WASHINGTON STATE SCHOOL FOR THE BLIND
POLICY/PROCEDURE: DATE: March, 2000
UPDATED: November 8, 2000
Revised: March 14, 2002, September 2, 2002
Revised: March 28, 2008
Revised: March 11, 2011, April 11, 2011
Revised: September 17, 2013
Revised: August 20, 2015
Revised: August 28, 2015
SUBJECT: Special Education and Related Services for Eligible Students
Prepared by: Dean O. Stenehjem, Superintendent
Approved by:
Dr. Dean O. Stenehjem, Superintendent
POLICY:
The Washington State School for the Blind (WSSB) recognizes that students whose disabilities adversely impact educational performance and who require specially designed instruction have potential for improving educational performance when they receive special education and related services tailored to fit their needs.
Each eligible special education student in the school will be afforded a full education opportunity. This goal will be met consistent with the state's goals through ensuring the provision of a free appropriate public education in a special school, complying with state and local procedures, and improving student performance as identified in the state’s application for Individuals with Disabilities Education Improvement Act (IDEA) funding.
The school shall comply with state and federal requirements for special education. The superintendent shall develop procedures consistent with state and federal laws and rules to implement the following:
· Free appropriate public education (FAPE)
· Confidentiality of personally identifiable information
· Evaluation, eligibility and re-evaluation
· Participation in assessments
· Development of Individualized Education Program (IEP) and placement
· Participation in regular education, Least Restrictive Environment (LRE)
· Procedural safeguards
· Parent participation
· Staff qualifications and personnel development; and
· Program administration
The superintendent shall develop procedures to implement this policy, as directed by federal regulation (34 CFR 300.220). This policy and procedures shall be consistent with the state's special education regulations and filed with the Office of the Superintendent of Public Instruction (OSPI).
Not all students with disabilities are eligible for special education services at WSSB. The needs of each student will be addressed individually and provided appropriate accommodations or modifications required under § 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Act, and the Washington laws against discrimination.
Mediation or Resolution Agreements
The Board of WSSB serve in an advisory capacity. The superintendent or designee has the authority 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 superintendent shall develop and maintain special education procedures necessary to implement this policy. This policy and the procedures shall be available to the public.
PROCEDURES:
Special Education and Related Services for Eligible Students
The purpose of WSSB’s special education program procedures is to address program areas where state and federal regulations require specific local procedures or permit local discretionary choices.
The state regulations governing implementation of special education services pursuant to the IDEA of 2004 are addressed in Chapter 392-172A WAC. These procedures do not address all of the requirements established in the regulations. District personnel who are not familiar with the regulations need to contact the special education department director if there are questions regarding special education. These procedures describe how the district implements its special education program.
FAPE and Early Intervention: WSSB will apply annually for federal Part B and state special education funding to assist in the provision of special education and any necessary related services. This funding is in addition to WSSB state appropriation from the legislature.
Services to eligible special education students age 3-21 will be provided without charge to the student. This does not include incidental fees that are normally charged to all students. WSSB’s special education services will meet state education standards. Special education services will include preschool, elementary and secondary education and will be provided in conformance with the student’s IEP. WSSB, being a residential school for the blind does not provide Birth-3 services, except through contractual arrangements with LEA's/ESD's.
WSSB provides a continuum of services for students, regardless of the funding source. Where WSSB is unable to provide all or part of the special education or necessary related services, it will make arrangements through contracts with other public or non-public sources, inter-district agreements or interagency coordination.
Students Covered by Public or Private Insurance: WSSB may use Medicaid or other public insurance benefits programs in which a student participates to provide or pay for services required to provide a FAPE, as permitted by the public insurance program. However, WSSB shall not:
· Require parents to sign up for or enroll in public insurance programs in order for their student to receive FAPE under Part B of the IDEA;
· Require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim;
· Use a student’s benefits under a public insurance program if that use would:
o Decrease available lifetime coverage or any other insured benefit;
o Result in the family paying for services required after school hours that would otherwise be covered by the public insurance program;
o Increase premiums or result in discontinuation of insurance; or
o Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures.
WSSB may access a parent’s private insurance proceeds to provide FAPE to an eligible student only if the parent provides informed consent.
Whenever WSSB proposes to access the parent’s private or insurance proceeds, WSSB shall:
· Obtain parent consent in accordance with Chapter 392-172A WAC each time the district wishes to access benefits; and WSSB will:
· Inform the parents that their refusal to permit WSSB to access their insurance does not relieve WSSB of its responsibility to ensure that all required services are provided at no cost to the parents.
Before first accessing a parent’s or student’s public benefits, for the first time and annually after the first notification, the WSSB will provide written notification using the prior written notice provisions under WAC 392-172A-05010(3) that includes:
· a statement of the parental consent provisions;
· a statement of the “no cost” provisions;
· a statement that the parents may withdraw their consent to disclose personally identifiable information to the agency responsible for administering the state’s public benefits or insurance, and
· a statement that a parent’s withdrawal or refusal to consent does not relieve the WSSB of its responsibility to ensure that all required services are provided at no cost to the parents.
