Policy No. 2161

Instruction

ADOPTED @ OSD February, ‘08

SPECIAL EDUCATION AND RELATED SERVICES FOR ELIGIBLE STUDENTS

The district recognizes that students whose disabilities adversely impact educational performance and who require specially designed instruction can improve their educational performance when they receive special education and related services tailored to fit their needs. The district adopts the state’s full educational opportunity goal to provide students in need of special education services with a free appropriate public education.

Special education programs for students eligible for special education shall be an integral part of the general educational programs of this district, and shall be operated in compliance with federal and state requirements governing special education. The district will provide a continuum of placement options which may include services within and outside the district depending on the student’s needs.

Not all students with disabilities are eligible for special education services. The needs of those students will be addressed individually and if, appropriate, the student will be provided accommodations or modifications required under Section 504 of the Rehabilitation Act in accordance with district policy and procedures.

Mediation or Resolution Agreements

The board authorizes the superintendent or a designee to bind the district to a mediation or resolution agreement.

Certificate of Attendance

In order to participate in commencement exercises, students must have met the minimum criteria for graduation prior to the date of the exercise and otherwise be in good standing with their school through the commencement date. Minimum criteria for participation may be adjusted for students with an IEP whose disabilities have impacted their opportunity to accumulate credits. Each student’s IEP team will determine the student’s graduation plan, including graduation date. IEP students who have attended four years of high school and need additional time to complete IEP goals and/or credits may request participation in commencement exercises. IEP students will receive a certificate of attendance until they complete their credits for graduation.

The district superintendent shall develop and maintain special education procedures necessary to implement this policy. This policy and the procedures shall be available to the public.

(Optional: The district may list the categories discussed in the procedure such as requirements for:  Free appropriate public education (FAPE); Least restrictive environment (LRE); Procedural safeguards (including confidentiality procedures); and students receiving services in private schools.)

Cross References: Board Policy    2162                     Education of Students with Disabilities under Section 504

                                                     3231                     Student Records

                                                     3241                     Classroom Management, Corrective Actions or Punishment

Legal References:         RCW 28A.155                     Special Education

                                    RCW 49.60                          Law against Discrimination

                                    WAC 392-172A                   Rules for the Provision of Special Education

                                    20 U.S.C. 1400 et seq.         Individuals with Disabilities Education Improvement Act of 2004

                                    42 U.S.C. 12131-12133       Americans with Disabilities Act of 1990

                                    28 CFR Part 35                    Nondiscrimination on the Basis of Disability in State and Local Government Services

                                    34 CFR Part 99                    Family Education Rights and Privacy Act (FERPA)

                                    29 U.S.C. 794                      Section 504 of the Rehabilitation Act of 1973, as  amended by the Rehabilitation Act Amendments of 1974, Pub. L. 93‑516, 29 U.S.C. 794

                                    34 CFR Part 104                  Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance

                                    34 CFR Part 300                  Assistance to States for the Education of Children With Disabilities and Preschool Grants for Children With Disabilities

                                    34 CFR Part 303                  Early Intervention Program for Infants and Toddlers with Disabilities

Management Resources:

Policy News, December 1999         Rule Adoption Leads to Special Education Policy

                        Policy News, June 2007                  Graduation Ceremonies for Special Education Students

                        Policy News, December 2007         Updated Special Education Policy and Procedure

Adoption Date:

District Name:

Revised: 02.00; 06.07; 12.07

Classification: Essential February 25, 2008