Kirsch-Goodwin & Kirsch PLLC

Latest from Kirsch-Goodwin & Kirsch PLLC - Page 2

Here is a sample 504 Plan.  SCHOOL NAME Accommodation Plan Section 504 of the Rehabilitation Act of 1973 Student:                                               School Year:   2019-2020 Conference Date:  Grade:  Teacher:  Parents:   Address: Phone:    Is there a documented physical or mental impairment, which substantially limits a major life activity?               Yes    <!–[if supportFields]> FORMCHECKBOX <![endif]–>…
Can the school exit my child from special education?  A student cannot be exited from special education without an evaluation.  If the evaluation indicates the student is no longer in need of special education, then the parents may exercise their right to request an Independent Educational Evaluation (“IEE”).  Schools need not accept/agree with the independent evaluator’s conclusions, but the school must consider the conclusions.  If the Team still determines the student no longer qualifies for…
There ae 14 eligibility categories in Arizona for students to be considered for an IEP.  But remember, just having one of these disabilities does not automatically mean that the student qualifies for an IEP.  This is a 2-step process.  Having a disabilty that fits in one or more of these categories is the first step.  The second step is needing special education (specialized instruction).  If the MET (Multidisciplinary Evalution Team), by “consensus,” does not find…
Predetermination is a procedural violation that deprives a student of a FAPE in those instances in which the school has made decisions placement without parental involvement.  Under the IDEA, parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to the identification, assessment, educational placement, and provision of a FAPE to their child.  The IDEA requires that parents be members of any group that makes decision about…
   MANIFESTATION DETERMINATION REVIEWS (MDRs) The IDEA protects students with disabilities in disciplinary proceedings that may result in long term suspension or expulsion. Suspension over 10 days in a school year requires a Manifestation Determination Review (MDR) (see below). A student with a disability (with an IEP) may be suspended for up to 10 school days in a school year without FAPE being provided. Suspension for more than 10 school days is considered a long…
From an article that appeared in a local paper a while back: Hope Kirsch, a special education attorney with the law firm of Kirsch-Goodwin & Kirsch, PLLC, represents students with disabilities and their families throughout Arizona in school-related matters, including individualized education programs (IEP), due process, 504 plans, disciplinary matters and bullying. She was a special education teacher and school administrator for nearly 20 years and has a B.S. in special education from Boston University,…
OVERVIEW OF FEDERAL AND STATE LAWS ON PROVISION OF SPECIAL EDUCATION SERVICES IN CHARTER SCHOOLS  By Hope Kirsch and Lori Kirsch-Goodwin,  Although charter schools are exempt from many local and state regulations and state and local rules regarding operation and management, they are not exempt from federal and state laws regarding rights, access and discrimination against protected classes and students with disabilities, unless they do not receive federal funds (which will be discussed below). …