2161.1P Procedure - Special Education and Related Services for Eligible Students
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The state regulations governing implementation of special education services pursuant to the Individuals with Disabilities Education Improvement Act (IDEA) of 2004 are addressed in Chapter 392-172A WAC. These procedures do not address all of the requirements established in the regulations. District personnel who are not familiar with the regulations need to contact the special education department director if there are questions regarding special education. These procedures describe how the district implements its special education program.
Free Appropriate Public Education (FAPE)
The superintendent, in consultation with building staff, will annually determine whether to use Early Intervening Services (EIS) funding for students who have not been identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment.
The district will annually report to the Office of Superintendent of Public Instruction (OSPI) the number of students receiving EIS; and the number of students who received EIS and subsequently received special education and related services under Part B of IDEA during the preceding two-year period.
Services to eligible special education students, age three to 21, will be provided without charge to the student. This does not include incidental fees that are normally charged to all students. Special education services will include preschool, elementary, and secondary education and are provided in conformance with the student’s Individualized Education Program (IEP).
The district provides a continuum of services for students, regardless of the funding source. Where the district is unable to provide all or part of the special education or necessary related services, it will make arrangements through contracts with other public or non-public sources, inter-district agreements, or interagency coordination.
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Require parents to sign up for or enroll in public benefits or insurance programs in order for their student to receive FAPE under Part B of the IDEA;
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Require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim;
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Use a parent or student’s benefits under public insurance programs if that use would:
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Decrease available lifetime coverage or any other insured benefit;
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Result in the family paying for services required after school hours that would otherwise be covered by the public insurance program;
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Increase premiums or result in discontinuation of insurance; or
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Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures.
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Obtain parent consent in accordance with Chapter 392-172A WAC each time the district wishes to access benefits for a new procedure; and
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Inform the parents that their refusal to permit the district to access their insurance does not relieve the district of its responsibility to ensure that all required services are provided at no cost to the parents.
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A statement of the parental consent provisions;
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A statement of the “no cost” provisions;
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A statement that the parents may withdraw their consent to disclose personally identifiable information to the agency responsible for administering the state’s public benefits or insurance; and
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A statement that a parent’s withdrawal or refusal to consent does not relieve the school district of its responsibility to ensure that all required services are provided at no cost to the parents.
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The personally identifiable information that may be disclosed, such as records or information about the services that may be provided to the student;
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The purpose of the disclosure;
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The agency to which the disclosure will be made; and
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That the parent understands and agrees that the public agency may access the parent’s or student’s public benefits or insurance to pay for services under the act.
The director of special education is responsible for providing the required notices and requests for consent to parents under this section.
Parent Participation in Meetings
Parents (and as appropriate, students) will be provided the opportunity to participate in any meetings with respect to the identification, evaluation, educational placement, and provision of a FAPE, including IEP team meetings, school discipline, and truancy meetings.
When a meeting is scheduled parents will be:
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Notified of the meeting early enough that they will have an opportunity to attend;
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Notified of the availability of interpretation and translation services at no cost to the parents;
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Notified of the purpose, time, and location of the meeting and who will be in attendance;
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Notified that the district or the parent may invite others who have knowledge or special expertise of the student; and
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The meetings will be scheduled at a mutually agreeable time and place.
This documentation will be kept in the student’s special education file. The IEP case manager for the student is responsible for scheduling the meeting and notifying the parent.
Identification and Referral (Child Find)
The purpose of Child Find is to locate, evaluate, and identify children with suspected disabilities in need of special education services including those who are not currently receiving special education and related services and who may be eligible for those services. Activities are to reach:
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Children residing in the school district boundaries including preschool-aged children;
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Children attending approved, nonprofit private elementary and secondary schools located within the district boundaries;
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Highly mobile children (such as children experiencing homelessness, in foster care, and living in migrant conditions);
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Children who have a disability and may need special education services even though they are advancing from grade to grade; and
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Children at home or home-schooled.
- Parents are asked to provide information to assist in assessing their child; and
- Children are screened to assess cognitive, communication, physical, social-emotional, and adaptive development. Parents will be notified at the screening of the results and the parents will also be provided written notice of the results within ten days of the screening. If the screening supports evaluation, staff will obtain written consent for evaluation at the exit interview if possible, or include consent forms with the written notice notifying the parents of the results. If the screening results indicate that the child does not need an evaluation, written notice will be sent to the parents within 10 days of the screening explaining the basis for the district’s decision not to evaluate. Evaluation occurs in accordance with evaluation procedures.
B. Referral
When a referral is made, the district must act within a 25 school-day timeline to make a decision about whether or not the student will receive an evaluation for eligibility for special education services.
All certificated employees will document referrals immediately upon a referral being made to or by them. All other staff receiving a referral from another person will notify a certificated staff member. The special education department: (a) records the referral; (b) provides written notice of the referral to the parent, including the date the request was received; and (c) advises the building team to collect and review district data and information provided by the parent to determine whether evaluation is warranted.
During the referral period the building team will collect and review existing information from all sources, including parents. Examples may include:
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Child’s history, including developmental milestones;
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Report cards and progress reports;
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Individual teacher or other provider information regarding the child including observations;
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Assessment data;
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Medical information, if provided; and
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Other information that may be relevant to assist in determining whether the child should be evaluated.
When the parent provides consent, the district will select an evaluation group. The evaluation group is to complete the evaluation within 35 school days after the district’s receipt of parent consent, unless:
- The parents and district agree in writing to extend the timeline;
- The parent fails or refuses to make the student available for the evaluation; or
- The student enrolls in another school district after the evaluation is begun, but before completion, and the parent and new district have an agreement for completion of the evaluation.
