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There are several great articles in this issue.Enjoy,JudyJudy HigginbothamRegion 2 TA CoordinatorECAC907 Barra Row, Suites 102/103son, NC 28036_____ From: specialedenews@... Sent: Thursday, October 07, 2010 12:20 PMTo: jhigginbotham@...Subject: Special Ed e-News<http://www.specialedconnection.com/> October 7, 2010Special Ed e-News<http://www.shoplrp.com/speced> NewsAttorneys: IEP teams need more training on prior written notices Training staff on writing compliant prior written notices should be a toppriority in many districts this school year, attorneys say. While senioradministrators tend to have a good grasp on what prior written notices areand when they are required, staff members

charged with writing the noticesgenerally do not. "A lot of IEP teams are chronically undertrained in thisarea," says Rodick, a school attorney with Hodges, Loizzi,Eisenhammer, Rodick & Kohn in Illinois. The less training you provide tostaff on this topic, the more likely they are to make mistakes, he adds.Leaving out required elements of the notice and not clearly articulatingwhat your district proposes or refuses are top errors, attorneys say. Suchmistakes can lead to procedural violations under the IDEA andmisunderstandings among parents. Frequent training "will go a long way inhelping your district avoid these mistakes," says Estes, a schoolattorney with California-based Dannis Woliver Kelley. Start by trainingstaff on what a prior written notice is, when it is required, and what itcontains, Rodick says. "You can't jump into how to write a good notice whenstaff [doesn't] know

when they need to send one in the first place," hesays. Get more advice on prior written notices and access the SmartStart:Procedural Safeguards -- Notice to Parents on Special Ed Connection®. For afree trial, call .New Senate bill would allow IEPs to authorize restraint in some cases Although it is very late in the legislative season, Sen. Dodd,D-Conn., has not given up in his bid to limit the use of restraint andseclusion in schools. Dodd is a member of the Health, Education, Labor andPensions Committee and is not seeking reelection. To get the support of aRepublican lawmaker, however, Dodd had to rewrite the bill he introduced inDecember, S. 2860. A version of that bill, H.R. 4247, was passed by theHouse in March. Dodd's new bill, the Keeping All Students Safe Act, S. 3895,departs from the original in at least three respects. First, it would permitphysical restraint and

seclusion to be included in an IEP or other studentplan if the language conformed to the bill's minimum standards on the use ofsuch techniques; if the student has a history of dangerous behavior; and ifa functional behavioral assessment has been conducted and a BIP put inplace. The minimum standards include a prohibition on mechanical restraint;chemical restraint; physical restraint or physical escort that restrictsbreathing; and any "aversive behavioral intervention that compromises healthand safety." The Education Department would have one year to issue thestandards as regulations. States would then have two years to create a planfor implementing them. Log in to Special Ed Connection® to read the new billand to find out how else it differs from the original. Plus, access relatedstories and guidance in the Restraint and Seclusion Roundup. For a freetrial, call .Case

FilesFailure to address writing deficit denies child essential services Reasoning that a Texas school district never adequately addressed a highschooler's severe deficits in written expression, a federal District Courtruled that the district denied the student FAPE. Although the courtdetermined that the residential aspect of the student's unilateral placementwas unnecessary, it held that the educational aspect of the program wasappropriate. It therefore ordered the district to pay for the educationalbut not residential expenses that the parents incurred at the privateprogram during the 2008-09 and 2009-10 school years. Klein Indep. Sch. Dist.v. Hovem, 110 LRP 54905 (S.D. Tex. 09/27/10). 1-year-old's right to free nursing care is subject to D.C.'s fee schedule The U.S. District Court, District of Columbia affirmed a hearing officer'sdetermination that although night nursing services for a

one-year-old whowas born prematurely were covered under IDEA Part C, the parents'entitlement to full reimbursement was not automatic. Because the parentswere entitled to reimbursement only to the extent permitted by thedistrict's sliding fee schedule, the IHO correctly ordered the district toproperly determine the parents' income. Quinn v. District of Columbia, 110LRP 55313 (D.D.C. 09/27/10).<http://www.educationaudios.com/images/spacer.gif> Audio ConferencesAudio Conferences <http://www.educationaudios.com/> - Register Today!Evaluation and <http://www.educationaudios.com/audioed_4.html> Eligibility:Evolving Legal Trends and Best Practices for CompliancePresented by Art Cernosia, Esq.Oct. 13, 2010Autism <http://www.educationaudios.com/audioed_5.html> Methodology and theIEP Team: Strategies to Meet Students' Needs and IDEA RequirementsPresented by

Elena M. Gallegos, Esq.Oct. 21, 2010 One-to-One <http://www.educationaudios.com/audioed_2.html> Aides: SoundDecision Making for IEP TeamsPresented by a Maddox Roalson, Esq.Nov. 4, 2010NEW!From <http://www.educationaudios.com/audioed_1.html> Contentious toFruitful: Preparing for and Conducting the Difficult IEP MeetingPresented by Martín, Esq.Nov. 17, 2010Visit <http://www.educationaudios.com/> www.educationaudios.com for thecomplete schedule of audio conferences and Webinars! Sign up for a FREESpecial Ed Connection ®trial subscription! <http://www.specialedconnection.com/SEC/freetry.htm> <http://www.shoplrp.com/> Special Ed e-news brings you significant case decisions and importantdevelopments in special education. The stories

mentioned in this e-newsedition are brought to you by <http://www.specialedconnection.com/> SpecialEd Connection®, LRP Publications' one-stop online reference center for allyour special education needs.UNSUBSCRIBEIf you wish to be removed from this e-mail service, click<http://www.specialedconnection.com/SEC/specialedenews_unsub.html> here.FEEDBACKSpecial Ed e-news is delivered to your e-mail inbox every Thursday. You arereceiving Special Ed e-news because you signed up for it. You havepermission to forward this e-mail, in its entirety, to other specialeducation professionals. Any other reproduction or use is not permittedwithout authorization from LRP Publications. Send any comments or questions to: specialedenews@...CONTACT US1- custserve@...www.shoplrp.com/specedCopyright 2010© LRP Publications360 Hiatt Drive, Palm Beach Gardens, FL 33418.

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