Educational institutions and other youth organizations must meet a professional standard of care when it comes to special education and students with disabilities. School Liability Expert Group is trained to address educational policy issues involving school and higher education liability. More specifically, both plaintiff and defendant attorneys engage us in issues of higher education student safety and liability. Our highly experienced team offers expert witness services, consultations, school reviews, and training. Book a call to learn more about how School Liability Expert Group can assist with your specific case.
Special Education Standard of Care
The professional standard of care is the expected amount and type of treatment that any competent professional or program with the same background, environment, and resources would offer in the same situation. It is vital to maintain a proper understanding of the standard of care to avoid educational policy issues. Schools, universities, youth programs, and other educational institutions have a duty to provide a certain level of care and resources to children with disabilities to ensure they can benefit from an education tailored to their unique needs. School Liability Expert Group maintains expertise in the standard of care for special education programs and services.
When it comes to special education, there are various steps in which an institution must meet a standard of care: during the evaluation of a potential special needs student, when creating an individualized education program (IEP), and while special education services are being provided. For assistance on cases regarding these educational policy issues, book a call with School Liability Expert Group to discuss school and higher education student safety and liability.
The Evaluation Process
Prior to receiving special education services, a child must be evaluated to see if she or he has a disability. A child is selected for evaluation either by “Child Find” activities, referral, or request. Parental request is required before a child is evaluated, and the evaluation must be completed within a reasonable time frame. The evaluation must explore every aspect of the child’s potential disability to decide the child’s eligibility for special education services.
Educational policy issues may arise if parents do not approve of the outcome of their child’s evaluation. Parents have the right to take their child for an Independent Educational Evaluation (IEE) if they disagree with the school’s results, and they can request the school pay for the IEE. Afterward, eligibility is decided by a group of qualified professionals alongside the parents. The decision is based on the regulations set by the Individuals with Disabilities Education Act (IDEA). Parents can also challenge this decision by requesting a hearing.
Preparing an Individualized Education Program
A school has thirty calendar days after eligibility is determined to meet to prepare an IEP for the student to avoid educational policy issues. The parents must be notified of the time, location, purpose, and attendees of the meeting in advance. In matters of higher education student safety and liability, the burden of ensuring accommodations shifts to the child. So, it can be helpful in the long term to involve the student in the IEP meeting as well, when appropriate.
Once again, parents can disagree with the IEP and placement. If no resolution is developed over policy issues between the parents and IEP team, the parents can request mediation or file a complaint with the state education agency to request a due process hearing. School Liability Expert Group offers consultation services not only to attorneys but also to parents. At a parent’s request, we will review student records, assess current and potential school placement and services, and evaluate program quality.
Providing Special Education Services
The school must provide a copy of the IEP to a student’s parents and relevant teachers and service providers. The IEP should include details regarding the student’s accommodations and supports, and the school is responsible for carrying out the IEP as it was written to avoid educational policy issues. Parents must be given consistent progress updates at least as often as parents of nondisabled students are provided with progress updates.
While there are no IEPs for college, special education services are still important to higher education student safety and liability, and these plans can be a blueprint for the child’s future. Both public and private higher education institutions must provide equal access to education for students with disabilities, as covered by Title II and Title III of the Americans with Disabilities Act (ADA). Rather than a parent meeting with an IEP team, the student would meet with a university office that coordinates services for students with disabilities.
Due Process Procedures for Educational Policy Issues
The specifics of an IDEA due process procedure may vary depending on the state in which you reside. Additionally, laws regarding who has the burden of proof in due process hearings also vary from state to state. However, specifically for IDEA due process hearings, the Supreme Court ruled in Shaffer v. Weast (2005) that unless state law assigns differently, the burden will fall upon the party who requests the hearing.
During due process hearings, each party can invoke witnesses, testimony, documents, and legal arguments. It is very common to seek legal representation for these hearings. School Liability Expert Group offers a number of educational policy issues services beneficial during due process hearings, including expert witness services and consultation such as reports and testimony.
Addressing Disability Discrimination
Protecting students from disability discrimination is vital at all levels of education. Higher education student safety and liability must follow in line with ADA regulations. Schools can be found liable for negligence in cases of disability discrimination that could have been prevented by maintaining the professional standard of care. School Liablity Expert Group is a large firm with diversified experience that conducts school reviews and provides consultations on matters related to disability discrimination for both plaintiff and defendant attorneys.
With positive testimonials and highly trained, court-qualified experts, School Liability Expert Group can assist with educational policy issues at every level. Book a call today.