Policy I:
Instructional (7-14-2011)
IA MISSION
STATEMENT
MISSION STATEMENT
The mission of the Enemy Swim Day School is to provide for
all students educational opportunities to maximize academic potential while
fostering cultural pride to promote lifelong learning.
EXPECTATIONS
Enemy
Swim Day
School expects its students to:
. Be Safe.
. Be
Respectful.
. Be Caring.
. Be Responsible.
It is the policy of the Board not to discriminate on the
basis of sex, sexual orientation, age, marital status, race, handicap,
religion, or national origin in the educational programs and activities or
admissions to facilities operated by the Board or in the employment practices
of the School. The Superintendent must
investigate allegations and provide a written response within five working days
to the allegations. Further recommendations
and other actions will be forthcoming if it the situation warrants. Each case will be dealt with on an individual
basis.
The Principal shall coordinate the development of new
curriculum and make recommendation for revision as appropriate to the
Board. The Principal may set up
curriculum committees for the study of curriculum improvements, including the
selections of new instructional materials.
The school’s curriculum shall be reviewed one subject per
year on a rotating schedule as set by the Principal. The Instructional staff will develop and
align instructional materials and curriculum according to the approved
standards. The school board will approve
curriculum and materials annually according to the rotation schedule.
ICA CURRICULUM
MAPPING
Separate course-of-study guides shall be prepared for each
content area identified in the program of studies. The school’s curriculum
shall be reviewed one subject per year on a rotating schedule as set by the
Principal. Curriculum guides and course outline reviews will include, but not
be limited to, an evaluation of student achievement scores, formative
assessments and current research on the teaching of particular content items.
The curriculum and course outlines will be based on the
South Dakota State Standards and local standards as approved by the school
board.
The educational program at ESDS will serve pre-kindergarten
through 8th grade. The
program of studies shall meet the needs of the students enrolled as determined
by local assessment processes.
ESDS provides Internet Access to
staff and students to support education and school work pertaining to
educational goals. The use of the
Internet and other technology is a privilege not a right and inappropriate use
can result in cancellation of that privilege.
Students receiving Internet access at the school will participate in
Acceptable Internet Use Orientation to gain an understanding of ACCEPTABLE USE
and NETIQUETTE.
Examples of what is acceptable:
1.
Use computers, printers, file servers, etc. to do class
assignments.
2.
Browse the Internet, send email, or transfer data files
to complete class assignments.
3.
Use a “fair share” of the technology resources at ESDS
to accomplish your class work or job.
Examples of what is unacceptable:
1.
Use ESDS resources for personal gain or private/public
participation in activities not abiding to ESDS Mission, Vision, Philosophy or
Policies.
2.
Copy or use software, graphics, video or audio
materials in violation of copyright or licensing laws.
3.
Send inappropriate, harassing, threatening or obscene
email, documents or pictures.
4.
Access, view or print obscene or pornographic images or
documents.
5.
Use ESDS technology resources to illegally access
communication, computer, network or information services at ESDS or elsewhere.
6.
Use Internet “chat” services, especially audio chat
services, for personal communication.
Netiquette: Network + Etiquette: Students are expected to follow the general
rules of the internet which include but are not limited to:
- Be polite.
Your messages should not be abusive to others.
- User appropriate language. Do not swear, use vulgarities, or any
other language deemed inappropriate.
- Do not reveal your personal address or phone
number. Do not reveal the personal
addresses and/or phone numbers of fellow students or colleagues.
- Illegal activities are strictly forbidden.
- Note that electronic mail (e-mail) is not guaranteed
to be private. People who operate
the system have access to all mail.
Messages relating to or in support of illegal activities may be
reported to the authorities.
- Do not use the network in any way that you would
disrupt network services for other users.
- All communications and information accessible via the
network should not be assumed to be private property, it may be monitored..
ACCEPTABLE USE will be defined by
teachers and the system administrator whose decisions will be considered
final. Violation of NETIQUETTE or
ACCEPTABLE USE may result in loss of Internet privileges.
IDAB Cyber Bullying
Cyber bullying is all form of harassment over the Internet
or other forms of electronic communications, including cell phones. Students and staff will refrain from using
communication devices or School property to harass or stalk another. The School’s computer network and the
Internet, whether accessed at school or away from school, during or after
school hours, may not be used for the purpose of cyber bullying. All forms of cyber bullying are unacceptable
and viewed as a violation of this policy and the School’s acceptable computer
use policy and procedures.
Users are responsible for the appropriateness of the
materials they transmit. Hate mail,
harassment, discriminatory remarks, or other anti social behaviors are
expressly prohibited. Cyber bullying
includes, but is not limited to the following misuses of technology: harassing, teasing, intimidating,
threatening, or terrorizing another person by sending or posting inappropriate
and hurtful e-mail messages, instant messages, text messages, digital pictures
or images, or web site postings, including blogs. It is also recognized that the author (poster
or sender) of the inappropriate material is often disguised (logged on) as
someone else.
Students and community members, who believe they have been
victims of such misuses of technology, as described in this policy, should not
erase the offending material from the systems.
A copy of the material should be brought to the attention of a principal
or teacher.
In situations in which cyber bullying originated from a
non-school device, but brought to the attention of the school staff, any
disciplinary action shall be based upon whether the conduct is determined to be
severely disruptive of the educational process so that it markedly interrupts
or severely impedes the day to day operations of the school. In addition, such conduct must also violate a
school policy. Such conduct includes,
but is not limited to, threats, or making threats off school grounds, to harm a
member of the school staff or a student.
Malicious use of School’s computer system to develop
programs or to institute practices that harass other users to gain unauthorized
access to any entity on the system and/or change the components of an entity on
the network is prohibited.
Disciplinary action may include, but is not limited to, the
loss of computer privileges, detention, suspension, or expulsion for verified
perpetrators of cyber bullying. In
addition, when any kind of threat is communicated or when a hate crime is
committed it may be reported to law enforcement.
The Board shall provide for a Kindergarten educational
program for students having attained the age of five (5) years by September 1 of
the academic term, and may provide for the implementation of Pre-school
educational programs.
The School will provide a Dakota language program for all
students and staff and encourages the involvement of all parents and the
community.
All staff shall be responsible for the development,
evaluation and implementation of Dakota Language Curriculum, as well as, the
resource for defining and articulating Dakota traditions, language, custom,
history, legends and all other aspects of Dakota culture and tradition.
All students attending the Enemy Swim Day School will be
required to attend Dakota Studies Classes and are expected to attend the
Opening and Closing Ceremonies.
The school will provide a healthy lifestyles program as an
integral part of each student’s general education.
Sex education is included as part of the general education
provided to students within the Science and Health Curriculum. The instruction is based upon the functions
of the human body, hygiene, and sexuality.
Physical education will occur daily according
to schedule. All students need to have a
separate pair of gym shoes to keep at school for use on the wood gym floor.
Nutrition Education
Nutrition education will be integrated into other areas of
the curriculum such as math, science, language arts and social studies. The
school teaches, encourages, and supports healthy eating by students. Nutrition education will be offered at each
grade level to provide students with the knowledge and skills necessary to
promote and protect their health, will include enjoyable, developmentally
appropriate and culturally relevant activities, promote fruits, vegetables,
whole grain products, low fat dairy products, healthy food preparation methods,
and healthy nutrition practices. The staff responsible for nutrition education
will be adequately prepared and participate regularly in professional development
activities to effectively deliver an accurate nutrition education program as
planned. Preparation and professional development activities will provide basic
knowledge of nutrition, combined with skill practice in program-specific
activities and instructional techniques and strategies designed to promote
healthy eating habits. Nutrition education provides opportunities for parents
to share healthy food practices in the school community. Nutrition education
information will be reviewed by a qualified, credentialed nutrition
professional. The school cafeteria
serves as a “learning laboratory” to allow students to apply critical thinking
skills taught in the classroom.
