SJE Board Policy 2161 — Instruction
Administrative Procedure
Education of Students with Disabilities
The goal of the districts’ special education program is to identify all children with disabilities, accurately assess their learning needs, and provide appropriate special education and related services while using resources effectively and efficiently. The district will comply with federal (IDEA-B, recognizing that ADA and Section 504 are generic to the basic education program) and state requirements and will work with parents as integral members of the individualized educational planning team. The following procedures are intended to help achieve that goal:
FREE APPROPRIATE PUBLIC EDUCATION (FAPE) PROCEDURES ARE AS FOLLOWS:
1. A student's placement and educational program shall be developed and considered to be appropriate when they include special education and related services which are specifically designed to assist the student in benefitting from specially-designed instruction.
2. Special education facilities, services and activities shall be assigned which are of a quality comparable to programs provided for non-disabled students.
3. Special education students shall be provided transportation commensurate with that provided to other students in the district except that additional services shall be provided when a student's disability requires such consideration.
4. An equal educational opportunity shall be provided to all special education students, including access to services in regular education and to extended school year services where deemed appropriate in order for the student to benefit from special education.
The superintendent or designee shall be responsible for monitoring the implementation of the districts’ policies and procedures, including the review of student files and visitation to classrooms.
CONFIDENTIALITY OF RECORDS
The superintendent or designee is responsible for maintaining the confidentiality of all students' records pertaining to special education. In addition, the superintendent is designated as custodian of all student records and has appointed the building principal to serve as custodian of student records which are maintained at the building level. In order to maintain the confidentiality of records without impeding the rights of parents and needs of staff, the following procedures shall be in effect. Parents or adult students shall be advised of their rights pertaining to student records at least once annually.
1. The parents of a special education student, in accordance with the confidentiality of information procedures in this section, shall be afforded an opportunity to inspect and review all educational records with respect to: (a) the identification, evaluation, and educational placement of the student; and (b) the provision of FAPE to the student.
2. The school districts shall permit parents of special education students (or adult students) to inspect and review during school business hours any education records relating to their children or ward (or the adult student) which are collected, maintained, or used by the district under this section. The district shall comply with a request promptly and before any meeting regarding an individualized education program or hearing related to the identification, evaluation, or placement of a student or the provision of FAPE and in no case more than forty-five calendar days after the request has been made.
3. The right to inspect and review education records under this section includes: (a) the right to a response from the districts to reasonable requests for explanations and interpretations of the records, (b) the right to request that the school district provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records, and (c) the right to have a representative of the parent (or adult student) inspect and review the records.
4. The districts presume that a parent has authority to inspect and review records relating to his or her child or ward unless the district has been advised that the parent does not have the authority under applicable state law governing such matters as guardianship, separation, and divorce.
5. The districts shall keep a record of parties obtaining access to education records collected, maintained, and used under this section (except access by parents, adult students, and authorized employees of the district) including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.
6. If any education record includes information on more than one student, the parent(s) of those students (and/or adult students) shall have the right to inspect and review only the information relating to their child or ward (or themselves) or to be informed of that specific information.
7. The districts shall provide parents (and adult students) on request a list of the types and locations of education records collected, maintained, or used by the district.
8. The districts may charge a fee for copies of records which are made for parents (or adult students) under this section if the fee does not effectively prevent the parents (or adult students) from exercising their right to inspect and review those records. The districts may not charge a fee to search for or to retrieve information under this section.
9, A parent of a special education student (or an adult student) who believes that information in education records collected, maintained or used under this section is inaccurate or misleading or violates the privacy or other rights of the student may ask the district which maintains the information to amend the information. The district shall decide whether to amend the information in accordance with the request within a reasonable period of time after the receipt of the request.
If the districts decide to refuse to amend the information in accordance with the request it shall inform the parent (or adult student) of the right to a hearing. The districts, on request, shall provide the parent (or adult student) an opportunity for a hearing to challenge information in education records to insure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student. If, as a result of the hearing, the districts decide that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall amend the information accordingly and so inform the parent (or adult student) in writing. If, as a result of the hearing, the districts decide that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall inform the parent(s) (or adult student) of the right to place in the records it maintains on the student a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the districts. Any explanation placed in the records of the student pursuant to this section shall:
a. Be maintained by the districts as part of the records of the student as long as the record or contested portion is maintained by the district, and
b. Also be disclosed to any party to whom the records of the student (or the contested portion) are disclosed.
10. A hearing to challenge information in education records shall be conducted according to procedures which include the following elements:
a. The hearing shall be held within a reasonable period of time after the districts have received the request;
b. The parent (or adult student) shall be given notice of the date, place, and time reasonably in advance of the hearing;
c. The hearing may be conducted by any party, including an official of the district, who does not have a direct interest in the outcome of the hearing;
d. The parent (or adult student) shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney;
e. The districts shall provide a written decision to the parent (or adult student) within a reasonable period of time after the conclusion of the hearing; and
f. The decision of the districts shall be based solely upon the evidence presented at the hearing and include a summary of the evidence and the reasons for the decision.
