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Special Education Manual Table of Contents
1. Client Documents a. Sample Retainer b. Releases
i. Sample Release English ii. Sample Release Spanish
c. Suggested Initial Client Interview Topics d. Sample Records Request e. Legal Overview of Parent’s Right to School Records f. Sample Request for Contact Letter g. Sample Expert Retainer h. Sample Closing Letter i. Parent Advocacy Tips j. Special Ed Know Your Rights
2. Special Education Law
a. Statute and Regulations i. IDEA (20 USC 1400)
ii. IDEA Regulations (34 CFR 300, 301) iii. DC Code Title 5, Chapter 30, Sections 3000-3033 iv. Part C Final Regulations
b. Special Education Case Law i. Case Law Summaries (December 2011)
ii. Statute of Limitations (2010) c. New Special Education Legislation
i. Special Education Quality Improvement Act of 2014 ii. Enhanced Special Education Services Amendment Act of 2014
iii. Special Education Student Rights Act of 2014 d. Department of Education Office of Special Education Program Advisory Letters e. Other Resources
3. Office of the State Superintendent Policies (online at http://osse.dc.gov/service/special-
education) a. OSSE Part B Initial Evaluation/Reevaluation Policy b. OSSE IEP Process Policy and Memo (August 2011) c. OSSEE Final IEP Amendment Policy (January 2014) d. OSSE Related Services Policy (January 2010) e. Extended School Year (ESY)
i. OSSE ESY Services Policy (March 2011) ii. OSSE ESY Framework Guidance Tool
iii. OSSE ESY FAQ Guidance f. OSSE Least Restrictive Environment (LRE) Policy (March 2009) g. OSSE Secondary Transition Policy (January 2010) h. OSSE Transportation Policy
i. OSSE Transportation Policy Memo (July 2014) ii. OSSE Transportation Policy )July 2014)
i. OSSE Placement Policies i. OSSE Policies and Procedures for Placement Review (January 2010)
ii. OSSE Policies and Procedures for Placement Review – Parent Guide (January 2012)
iii. OSEE Policies and Procedures for Placement Review- Guidance (April 2010)
4. DCPS Policies a. DCPS Least Restrictive Environment (LRE) Policy b. DCPS Physical Restraint and Seclusion Policy c. DCPS Extended School Year (ESY) Policy (April 2011) d. DCPS Response to Interventions (RTI) Policy e. DCPS Memo re: LD-ED Classifications f. DCPS Policy on Visitors (2013)
i. DCPS Policy on Visitors (2013) ii. Visitors Policy Appendix A - DCPS Authorization to Release Records
iii. Visitors Policy Appendix B - Confidentiality Agreement for Visitor iv. CLC Suggested Addendum – Confidentiality Agreement
g. DCPS Bullying Prevention Policy (November 2013) h. Dedicated Aide Reference Guide Update (October 2011)
5. Accessing Services: Early Intervention Services for Children Ages 0-3
a. OSSE: Early Childhood Landscape in DC b. OSSE: Early Intervention Program FAQ c. Early Intervention Sample Documents d. OSSE Extended IFSP Option Policy (April 2014)
6. Accessing Services: Ages 3 and older
a. Early Stages Information i. Early Stages Parent Guide
ii. Early Stages FAQ
b. Referral for Services/Request for Evaluation for children over age 5 by parent
7. Evaluations a. Sample Consent for Evaluations b. Information on Common Evaluations and Interpreting Psychoeducational
Evaluations c. Sample Evaluations
i. Psychoeducational Evaluations 1. Psychoeducational Evaluation for Elementary School Child
(example of problematic evaluation) 2. Psychoeducational Evaluation for High School Student with
Emotional Disturbance (example of adequate evaluation) 3. Psychoeducational Evaluation for Child with Learning Disability
(example of adequate evaluation) 4. Psychoeducational Evaluation for Child with ED/LD/ADHD
(example of adequate evaluation) 5. Early Stages Psychological Evaluation (example of problematic
evaluation) ii. Neuropsychological Evaluation (example of adequate evaluation)
iii. Educational Evaluation 1. Educational Evaluation for Learning Disabled Student (example
of adequate evaluation) 2. Educational Evaluation (example of adequate evaluation)
iv. Speech-Language Evaluation 1. Speech-Language Evaluation (example of problematic evaluation) 2. Speech-Language Evaluation (example of adequate evaluation)
v. Occupational Therapy Evaluation 1. Occupational Therapy Evaluation for child with autism (example