Physical Activity
Physical activity will be integrated across curricula and
throughout the school day. Movement can be made a part of science, math, social
studies and language arts. Staff may
provide short physical activity breaks between lessons or classes, as
appropriate. Physical education courses will be the environment where students
learn, practice and are assessed on developmentally appropriate motor skills,
social studies and language arts. Time
allotted for physical activity will be consistent with research, national and
state standards. Daily recess period,
which is not used as a punishment or a reward, is provided K-3 daily and 4-8,
if applicable. Consider planning recess before lunch since research indicates
that physical activity prior to lunch can increase the nutrient intake and
reduce food waste. Physical activity
participation will take into consideration the “balancing equation” of food
intake and physical activity.
Other School Based Activities
After-school programs will encourage physical activity and
healthy habit formation. Local wellness
policy goals are considered in planning all school-based activities. Support for the health of all students is
demonstrated by hosting health clinics, health screenings, and helping to
enroll eligible children in Medicaid and other state children’s health
insurance programs. Schools organize
local wellness committees comprised of families, teachers, administrators, and
students to plan, implement and improve nutrition and physical activity in the
school environment.
Nutrition Guidelines for All Foods on Campus
Foods made available on campus will comply with the current
USDA Dietary Guidelines for Americans including: Vending machines, A la carte,
Beverage contracts, Fundraisers, Concession stands, Student stores and School
parties/celebrations. Beverages and snacks offered in the student accessed
vending machine must not be more than 35% calories from fat, be not more than
10% calories from saturated fat, have no trans fats, and be not more than 35%
total weight from added sugars. There are appropriate restrictions on vending
machines; with no access for elementary students and not access until after the
school day for middle school students.
Healthy food choices are offered at concession stands and special events
at prices that students can afford.
Possible options include fruits and vegetables (fresh, canned or dried),
nuts, seeds, trail mix, jerky, whole grain products, low fat dairy products,
100% fruit juice, and water.
Celebrations: each party should include no more than one food or
beverage that does not meet nutrition standards for foods and beverages. Food
providers will take every measure to ensure that student access to foods and
beverages meets federal, state and local laws and guidelines. Food providers
will offer a variety of age appropriate healthy food and beverage selections
for all students and staff. To support
children’s health and school nutrition education efforts, the school will limit
fundraising activities that involve food.
The school will encourage fundraising efforts that promote physical
activity. Students and school officials are engaged in choosing the competitive
food selections for their local schools.
Promotional activities will be limited programs that are requested by
school officials to support teaching and learning. All promotional activities
in schools will be connected to activities that encourage physical activity,
academic achievement or positive youth development and are in compliance with
local guidelines. Food providers will be
sensitive to the school environment in displaying their logos and trademarks on
school grounds. Classroom snacks feature
healthy choices.
Eating Environment
The National Association of State Boards of Education
recommends that students should be provided adequate time to eat lunch, at
least 10 minutes for breakfast and 20 minutes for lunch, from the time the
student is seated. Lunch periods are
scheduled as near the middle of the school day as possible. Recess for
elementary grades is scheduled before lunch.
Cafeterias include enough serving areas so that students do not have to
spend too much time waiting in line.
Dining areas are attractive and have enough space for seating all
students. Drinking water is available
for students at meals. Food is not used
as a reward or punishment for
student behaviors, unless it is detailed in a student’s Individualized
Education Plan (IEP).
Child Nutrition Operations
The child nutrition program will aim to be financially
self-supporting. However, the program is an essential educational support
activity. Budget neutrality or profit generation will not take precedence over
the nutritional needs of the students. If subsidy of the child nutrition fund
is needed, it will not be from the sale of foods that have minimal nutritional
value and/or compete nutritionally with program meals.
The child nutrition program will ensure that all students
have affordable access to the varied and nutritious foods they need to stay
healthy and learn well. The school will
strive to increase participation in the available federal child Nutrition
programs.
Employ a food service director, who is properly qualified,
certified and/or credentialed according to current professional standards, to
administer the school food service program and satisfy reporting
requirements. All food service personnel
shall have adequate pre-service training in food service operations. Students are encouraged to start each day
with a healthy breakfast.
Food Safety/Food Security
All foods made available on campus comply with the state and
local food safety and sanitation regulations. Hazard Analysis and Critical
Control Points (HACCP) plans and guidelines are implemented to prevent food
illness in schools.
For the safety and security of the food and facility access
to the food service operations are limited to Child Nutrition staff and
authorized personnel. For further guidance see the US Department of Agriculture
food security guidelines.
Healthy Lifestyle
Choices
A healthy lifestyle choice program will be provided to all
students to include: Drug, alcohol, inhalants, tobacco, and others as needed.
Extended day programs are school programs, which extend
beyond the regular school day to include: after school programs and summer
programs.
The Board shall provide instruction, as appropriate, for
students confined to home or hospitalized for a period exceeding 3 consecutive
school days upon the request of parents and with the approval of the family
physician.
1. The
physician must certify that the student will be unable to attend school for the
length of time specified and that he/she is capable of receiving home
instruction. The physician shall give an
estimate of the probable length of the student’s convalescence.
2. If
the student’s illness is expected to exceed that period, a parent may and
should request the homebound/hospital instruction prior to the end of 3 days so
that instruction may begin as soon as the student is able to receive it.
Homebound instruction, although correlated with what the
student is missing in the classroom, shall be geared to the child and his/her
capabilities are during his/her convalescence.
The school shall provide textbooks and materials.
The school will operate a program for students who meet the
criteria for exceptional gifted and talented areas: Academic aptitude,
Intelligence, Creativity, Visual and Performing Arts, and Leadership.
The Family Educational Rights and Privacy Act (FERPA)
(20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy
of student education records. The law applies to all schools that receive funds
under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to
their children's education records. These rights transfer to the student when
he or she reaches the age of 18 or attends a school beyond the high school
level. Students to whom the rights have transferred are "eligible
students."
- Parents or eligible students have the right to inspect and review
the student's education records maintained by the school. Schools are not
required to provide copies of records unless, for reasons such as great
distance, it is impossible for parents or eligible students to review the
records. Schools may charge a fee for copies.
- Parents or eligible students have the right to request that a
school correct records which they believe to be inaccurate or misleading.
If the school decides not to amend the record, the parent or eligible
student then has the right to a formal hearing. After the hearing, if the
school still decides not to amend the record, the parent or eligible
student has the right to place a statement with the record setting forth
his or her view about the contested information.
- Generally, schools must have written permission from the parent or
eligible student in order to release any information from a student's
education record. However, FERPA allows schools to disclose those records,
without consent, to the following parties or under the following
conditions (34 CFR § 99.31):
- School officials with legitimate educational
interest;
- Other schools to which a student is
transferring;
- Specified officials for audit or evaluation
purposes;
- Appropriate parties in connection with financial
aid to a student;
- Organizations conducting certain studies for or
on behalf of the school;
- Accrediting organizations;
- To comply with a judicial order or lawfully
issued subpoena;
- Appropriate officials in cases of health and
safety emergencies; and
- State and local authorities, within a juvenile
justice system, pursuant to specific State law.
Schools may disclose, without consent, "directory"
information such as a student's name, address, telephone number, date and place
of birth, honors and awards, and dates of attendance. However, schools must
tell parents and eligible students about directory information and allow
parents and eligible students a reasonable amount of time to request that the
school not disclose directory information about them. Schools must notify
parents and eligible students annually of their rights under FERPA. The actual
means of notification (special letter, inclusion in a PTA bulletin, student
handbook, or newspaper article) is left to the discretion of each school.
Protection of Pupil Rights Amendment
(PPRA)
The Protection of Pupil Rights Amendment
(PPRA) (20 U.S.C. § 1232h; 34 CFR Part 98) applies to programs that receive
funding from the U.S. Department of Education (ED). PPRA is intended to protect
the rights of parents and students in two ways:
It seeks to ensure that schools and contractors
make instructional materials available for inspection by parents if those
materials will be used in connection with an ED-funded survey, analysis, or
evaluation in which their children participate; and
It seeks to ensure that schools and contractors
obtain written parental consent before minor students are required to
participate in any ED-funded survey, analysis, or evaluation that reveals
information concerning:
1.
