CHILDREN/STUDENTS WITH DISABILITIES
III-6 CHILDREN/STUDENTS WITH DISABILITIES
Table of Contents
| The Implementation of the Individuals With Disabilities Education Act | 3-6.1 |
3-6.1 THE IMPLEMENTATION OF THE INDIVIDUALS WITH DISABILITES EDUCATION ACT
FREE APPROPRIATE PUBLIC EDUCATION:
Nebraska City Public Schools ensures that a free appropriate public
education is available to all children with disabilities from birth
through the school year in which the student reaches 21 years of age,
including children who have been suspended or expelled from school.
FULL EDUCATIONAL OPPORTUNITY GOAL (34 CFR 300.123):
Nebraska City Public Schools have a goal of providing full education
opportunity for all children with disabilities from birth through the
school year when the student reaches ages 21 consistent with the
state’s full educational opportunity goal.
CHILDFIND: All children
with disabilities residing in Nebraska City Public Schools, including
children with disabilities who are homeless children or wards of the
state and children with disabilities attending non-public schools,
regardless of the severity of their disabilities, and who are in need
of special education and related services, are identified, located, and
evaluated and a practical method is developed and implemented to
determine which children with disabilities are currently receiving
needed special education and related services.
IDENTIFICATION, EVALUATION AND VERIFICATION:
Nebraska City Public Schools ensures that children with disabilities
are evaluated in accordance with 92 NAC 51-006. Procedures to
ensure that testing and evaluation materials and procedures utilized
for the purposes of evaluation and placement of children with
disabilities will be selected and administered so as not to be racially
or culturally discriminatory. Such materials or procedures shall
be provided and administered in the child’s native language or mode of
communication, unless it is clearly not feasible to do so, and no
single procedure shall be the sole criterion for determining an
appropriate educational program for a child.
INDIVIDUALIZED EDUCATION PROGRAM:
Nebraska City Public Schools ensures that an individualized education
program (IEP), or an individualized family service plan (IFSP) is
developed, reviewed, and revised for each child with a disability in
accordance with 92 NAC 51-007.
The Nebraska City Public Schools ensures that children participating in
early intervention services experience a smooth and effective
transition to services provided under Part B of the IDEA.
PARTICIPATION IN ASSESSMENTS:
Nebraska City Public Schools ensures that children with disabilities
are included in district-wide assessment programs, with appropriate
accommodations, where necessary. As appropriate, the school
district develops guidelines for the participation of children with
disabilities in alternate assessments for those children who cannot
participate in district-wide assessments and develops and conducts
those alternate assessments. Nebraska City Public Schools will
make available to the Nebraska Department of Education the information
necessary to carry out its duties relating to the reporting of children
with disabilities participation in assessments.
LEAST RESTRICTIVE ENVIRONMENT:
To the maximum extent appropriate, children with disabilities,
including children in public and nonpublic institutions or other care
facilities, are educated with children who are not disabled, and
special classes, separate schooling, or other removal of children with
disabilities from the regular education environment occurs only when
the nature or severity of the disability of a child is such that
education in regular classes with the use of supplementary aids and
services cannot be achieved satisfactorily. If placement in a
public or non-public residential program is necessary to provide
special education and related services to a child with a disability,
the program including non-medical care and room and board, must be at
no cost to the parents of the child. Nebraska City Public Schools
ensures that children with disabilities have available to them the
variety of educational programs and services available to non-disabled
children, including art, music, industrial arts, consumer and
homemaking education and vocational education.