of problematic evaluation) 2. Occupational Therapy Evaluation (example of adequate
evaluation) vi. Physical Therapy Therapy Evaluation (with explanation of school-based
Physical Therapy services) (example of adequate evaluation) vii. Assistive Technology Evaluation (example of adequate evaluation)
viii. Functional Behavior Assessment 1. Functional Behavior Assessment (example of problematic
evaluation) 2. Functional Behavior Assessment (example of adequate evaluation) 3. FBA and BIP for ES Student with Developmental Delay
ix. Social History Evaluation (example of adequate evaluation) d. DCPS Functional Behavior Assessment Checklist Form e. DCPS Speech Language Eligibility Checklist
f. Obtaining Independent Evaluations i. Sample Letter Requesting Independent Evaluations (IEE)
ii. IEE Authorization iii. DCPS IEE Parent Guide iv. Blackman Jones DCPS IEE Directive
g. Analysis of Existing Data Form h. Prior Written Notice for Evaluation
8. Eligibility for Special Education Services
a. Fact Sheets on i. ADHD Fact Sheet on Disabilities from NICHCY
(http://nichcy.org/disability) ii. Autism Spectrum Disorders Fact Sheet
iii. Blindness/Visual Impairment Fact Sheet iv. Cerebral Palsy Fact Sheet v. Deaf-Blindness Fact Sheet
vi. Deafness and Hearing Loss Fact Sheet vii. Developmental Delay Fact Sheet
viii. Down Syndrome Fact Sheet ix. Emotional Disturbance Fact Sheet x. Epilepsy Fact Sheet
xi. Intellectual Disabilities Fact Sheet xii. Learning Disabilities Fact Sheet
xiii. Other Health Impairment Fact Sheet xiv. Traumatic Brain Injury Fact Sheet
b. Disability Worksheets for Eligibility for Special Education (from OSSE/DCPS) i. Other Health Impairment Disability Worksheet
ii. Specific Learning Disability Worksheet iii. Emotional Disturbance Disability Worksheet
9. The Individualized Education Plan (IEP)
a. Consent for Services Form b. OSSE Parent Notice of Procedural Rights Manual c. Sample IEPs
i. Sample IEP for high school student with ED ii. Sample IEP for high school student with ED/LD/OHI
iii. Sample IEP for high school student with an intellectual disability iv. A. Sample IEP for elementary school student with developmental delay
B. Sample FBA/BIP for elementary school student with developmental v. Sample IEP for elementary school student with austism
d. OSSE Blank IEP Form
e. IEP Addendum- Transportation f. IEP Addendum- Behavior Intervention Plan g. Dedicated Aide/Paraprofessional Information
i. DCPS IEP Paraprofessional Justification Form ii. DCPS IEP Paraprofessional Users Manual
iii. DCPS Revised OSE Reference Guide-Dedicated Aides h. Prior Written Notice i. CLC Tip Sheet: Preparing for IEP Meetings j. CLC Tip Sheet: Questions to ask at IEP Meetings k. Sample of Attorney notes from IEP/MDT meeting l. Sample (2) of Attorney notes from IEP/MDT Meeting
10. Placements a. NCLB Teacher Qualifications Request Information b. DCPS: School Profiles Directory c. DC Public Charter School Board: Find a Charter School d. OSSE LEA Status of Charter Schools e. MySchoolsDC Lottery Information f. OSSE Approved Nonpublic Day Schools g. OSSE Approved Nonpublic Residential Programs h. OSSE Approved Nonpublic Psychiatric Residential Treatment Facilities i. Sample Referral Packet to a Non-Public School j. DCPS Special Education Programs link k. School and Program Information Toolkit
11. Missed Services/Compensatory Education a. Compensatory Education Authorization b. DCPS Parent’s Manual for Compensatory Education
12. Building a Case/Gathering Information
a. General Questions for a School Observation b. CLC Tip Sheet: Questions to Ask on a School Observation c. Sample School Observation Memo by CLC Investigator d. Addendum—DCPS Confidentiality Agreement
13. Litigating a Special Education Case
a. OSSE State Complaint Information i. OSSE State Complaint Information
ii. OSSE State Complaint Fact Sheet
iii. OSSE State Complaint Policy and Procedures b. Student Hearing Office (SHO) Standard Operating Procedure and Filing
i. SHO Standard Operating Procedure ii. SHO Standard Operating Procedure Amendment re: Expedited Hearings
iii. SHO Standard Operating Procedure January 2010 iv. SHO Standard Operating Procedure Repealing §1005 v. OSSE Memo Regarding the Filing of Due Process Complaints