Political affiliations;
2.
Mental and psychological problems potentially
embarrassing to the student and his/her family;
3.
Sex behavior and attitudes;
4.
Illegal, anti-social, self-incriminating and demeaning behavior;
5.
Critical appraisals of other individuals with whom
respondents have close family relationships;
6.
Legally recognized privileged or analogous
relationships, such as those of lawyers, physicians, and ministers; or
7.
Religious practices, affiliations, or beliefs of the
student or student’s parent; or
8.
Income (other than that required by law to determine
eligibility for participation in a program or for receiving financial
assistance under such program).
Enemy
Swim Day
school will provide a Family and Child Education
Program for students and families from birth through the fifth grade.
FACE serves children ages
prenatal through 3rd grade in the home and center- based programs. A child must
be at least three years of age and toilet trained to participate in the center-
based preschool. Exceptions may be made on a case-by-case basis with the
approval of the Early Childhood teacher and Coordinator. For safety reasons,
center-based adults with children not enrolled in the preschool program must
arrange for child care.
Any Native American family within the attendance boundaries
of the school may participate in the program. Prior to admission and
participation, the required enrollment forms must be on file. For center-based
participants, this includes finger printing for all adults. Center-based
children shall be required to have evidence of a complete physical examination,
which was conducted within the last 12 months, and a physician’s statement
documenting that the child has been successfully immunized consistent with
state requirements.
This is a family program –parent and child participate
together. A child may not attend the preschool without a parent/guardian
attending the adult education center. Children in center-based must be enrolled
for full day services. A parent/guardian must be present during a home visit.
If possible, please contact a staff member if you will be absent from school or
if you will not be able to keep an appointment for a home visit. Participants are expected to achieve a
75% attendance/participation rate.
Transportation is provided by the regular school bus routes
to and from school for participants in the center- based program.
Transportation is also provided for FACE parent meetings and special events.
Each child must be accompanied by his/her parent/primary caregiver when being
transported on the school bus.
Breakfast and lunch are provided at no cost to families
attending the center-based program. A parent or guardian is required to eat
breakfast and lunch with their preschool child. Nutritious snacks are also
provided. No outside snacks are permitted in the preschool classroom.
The preschool and adult education students will meet Tuesday
through Friday throughout school year. No classes will be held on Mondays, with the exception of meeting one Monday
a month when there is no school on Friday due to professional development. The FACE program will follow the Enemy Swim
Day School calendar for
holidays and breaks.
The FACE staff recognizes the responsibility to provide a
healthy environment for families and staff. If you or your child has a
communicable or chronic disease, you must report this to the FACE Coordinator.
The determination of whether an infected student should be excluded from the
school shall be made case-by-case under the direction of the Coordinator and
school Administrator.
FACE vehicles are to be used for FACE or school functions
only; all other use is prohibited. Use
for FACE functions will take priority over other programs (unless needed in an
emergency situation). All vehicles must
be cleaned and all car seats and booster seats must be replaced before
returning vehicles to the FACE program.
Smoking is prohibited in all FACE vehicles. Anyone requesting the use of a FACE vehicle
must hold a valid driver’s license and adhere to all safety codes and
transportations laws. Mileage forms are
provided in each vehicle and must be completed by each program when a vehicle
is used. All mileage will be turned into
the business office at the end of each month.
Staff will not administer prescription or non-prescription
medication to a child without the written request of the parent or guardian.
Staff, parents and children will follow the procedures
established by the Enemy
Swim Day
School for evacuation procedures.
To maintain a safe learning and working environment, any
location which school business is conducted, whether at this or any other site,
is declared to be DRUG FREE. (This includes tobacco usage.) Smoking is
prohibited on school grounds.
All FACE staff members are required by law to report any
situations of suspected child abuse to the Principal. The Principal is required
to report the information to the Child Protection Program and/or proper
authorities.
Any other issue not mentioned above will fall under the
guidelines of the EDSD Policies and will be referred to the Superintendent.
The mission of Enemy Swim Day School Family and Child
Education, a family literacy program, is to strengthen families and provide
quality educational and lifelong learning opportunities for American Indians
and Alaska Natives from prenatal through adult life.
No discrimination against any person with a disability shall
knowingly be permitted in programs or practices in the Enemy Swim Day School. The School has the responsibility to provide
notice to parents, identify, evaluate, and if the student is determined to be
eligible under Section 504, to provide access to appropriate educational
services. If the parent or surrogate
disagrees with the determination made by the professional staff of the school,
he/she has the right to file a grievance or request a due process hearing with
an impartial hearing officer.
An adult education program may be instituted and
administered by the Board and staff when the need, funding and opportunity arises. All adults
will abide by the ESDS background policies and other applicable policies.
The Enemy
Swim Day
School will inform and educate parents,
colleagues and the general community about family literacy through promotion,
training and the dissemination of information.
The school will provide opportunities for parents to improve their
literacy skills in order to assist and support the development of literacy
skills in their children through participation in educational and skill-building
programs.
It is the responsibility of the Principal to see that a
satisfactory instructional program is scheduled for each student. Class size will be considered when scheduling
and grouping for instruction.
All students that score in the below proficiency category in
Math and/or Reading according to assessments will be provided with an RTI Plan. The Plan will be maintained and monitored by
the homeroom teacher in conjunction with the students’ Math and Reading
instructors under the direction of the Principal. An assessment report will be provided three
times a year to parents.
The textbook committee includes the designated teachers,
Principal, the designated school board members, parents and other pertinent
people. The committee will review
textbooks in accordance to the standards and local preferences according to the
textbook rotation schedule.
The assignment of para-educators shall be determined by the
Principal according to: 1. IEP needs, 2. Student needs, 3. Class size. Para educators shall be under the supervision
of a Special Education Coordinator.
The school board will provide library and resources to
supplement and support the instructional program. All persons responsible for the loss of a
library book or other media item will be held responsible for the replacement
of it.
ESDS will utilize community volunteers and other community
resource people to support and enhance the instructional program. The
Superintendent must approve resource persons and all persons must have an
approved background check on file with the school and adhere to ESDS employee
policy as determined necessary.
Guidance services shall be available for every student. The
guidance curriculum is approved by the school board, implemented and directed
by the Counselor in conjunction with the teachers. Guidance personnel will use varied delivery
systems consisting of small group, individual counseling, structured training
sessions, and other processes. Guidance
personnel will assist in developing, gathering and disseminating effective
learning activities to instructional personnel as resource material for
incorporating learning activities designed to enhance the total development of
students.
The school board will develop and promote an educational
program that meets the individual needs of the children in accordance to the No
Child Left Behind Law mandates and other mandates as
applicable.
1. Parents
will be provided a progress report card four times a year.
2. Parents
will be alerted and conferred with as soon as possible when a child’s
performance or attitude becomes unsatisfactory or shows marked or sudden
deterioration.
3. Parent
conferences will be held two times per year.
4. Student
formative assessments in Reading and Math will be conducted three times a year
and provided to parents.
GRADES: KINDERGARTEN – SECOND
BB BELOW BASIC
B BASIC
P PROFICIENT
A ADVANCED
GRADES: THIRD – EIGHTH
100+ A+ 4.33
95-100 A 4.0 3.67 – 4.0 (A Honor Roll)
92-94 A- 3.67
89-91 B+ 3.33
86-88 B 3.0 3.0 – 3.66 (B Honor Roll)
83-85 B- 2.67
80-82 C+ 2.33
77-79 C 2.0
74-76 C- 1.67
71-73 D+ 1.33
68-70 D 1.0
65-67 D- .67
64 and below F
Parents will be able to access student grades on-line. The teachers will update all grades weekly.
Parent/teacher conferences are scheduled to be conducted
immediately following the end of the first and third quarters of the school;
however, parent/teacher conferences to deal with individual situations will be
conducted throughout the school year. Parents are encouraged to visit the school,
visit with teachers and other staff, and help in working through issues and
conflicts, which affect the learning and self-image of their child.
Early and consistent parent involvement helps children to
achieve well academically.
- Parents
have the right to assist teachers in the maintenance of an environment
where students learn in a safe and secure environment.
