State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 State Board Policy 7219

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 State Board Policy 7219"

Transcription

1 "Quality education for every child...every child a reader" State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 State Board Policy 7219 Effective July 20, 2009 Central High School Building Phone (601) Fax (601)

2 Notice of Non-Discrimination The Mississippi State Board of Education, the Mississippi Department of Education (MDE), the Mississippi School of the Arts, the Mississippi School for the Blind, the Mississippi School for the Deaf, and the Mississippi School for Mathematics and Science do not discriminate on the basis of race, color, religion, national origin, sex, age, or disability in the provision of educational programs and services or employment opportunities and benefits. The following office has been designated to handle inquiries and complaints regarding the non-discrimination policies of the above-mentioned entities. Director, Office of Human Resources Mississippi Department of Education 359 North West Street Suite 359 Jackson, Mississippi (601) Effective 07/20/2009 i

3 Foreword The MDE relied on the IDEA regulations at 34 C.F.R. sections (a) and (b) for guidance in the formulation of these policies. Under this federal mandate, each state shall 1. Ensure that any State rules, regulations and policies relating to IDEA conform to the requirements of the federal statute and regulations; 2. Identify in writing to local educational agencies (LEAs) located in the State and the Secretary of Education any such rule, regulation, or policy as a State-imposed requirement that is not required by the federal statute and regulations; and 3. Minimize the number of rules, regulations, and policies to which the LEAs and schools located in the State are subject under the federal statute and regulations. This federal mandate also requires that State rules, regulations, and policies support and facilitate LEA and school-level system improvement designed to enable children with disabilities to meet the challenging State student achievement standards. These policies include references to federal statutes, federal regulations, and State statutes that serve as the source of the requirements. Notes: Any Mississippi specific deviations from Federal Regulations are denoted in Bold Blue Italics. Omitted sections do not apply to LEAs. Reserved sections are reserved by the United States Department of Education, Office of Special Education Programs (USDE/OSEP). Effective 07/20/2009 ii

4 History In December 2004, the Individuals with Disabilities Education Act (IDEA 2004) was reauthorized. During 2005 and 2006, the Mississippi Department of Education (MDE), Office of Special Education (OSE), engaged a broadly representative stakeholder group to review IDEA 2004 and recommend revised State policies and procedures for implementation. Approximately 50 members were selected, including parents of children with disabilities, superintendents, principals, special education directors, special education teachers, regular education teachers, representatives from various disability advocacy groups, representatives from institutions of higher education programs, representatives from other State agencies, and the court appointed Mattie T. Consultants. The charge issued to the stakeholder group was to recommend to the MDE/OSE redesigned special education policies and procedures that were clear and concise and that would assist local school districts in being compliant with IDEA 2004 and the Modified Mattie T. Consent Decree. Members met throughout the fall of 2005 and the spring of 2006 to examine the federal statute, proposed federal regulations, policy language from other States and to engage in extensive discussion in the process of crafting their recommendations. Effective 07/20/2009 iii

5 A draft document was presented to the State Board of Education (SBE) in April 2006, and proposed policies were released to begin the public comment period under the Administrative Procedures Act (APA) process as required by IDEA and State law. Public hearings were conducted on a regional basis to offer maximum opportunities for local stakeholders to provide input. Action on the draft policies was postponed awaiting final federal regulations from the United States Department of Education, Office of Special Education Programs (USDE/OSEP). Consequently, on July 21, 2006, the SBE adopted Policy Number 7219, which states that school districts are required to follow IDEA In August 2006, OSEP released the final IDEA 2004 regulations, which became effective on October 13, The OSE was directed to begin reordering and renumbering the proposed policies to closely follow the federal regulations, and the SBE approved a contract for a technical writer to assist in this process. During October and November 2006, additional meetings were scheduled with a stakeholder group. In March 2007, OSE staff began an internal vetting process to review all stakeholder input and revise the State policies to closely mirror the content of the federal regulations. During 2007 and 2008, significant time was spent on the internal review and editing process, which included continuous legal review and consultation with OSEP. In August 2008, OSEP issued additional final regulations, which became effective on December 31, The revised policy document was finalized in February 2009, and three separate stakeholder user groups, including special education directors, local Effective 07/20/2009 iv

6 superintendents, parents of children with disabilities and parent advocate representatives, reviewed the final draft of the proposed document. The draft policies were submitted to the SBE on March 19, 2009, for review and discussion. A request to begin the APA process for 60 days of public review and comment was approved at the April 2009 board meeting. During the 60-day public comment period, four regional public hearings were held across the State as required by IDEA 2004 and public comment was obtained. In addition, public comments were accepted during the two Special Education Advisory Panel meetings held during the public comment period. All comments, written and oral, were considered. The policies were approved by the State Board of Education on June 19, The final APA process was followed and the State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 are effective as of July 20, Effective 07/20/2009 v

7 TABLE OF CONTENTS SUBPART A GENERAL Purposes Applicability to State and local agencies Act Assistive technology device Assistive technology service Charter school Child with a disability Consent Core academic subjects Day; business day; school day Educational service agency Elementary school Equipment Evaluation Excess costs Free appropriate public education Highly qualified special education teachers Homeless children Include Indian and Indian tribe Individualized education program (IEP) Individualized education program committee Individualized family service plan (IFSP) Infant or toddler with a disability Effective 07/20/2009 vi

8 Institution of higher education Limited English proficient (LEP) Local educational agency (LEA) Native language Parent Parent training and information center Personally identifiable Public agency Related services Scientifically based research Secondary school Services plan Secretary Special education State State educational agency Supplementary aids and services Transition services Universal design Ward of the State SUBPART B STATE ELIGIBILITY Free appropriate public education (FAPE) Limitation - exception to FAPE for certain ages FAPE methods and payments Residential placement Assistive technology Extended school year services (ESY) Effective 07/20/2009 vii

9 Nonacademic services Physical education Full educational opportunity goal (FEOG) Program options Child Find Individualized education programs (IEP) Routine checking of hearing aids and external components of surgically implanted medical devices LRE requirements Continuum of alternative placements Placements Nonacademic settings Children in public or private institutions Technical assistance and training activities Monitoring activities Procedural safeguards Evaluation Confidentiality of personally identifiable information Transition of children from the IDEA Part C Program to Part B preschool programs (Reserved) State responsibility regarding children in private schools Definition of parentally-placed private school children with disabilities Child Find for parentally-placed private school children with disabilities Provision of services for parentally-placed private school children with disabilities basic requirements Expenditures Consultation Written affirmation Compliance Effective 07/20/2009 viii

10 Equitable services determined Equitable services provided Location of services and transportation Due process complaints and State complaints Requirement that funds not benefit a private school Use of personnel Separate classes prohibited Property, equipment, and supplies Applicability of through Responsibility of Public Agencies Implementation by MDE Placement of children by parents when FAPE is at issue SEA responsibility for general supervision SEA implementation of procedural safeguards Adoption of State complaint procedures Minimum State complaint procedures Filing a complaint Methods of ensuring services Hearings relating to LEA eligibility Personnel qualifications Performance goals and indicators Supplementation of State, local, and other federal funds Maintenance of State financial support Waiver of requirement regarding supplementing and not supplanting with Part B funds Public participation Rule of construction State Advisory Panel Membership Effective 07/20/2009 ix

11 Duties Suspension and expulsion rates Annual description of use of IDEA Part B funds Access to instructional materials Overidentification and disproportionality Prohibition on mandatory medication The MDE as provider of FAPE or direct services Exception for prior State plans State s sovereign immunity and positive efforts to employ and advance qualified individuals with disabilities (Omitted) Assistance under other federal programs State administration SUBPART C LOCAL EDUCATIONAL AGENCY ELIGIBILITY Condition of assistance Consistency with State policies Use of amounts Maintenance of effort Exception to maintenance of effort Adjustment to local fiscal efforts in certain fiscal years Schoolwide programs under Title I of ESEA Personnel development Permissive use of funds Treatment of charter schools and their students Purchase of instructional materials Information for the MDE Public information Records regarding migratory children with disabilities Effective 07/20/2009 x

12 (Reserved) Exception for prior local plans Notification of LEA or State agency in case of ineligibility LEA and State agency compliance Joint establishment of eligibility Requirements for establishing eligibility (Reserved) Early intervening services Direct services by the MDE State agency eligibility Disciplinary information MDE flexibility SUBPART D EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS Parental consent Initial evaluations Screening for instructional purposes is not evaluation Reevaluations Evaluation Procedures Additional requirements for evaluations and reevalutions Determination of eligibility Specific learning disabilities Additional group members Determining the existence of a specific learning disabilities (SLD) Observation Specific documentation for the eligibility determination Definition of individualized education program Effective 07/20/2009 xi