11. Consent of the parent (or adult student) shall be obtained before personally identifiable information is: (a) disclosed to anyone other than officials of participating agencies collecting or using the information under this section, or (b) used for any purpose other than meeting a requirement imposed by this section. No school district shall release information from education records to participating agencies without the consent of a parent (or adult student) except in those cases in which a release of information without consent is permitted by the rules that implement the FERPA. If a parent refuses to provide consent under this section, the district will use its due process hearing procedures to obtain consent.
12. The districts shall protect the confidentiality of personally identifiable information at the collection, storage, disclosure, and destruction stages. The same privacy provisions provided to parents are extended to an adult student with consideration given to the type and severity of the student's disability.
13. The superintendent or designee will identify in writing the employees who have access to personally identifiable information. The superintendent or designee will provide training on an annual basis to those staff members collecting or using personally identifiable information regarding districts policies and procedures.
14. The districts shall maintain, for public inspection, a current listing of the names and positions of those employees within the district who have access to personally identifiable information.
15. The districts shall inform parents (or adult students) when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to the student. The information shall be destroyed at the request of the parent(s) (or adult student). However, a permanent record of the student's name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed and year completed may be maintained without time limitation.
IDENTIFICATION, EVALUATION, ELIGIBILITY AND REEVALUATION
Childfind
Cooperative Childfind procedures will have as their purpose the locating, identifying, and evaluating of all resident students, in accordance with applicable record-keeping requirements from preevaluation through decisions regarding eligibility. Procedures will address the age range from birth through twenty-one; all severities and conditions of disability will be included; activities will include all public and private agencies and institutions, and will be ongoing; and include students currently enrolled in the public school and those not enrolled.
Procedures for implementing the Childfind policy include the following awareness and screening activities.
Awareness
1. A pamphlet may be developed and distributed to each parent at the time of registration.
2. A notice may be placed in the local newspaper which describes the services for special education students.
3. Local doctors may be advised of the availability of services for special education students.
4. Presentations may be made at advisory team meetings and other gatherings at school.
5. Childfind awareness notices may be distributed through local community groups, social service agencies or church bulletins.
6. Other locally-determined strategies to increase public awareness may also be developed.
Screening
1. Parents of preschool children will be provided with the opportunity to have their children participate in preschool screening.
2. Kindergarten and first grade students shall participate in screening activities at the beginning of the school year.
3. Other locally-determined options for screening may also be developed.
Teachers and administrators will receive training at the beginning of each school year to assist in the identification and referral of students with possible disabilities.
Needs assessment information collected from preevaluation through eligibility processes will be used to determine which students are/are not receiving special education/related services, and applied to Childfind practices.
Evaluation and Eligibility
Cooperative procedures for implementing Board policy on evaluation, including determination of eligibility are as follows:
Preevaluation and Time Lines
A written referral shall be completed when a student suspected of having a disabling condition is brought to the attention of the district superintendent or designee. A referral may be originated by or transmitted through any source, including: parents, medical personnel, district personnel, community agencies, civil authorities, district screening procedures, and other identified, interested persons.
When the possibility of a student's need for special education and related services has been brought to the attention of the district superintendent or designee, the superintendent or designee shall act on the referral within twenty-five school days by:
1. Recording the circumstances by date, origin and reason for concern;
2. Providing the student's parent(s) (or adult student) written notice that the student has been referred because of a suspected disabling condition and that the district will determine whether or not there is good reason to believe that the student is a candidate for evaluation; and
3. Reviewing the referral, collecting and examining existing school, medical and other records in the possession of the district and making a determination that there is or is not good reason that the student is a candidate for evaluation. This decision shall be in writing and set forth the date and the name of the person making the decision. The superintendent or designee shall direct a written notice to the student's parent(s) (or adult student) that complies with the notice requirements of this section.
In the event the decision is that there is good reason to believe that the student is a candidate for evaluation, the district shall fully evaluate the student and arrive at a decision pursuant to this section within:
1. Thirty-five school days (also referred to as the formal evaluation period) after the date written consent for an evaluation has been provided by the parent(s) (or adult student); or
2. Thirty-five school days (also referred to as the formal evaluation period) after the date the refusal of parent(s) (or adult student) to grant consent has been overridden pursuant to a hearing (or appeal); or
3. Such other time period as may be agreed to by the parent(s) (or the adult student) and school authorities. The school district must specify the reasons for extending the timeline.
The districts shall request that the parent sign consent form(s) for the mutual exchange of pertinent information where such information is available between the school, other agencies, and/or professionals.
Areas of Evaluation
The evaluation of a student shall be in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities, and the need for transition services. The evaluation procedures outlined in state eligibility criteria are to be considered minimal, required procedures. Where concerns are indicated, as judged by the MDT, additional or more in-depth evaluation shall be conducted.
