Policy 801 SPECIAL EDUCATION ...
Policy 801 SPECIAL EDUCATION PROCEDURES School Records A parent may inspect and review any education records relating to his/her children, ages birth to eighteen (18), which are collected, maintained, or used by the school. All rights pass to the child upon reaching the age of eighteen (18). (See Student Records) Evaluation The evaluation of the student to aid in assessing his/her educational needs and the assembly of all relevant data and reports concerning the student shall be conducted in such a manner that recommendations represent the outcome of those involved to the best of their ability. Least Restrictive Environment Least Restrictive Environment is mandated by both federal and state statutes. LRE means that: 1. To the greatest extent possible, students with disabilities are to be educated with nondisabled students; 2. The removal of students with disabilities from the general education setting to special classes occurs only when it is documented that education in general education classes using supplementary aides and services cannot be satisfactorily achieved; and 3. Unless the IEP requires some other arrangements, student with disabilities are education in their neighborhood school. Surrogate Parents The school corporation shall ensure that a pool of educational surrogate parents is available through the North Central Indiana Special Education Cooperative so than an education surrogate parent may be appointed when necessary, to protect the rights of students with disabilities. The pupil needing surrogate parents will be identified by the Director of Special Education. The training of surrogate parents will be provided through the Bremen Special Education office under the direction of the Director of Special Education. The appointment and training of a child’s surrogate parent will take place prior to the initial case conference or the annual case review conference for that child.
Administration of Medication Medication will be administered as provided by policy on Administering Medications to students in the policy handbook. Referral for Individual Educational Evaluation A referral for an individual educational evaluation for a pupil may be initiated by the parents, teachers, administrators, and specialists. In all cases the referral is to be made through the building principal/General Education Intervention Team of the pupil’s school attendance area. A personal interview with the parents is required when a referral is initiated. In the interview with the parents the reasons for the referral being made must be explained clearly, and written on the referral form ―Consent for Individual Educational Evaluation‖. Prior to an individual educational evaluation being conducted, written parental permission must be obtained by the school. Case Conference
The case conference committee will contact all potential participants. The case conference committee is used to develop, review and revise the educational program and services for students with disabilities who are eligible for special education. A ―Case Conference Notice‖ is to be sent to the parent with adequate notice in advance of the case conference committee meeting indicating the date and the time. Annual Case Conference At least once every twelve months, a special education student’s individualized education plan (IEP) must be reviewed and revised by a case conference committee. The ―Annual Case Review Notice‖ must record the date of the notice along with the date and time of the review. If the circumstances do to permit the annual case review notice to be received by mail in adequate time before the annual case review, the notice should have a notation of the time and date of a telephone confirmation of the acceptability of the time and date of the annual case review by all potential participants. Child Find To assure that all handicapped children who need special education services are identified, located, and evaluated, Bremen Public Schools will conduct an ongoing child-find program for all initiatives. Legal Reference: 20 U.S.C. 1415 (6) (1); 34 XPE 300.514; 511 I.A.C. 7-9-1; 20 U.S.C. 1412 (5) (B); 34 CFR 300.227; 300.305-307; 300.550-556, 511 I.A.C. 7-12-2; 20 U.S.C. 1412 (a) (5); 34 CFR Section 300.305; 511 IAC 7-27-9
DISCIPLINE POLICY FOR STUDENTS IDENTIFIED WITH ARTICLE VII DISABILITIES Students with disabilities are subject to the discipline rules adopted by the board of school trustees and, therefore, may be suspended or expelled for any violation(s) of such rules. In accordance with Indiana law, administrators may take the following discipline actions: Suspension According to Article 7, Rule 29, Section 1, suspension is defined as a unilateral, temporary removal of a student from the student’s current placement by the public agency. A short-term removal of a student pursuant to the student’s individual education program is not a suspension. Suspension for part of a day constitutes a full day of suspension. A principal or principal’s designee may suspend a student with a disability from the student’s current placement for: 1. Up to ten (10) consecutive instructional days in a single period of suspension for any violation of the school rules for which a non-disabled student could be suspended, or 2. Additional suspensions of not more than ten (10) consecutive days at a single time in the same school year for separate incidents of misconduct as long as those removals do not constitute a change of placement. The school is not required to provide services to a student with a disability during any of the first ten (10) cumulative instructional days of suspension if services are not provided to a nondisabled student who has been similarly suspended. Expulsion An expulsion is defined as a separation from school attendance or a related service for more than ten (10) consecutive school days. Before a student identified with Article VII disabilities can be expelled from school, the student and the student’s parent must be afforded the opportunity to attend an expulsion meeting before an appointed expulsion examiner. However, prior to any expulsion meeting, the case conference committee must meet to review the student’s behavior and determine whether the behavior is caused by, or is a manifestation of, the student’s disability. If the committee determines there is such a causal relationship between the student’s behavior and the student’s disability, the student may not be expelled. If, however, the committee determines there is no causal relationship between the student’s behavior and the student’s disability, the parent may (1) request the appointment of an independent hearing officer to contest the committee’s determination, (2) request an expulsion meeting, or (3) waive the right to an expulsion meeting. In the event of the expulsion of a student with disabilities as defined above, educational and related services may not cease. The case conference committee shall determine the educational services that will be provided during the expulsion period and where the services will be provided. Expulsion for Possession of a Firearm If a student with disabilities is in possession of a firearm on school property, the principal may suspend the student in accordance with the above provision on suspension or exercise in-school discipline measures or any other discipline actions set forth in the student’s individualized education program. A case conference committee meeting shall be convened as soon as possible to determine an appropriate alternative educational setting for the student. The student may be placed in the alternative educational setting of no more than forty-five (45) calendar days. The parent of the student has the right to initiate a due process
