Instruction
SPECIAL
EDUCATION AND RELATED SERVICES FOR ELIGIBLE STUDENTS
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The district recognizes
that students whose disabilities adversely impact educational performance and
who require specially designed instruction have potential for improving
educational performance when they receive special education and related
services tailored to fit their needs. Each eligible special
education student in the district will be afforded a full education
opportunity. This goal will be met consistent with the state’s goals
through ensuring the provision of a free appropriate public education,
complying with state and local procedures, and improving performance goal
indicators. The district shall
comply with state and federal requirements for special education. The
superintendent shall develop procedures consistent with state and federal
laws and rules to implement the following: Free appropriate
public education (FAPE); Confidentiality of
personally identifiable information; Identification,
evaluation, eligibility and reevaluation; Participation in
assessments; Development of
individualized education program (IEP) and placement; Participation in
regular education, least restrictive environment (LRE); Procedural safeguards; Parent participation; Transition from part C
to part B services for preschool children; Private school
students unilaterally placed by parents; Staff qualifications
and personnel development; and Program administration
and evaluation. The superintendent
shall develop procedures to implement this policy, as directed by federal
regulation (34 CFR 300.220). This policy and procedure shall be consistent
with the state’s special education regulations and filed with the
Office of the Superintendent of Public Instruction. Not all students with
disabilities are eligible for special education services. The needs of each
student will be addressed individually and provided appropriate
accommodations or modifications required under § 504 of the
Rehabilitation Act, Title II of the Americans with Disabilities Act, and the
Washington laws against discrimination. Free Appropriate Public
Education (FAPE)
The district shall
provide all eligible students with disabilities ages three through 21 with a
free appropriate public education which consists of special education,
necessary related services, and supplemental aids and services provided: At public expense
under district supervision and direction; In compliance with the
standards of the state educational public agency; To include preschool,
elementary and secondary educational opportunities; and In conformity with an
IEP which meets the requirements of special education rules. Such educational and
support services may extend beyond the traditional 180-day school calendar
year if necessary to provide an individual eligible student with a free
appropriate public education. Confidentiality of Personally
Identifiable Information
In addition to
complying with the district’s policies and state and federal law on the
confidentiality of all student records, the superintendent is directed to
develop procedures to implement confidentiality requirements that are
consistent state special education rules. This includes
informing parents of students or eligible students of their right to
confidentiality at least annually through appropriate notice. Identification, Evaluation,
Eligibility, and Reevaluation
Childfind
The district shall
develop and implement awareness and screening activities for the purpose of
locating, identifying and evaluating all resident students enrolled in school
or not, who are suspected of having disabilities and are in need of receiving
special education and related services. These procedures shall encompass
students ages birth through 21 regardless of the severity of their disability
who reside in the district, including those attending public and private
agencies and institutions and religious schools. The district’s
procedures shall also include methods for conducting childfind activities
including methods to determine which students are not currently receiving
needed special education and related services. The procedures shall include
methods to locate students who are highly mobile and students suspected of
being a student with a disability and in need of services even though they
are advancing from grade to grade. Childfind procedures shall be developed in
consultation with appropriate representatives of private school students. Evaluation and Eligibility
The district shall
develop evaluation procedures that are consistent with state and federal
requirements, including: referral, evaluation methods and timeline(s), areas
of evaluation, periodic review, evaluation safeguards, reporting and
documenting the determination of eligibility, and independent educational
evaluation. The district
recognizes the developmentally-delayed category for eligible students ages
three to nine. The superintendent shall develop procedures for implementation
of this eligibility category. Reevaluation
The district shall
develop re-evaluation procedures that are consistent with state and federal
requirements, including general requirements, purposes, notice of results,
procedures for appropriate identification and classification, and procedures
for determining continuing or additional needs for special education and
related services. Development of IEP and
Placement
Development of IEP
The district shall
develop procedures for implementing the IEP requirements for each student
that are consistent with state and federal regulations, including methods for
updating each IEP at least annually and appropriate inclusion of eligible
students in local and state assessment programs. Placement.