Evaluation Safeguards
Every student who is evaluated or reevaluated shall be evaluated according to the procedures established in this section. Before any action is taken with respect to the initial placement of a student with a disability in a program providing special education and related services, a full and individual evaluation of the student's educational needs must be conducted in accordance with the requirements of this section. The initial evaluation of a student (except one with a suspected communication disorder) shall be made by a district selected MDT (i.e., a group of professionals) that is knowledgeable about the student and the area(s) of suspected disability(ies). Each member of the team shall be licensed, registered, credentialed, or certificated according to his or her professional standards in accordance with the state statutes and rules. In assessing or reassessing a student suspected of having a specific learning disability, the district shall include on the MDT at least the following members:
1. The student's regular education teacher; or, if the student does not have a regular education teacher, a regular education teacher qualified to teach a student of his or her age; or, for a child of less than school age, an individual qualified to teach a child of his or her age.
2. At least one person qualified to conduct individual diagnostic examinations of students, such as a school psychologist, speech language pathologist, or remedial reading teacher.
If a parent should request to attend a MDT meeting, he or she shall be given this opportunity. Scheduling of the MDT meeting shall be at the discretion of the district.
No single test instrument or single procedure shall be the sole criterion for determining a student's eligibility or disabling condition and/or for determining the appropriate education program for the student.
Evaluation materials, procedures, and instruments used for the purpose of evaluation and placement shall be selected and administered so as not to be racially or culturally discriminatory.
All tests and other evaluation materials shall have been validated for the specific purpose for which they are used and shall accurately reflect whatever factors the tests purport to measure.
If properly validated tests are unavailable, the professional judgment of each member of the MDT shall determine eligibility for special education based on other evidence of the existence of a specific disability and need. This professional judgment shall be documented in a written narrative.
All tests and other evaluation materials shall be administered by qualified personnel in conformance with the instructions of the test producer. Tests designed to measure intellectual functioning shall be administered by a qualified psychologist. Cognitive tests for developmentally delayed students other than those providing for an intelligence quotient shall be administered by a qualified psychologist or by professionals with other titles who have considerable training and experience in individual psychological or psychoeducational evaluation.
Evaluation materials, procedures, or instruments shall be provided and administered in a student's primary language or mode of communication, unless it is clearly not feasible to do so. Tests shall be selected and administered so as to ensure that, when a test is administered to a student with impaired sensory, manual, or speaking skills, the test results accurately reflect the student's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the student's impaired sensory, manual, or speaking skills (except where those skills are the factors the test purports to measure).
In conducting evaluation activities, appropriate MDT members shall:
1. Collect and review all available existing school, medical, and other records pertinent to the suspected disabling condition(s) of the student, including previous screening and evaluation results, health reports, relevant cumulative records and recommendations of related service providers;
2. Conduct current evaluation activities required by this section and in accordance with the procedures specified; and
3. Collect such other data as needed to verify the results of standardized testing, including but not limited to parent and/or teacher interviews and current classroom performance data.
Each individual actually completing an evaluation will complete and sign an evaluation report. Information used to support the evaluation but which is not incorporated into the file (e.g., review of health records), shall be referenced as to date of record, location, and source person. The summaries shall specify the procedures and instruments used, the results obtained, and the apparent significance of findings as related to the student's instructional program, including a description of the specific factors which are interfering with the student's educational performance and the recommendations for special education and related services needed to assist the student in benefitting from his or her educational placement, including the need, if appropriate, of scheduling such services over a period of time that exceeds the regular one hundred eighty day school calendar.
Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.
Summary Analysis
The student's evaluation team shall review and analyze the reports of evaluation data and any other available data in each of the areas assessed. The conclusions, recommendations, and the facts and/or reasons resulting in the eligibility decision shall:
1. Identify the disabling condition(s), if any, which cannot be accommodated by general education, and requires the provision of special education services;
2. Reconcile any inconsistent or contradictory information and/or opinions evidenced in the evaluation data, if any, supporting conclusion(s) with appropriate data;
3. Relate the apparent significance, as appropriate, of such factors as test measurement error or cultural, environmental, economic, and behaviors factors to the evaluation results. Where specific test results obtained in any evaluation do not appear to the MDT to accurately reflect a student's expected performance, the MDT shall apply professional judgment to determine eligibility for special education and related services. In such event, the MDT shall document in a written narrative the basis for such determination, the instruments used, and the data used for a determination of eligibility;
4. Make recommendations to the individualized education program (IEP) committee regarding placement, special education and related services needed (including the need, if appropriate, of scheduling such services over a period of time that exceeds the district's regular school program), service options, needs for specialized materials or equipment, instructional and curricular practices and materials, student management strategies (e.g., reinforcement schedules), as determined by the MDT to be significant to the student's program; and
5. Provide any necessary professional judgment(s) and the facts or reasons in support of the judgment(s).
Each MDT member shall certify in writing whether the summary analysis reflects his or her conclusion. If it does not reflect his or her conclusion, the team member must submit a separate statement presenting his or her conclusion(s) and the reasons.
Upon the documented request of the parent (or the adult student) the district shall provide the parent (or adult student) a copy of the summary analysis prior to the IEP meeting. The parent (or the adult student) may request a meeting in writing with the school district to explain the summary analysis, at which time the district must schedule such a meeting prior to the IEP meeting.
Independent Educational Evaluation
The parent(s) of a student (or the adult student) referred for special education and related services and assessed, or any disabled student eligible for special education and related services who is reevaluated has the right to obtain an independent educational evaluation, subject to this section.