CHILDREN IN NONPUBLIC SCHOOLS:
To the extent consistent with the number and location of children with
disabilities who are enrolled by their parents in nonpublic elementary
and secondary schools, provision is made for the participation of those
children in special education and related services in accordance with
the requirements contained in 92 NAC 51. Nebraska City Public
School’s policy relating to childfind activities applies with respect
to children with disabilities who are enrolled in nonpublic, including
parochial, elementary and secondary schools. Children with
disabilities in nonpublic schools and facilities are provided special
education and related services in accordance with an individualized
education program, at no cost to their parents, if the child is placed
in, or referred to nonpublic schools or facilities by Nebraska City
Public Schools as a means of carrying out the requirements of IDEA or
any other applicable law requiring the provision of special education
and related services to all children with disabilities. Children
served by nonpublic schools or facilities as a result of a referral by
the Nebraska City Public Schools will have all the rights they would
have if served by the Nebraska City Public Schools. Nebraska City
Public Schools is not required to pay for the cost of education,
including special education and related services, of a child with a
disability at a nonpublic school or facility if Nebraska City Public
Schools made a free appropriate public education available to the child
and the parents elected to place the child in such nonpublic school or
facility. If the parents of a child with a disability, who
previously received special education and related services under the
authority of the Nebraska City Public Schools, enroll the child in a
nonpublic elementary or secondary school without the consent of or
referral by the Nebraska City Public Schools, a court or a hearing
officer may require the Nebraska City Public Schools to reimburse the
parents for the cost of the enrollment if the court or hearing officer
finds that the Nebraska City Public Schools had not made available a
free appropriate public education to the child in a timely manner prior
to that enrollment. The cost of the reimbursement may be reduced
or denied if at the most recent IEP meeting that the parents attended
prior to the removal of the child from the Nebraska City Public
Schools, the parents did not inform the IEP team that they were
rejecting the placement proposed by the district to provide a free
appropriate public education to their child, including stating their
concerns and their intent to enroll their child in a nonpublic school
at public expense; or 10 business days (including any holidays that
occur on a business day), prior to the removal of the child from the
school district, the parents did not give written notice to the
Nebraska City Public Schools of the information required above.
The cost of reimbursement will not be reduced or denied for failure to
provide the information required above. The cost of reimbursement
will not be reduced or denied for failure to provide the information
required if the parent is illiterate and cannot write in English, if
compliance with the requirement would likely result in physical or
serious emotional harm to the child, if the school prevented the parent
from providing the information or if the parents had not received
notice required by 92 NAC 51-009 of the parents responsibility to
provide notice to the Nebraska City Public Schools. The
reimbursement may also be reduced or denied if prior to the parents
removal of the child from Nebraska City Public Schools, the school
district informed the parents, through the notice requirements
described in 92 NAC 51-009, of its intent to evaluate the child
(including a statement of the purpose of the evaluation was that
appropriate and reasonable), but the parents did not make the child
available for the evaluation. The reimbursement may also be
reduced or denied upon a judicial finding or unreasonableness with
respect to actions taken by the parents.
PROCEDURAL SAFEGUARDS:
Nebraska City Public Schools ensures that children with disabilities
and their parents are afforded the procedural safeguards required in 92
NAC 51-009.
CONFIDENTIALITY: Nebraska
City Public Schools complies with the requirements contained in 92 NAC
51-009 relating to the confidentiality of records and information.
TRANSPORTATION: Nebraska
City Public Schools ensures that transportation will be provided to any
special education student who qualifies for special education
transportation under NEB. REV. STAT. 79-1129.
PERSONNEL STANDARDS:
Nebraska City Public Schools ensures that all personnel are
appropriately and adequately prepared subject to IDEA requirements and
Nebraska City Public Schools will take measurable steps to recruit,
hire, train and retain personnel meeting the requirements of IDEA to
provide special education and related services to children with
disabilities.
PERFORMANCE GOALS AND INDICATORS:
Nebraska City Public Schools will use performance goals and indicators
established by the state to assess progress toward achieving those
goals that are consistent to the extent appropriate with any other
goals and academic standards for children. Nebraska City Public
Schools will provide the Nebraska Department of Education with
information necessary to enable the state to assess progress toward
achieving the goals established by the state.
SUSPENSION AND EXPULSION REPORTING:
Nebraska City Public Schools will report data to the Nebraska
Department of Education to determine if significant discrepancies are
occurring in the rate of long-term suspension and expulsions of
children with disabilities.
Policy Approved May 8, 2006
Nebraska City
Public Schools
and
Educational Service Unit #4, Auburn, Nebraska
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