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The Early Learning Center principal will serve as the point of contact with the family resource coordinator for timely execution of transition planning conferences that are arranged at least 90 days before the student’s third birthday by the designee of the Part C agency;
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Within 25 school days following the transition planning conference, a determination whether or not to evaluate the student for Part B services will be made;
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The district will follow the procedures for obtaining consent and conducting an initial evaluation, and provide prior written notice of the decision, if it determines that the student will be evaluated to determine eligibility for Part B services.
The district will follow the procedures for timelines and evaluation requirements for students moving from Part C to Part B. However, students turning three, who were previously determined eligible for early intervention services under Part C of IDEA, will be evaluated for initial eligibility for special education services under Part B of IDEA. The evaluation must be completed in enough time to develop an initial IEP by the date of the student’s third birthday.
B. Evaluation Requirements
The evaluation must be an individual assessment designed to determine:
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Whether the student is eligible for special education and any necessary related services; and,
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The nature and extent of special education and related services needed by the student, including information related to enabling the child to be involved in and progress in the general education curriculum.
There are many legal requirements for conducting evaluations. Evaluation procedures or materials must be free of racial, cultural, or sexual/gender bias and they must be used for the purpose for which they are valid and reliable. Tests must be appropriate for the student’s age and stage of developmental level. Tests should be administered in the native language of the student or conducted in the mode of communication most familiar to the student. If it appears to be clearly not feasible to conduct a procedure or test in the mode of communication most frequently used by the student, the IEP team or evaluation team will contact the special education administrator to develop an individualized strategy for valid evaluation of the student’s skills. The inclusion of parents in this collaboration is desirable and strongly encouraged.
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Review of existing data, including corresponding response to intervention (RTI) documentation;
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Relevant functional and developmental information;
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Information from parents;
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Information from other providers;
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Information related to enabling access to and progress within the general education curriculum and assisting in determining whether there is a disability and the content of the IEP;
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Current classroom-based evaluations, using criterion-referenced and curriculum-based methods, anecdotal records, and observations;
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Teacher and related service providers’ observations; and
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Testing and other evaluation materials, which may include medical or other evaluations when necessary.
This review of existing data may be in the form of a meeting of IEP team members, or may be conducted without a meeting. It includes data provided by parents, data gathered in the general education classroom, or data from state and district level assessments. The data may provide information about the student’s physical condition, social or cultural background, and adaptive behavior.
When additional assessments are necessary, the group members have the responsibility of selecting, administering, interpreting, and making judgments about evaluation methods and results, and ensuring that the tests and assessments are administered by qualified personnel in accordance with the instructions of the test producer. The gathering of additional data in combination with existing data must be sufficiently comprehensive to address all areas of the suspected disability and any special education needs, whether linked to the disability category or not. If the IEP team determines that no additional data are needed, the IEP team will notify the student’s parent of that determination and the reasons for it, and inform them of their right to request additional assessments. The district will complete the evaluation using existing data.
Parents and district staff are encouraged to work towards consensus, but the school district has the ultimate responsibility to determine whether the student has a disability or not. The special education staff will provide the parent with prior written notice of the eligibility decision, as well as a copy of the evaluation report. If the parent disagrees with the eligibility decision they will be informed of their dispute resolution options described in the procedural safeguards.
E. Eligibility
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A student is not eligible if the determinant factor is lack of appropriate instruction in reading or math, based upon the state’s grade level expectations or limited English proficiency; and
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Eligibility may be determined by documented professional judgment when:
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Properly validated tests are unavailable; or
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Corroborating evidence indicates that results were influenced due to measuring a disability.
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Parents will also be provided with prior written notice of the eligibility decision within ten school days of the decision. The evaluation team leader is responsible for sending the notice.
Students remain eligible for special education services until one of four events occur:
- The student is determined through a reevaluation to no longer be eligible for special education;
- The student has met the district’s high school graduation requirements;
- The student has reached age 21. A special education student whose 21st birthday occurs after August 31, will continue to be eligible for special education and any necessary related services for the remainder of the school year; or
- The student no longer receives special education services based upon a parent’s written revocation of services.
The evaluation group will determine who is most appropriate to develop the evaluation report reflecting the evaluation information. This will be completed before the conclusion of the evaluation period and will, at a minimum:
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Identify the disability that requires special education and related services, if a disability exists;
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Discuss assessments and review data supporting conclusions regarding eligibility;
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Include the additional information required for the specific learning disability eligibility category;
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Describe how the disability or disabilities affect the student’s involvement and progress in the general curriculum;
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Make recommendations to the IEP team with respect to special education and related services needed, materials or equipment, instructional and curricular practices, student management strategies, the need for extended school year services beyond 180 school days, and location of services;
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Include other information, as determined through the evaluation process and parent input;
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Include the additional information required for the specific learning disability eligibility category;
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Provide any necessary professional judgments and the facts or reasons in support of the judgments; and
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Be signed and dated by the evaluation group members certifying their agreement. Any group member who disagrees with the conclusions of the report will prepare a separate statement representing their own conclusion.
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The special education staff is responsible for notifying parents of the date, time, and location of evaluation meetings. The Invitation to a Meeting form will be used.
Students who turn six who met the eligibility requirements for the disability category of “Developmentally Delayed” (DD) under the criteria for ages three to six years need not be reevaluated at age six under the criteria for six to nine years until three years after their initial evaluation was completed.