13 IEP committee Parent participation When IEPs must be in effect Development, review, and revision of IEP Private school placements by public agencies (Reserved) Educational placements Alternative means of meeting participation SUBPART E PROCEDURAL SAFEGUARDS Responsibilities of Public Agencies Opportunity to examine records; parent participation in meetings Independent educational evaluation Prior notice by the public agency, content of notice Procedural safeguards notice Electronic mail Mediation Filing a due process complaint Due process complaint Model form Resolution process Impartial due process hearing Hearing rights Hearing decisions Finality of decision; appeal; impartial review Timelines and convenience of hearings and reviews Civil action Attorneys fees Effective 07/20/2009 xii

14 Child s status during proceedings Surrogate parents Transfer of parental rights at age of majority (Reserved) Authority of school personnel Determination of setting Appeal Placement during appeals Protections for children not determined eligible for special education and related services Referral to and action by law enforcement and judicial authorities Change of placement because of disciplinary removals (Omitted) (Reserved)..224 SUBPART F MONITORING, ENFORCEMENT, CONFIDENTIALITY, AND PROGRAM INFORMATION State monitoring and enforcement State performance plans and data collection State use of targets and reporting (Omitted) (Omitted) (Omitted) Public Attention (Omitted) State enforcement (Omitted) (Omitted) Definitions Effective 07/20/2009 xiii

15 Notice to parents Access rights Record of access Records on more than one child List of types and locations of information Fees Amendments of records at parent s request Opportunity for a hearing Result of hearing Hearing procedures Consent Safeguards Destruction of information Children s rights Enforcement (Reserved) Annual report of children served report requirement Annual report of children served information required in the report Data reporting Annual report of children served certification Annual report of children served criteria for counting children Annual report of children served other responsibilities of the MDE Disproportionality SUBPART G AUTHORIZATION, ALLOTMENT, USE OF FUNDS, AND AUTHORIZATION OF APPROPRIATIONS (Omitted) (Omitted) (Omitted) Effective 07/20/2009 xiv

16 (Omitted) State-level activities Subgrants to LEAs (Reserved) (Omitted) SUBPART H PRESCHOOL GRANTS FOR CHILDREN WITH DISABILITIES In general (Reserved) Definition of State Eligibility (Reserved) Eligibility for financial assistance Allocations to States Increase in funds Limitations Decrease in funds (Reserved) Reservation for State activities State Administration Other State-level activities Subgrants to LEAs Allocations to LEAs Reallocation of LEA funds Part of IDEA inapplicable SPECIAL EDUCATION ELIGIBILITY DETERMINATION GUIDELINES..270 REFERENCE GUIDE Effective 07/20/2009 xv

17 SUBPART A GENERAL Purposes and Applicability Section Purposes The purposes of these policies are (a) To ensure that all children with disabilities have available to them a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living; (b) To ensure that the rights of children with disabilities and their parents are protected; (c) To assist localities and educational service agencies in providing for the education of all children with disabilities; and (d) To assess and ensure the effectiveness of efforts to educate children with disabilities Applicability to State and local agencies (a) States. These policies apply to the State of Mississippi and all public agencies as recipients of payments under Part B of IDEA. (b) Public agencies within the State of Mississippi. The provisions of these policies Effective 07/20/2009 1

18 (1) Apply to all political subdivisions of the State of Mississippi that are involved in the education of children with disabilities, including (i) The Mississippi Department of Education (MDE). (ii) Local educational agencies (LEAs), educational state agencies, and public charter schools that are not otherwise included as LEAs or educational state agencies and are not a school of an LEA or educational state agency. (iii) Other State agencies and schools (such as Departments of Mental Health and Welfare and State schools for children with deafness or children with blindness). (iv) State and local juvenile and adult correctional facilities and regional juvenile detention centers; and (2) Are binding on each public agency in Mississippi that provides special education and related services to children with disabilities, regardless of whether that agency is receiving funds under Part B of IDEA. (c) Private schools and facilities. Each public agency in Mississippi is responsible for ensuring that the rights and protections under Part B of IDEA are given to children with disabilities (1) Referred to or placed in private schools and facilities by that public agency; or (2) Placed in private schools by their parents under the provisions of (Placement of Children by Parents when FAPE is at Issue). Effective 07/20/2009 2

19 Definitions Section Act Act means the Individuals with Disabilities Education Act (IDEA), as amended Assistive technology device Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device Assistive technology service Assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes (a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child s customary environment; (b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities; (c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; Effective 07/20/2009 3

20 (d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; (e) Training or technical assistance for a child with a disability or, if appropriate, that child s family; and (f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of that child Charter school Charter school has the meaning given the term in section 5210(1) of the Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C et seq. (ESEA). See Reference Guide Child with a disability (a) General. (1) Child with a disability means a child evaluated as having mental retardation, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (also referred to as an emotional disability), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf- Effective 07/20/2009 4

21 blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services. (2) (i) If it is determined, through an appropriate evaluation, that a child has one of the disabilities identified above, but only needs a related service and not special education, the child is not a child with a disability as defined in (ii) If, consistent with (a)(2), the related service required by the child is considered special education rather than a related service under State standards (see (a)(1)&(2)), the child would be determined to be a child with a disability as defined in Note: Miss. Code Ann mandates free appropriate public educational services and equipment for exceptional children in the age range of three (3) through twenty (20) for whom the regular school programs are not adequate. (b) Children aged birth through nine (9) experiencing developmental delays. Child with a disability for children aged birth through nine (9) includes a child (1) Who is experiencing developmental delays, as defined herein and as measured by appropriate diagnostic instruments and procedures, in two (2) or more of the following areas: physical development, cognitive development, communication development, social/emotional/behavioral development, or adaptive development; and (2) Who, by reason thereof, needs special education and related services. Effective 07/20/2009 5

22 (3) Children included in the definition of Developmentally Delayed either have (i) Established delays in two (2) or more of the following areas (A) Cognitive The ability to think, which includes processes such as reasoning, problem solving, inferring, conceptualizing, classifying, symbolizing, imagery and memory; and/or (B) Fine and/or gross motor Motor skills requiring the control of small, coordinated movements or motor skills used for body control such as standing, walking and climbing; and/or (C) Language The ability to acquire, use and comprehend symbols utilized in communication; and/or (D) Social behavior The ability to build or maintain ageappropriate interpersonal relationships; and/or (E) Adaptive behavior the effectiveness with which the individual meets the standards of personal independence and social responsibility expected of his age; or (ii) A diagnosed disorder of known etiology which will affect development in a negative fashion and has a high probability of resulting in a developmental delay. (4) Mississippi has determined that DD applies to the age range birth through nine (9) years. A new determination must occur before the child s tenth (10 th ) birthday. Effective 07/20/2009 6

23 (c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows (1) (i) Autism (AU) (also commonly referred to as Autism Spectrum Disorder) means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three (3), that adversely affects a child s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual response to sensory experiences. Included in the Autism category are the Pervasive Developmental Disorders, including Autistic Disorder, Asperger Disorder, Pervasive Developmental Disorder-Not Otherwise Specified, Rett s Disorder, and Childhood Disintegrative Disorder. (ii) Autism does not apply if a child s educational performance is adversely affected primarily because the child has an emotional disability as defined in 300.8(c)(4). (iii) A child who manifests the characteristics of autism after age three (3) could be identified as having autism if the criteria in the definition of autism described above are satisfied. (2) Deaf-blindness (DB) means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that Effective 07/20/2009 7

24 they cannot be accommodated in special education programs solely for children with deafness or children with blindness. (3) Deafness (HI) means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing with or without amplification that adversely affects a child s educational performance. (4) (i) Emotional disability (EmD) (also referred to as serious emotional disturbance) means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree, that adversely affects a child s educational performance (A) An inability to learn that cannot be explained by intellectual, sensory, or health factors. (B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers. (C) Inappropriate types of behavior or feelings under normal circumstances. (D) A general pervasive mood of unhappiness or depression. (E) A tendency to develop physical symptoms or fears associated with personal or school problems. (ii) Emotional disability includes schizophrenia. The term does not refer to children who are socially maladjusted, unless it is determined that they have an emotional disability under 300.8(c)(4)(i). Effective 07/20/2009 8

