The Office of Special Education Programs (OSEP) is the office within the Office of Special Education and Rehabilitative Services (OSERS), a unit within the U.S. Department of Education, dedicated to improving results for infants, toddlers, children and youth with disabilities ages birth through 21 by providing leadership and financial support to assist states and local districts. OSEP, directly and through its partners and grantees, develops a wide range of research-based products, publications and resources to assist states, local district personnel and families improve results for students with disabilities.
OSEP provides information, guidance and clarification regarding implementation of the Individuals with Disabilities Education Act (IDEA) in a number of ways including Memos, Dear Colleague Letters, and Policy Letters. Some of these guidance documents are listed below. Additional documents can be found at http://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/index.html?exp=0
Pursuant to IDEA, 34 CFR §300.519, and Section 15.00 of the ADE, Special Education and Related Services, Procedural Requirements, a public agency must appoint a surrogate parent to ensure that the rights of a child are protected when:
A surrogate parent may represent the child in all matters relating to the identification, evaluation, and educational placement of the child, and the provision of FAPE to the child.
The public agency must ensure that a surrogate parent:
In an effort to assist districts in providing knowledge of IDEA to surrogate parents, the ADE Special Education Unit has developed a PowerPoint presentation that may be used by districts for information and training purposes. Notes are included as part of the presentation to help facilitate discussion.
In recent years, the U.S. Department of Education has encouraged state departments of education to review their respective statutes, regulations, rules, or advisory documents, regarding the use of student restraints in public schools to determine whether they need to be updated or developed, and issued a Resource Document to aid states and school districts in this process.
In an effort to assist Arkansas school districts, the Arkansas Department of Education (ADE) has developed Advisory Guidelines for the Use of Student Restraints in Public School or Educational Settings. It is ADE’s recommendation that districts review and consider these guidelines when developing or revising their own policies and procedures for implementation during the school year. These guidelines are not regulatory, but provide useful information regarding prevention and appropriate use of physical restraint. The guidelines also provide suggested procedures for training district staff, reporting incidents, and debriefing. Also attached is a sample Incident Record and Debriefing Form.
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