Students who were previously eligible under the category “Developmentally Delayed” must be reevaluated before age ten to determine eligibility within another category.
As part of any reevaluation, the IEP team members and other professionals the district determines appropriate will review existing data that includes:
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Evaluations and information provided by the parents;
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Current classroom-based assessment, local or state assessments, and classroom-based observations; and
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Observations by other teachers and related services providers data.
- Whether the student continues to be eligible for special education and any necessary related services;
- The present levels of performance and educational needs; and
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Whether any additions or modifications to the student’s program are needed. This review can occur with or without a meeting or through individual review. If the IEP team members and any other persons reviewing the data determine that no further testing is necessary, the district will notify the parents of this determination, using written prior notice and will inform parents that they have the right to request assessments if they disagree with the determination that additional testing is not necessary. Parent consent is not required if the reevaluation does not require additional testing.
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If additional testing is needed:
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The special education staff will request written parental consent for reevaluation and provide prior written notice identifying the areas of assessment;
- If the parents do not return the signed consent form, the district will send another letter explaining the need for reevaluation and parent consent and will enclose another consent form and a copy of the prior written notice. In addition, the district will document its reasonable attempts to obtain consent such as telephone calls, emails, personal contact, and other efforts to obtain consent;
- If the parents do not respond to the request for consent, and the district has documented its reasonable attempts to obtain consent, the district can proceed with the reevaluation; and
- If the parents refuse to consent to the reevaluation, the evaluation group will notify the special education director so that the district can determine whether it will seek mediation in order to obtain consent or request a due process hearing to ask an administrative judge to override the parents’ refusal to consent.
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- Whether the student continues to be eligible and in need of special education;
- Present levels of performance and educational needs of the student; and
- Whether any additions or modifications to the special education and related services are needed to enable the student to meet IEP annual goals and to participate, as appropriate, in the general curriculum.
When parents request an IEE, the district must decide within 15 calendar days whether or not it agrees to provide it. Any parent request for an independent evaluation should be immediately referred to the special education director. The special education director will review the request and determine whether or not the request is warranted. If the district agrees to provide an IEE, arrangements will be made promptly. If the district denies the request to pay for an IEE, it must file for a due process hearing within 15 calendar days of the parent’s request. The district may request mediation as an option after filing the due process hearing. If the parents withdraw their request for an IEE, the due process hearing can be dismissed.
When a parent requests an IEE, the district must provide parents a list of district criteria and evaluators. If the school district initiates a hearing and a decision is made that the district’s evaluation is appropriate, the parent still has the right to an IEE, but not at public expense. A parent is entitled to only one IEE at public expense each time the district has conducted an evaluation with which the parent disagrees.
If the parent obtains an IEE at either public or private expense, any results of the IEE must be considered by the district if providing FAPE. The IEE may also be presented as evidence at a hearing regarding the student.
The following criteria are established for the selection of an individual to conduct an IEE at public expense. These criteria are established in order to identify the knowledge, experience, and qualifications of individuals selected to conduct the evaluations. Any individual selected to conduct either a district evaluation or an IEE must be:
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Licensed, credentialed, or otherwise qualified within the state of Washington or state of residence/practice to perform an evaluation in the specific professional discipline for which an independent evaluation is sought;
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Knowledgeable and experienced in evaluating children with similar disabilities;
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Geographically located within the state of Washington; and
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Available to the district at a maximum fee which does not exceed by more than 25% the prevailing average for similar evaluations within the state of Washington.
Exceptions to the criteria will be granted only when it can be shown that the unique circumstances of the child or the disability:
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Make it impossible to identify anyone within the state of Washington who holds the appropriate credentials or experience necessary to conduct the evaluation; or
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Require a specialized evaluator whose fee exceeds the prevailing average by more than 25%; or
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Include factors which would warrant an exception in order to obtain an appropriate evaluation.
The district will maintain a copy of the current IEP, which is accessible to all staff members responsible for providing education, other services, or implementation of the IEP. All staff members will be informed of their responsibilities for its implementation. This includes not only teachers and other service providers, but also bus drivers, playground and lunchroom supervisors, nursing staff, and others who may be responsible for the proper implementation. The building principal is responsible for ensuring that staff members are knowledgeable about their responsibilities.
IEPs will be implemented without undue delay following IEP meetings, regardless of the payment source for special education and or related services.
Parents are members of the IEP team and will have the opportunity to participate fully. The district will make sure that the parents understand the proceedings, including arranging for an interpreter for parents who are deaf or whose native language is other than English. The district will also ensure that meeting locations are accessible. The special education department is responsible for coordinating interpreters and making arrangements for the meeting location.
The district will provide parents/guardians with a copy of the district’s Restraint, Isolation and Other Uses of Reasonable Force (Policy 3246) with each initial and annual IEP.