25 (5) Hearing impairment (HI) means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child s educational performance but that is not included under the definition of deafness as set forth above. (6) Mental retardation (MR) (also referred to as Intellectual Disability by some entities) means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period that adversely affects a child s educational performance. (7) Multiple disabilities (MD) means concomitant impairments (such as mental retardation-blindness or mental retardation-orthopedic impairment), the combination of which causes such severe educational needs that the student cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities does not include Deaf-Blindness, Specific Learning Disability, Developmental Delay, or Language or Speech Impairment. (8) Orthopedic impairment (OI) means a severe orthopedic impairment that adversely affects a child s educational performance. The term includes impairments caused by a congenital anomaly (e.g., clubfoot or absence of one or more members), impairments caused by disease (e.g., poliomyelitis or bone tuberculosis), and impairments resulting from other causes (e.g., cerebral palsy, amputations, and fractures or burns causing contractures). Effective 07/20/2009 9

26 (9) Other health impairment (OHI) means having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that (i) Is due to chronic or acute health problems such as asthma, attention deficit disorder (ADD) or attention deficit hyperactivity disorder (ADHD), diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette Syndrome; and (ii) Adversely affects a child s educational performance. (10) Specific learning disability (SLD) (i) General. Specific learning disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. (ii) Disorders not included. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disability or of environmental or cultural differences, or economic disadvantage. Effective 07/20/

27 (11) Speech or language impairment (LS) means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child s educational performance. (12) Traumatic brain injury (TBI) means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child s educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma. (13) Visual impairment (VI) including blindness means an impairment in vision that, even with correction, adversely affects a child s educational performance. The term includes both partial sight and blindness. Effective 07/20/

28 300.9 Consent Consent means that (a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication; (b) The parent understands and agrees in writing to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and (c) (1) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime. (2) If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked). (3) If the parent revokes consent in writing for their child s receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the child s education records to remove any references to the child s receipt of special education and related services because of the revocation of consent. Effective 07/20/

29 Core academic subjects Core academic subjects means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography Day; business day; school day (a) Day means calendar day unless otherwise indicated as business day or school day. (b) Business day means Monday through Friday, except for federal and State holidays (unless holidays are specifically included in the designation of business day, as in (d)(1)(ii)). (c) School Day (1) School day means any day, including a partial day that children are in attendance at school for instructional purposes. (2) School day has the same meaning for all children in school, including children with and without disabilities Educational service agency Educational service agency means (a) A regional public multiservice agency (1) Authorized by Mississippi law to develop, manage, and provide services or programs to LEAs; Effective 07/20/

30 (2) Recognized as an administrative agency for purposes of the provision of special education and related services provided within public elementary schools and secondary schools of Mississippi; (b) Includes any other public institution or agency having administrative control and direction over a public elementary school or secondary school; and (c) Includes entities that meet the definition of intermediate educational unit in 602(23) of IDEA as in effect prior to June 4, Elementary school Elementary school means a nonprofit institutional day or residential school, including a public elementary charter school that provides elementary education, as determined under Mississippi law Equipment Equipment means (a) Machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house the machinery, utilities, or equipment; and (b) All other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture; printed, published and audio-visual instructional materials; telecommunications, sensory, and other technological aids and devices; and books, periodicals, documents, and other related materials. Effective 07/20/

31 Evaluation Evaluation means procedures used in accordance with federal or State regulations to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs. (See definition of evaluation in through ) Excess costs Excess costs means those costs that are in excess of the average annual per-student expenditure in an LEA during the preceding school year for an elementary school or secondary school student, as may be appropriate, and that must be computed after deducting (a) Amounts received (1) Under Part B of IDEA; (2) Under Part A of Title I of the ESEA; and (3) Under Parts A and B of Title III of the ESEA and; (b) Any State or local funds expended for programs that would qualify for assistance under any of the parts described in paragraph (a) above, but excluding any amounts for capital outlay or debt service. (See Appendix A to part 34 CFR for an example of how excess costs must be calculated.) Free appropriate public education Free appropriate public education or FAPE means special education and related services that Effective 07/20/

32 (a) Are provided at public expense, under public supervision and direction, and without charge; (b) Meet the standards of the MDE and the requirements of the IDEA 2004 regulations; (c) Include an appropriate preschool, elementary school, or secondary school education in Mississippi; and (d) Are provided in conformity with an individualized education program (IEP) that meets the requirements of through Highly qualified special education teachers (a) Requirements for special education teachers teaching core academic subjects. For any public elementary or secondary school special education teacher teaching core academic subjects, the term highly qualified has the meaning given the term in section 9101 of the ESEA and 34 CFR , except that the requirements for highly qualified also (1) Include the requirements described in paragraph (b) below; and (2) Include the option for teachers to meet the requirements of section 9101 of the ESEA by meeting the requirements of paragraphs (c) and (d) below; (b) Requirements for special education teachers in general. (1) When used with respect to any public elementary school or secondary school special education teacher teaching in Mississippi, highly qualified requires that Effective 07/20/

33 (i) The teacher has obtained full State certification as a special education teacher (including certification obtained through alternative routes to certification), or passed the State special education teacher licensing examination, and holds a license to teach in Mississippi as a special education teacher, except that when used with respect to any teacher teaching in a public charter school, highly qualified means that the teacher meets the requirements set forth in Mississippi's public charter school law; (ii) The teacher has not had special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and (iii) The teacher holds at least a bachelor's degree. (2) A teacher will be considered to meet the standard in paragraph (b)(1)(i) above if that teacher is participating in an alternative route to special education certification program under which (i) The teacher (A) Receives high-quality professional development that is sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction, before and while teaching; (B) Participates in a program of intensive supervision that consists of structured guidance and regular ongoing support for teachers or a teacher mentoring program; Effective 07/20/

34 (C) Assumes functions as a teacher only for a specified period of time not to exceed three (3) years; and (D) Demonstrates satisfactory progress toward full certification as prescribed by the State Board of Education (SBE); and (ii) The State ensures, through its certification and licensure process, that the provisions in paragraph (b)(2)(i) above are met. (3) Any public elementary school or secondary school special education teacher teaching in Mississippi, who is not teaching a core academic subject, is highly qualified if the teacher meets the requirements in paragraph (b)(1) or the requirements in (b)(1)(iii) and (b)(2) above. (c) Requirements for special education teachers teaching to alternate achievement standards. When used with respect to a special education teacher who teaches core academic subjects exclusively to children who are assessed against alternate achievement standards established under 34 CFR section 200.1(d), highly qualified means the teacher, whether new or not new to the profession, may either (1) Meet the applicable requirements of section 9101 of the ESEA and 34 CFR section for any elementary, middle, or secondary school teacher who is new or not new to the profession; or (2) Meet the requirements of subparagraph (B) or (C) of section 9101(23) of the ESEA as applied to an elementary school teacher, or, in the case of instruction above the elementary level, meet the requirements of paragraph (B) or (C) of section 9101(23) of the ESEA as applied to an Effective 07/20/

35 elementary school teacher and have subject matter knowledge appropriate to the level of instruction being provided and needed to effectively teach to those standards, as determined by the SBE. (d) Requirements for special education teachers teaching multiple subjects. When used with respect to a special education teacher who teaches two (2) or more core academic subjects exclusively to children with disabilities, highly qualified means that the teacher may either (1) Meet the applicable requirements of section 9101 of the ESEA and 34 CFR section (b) or (c); (2) In the case of a teacher who is not new to the profession, demonstrate competence in all the core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary school teacher who is not new to the profession under 34 CFR section (c) which may include a single, high objective uniform State standard of evaluation covering multiple subjects; or (3) In the case of a new special education teacher who teaches multiple subjects and who is highly qualified in mathematics, language arts, or science, demonstrate, not later than two (2) years after the date of employment, demonstrate competence in the other core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary school teacher under 34 CFR (c). (e) (Omitted) Effective 07/20/

36 (f) Rule of construction. Notwithstanding any other individual right of action that a parent or student may maintain, nothing in this part shall be construed to create a right of action on behalf of an individual student or class of students for the failure of a particular public agency employee to be highly qualified, or to prevent a parent from filing a complaint under through about staff qualifications with the MDE. (g) Applicability of definition to ESEA; and clarification of new special education teacher. (1) A teacher who is highly qualified under this section is considered highly qualified for purposes of the ESEA. (2) A new special education teacher who teaches multiple subjects, and who is highly qualified in mathematics, language, arts, or science, must demonstrate, not later than two (2) years after the date of employment, competence in the other core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary school teacher. A fully certified general education teacher who subsequently becomes fully certified or licensed as a special education teacher is a new special education teacher when first hired as a special education teacher. (h) Private school teachers not covered. The requirements in this section do not apply to teachers hired by private elementary schools and secondary schools including private school teachers hired or contracted by LEAs to provide equitable services to parentally-placed private school children Effective 07/20/