After providing the required notification, the WSSB will obtain written informed consent from the parent allowing WSSB to disclose information from the student’s educational records to the agency responsible for administering the state’s public benefits or insurance programs. The consent will specify:
· The personally identifiable information that may be disclosed, such as records or information about the services that may be provided to the student;
· The purpose of the disclosure;
· The agency to which the disclosure will be made; and
· That the parent understands and agrees that the public agency may access the parent’s or student’s public benefits or insurance to apply for services under the act.
To avoid financial cost to parents who would otherwise consent to use private insurance or public benefits if the parent would incur a cost, WSSB may use its Part B funds to pay the cost the parents would incur.
The Director of Education and/or his/her designee is responsible for providing the required notices and requests for consent to parents under this section.
Parent Participation and Meetings
WSSB encourages parental involvement and the exchange of information regarding parents’ children so that WSSB is able to provide appropriate services to its students. As used in these procedures, the term "parent" includes parents, legal guardians, persons acting in the place of a parent, such as relatives and stepparents, persons appointed as surrogate parents, and adult students.
Parents (and as appropriate, students) will be provided the opportunity to participate in any meetings with respect to the identification, evaluation, educational placement and provision of a FAPE.
When a meeting is scheduled for matters other than IEP or placement:
· The parent will be notified that WSSB or the parent may invite others who have knowledge or special expertise of the student; and
· The meetings will be scheduled at a mutually agreeable time and place and arrangements made to use a variety of technology to facilitate meetings.
When a meeting involves an IEP or placement, notification procedures described in the previous paragraph apply.
In addition to the above notice requirements:
· Meetings shall be scheduled at a mutually agreeable time and place;
· Parents will be notified that WSSB or the parent may invite others who have knowledge or special expertise of the student. Invitation of others having knowledge or special expertise is at the discretion of the party making the invitation.
· When the meeting involves transition needs or services, the student will also be invited.
· If another agency is or may be responsible for payment or provision of transition services, an agency representative will be invited. If the agency representative cannot attend the meeting, WSSB personnel shall keep the representative informed of the meeting and obtain agency information that will assist in the service provision.
· WSSB shall provide interpreters or accommodations necessary for a parent’s participation in meetings.
The Director of Education's office is responsible for notification, form use and other arrangements.
If the parent cannot attend the IEP or placement meeting, but wishes to participate, WSSB will arrange for other means to participate. This can include individual or conference phone calls, video or other means of conferencing.
WSSB may proceed with the IEP or placement meeting if WSSB is not able to get the parent to attend. In this case, WSSB will document its attempts to arrange the meeting. This documentation will include records of telephone calls and the results, copies of correspondence sent to the parent, and/or other means used to contact the parent.
A meeting does not include informal or unscheduled conversations involving WSSB personnel; conversations on issues such as teaching methodology, lesson plans, coordination of service provisions; or preparatory activities that WSSB personnel engage in to develop a proposal or a response to a parent proposal to be discussed at a later meeting.
Identification and Referral (CHILDFIND)
Child-find
WSSB is a state-operated program and a secondary service provider to LEAs within the state of Washington. Due to this arrangement, WSSB works with the community and the local district in child find activities in local districts. The purpose of child find is to locate, evaluate and identify children with suspected disabilities in need of special education services including those who are not currently receiving special education and related services at WSSB and who may be eligible for those services.
WSSB does and shall:
1. Provide information to LEAs and ESDs about available WSSB services on campus and through outreach.
2. Work as an active team member with representatives from the Department of Services for the Blind (DSB), OSPI, Washington Instructional Resource Center for the Visually Impaired (WIRC), Washington Sensory Disability Services (WSDS), Washington Talking Book and Braille Library, and WSSB.
3. Assist LEAs as requested with their child find process in regards to blind/visually impaired (BVI) children.
Referral
A student, whether or not enrolled in school, may be referred for a special education evaluation by parents, district
staff, or other persons knowledgeable about the student. When WSSB staff has concerns that a student may have a suspected disability which could result in eligibility for special education services, they will notify the student's LEA psychologist, SLP or building/district administrator. The LEA district’s special services department, psychologist, or SLP will process referrals in compliance with WAC 392-172A-03005, which provides:
Each building principal will designate a person responsible for ensuring that district staff understands the referral process. Referrals are required to be in writing unless the person referring is unable to write. A person who makes a referral orally should be asked to either make the referral in writing or go to the main office of the building for assistance in making the referral. When a referral for evaluation is made at WSSB, the district must act within a 25 school-day timeline to make a decision about whether or not the student will receive an evaluation for eligibility for special education services at the WSSB. All certificated employees will document referrals immediately upon a referral being made to or by them. All other staff receiving a referral from another person shall notify the school psychologist or building administrator/the special education department: (a) records the referral; (b) provides written notice of the referral to the parent; and (c) advises the to collect and review district data and information provided by the parent to determine whether evaluation is warranted. During the referral period the office will collect and review existing information from all sources, including parents. Examples may include:
· Child’s history, including developmental milestones;
· Report cards and progress reports;
· Individual teacher’s or other provider information regarding the child including observations;
· Assessment data;
· Medical information, if provided;
· Other information that may be relevant to assist in determining whether the child should be evaluated.
If the review of data occurs at a meeting, the parent will be invited. The special education department provides written notice to the parents of the decision regarding evaluation, whether or not the parents attend the meeting.