vi. OSSE Memo on Due Process Hearing Notice and Hearing Officer Assignment
vii. OSSE Memo on Standard Practices c. Student Hearing Office: Orders and Motions
i. Dispute Resolution Disposition Form ii. Prehearing Conference
1. Notice of Prehearing Conference 2. Prehearing Conference: Subjects to be Considered 3. Prehearing Conference Order
iii. Motion for Continuance Form Motion iv. Notice to Appear Form Motion v. Hearing Officer Determinations (database info)
d. Litigation Samples and Documents i. Due Process Complaints
1. Blank Due Process Complaint Form 2. Sample Due Process Complaint for Placement (Student with
ADHD) 3. Sample Due Process Complaint for Placement (Student with
Mental Retardation) 4. Sample DPC for IEE redacted 5. Sample DPC for IEE (2) redacted 6. Sample DPC for IEE (3) redacted
ii. Motion for Expedited Hearing iii. Motion for Default Judgment iv. 5-day Disclosure Letter v. Compensatory Education Plan for Disclosure
vi. Direct Examination 1. Direct of Psychologist 2. Direct of Parent 3. Direct of Parent of Teen 4. Direct of Non-Public Placement Representative 5. Direct of Educational Expert
vii. Cross Examinations 1. Cross of DCPS Psychologist 2. Cross of DCPS Placement Specialist
3. Cross of Special Education Coordinator 4. Cross of Special Education Teacher
viii. Opening Statements ix. Closing Statements
1. Sample Oral Closing 2. Sample Written Closing
x. Petitioner’s Motion to Shift Burden of Production xi. Rule 8(b)(6) Motion
xii. Possible Due Process Legal Issues Chart e. CLC Tip Sheets
i. CLC: Dispute Resolution Cheat Sheet ii. CLC: How to File a Due Process Complaint Cheat Sheet
14. Discipline
a. IDEA Discipline Regulations: 34 CFR §§ 300.530-537 b. DCMR Title 5, § 25 c. DCMR Title 5, § 24 d. DCPS Student Discipline Policy Tiers e. DC Office of Administrative Hearings Emergency Regulations f. DCPS Suspension Notice g. DCPS Manifestation Forms for Special Education h. DCPS Manifestation Forms for 504 Plans i. Sample Letter to Office of Youth Engagement re: Discipline j. Sample Letter to Instructional Superintendent k. Charter School handbooks l. School Discipline and Bullying Toolkit
15. 504 Plans Under Title II of the Rehabilitation Act
a. Law i. ADA Amendments Act of 2008
ii. Section 504 Regulations (34 CFR 104) iii. DCPS Student Grievance Procedures (October 2014)
b. Department of Education 504 FAQs c. DCPS 504 Plan Forms d. DCPS 504 Parent and Guardian Brochure e. Sample 504 Plan f. Office of Civil Rights Complaint Form g. National Disability Rights Network: Obligations of School Districts Under
Section 504 of the Rehabilitation Act of 1973 with Updates on the ADA Amendments Act
16. Other Information a. DCPS Visiting Instruction Information
i. DCPS Visiting Instruction Form ii. Physician’s Verification Form for Visiting Instruction Services
b. Private and Religious School Office i. DCPS Q&A for Children in Private or Religious Schools
ii. DCPS Private and Religious Office Referral 2010 c. Attendance and Truancy
i. CLC Tip Sheet: Attendance and Truancy ii. Attendance and Truancy Regulations (DCMR Tit. 5, Ch 21)
d. Graduation Requirements i. Graduation Requirements Regulations
ii. DCPS Transcript Analysis Worksheet e. DC Retention and Promotion Regulations f. School Transfers
i. Transfers Due to Change of Address ii. Immediate Involuntary Transfers
iii. Out-of-Boundary Transfers iv. No Child Left Behind School Choice Information v. High School Selection Transfers
vi. Involuntary Transfers vii. Safety Transfer Request Letter
g. Common Core Competency Standards Information from OSSE h. OSSE DC CAS Information (year-end testing) i. Key DCPS Contact Information
i. DCPS Office of General Counsel Contact Information ii. DCPS Office Directory (2011)
iii. DCPS 2011-2012 School Directory iv. DCPS Cluster Directory v. DSCPS Instructional Superintendent Contact Information
vi. DCPS Organizational Chart (2011) vii. Other DCPS Contact Information
j. Mental Health Referrals k. SSI and Public Benefit Referrals l. Landlord Tenant Referrals m. Custody Referrals n. Advocacy Code Card o. Other School Policies and Resources Toolkit
Healthy Together Project (HT) – Staff Contacts
Please feel free to contact us for pro bono case mentoring:
Tracy Goodman, Esq.