The district shall provide to the parents (or adult student) on request, information about where an independent educational evaluation may be obtained.
For the purposes of this section:
1. "Independent educational evaluation" means an evaluation conducted by a qualified examiner who is not employed by the district responsible for the education of the student in question; and
2. "Public expense" means that the district either pays for the full cost of the evaluation or assures that the evaluation is otherwise provided at no cost to the parent (or to the adult student).
A parent (or adult student) has the right to an independent educational
evaluation at public expense if the parent (or adult student) disagrees with the evaluation results obtained by the district, as follows:
1. The parent(s) (or the adult student) should provide a written or oral notice to the district superintendent or designee which:
a. Indicates that the parent (or the adult student) disagrees with the district's evaluation; and
b. Requests an independent educational evaluation at public expense.
2. The school district will not deny payment for an independent educational evaluation solely because the parent did not provide prior notification of his or her intent to seek an independent educational evaluation at public expense.
The district shall have the opportunity to initiate and conduct a hearing pursuant to this section to show that its evaluation is appropriate. In this event, the district shall provide the parent(s) (or the adult student) written notice within fifteen days of the election to initiate a hearing.
If the final decision of a due process hearing is that the district's evaluation is appropriate, the parent (or adult student) still has the right to an independent educational evaluation, but not at public expense.
If the district elects not to hold a due process hearing or is not upheld by the final decision of the due process hearing, the parent's (or adult student's) request for an independent evaluation shall be provided at public expense in accordance with the same criteria which the district uses when it initiates an evaluation including, but not limited to, the location of the evaluation and the qualifications of the examiner.
If the parent (or adult student) obtains an independent educational evaluation at private expense, the results of the evaluation:
1. Shall be considered by the district and documented in any decision made with respect to the provision of special education and related services to the student; and
2. May be presented as evidence at such hearings regarding that student as may be conducted.
If a hearing officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation shall be at public expense.
Eligibility Decision
The district superintendent or designee shall record in writing the decision of special education eligibility of a student brought to the district's attention. Whatever decision is made, the information from the procedures for making the determination shall be filed in the students record. Within ten school days of the decision that the student is not eligible for special education, the parents or legal guardian of the student shall be informed in writing of the evaluation findings in compliance with notice requirements of this section. If the decision is that the student is disabled and eligible for special education, the district shall initiate and conduct a meeting to develop an IEP and request the parent(s) participate in the IEP conference.
Reevaluation
District procedures for implementing Board policy on reevaluation are as
follows:
General Requirements
Each eligible special education student shall be reevaluated in accordance with the evaluation procedures specified in this section by a MDT as follows:
1. At a minimum, once every three years or more frequently if conditions warrant; and
2. Upon request of the student's parent (or adult student), teacher, or IEP committee.
General Procedures
The MDT shall determine whether further evaluation procedures are necessary to confirm decisions. Members of the MDT shall be governed by the generally recognized professional practice standards of their respective disciplines. In making such determination, the MDT shall document in a written narrative the basis for such determination, including any relevant data or evaluation procedures utilized.
Notice Requirements
At a reasonable time prior to conducting the reevaluation, the district shall provide written notice to parents (or adult student). Such notice for reevaluation shall include:
1. The procedural safeguard requirements provided in this section and also shall be issued in compliance with the provisions of this section; and
2. A statement that the parents (or adult student) have the right to submit to the MDT any information they deem important to the reevaluation.
Purposes
The purposes of reevaluation are to determine the following:
1. Whether the student is appropriately identified as disabled, requiring special education and related services; and
2. Whether the program designed for the student is appropriate to meet the student's unique needs and abilities.
Notice of Results
Within ten calendar days of completion of the reevaluation and based on the reevaluation results, the district superintendent or designee shall record in writing one or more of the following decisions:
1. Whether the student is eligible for and in need of special education; and
2. Whether the program designed for the student is appropriate to the student's unique needs.
The parent (or adult student) shall be notified of the above decision pursuant to the notice requirements of this section. When a determination is made that the program is inappropriate, an IEP committee meeting shall be convened. When special education services are to be discontinued, notice shall be given the parent(s) pursuant to this section.
DEVELOPMENT OF IEP AND DELIVERY OF SERVICE
District procedures for implementing the IEP requirements consistent with Board policy are as follows:
IEP to be in Effect
At the beginning of each school year, the district shall have in effect an IEP for every special education student, including those in private schools, who is receiving special education and related services from the district. An IEP must:
1. Be in effect before special education and related services are provided to a student; and
2. Be implemented as soon as possible following the meetings under this section.
It is expected that the IEP of a special education student will be implemented immediately following the meetings under this section. An exception to this would be when the meetings occur during the summer or a vacation period, or where there are circumstances that require a short delay (e.g., working out transportation arrangements). However, there can be no undue delay in providing special education and related services to the student.