37 with disabilities under Homeless children Homeless children has the meaning given the term homeless children and youths in section 725 (42 U.S.C a) of the McKinney-Vento Homeless Assistance Act, as amended, 42 U.S.C et seq. See Reference Guide Include Include means that the items named are not all of the possible items that are covered, whether like or unlike the ones named Indian and Indian tribe (a) (b) Indian means an individual who is a member of an Indian tribe. Indian tribe means any federal or State Indian tribe, band, rancheria, pueblo, colony, or community, including any Alaska Native village or regional village corporation (as defined in or established under the Alaska Native Claims Settlement Act, 43 U.S.C et seq.). (c) Nothing in this definition is intended to indicate that the Secretary of the Interior is required to provide services or funding to a State Indian tribe that is not listed in the Federal Register list of Indian entities recognized as eligible to receive services from the United States, published pursuant to Section 104 of the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a 1. Effective 07/20/

38 Individualized education program (IEP) Individualized education program or IEP means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with through Individualized education program committee Individualized education program committee or IEP committee means a group of individuals described in that is responsible for developing, reviewing, or revising an IEP for a child with a disability Individualized family service plan (IFSP) Individualized family service plan or IFSP has the meaning given the term in section 636 of IDEA Infant or toddler with a disability The term infant or toddler with a disability (a) Means a child under three (3) years of age who needs early intervention services because the child (1) Is experiencing developmental delays, as measured by appropriate diagnostic instruments and procedures in one (1) or more of the areas of cognitive development, physical development, communication Effective 07/20/

39 development, social or emotional development, and adaptive development; or (2) Has a diagnosed physical or mental condition that has a high probability of resulting in developmental delay Institution of higher education Institution of higher education means an educational institution in any State that (a) Has the meaning given the term in section 101 of the Higher Education Act of 1965, as amended, 20 U.S.C et seq. (HEA); and (b) Also includes any community college receiving funds from the Secretary of the Interior under the Tribally Controlled Community College or University Assistance Act of 1978, 25 U.S.C. 1801, et seq Limited English proficient (LEP) Limited English proficient has the meaning given the term in section 9101(25) of the ESEA. See Reference Guide Local educational agency (LEA) (a) General. Local educational agency or LEA means a public board of education or other public authority legally constituted within Mississippi for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of the State, or for a Effective 07/20/

40 combination of school districts or counties as are recognized in the State as an administrative agency for its public elementary schools or secondary schools. (b) Educational service agencies and other public institutions or agencies. The term includes (1) An educational service agency as defined in ; and (2) Any other public institution or agency having administrative control and direction of a public elementary school or secondary school, including a public nonprofit charter school that is established as an LEA under State law. (c) Bureau of Indian Affairs (BIA) funded schools. BIA funded schools include an elementary school or secondary school funded by the BIA, and not subject to the jurisdiction of any SEA other than the BIA, but only to the extent that the inclusion makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the LEA receiving assistance under IDEA with the smallest student population Native language (a) Native language, when used with respect to an individual who is limited English proficient, means the following Effective 07/20/

41 (1) The language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child, except as provided in paragraph (a)(2) below. (2) In all direct contact with a child (including evaluation of the child), the language normally used by the child in the home or learning environment. (b) For an individual with deafness or blindness, or for an individual with no written language, the mode of communication is that normally used by the individual (such as sign language, Braille, or oral communication) Parent (a) Parent means (1) A biological or adoptive parent of a child; (2) A foster parent, unless State law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent; (3) A guardian generally authorized to act as the child s parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the State); (4) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child s welfare; or Effective 07/20/

Chapter 4: Eligibility Categories

Chapter 4: Eligibility Categories 23 Chapter 4: Eligibility Categories In this chapter you will: learn the different special education categories 24 IDEA lists different disability categories under which children may be eligible for services.

More information

State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004

State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 "Quality education for every child...every child a reader" State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 State Board Policy

More information

3030. Eligibility Criteria.

3030. Eligibility Criteria. 3030. Eligibility Criteria. 5 CA ADC 3030BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Barclays Official California Code of Regulations Currentness Title 5. Education Division 1. California Department

More information

APPENDIX A GLOSSARY OF TERMS AND ABBREVIATIONS

APPENDIX A GLOSSARY OF TERMS AND ABBREVIATIONS APPENDIX A GLOSSARY OF TERMS AND ABBREVIATIONS GLOSSARY OF TERMS AND ABBREVIATIONS Special Education Terms/Legal Terms Annual Goals Educational performance to be achieved by a student within one year.

More information

Comprehensive Special Education Plan. Programs and Services for Students with Disabilities

Comprehensive Special Education Plan. Programs and Services for Students with Disabilities Comprehensive Special Education Plan Programs and Services for Students with Disabilities The Pupil Personnel Services of the Corning-Painted Post Area School District is dedicated to work collaboratively

More information

The Thirteen Special Education Classifications. Part 200 Regulations of the Commissioner of Education, Section 4401(1)

The Thirteen Special Education Classifications. Part 200 Regulations of the Commissioner of Education, Section 4401(1) The Thirteen Special Education Classifications Part 200 Regulations of the Commissioner of Education, Section 4401(1) Student With a Disability: A student as defined in section 4401(1), who has not attained

More information

Rules for the Provision of Special Education

Rules for the Provision of Special Education Special Education... a service, not a place. Rules for the Provision of Special Education Chapter 392-172A WAC Randy I. Dorn State Superintendent of Public Instruction Effective October 25, 2013 This reprint

More information

Ohio Administrative Code Rules 3301-51-01 to 09, 11 and 21. 3301-51-01 Applicability of requirements and definitions.

Ohio Administrative Code Rules 3301-51-01 to 09, 11 and 21. 3301-51-01 Applicability of requirements and definitions. 3301-51-01 Applicability of requirements and definitions. (A) Applicability of requirements The purpose of Chapter 3301-51 of the Administrative Code is to ensure that all children with disabilities residing

More information

43 243.1. Criteria for Entry into Programs of Special Education for Students with Disabilities

43 243.1. Criteria for Entry into Programs of Special Education for Students with Disabilities Document No. STATE BOARD OF EDUCATION CHAPTER 43 Statutory Authority: Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C. 1400 et seq. (2004) 43 243.1. Criteria for Entry into Programs

More information

RHODE ISLAND BOARD OF REGENTS FOR ELEMENTARY AND SECONDARY EDUCATION REGULATIONS GOVERNING THE EDUCATION OF CHILDREN WITH DISABILITIES

RHODE ISLAND BOARD OF REGENTS FOR ELEMENTARY AND SECONDARY EDUCATION REGULATIONS GOVERNING THE EDUCATION OF CHILDREN WITH DISABILITIES RHODE ISLAND BOARD OF REGENTS FOR ELEMENTARY AND SECONDARY EDUCATION REGULATIONS GOVERNING THE EDUCATION OF CHILDREN WITH DISABILITIES Adopted June 3, 2010 Effective July 1, 2010 State of Rhode Island

More information

ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN

ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES 34 C.F.R. PART 300 SUBPART A GENERAL Purposes and Applicability 300.1 Purposes. The purposes of this part are-- (a) To ensure that all

More information

isability Under IDEA oddlers, Under Introduc tion Years of Age Who is Eligible for Ser 1.800.695.0285 (Voice/TT Y) nichcy@fhi360.org http://nichcy.

isability Under IDEA oddlers, Under Introduc tion Years of Age Who is Eligible for Ser 1.800.695.0285 (Voice/TT Y) nichcy@fhi360.org http://nichcy. 1.800.695.0285 (Voice/TT Y) nichcy@fhi360.org http://nichcy.org Categor egories of Disabilit isability Under IDEA Mar arch h 2012 Introduc troduction tion Every year, under the federal law known as the

More information

Special Education Process

Special Education Process Special Education Process Special education is intended to provide services to students who have disabilities, and who, because of those disabilities, need help to make progress in the general education

