Tutoring as a Direct Service under IDEA

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In This Issue ...

ISSN: 1538-320
November 28, 2017

Pete Wright presents a Wrightslaw Special Education Law & Advocacy Training ConferenceSpecial Education Law & Advocacy Training Schedule

A child with a disability needs specially designed instruction which includes corrective supportive services and therapy, and, for example, tutoring.

The definition of Related Services and Special Education in IDEA, independent of each other, support tutoring as an appropriate service for FAPE.

Under Section 504 - access/equal opportunity applies.

The school is required to provide all the services described in the IEP right away. Missed sessions or interrupted services could constitute a denial a FAPE.

In this issue of the Special Ed Advocate you will learn about tutoring as a direct service under IDEA, not an accommodation or modification. Find out why some schools say no to services.

We hope you will forward this issue to other friends, families, or colleagues.

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Tutoring as a Direct Service under IDEA

Where should we put tutoring for a student on the IEP page? Is tutoring considered a reasonable accommodation or modification?

In Pete's opinion, tutoring and / or direct one-to-one remediation of a required academic skill, such as reading, is clearly supported in IDEA 2004. It is neither an accommodation or modification.


 

Homebound Services: 2 Hours/Week=FAPE?

My daughter is on home bound services. The school says it is only required to provide 2 hours of services a week, regardless of what the IEP team decides.

The IEP controls the services, regardless of where they are delivered – at home or in the public school.


 

Gatekeepers! Their Job is to Say "No!"

If you have health insurance through an HMO or managed care firm, you know about gatekeepers.

As you work to develop an appropriate program for your child, you may run into a Gatekeeper whose job is to uphold the “We can’t make exceptions” rule.


Wrightslaw: Special Education Law

 

IDEA 2004: FAPE Defined

Wrightslaw: Special Education Law, 2nd Edition. The legal concept of FAPE is defined in IDEA at 20 U. S. C. § 1401(9).

Related Services, § 1401(26) or Special Education, § 1401(29) in IDEA, independent of each other, support tutoring as an appropriate service for FAPE.

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