BOX ELDER SCHOOL DISTRICT
SPECIAL EDUCATION
PROCEDURES
Dr. Ronald Tolman, Superintendent of Schools
Kim Lynch, Director of Special Education
December 2014
This Policy and Procedures Manual ensures the implementation of special education services in Box Elder School District. It is to be used in coordination with the Utah State Board of Education Special Education Rules – August 2007. It is further to be used in coordination with the Utah State Office of Education Specific Learning Disabilities, Least Restrictive Behavioral Interventions, Caseload, and Graduation Guidelines
Box Elder School District Board of Education
Special Education Procedures
Table of Contents
I. General Provisions. 6
I.A. Purposes. (§300.1) 6
I.B. Applicability (§300.2) 6
I.C. Definitions. (§300.4-300.45) 7
II. Identification, Location and Evaluation. 20
II.A. Child Find System. (§300.109 and §300.111) 20
II.B. Referral. 21
II.C. Parental Consent for Evaluation. (§300.300) 21
II.D. Initial Evaluation. (§300.301) 22
II.E. Screening For Instructional Purposes. (§300.302) 23
II.F. Evaluation Procedures. (§300.304) 23
II.G. Reevaluation Procedures. (§300.303) 25
II.H. Additional Requirements for Initial Evaluations and Reevaluation Procedures. (§300.305) 26
II.I. Determination of Eligibility. (§300.306) 28
II.J. Categorical Definitions, Criteria, and Assessments. (§300.8) 29
III. IEP Development and Service Delivery. 53
III.A. Individualized Education Program (IEP). 53
III.B. When IEPS Must Be in Effect. (§300.323) 53
III.C. Transfer Students. (§300.323) 54
III.D. LEA Responsibility For IEP Meetings. 55
III.E. IEP Team Membership. (§300.321) 55
III.F. IEP Team Attendance. (§300.321) 56
III.G. Parent Participation. (§300.322) 57
III.H. Notice of Meeting. (§300.322) 58
III.I. Development, Review, and Revision of the IEP. (§300.324) 58
III.J. Definition of the Individualized Education Program (IEP). (§300.320) 61
III.K. IEP and Services For Preschool Students Ages 3 Through 5. 64
III.L. Physical Education. (§300.108) 64
III.M. Assistive Technology. (§300.105) 65
III.N. Extended School Year (ESY) Services. (§300.106) 65
III.O. Least Restrictive Environment (LRE). (§300.114) 66
III.P. Continuum of Alternative Placements. (§300.115) 66
III.Q. Placements. (§300.116) 67
III.R. Parental Involvement in Placement Decisions. (§300.327 & §300.501) 67
III.S. Parental Consent for Services. (§300.300) 68
III.T. Nonacademic Settings. (§300.117) 69
III.U. Nonacademic Services. (§300.107) 69
IV. Procedural Safeguards: Due Process Procedures for Parents and Students (Subpart E). 69
IV.A. Parental Opportunity to Examine Records and Participate in Meetings. (§300.501) 69
IV.B. Parent Participation in Meetings. (§300.501) 69
IV.C. Independent Educational Evaluation. (§300.502) 70
IV.D. Written Prior Notice. (§300.503) 71
IV.E. Procedural Safeguards Notice. (§300.504) 72
IV.F. Parental Consent. (§300.300) 74
IV.G. State Complaint Procedures. (§300.151-153) 76
IV.H. Mediation. (§300.506) 79
IV.I. Filing a Due Process Complaint. (§300.507) 80
IV.J. Due Process Complaint. (§300.508) 81
IV.K. Model Forms. (§300.509) 82
IV.L. Resolution Process. (§300.510) 83
IV.M. Impartial Due Process Hearing. (§300.511) 84
IV.N. Hearing Rights. (§300.512) 85
IV.O. Hearing Decisions. (§300.513) 86
IV.P. Finality of Decision. (§300.514) 86
IV.Q. State Enforcement Mechanisms. (§300.537) 87
IV.R. Timelines and Convenience of Hearings. (§300.515) 87
IV.S. Civil Action. (§300.516) 87
IV.T. Attorneys’ Fees. (§300.517) 88
IV.U. Student’s Status During Proceedings. (§300.518) 89
IV.V. Surrogate Parents. (§300.519) 90
IV.W. Transfer of Parental Rights At Age of Majority. (§300.520) 91
IV.X. Confidentiality. (§300.610) 91
V. Discipline Procedures. (§300.530) 98
V.A. Discipline Procedures for Students with Disabilities. 98
V.B. Authority of School Personnel. 98
V.C. Services. 98
V.D. Change of Placement Due to Disciplinary Removals. (§300.536) 99
