PROGRAMS FOR STUDENTS WITH DISABILITIES

 

It is the policy of the Board of Education to provide a free and appropriate education for students with disabilities, including those who are in need of special education and related services.

General

If any person knows or believes that a student has a disability and is in need of accommodation, that person should contact the school’s principal or district administration immediately.

All complaints regarding discrimination will be resolved in accordance with policy AC. Anyone who has a complaint or suspects discrimination should contact the compliance coordinator identified in policy AC.

The district will notify all parents and students of its obligations under this policy and the law.

Unless the parents of the child have initially consented to the district’s offer to provide special education and related services, the district cannot provide special education services pursuant to the Individuals with Disabilities Education Act (IDEA), and the child will not receive the protections of the IDEA.

The Board of Education prohibits the use of audio, video or other recording devices at meetings held pursuant to the IDEA or Section 504 of the Rehabilitation Act of 1973, as well as other meetings between district employees and parents. Exceptions to this prohibition will be made only when otherwise required by law or under unusual circumstances when such recording is necessary to ensure parental rights guaranteed under Part B of the IDEA. Requests for such exceptions must be made within a reasonable period of time prior to scheduled meetings. This prohibition does not apply to conversations held within view of district security cameras.

Students Who Are Eligible for Special Education Services under the IDEA

The district’s programs and services available to meet the needs of students with disabilities will be in accordance with applicable federal and state laws governing special education services, including the State and Local Plans for the implementation of Part B of the IDEA. However, if the State of Missouri does not receive or accept federal IDEA Part B funds, then nothing in this policy shall be read to require anything, procedurally or substantively, that is not required by the governing law.

Students Placed in Private Schools by Their Parents

The Raymondville R-VII School District will provide special education and related services pursuant to state and federal law to eligible students who are placed in private school by their parents and not enrolled in the district. However, no child with a disability enrolled in a private school by his or her parents has an individual right to receive some or all of the special education and related services the child would receive if enrolled in the district.

Independent Evaluations

An Independent Educational Evaluation (IEE) will be provided as required by the IDEA. Applicable procedures, evaluator criteria and cost guidelines governing the IEE process are available through the district’s special services office. The Board delegates the authority to make changes to these procedures, evaluator criteria and cost guidelines to the superintendent or designee. These items will adhere to rules published in the State and Local Plans for Compliance with Part B of the IDEA.

Extended School Year

Extended school year (ESY) services may be necessary to provide a child with a disability a free and appropriate public education pursuant to law. The extended school year services will be addressed in each student’s Individualized Education Program (IEP). The length, nature and type of ESY services will be determined by the IEP team.

Mediation

The Board of Education authorizes the special education director to legally bind the school district to a mediation agreement developed in accordance with the IDEA and Missouri law. The Board authorizes district staff to contact an attorney for legal advice prior to making any decisions.

Accommodation of Students with Disabilities Including Those Not Eligible for Special Education Services under the IDEA

The district seeks to identify, evaluate and provide free and appropriate educational services in the least restrictive environment to all qualified students with disabilities within the definitions of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). No qualified student with a disability shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any district program, including nonacademic services and extracurricular activities.

Students with disabilities may be eligible for accommodation under this policy even though they are not eligible for services pursuant to the IDEA. The district will initiate a referral if a student requiring accommodation is also believed to be a student with a disability under the IDEA. Implementation of an IEP in accordance with the IDEA satisfies the district’s obligation to provide a free and appropriate education under Section 504.

 

* * * * * * *

 

Note: The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.

 

Adopted: 1-14-08

 

Revised:

 

Cross Refs: AC, Prohibition Against Illegal Discrimination and Harassment

JECC, Assignment of Students to Grade Levels/Classes

JGE, Discipline of Students with Disabilities

JHDA, Surveying, Analyzing or Evaluating Students

JO, Student Records

Legal Refs: §§ 162.670 – .999, RSMo.

Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 – 1487

34 C.F.R. Part 300

The Rehabilitation Act of 1973, Section 504, 29 U.S.C. § 794

34 C.F.R. Part 104

Americans with Disabilities Act, 42 U.S.C. §§ 12101 – 12213

 

Raymondville R-VII School District, Raymondville, Missouri

 

 

© 2005, Missouri School Boards’ Association, Registered in U.S. Copyright Office

For Office Use Only: IGBA-C.1N (5/05)