For those seeking a review of results from an educational evaluation in Franklin TN, the process begins with obtaining consent. If consent is obtained on or after July 1, the school district must adhere to the new evaluation standards. For students who are being relocated or reevaluated, the team should not automatically assume that a thorough reevaluation is needed due to a change in disability standards. The student's prior eligibility must be respected and the team must follow normal reevaluation procedures to determine evaluation needs. In some cases, the departments may determine that harassment, including verbal, physical, and sexual harassment by other students at the school, was serious, pervasive, and persistent enough to interfere with their educational opportunities.
In such cases, the school district must respond adequately to the notification of the bullying. Additionally, the District must ensure that it communicates essential school-related information in a language that parents and guardians with limited English proficiency understand so that their children can access the District's educational programs. In some cases, such as when a student has Down syndrome, the school district may have failed to provide adequate special education services and denied them appropriate and free public education. In such cases, an agreement may be reached between the state and the school district requiring initiatives such as teacher training, establishing a program to improve reading performance, and making changes to administrative law in areas such as pre-referral, referral, evaluation procedures, and eligibility criteria. In other cases, such as when a school district has approximately 3,500 students learning English (“EL”), it must provide adequate services as required by the Equal Educational Opportunity Act of 1974 (“EEOA”). In such cases, an out-of-court agreement may be reached between the school district and the departments requiring initiatives such as teacher training and establishing a program to improve reading performance. In other cases, such as when Native American students residing at Navajo Mountain have been denied equal educational opportunities due to racial discrimination by their school district, a lawsuit may be filed alleging that the defendants had engaged in acts of racial discrimination.
In such cases, an agreement may be reached between the state and the school district requiring initiatives such as teacher training and making changes to administrative law in areas such as pre-referral, referral, evaluation procedures, and eligibility criteria. Evaluations must be requested by the special education supervisor or the superintendent of the local school system. In some cases, such as when a school district's programming for English language learners is inadequate under Section 1703 (f) of the Equal Educational Opportunity Act of 1974 (EEOA), an investigation may be conducted by the Attorney's Office. In other cases, such as when a school district is not identifying or serving its students who learn English (“EL”) in accordance with EEOA requirements, a thorough review may be conducted by both the Section and District (USAO).In some cases involving students with disabilities who have been denied appropriate and free public education in violation of Section 504 and IDEA, an agreement may be reached between the state and school district requiring initiatives such as teacher training and making changes to administrative law in areas such as pre-referral, referral, evaluation procedures, and eligibility criteria. In other cases involving peer-to-peer sexual assault or retaliation for damages in Thomas v., a brief may be filed arguing that New Jersey had agreed to comply with IDEA and waive its sovereign immunity by accepting federal funding from IDEA to defray the cost of education for students with disabilities. Finally, in some cases involving discrimination against male students in educational programs or activities offered by a school district due to their disability or gender identity/expression/orientation/association status/sex/race/color/national origin/religion/age/disability/genetic information/ancestry/marital status/veteran status/sexual orientation/gender identity/gender expression/or any other protected class status under applicable law or regulation, an agreement may be reached between the student and school district requiring measures to treat them like all other male students in those programs or activities.