IEP Meetings
A meeting shall be held within thirty calendar days after the date upon which a student's evaluation is completed (and the student is determined to be eligible) for the purpose of developing the student's IEP. The district shall initiate and conduct the meeting and shall include the following:
1. A representative of the district other than the student's teacher who i(in the case of a nonadult student), subject to the requirements of special education regulations;
4. The student if he or she is an adult student, or if transition services are discussed (and in the case of nonadult students, the student, if appropriate);
5. A member of the student's evaluation team;
6. A person knowledgeable about the placement options; and
7. Other individuals at the discretion of the district or the parent or the adult student.
8. General education teacher(s) in whose class the student is enrolled, shall be invited to and given the opportunity to participate in, the IEP meeting.
Each district shall take steps to assure (in the case of nonadult students) that one or both parents of the student with disabilities are present at each meeting or are afforded the opportunity to participate, including:
1. Notifying the parent(s) of the meeting early enough to assure his other participation; and
2. Scheduling the meeting at a mutually agreed upon place and time.
The notice to the parent(s) shall include the purpose, time, location of the meeting and who will be in attendance. If the purpose is transition, the parent will be notified that the purpose of the meeting is to discuss transition and that the student is invited, and identify any other agencies that will be invited.
If a parent cannot attend, the district shall use other methods to assure participation, including individual or conference telephone calls.
A meeting may be conducted (in the case of a nonadult student) without a
parent in attendance if the district is unable to convince the parents they should attend. In such a case the district shall make a record of its attempts to arrange a mutually agreed upon time and place. The record shall contain such information as:
1. Detailed records of telephone calls made or attempted and the results of those calls;
2. Copies of correspondence sent to the parents and any responses received; and
3. Detailed records of visits made to the parent's home or place of employment and the results of those visits.
The district shall take whatever action is necessary to ensure that the parent (or adult student) understands the proceedings at the meeting, including arranging for an interpreter for parents (or adult students) who are deaf or whose native language is other than English.
The district shall document the parent(s)' and other IEP participants' presence at the IEP meeting.
Meetings consistent with this section shall be conducted by the district at least once a year for the purpose of reviewing and revising as necessary each student's IEP. Meetings may be held more frequently.
IEP Content
Each student's IEP, a written document made in accordance with the requirements of this section, shall be developed on the basis of evaluation and parent input, where it is provided, and shall include:
1. A statement of the student's present levels of educational performance;
2. A statement of specific annual goals including short-term instructional objectives which are stated in terms that provide for measurement of progress, expected levels of performance, and the schedules for their accomplishments;
3. A statement of the specific special education and related services to be provided to the student based upon the individual needs of the student, as determined through the evaluation process, and the extent to which the student will be able to participate in the regular education program, including physical education. If modification to the general education program are necessary to ensure participation in that program, those modifications must be described. If the student is unable to participate in the regular physical education program, a description of the specially designed physical education to be provided to the student shall be included;
4. A statement of the needed transition services including goals and objectives, based on a functional vocational evaluation and anticipated post school outcome(s) beginning no later than age sixteen and annually thereafter (and when determined appropriate for an individual student, beginning in elementary school or sooner), including, when appropriate, a statement of the interagency responsibilities or linkages (or both) before the student leaves the school setting; In the case where a participating public agency fails to provide agreed upon services, the district shall reconvene the IEP team, as soon as possible, to identify alternative strategies to meet transition objectives, and, if necessary, revise the IEP, as long as the student is eligible for services.
If the IEP team determines that services are not needed in one or more of the areas specified in WAC 392-172-060 the IEP must include a statement to that effect and the basis upon which the determination was made;
5. The projected dates for the initiation of services and the anticipated duration of the services, including the number of school days, the number of hours per day, and the length of the school year over which such services shall be provided. In the event the IEP is the first in the district for such student and the MDT has not made a determination as to the need for an extended school year for such student, the IEP team shall make its recommendation on the length of the school year over which such services shall be provided prior to the conclusion of the regular one hundred eighty school days;
6. Appropriate objective criteria and evaluation procedures and schedules for determining, on at least an annual basis, whether the short-term instructional objectives are being met; and
7. Aversive therapy, if applicable, should reference the positive interventions attempted by the district prior to the use of aversive therapy.
Nothing in this section relieves any participating public agency, including a state vocational rehabilitation public agency, of the responsibility to provide or pay for any transition service that the public agency would otherwise provide to special education students who meet the eligibility criteria of that public agency.
The district shall provide the parent (or the adult student) a copy of the IEP.
The district must provide special education and related services to a student with a disability in accordance with an IEP. However, Part B of the Individuals with Disabilities Education Act does not require that any district, teacher, or other person be held accountable if a student does not achieve the growth projected in the annual goals and objectives.
Transition Services
1. Parent Notice. If a purpose of the IEP meeting is the consideration of transition services for a student, the notice must also:
a. Indicate this purpose;
b. Indicate that the district will invite the student; and
c. Identify any other public agency that will be invited to send a representative.
2. Participants: If a purpose of the IEP meeting is the consideration of transition services for a student, the district shall also invite:
a. The student;
b. A representative of any other public agency that is likely to be responsible for providing or paying for transition services.
c. If the student does not attend, the district shall take other steps to ensure that the student's preferences and interests are considered; and
d. If a public agency invited to send a representative to an IEP meeting does not do so, the district shall take other steps to obtain the participation of the other public agency in the planning of any transition services.