- Parents
have the right to obtain knowledge from the school that assists them in
helping and encourages their children to be accountable for the quality
and accuracy of their work.
- Parents
have the right to know that children are being taught in the basic
subjects.
- Parents
need to be notified of Standard test results and meetings should be
arranged so these results can be discussed with them.
- Parents
have the right to conference in a timely manner with the teachers and/or
Principal when questions and concerns about school academics or policies
arise.
- Parents
have the right to observe their children’s classrooms.
- Parents
have the right to view their children’s records and be kept informed of
their progress.
- Parents
have the right to view the materials their children use and have knowledge
of the standards required for each level.
- Parents
have the right to written notification of school rules, attendance
policies, dress codes, and procedures for visiting schools, etc.
- Parents
have the right to volunteer time and resources to improve the schools or
their programs.
- Parents
have the right to work supportively and with mutual respect to help the
children succeed.
It is a privilege and right of all parents to share the
intellectual, physical, emotional, social development, well being and cultural
formation of their children. No one
person can do this alone. Parents must
take the responsibility to be the primary educators of their children and work
with cooperation and respect for the teachers and administrators of the Enemy Swim
Day School.
An annual evaluation of the school’s activity of Parent
Involvement will be conducted. The
parents will rate the schools performance on school sponsored parent
involvement activities and the school will track and acknowledge involved
parents.
Purpose: To reaffirm the Enemy
Swim Day
School system’s strong commitment to the role of
parents in their children’s education and to promote effective, comprehensive
parental involvement.
In this policy, “parent” is
intended to include parents, guardians, and other family members involved in
supervising the child’s schooling.
Achievement of this purpose will
be sought through a variety of efforts including:
1.
Effective two-way communication between all parents and
schools regarding school’s policies and regulations, local school policies, and
an individual child’s progress.
2.
Activities to encourage parental volunteer
opportunities in schools both in the classroom and in other areas of the school
including attendance at programs and events.
3.
Information and programs for parents on how to
establish a home environment to support learning and appropriate behavior.
4.
Information and programs for parents about how they can
assist their own children to learn.
5.
Assistance to develop parental involvement in
educational advocacy through the school improvement team, including school
system task forces and advisory committees.
Process and Content
While the
school must assess its role and plan of action to meet these goals, all Enemy Swim
Day School employees are
expected to convey a commitment to parental involvement.
- Consistent with this commitment, the school is
expected to:
A.
Develop activities and materials that provide for
effective two-way communication between parents and the school on local school
policies and individual student progress
B.
Support and encourage parental volunteer opportunities
C.
Provide programs that assist parents in learning how
they can help children learn, including activities that are connected to what
children are learning in the classroom
D.
Work with leadership to ensure parental input
- In addition, appropriate staff are expected to
support efforts and, where relevant:
A.
Communicate with parents on school system policies and
regulations
B.
Provide for the development of parenting programs and
materials, including the use of the internet, pamphlets, adult education
courses, parent resource centers, and programs designed to orient new parents
to ESDS
C.
Maintain and support with appropriate information and
training parental volunteer opportunities
D.
Assist in the development of parental leadership
through other recognized groups
E.
Work with businesses, organizations, and other
government agencies which by their policies and activities can provide support
and assistance for parental involvement efforts
F.
Provide appropriate teacher and staff training to
support effective parental involvement; conduct staff and parent training in
ways to communicate and work together including problem solving, conflict
resolution skills, and outreach strategies
G.
Identify and publicize promising programs and practices
related to parental involvement
H.
Work with colleges and universities that prepare
teachers and administrators to support the inclusion of school and family
connections in their training programs
I.
Develop methods to accommodate and support parental
involvement for all parents with special needs
J.
Develop mechanisms for schools to use in order to
assess the effectiveness of their parental involvement efforts
- The superintendent will assess the status of parental
involvement, review existing policies and procedures, and develop
necessary regulations and procedures to support this policy, including a
review of staff and budget support.
- The School Board will support parental involvement by
seeking parental input on school system policies, including curriculum,
facilities and funding issues.
At times classroom teachers will assign homework for
students – it is expected that homework will be completed by the assigned
time. Failure of a student to complete
homework assignments as assigned by the classroom teacher may result in the
requirement to attend homework room, Teacher Assistance Team Meeting, parent
meeting or a Principal meeting for a plan.
Retention shall be used only when it is to the advantage of
the student. Retention will be
recommended by the teacher, however the assignment
shall be made with the approval of the Principal, following a review with the
teacher’s assistance team. When
retention of a student is being considered, teachers must confer with the
students’ parents well before the end of the school year.
In order to earn the cultural diploma the student must
complete the requirements of the Enemy
Swim Day
School, to include the Dakota Studies curriculum
and the Core curriculum as set forth by the school board. If the Dakota Studies curriculum component is
not successfully completed then a standard diploma will be issued, if other
curriculum requirements are met.
School Improvement Status and Goals will be included in the School
Improvement Plan and reported annually. Parents will be provided a copy of the status
and goals annually. The school board will receive a monthly report from the
administrators regarding school improvement and programs. The School Improvement Plan is a working
document that educators, parents and students can use as a reference or check
point that is a data driven tool for decision making for school improvement.
The School Board will ensure that adequate funding is available for school
improvement programs.
The School implements a student assessment program during
each school term. Assessment includes
academic achievement testing, self-concept testing and other assessment
processes to enable the school to more accurately assess the needs and
interests of students. Students are
expected to complete all assessments/testing instruments to the best of their
ability. Results of the testing and
assessment activities will be reviewed confidentially with the student.
All parents have full access to all records or data relating
to the student. Student records will not
be released to a third party without prior written consent of the parents with
exceptions made for other school officials and governmental education agencies.
Reports shall be made periodically by the Principal and/or
Superintendent to the Board in order to ascertain the strengths and weakness of
the school program and to make recommendations for curriculum improvement.
Some educational topics can be controversial. The ESDS staff will provide age appropriate
education according to the standards.
They will be handled as a regular aspect of instruction and learning in
such a way as not to inhibit the dignity, the personality or the intellectual
integrity of either the teacher or the students.
All speakers must be approved through the
Superintendent. In no instances shall a
speaker who advocates unconstitutional or illegal acts or procedures be
permitted to address students.
It shall be the tradition as well as policy of the Board to
utilize traditional cultural and other methods of observing special events,
honoring, ceremonies and observances within the School. Thus, students shall be afforded the
opportunity to participate in a variety of activities inclusive of:
1. Flag
Song: The flag song shall be provided at the school during the opening and
closing ceremonies.
2. Akicita: The Akicita song shall be provided at the
School during the opening and closing ceremonies.
3. Other:
Honoring, memorial and other traditional songs will be provided, dependent upon
situations which arise that affect the school community in an effort to further
the student and staff understanding of the community and culture, and
demonstrate respect. Ceremonies
appropriate from a cultural perspective will also be provided.
The Board shall promote activities, which enhance student
understanding of spirituality, however, may prohibit activities, which are
designed to promote a specific “religious” or denominational belief. The administration shall ensure proper
planning and coordination of activities, which will provide students with a
comprehensive rather than restricted definition of spirituality.
The religious freedom rights of Indian Students are
specifically noted in 25 CFR Part 31a, as the BIA policy to: “promote and respect the right to cultural
practices, consistent with the provisions of the American Indian Religious
Freedom Act”.
Teachers shall prepare unit lesson plans in advance. The Principal shall monitor teachers’ lesson
plans through the curriculum maps.
Lesson plans must include goals, standards, indicators, modifications
for Gifted and Special Education, Culture and Technology integration
The Enemy
Swim Day
School will provide a Family Orientation Packet
to each family at the beginning of each school year or upon joining the ESDS
system. The Packet will minimally
include the following information: Student
Handbook, parent policies, website information, communication information to
include the bus phone numbers, parent compact, parent bill of rights, school
year calendar, welcome letter, policy of non-discrimination, School Improvement
Plan.
