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6010b - SPED Policies

6010 a

Implementation and Interpretation of Special Education Policies

West Point Public Schools adopts these special education policies with the intent that such place and maintain the District in compliance with all applicable laws affecting special education services and programs.  Employees and contractors of the District are expected to comply with these policies and regulations in all respects.

 

The District will abide by all state and federal laws and regulations relating to special education and its special education policies and regulations are to be interpreted to be in compliance with federal and state law and regulations.  In the event of changes in law or regulations, the school administration shall be authorized to implement modifications of practice to comply with such changes (whether the changes impose more or less stringent procedural or substantive requirements) until such time as amended policies or regulations are adopted by the Board of Education.

 

References hereinafter in the policies to “the School District” or “the District” shall mean West Point Public Schools.

 

 

6010 b

Free Appropriate Public Education

The District ensures that a free appropriate public education is available to all children with disabilities from birth through the school year in which the student reaches 21 years of age, including children who have been suspended or expelled from school.

 

 

6010 c

Full Educational Opportunity Goal

The District has a goal of providing full educational opportunity for all children with disabilities birth through the school year when the student reaches ages 21 consistent with the state’s Full Educational Opportunity Goal.

 

 

6010 d

Child Find

All children with disabilities residing in the District, including children with disabilities who are homeless children or wards of the State and children with disabilities attending non-public schools, regardless of the severity of their disabilities, and who are in need of special education and related services, are identified, located, and evaluated and a practical method is developed and implemented to determine which children with disabilities are currently receiving needed special education and related services.

 

 

6010 e

Identification, Evaluation and Verification

The District ensures that children are evaluated in accordance with 92 NAC 51-006.

 

Procedures to ensure that testing and evaluation materials and procedures utilized for the purposes of evaluation and placement of children with disabilities will be selected and administered so as not to be racially or culturally discriminatory.  Such materials or procedures shall be provided and administered in the child’s native language or mode of communication, unless it is clearly not feasible to do so, and no single procedure shall be the sole criterion for determining an appropriate educational program for a child.

 

6010 f

Individualized Education Program

The District ensures that an individualized education program (IEP), or an individualized family service plan (IFSP) is developed, reviewed, and revised for each child with a disability in accordance with 92 NAC 51-007.

 

6010 g

Individualized Family Services Plan (IFSP)

The District ensures that an individualized education program (IEP), or an individualized family service plan (IFSP) is developed, reviewed, and revised for each child with a disability in accordance with 92 NAC 51-007.

 

6010 h

Early Intervention Transition

The District ensures that children participating in Early Intervention Services experience a smooth and effective transition to services provided under Part B of the IDEA.

 

 

6010 i

Participation in Assessments

The District ensures that children with disabilities are included in district and state-wide assessment programs, with appropriate accommodations, where necessary.  As appropriate, the School District develops guidelines for the participation of children with disabilities in alternate assessments for those children who cannot participate in district-wide assessments and develops and conducts those alternate assessments.  The District will make available to the Nebraska Department of Education the information necessary to carry out its duties relating to the reporting of children with disabilities participation in assessments.

 

6010 j

Least Restrictive Environment

To the maximum extent appropriate, children with disabilities, including children in public and nonpublic institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular education environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. 

 

If placement in a public or non-public residential program is necessary to provide special education and related services to a child with a disability, the program including non-medical care and room and board, must be at no cost to the parents of the child.

 

The District ensures that children with disabilities have available to them the variety of educational programs and services available to non-disabled children, including art, music, industrial arts, consumer and homemaking education and vocational education. For infants and toddlers, services will be provided in the child’s natural environments, including home and community settings that are natural or normal for the child’s age peers who have no disabilities.

 

6010 k

Procedural Safeguards

The District ensures that children with disabilities and their parents are afforded the procedural safeguards required in 92 NAC 51-009.

 

6010 l

Confidentiality

The District complies with the requirements contained in 92 NAC 51-009 relating to the confidentiality of records and information.

 

6010 m

Transportation

The District ensures that transportation will be provided to any special education student who qualifies for special education transportation under Neb. Rev. Stat. 79-1129. 

 

6010 n

Transition of Children from Part C to Preschool Programs

Children participating in early intervention programs under Part C of the IDEA (early intervention services) and who will participate in preschool programs assisted under Part B of the IDEA (services for school-aged children) shall experience a smooth and effective transition to those preschool programs in a manner consistent with 92 NAC 51-007.16.  By the third birthday of such a child, an individualized education program or an individualized family service plan shall be developed and be implemented for the child.  The District will participate in transition planning conferences arranged by the designated lead agency. 

 

6010 o

Personnel Standards

The District ensures that all personnel are appropriately and adequately prepared subject to IDEA requirements and the District will take measurable steps to recruit, hire, train and retain personnel meeting the requirements of IDEA to provide special education and related services to children with disabilities.