More information

SPECIAL EDUCATION ELIGIBILITY CRITERIA AND IEP PLANNING GUIDELINES

SPECIAL EDUCATION ELIGIBILITY CRITERIA AND IEP PLANNING GUIDELINES SPECIAL EDUCATION ELIGIBILITY CRITERIA AND IEP PLANNING GUIDELINES CHAPTER 6 INDEX 6.1 PURPOSE AND SCOPE...6 1 6.2 PRIOR TO REFERRAL FOR SPECIAL EDUCATION.. 6 1 6.3 REFFERRAL...6 2 6.4 ASSESMENT.....6

More information

Commonwealth of Pennsylvania Department of Education. Chapter 14 Special Education Services and Programs State Regulations COMPARED TO

Commonwealth of Pennsylvania Department of Education. Chapter 14 Special Education Services and Programs State Regulations COMPARED TO Commonwealth of Pennsylvania Department of Education Chapter 14 Special Education Services and Programs State Regulations COMPARED TO Part 300 Individuals with Disabilities Education Act Federal Regulations

More information

NEW MEXICO PRIMER ON SPECIAL EDUCATION IN CHARTER SCHOOLS: BACKGROUND SECTION

NEW MEXICO PRIMER ON SPECIAL EDUCATION IN CHARTER SCHOOLS: BACKGROUND SECTION NEW MEXICO PRIMER ON SPECIAL EDUCATION IN CHARTER SCHOOLS: BACKGROUND SECTION This section is divided into two parts: a discussion of the legal status of charter schools and their linkage to other local

More information

EDUCATION RELATED EDUCATIONAL INTERVENTION: EVALUATION, EDUCATION AND THE LAW

EDUCATION RELATED EDUCATIONAL INTERVENTION: EVALUATION, EDUCATION AND THE LAW National(Association(of(Pediatric(Nurse(Practitioners,(April(2013 EDUCATION RELATED EDUCATIONAL INTERVENTION: EVALUATION, EDUCATION AND THE LAW Once a pediatric healthcare provider recommends that a child

More information

3000 SPECIAL EDUCATION POLICY

3000 SPECIAL EDUCATION POLICY 3000 SPECIAL EDUCATION POLICY 3000.1 All local education agencies (LEA) in the District of Columbia shall ensure, pursuant to the Individuals with Disabilities Education Act (IDEA), that all children with

More information

GETTING A SPECIAL EDUCATION EVALUATION FOR YOUR CHILD

GETTING A SPECIAL EDUCATION EVALUATION FOR YOUR CHILD Making sure that all of Pennsylvania s children have access to quality public schools GETTING A SPECIAL EDUCATION EVALUATION FOR YOUR CHILD IMPORTANT: ELC's publications are intended to give you a general

More information

Special Education Advocacy for Children in Oregon. Brian V. Baker, Juvenile Rights Project, Inc. & Joel Greenberg, Oregon Advocacy Center, Inc.

Special Education Advocacy for Children in Oregon. Brian V. Baker, Juvenile Rights Project, Inc. & Joel Greenberg, Oregon Advocacy Center, Inc. Special Education Advocacy for Children in Oregon Brian V. Baker, Juvenile Rights Project, Inc. & Joel Greenberg, Oregon Advocacy Center, Inc. Goals Understand eligibility for special education and Section

More information

Michigan Administrative Rules for Special Education (MARSE)

Michigan Administrative Rules for Special Education (MARSE) Michigan Administrative Rules for Special Education (MARSE) Supplemented With Selected MARSE (September 2013) (July 2010) Michigan Department of Education, Office of Special Education Published October

More information

Ohio Operating Standards for the Education of Children with Disabilities

Ohio Operating Standards for the Education of Children with Disabilities Ohio Operating Standards for the Education of Children with Disabilities EFFECTIVE JULY 1, 2014 Table of Contents State-Imposed Rules and Regulations... 2 3301-51-01 Applicability of requirements and definitions...

More information

Advocacy, Special Education Rights & Responsibilities. Presented by Steve Ashman Executive Director, CASA of Stanislaus County

Advocacy, Special Education Rights & Responsibilities. Presented by Steve Ashman Executive Director, CASA of Stanislaus County Advocacy, Special Education Rights & Responsibilities Presented by Steve Ashman Executive Director, CASA of Stanislaus County ADVOCACY Things to Remember DELAY IS THE ENEMY! DOCUMENT! KNOW WHO HOLDS ED

More information

20 U.S.C. 1401 DEFINITIONS

20 U.S.C. 1401 DEFINITIONS 20 U.S.C. 1401 DEFINITIONS Introduction On November 17, 2004, a House-Senate Conference Committee agreed on changes to reauthorize the Individuals with Disabilities Education Act (IDEA). On Friday, November

More information

(2) Adult student - A student with a disability, age 18 or older, to whom rights have transferred under the IDEA 2004 and Georgia Rule.

(2) Adult student - A student with a disability, age 18 or older, to whom rights have transferred under the IDEA 2004 and Georgia Rule. 160-4-7-.21 DEFINITIONS. Code: IDDF (21) (1) Accommodation Changes in instruction that enable children to demonstrate their abilities in the classroom or assessment/test setting. Accommodations are designed

More information

Glossary of Common Terminology used in Special Education Programming

Glossary of Common Terminology used in Special Education Programming Glossary of Common Terminology used in Special Education Programming State Rule: 160-4-7-.21 Definitions Accommodation Changes in instruction that enable children to demonstrate their abilities in the

More information

Compliance Standards for Special Education

Compliance Standards for Special Education s for Special Education Michigan Department of Education Office of Special Education October 2013 State Board of Education John C. Austin, President Casandra E. Ulbrich, Vice President Daniel Varner, Secretary

More information

Catholic Conference of Ohio

Catholic Conference of Ohio Catholic Conference of Ohio Q&A DOCUMENT TO ASSIST PARENTS OF SPECIAL NEEDS CHILDREN AND SERVE AS A RESOURCE FOR CATHOLIC SCHOOLS ENROLLING CHILDREN WITH DISABILITIES 1. What is the Individual Disability

More information

South Dakota Parental Rights and Procedural Safeguards

South Dakota Parental Rights and Procedural Safeguards South Dakota Parental Rights and Procedural Safeguards Special Education Programs Revised July 2011 Prior Written Notice... 1 Definition of Parental Consent... 3 Definition of a Parent... 3 Parental Consent...

More information

New Hampshire Rules for the Education of Children with Disabilities

New Hampshire Rules for the Education of Children with Disabilities New Hampshire Rules for the Education of Children with Disabilities Amended as of December 1, 2010 Amended as of May 15, 2014 GOVERNOR OF NEW HAMPSHIRE John Lynch THE EXECUTIVE COUNCIL DISTRICT 1 DISTRICT

More information

ACHIEVEMENT DIFFERENCES BETWEEN COHORTS OF STUDENTS: Special Education, English as a Second Language, Title One, General Education

ACHIEVEMENT DIFFERENCES BETWEEN COHORTS OF STUDENTS: Special Education, English as a Second Language, Title One, General Education Beginning the Conversation ACHIEVEMENT DIFFERENCES BETWEEN COHORTS OF STUDENTS: Special Education, English as a Second Language, Title One, General Education What is Our Purpose This Evening To begin the

More information

Regulations Governing Special Education Programs

Regulations Governing Special Education Programs Regulations Governing Special Education Programs for Children with Disabilities in Virginia Virginia Department of Education Division of Special Education and Student Services Effective January 25, 2010

More information

EVALUATION AND ELIGIBILITY. Processes and Procedures From Referral to Determination of Eligibility

EVALUATION AND ELIGIBILITY. Processes and Procedures From Referral to Determination of Eligibility AZ-TAS EVALUATION AND ELIGIBILITY Processes and Procedures From Referral to Determination of Eligibility Exceptional Student Services January 2012 Table of Contents Introduction.. 3 Child Find...3 Response

More information

A SHARED PATH TO SUCCESS

A SHARED PATH TO SUCCESS Dennis M. Walcott, Chancellor Michael R. Bloomberg Mayor Dennis M. Walcott Chancellor A SHARED PATH TO SUCCESS A PARENT S GUIDE TO SPECIAL EDUCATION SERVICES FOR SCHOOL-AGE CHILDREN welcome Dear Families,

More information

SUPP. NO. 13-3 SPECIAL EDUCATION SERVICES CH. 290-8-9

SUPP. NO. 13-3 SPECIAL EDUCATION SERVICES CH. 290-8-9 SUPP. NO. 13-3 CH. 290-8-9 RULES OF THE ALABAMA STATE BOARD OF EDUCATION STATE DEPARTMENT OF EDUCATION CHAPTER 290-8-9 TABLE OF CONTENTS 290-8-9-.00 Definitions...489 290-8-9-.01 Child Identification...497