B. IEP Team
The IEP team includes:
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The parent(s) of the student;
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Not less than one general education teacher (or preschool teacher) of the student if the student is, or will be, participating in the general education environment. The general education teacher will, to the extent appropriate, participate in development of the student’s IEP, including determinations of: 1) appropriate positive behavioral interventions and supports for the student; and 2) supplementary aids and services, program modifications, and support for school personnel consistent with WAC 392-172A-01185 and WAC 392-172A-03110(2)(b);
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Not less than one special education teacher, or if appropriate, not less than one special education provider of the student;
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A representative of the district, who is qualified to provide or supervise the provision of special education and related services, is knowledgeable about general education curriculum, and is knowledgeable about the availability of district resources. Representatives may include special education certificated staff and administration. The building principal will serve as the district representative unless he/she designates an alternate;
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An individual who can interpret the instructional implications of the evaluation results;
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Any other individuals who have knowledge or special expertise about the student. These individuals may be invited by both the district and the parents, at the discretion of the person making the invitation;
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The student, when appropriate, or when required;
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Students must be invited when the purpose of the meeting includes discussion of transition needs or services;
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If another agency is or may be responsible for payment or provision of transition services, an agency representative will be invited, with the parent’s consent. If the agency representative cannot attend the meeting, district personnel will keep the representative informed of the meeting and obtain agency information that will assist in the service provision; and
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Parents will be notified of the participation of the Part C service coordinator or other designated representatives of the Part C system as specified by the state lead educational agency for Part C at the initial IEP meeting for a child previously served under Part C of IDEA.
When the parents do not attend the IEP meeting, despite the district’s efforts to ensure participation, or if the team does not reach agreement, it is the district’s obligation to offer an appropriate educational program:
- Have IEP members present sign the IEP (or document participation if any member is unwilling to sign);
- Send a copy to the parent, and provide the parent prior written notice that the district intends to implement the IEP; and
- Forward the documentation of actual or attempted contacts to the special education department for processing when parents do not attend the meeting.
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The strengths of the student including the academic, developmental, and functional needs of the student and the concerns of the parents for enhancing the education of their child;
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Whether positive behavioral interventions and supports, including a behavioral intervention plan, as defined by WAC 392-172A-01031, are needed to address the student’s behavior;
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The language needs of the student as those needs relate to the student’s IEP, for a student with limited English proficiency;
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Whether Braille instruction is appropriate for a student who is blind or visually impaired;
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The communication needs of the student (and in the case of a student who is deaf or hard of hearing, consider the student’s language and communication needs), opportunities for direct communications with peers and professional personnel in the student’s language and communication mode; academic level; and full range of needs, including opportunity for direct instruction in the student’s language and communication mode; and
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Whether assistive technology devices or services are needed.
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The student’s present levels of academic and functional performance with a description of how the disability(ies) affect the student’s involvement and progress in the general curriculum or preschool activities;
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Measurable academic and functional annual goals for the student (including benchmarks or short term objectives if the student is participating in alternate assessments) that will meet the student’s needs resulting from the disability(ies) to enable involvement and progress in the general curriculum or in preschool activities, and will meet the student’s other educational needs;
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A statement of special education services, any necessary related services, and supplementary aids and services based on peer-reviewed research to the extent practicable to be provided to the student and program modifications or supports for personnel so that the student may advance towards annual goals, progress in the general curriculum, and be educated and participate with other special education students and non-disabled students, and participate in extracurricular and other nonacademic activities;
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A statement of the extent, if any, that the student will not participate with non-disabled students in general classroom, extra-curricular, and non-academic activities;
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A statement of any individual appropriate accommodations in the administration of state or district-wide assessments of student achievement that are needed to measure academic achievement and functional performance of the child on state assessments. If the team determines that the student will not participate in a particular assessment, the IEP will address why the student cannot participate in the regular assessment(s), why the particular alternative assessment is appropriate for the child, and document (a) that the parents were informed that their student’s academic achievement will be measured on alternate standards, and (b) how participation in an alternate assessment may delay or otherwise affect the student from completing the requirements for a regular high school diploma;
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The date for the beginning of services and the anticipated frequency, location, and duration of services and modifications;
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A statement of how the student’s progress towards goals will be measured, how the student’s parents will be regularly informed of their child’s progress towards the annual goals, and whether the progress is sufficient to enable the student to achieve the goal by the end of the year. Measurement of the student’s progress will be based on the data collected as designated on the IEP. The individual responsible for implementing the goal is responsible for maintaining the data used to measure progress. Information to the parents can be provided at the same time the district issues progress reports or report cards, or other agreed times as identified in the IEP.
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The projected beginning date for the special education and related services;
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With an IEP that is in effect when the child turns 16, or sooner if the IEP team determines it is appropriate, a statement of needed transition services and any interagency responsibilities or needed linkages. The transition component must include appropriate measurable postsecondary goals based on age appropriate transition and assessments related to training, education, employment, and independent living skills where appropriate; the transition services (including courses of study) needed to assist the child in reaching those goals; and a description of how the postsecondary goals and transition services align with the high school and beyond plan (HSBP);
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Emergency response protocols, if determined necessary by the IEP team for the student to receive FAPE and parents provide consent. Emergency response protocols must meet the requirements stated in WAC 392-172A-02105;
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A behavioral intervention plan (BIP), if determined necessary by the IEP team for a student to receive FAPE. The BIP must meet the requirements stated in WAC 392-172A-01031;
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The procedures by which parents/guardians will be notified of the use of isolation or restraint or a restraint device on their student (see Procedure 3246);
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A statement regarding transfer of rights at the age of majority. The IEP case manager will provide prior written notice to the student one year prior to the student turning 18 years of age; and
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Extended school year (ESY) services. The consideration for ESY services is a team decision, based on information provided in the evaluation report and based on the individual needs of a student. ESY services are not limited by categories of disability, or limited by type amount or duration of the services. If the need for ESY services is not addressed in the IEP and ESY services may be appropriate for the student, the IEP team will meet to address the need for ESY. Factors for the team to consider when determining the need for ESY may include, but are not limited to: 1) Evidence of regression or recoupment time based on documented evidence; or 2) A documented determination based on the professional judgment of the IEP team including consideration of the nature and severity of the student’s disability, the rate of progress, and emerging skills.