hearing regarding the committee’s determination, but during the 45 days, the student shall remain in the alternative setting. The case conference committee shall also determine whether a causal relationship exists between the student’s behavior and the student’s disability. If there is a causal relationship, the student cannot be expelled. If the case conference committee determines there is no causal relationship, the student may be expelled for a period of at least one calendar year, subject to modification only by the Superintendent. During the expulsion period, the student shall continue to receive educational services as determined by the case conference committee. Legal Reference: 20 U.S.C. 1415; I.C. 20-8.1-5.1; 511 IAC 7-15-1; 511 IAC 7-15-2 * This policy is limited to the discipline of students with disabilities as identified under 511 IAC 7-3 Adopted:
Administration of Medication Medication will be administered as provided by policy on Administering Medications to students in the policy handbook. Referral for Individual Educational Evaluation A referral for an individual educational evaluation for a pupil may be initiated by the parents, teachers, administrators, and specialists. In all cases the referral is to be made through the building principal/General Education Intervention Team of the pupil’s school attendance area. A personal interview with the parents is required when a referral is initiated. In the interview with the parents the reasons for the referral being made must be explained clearly, and written on the referral form ―Consent for Individual Educational Evaluation‖. Prior to an individual educational evaluation being conducted, written parental permission must be obtained by the school. Case Conference
The case conference committee will contact all potential participants. The case conference committee is used to develop, review and revise the educational program and services for students with disabilities who are eligible for special education. A ―Case Conference Notice‖ is to be sent to the parent with adequate notice in advance of the case conference committee meeting indicating the date and the time. Annual Case Conference At least once every twelve months, a special education student’s individualized education plan (IEP) must be reviewed and revised by a case conference committee. The ―Annual Case Review Notice‖ must record the date of the notice along with the date and time of the review. If the circumstances do to permit the annual case review notice to be received by mail in adequate time before the annual case review, the notice should have a notation of the time and date of a telephone confirmation of the acceptability of the time and date of the annual case review by all potential participants. Child Find To assure that all handicapped children who need special education services are identified, located, and evaluated, Bremen Public Schools will conduct an ongoing child-find program for all initiatives. Legal Reference: 20 U.S.C. 1415 (6) (1); 34 XPE 300.514; 511 I.A.C. 7-9-1; 20 U.S.C. 1412 (5) (B); 34 CFR 300.227; 300.305-307; 300.550-556, 511 I.A.C. 7-12-2; 20 U.S.C. 1412 (a) (5); 34 CFR Section 300.305; 511 IAC 7-27-9
DISCIPLINE POLICY FOR STUDENTS IDENTIFIED WITH ARTICLE VII DISABILITIES Students with disabilities are subject to the discipline rules adopted by the board of school trustees and, therefore, may be suspended or expelled for any violation(s) of such rules. In accordance with Indiana law, administrators may take the following discipline actions: Suspension According to Article 7, Rule 29, Section 1, suspension is defined as a unilateral, temporary removal of a student from the student’s current placement by the public agency. A short-term removal of a student pursuant to the student’s individual education program is not a suspension. Suspension for part of a day constitutes a full day of suspension. A principal or principal’s designee may suspend a student with a disability from the student’s current placement for: 1. Up to ten (10) consecutive instructional days in a single period of suspension for any violation of the school rules for which a non-disabled student could be suspended, or 2. Additional suspensions of not more than ten (10) consecutive days at a single time in the same school year for separate incidents of misconduct as long as those removals do not constitute a change of placement. The school is not required to provide services to a student with a disability during any of the first ten (10) cumulative instructional days of suspension if services are not provided to a nondisabled student who has been similarly suspended. Expulsion An expulsion is defined as a separation from school attendance or a related service for more than ten (10) consecutive school days. Before a student identified with Article VII disabilities can be expelled from school, the student and the student’s parent must be afforded the opportunity to attend an expulsion meeting before an appointed expulsion examiner. However, prior to any expulsion meeting, the case conference committee must meet to review the student’s behavior and determine whether the behavior is caused by, or is a manifestation of, the student’s disability. If the committee determines there is such a causal relationship between the student’s behavior and the student’s disability, the student may not be expelled. If, however, the committee determines there is no causal relationship between the student’s behavior and the student’s disability, the parent may (1) request the appointment of an independent hearing officer to contest the committee’s determination, (2) request an expulsion meeting, or (3) waive the right to an expulsion meeting. In the event of the expulsion of a student with disabilities as defined above, educational and related services may not cease. The case conference committee shall determine the educational services that will be provided during the expulsion period and where the services will be provided. Expulsion for Possession of a Firearm If a student with disabilities is in possession of a firearm on school property, the principal may suspend the student in accordance with the above provision on suspension or exercise in-school discipline measures or any other discipline actions set forth in the student’s individualized education program. A case conference committee meeting shall be convened as soon as possible to determine an appropriate alternative educational setting for the student. The student may be placed in the alternative educational setting of no more than forty-five (45) calendar days. The parent of the student has the right to initiate a due process
hearing regarding the committee’s determination, but during the 45 days, the student shall remain in the alternative setting. The case conference committee shall also determine whether a causal relationship exists between the student’s behavior and the student’s disability. If there is a causal relationship, the student cannot be expelled. If the case conference committee determines there is no causal relationship, the student may be expelled for a period of at least one calendar year, subject to modification only by the Superintendent. During the expulsion period, the student shall continue to receive educational services as determined by the case conference committee. Legal Reference: 20 U.S.C. 1415; I.C. 20-8.1-5.1; 511 IAC 7-15-1; 511 IAC 7-15-2 * This policy is limited to the discipline of students with disabilities as identified under 511 IAC 7-3 Adopted:
