Programs for Students With Disabilities {BOE Policy IGBA-R}
As an expression of its commitment to provide a free appropriate public education for students with disabilities in accordance with State and Federal law, rules, and regulations, the Board does hereby resolve to implement the following.
1. Child Identification
Ongoing efforts are made to identify, locate and evaluate students below 22 years of age who reside within the District and have a confirmed or suspected disability in accordance with all federal regulations and state standards.
2. Procedural Safeguards
The student with a disability and his/her parent(s) are provided with safeguards, as required by law, throughout the identification, evaluation and placement process and the provision of a free appropriate public education to the student.
3. Multifactored Evaluation
The District provides a multifactored evaluation for students with disabilities by ensuring that students are assessed in their native language or other mode of communication. Tests are used for their validated purposes. Students are evaluated in all areas related to their suspected disability. Testing is conducted by a multidisciplinary team. Testing materials and procedures are not racially or culturally biased. Tests are administered by trained personnel qualified in accordance with all federal regulations and state standards and in conformance with the instructions provided by the producer. Medical evaluation, when required as part of the multifactored evaluation, is provided at no cost to the parent(s) by a licensed physician designated by the Superintendent/designee when other no-cost resources are not available.
4. Individualized Education Program
An Individualized Education Program (IEP) is developed for each student with a disability who needs special education. The IEP is designed to meet the unique educational needs of the student and developed in a planning conference. The parent(s) of the student are strongly encouraged to participate in the planning conference. The IEP is reviewed and revised as often as necessary, but at least annually.
5. Least Restrictive Environment
The education of students with disabilities occurs in the least restrictive environment. Special education programs and services are appropriate and designed to meet the unique needs of each student with a disability. To the maximum extent appropriate, students with disabilities, including students in public or private institutions or other care facilities, are educated with students who do not have disabilities. Special classes, separate schooling or other removal of students with disabilities from the regular educational environment occur only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
6. Confidentiality of Data
The confidentiality of personally identifiable data relating to students with disabilities and their parents and families is protected at collection, storage, disclosure and destruction. One official of the District is assigned the responsibility for protecting the confidentiality of personally identifiable data. The District follows all federal regulations and state standards related to the confidentiality of data.
7. Due Process
The District utilizes procedures that allow differences of opinion to be aired and resolved between parent(s) or agencies and the District. The procedures provide for utilization of case conferences, administrative reviews, impartial due process hearings, state-level appeals and appeals to the courts that involve the District’s proposal or refusal to initiate or change the identification, evaluation or educational placement of the child or the provision of a Free Appropriate Public Education (FAPE) to the student. Furthermore, the rights of students with disabilities are protected when the parents cannot be identified or located, when the student is a ward of the state or when the student is without a formally declared legal representative.
8. Surrogate Parent
Whenever the parent(s) of a student with a disability are not known or cannot be located, or when the student is a ward of the state, the student’s rights are protected through the assignment of an individual (who is not an employee of the state education agency, local education agency or intermediate educational unit involved in the education of the child) who serves as the student’s surrogate parent.
9. Testing Programs
Students with disabilities must participate in local and statewide testing programs. Individual exemptions and participation in an alternate assessment are determined only during an IEP conference.
10. Discipline
A student with a disability is disciplined only in accordance with State and Federal laws, rules and regulations.
(Approval date: September 19, 2006)
THIS IS A REQUIRED REGULATION