I. ENROLLMENT
All Indian children with disabilities, ages five (5) through
sixteen (16), enrolled at ESDS have the right to a free and appropriate public education
(FAPE) in the least restrictive environment.
As a K-8 program the special education program does not work with
children from birth through four (4) years of age other than providing
information about early childhood services available through the public schools
responsible for the students on the Lake Traverse Reservation and arranging a
transition meeting each spring to plan for any special needs for incoming
kindergartners eligible for services under IDEA.
II. DEFINITIONS
A. Individualized
Education Program or IEP
An IEP is a written statement for
each child with a disability that defines the special education, related services,
accommodations, modifications, supplementary aides, and services that the
school will provide.
B. Parent
A parent is a biological or adoptive parent, a legal
guardian, foster parent, a surrogate parent appointed by ESDS, or a person
acting in the place of a parent. A
person acting in the place of a parent includes grandparents, stepparent or
other relative with whom the child lives, or who is legally responsible for the
child’s welfare. If the child is a ward
of the State or Tribe, the term “acting as parent” does not apply to BIA/Tribal
personnel.
In determining who has parental rights, the following
individuals are considered in order of priority:
1. the
biological parent who retains guardianship
2. a
person who has legal documentation of being responsible for the child’s welfare
3. a
grandparent, stepparent, or foster parent with whom the child lives, and is
acting as a parent
4. a surrogate parent appointed by ESDS to represent the
child’s interests in educational decisions.
C. Student
A student is an individual between
the ages of 5 and 21, who is enrolled and attending school at ESDS, who has not
earned a high school diploma or its equivalency. A student attending school at
ESDS is not considered enrolled until he/she begins attending school. An
individual will be considered an ESDS student if the last school of attendance
for this or the previous school year was ESDS and the student does not
enroll in another school after transferring or dropping out of ESDS.
D. Disabilities
under IDEA:
1. Autism...a
developmental disability significantly affecting verbal and non-verbal
communication and social interaction, generally evident before age three, that
adversely affects a child’s educational performance. Other characteristics often associated with
autism are engagement in repetitive activities and stereotyped movements,
resistance to environmental change or change in daily routines, and unusual
responses to sensory experiences. The
term does not apply if a child’s educational performance is adversely affected
primarily because the child has a serious emotional disturbance. (As defined
under Emotional Disturbance) NOTE: A
child who manifests the characteristics of autism after age three could be
identified as having autism if the criteria in the primary definition are
satisfied.
2. Cognitive
Impairment (Mental Retardation)...significantly subaverage general intellectual
functioning existing concurrently with deficits in adaptive behavior and
manifested during the developmental period, that adversely affect a child’s
educational performance.
3. Deaf/Blindness...concomitant
hearing and visual impairments, the combination of which causes such severe
communication and other developmental and educational problems that they cannot
be accommodated in special education programs solely for children with deafness
or blindness.
4. Deafness...a
hearing impairment that is so severe that the child is impaired in processing
linguistic information through hearing, with or without amplification, that
adversely affects educational performance.
5. Emotional
disturbance… means a condition exhibiting one or more of the following
characteristics over a long period of time and to a marked degree that
adversely affects a child's educational performance:
a.
an inability to learn that cannot be explained by
intellectual, sensory, or health factors;
b.
an inability to build or maintain satisfactory
interpersonal relationships with peers and teachers;
c.
inappropriate types of behavior or feelings under
normal circumstances;
d.
a general pervasive mood of unhappiness or depression;
or
e.
a tendency to develop physical
symptoms or fears associated with personal or school problems.
i.
The term does not apply to a student who is socially
maladjusted unless a multidisciplinary evaluation team determines that the
student has an emotional disturbance as defined above.
6. Hearing
Impairment... an impairment in hearing, whether
permanent or fluctuating, that adversely affects a child’s educational
performance but that is not included under the definition of deafness in this
section.
7. Multiple
Disabilities... concomitant impairments (such as mental retardation‑blindness,
mental retardation‑orthopedic impairment, etc.), the combination of which
causes such severe educational needs that they cannot be accommodated in
special education programs solely for one of the impairments. Multiple disabilities does
not include deaf‑blindness.
8. Orthopedic
impairment…a severe orthopedic impairment that adversely affects a child's
educational performance. The term
includes impairments caused by a congenital anomaly, impairments caused by
disease (e.g., poliomyelitis, bone tuberculosis, etc.), and impairments from
other causes (e.g., cerebral palsy, amputations, and fractures or burns that
cause contractures.
9. Other
health impaired…having limited strength, vitality or alertness, including a
heightened alertness to environmental stimuli, that results in limited
alertness with respect to the educational environment, that is due to chronic
or acute health problems such as asthma, attention deficit disorder or
attention deficit hyperactivity disorder, diabetes, epilepsy, a heart
condition, hemophilia, lead poisoning,
leukemia, nephritis, rheumatic fever, and sickle cell anemia; and adversely
affects a child's educational performance.
10. Specific
learning disability…a disorder in one or
more of the basic psychological processes involved in understanding or in using
language, spoken or written, that may manifest itself in the imperfect ability to listen,
think, speak, read, write, spell, or to do mathematical calculations, including
conditions such as perceptual disabilities, brain injury, minimal brain
dysfunction, dyslexia, and developmental aphasia. Specific learning
disability does not include learning problems that are primarily the result of
visual, hearing, or motor disabilities, of mental retardation, of emotional
disturbance, or of environmental, cultural, or economic disadvantage.
11. Speech or
language impairment…a communication disorder, such as stuttering, impaired articulation,
a language impairment, or a voice impairment, that adversely affects a child's
educational performance
12. Traumatic
Brain Injury...an acquired injury to the brain caused by an external physical
force, resulting in total or partial functional disability or psychosocial
impairment, or both, that adversely affects a child's educational
performance. Traumatic brain injury
applies to open or closed head injuries resulting in impairments in one or more
areas, such as cognition; language; memory; attention; reasoning; abstract
thinking; judgment; problem‑solving; sensory, perceptual, and motor
abilities; psychosocial behavior; physical functions; information processing;
and speech. Traumatic brain injury does
not apply to brain injuries that are congenital or degenerative, or to brain
injuries induced by birth trauma.
13. Visual
impairment…an impairment in vision that, even with
correction, adversely affects a child's educational performance. The term includes both partial sight and
blindness.
14. Developmental
delay…a student three, four, or five years old may be identified as a student
with a disability if the student has one of the major disabilities listed in
IDEA or if the student experiences a severe delay in development (physical
development, cognitive development, communication development, social or
emotional development, or adaptive development) and reason thereof, needs
special education and related services.
III. FACILITIES,
PERSONNEL, AND SERVICES
A. Facilities
ESDS has a Resource Room for the program: elementary,
and middle school. The facilities are
adequate and accessible. Space is
provided for speech services, occupational therapy, physical therapy,
counseling and other IEP defined student needs.
Program accessibility will be
assured in all existing facilities. In
no event will architectural barriers prevent a child with a disability from
being educated in the least restrictive environment. Program accessibility may be accomplished
through the following methods:
1. redesign
of equipment
2.
reassignment of classes or other services to accessible
buildings
3. assignment
of aides to children
4. home
visits
5. alteration
of existing facilities
6. other methods necessary for providing accessibility to
children with a disability in the least restrictive environment.
B. Personnel
The number of teachers and aides employed at ESDS is
dependent upon the number of students in the special education program and
student defined on IEP needs. ESDS works
in good faith to hire special education staff that are licensed or certified
and who meet the standard of “highly qualified” as defined in the state of South Dakota. The most appropriate and adequately trained
individual available will be hired and be required to pursue the highest
entry-level standards for the profession or position for which the individual
is hired. ESDS administration will work
with the South Dakota Department of Education if the school hires an individual
who does not carry state certification because ESDS is unable to locate and
hire an individual with appropriate certification.
