New Laws that Impact Special Education


Specific Learning Disability: Dyslexia. This section defines dyslexia and provides that it is one of the several disorders included as a specific learning disability. This statute requires that  students suspected of having dyslexia or who have been identified as dyslexic be referred for a case study evaluation.

Independent Educational Evaluation: The prior law required that schools send notice of an IEP meeting within ten days if the IEE was at public expense or within ten days of parental request if the IEE was at parental expense. Under the new version, the school must send notice of an IEP meeting within ten days of receipt of an IEE, regardless of whether it was conducted at public or parental expense.

Mediation: This section now provides that the agreement of the parties to use mediation triggers “stay put”. If mediation is unsuccessful, parents have an additional ten days to request a due process hearing to continue to invoke stay put. Practice Note: Both parties must agree to mediation. If they don’t, the stay put is not in effect. If there is any doubt, the parents should file for due process. Mediation may still be an option.

Developing the IEP: The new statues requires that an IEP shall be implemented no later than ten school days after provision of a prior written notice. The section adds that if the new IEP is developed within less than ten school days remaining in the school year, it shall be implemented by the beginning of the next school year (or ESY if provided for in the IEP).

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About Micki Moran

Micki Moran is the founding partner of The Child and Family Law Center, Ltd. She dedicates her practice to providing legal assistance to children and families who are in need of representation in the areas of special education, disability law, juvenile and young adult criminal law, abuse and neglect, guardianship, and mental health issues. Micki's practice is founded on the principle that children and their families require and deserve excellent legal representation with a multidisciplinary approach that works with multiple systems of care and creates communities that support and improve the quality of all peoples' lives.
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