Use of Isolation, Restraint, and Restraint devices
A. Definitions
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Imminent: The state or condition of being likely to occur at any moment or near at hand, rather than distant or remote.
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Isolation: Restricting a student alone within a room or any other form of enclosure, from which the student may not leave. It does not include a student’s voluntary use of a quiet space for self-calming, or temporary removal of a student from his or her regular instructional area to an unlocked area for purposes of carrying out an appropriate positive behavior intervention plan.
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Likelihood of serious harm: A substantial risk that physical harm will be inflicted by a student:
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Upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;
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Upon another, as evidenced by behavior that has caused such harm or that places another person or persons in reasonable fear of sustaining such harm;
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Upon the property of others, as evidenced by behavior that has caused substantial loss or damage to the property of others; or
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After the student has threatened the physical safety of another and has history of one or more violent acts.
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Positive behavioral intervention: Strategies and instruction that can be implemented in a strategic manner in order to provide alternatives to challenging behaviors, reinforce desired behaviors, and reduce or eliminate the frequency and severity of challenging behaviors. Positive behavioral interventions include the consideration of environmental factors that may trigger challenging behaviors and teaching a student the skills to manage his or her own behavior.
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Restraint: Physical intervention or force used to control a student, including the use of a restraint device. It does not include appropriate use of a prescribed medical, orthopedic, or therapeutic device when used as intended, such as to achieve proper body position, balance or alignment, or to permit a student to safely participate in activities.
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Restraint device: A device used to assist in controlling a student, including, but not limited to, metal handcuffs, plastic ties, ankle restraints, leather cuffs, other hospital-type restraints, pepper spray, tasers, or batons. Restraint device does not mean a seat harness used to safely transport students. This definition is consistent with RCW 28A.600.485(1)(c) and is not intended to endorse or encourage the use of such devices or techniques with district students.
B. Practices presumed to be unreasonable when correcting or restraining any student under the age of 18
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Throwing, kicking, burning, or cutting a child;
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Striking a child with a closed fist;
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Shaking a child under the age of three;
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Interfering with a child’s breathing;
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Threatening a child with a deadly weapon; or
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Doing any other act that is likely to cause bodily harm to a student greater than transient pain or minor temporary marks.
C. Conditions specific to use of isolation
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The isolation must be discontinued as soon as the likelihood of serious harm has dissipated.
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The enclosure will be ventilated, lighted, and temperature controlled from inside or outside for purposes of human occupancy.
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The isolation enclosure will permit continuous visual monitoring of the student from outside the enclosure.
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An adult responsible for supervising the student will remain in visual or auditory range of the student at all times.
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Either the student shall be capable of releasing himself or herself from the enclosure, or the student shall continuously remain within view of an adult responsible for supervising the student.
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Any staff member or other adults using isolation must be trained and currently certified by a qualified provider in the use of trauma-informed crisis intervention (including de-escalation techniques), and also trained by the district in isolation requirements, unless trained personnel are not immediately available due to the unforeseeable nature of the emergency.
D. Conditions specific to use of restraint and restraint devices
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The use of restraint or a restraint device must be discontinued as soon as the likelihood of serious harm has dissipated.
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The restraint or restraint device will not interfere with the student’s breathing.
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Any staff member or other adults using restraint or restraint devices must be trained and currently certified by a qualified provider in the use of trauma-informed crisis intervention (including de-escalation techniques), and such restraint or restraint devices, or otherwise available in the case of an emergency unless trained personnel are not immediately available due to the unforeseeable nature of the emergency.
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In the case of a restraint device, either the student will be capable of releasing himself or herself from the restraint device or the student shall continuously remain within view of an adult responsible for supervising the student.
E. Prohibited practices involving restraint, use of force, and discipline
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District personnel are prohibited from using aversive interventions;
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District personnel are prohibited from physically restraining or isolating a student, except when the student’s behavior poses an imminent likelihood of serious harm as defined above;
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No student may be stimulated by contact with electric current, including, but not limited to, tasers;
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A student may not be denied or subjected to an unreasonable delay in the provision of food or liquid as a form of punishment;
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A student may not be the recipient of force or restraint that is either unreasonable under the circumstances or deemed to be an unreasonable form of corporal punishment as a matter of state law (see above, for example, for a list of practices presumed to be unreasonable when used in correcting or restraining a child);
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A student must not be denied or subjected to an unreasonable delay in the provision of common hygiene care;
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A student must not be denied or subjected to an unreasonable delay in the provision of medication;
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A student may not be excluded from his or her regular instructional or service area and isolated within a room or any other form of enclosure, except under the conditions set forth in WAC 392-172A-02110;
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A student must not be forced to listen to noise or sound that the student finds painful;
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A student must not be forced to smell or be sprayed in the face with a noxious or potentially harmful substance;
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A student must not be forced to taste or ingest a substance which is not commonly consumed or which is not commonly consumed in its existing form or concentration;
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A student’s head must not be partially or wholly submerged in water or any other liquid;
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A student must not be physically restrained or immobilized by binding or otherwise attaching the student’s limbs together or by binding or otherwise attaching any part of the student’s body to an object, except under the conditions set forth in WAC 392-172A.02110;
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A student must not be subjected to the use of prone (lying face-down) and supine (lying face-up) restraint, wall restraint, or any restraint that interferes with the student's breathing.
The district must take reasonable steps to obtain records promptly, including IEP supporting documents and any other records related to special education or related services from the previous school.
