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Agreed- I’ve found that this is often the case- the law favors students and is so complex to the extent that 100% compliance is virtually impossible. That being said, I’ve read similar case law (to this topic/event) where school districts were found not at fault of denying FAPE regardless of various things they did in error. Violating a Behavior Intervention Plan or other parts of an IEP is not necessarily sufficient to force a school district to fund private support services for a disabled individual
Ah fair enough my bad. Wrightslaw.org can be a good resource in that vein in addition to various advocacy organizations and privately published special education law reference books. You’re right in that things can vary by state and district because they’re each allowed some interpretation of the federal law, but there are uniform requirements and obligations more explicitly imposed by IDEA. All that being said, courts have historically favored school districts in lawsuits pertaining to FAPE (free and appropriate public education) which this seems to ultimately be. I’ll be following this one!
I guarantee you that Indiana has a special education process guide, an evaluation and eligibility guide, and a handbook of procedural safeguards for parents. In addition to having to follow IDEA law with regards to IEPs and ADA law with regards to 504
regarding the gaming system - I could see one being included in a Behavioral Intervention Plan (which is part of an IEP when relevant) for use as positive reinforcement for target behavior or something, but I have never witnessed this or anything equivalent (ie gaming system access) done
There are plenty of times when school psychologists are the initial and primary evaluator for autism and these evaluations are very often comprised of the same, or more, components that would be conducted in a clinical setting. This falls under a duty called child find that is stipulated in IDEA federal law. That being said, our evaluations are conducted primarily to identify disabilities and inform the special education eligibility process. So there are many similarities between school psych and clinical evals and also some differences
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Its unfortunate you’re getting downvoted despite being one of the few commenters I’ve seen that seem to have a handle on IDEA law