The district shall
develop procedures for implementing state and federal requirements regarding
the delivery of special education services including: least restrictive
environment, nonacademic and extracurricular services, alternative service
delivery options placement considerations and annual review, initial
placement, evaluation of IEP, preschool services, district initiated
placements, transition of preschool students from Part C to Part B services
and placements paid for at public expense. The district shall
also develop procedures to determine the services provided to students
unilaterally placed in private schools by their parents. The procedures shall
include consultation with appropriate representatives of private school
students to determine the number of unilaterally placed students, the needs
of students and their location, so that it can be decided which students will
receive services, what services will be provided, how and where services will
be provided and how services will be evaluated. Certificate of Attendance
(COA)
The district shall
permit any student who is receiving special education or related services and
who will continue to receive services between the ages of 18 and 21 to
participate in the district graduation ceremony after four years (9th,
10th, 11th, 12th grades) of high school attendance. In lieu of a diploma,
the district shall provide the student with a certificate of attendance.
Receiving the certificate of attendance does not preclude a student from
continuing to receive special education and related servies according to the
individualized education program and completing courses in pursuit of a
diploma or the certificate of individual achievement. Receipt of a
certificate of attendance is not equivalent to receipt of the high school
diploma or a certificate of individual achievement. The superintendent
shall establish procedures for development and distribution of the certificate
of attendance. Procedural Safeguards
The district shall
develop procedures for implementing procedural safeguards for parents and
students consistent with state and federal requirements that include notice
relating to informed parental consent, assessment (protection in evaluation
procedures), confidentiality, opportunity to examine records, prior notice,
independent educational evaluation, impartial due process hearing, surrogate
parents, discipline, attorney’s fees, mediation and citizen complaints. Personnel Development
The district
recognizes the importance of a qualified staff in delivering appropriate
educational services to special education students. The superintendent shall
develop procedures for the implementation of a district plan for hiring and
staff development for administrators, teachers and support personnel. Such a
plan shall be complementary to the statewide plan for Comprehensive System of
Personnel Development, which includes:
Effective procedures
for acquiring and disseminating to teachers and administrators of programs
for special education students significant information derived from
educational research, demonstration and similar projects; and Procedures for
adopting promising practices. Program Administration and
Evaluation
Program Administration
The district shall develop
procedures for implementing the administrative requirements contained in
state and federal regulations including: full educational opportunity, public
control, use of funds including excess cost, nonsupplanting and maintenance
of effort, comparable services, information reports and records, public
participation, transportation, program coordination, construction and
comparability of facilities, program length, health or safety, transition to
preschool, aversive interventions, disciplinary exclusions and citizen's
complaint process. Evaluation
The district shall
develop procedures for updating, at least annually, the effectiveness of
individualized education programs in meeting the educational needs of special
education students including parent/family involvement in the evaluation
process. Students eligible for special education and related services shall
be re-evaluated every three years in accordance with state and federal
requirements. Cross
References: Board Policy
2162
Education of Students with Disabilities under Section 504
Board Policy 3241
Classroom Management, Corrective Actions or Punishment
Board Policy 3231
Student Records Legal
References: RCW
28A.155
Special Education
WAC 392-172A
Special Education Programs
20 USC 1400 - 1491
IDEA (1997 Individuals with Disabilities Education Act)
34 CFR 99.1 - 99.67
Family Education Rights and Privacy
34 CFR 104.1 - 104.61
Nondiscrimination on the basis of handicap in programs and activities
receiving or benefiting from federal financial assistance
34 CFR 300.1 - 300.754 Assistance to Education
of Children with Disabilities Program, Part B
34 CFR 303.1 - 303.67 Early
intervention for infants and toddlers with disabilities, Part C Management Resources:
Policy News, December 1999 Rule adoption leads to
special education policy
Policy News,
June 2007
Graduation Ceremonies for Special Education Students Adoption Date:
March 28, 2008 |