113.  SPECIAL EDUCATION - Pg.

113.  SPECIAL EDUCATION

1.        Purpose

        Title 22

        Sec. 4.28, 12.1,                  12.4, 14.102,

             14.104

     34 CFR

     Sec. 300.1

,

The district shall offer each student with a disability education programs and services that appropriately meet the student’s needs for educational, instructional, transitional and related services.  A student who requires special education shall receive programs and services according to an individualized education program (IEP).  The IEP shall provide access to the district’s general curriculum and participation in state and local assessments, including supplemental aids and services that permit the student to be educated, to the maximum extent appropriate, with nondisabled peers.  The district shall provide a continuum of placement options to appropriately meet the needs of students with disabilities.

2.        Definitions

      SC 502

        Title 22

        Sec. 14.101

      20 U.S.C.

      Sec. 1401

        34 CFR

        Sec. 300.8

     Pol. 103.1

Students with disabilities – school-aged children within the jurisdiction of the district who have been evaluated and found to have one or more disabilities as defined by law, and who require, because of such disabilities, special education and related services.  School-aged children who have identified disabilities but do not require special education may be entitled to accommodations or services or to enroll in courses of study in the district which serve students with disabilities pursuant to other law or Board policy.

      Title 22

      Sec. 14.131

      34 CFR

      Sec. 300.320-  

              300.324  

      20 U.S.C.

      Sec. 1401

      34 CFR

      Sec. 300.30

3.   Authority

      SC 1372

      Title 22

      Sec. 4.28, 12.1,

             12.41,

             14.101 et seq

      20 U.S.C.

      Sec. 1400 et seq

      29 U.S.C.

      Sec. 794

      42 U.S.C.

      Sec. 12101 et seq

      34 CFR

      Part 300

     Sec. 794  

     42 U.S.C.

     Sec. 12101 et seq

     34 CFR

     Part 300

          Title 22

     Sec. 4.13, 14.104

     Pol. 100

     SC 1372

     Title 22

     Sec. 14.104        

      Title 22

      Sec. 4.13, 14.104

      34 CFR

      Sec. 300.201

              et seq

      SC 1372

      Title 22

      Sec. 14.104

Individualized Education Program (IEP) – the written educational statement for each student with a disability that is developed, reviewed and revised in accordance with federal and state laws and regulations.

Parent/Guardian – for purposes of this policy and Board policies related to special education, parent/guardian shall have the definition of parent in IDEA statute and regulations, which includes a biological or adoptive parent of a child; a foster parent, unless prohibited by state law or regulations; a guardian authorized to act as the child’s parent, in accordance with law or regulations; an individual acting in the place of a parent, including a grandparent or other relative, with whom the child lives or an individual legally responsible for the child’s welfare; or an appointed surrogate parent, in accordance with law and regulations.

The Board directs that all students with disabilities shall be identified, evaluated, and provided with appropriate educational programs and services, in accordance with federal and state laws and regulations.  The district shall establish and implement a system of procedural safeguards and parent/guardian notification as part of its Special Education Plan.

The District’s Special Education Plan shall include procedures for identifying and educating students with disabilities and shall be aligned with the Strategic Plan adopted by the Board.

The Board shall determine the facilities, programs, services and staff that shall be provided by the District for the instruction of students with disabilities, based upon the identified needs of the district’s special education population.

The district shall develop and submit a special education plan to the Department of Education for approval every three (3) years, and shall implement such plan as required by law and regulations.  The district’s special education plan shall include procedures for identifying and educating students with disabilities and describe the elements required by law, regulations and Board policy.  Prior to approval by the Board and submission to the Department of Education, the special education plan shall be made available for public inspection and comment in the district’s administrative offices for a minimum of twenty-eight (28) days.

The district’s special education plan shall comply with the requirements of state and federal laws and regulations, and shall be submitted in accordance with the guidelines and in the form established by the Department of Education.  The district shall establish procedures to ensure the plan is updated and implemented as necessary.

The Board shall determine the facilities, programs, services and staff that shall be provided by the district for the instruction of students with disabilities, based upon the identified needs of the district’s special education population.

        Title 22

        Sec. 14.104

In order to maintain an effective Special Education Plan, the Board may participate in special education programs of Berks County Intermediate Unit No. 14.

4.        Delegation of         Responsibility

The Superintendent or designee is directed to annually recommend to the Board the employment and retention of necessary, qualified staff and provision of required facilities, programs and services to provide for the needs of students with disabilities.