3. Student participation. The district is required to invite each student to participate in his or her IEP meeting if a purpose of the meeting is the consideration of transition services for the student.
For all students who are sixteen years of age or older, one of the purposes of the annual meeting will always be the planning of transition services, since transition services are a required component of the IEP for these students.
For a student younger than age sixteen, if transition services are initially discussed at a meeting that does not include the student, the district is responsible for ensuring that, before a decision about transition services for the student is made, a subsequent IEP meeting is conducted for that purpose, and the student is invited to the meeting.
IEPs for Private School Students
1. Contracted placements. If the district contracts with an approved nonpublic or public school agency in order to provide FAPE to a special education student, the district shall:
a. Initiate and conduct a preplacement meeting prior to the student's enrollment with appropriate personnel and the student's parent(s) for the purpose of developing the student's IEP. The district shall seek to ensure that a representative of the nonpublic or public school agency attends the meeting or in some other way assure participation by the nonpublic school agency. Meetings to review or revise the student's IEP after the student has been placed shall be initiated and conducted by the nonpublic or public school agency at the discretion of the district. The district shall assure that the parent(s) (or the adult student) and the nonpublic school agency are involved in any decision concerning the student's IEP and agree to proposed changes in the program before those changes are implemented. The responsibility for compliance with this section lies with the district.
b. Develop a written contract consistent with state standards.
2. Parental placements. If a special education student is enrolled in a parochial or other private school and receives special education or related services from the district the district shall:
a. Initiate and conduct meetings at either the agency or parent's request to develop, review and revise an IEP for the student, in accordance with this section; and
b. Ensure that a representative of the parochial or other private school attends each meeting. If the representative cannot attend, the district shall use other methods to ensure participation by the private school, including individual or conference telephone calls.
Delivery of Services
The district's procedures for implementing Board policy on the delivery of special education services are as follows:
Least Restrictive Environment (LRE)
The placement and provision of services to each special education student shall be in his or her LRE as follows.
Each special education student shall be placed:
1. In the regular educational environment with students without disabilities to the maximum extent appropriate to his or her needs, unless it can be demonstrated by the district that the nature or severity of the student's disability is such that his or her education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily; and
2. In the school in which he or she would attend if not disabled, unless his or her IEP requires some other arrangement. If some other arrangement is required, the student shall be placed in the appropriate educational program that is as close to the student's home as is reasonably possible.
These placement provisions also apply to special education students in public or private institutions or other care facilities.
Nonacademic and Extracurricular Services
Each student with disabilities shall be provided nonacademic and extracurricular services and activities conducted by the district (e.g., meals, and recess) with students without disabilities to the maximum extent appropriate to the needs of the student.
Nonacademic and extracurricular services and activities may also include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the district, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the district and assistance in making outside employment available.
Continuum of Alternative Placements
A continuum of alternative placement options shall be made available as is necessary to meet the needs of the district's special education students for special education and related services, as defined in the IEP.
The options shall include instruction in regular classes, special classes, special schools, home instruction, instruction in hospitals and institutions, and instruction in other settings, and shall provide for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with general class placement.
Specially designed instruction shall be provided as follows:
1. General classroom: by certificated special education personnel or general certificated teachers and/or classified staff under the direct supervision of the general certificated teacher. Direct supervision involves observation at least weekly, during the time such services are being provided. Direct supervision of classified staff providing related services will occur at least monthly.
2. Special classrooms/other environments: by certificated special education personnel or classified instructional staff under the direct supervision of certificated special education personnel.
If specially designed instruction is not provided directly by certificated special education personnel, it must be designed, monitored, and evaluated by such personnel on the basis of a written plan which is evaluated at least monthly.
Placement Considerations and Annual Review
The placement of each special education student shall be determined at least annually at a meeting conducted pursuant to this section.
The selection of the appropriate placement option or options for each special education student shall be based upon:
1. The student's IEP;
2. The LRE requirements;
3. The option or combination of options that provides a reasonably high probability of assisting the student to attain his or her annual goals; and
4. A consideration of any potentially harmful effect on the student or on the quality of services which he or she needs.
In interpreting evaluation data gathered through the evaluation and eligibility process in this section and in making placement decisions, the district shall:
1. Draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, parental input, physical condition, social or cultural background, and adaptive behavior;
2. Ensure that information obtained from all of these sources is documented and carefully considered; and
3. Ensure that the placement decision is made in conformity with the LRE rules in this section.
Initial Placement
The district shall provide written notice of a student's proposed, initial special education placement, or of the district's inability or refusal to make a special education placement, at the initial IEP meeting or within ten calendar days after the initial IEP meeting. The notice shall comply with the notice requirements of this section.
The written consent of the parent(s) (or adult student) shall be requested if special education placement is proposed.
The student's proposed special education placement shall commence when either:
1. Written consent has been given by the parent(s) (or the adult student); or
2. The refusal of a student's parent(s) (or adult student) to grant consent has been overridden by the district pursuant to a hearing (or appeal) conducted in accordance with this section.
Preschool Services, including Transition to Preschool
The district shall provide for the smooth transition of children participating in the early intervention program under Part H IDEA who are eligible for participation in preschool programs under Part B of the IDEA.