V.E. Manifestation Determination. (§300.530) 100
V.F. Procedural Safeguards Notice. 101
V.G. Determination of Setting. (§300.531) 101
V.H. Appeals By Parent or LEA. (§300.532) 102
V.I. Placement During Appeals. (§300.533) 103
V.J. Protections for Students Not Determined Eligible for Special Education and Related Services. (§300.534) 103
V.K. Referral To and Action By Law Enforcement and Judicial Authorities. (§300.535) 104
VI. Students With Disabilities in Other Settings. 105
VI.A. Private School Placements by Box Elder School District. (§300.325) 105
VI.B. Students with Disabilities Enrolled By Their Parents In Private Schools When FAPE Is Not At Issue (Unilateral Placement). (§300.130) 106
VI.C. Students With Disabilities Enrolled by Their Parents in Private Schools When FAPE is at Issue. (§300.148) 115
VI.D. Students with Disabilities Enrolled in Home School. 116
VI.E. Applicability of Part B of the IDEA To Local Agencies. (§300.2) 117
VI.F. Students with Disabilities Convicted as Adults and Incarcerated in Adult Prisons. (§300.324) 118
VII. Transitions. 118
VII.A. Transition From Part C to Part B of the IDEA. 118
VII.B. Transition Services—School To Post-School. 119
VII.C. Graduation. 123
VII.D. USOE Use of Part B Funds. (§300.704) 123
VIII. Responsibilities of the Utah State Office of Education. 124
IX. Box Elder School District Eligibility and Responsibilities. 124
IX.A. Box Elder School District Eligibility For Idea-B Funds. (§300.200-300.224) 124
IX.B. Use of Part B Funds by Box Elder School District. 126
IX.C. Early Intervening Services.(§300.226) 130
IX.D. Personnel Development. (§300.207) 131
IX.E. Provision of FAPE. (§300.101) 131
IX.F Routine Checking of Hearing Aids and External Components of Surgically Implanted Medical Devices. (§300.113) 131
IX.G. Educator License requirements. 131
IX.H. Purchase of Instructional materials in Accessible Formats. (§300.210) 132
X. Funding. 133
Box Elder School District Board of Education
Special Education Procedures
I. General Provisions.
I.A. Purposes. (§300.1)
The primary purposes of these procedures, consistent with Utah State Board Of Education Special Education Rules, and the Individuals with Disabilities Education Improvement Act (IDEA), Public Law 108-446, as amended, are:
1. To ensure that all students with disabilities, ages 3 through 21, in Box Elder School District, including students with disabilities who have been suspended or expelled from school (§300.101(a)) and students who have not graduated from high school with a regular high school diploma (§300.302(a)(3)(iii)), have available to them a free appropriate public education (FAPE) that emphasizes special education and related services, as specified on an Individualized Education Program (IEP), designed to meet their unique needs and prepare them for further education, employment, and independent living;
2. To ensure that the rights of students with disabilities and their parents are protected;
3. To ensure that District standards are established for the provision of a free appropriate public education to students with disabilities, as defined in the Utah State Board of Education Special Education Rules;
4. To assess and ensure the effectiveness of efforts to educate students with disabilities; and
5. To provide a system for district reimbursement for disabilities program costs authorized under the Utah school finance law.
I.B. Applicability (§300.2)
1. These procedures are applicable to all public agencies within Box Elder School District that are involved in the education of students with disabilities.
2. These procedures are binding on each public agency in Box Elder School District that provides special education and related services for students with disabilities, regardless of whether that agency is receiving funds under Part B. This includes private agencies serving students with disabilities using public funds.
