2161 Special Education and Related Services for Eligible Students

The board recognizes that students whose disabilities adversely impact educational performance and who require specially designed instruction can improve their educational performance when they receive special education and related services tailored to fit their needs. The district adopts the state’s full educational opportunity goal to provide students in need of special education services with a free appropriate public education.

Special education programs for eligible students will be an integral part of the general educational programs of this district, and will be operated in compliance with federal and state requirements governing special education. The district will provide a continuum of placement options, which may include services within and outside the district depending on the student’s needs.

Not all students with disabilities are eligible for special education services. The needs of those students will be addressed individually and if, appropriate, the student will be provided accommodations or modifications required under Section 504 of the Rehabilitation Act in accordance with district policy and procedures.

Mediation or Resolution Agreements
The board authorizes the superintendent or a designee to bind the district to a mediation or resolution agreement.

Commencement Exercises/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 district superintendent will develop and maintain special education procedures necessary to implement this policy. This policy and the procedures will be available to the public.

Cross References: 2162 – Education of Students With Disabilities Under Section 504 of the Rehabilitation Act of 1973
2163 – Response to Intervention
2410 – High School Graduation Requirements
3231 – Student Records
3241 – Classroom Management, Discipline and Corrective Action
3246 – Restraint, Isolation and Other Uses of Reasonable Force
4217 – Effective Communication

Legal References: Chapter 28A.155 RCW Special education
RCW 28A.600.485 Restraint of students with individualized education programs or plans developed under section 504 of the rehabilitation act of 1973 — Procedures — Definitions.
RCW 28A.600.486 District policy on the use of isolation and restraint — Notice to parents and guardians of children who have individualized education programs or plans developed under section 504 of the rehabilitation act of 1973.
RCW 28A.605.020 Parents’ Access to Classroom or School Sponsored Activities — Limitation
Chapter 49.60 RCW Discrimination — Human rights commission
Chapter 392-172A, WAC Rules for the provision of special education
29 U.S.C. 794 Section 504 of the Rehabilitation Act of 1973, as amended by the Rehabilitation Act Amendments of 1974, Pub. L. 93 516, 29 U.S.C. 794
20 U.S.C. 1400 et seq. Individuals with Disabilities Education Act of 2004
42 U.S.C. 12131-12133 Americans with Disabilities Act of 1990
28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services
34 CFR Part 99 Family Education Rights and Privacy Act (FERPA)
34 CFR Part 104 Nondiscrimination on the basis of handicap in programs and activities receiving federal financial assistance
34 CFR Part 300 Assistance to States for the Education of Children With Disabilities
34 CFR Part 303 Early Intervention Program for Infants and Toddlers with Disabilities

Management Resources: 2016 – March Issue
2014 – June Issue
2009 – October Issue
Policy News, December 2007 Updated Special Education Policy and Procedure
Policy News, June 2007 Graduation Ceremonies for Special Education Students
Policy News, December 1999 Rule Adoption Leads to Special Education Policy

Adoption Date: 2.17
Classification: Essential
WSSDA: 03.16