The district's preschool services procedures include:
1. Families shall participate in the development of transitional plans;
2. The district, the public agency in which the child is being served, and the family will be notified of the need for transitional planning;
3. With the approval of the family, a conference between the public agency, family, and district will be conducted to arrange for smooth transition;
4. The conference will occur at least ninety days before such child is eligible for the preschool program under Part B of IDEA;
5. The meeting will include reviewing each child's program options, for the period commencing on the day a child turns three running through the remainder of the school year, and establishing a transition plan; and
6. If the child will participate in the district's preschool program under Part B of IDEA at age 3, an IEP consistent with this chapter will be developed and implemented by the child's third birthday. The district will provide the family with information on the eligibility and evaluation requirements under Part B of IDEA, including the parent's and district's rights regarding procedural safeguards.
Districts that provide preschool programs to nondisabled preschool children must meet the conditions of FAPE to students entitled to receive special education services. When such programs are not offered, districts or other agencies may provide opportunities in other programs such as:
1. Head Start;
2. Providing special education services to preschool special education children in private school programs for nondisabled children; and
3. Locating classes for preschool special education children in general elementary classes.
Home/Hospital Instruction
Home or hospital instruction shall be provided to special education students who are unable to attend school for an estimated period of four weeks or more because of physical disability or illness. The parent(s) of a student (or the adult student) shall request the services and provide a written statement to the district from a qualified medical practitioner that states the student will not be able to attend school for an estimated period of at least four weeks.
Home/hospital instructional services shall not be used for initial or on-going placement of otherwise eligible special education students. It shall be limited to placement as is deemed necessary to provide temporary intervention as a result of a physical disability or illness.
Contractual Services
The district shall contract with nonpublic and public school agencies for special education and related services for special education students when the district establishes that it cannot provide an appropriate education for the student with a disability within the district, another district or public agency.
The district shall neither place a student in a nonpublic or public school agency nor award a contract to a nonpublic or public school agency until the nonpublic or public school agency has been approved by the state board of education.
In the event the district within which a student with a disability resides is unable to contract with another district or public agency, or a nonpublic or public school agency, or an appropriate state public agency, the parent (or adult student) and district may jointly petition the superintendent of public instruction or designee for state and federal special education funds to provide an educational program with a public agency in another state or Canada.
Contractual arrangements for an out-of-state educational program shall be approved by the superintendent of public instruction or designee prior to the student's placement in that program. The district shall be responsible for:
1. Determining that no appropriate in-state placement option is available and for making the decision that the student should be placed in an out-of-state program;
2. Determining that the out-of-state educational program is appropriately licensed or approved by that state's authorities and that placement will result in an appropriate education for the student; and
3. Contracting with the out-of-state public agency.
If a student with a disability has a FAPE available and the parents choose to place the student in a private school or facility, the District is not required by this section to pay for the student's education at the private school or facility. However, the District shall make services available to the student as provided under this section.
Disagreements between a parent and the district regarding the availability of a program appropriate for the student, and the question of financial responsibility, are subject to the due process procedures of this section.
Residential Placements
If placement in a public or private residential program is necessary to provide special education and related services to a student with a disability, the program, including non-medical care and room and board, must be at no cost to the parents of the student. Nothing in this section relieves an insurer or similar third party from an otherwise valid obligation to provide or to pay for services provided to a student with a disability. Nothing in this section relieves any participating public agency of the responsibility to provide or pay for any service that the public agency would otherwise provide to any special education student who meets eligibility criteria of that public agency.
Private School Students
The district shall provide special education and related services designed to meet the needs of private school special education students who reside in the school district.
The district shall provide private school special education students with genuine opportunities to participate in special education and related services consistent with the number of those students and their needs.
For students enrolled in a parochial or other private school and receiving special education and related services, the district will initiate and conduct an IEP meeting in accordance with this section, and seek to ensure that a representative of the parochial or private school attends the meeting. If the representative cannot attend, the district will use other methods to ensure participation by the private school.
The district will determine the needs of private school special education students, the number who will participate, and the types of special education and related services which the district will provide them. The District will consult with persons knowledgeable of the needs of these students. Services will be provided on a basis comparable to that used in providing services to special education students enrolled in public schools.
PROCEDURAL SAFEGUARDS
The district's procedures for implementing Board policy in the area of procedural safeguards are as follows.
Prior Notice
Written notice in accordance with this section shall be given by the district to the parent(s) of a student (or to the adult student) a reasonable time before the district:
1. Proposes to initiate or change the identification, evaluation, or delivery of educational services to a student or the IEP, including goals and objectives, or the provision of special education and related services to the student; or
2. Refuses to initiate or change the identification, evaluation, or delivery of educational services to a student or the IEP, including goals and objectives, or the provision of special education and related services to the student.
Parent Consent
Parental consent must be obtained in writing (or overridden by a due process hearing) before:
1. Conducting a preplacement evaluation; and
2. Providing initial special education services to a special education student.
The district shall not require written parental consent as a condition for receiving any other benefit, service, or activity to the parent or to the student.