3. Box Elder School District ensures that a free appropriate public education (FAPE) is available to any individual student with a disability, ages 3 through 21, who need special education and related services, including students with disabilities who have been suspended or expelled from school and students who are advancing from grade to grade (§300.101(c)).
4. Box Elder School District is responsible for ensuring that the rights and protections under these procedures are given to students with disabilities referred to or placed in private schools and facilities by that public agency, or placed in private schools by their parents, when FAPE is at issue.
I.C. Definitions. (§300.4-300.45)
The terms defined below are found throughout these procedures.
1. Adaptive behavior. The effectiveness or degree to which the individual meets the standards of personal independence and social responsibility expected of students of comparable age and cultural group.
2. Assistive technology device. 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 student with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such a device.
3. Assistive technology service. Any service that directly assists a student with a disability in the selection, acquisition, or use of an assistive technology device.
The term includes:
a. Evaluating the needs of a student with a disability, including a functional evaluation of the student in the student’s customary environment.
b. Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by students with disabilities.
c. Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices.
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 student with a disability or, if appropriate, that student’s family.
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 students with disabilities.
4. Behavioral Intervention Plan (BIP) A written plan for changing a student’s behavior, including target behavior, strategies for teaching replacement behavior, reinforcers, and a schedule for review of intervention effectiveness data.
5. Career and Technical Education (CTE). (Formerly applied technology education.) Organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career requiring certification or licensure other than a baccalaureate or advanced degree.
6. 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.
c. The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time. 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).
7. Core academic subjects. Core academic subjects means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography.
8. 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.
c. School day means any day, including a partial day, that students are in attendance at school for instructional purposes. The term school day has the same meaning for all students in school, including students with and without disabilities.
9. Elementary school. A nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law.
10. Equipment. Machinery, utilities, built-in equipment, and any necessary enclosures or structures to house the machinery, utilities or equipment; and 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.
11. Evaluation. Procedures used in accordance with these procedures to determine whether a student has a disability under the IDEA, and the nature and extent of the special education and related services that the student needs.
12. Extended school year services. Special education and related services that:
a. Are provided to a student with a disability:
(1) Beyond the normal school year of the LEA;
(2) In accordance with the student’s IEP;
(3) At no cost to the parents of the student, and
b. Meet the standards of the Utah State Office of Education (USOE).
13. Federal administrative responsibilities. Any administrative responsibility or obligation established or imposed under Part B of the Individuals with Disabilities Education Act (20 USC 1401 et. seq.) and its implementing regulations (34 CFR 300) or under the General Education Provisions Act or its implementing regulations (34 CFR 76).
14. Free appropriate public education (FAPE). Special education and related services that:
a. Are provided at public expense, under public supervision and direction, and without charge;
b. Meet the standards of the USOE and Part B of the IDEA;
c. Include preschool, elementary school, and secondary school education in Box Elder School District; and
d. Are provided in conformity with an Individualized Education Program (IEP) that meets the requirements of Part B of the IDEA and these procedures.
15. Functional behavioral assessment (FUBA). A systematic process of identifying problem behaviors and the events that (a) reliably predict occurrence and nonoccurrence of those behaviors, and (b) maintain the behaviors across time. FUBA should produce three main results:
a. Hypothesis statements that have:
(1) Operational definitions of the problem behavior,
(2) Descriptions of the antecedent events that reliably predict occurrence and non-occurrence, and
(3) Descriptions of the consequent events that maintain the behavior;
b. Direct observation data supporting these hypotheses; and
c. A behavioral support and intervention plan.
16. General curriculum. The same curriculum as that provided for nondisabled students (the Utah Core Curriculum and Box Elder School District Standards and Benchmarks).
17. Highly qualified special education teachers. Teachers who meet the highly qualified standards as described in the Utah State Board of Education NCLB (ESEA) approved plan. (See Utah State Board of Education Administrative Rules.)
18. Homeless student. (Section 725 of the McKinney-Vento Act). The term homeless children and youth means individuals who lack a fixed, regular, and adequate nighttime residence. The term includes:
a. Children and youth who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; are abandoned in hospitals; or are awaiting foster care placement;