Special education aides currently employed at ESDS have
forty-eight or more hours of post-secondary education, an Associate Arts
degree, or have taken the PRAXIS. ESDS
will work in good faith to ensure that all new special education aides have
forty-eight or more hours of post-secondary education. ESDS will hire the most appropriate and
adequately trained applicant as a “substitute” if there is no applicant
fulfilling this requirement and continue to look for a qualified applicant
until the “substitute” fulfills the 48 hour requirement of No Child Left Behind
and IDEA, or a qualified applicant is found, or the services are no longer
required.
ESDS special education teachers and administration will be
responsible for providing or assisting the aides in finding appropriate
training if additional training is required to work with assigned
student(s). ESDS administration is
responsible for the supervision of all certified and non-certified staff. The certified professional staff member whom
works with an aide will be responsible for the immediate supervision of the
aide. The certified staff member has the
primary responsibility of:
- ensuring
that the aide appropriately implements his/her responsibilities defined on
the IEP
- weekly
planning meeting with the aide, more frequently if needed, to review needs
for students to whom the aide is assigned
- daily review of aide’s activity log, as required by
ISEP.
NOTE: For an
aide assigned to several teachers the main supervisor will be the special
education teacher for the program. Other
teachers to whom the aide is assigned are the aide’s immediate supervisor
during the times that the aide is assisting that teacher’s students.
C. Services
1. Section
504:
ESDS will consider Section 504 of the Rehabilitation Act
during the pre-referral, referral, evaluation and eligibility determination for
services. A person is disabled under the
definition of Section 504 when he/she:
- has
a mental or physical impairment that substantially limits one or more of
the person’s major life activities
- has
a record of such impairment or
- is regarded as having such impairment.
ESDS will develop a 504 Plan, which will be implemented by
the general education program, for a student determined not to be disabled under
IDEA, but is determined disabled under Section 504. ESDS will make “reasonable accommodations”
within this plan. A student’s plan will be annually reviewed each school year
and/or if the student’s eligibility for 504 services changes.
2. Individuals
with Disabilities Education Improvement Act (IDEA)
ESDS provides special education and related services to
students in grades K-8 who meet the State criteria for a child with a
disability. South Dakota criterion for Developmental
Delay allows a child to maintain the Developmental Delay certification up to
age 6. The student will be reevaluated
and the IEP team will determine if the student meets the criteria for one of
the other thirteen IDEA disabilities on or before a student’s sixth birthday.
Speech and other related services such as counseling, social
services, occupational therapy, and physical therapy are provided as determined
by the IEP team and defined on a student’s IEP.
An ESDS student will not be placed in the ESDS Special Education Program
if he/she requires only a related service.
The services will then be provided through general education under
Section 504.
IV. IDENTIFICATION
AND EVALUATION
A. In-school
Child Find Activities
The responsibility for the Child Find process lies with ESDS
administration. The administration will
receive assistance from ESDS special education staff and the Crow Creek Agency
Education Line Officer (ELO) in the implementation of this process. ESDS will
conduct child find by utilizing the following methods:
- publish
ESDS’ notices in local media at least annually
- post
notices in places in the community
- work
with the Early Childhood Program, FACE program and Head Start programs on
the Lake Traverse Reservation to assist with appropriate referrals and
transition into ESDS kindergarten program
- provide
an annual inservice to all staff about the special education process at
ESDS
- conduct general education In-School Screening
Activities to efficiently collect information to determine if a student
should be referred for early intervening services, defined below, or
referred directly for a special education evaluation. The screening process includes, but is
not limited to:
- pre-school
kindergarten screening
- hearing
evaluations
- vision
exams
- school
wide standardized assessment reviews for student concerns &
validation by the students’ classroom teachers
- screening
of a student by a teacher or specialist to determine appropriate
instructional strategies for curriculum implementation
NOTE: Individual
screening is not considered an evaluation for determining a child’s eligibility
for services under IDEA, so parental consent is not required.
B. Early
Intervening Services (EIS):
EIS is a part of the general education program services. A
classroom teacher, school staff member or parent may request that a child
receive EIS. The Teacher Assistance Team (TAT), in collaboration with the
classroom teacher, will determine if a child is appropriately referred.
ESDS will use up to 15% of its Part B allocation, as
determined by the school board, to provide Early Intervening Services (EIS).
EIS funding will be used for:
- professional
development activities supporting:
- scientifically
based academic literacy instruction
- scientifically
based literacy instruction
- use
of adaptive and instructional software
- supplemental
educational and behavioral materials
- educational
and behavioral evaluations
- supplemental
educational and behavioral services
C. ESDS’
Pre-referral Procedures/Teacher Assistance Team (TAT)
ESDS uses a problem solving model of intervention for
students identified as having academic or behavioral concerns. This team is
called the Teacher Assistance Team. It is the building principal’s
responsibility to establish the TAT. Team Members include:
- general
education teachers
- principal/administrative
designee
- counselor
- referring
teacher/person
- Other
staff members and/or school resources as appropriate.
TAT Referral Procedures:
1. STEP 1:
A. A
referral is made to the TAT by the parent, student’s teacher, or other
concerned ESDS staff member.
B. A
meeting is scheduled to review student’s:
a. primary
language
b. student
concerns
c. teacher
data on concerns
d. school
wide data
e. NCLB
assessment tool data
f. Screening
data already collected
g. completion
of appropriate screening tools to assist in determining instructional
strategies for area(s) of concern
C. TAT
team determines appropriate scientifically research based interventions
D. Teacher/Staff
member(s) implements the interventions and collects data for the time period
defined by TAT
2. STEP 2:
A. Team meets to review intervention data
and determines if:
1) intervention(s)
successful
i.
Yes
1. collected
information is placed in student’s cumulative folder
2. intervention(s)
continues if appropriate
ii.
No-Continue to 2
2) TAT
determines if additional interventions should be attempted or if child should
progress to STEP 3.
3. STEP 3:
A. Team
will determine if a referral is needed to a program or service outside of
special education, i.e., 504, Social Services, etc.
B.. If a referral to the special education program is appropriate,
a special education referral form is completed by the designated TAT member and
given to the special education teacher/coordinator along with the
pre-referral/EIS data
The pre-referral process is a requirement under IDEA, but it
will not be used to delay a student’s referral for consideration of a special
education evaluation, if immediate action is warranted.
D. Special
Education Referral:
Parent referrals will be given to TAT to determine if
an immediate evaluation to determine if the child has a disability under IDEA,
or if the child should continue in the pre-referral/EIS process. ESDS will provide the parent(s) with written
notice and Procedural Safeguards upon receipt of a referral.
Staff referrals will be given to the TAT to determine if the
referral is appropriate or if pre-referral/EIS services should be implemented.
E. Initial
Evaluations and Reevaluations
Individual Evaluation is defined as a specific procedure
used selectively with the student to determine whether he/she has a disability
under IDEA, using the South Dakota
criteria, the impact of the disability on the student’s educational
performance, to assess the need for special education and related services and
recommend appropriate interventions.
Parental Consent to Evaluate will be requested, in writing,
for both initial and revaluations, in the areas determined by the evaluation
team. Parents will be informed that
consent is voluntary and can be revoked at any time, by notifying ESDS in
writing. The date the school receives written consent will be documented and
the evaluation process will begin immediately. ESDS will complete the
evaluation process within 60 days of receipt of written consent, or request
written permission, from the parent(s), for an extension.
1. ESDS
evaluation team consists of:
a. parent
of the child or adult student if rights have transferred
b. school
principal or designee
c. special
education teacher working with student
d. general
education teacher that works with the student (as appropriate)
e. related
service provider if appropriate
f. individual
who can interpret evaluation results and implications
NOTE: A team member
may play more than one of the above roles.
2. The
evaluation team reviews the student’s current information and documents:
a. what
additional data is needed to determine if the student has a disability under
IDEA
b. what
evaluation tools will be used to collect the additional data
NOTE: The evaluation team may conduct the review of existing
data and complete the Parental Consent to Evaluate without holding a formal
meeting. Input of all required members, based upon student needs, will be
documented by participants’ signatures.
3. Written
Consent to Evaluate:
a.
Initial Evaluation: Required. ESDS will not proceed with an initial evaluation without
written consent. School administration
will review Procedural Safeguard options to determine appropriate, if a parent
refuses to provide consent.
b.