More information

INDIANA STATE BOARD OF EDUCATION SPECIAL EDUCATION RULES TITLE 511 ARTICLE 7 RULES 32-49

INDIANA STATE BOARD OF EDUCATION SPECIAL EDUCATION RULES TITLE 511 ARTICLE 7 RULES 32-49 INDIANA STATE BOARD OF EDUCATION SPECIAL EDUCATION RULES TITLE 511 ARTICLE 7 RULES 32-49 December 2014 Indiana Department of Education Office of Special Education December 2014 This document is an agency

More information

POLICIES GOVERNING SERVICES FOR CHILDREN WITH DISABILITIES

POLICIES GOVERNING SERVICES FOR CHILDREN WITH DISABILITIES POLICIES GOVERNING SERVICES FOR CHILDREN WITH DISABILITIES Amended July 2014 PUBLIC SCHOOLS OF NORTH CAROLINA State Board of Education Department of Public Instruction :: Exceptional Children Division

More information

A Parent s Guide to Special Education in Commack School District

A Parent s Guide to Special Education in Commack School District COMMACK UNION FREE SCHOOL DISTRICT Commack, NY 11725 Pupil Personnel Services A Parent s Guide to Special Education in Commack School District This informational document is meant to clarify some commonly

More information

S P E C I A L E D U C A T I O N. Ventura County Special Education Local Plan Area (SELPA) Mary E. Samples Assistant Superintendent

S P E C I A L E D U C A T I O N. Ventura County Special Education Local Plan Area (SELPA) Mary E. Samples Assistant Superintendent Ventura County Special Education Local Plan Area (SELPA) Mary E. Samples Assistant Superintendent S P E C I A L E D U C A T I O N Fran Arner-Costello Director, Programs and Services farnerco@vcoe.org (805)

More information

Special Education Rights. A Handbook for Maryland Families and Professionals

Special Education Rights. A Handbook for Maryland Families and Professionals Special Education Rights A Handbook for Maryland Families and Professionals i MARYLAND DISABILITY LAW CENTER The Maryland Disability Law Center (MDLC) is a private, non-profit law firm. MDLC is designated

More information

SPECIAL EDUCATION AND RELATED SERVICES

SPECIAL EDUCATION AND RELATED SERVICES i SPECIAL EDUCATION AND RELATED SERVICES Updated May 2008 i It is the policy of the South Dakota Department of Education, Office of Educational Services and Supports to provide services to all persons

More information

Annual Public Notice of Special Education & Early Intervention Services and Programs

Annual Public Notice of Special Education & Early Intervention Services and Programs Annual Public Notice of Special Education & Early Intervention Services and Programs It is the responsibility of the Pennsylvania Department of Education to ensure that all children with disabilities residing

More information

Glossary of Special Education Terminology

Glossary of Special Education Terminology Glossary of Special Education Terminology 1. "A Child with a Disability": A student who has been properly evaluated in accordance with regulations who is found to have a disability which results in the

More information

Side-by-side Comparison of Early Intervention and Preschool Special Education

Side-by-side Comparison of Early Intervention and Preschool Special Education NM Part C Early Intervention Procedures - Appendix A. Side-by-side Comparison of Early Intervention and Preschool Special Education The following is a side-by-side comparison of: Early intervention services

More information

Common Learning Disabilities in the Classroom. 1/20/2011 Lea Howell School Psychologist LCUSD and Foothill SELPA

Common Learning Disabilities in the Classroom. 1/20/2011 Lea Howell School Psychologist LCUSD and Foothill SELPA Common Learning Disabilities in the Classroom 1/20/2011 Lea Howell School Psychologist LCUSD and Foothill SELPA Why might a child be having educational difficulties? Needs Special Education Services -Has

More information

03/02/2012. The Role of the School Nurse in Special Education. Child Find. Verification Process- Identification. Verification Process- Identification

03/02/2012. The Role of the School Nurse in Special Education. Child Find. Verification Process- Identification. Verification Process- Identification TESH: TelehealthEducation for School Health presents: The Role of the School Nurse in Special Education Jill Weatherly Kathy Karsting September 7, 2011 Objectives 1. Discuss the basic right and responsibilities

More information

Special Education Rights

Special Education Rights Special Education Rights A Handbook for Maryland Families and Professionals Maryland Disability Law Center 1500 Union Avenue, Suite 2000 Baltimore, Maryland 21211 Phone: 410.727.6352 TTY: 410.235.5387

More information

RULE 51 EFFECTIVE DATE JULY 15, 2014 (REVISED) NEBRASKA DEPARTMENT OF EDUCATION REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS

RULE 51 EFFECTIVE DATE JULY 15, 2014 (REVISED) NEBRASKA DEPARTMENT OF EDUCATION REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS NEBRASKA DEPARTMENT OF EDUCATION RULE 51 REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS TITLE 92, NEBRASKA ADMINISTRATIVE CODE, EFFECTIVE DATE JULY 15, 2014 (REVISED) State of Nebraska Department

More information

Navigating the Course:

Navigating the Course: Navigating the Course: Finding Your Way Through Indiana s Special Education Rules A companion guide to: ARTICLE 7 September 2009 TABLE OF CONTENTS Table of Contents... 1 Section I: INTRODUCTION... 7 PURPOSE...

More information

Education 290-8-9 STATE BOARD OF EDUCATION STATE DEPARTMENT OF EDUCATION DIVISION OF SPECIAL EDUCATION SERVICES ADMINISTRATIVE CODE

Education 290-8-9 STATE BOARD OF EDUCATION STATE DEPARTMENT OF EDUCATION DIVISION OF SPECIAL EDUCATION SERVICES ADMINISTRATIVE CODE STATE BOARD OF EDUCATION STATE DEPARTMENT OF EDUCATION DIVISION OF SPECIAL EDUCATION SERVICES ADMINISTRATIVE CODE CHAPTER 290-8-9 SPECIAL EDUCATION SERVICES TABLE OF CONTENTS 290-8-9-.00 Definitions 290-8-9-.01

More information

Dennis M. Walcott, Chancellor. Dennis M. Walcott, Chancellor

Dennis M. Walcott, Chancellor. Dennis M. Walcott, Chancellor Dennis M. Walcott, Chancellor Bill de Blasio Carmen Fariña Mayor Chancellor Dennis M. Walcott, Chancellor welcome Dear Families, We ve come a long way since our special education reform initiative, A Shared

More information

INDIVIDUALS WITH DISABILITIES EDUCATION ACT NOTICE OF PROCEDURAL SAFEGUARDS

INDIVIDUALS WITH DISABILITIES EDUCATION ACT NOTICE OF PROCEDURAL SAFEGUARDS INDIVIDUALS WITH DISABILITIES EDUCATION ACT NOTICE OF PROCEDURAL SAFEGUARDS Tennessee Department of Education Division of Special Education Department of Education February 11, 2008; Publication Authorization

More information

Students. With. for. Public. Free. Appropriate. Requirements Under Section 504 of The Rehabilitation Act of 1973

Students. With. for. Public. Free. Appropriate. Requirements Under Section 504 of The Rehabilitation Act of 1973 for Students With Disabilities: Free Appropriate Public Education Requirements Under Section 504 of The Rehabilitation Act of 1973 Free Appropriate Public Education for Students With Disabilities: Requirements

More information

THE INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT

THE INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT THE INDIVIDUALS WITH DISABILITIES EDUCATION IMPROVEMENT ACT OF 2004 Overview, Explanation and Comparison IDEA 2004 v. IDEA 97 by Peter W. D. Wright, Esq. www.wrightslaw.com 1 Table of Contents Section

More information

Parent s Guide to Special Education

Parent s Guide to Special Education Revised 2010 Parent s Guide to Special Education Virginia Department of Education Division of Special Education and Student Services Table of Contents Introduction....3 Understanding Special Education

More information

GUIDING PRACTICES AUGUST 2008

GUIDING PRACTICES AUGUST 2008 GUIDING PRACTICES GUIDING PRACTICES AUGUST 2008 AUGUST 2008 PUBLIC SCHOOLS OF NORTH CAROLINA PUBLIC SCHOOLS OF NORTH CAROLINA State Board of Education Department of Public Instruction :: Exceptional Children

More information

Special Education Program Plan Statement

Special Education Program Plan Statement In effect: January 1, 2001 Updated: November 2011 INTRODUCTION IDEA -2004 The federal special education law, the Individuals with Disabilities Education Act (IDEA), was reauthorized in December of 2004

