Learning the Language of IDEA

BIP - Behavior Intervention Plan - An individually positive based intervention system designed by the PET to assist a student to acquire educationally and socially appropriate behaviors and to reduce patterns of dangerous, destructive, disruptive or defiant behaviors (MSER 2.15).

DOE = Department of Education

Educational Performance - This includes academic areas (reading, math, communication, etc.), non-academic areas (daily life activities, mobility, etc.), extracurricular activities, progress in meeting goals established for the general curriculum, and performance on State-wide and local assessments.

ED - Emotional Disability - One of 13 disabling conditions under IDEA, also referred to as "severe emotional disability." See Disabling Conditions.

FAPE = Free Appropriate Public Education - Students classified with a disability are entitled to a free appropriate public education. Appropriate means reasonably calculated to lead to the advancement in the general curriculum. Free and public means at no cost to the parent, including transportation expenses, for an individualized education program involving modifications in the classroom or curriculum and/or supportive services, such as transportation, counseling, speech therapy, etc. in the least restrictive environment. IDEA applies to public schools.

FBA or Functional Behavioral Assessment - school based process in PET Meeting to determine 1) why student engages in challenging behaviors resulting in disciplinary action, 2) to hypothesize and address the general conditions under which a problematic behavior occurs, 3) probable consequences to the student, and 4) strategies that include positive behavioral approaches to address those behaviors.

IDEA - Individuals with Disabilities Act - Federal law entitling students with one of 13 qualifying disabilities to receives specialized instruction and supportive services. 20 USCA 1400 et. seq., 34 CFR Part 300

IEP = Individualized Education Plan - Written document developed at a PET Meeting detailing the student's educational program and services, including the student's problem areas, current level of performance and annual goals with short-term measurable and objective achievement goals. One must be in place at the beginning of every school year. Educational programs involve both academic and non-academic skills (ie., social skills, communication skills, extracurricular activities).

IEE or Independent Educational Evaluation - If the parent disagrees with the school's evaluation, the parent may request an independent evaluation at public expense. This means the school must pay for it and the parent may choose the evaluator. The evaluator, however, must be located in the state of Maine and must be qualified to conduct the evaluation. A school can request a due process hearing if it disagrees with the need for an independent evaluation. The school has 30 days to respond to the parents' request. If the school refuses to grant an IEE, the school must request a due process hearing with the Maine Department of Education.

IAES = Interim Alternative Educational Setting - A temporary educational setting (up to a maximum of 45 school days) for students classified with disabilities who are being disciplined for 1) bringing a weapon to school, 2) bringing illegal drugs to school, or 3) injuring someone. If the behavior does not involve one of the 3 conditions listed above, the school cannot place a student in an IAES without first requesting a hearing before the Maine DOE and proving that the student presents a danger to self or others.

LD - Learning Disability - One of 13 disabling conditions under IDEA. See Disabling Conditions.

LRE = Least Restrictive Environment - The actual placement for a student with a disability. LRE involves interaction with non-disabled peers to the maximum extent appropriate and located physically closest to the child’s home. Students with disabilities must be placed in the LRE. Continuum of LRE placements is as follows (from least restrictive to most restrictive): regular classes, resource classroom, self-contained placement, public separate day school, private separate day school, public residential, private residential, and hospital/home tutoring. Please note tutoring is the most restrictive placement.

Manifestation Determination - When a child is going to be removed from school for more than 10 cumulative or consecutive school days, the PET must hold a manifestation meeting to determine if the behavior resulting in the disciplinary action:
1) is directly and substantially related to the child's disability or
2) is directly a result of the school’s failure to implement the IEP.
If there is a manifestation, student cannot be disciplined for behavior. Instead, IEP should be changed to address behaviors. If there is not a manifestation, student can be disciplined like non-special education students.

MH - Multiply Handicapped - One of the 13 qualifying disabilities under IDEA that involves a determination that the student has 2 or more of the qualifying disabilities identified under IDEA. See Disabling Conditions Section.

OCR = Office of Civil Rights (504) - Investigates violations of and enforces compliance with Section 504.

OHI - Other Health Impairment - One of the 13 qualifying disabilities under IDEA. See Disabling Conditions.

PET = Pupil Evaluation Team - Group that determines whether a student has a disability requiring special education, and if so, develops the IEP. Participants must include: parents, one regular ed teacher if the child takes any regular ed classes, one of the student's special ed teachers, school district rep (usually the special ed director), someone who can interpret the evaluations, the student if appropriate, anyone the parent or school invites who has some special knowledge about the student, and if transition planning is required, the agency that will be handling the transition plan services.

Section 504 (of the Rehabilitation Act of 1973) - First law entitling students with disabilities to a free appropriate public education, actually included in a federal labor statute, 29 USCA 706 and 794; 34 CFR Part 104. In order for Section 504 to apply, the school must receive federal financial assistance. The definitions of disability are broader than under IDEA for classification purposes; however, for procedural protection purposes, Section 504 is not as strong as IDEA. If the student is classified under section 504, a 504 plan must be put in place. If a school violates Section 504, parents follow the local school district policy regarding 504 grievance and can also file a complaint with the regional Office of the Civil Rights.

SED - Severe Emotional Disability - Also referred to as Emotional Disability (ED), which is one of the 13 qualifying disabilities under IDEA. See Disabling Conditions.

SLD - Specific Learning Disability - Also referred to as Learning Disabled (LD), which is one of the 13 qualifying disabilities under IDEA. See Disabling Conditions.

Stay Put - When a due process hearing is requested and pending, the child stays in the current educational placement ("stay put") unless the parents and school agree to an interim placement throughout the course of the litigation.

Transition Plan - Results oriented programming that serves to move the student from school to community living. There must be a transition plan as part of the IEP that takes into account the student's interests once the student is 16 and it must address both academic and functional needs.

Triennial Evaluation - The school must conduct a new evaluation on a student classified with a disability every 3 years.