When program decisions are addressed by the IEP team, proper consideration must be given to the LRE. Within the educational setting, the student should be placed, whenever possible:
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In the school the disabled student would normally attend; and
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With non-disabled students in the general educational setting to the maximum extent possible.
If the IEP team believes that the student will not be successful within the general education classroom, the team will consider:
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The educational benefits of full-time placement in a regular classroom;
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The non-academic benefits of such a placement;
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The effect the student will have on the teacher and other students in the regular classroom; and
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The costs of placing the student in the regular classroom.
The district will also make opportunities available for students eligible for special education to participate with non-disabled students in the district’s art, music, industrial arts, computer, consumer classes, and Career and Technical Education classes.
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Data-based judgments in IEP development;
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Judgments (data-based) in determining LRE;
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The reasonable probability of the placement option(s) assisting the student to attain annual goals and objectives and the quality of services needed; and
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The consideration of potentially harmful effects upon the student or on the quality of services needed.
The district is required to spend a proportionate amount of federal special education Part B and Section 619 funds to provide special education and related services to private school students. In order to determine which students will receive services, what services will be provided, how and where the services will be provided, and how services provided will be evaluated, the district will consult with appropriate representatives and parents of private school students. The district will make the final decision with respect to services to be provided to eligible private school students. The special education office will notify each approved nonprofit private school or preschool operating in the district seeking recommendations of persons to serve as representatives of special education private school students in consultations with the district. An initial meeting will be called by the district to establish a work plan and schedule with the private school representatives and representatives of private school parents to discuss how to identify students, the amount of proportionate share, how the proportionate share was calculated, which students will receive services, what services will be provided, how and where services will be provided, and how services will be evaluated.
The director of special education is responsible for private school involvement and service plan development. A private school student has no individual entitlement to any service or amount of service (s)he would have received if enrolled in a public school to receive FAPE. However, for each private school student receiving special education or related services, the district will initiate and conduct meetings to develop, review, and revise a services plan describing the special education and related services that the district will provide. The services plan must: (1) meet IEP content requirements as appropriate; and (2) be developed, reviewed, implemented, and revised annually consistent with the requirements for IEP review. The district will make every effort to include a representative from the private school at each meeting. If the private school representative is not able to attend, the district will use other methods, including individual or conference telephone calls, to assure the representative’s participation.
Private school students may receive a different amount of services than students in public schools who receive special education. However, the special education services provided to eligible private school students will be provided by personnel meeting the same standards as personnel providing the services in the district.
Services to students in private schools including private sectarian schools may be provided on-site. District personnel may be made available to private schools only to the extent necessary to provide the services required, if those services are not normally provided by the private school. Services will not include payment of private school teachers’ or other employees’ salaries, except for services performed outside regular private school hours and under public supervision and control.
B. Consent
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Conducting an initial evaluation;
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Providing initial special education and related services to a student; and
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Conducting a reevaluation if the reevaluation includes administration of additional assessments.
Informed consent means that the parent or adult student:
- Has been fully informed of all information that is relevant to the activity for which the district is asking consent, and that the information is provided in his or her native language or other mode of communication;
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Understands and agrees in writing to the activity for which consent is sought and the consent describes the activity and lists any records which will be released and to whom; and
- Understands that the granting of consent is voluntary and may be revoked at any time. If consent is revoked, the revocation does not negate an action that has occurred after the consent was given and before the consent was revoked.
If the district is unable to obtain a parent’s consent, the district may use mediation procedures to obtain a parent’s consent or request a due process hearing asking the administrative law judge to override the parent’s refusal to consent to an evaluation or reevaluation. The district may not request a due process hearing to override a parent’s refusal to consent to initial special education services. The district may not use mediation or due process procedures to override a parent’s refusal to consent to an evaluation or reevaluation if the student is homeschooled or enrolled in a private school.
Upon receipt of the parent’s written notice of revocation, the director of special education will provide prior written notice within a reasonable time before the district stops providing services. The notice will include information about the effect of revocation and will inform the parent of the date the district will stop providing special education and related services.
The district will provide prior written notice to the parent whenever the district proposes or refuses to initiate or change the identification, evaluation, educational placement, or provision of a FAPE to the student.
The prior written notice will include:
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A statement that the parents have procedural safeguard protections and if a copy of the procedural safeguards do not accompany the notice, a statement that describes how a copy of the statement of procedural safeguards may be obtained;
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A description of the action proposed or refused by the district;
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An explanation of why the district proposes or refuses to take the action and a description of other options that the district considered and the reasons why the options were rejected;
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A description of any other factors which are relevant to the district’s proposal or refusal;
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A description of each evaluation procedure, test, record, or report the district used as a basis for the proposal or refusal; and
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A description of any evaluation procedures the district proposes to conduct and sources for parents to contact for assistance in understanding the procedural safeguards provision of this chapter.
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Arranging for an interpreter if English is not the native language of the parent or if the parent has a hearing impairment; or
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Providing notice orally if the written language is not a native language.
E. Transfer of Educational Rights to an Adult Student
At an IEP meeting occurring one year before the student turns 18, the district will inform the parents and the student that educational rights will transfer to the student and the district will inform the student about those educational rights. This information will be documented on the IEP.
A student over the age of eighteen is presumed to be capable of making educational decisions and able to provide informed consent unless he or she is determined to be “incapacitated” through a legal guardianship proceeding. If a parent, another interested party, or the district believes that a student over the age of eighteen is unable to provide informed consent or to make educational decisions, and the student does not have a legal guardian, the parent or other interested party may ask the district to appoint an educational representative. This determination will only be made if two separate professionals, as defined by WAC 392-172A-05135(5)(a), state that they conducted an examination and interviewed the student, and concluded the student is incapable of providing informed consent. The district will inform the student of the decision and appoint either, the spouse, the student’s parents, another adult, or a surrogate educational representative to represent the student. The appointment of the educational representative will continue for one year.