More information

SUBCHAPTER 3. SPECIAL EDUCATION NEW JERSEY ADMINISTRATIVE CODE TITLE 6A EDUCATION

SUBCHAPTER 3. SPECIAL EDUCATION NEW JERSEY ADMINISTRATIVE CODE TITLE 6A EDUCATION CHAPTER 14 SPECIAL EDUCATION NEW JERSEY ADMINISTRATIVE CODE TITLE 6A EDUCATION CHAPTER 14. AUTHORITY: SPECIAL EDUCATION N.J.S.A. 18A:4-15, 18A:7A-1 et seq., 18A:7B-1 et seq., 18A:7C-1 et seq., 18A:40-4,

More information

200.1 Definitions...1

200.1 Definitions...1 REGULATIONS OF THE COMMISSIONER OF EDUCATION 200.1 Definitions Updated March 2011 The University of the State of New York THE STATE EDUCATION DEPARTMENT Office of P-12 Education Office of Special Education

More information

OREGON ADMINISTRATIVE RULES

OREGON ADMINISTRATIVE RULES OREGON ADMINISTRATIVE RULES for SPECIAL EDUCATION Early Intervention (0-2 Years) Early Childhood Special Education (3-5 Years) School Age (K-21) AUGUST 2013 Oregon Department of Education Office of Student

More information

Annual Public Notice of Special Education Services and Programs for Students with Disabilities

Annual Public Notice of Special Education Services and Programs for Students with Disabilities 1 Annual Public Notice of Special Education Services and Programs for Students with Disabilities Mastery Charter School publishes the following Annual Notice in the school s Parent-Student Handbook and

More information

REGULATIONS OF THE COMMISSIONER OF EDUCATION Pursuant to Sections 207, 3214, 4403, 4404 and 4410 of the Education Law

REGULATIONS OF THE COMMISSIONER OF EDUCATION Pursuant to Sections 207, 3214, 4403, 4404 and 4410 of the Education Law Updated July 2013 The University of the State of New York THE STATE EDUCATION DEPARTMENT Office of P-12 Education Office of Special Education Albany, New York 12234 REGULATIONS OF THE COMMISSIONER OF EDUCATION

More information

N.J.A.C. 6A:14, SPECIAL EDUCATION TABLE OF CONTENTS

N.J.A.C. 6A:14, SPECIAL EDUCATION TABLE OF CONTENTS N.J.A.C. 6A:14, SPECIAL EDUCATION TABLE OF CONTENTS SUBCHAPTER 1. GENERAL PROVISIONS 6A:14-1.1 General requirements 6A:14-1.2 District eligibility for assistance under IDEA Part B 6A:14-1.3 Definitions

More information

Annual Public Notice of Special Education Services and Programs

Annual Public Notice of Special Education Services and Programs Annual Public Notice of Special Education Services and Programs It is the responsibility of the Pennsylvania Department of Education to ensure that all children with disabilities residing in the Commonwealth,

More information

Your Family s Special Education Rights

Your Family s Special Education Rights VIRGINIA DEPARTMENT OF EDUCATION DIVISION OF SPECIAL EDUCATION AND STUDENT SERVICES Your Family s Special Education Rights VIRGINIA PROCEDURAL SAFEGUARDS NOTICE SPECIAL EDUCATION PROCEDURAL SAFEGUARDS

More information

COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF EDUCATION INDIVIDUALS WITH DISABLITIES EDUCATION ACT PART B POLICIES AND PROCEDURES UNDER 34 CFR

COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF EDUCATION INDIVIDUALS WITH DISABLITIES EDUCATION ACT PART B POLICIES AND PROCEDURES UNDER 34 CFR COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF EDUCATION INDIVIDUALS WITH DISABLITIES EDUCATION ACT PART B POLICIES AND PROCEDURES UNDER 34 CFR 300.101--300.176 July 1, 2009 1 PURPOSE A State Education Agency

More information

CHILD FIND POLICY and ANNUAL PUBLIC NOTICE OF SPECIAL EDUCATION STUDENTS AND PROGRAMS FOR STUDENTS WITH DISABILITIES

CHILD FIND POLICY and ANNUAL PUBLIC NOTICE OF SPECIAL EDUCATION STUDENTS AND PROGRAMS FOR STUDENTS WITH DISABILITIES CHILD FIND POLICY and ANNUAL PUBLIC NOTICE OF SPECIAL EDUCATION STUDENTS AND PROGRAMS FOR STUDENTS WITH DISABILITIES It is the policy of YouthBuild Philadelphia Charter School that all students with disabilities,

More information

Surrogate Parents and Special Education Decision-Making for IDEA-Eligible or Thought-to-be-Eligible Children. November 2009

Surrogate Parents and Special Education Decision-Making for IDEA-Eligible or Thought-to-be-Eligible Children. November 2009 Surrogate Parents and Special Education Decision-Making for IDEA-Eligible or Thought-to-be-Eligible Children November 2009 Acknowledgements: A special expression of gratitude to staff in the California

More information

89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential

89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential 89.1115. Memorandum of Understanding Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities. (a) (b) (c) Parties. The state agencies named

More information

PART 226 SPECIAL EDUCATION SUBPART A: GENERAL

PART 226 SPECIAL EDUCATION SUBPART A: GENERAL ISBE 23 ILLINOIS ADMINISTRATIVE CODE 226 TITLE 23: EDUCATION AND CULTURAL RESOURCES : EDUCATION CHAPTER I: STATE BOARD OF EDUCATION : INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS PART 226 SPECIAL EDUCATION

More information

INDIANA STATE BOARD OF EDUCATION SPECIAL EDUCATION RULES TITLE 511 ARTICLE 7 RULES 32-47

INDIANA STATE BOARD OF EDUCATION SPECIAL EDUCATION RULES TITLE 511 ARTICLE 7 RULES 32-47 INDIANA STATE BOARD OF EDUCATION SPECIAL EDUCATION RULES TITLE 511 ARTICLE 7 RULES 32-47 December 2010 Indiana Department of Education Center for Exceptional Learners Office of Special Education December

More information

Child and Family Rights/Procedural Safeguards

Child and Family Rights/Procedural Safeguards Child and Family Rights/Procedural Safeguards First Steps Early Intervention Program Mississippi State Department of Health Revised 03-06-15 Table of Contents Contents Page Number Introduction 3 Section

More information

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES 5051.01 English SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES Chapter 11 Information on Preschool Education Services From a 13-Chapter Manual Available by Chapter and in Manual Form Written by: Community

More information

Special Education Procedural Safeguards

Special Education Procedural Safeguards Special Education Procedural Safeguards Rights for Parents and Children School District of For more information or questions regarding your child s special education services contact: Director of Special

More information

H.R.5. One Hundred Fifth Congress of the United States of America AT THE FIRST SESSION

H.R.5. One Hundred Fifth Congress of the United States of America AT THE FIRST SESSION H.R.5 One Hundred Fifth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Tuesday, the seventh day of January, one thousand nine hundred and ninety-seven

More information

Department of Education

Department of Education Monday, August 14, 2006 Part II Department of Education 34 CFR Parts 300 and 301 Assistance to States for the Education of Children With Disabilities and Preschool Grants for Children With Disabilities;

More information

Kentucky Administrative Regulations

Kentucky Administrative Regulations Kentucky Administrative Regulations Special Education Programs 707 KAR 1:002 707 KAR 1:380 Revised August 26, 2008 For Informational Purposes Only Distributed by: The Division of Exceptional Children Services

More information

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES Chapter 13 Information on Preschool Education Services TABLE OF CONTENTS Question Page 1. What is the federal law that requires preschool education services?...