Reevaluation: Pursued. ESDS will pursue written consent
based upon the review of existing data. ESDS will not pursue a reevaluation if
the parent(s) provide their refusal in writing. ESDS will proceed with a
reevaluation if ESDS has documented 3 attempts to acquire consent and the
parent does not respond.
4. Reevaluation
is the process of evaluating the student to see if he/she continues to meet the
eligibility criteria for the disability for which he/she is currently receiving
services. A reevaluation will be
completed:
a. at
least every three (3) years, unless the parent(s) and school agree that it is
unnecessary
b. if
the student’s parent or teacher request a reevaluation, but only once a
calendar year unless the school and parent(s) agree otherwise
c. if
conditions warrant, such as a substantial change in the student’s performance
d. before exiting a student from the special education program
unless the student is graduating or the parents have requested, in writing,
that their child no longer receive services.
At the time of a reevaluation, ESDS special education staff
will work with the IEP team to review a student’s existing data and determine
what if any evaluations are needed to document if a student continues to be
eligible for services under IDEA. This task will be accomplished through a
formal meeting, or by having the special education teacher gather member input
through individual meetings with members. Input will be gathered from the
parent(s), or the school will document three attempts to acquire such input.
The team can determine:
e. No
Additional Information Needed: The team may agree that no further evaluations
are required to document the student’s continued eligibility.
i.
ESDS will provide the parents written notice of the
team’s decision
ii.
notify the parents’ of their
right to request a reevaluation.
f. Additional
Assessments Needed: The team may determine that additional assessments are
required to document the student’s continued eligibility.
iii.
The evaluation team will define the assessments to be
completed
iv.
ESDS will provide the parents written notice of the
team’s decision
v.
ESDS will request written consent to complete the reevaluation
5. ESDS
ensures that all evaluations:
a. will
be administered in the student’s native language or other mode of
communication, unless it is clearly not feasible to do so
b. will be completed within 60 calendar days, with breaks
greater than 5 calendar days not being included within the 60 day count. ESDS
may extend the evaluation timeline if the parents provide written consent
c. will
be used only for the specific purposes for which they have been validated
d. will
be administered by qualified personnel in conformance with the instructions of
the test procedures, or any change to this will be taken into account in the
eligibility determination and be documented on the summary report
e. will
assess specific areas of educational need using a variety of test and other
evaluation materials
f. will
accurately reflect a child’s aptitude or achievement level or whatever factor
the test is to measure
g. will
be in all areas related to the suspected disability including, if appropriate,
health, vision, hearing, social and emotional status, general intelligence,
academic performance, adaptive behavior, communicative status, and motor
abilities
h. will
include parental input
6. Exceptions
to the Evaluation Time Line: (60 calendar days, excluding breaks greater than 5
days)
a. When
the parent of a child repeatedly fails or refuses to produce the child for the
evaluation(s)
b. The
student transfers into ESDS after an evaluation was initiated at another school
and prior to the student’s eligibility determination for services under IDEA.
1. ESDS
and the parent(s) will agree to a specific time that the evaluation will be
completed
2. ESDS
will discontinue the evaluation process if the parent withdraws consent in
writing
7. Additional
Procedure for a Suspected Specific Learning Disability (SLD):
a. ESDS,
through the use of Early Intervening Services and the Teacher Assistance Team,
will ensure that data exists demonstrating that the student received
instruction and assessments in reading or math, as appropriate:
1. in
a scientifically based general education curriculum, in the general education
classroom and by highly qualified instructors; and
2. at
least one scientific and research based intervention to assist the student in
meeting the school’s approved grade level standards in:
b. ESDS
will use a student’s intellectual ability to assist the team in determining the
presence of a specific learning disability, but it will only be one of the
tools utilized in the eligibility process
c. document
that with the use of EIS and/or TAT the student does not adequately achieve the
school’s grade level standards in one or more of the areas included in the SLD
definition
d. Classroom
observations will be completed:
1. during
the TAT/EIS stages of the referral process
2. in the regular classroom setting by a team member, other
than the student’s classroom teacher, in the area of concern, after Parental
Consent is acquired.
e. The
observer will document how the perceived disability affects the student’s
performance in the classroom.
8. Vocational
Evaluation: For a child enrolled in a secondary education program, a diagnostic
assessment of the ability of the child to benefit from regular or specially
designed vocational education programs may be appropriate. This evaluation should include:
a. an
appraisal of the child's pattern of work behavior
b. the
ability to acquire occupational skills
c. the capacity for successful job performance.
F. Eligibility
Determination
The evaluation team, which includes the parents, will meet
after all of the required evaluations have been completed. The team will review the previously existing
data and any new information gathered during the evaluation to determine the
student’s eligibility for services under IDEA.
A student cannot be identified as a child with a disability if the
reason for such a decision is lack of instruction in reading or math, or
limited English proficiency.
1. The
Eligibility Determination is documented in an Eligibility Report, which upon
completion will be given to the parent(s) and includes:
a. all
the information related to the eligibility criteria for the disability in
question
b. information
about how the student’s disability adversely affects his/her education
c. a
description to the extent an assessment, if any, varied from standard
conditions
d. the
team’s decision regarding whether the student requires special education
services
e. the
date of the eligibility determination
f. the
names and titles of those who participated in the evaluation and eligibility
determination
g. Each
team member will document his/her support for the team’s decision or attach a
separate statement explaining his/her conclusions
2. Additional
Procedure for a Suspected Specific Learning Disability (SLD):
a. The
evaluation report must include a statement that the student has a specific
learning disability and the basis for making the determination
b. The
relevant behavior, if any, noted during the observation of the child and the
relationship of that behavior to the child’s academic functioning
c. Educationally
relevant medical findings
d. The
disability is not primarily the result of:
Visual, hearing
or motor disability
Mental
retardation
Emotional
disturbance
Cultural factors
Environment
Limited English
Proficiency
Lack of
instruction in reading or math
e. A
statement that the child is not able to perform at the child’s grade level
standards after receiving scientific, research-based instruction by highly
qualified instructors
3. Use
of Response to Intervention in determining Specific Learning Disablity:
a. All
items listed in #2 above
b. A
list of the instructional strategies used to address the students area(s) of
concern
c. Documentation
that the child’s parent(s) were notified about the amount of student
performance data that would be collected and general education services that
will be provided
d. Strategies
for increasing the child’s rate of learning
e. Parent(s)’
right to request an evaluation
V. INDIVIDUAL
EDUCATION PROGRAM (IEP) AND PLACEMENT REQUIREMENTS
The IEP is a written and working document developed for a
student with a disability, which outlines his/her total educational program.
A. IEP Effective
By
1. before
special education and related services will be provided
2. within
30 days of the multi-disciplinary team’s decision that the child is eligible
for special education services and upon receiving parental consent for services
under IDEA
3. at
the beginning of each school year for those students already identified as
requiring special education services and for whom the school has acquired
parental consent
4. upon
notification and receipt of an IEP when a student transfers from another
educational facility
B. IEP Meeting
1. a maximum of 30 calendar days from the determination of a
child’s eligibility for special education services (ESDS will work to develop
the initial IEP in the same meeting that the student is determined eligible for
services under IDEA.)
2. at
least annually from the IEP date
3. when
another agency fails to deliver transition services outlined in the IEP
4. to
consider and/or make changes in the IEP or placement, if requested by the
parent
5. at
the reasonable request of any member of the IEP team
6. to
review behavior intervention strategies and/or develop a behavior plan as part
of the IEP
according
to IDEA discipline requirements
C. IEP Team
Participants
- the
parents
- the
student, where appropriate
- school supervisor or designee who is qualified to
provide or supervise the provision of special education to meet the unique
needs of children with disabilities, knowledgeable about the general
education curriculum and the availability of resources, able to commit
resources to ensure that whatever services are set out in the IEP will be
provided.
- the
student’s teacher(s)
- special
education and/or related service providers
- someone
that can interpret evaluation results and implications
- representative
of transition agencies if transition issues are being discussed
- other
individuals at the discretion of the parents or ESDS
NOTE: ESDS
staff may play more than one of the above roles in an IEP meeting.