The student or other adult may challenge the certification at any time. If a challenge occurs, the district will not rely on the education representative, until the representative is recertified.
Confidentiality and Records Management
The district will provide instruction annually to employees collecting or using personally identifiable information on the procedures to protect the confidentiality of personally identifiable information. The training will address the protections outlined in WAC 392-172A, state law and federal regulations implementing the Family Educational Rights and Privacy Act, FERPA, (34 CFR Part 99).
Upon request, the parent(s) of a special education student or adult student will be afforded an opportunity to inspect, review, and challenge all educational records, which will include, but not be limited to, the identification, evaluation, delivery of educational services and provision of FAPE to the student. The district will comply with the request promptly and before any meeting regarding an IEP or hearing relating to the identification, evaluation, educational placement of the student, or provision of FAPE to the student, including disciplinary proceedings. In any case, the district will respond no more than 45-calendar days after the date the district received the request. If an educational record includes information on more than one student, the parents (and/or adult student) may inspect and review only information relating to their child. School personnel receiving requests for educational records will immediately forward the request to the director of special education.
If parents believe that information in an education record is inaccurate or misleading or violates the privacy or rights of the student, they may request that the district amend the information. Policy and Procedure 3231, Student Records, describes the process and timelines for challenges and hearings regarding student records.
The district follows the guidelines for records retention outlined in the Secretary of State’s, General Records Retention Schedule and Records Management Manual. The district will 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 will be destroyed at the request of the parent(s) or adult student, or will be provided to the parent or adult student upon their request. 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 will be maintained without time limitation.
Records management is also governed by Policy and Procedure 4040, Public Access to District Records.
The special education department is responsible for determining the need for appointment of a surrogate parent.
Natural or adoptive parents, foster parents, persons acting in the place of a parent such as stepparents or relatives, and persons with legal custody or guardianship are considered parents. Students who are homeless and not living with a parent may need a surrogate parent.
The following is guidance for the district to follow to assist in determining the status of the parent’s rights to make educational decisions:
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In cases where the student is in and out of home care the district must determine the legal custodial status of the child;
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Parents who have voluntarily placed their child in state placement still retain legal custody of the child and retain the right to make educational decisions. In this situation the student is not a ward of the state;
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Parents whose children are placed in group care, pending a determination of “dependency” may still retain rights to make educational decisions unless otherwise ordered by the court;
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When a disposition order and order of dependency is issued, the state becomes the legal as well as physical custodian of the child. Parents may no longer have the right to make educational decisions during this stage of dependency; and
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Parents whose parental rights are terminated no longer have the right to make educational decisions on behalf their child.
When a student is placed in foster care the foster parent may act as the parent. When a student is placed in group care, the district will work with the parents, case-worker(s), foster parents, and others who have knowledge of the student’s legal status in order to determine the need for appointment of a surrogate.
When selecting a surrogate parent, the district will select a person willing to participate in making decisions regarding the student’s educational program, including participation in the identification, evaluation, placement of, and provisions of FAPE to the student.
If a student is referred for special education or a student eligible for special education who may require a surrogate parent transfers into the district, the district special education office will be notified of the potential need. The special education office will then select a trained individual who can adequately represent the student to ensure that all student rights are observed.
The person selected as a surrogate:
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Must have no interest that conflicts with the interests of the student he or she represents;
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Must have knowledge and skills that assure adequate representation of the student; and
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May not be an employee of a school district and/or other agency which is involved in the education or care of the student. This includes OSPI, Department of Children, Youth, and Families, district employees, and group care providers.
The primary participants are the parents, school district representatives, and mediator. The process is voluntary, confidential, and informal. It is a collaborative process, conducted in a nonadversarial manner. Mediation services will be provided by the Office of Superintendent of Public Instruction (OSPI) at no cost to either party.
The district’s special education director is responsible for coordinating requests for mediation. If a parent requests mediation, notify the director and the director will respond to the parent and coordinate with OSPI’s contracted agent. Staff members are reminded that discussions that occur during the mediation process are confidential.
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Establish a meeting time convenient to the parents; and
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Identify a disinterested party from Washington PAVE, the ESD, or other state agency who will meet with the parents and district staff.
If any staff receives a request for a due process hearing, a copy of the request should be immediately forwarded to the special education department. If the parent has not filed the request for hearing with the Washington State Office of Administrative Hearings (OAH), the district will forward the parent's request to OAH. The district may not delay or deny a parent’s due process hearing request. Parents are entitled to a copy of the notice of procedural safeguards if this is the first due process hearing in a school year. The district special education director is responsible for providing the parents a copy of the procedural safeguards in this situation, and documenting that the safeguards were provided to the parent.
When parents file a request for a due process hearing, the special education director will immediately schedule a resolution meeting. The meeting must occur within 15 days after a parent files a due process request with the district and provides a copy of the request to OAH, or, within seven days if the hearing request involves an expedited hearing regarding discipline. The special education director will determine the appropriate district staff that will attend the resolution meeting. The district will ensure that one of the district representatives attending the resolution meeting has authority to bind the district in any resolution agreement. The district will not bring district counsel to a resolution meeting unless the parent is bringing an attorney to the meeting.
