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About This Document: [...] the court concluded the Hawaii procedurally violated the IDEA, reasoning as follows: * The 2006 IDEA regulations, which were effective on October 13, 2006, were controlling at the time of Courtney's final eligibility evaluation in November 2006. * Hawaii did not amend its state special education regulations to conform to these IDEA regulations, which changed - at each state's choice - severe discrepancy from a required to permitted or prohibited status and which also introduced RTI to at least a permitted status - until November 2009. * Thus, Hawaii "procedurally violated the IDEA" (p. 1067) by requiring the severe discrepancy model. [...] the court addressed whether this procedural denial was prejudicial (i.e., deprived the child of FAPE) by posing the question of whether the SEA's unlawful regulations resulted in an improper determination of SLD eligibility.\n More broadly interpreted, the violation was specific to Courtney's latest evaluation arising after the effective date of the 2006 IDEA regulations and before Hawaii changed its state law to conform to the required choice of permitting or requiring RTI and, conversely, permitting or prohibiting severe discrepancy.

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Categories: DocStore > Periodicals > Social Sciences
Tags: National Association of School Psycho..., Jan Feb 2012, The Ninth Circuit's Recent Ruling: RTI?, Zirkel, Perry A, Feature, Special education, State court decisions, Federal court decisions, Students, Achievement tests, Teaching, Reading disabilities, Educational evaluation

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The Ninth Circuit's Recent Ruling: RTI?

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Professional Practice First, the court concluded the Hawaii procedurally violated the IDEA, reasoning

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