More information

Categories of Exceptionality and Definitions

Categories of Exceptionality and Definitions 7. CATEGORIES and DEFINITIONS of EXCEPTIONALITIES Purpose of the standard To provide the ministry with details of the categories and definitions of exceptionalities available to the public, including parents

More information

Notice of Special Education Procedural Safeguards for Students and Their Families

Notice of Special Education Procedural Safeguards for Students and Their Families Special Education A service, not a place. Notice of Special Education Procedural Safeguards for Students and Their Families Requirements under Part B of the Individuals with Disabilities Education Act,

More information

Individual Education Program (IEP) A Technical Assistance Guide

Individual Education Program (IEP) A Technical Assistance Guide Individual Education Program (IEP) A Technical Assistance Guide South Dakota Department of Education Special Education Programs 800 Governors Drive Pierre, SD 57501 August 2013 The Individuals with Disabilities

More information

EAST QUOGUE UNION FREE SCHOOL DISTRICT PROGRAMS FOR STUDENTS WITH DISABILITIES UNDER THE IDEA AND NEW YORK EDUCATION LAW ARTICLE 89 Policy 4321

EAST QUOGUE UNION FREE SCHOOL DISTRICT PROGRAMS FOR STUDENTS WITH DISABILITIES UNDER THE IDEA AND NEW YORK EDUCATION LAW ARTICLE 89 Policy 4321 I. General The Board of Education shall make available a free appropriate public education to all students with disabilities who reside within the School District and are eligible for special education

More information

PARENT PLANNER A GUIDE FOR IEP TEAM PARTICIPATION

PARENT PLANNER A GUIDE FOR IEP TEAM PARTICIPATION PARENT PLANNER A GUIDE FOR IEP TEAM PARTICIPATION TABLE OF CONTENTS I Introduction II IEP Initial Evaluation III IEP Program IV IEP Reevaluation V Frequently Asked Questions VI Glossary of Key Terms VII

More information

Part B PROCEDURAL SAFEGUARDS NOTICE

Part B PROCEDURAL SAFEGUARDS NOTICE Part B PROCEDURAL SAFEGUARDS NOTICE New York State Education Department PROCEDURAL SAFEGUARDS NOTICE Rights for Parents of Children with Disabilities, Ages 3-21 As a parent, you are a vital member of the

More information

NC General Statutes - Chapter 115C Article 9 1

NC General Statutes - Chapter 115C Article 9 1 Article 9. Education of Children With Disabilities. Part 1. State Policy. 115C-106: Repealed by Session Laws 2006-69, s. 1, effective from and after July 1, 2006. Part 1A. General Provisions. 115C-106.1.

More information

Part B PROCEDURAL SAFEGUARDS NOTICE

Part B PROCEDURAL SAFEGUARDS NOTICE Part B PROCEDURAL SAFEGUARDS NOTICE New York State Education Department PROCEDURAL SAFEGUARDS NOTICE Rights for Parents of Children with Disabilities, Ages 3-21 As a parent, you are a vital member of the

More information

Special Education Services. Serving Children Supporting Families Encouraging Success

Special Education Services. Serving Children Supporting Families Encouraging Success Special Education Services Serving Children Supporting Families Encouraging Success 1 If you have this brochure in your hand, then you are most likely asking: 1. Does PA Distance Learning Charter School

More information

Technical Assistance Checklist for School Districts IDEA 2004 Requirements (Part B) & Impact on State Law and Regulation

Technical Assistance Checklist for School Districts IDEA 2004 Requirements (Part B) & Impact on State Law and Regulation 20 U.S.C. 1412. STATE ELIGIBILITY. (3) CHILD FIND- (A) IN GENERAL- All children with disabilities residing in the State, including children with disabilities who are homeless children or are wards of the

More information

The Special Education Referral & Identification Process. Menlo Park City School District Source: US Department of Education and

The Special Education Referral & Identification Process. Menlo Park City School District Source: US Department of Education and The Special Education Referral & Identification Process Olivia Mandilk, Director Menlo Park City School District Source: US Department of Education and Protection and Advocacy, Inc. 11/07 Step One Child

More information

PART 226 SPECIAL EDUCATION SUBPART A: GENERAL

PART 226 SPECIAL EDUCATION SUBPART A: GENERAL ISBE 23 ILLINOIS ADMINISTRATIVE CODE 226 TITLE 23: EDUCATION AND CULTURAL RESOURCES : EDUCATION CHAPTER I: STATE BOARD OF EDUCATION : INSTRUCTION FOR SPECIFIC STUDENT POPULATIONS PART 226 SPECIAL EDUCATION

More information

TITLE IX, PART E UNIFORM PROVISIONS SUBPART 1 PRIVATE SCHOOLS. Non-Regulatory Guidance

TITLE IX, PART E UNIFORM PROVISIONS SUBPART 1 PRIVATE SCHOOLS. Non-Regulatory Guidance TITLE IX, PART E UNIFORM PROVISIONS SUBPART 1 PRIVATE SCHOOLS Equitable Services to Eligible Private School Students, Teachers, and Other Educational Personnel Non-Regulatory Guidance Office of Non-Public

More information

Questions and Answers On Highly Qualified Teachers Serving Children With Disabilities

Questions and Answers On Highly Qualified Teachers Serving Children With Disabilities Questions and Answers On Highly Qualified Teachers Serving Children With Disabilities January 2007 The final regulations for the reauthorized Individuals with Disabilities Education Act (IDEA) were published

More information

Procedural Manual Teacher Edition SECTION 1. Special Education Referrals, Eligibility Determination and Continuum of Program Options

Procedural Manual Teacher Edition SECTION 1. Special Education Referrals, Eligibility Determination and Continuum of Program Options Procedural Manual Teacher Edition SECTION 1 Special Education Referrals, Eligibility Determination and Continuum of Program Options 1 CHILD FIND Each District, Local Education Agency (LEA/District of Residence),

More information

FAIRFAX COUNTY PUBLIC SCHOOLS PROCEDURES REQUIRED FOR IMPLEMENTATION OF SPECIAL EDUCATION REGULATIONS IN VIRGINIA S PUBLIC SCHOOLS

FAIRFAX COUNTY PUBLIC SCHOOLS PROCEDURES REQUIRED FOR IMPLEMENTATION OF SPECIAL EDUCATION REGULATIONS IN VIRGINIA S PUBLIC SCHOOLS FAIRFAX COUNTY PUBLIC SCHOOLS PROCEDURES REQUIRED FOR IMPLEMENTATION OF SPECIAL EDUCATION REGULATIONS IN VIRGINIA S PUBLIC SCHOOLS Table of Contents Child Find... 2 Screening... 3 General Screening Procedures...

More information

Chapter 6: Individualized Education Programs (IEPs)

Chapter 6: Individualized Education Programs (IEPs) 33 Chapter 6: Individualized Education Programs (IEPs) In this chapter you will: learn the parts of an IEP learn who is on an IEP team discover tips and things to remember when working on the IEP understand

More information

Mississippi Department of Education Office of Special Education

Mississippi Department of Education Office of Special Education Questions and Answers about State Policies Regarding Children with Disabilities under the Individuals with Disabilities Education Act Amendments of 2004 State Board Policy 7219 (referred to hereafter as

More information

YOUR RIGHTS UNDER THE IDEA Part B Procedural Safeguards Notice 1

YOUR RIGHTS UNDER THE IDEA Part B Procedural Safeguards Notice 1 YOUR RIGHTS UNDER THE IDEA Part B Procedural Safeguards Notice 1 GENERAL INFORMATION PRIOR WRITTEN NOTICE 34 CFR 300.503 Notice Your school district must give you written notice (provide you certain information

More information

SPECIAL EDUCATION IN MASSACHUSETTS

SPECIAL EDUCATION IN MASSACHUSETTS SPECIAL EDUCATION IN MASSACHUSETTS Children's Law Center of Massachusetts 298 Union Street Lynn, MA 01901 (781) 581-1977 *updated February 2013 Introduction.1 When is a student eligible for special education

More information

DEPARTMENT OF EDUCATION SPECIAL EDUCATION PROGRAMS CHECKLIST FOR APPROVAL OF COMPREHENSIVE PLANS FOR SPECIAL EDUCATION AGENCIES

DEPARTMENT OF EDUCATION SPECIAL EDUCATION PROGRAMS CHECKLIST FOR APPROVAL OF COMPREHENSIVE PLANS FOR SPECIAL EDUCATION AGENCIES DEPARTMENT OF EDUCATION SPECIAL EDUCATION PROGRAMS CHECKLIST FOR APPROVAL OF COMPREHENSIVE PLANS FOR SPECIAL EDUCATION AGENCIES AGENCY Children s Home Society TABLE OF CONTENTS February 2011 1 A. GENERAL

More information

on Special Education a publication of the Education Directorate/Student Services Branch 4040 North Fairfax Drive Arlington, VA 22203-1635

on Special Education a publication of the Education Directorate/Student Services Branch 4040 North Fairfax Drive Arlington, VA 22203-1635 Parent Handbook on Special Education a publication of the Education Directorate/Student Services Branch 4040 North Fairfax Drive Arlington, VA 22203-1635 Parent Handbook on Special Education Table of Contents

More information