or other political subdivision of a state, or for any combination of school districts or counties that are recognized by a state as an administrative age.

Limited English Proficiency (LEP)

An individual who has limited English proficiency (LEP) is someone who, due to their background, has difficulty speaking, reading, writing, or understanding English. These difficulties in English may be severe enough to prevent the individual from being able to meet the state's proficient level of achievement on state assessments, as well as from being able to succeed in school. LEP individuals range in age from 3 to 21.

National Instructional Materials Accessibility Standards (NIMAS)

The standard should be followed in the creation of electronic files suitable and utilized only for effective conversion into specialized formats is the National Instructional Materials Accessibility Standards (NIMAS). Specialized formats include large print versions of printed instructional materials that are distributed exclusively for use by the blind or other people with disabilities. Specialized formats include Braille, audio, or digital text that is exclusively for use by the blind or other people with disabilities.

Office of Special Education Programs (OSEP)

The Office of Special Education and Rehabilitative Services, which is a division of the federal Department of Education, includes the Office of Special Education Programs (OSEP). The Individuals with Disabilities in Education Act (IDEA) and other programs and activities pertaining to the education of children with disabilities are administered and carried out by OSEP, the primary agency of the Department of Education.

Response to Intervention (RTI)

The Individuals with Disabilities in Education Act (IDEA) mandates that states must allow the use of a procedure based on the child's Response To Intervention (RTI), which is scientific and research-based, for assessing whether or not a child has a specific learning impairment (SLD).

State Educational Agency (SEA)

The state board of education or another organization or official is referred to as a state educational agency (SEA), and they are both principally in charge of the state's control over public elementary and secondary schools. The Department of Elementary and Secondary Education is Missouri's equivalent of the SEA. The State Board of Education (SEA) in Illinois is an organization.

Specific Learning Disability (SLD)

The term "specific learning disability" (SLD) refers to a dysfunction in one or more of the fundamental psychological processes involved in comprehending or utilizing language (spoken or written), which may show up as faulty listening, speaking, thinking, reading, writing, spelling, or mathematical computation skills. The term "SLD" covers a variety of conditions, including perceptual impairments, brain damage, minimal brain dysfunction, dyslexia, and developmental aphasia, but it excludes learning difficulties that are primarily brought on by physical or mental impairments, emotional distress, or social, cultural, or economic disadvantage.