Tuesday, April 19, 2016

Decisions in the CCC #sped

Information about the student is shared with and by all CCC members. Everyone can offer input into and participate in the discussion about the decisions to be made, such as: 
• Is the student eligible as a student with a disability? 
• If so, what disability category (if more than one was initially suspected)? 
• If eligible, what are the student’s educational needs, and what special education and related services are appropriate to meet the student’s needs? 

The actual decisions are between the parent(s) and the school representative authorized to commit the school’s resources. Decisions are not made by a vote or consensus of the CCC members. A CCC meeting is not a meeting controlled by a vote of ‘majority rule’. The only two individuals who have a final say in the final decision of the CCC meeting are the parent(s) and the public agency representative for the school.

What is the Parent and School Disagree?

For an initial placement (the first time a student is found eligible for special education and related services) the school must obtain written and informed parental consent for services to begin. After any CCC meeting, the school must provide the parent(s) with written notice about any action it is proposing or refusing to take with regard to the student’s identification, evaluation, eligibility, services, placement, or anything else affecting the provision of a FAPE. The school must provide this notice regardless of whether there was agreement between the parent(s) and the school representative.

After receiving this notice, the parent(s) may contest the school’s decision by asking for and participating in a meeting with a school official, participating in mediation, or requesting a due process hearing. For more information on the written notice, mediation, and due process see the sections on IEPs and Resolving Disagreements. 

There are other options the parent(s) have in certain situations. For example, if the disagreement is over eligibility or evaluation results, the parent(s) may request an independent educational evaluation at the school’s expense. The parent(s) may also ask to reconvene the CCC for further discussion and consideration.

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