 

6010 p

Performance Goals and Indicators

The District will use performance goals and indicators established by the state to assess progress toward achieving those goals that are consistent to the extent appropriate with any other goals and academic standards for children.  The District will provide the Nebraska Department of Education with information necessary to enable the state to assess progress toward achieving the goals established by the state. 

 

Policy 6010 q

Participation in and Reporting of State and District Wide Assessments

All children with disabilities shall be included in all general state and district wide assessment programs, including assessments described under section 612(a)(16)(A) of the IDEA with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individualized education programs.  The District will make available to the Nebraska Department of Education the information necessary to carry out its duties relating to the reporting of children with disabilities participation in assessments.

 

 

6010 r

Suspension and Expulsion Reporting

The District will report data to the Nebraska Department of Education to determine if significant discrepancies are occurring in the rate of long-term suspension and expulsions of children with disabilities.

 

 

6010 s

Access to Instructional Materials

As part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, the District will enter into a written contract with the publisher of the print instructional materials to:

Require the publisher to prepare and, on or before delivery of the print instructional materials, provide to the National Instructional Material Access Center, electronic files containing the contents of the print instructional materials using the National Instructional Materials Accessibility Standard, or

Purchase instructional materials from the publisher that are produced in, or may be rendered in specialized formats. 

 

 

 

6010 t

Children in Nonpublic Schools

To the extent consistent with the number and location of children with disabilities who are enrolled by their parents in nonpublic elementary and secondary schools, provision is made for the participation of those children in special education and related services in accordance with the requirements contained in 92 NAC 51.

 

The District’s policy relating to child find activities applies with respect to children with disabilities who are enrolled in nonpublic, including parochial, elementary and secondary schools.

 

Children with disabilities in nonpublic schools and facilities are provided special education and related services in accordance with an individualized education program, at no cost to their parents, if the child is placed in, or referred to nonpublic schools or facilities by the District as a means of carrying out the requirements of IDEA or any other applicable law requiring the provision of special education and related services to all children with disabilities.  Children served by nonpublic schools or facilities as a result of a referral by the District will have all the rights they would have if served by the District.

 

The District is not required to pay for the cost of education, including special education and related services, of a child with a disability at a nonpublic school or facility if the District made a free appropriate public education available to the child and the parents elected to place the child in such nonpublic school or facility.

 

If the parents of a child with a child with a disability, who previously received special education and related services under the authority of the District, enroll the child in a nonpublic preschool, elementary or secondary school without the consent of or referral by the District, a court or a hearing officer may require the District to reimburse the parents for the cost of the enrollment if the court or hearing officer finds that the District had not made available a free appropriate public education to the child in a timely manner prior to that enrollment.

 

The cost of the reimbursement may be reduced or denied if at the most recent IEP team meeting that the parents attended prior to the removal of the child from the District, the parents did not inform the IEP Team that they were rejecting the placement proposed by the District to provide a free appropriate public education to their child, including stating their concerns and their intent to enroll their child in a nonpublic school at public expense; or at least 10 business days (including any holidays that occur on a business day), prior to the removal of the child from the School District, the parents did not give written notice to the District of the information required above.  The cost of reimbursement will not be reduced or denied for failure to provide the information required above.  The cost of reimbursement will not be reduced or denied for failure to provide the information required if the parent is illiterate and cannot write in English, if compliance with the requirement would likely result in physical or serious emotional harm to the child, if the school prevented the parent from providing the information or if the parents had not received notice required by 92 NAC 51-009 of the parents responsibility to provide notice to the District.

 

The reimbursement may also be reduced or denied if prior to the parents removal of the child from the District, the School District informed the parents, through the notice requirements described in 92 NAC 51-009, of its intent to evaluate the child (including a statement of the purpose of the evaluation was that appropriate and reasonable), but the parents did not make the child available for the evaluation.

 

The reimbursement may also be reduced or denied upon a judicial finding of unreasonableness with respect to actions taken by the parents.

 

 

6010 u

Over-Identification and Disproportionality

Procedures shall be in place to ensure that testing and evaluation materials and procedures utilized for the evaluation and placement of children with disabilities will be selected and administered so as not to be racially or culturally discriminatory.  Such materials or procedures shall be provided and administered in the child’s native language or mode of communication, unless it is clearly not feasible to do so, and no single procedure shall be the sole criterion for determining an appropriate educational program for a child.

 

6010 v

Prohibition on Mandatory Medication

Children shall not be required to obtain a prescription for a controlled substance as: 1) a condition of attending school; 2) to receive an evaluation to determine the nature and extent of the child’s disability or  needs; or 3) to  receive special education services. 

 

6010 w

Surrogates

A surrogate will be appointed and other action taken to ensure the rights of children with a disability as required by law.

 

Adopted on:                 12-12-2005

 

Revised on:                  2-14-2010

                                    8-15-2011

 

Reviewed on:               _________

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