Any resolution agreement reached will be documented in writing and is binding on the parties. The document will inform the parent of their right to void the agreement within three business days of signing the agreement.
Discipline
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Removed from his or her current placement for more than ten consecutive school days in a school year; or
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Subjected to a series of removals in a school year that constitute a pattern of removal because: 1) the series of removals total more than ten school days in a year; 2) the student behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals; and 3) because of factors such as the length of each removal, the total amount of time a student is removed, and the proximity of the removals to one another.
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If the conduct was caused by or had a direct and substantial relationship to the child’s disability; or
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If the conduct in question was the direct result of the district’s failure to implement the student’s IEP.
The district will take immediate action to remedy the deficiencies, and will:
- Conduct a functional behavioral assessment (unless already completed) and implement a behavioral intervention plan if one is not already in place; or
- Review the existing behavioral intervention plan and modify it to address the behavior; and
- Return the child to the placement from which he or she was removed from unless the parents and the district agree a change is necessary as part of the behavioral intervention plan, or unless the infraction involves drugs, weapons, or serious bodily injury.
E. Special Circumstances
Possesses a “dangerous weapon” or carries such a weapon to school or to a school function;
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Knowingly possesses or uses “illegal drugs” while at school or a school function;
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Sells or solicits the sale of a “controlled substance” while at school or a school function; or
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Inflicts serious bodily injury upon another person while at school or a school function. Serious bodily injury means a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
- Be selected so as to enable the student to participate in the general curriculum, although in another setting and to progress toward meeting the goals set out in the student’s IEP; and
- Include services and modifications designed to address the behavior or to prevent the behavior from recurring.
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The district believes that maintaining the student’s current placement is substantially likely to result in injury to the student or others. If the student’s IEP team believes that the student may not be maintained in his or her current placement, the IEP team should work with the district’s special education director.
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Unless the parent and the district agree otherwise, if a parent requests a hearing to challenge either the manifestation determination or the interim alternative educational setting, the student must remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the 45-day period, whichever occurs first.
F. Basis of Knowledge
The district is deemed to have knowledge if:
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The parent expressed concern in writing (or orally if the parent does not know how to write or has a disability the prevents a written statement) to district supervisory or administrative personnel or a teacher that the student is in need of special education and related services;
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The parent requested that the student be evaluated for special education services; or
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The teacher or other school personnel has expressed specific concern about a pattern of behavior demonstrated by the student to the director of the special education department or to other supervisory staff.
The district is not deemed to have knowledge if, as a result of receiving the information described above, the district either:
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Conducted a special education evaluation of the student and determined that the student was not eligible for services; or
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The parent of the student has not allowed an evaluation of the child or has refused services.
If the district is not deemed to have knowledge that a student is a student eligible for special education services, the student may be disciplined as a student without disabilities who engages in comparable behaviors. The district will conduct an evaluation, which is requested during the time period such a student is subjected to disciplinary measures, in an expedited manner. Until the evaluation is completed, such a student will remain in the educational placement determined by the district, which depending upon the behavior can include suspension or expulsion.
All employees will hold such credentials, certificates, or permits as are now or hereafter required by the PESB for the particular position of employment and will meet such supplemental standards established by the district.
Special education and related services must be provided by appropriately qualified staff. Other staff including general education teachers and paraeducators may assist in the provision of special education and related services, provided that the instruction is designed and supervised by special education certificated staff (or early childhood special education certificated staff, deaf education certificated staff, deaf education with American Sign Language proficiency certificated staff, teacher of the visually impaired certificated staff), or for related services by a certificated educational staff associate. Student progress must be monitored and evaluated by special education certificated staff or for related services, a certificated educational staff associate.
In the event a special education teacher does not have a certificate endorsed in special education (or early childhood special education endorsement, deaf education endorsement, deaf education with American Sign Language proficiency endorsement, teacher of the visually impaired endorsement), a district may apply for a pre-endorsement waiver through the special education section of the OSPI. To qualify for the special education pre-endorsement waiver, the teacher must meet PESB criteria outlined in WAC 181-82-110.
If the district must temporarily assign a classroom teacher without a special education endorsement (or early childhood special education endorsement, deaf education endorsement, deaf education with American Sign Language proficiency endorsement, teacher of the visually impaired endorsement) to a special education position, the district’s human resources department will document in writing that:
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The district is unable to recruit a teacher with the proper endorsement who was qualified for the position;
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The need for a teacher with such an endorsement could not have been reasonably anticipated and the recruitment of such a classroom teacher at the time of assignment was not reasonably practical; and/or
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The reassignment of another teacher within the district would be unreasonably disruptive to the current assignments of other classroom teachers or would have an adverse effect on the educational program of the students assigned to the other teacher.
Classified staff will present evidence of skills and knowledge necessary to meet the needs of students with disabilities. The district will provide training to classified staff to meet the state recommended core competencies.
Personnel Development
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Training schedules will be developed based upon the results of district assessment and in support of needs identified through surveys, state monitoring, and administrative input;
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Annual training will be provided to all special education staff before the start of each school year;
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Training activities will be conducted for both general education and special education staff, in collaboration with the teaching and learning services department. A schedule will be developed each year;
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Special education staff will meet on a regular basis with the special education department staff for technical assistance in the areas of evaluation, IEP development, and the delivery of instruction;
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All personnel who use restraint, restraint devices and/or isolation must be certified and annually trained in the use of such restraint, restraint devices and/or isolation; and
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Training for classified staff in the state recommended core competencies will occur through the district trainings during early release days, professional development days, and other professional development opportunities.