08/30/2024
Here is a little known fact about IEPs at the state level!
Monday Mind-Opener: Like many federal laws, it’s up to each state to decide how an IEP is implemented. Confusing? Yes.
The key point to remember is that states can do more than what IDEA requires but cannot do less than what IDEA regulations require. For example, in Pennsylvania, Intellectually Disabled students get re-evaluations every two years. IDEA calls for a re-evaluation every three years, but every two years benefits the student. Pennsylvania could say they will do them every five years, but that is less than what is required. Make sense?
A second example, instead of waiting 45 days to obtain your student's education records under FERPA, California has its own complementary law. California Education Code Section 49069 requires schools to provide parents access to their students' records within 5 business days of the request. Now that's fast!
Understanding these nuances can help parents and educators navigate the special education system more effectively!