Contents of Notice
The notice required by this section shall include:
1. A full explanation of all of the procedural safeguards available to the parent (or the adult student) that are set forth in 34 CFR 300.500, 300.502 through 515, and 300.562 through 569;
2. A description of the action proposed or refused by the district, an explanation of why the district proposes or refuses to take the action, and a description of any options the district considered and the reasons why those options were rejected;
3. A description of each evaluation procedure, test, record, or report the district used as a basis for the proposal or refusal; and
4. A description of any other factors which are relevant to the district's proposal or refusal.
The notice shall be:
1. Written in language understandable to the general public; and
2. Provided in the native language of the parent (or adult student) or other mode of communication used by the parent (or adult student), unless it is clearly not feasible to do so.
If the native language or other mode of communication of the parent (or adult student) is not a written language, the district shall take steps to ensure that:
1. The notice is translated orally or by other means to the parent (or the adult student) in his or her native language or other mode of communication;
2. The parent (or adult student) understands the content of the notice; and
3. There is written evidence that the requirements in this section have been met.
Due Process Hearings
A hearing conducted in accordance with this section may be initiated in the following cases for the purposes stated:
1. The parent(s) of a student (or an adult student) or the district may initiate a hearing to challenge or to show (as the case may be) the appropriateness of a proposal by the district to initiate or change:
a. The identification of the student;
b. The evaluation of the student;
c. The delivery of educational services to the student; or
d. The provision of special education and related services to the student pursuant to this section.
2. The parent(s) of a student (or an adult student) or the district may initiate a hearing to challenge or to show (as the case may be) the appropriateness of the district's refusal of the parent(s) (or the adult student's) request to initiate or change:
a. The identification of the student;
b. The evaluation of the student;
c. The delivery of educational services to the student; or
d. The provision of special education and related services to the student pursuant to this section.
3. The district may initiate a hearing to show that its evaluation of a student is appropriate if the student's parents (or the adult student) disagrees with the evaluation results and requests an Independent Educational Evaluation at public expense.
4. A request by a student's parent(s) (or adult student) for a hearing pursuant to this section shall:
a. Be in writing and specify the district with whom there is a disagreement;
b. Be mailed or provided directly to Office of Superintendent of Public Instruction, Office of Legal Services, Old Capitol Building, Olympia, Washington 98504; and
c. Explain the complaint of the parent(s) (or adult student) in general or specific terms.
5. A request by the school district for a hearing pursuant to this section shall:
a. Be in writing;
b. Be mailed or provided directly to Office of Superintendent of Public Instruction, Office of Legal Services, Old Capitol Building, Olympia, Washington 98504. A copy of such request, including required attachments shall be transmitted to the student's parent(s) (or adult student);
c. Have attached to such request a copy of the notice to parent(s) (or adult student) as required by this section. If the hearing request by the district is in response to a request for an independent educational evaluation, the district's written request for a hearing also shall have attached a copy of the written notice to the district required by this section.
6. A notice of a hearing requested by a student's parent(s) (or adult student) or initiated by the district pursuant to this section shall be provided by the hearing officer and shall include, but not necessarily be limited to:
a. The date, time, and place of the hearing;
b. The issues to be addressed at the hearing to the extent the issues have been identified at the time of the notice;
c. The rights, procedures, and other matters set forth in this section; and
d. The right of the parent(s) (or adult student) to seek an independent evaluation at public expense.
7. The forty-five day timeline for completing the hearing process shall begin on the day the Office of Superintendent of Public Instruction receives the Public Instruction written request for a due process hearing.
Expenses and Parent Assistance
The hearing shall be conducted by and at the expense of the superintendent of public instruction. The superintendent of public instruction shall provide for a court reporter's stenographic record of all testimony and other oral hearing proceedings at the expense of the superintendent of public instruction unless a court reporter's stenographic record need not be transcribed for any purpose except as provided or required in this section.
The superintendent of public instruction shall inform the parent(s) (or adult student) of any free or low-cost legal and other relevant services available in the area if:
1. The parent (of adult student) requests the information; or
2. The school district or parent (or adult student) initiates a hearing.
Hearing Officers
The hearing shall be conducted by a qualified person selected and appointed by the chief administrative law judge in the office of administrative hearings pursuant to Chapter 10-08 WAC and shall be a person who:
1. Is not an employee of a public agency which is involved in the education or care of the student; and
2. Does not have a personal or professional interest which would conflict with his or her objectivity in the hearing.
The hearing shall be conducted in accordance with the provisions of WAC 392-101-005 unless modified by this section.
The district shall keep a list of the persons who serve as hearing officers. The list must include a statement of the qualifications of each of those persons.
Hearing Rights
Any party to a hearing under this section has the right to:
1. Be accompanied and advised by persons with special knowledge or training with respect to the problems of special education students ;
2. Be advised/and or represented by an attorney;
3. Present evidence, including the opinion(s) of qualified experts, confront, cross-examine, and compel the attendance of witnesses;
4. Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five days before the hearing;
5. Obtain a written or electronic verbatim record at the hearing to the extent the issues have been identified at the time of the notice;
c. The rights, procedures, and other matters set forth in this section; and