The Superintendent or designee shall develop procedures for evaluating the effectiveness of the district's special education plan and shall periodically report to the Board the criteria and results of such evaluation.

5.        Guidelines

      Title 22

      Sec. 4.28, 14.145

      20 U.S.C.

      Sec. 1414

      34 CFR

      Sec. 300.320-

              300.327

        

Each student with a disability shall be educated pursuant to an IEP which shall provide an appropriate education in the least restrictive environment, in accordance with federal and state regulations.

        Pol. 103, 103.1

     Title 22

     Sec. 14.104

     

      Title 22\

      Sec. 14.121

      34 CFR

      Sec. 300.111

     

The district prohibits discrimination based on disability.  Students with disabilities are entitled to receive services and accommodations which will permit them to participate in district programs, services and activities as required by law.

If the district is identified with significant disproportionality, the special education plan shall include prevention measures for inappropriate over-identification and disproportionate representation by race or ethnicity of children with disabilities.

Fiscal and Program Compliance

The Superintendent or designee shall establish procedures to ensure that the district complies with all federal and state laws and regulations and program requirements for special education-related funding and reimbursement.

The district may coordinate with the Berks County Intermediate Unit #14 to establish procedures, fulfill reporting requirements and participate in applicable programs.

Child Find/Outreach

The Superintendent or designee shall ensure that the district annually conducts awareness and outreach programs and activities designed to reach district residents including parents/guardians of students with disabilities who are enrolled in the district, preschool-aged children, students who attend private schools, homeless children and children who are wards of the state.

The district’s public awareness activities shall include annual publication of a written notice in newspapers and other media notifying residents about child identification activities; available special education services and programs and how to request them; and procedures used to ensure confidentiality of student information.  Written information shall be published in district handbooks and on the district website.  Public awareness activities must include information regarding potential signs of developmental delays and other risk factors that could indicate disabilities.

The Intermediate Unit shall be responsible for conducting child find activities necessary to provide equitable participation services to students with disabilities who are enrolled by their parents/guardians in private schools.

     

      Title 22

      Sec. 14.122

      Pol. 209

      Title 22

      Sec. 15.9

      34 CFR

      Sec. 300.611-

             300.627

      Pol. 113.4

     

Screening

The district shall establish a system of screening, including hearing and vision screenings.  Screenings shall be conducted at reasonable intervals to determine whether all students are performing based on grade-appropriate standards in core academic subjects.

Confidentiality

The district shall maintain a system of safeguards to protect the confidentiality of students’ educational records and personally identifiable information when collecting, storing, disclosing and destroying student records.

District staff shall maintain the confidentiality of student records and personally identifiable information, as required by law, regulations and Board policy.

Recording of Meetings

Except as specifically provided for within this policy, the district prohibits audio, video and electronic recording of meetings between parents/guardians and district teachers, paraprofessionals, program specialists, consultants or administrators.

An attempt to record a meeting by a parent/guardian after a verbal prohibition by district staff shall result in immediate termination of the meeting and may result in ejection from district property and possible prosecution.

The district shall permit audio recording of a meeting when a participant submits, at least five (5) days prior to the meeting, documentation that substantiates:

  1. Participant has a disability that significantly limits his/her ability to

   meaningfully understand or participate in the meeting’s intended decision-

   making and recording is the only feasible means of accommodating the

   limitation.

  1. Individual has a legitimate interest in attending the meeting but for good

  cause is unable to do so, and recording is the only feasible means by which

  s/he can meaningfully understand and participate in the decision-making.

The district may permit videotaping of a meeting when written consent is given by all participants at the meeting.

When an exception to recording a meeting is granted, the district employee responsible for the meeting shall arrange to record the meeting by similar means.  Such recording shall be considered part of the student’s educational record and be subject to relevant law and regulations.

References:

School Code – 24 P.S. Sec. 502, 1371, 1372

State Board of Education Regulations – 22 PA Code Sec. 4.13, 4.28, 12.1, 12.4, 12.41, 14.101 et seq., 15.9

Individuals with Disabilities Education Act – 20 U.S.C. Sec. 1400 et seq.

Section 504 of the Rehabilitation Act – 29 U.S.C. Sec. 794

Americans with Disabilities Act – 42 U.S.C. Sec. 12101 et seq.

Individuals with Disabilities Education Act, Title 34, Code of Federal Regulations – 34 CFR Part 300

Pennsylvania Training and Technical Assistance Network – www.pattan.net

Board Policy – 100, 103, 103.1, 113.1, 113.2, 113.3, 202, 209, 216, 914

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