Healthy Together Director
202-467-4900, ext. 503
Kathy Zeisel, Esq.
Senior Supervising Attorney
202-467-4900, ext. 547
If you would like to discuss pro bono opportunities or would like to take a pro bono case
at Children’s Law Center, please contact:
Nancy Drane, Esq.
Pro Bono Director
202-467-4900, ext. 502
If you would like to be added to our pro bono referral e-mail list, borrow a training DVD,
obtain a training manual, or attend one of our trainings, please contact:
Gillian Schaps
Pro Bono and Intake Assistant
202-467-4900, ext. 586
Frequently Asked Questions Children’s Law Center’s pro bono attorneys serve more than 400 children and families every year. All our cases are designed to provide children in the District of Columbia with the solid foundation of family, health, and education we believe they need to succeed. See below for more information and answers to frequently asked questions regarding our pro bono program.
What types of cases does Children’s Law Center offer for pro bono attorneys? Custody Guardian ad litem (CGAL) Pro bono attorneys represent the best interests of children involved in complex custody disputes between parents or other prospective caregivers. Judges refer these matters directly to Children’s Law Center when they identify the need for a GAL to represent the child’s best interests. CGAL cases are heard in the Domestic Relations branch of DC Superior Court. Caregiver Representation Pro bono attorneys represent caregivers seeking to provide children with loving homes through adoption, guardianship, or custody. These caregivers include foster parents, grandparents, and other relatives who want to provide stability for children who are in foster care or at risk of entering foster care. Caregiver representation cases are heard in the Neglect branch or the Domestic Relations branch of DC Superior Court. Special Education Pro bono attorneys represent parents of children with special education needs that are not being adequately addressed in the child’s current educational environment. These cases may involve obtaining evaluations, advocating for special education services or challenging the denial of services at due process hearings held at the Student Hearing Office of the Office of the State Superintendent of Education (OSSE). Housing Conditions Pro Bono attorneys represent parents of children whose health is at risk due to the presence of environmental health hazards in the home. These housing conditions cases may involve negotiating with the family’s landlord and/or filing a civil case to force the landlord to address housing code violations and substandard housing.
How does Children’s Law Center identify pro bono cases? Cases are referred to Children’s Law Center from a variety of sources, including the DC Superior Court, Guardians ad litem for children in the abuse and neglect system, attorneys practicing in DC Superior Court, social workers, and other legal services organizations. Prospective clients may also call into our Helpline, which is staffed full-time by experienced
Updated January 2015
intake attorneys. Children’s Law Center conducts extensive screening before we refer cases to pro bono attorneys.
How can I find out what cases are currently available? CLC emails a list of available cases approximately twice per month. Cases are placed with qualified pro bono attorneys on a first-come, first-served basis. Please contact CLC’s Pro Bono Director, Nancy Drane, or CLC’s Pro Bono and Intake Assistant, Gillian Schaps, if you would like to receive information about available cases.
I have no experience in family law—is that OK? Are there cases that can be matched to my skill set? Will I go to trial?
No background in family law is necessary to be a pro bono attorney with Children’s Law Center. We have worked successfully with many attorneys with no prior family law experience and/or limited litigation experience. Our trainings, online resources, and mentors are available to ensure all our pro bono attorneys are well equipped for their cases. All our cases involve oral and written advocacy as well as strong client skills. Some cases are more likely to go to trial or an evidentiary hearing, while others are less likely. Many cases place a premium on negotiation skills, legal advocacy, and other pre-trial skills, while some are more likely to proceed to litigation. We are happy to talk with you about which cases are most likely to match your skills and interests.
What trainings and resources does Children’s Law Center offer for pro bono attorneys? Children’s Law Center regularly conducts training in all four areas of pro bono representation, custody guardian ad litem, caregiver, housing conditions, and special education. These trainings are either full or half days and are conducted at locations around the District. In addition to the live training, all attendees receive an extensive reference manual covering the particular area of representation. CLC also offers on-line versions of our trainings on the pro bono page of our website. Our website also contains a plethora of additional resources for pro bono attorneys, including power point presentations, model pleadings, the videos mentioned above, and recent training manuals in each area of pro bono representation. Please contact Nancy Drane or Gillian Schaps for access to these online materials. Attorneys should attend a relevant training before taking a pro bono case. A list of upcoming trainings can be found in the pro bono section of our website.
Are CLC staff available to support pro bono attorneys throughout the case? Updated January 2015
Experienced attorneys from CLC serve as mentors for our pro bono attorneys. A list of mentors is available on the pro bono section of our website. Together, these lawyers bring decades of experience in family and special education law. We do not “co-counsel” or “supervise” pro bono attorneys, but we are available to discuss strategy, legal issues, and local family court practice. We can also help you identify model pleadings, which you will also find on our website, and plan for trial or evidentiary hearings. In a limited number of cases, Children’s Law Center will have a conflict and will not be able to provide mentoring. Whenever possible, we let pro bono attorneys know in advance when a conflict exists and try to identify a third-party mentor to provide the pro bono attorney with support.
What is the typical time commitment for a pro bono case? Every case and area of pro bono representation is unique. While case circumstances may change over time, we do our best to evaluate the complexity of a case during the screening process, make every effort to let pro bono attorneys know of circumstances that may make a case particularly complex, and rate cases as beginner, high beginner, intermediate, or advanced. Pro bono attorneys are encouraged to talk to Nancy Drane, CLC’s Pro Bono Director, when evaluating a particular case to discuss the potential complexity and/or anticipated time commitment.
Am I responsible for costs and fees? Yes, pro bono attorneys are responsible for any litigation costs and other fees incurred during the handling of your case. Filing and eFiling fees are waived for Guardians ad Litem and those parties with in forma pauperis (IFP) status.
Do I have to be licensed to practice law in DC? Pro bono attorneys must be admitted to practice in the District of Columbia or be eligible to practice under District of Columbia Court of Appeals Rule 49(c):
• Attorneys who regularly practice in another jurisdiction (outside of DC) may qualify for admission pro hac vice;
• Federal government employees may be eligible to provide pro bono legal services under the supervision of an active member of the DC Bar;
• Attorneys who are eligible to practice in DC under the supervision of a DC Bar member while an application for admission to the DC Bar is pending may be eligible to practice for a limited duration; and
• Inactive DC Bar members may be eligible to accept referrals for pro bono cases.
Do I have to be affiliated with a law firm, government, or corporate law department?
Updated January 2015
While most of our pro bono attorneys are affiliated with a law firm, the Federal government, or a corporate law department, we do refer cases to solo practitioners who have the requisite experience and resources to handle a pro bono case without institutional support. If you are a solo practitioner who is interested in taking a pro bono case, please contact CLC’s Pro Bono Director, Nancy Drane, to discuss your particular circumstances.
Do I have to carry my own malpractice insurance?
No, Children’s Law Center does not require pro bono attorneys to carry malpractice insurance. Our policy covers pro bono attorneys who are not otherwise covered up to $2 million.
Can I pair up with another pro bono attorney to handle a case? We encourage pro bono attorneys to pair up with another attorney in their office. For example, an experienced pro bono attorney might pair up with an attorney taking their first case, or a litigator might pair up with a transactional attorney. Additionally, some law firms have partnerships with in-house corporate legal departments.
I’m not a lawyer—can I still get involved? Absolutely! Legal assistants or other staff can serve a critical role as an investigator or translator on a pro bono matter being handled by an attorney in your office. This may involve attending meetings, locating witnesses, and obtaining documents. It is a great opportunity to get out into the community and you may even have the chance to serve as a witness in a trial or hearing. Children’s Law Center also offers other volunteer opportunities outside handling a pro bono case, such as volunteering to participate in our annual Holiday Hope Drive.
I’m a current law student—how can I get involved? Do you have interns or law clerks? Law students in the DC area may work with Children’s Law Center via clinical programs at their law school. Please contact your school for more information. Law students may also apply to serve as a law clerk at Children’s Law Center. Information on our law clerk program is on our website.
I’m interested in doing pro bono work with Children’s Law Center. What are the next steps? The best way to get involved is to attend one of our trainings. Check our pro bono homepage for upcoming training information. You may also contact Nancy Drane, CLC’s Pro Bono Director, or Gillian Schaps, CLC’s Pro Bono and Intake Assistant, to discuss getting involved.
I have more questions. Who should I contact? Contact our Pro Bono Director, Nancy Drane at (202) 467-4900 ext. 502 or [email protected] or Pro Bono and Intake Assistant Gillian Schaps at (202) 467-4900 ext. 586 or [email protected]. Updated January 2015