D. Parent(s)
Participation
ESDS shall take steps to encourage parental/ guardian
attendance at each meeting by:
- working
with parent(s) to schedule the meeting at a mutually agreed upon time and
place
- provide
parent(s) with purpose, time, location, participants invited, and the
parents’ right to bring other people who have knowledge about the student
to the meeting
- use
other methods, such as individual or conference calls, to ensure the
parents’ participation if neither of the parents can attend and documented
in the student’s file
- providing
an interpreter for parent(s) whose native language is other than English
or deaf
A meeting will be conducted without the parents in
attendance, if ESDS is unable to convince the parents to attend, which will be
documented by ESDS. ESDS will maintain records of its efforts to schedule a
meeting at a mutually agreed upon time and place. A minimum of three (3) contacts, for the
scheduled meeting, will be made and documented in the student's file before an
IDEA related meeting will be held without a parent in attendance. If a parent is not in attendance and ESDS
does not have the required documentation, or the parent’s request ESDS to
reschedule the meeting, ESDS will reschedule the meeting. Efforts include:
1. records of
telephone calls made or attempted and their results
2. copies of
correspondence sent and any responses received
3. documentation of
visits made to the home or parent’s place of employment and the results of
those visits.
E. Student
Participation
ESDS students will be encouraged to participate in all of
their IEP meetings. Students will be
formally invited and input pursued by age 16, or if the purpose of the meeting
is to consider transition activities.
ESDS will ensure that the child's performance and interests are
presented and considered at the meeting.
F. General
Education Teachers’ Participation
If a child is participating in the general education
environment, at least one of the child's teachers responsible for implementing
any portion of the IEP will participate in developing the IEP. If a child has more than one general
education teacher, ESDS will designate which teacher or teachers will serve as
IEP team members, based upon the student’s schedule and disability’s affect on
educational performance. Input will be
sought from all of the child's general education teachers who do not attend the
IEP team meeting. Input will be required
for any general education teacher that receives parental excusal as defined
below. Depending on the child's needs and the purpose of the specific IEP team
meeting, the general education teacher need not participate in all decisions,
or be present throughout the entire meeting, or attend every meeting. The general education teacher will
participate in the development, review and revision of the IEP, including:
1. determination
of appropriate positive behavior interventions, supports and other strategies
for the child
2. determination of supplementary aids and services, program
modifications, and supports for school personnel.
3. discussion
of the child's involvement and progress in the general education curriculum
The special education staff member assigned to manage the
student’s file will:
1. make the student’s IEP accessible to any staff members who
are responsible for implementation of the student’s IEP
2. inform staff members of their responsibility for
implementation of the student’s IEP
3. inform the staff members, assigned to the student, of the
student’s accommodations, modifications and supports that will be provided for
the student
G. IEP Team
Member’s Excusal from Meeting
Required IEP team member(s) will be excused from the
scheduled IEP meeting if:
1. parent
and school agree, in writing, that the member can be excused, and
2. member
provides written input, prior to the meeting, for development of student’s IEP
A member of the IEP team who
is not required for the IEP meeting will be excused from the meeting if the
parent and school agree and document their agreement in writing.
H. Contents of
the IEP
ESDS IEP includes the following:
- general
demographic information on the student
- the
projected date for initiation, anticipated frequency, location and
duration of services and modifications
- documentation
of IEP participants
- a
statement of the student’s present levels of academic achievement and
functional performance, which includes:
- the
strengths of the child
- the
concerns of the parent(s) for enhancing the education of their child
- the
results of the initial or most recent evaluation of the child
- how
the child’s disability affects his/her performance in the general
education program
- a
statement of measurable annual goals, which are academic and functional
- students
that will participate in the NCLB Alternate Assessment will have at
least two short term instructional objectives for each goal
- a
statement of how the child’s progress toward meeting the annual goals will
be measured
- frequency and means that the parents will be informed
of the student’s progress toward the annual goals (Parents will be
informed at least as often as the students peer group.)
- a
statement addressing the student’s need for extended school year services
based upon discussion about the following circumstances:
- emerging skill: a critical skill is in the process of
emerging resulting in few, if any, gains made during the regular school
year.
- regression-recoupment: regression to such an extent
and the amount of time required to relearn critical skills or behaviors
become so significant that the student would be unable to benefit from
his or her special education program.
- self-sufficiency: interruption of services would
threaten the acquisition of critical life skills that aid the child's
ability to function as independently as possible, thereby reducing the
student's reliance on caretakers or other institutionalized care.
- a
statement of the special education and related services to be provided to
the student
- a
statement of the accommodations/modifications and supplementary aids and
services that will be provided for the student
- a
statement of the program modifications or supports that will be provided
for school personnel to help the student advance appropriately toward
attaining his/her annual goals and to progress in the general education
curriculum
- position(s)
responsible for providing the specified services
- the
extent to which the student will participate in regular education
programs, nonacademic, extracurricular and other activities, and those
services necessary so the student can participate
- a
statement explaining the extent to which the student will not participate
in general education with his/her peers
- a
description of the nature and duration of physical education services to
be provided to the child
- a statement explaining how the student will participate
in school/statewide assessments and the required accommodations, or an
explanation why the student cannot participate in the regular assessment
and the assessment selected. ESDS students with a Full Scale IQ of 70 or
below will be considered for the Alternate Assessment required by the
Elementary, Secondary Education Act (ESEA-currently No Child Left Behind
or NCLB)
- transition planning will begin with the first IEP in
effect the year the child turns sixteen (16), or younger if determined
appropriate by the IEP team, and be updated at least annually. The IEP
will include:
- appropriate
measurable postsecondary goals, which are based upon age appropriate
transition assessments in the areas of:
i.
training
ii.
education
iii.
employment
iv.
independent living skills-if appropriate
- a
course of study
- transition
services necessary to assist the student in achieving his/her goals
- documentation
that the parent and child were notified, on or before, the student’s 17th
birthday that special education rights will transfer upon his/her 18th
birthday
- behavior
interventions and supports if the team agrees that the student’s behavior
will interfere with his/her ability to learn or if the behavior is so
disruptive that it will interfere with his/her classmates’ ability to
learn
- the
team will consider language needs if the student is Limited English
Proficient
- the
team will consider, based upon an evaluation of the child’s reading and
writing skills, the need for instruction in and use of Braille if the
student is blind or visually impaired
- the
team will consider the student’s communication needs and for a child who
is deaf or hard-of-hearing consider the child’s:
- language
and communication needs
- opportunities
for direct communications with peers and professional personnel in the
child’s language and communication mode
- academic
level and
- full range of needs, including opportunities for
direct instruction in the child’s language and communication mode.
- a statement of any assistive technology device(s) the
student requires for his/her education, which is then provided at no cost
to the parent. The student is
allowed to use the assistive technology device(s) at home or in other
settings, if the IEP team determines that the child needs access to the
device in non-school settings to receive FAPE. ESDS will hold the parents responsible
for the repair or replacement of an assistive technology device if the
damage is caused by student neglect or abuse; normal maintenance is the
responsibility of ESDS.
I. IEP
Amendment
1. Formal
Meeting
a. Special
Education staff will work with the parent(s) to schedule a mutually agreed upon
date, time and location
b. Special
Education staff send out a Meeting Notice informing parent(s) of agreed upon
date, time, location, purpose of meeting, and participants (including outside
agencies).
c. Meeting
is held to review and make necessary amendments
2. Informal Meeting-the parent and the school
may agree to amend a child’s IEP without a formal meeting.
a.
Special Education staff contact parents to request
consent to amend the student’s IEP
b.
Parent and ESDS, during the initial contact, will
discuss changes and come to an agreement on an amendment
c.
Special Education staff documents agreed changes and
send a copy of the changes and a Written Notice to the parents (a full copy of
the amended IEP will be provided for the parent(s) upon request)
d.
Special Education staff notifies student’s IEP team of
the changes and their responsibilities.
J. Placement
Decision
ESDS’ supervisor/designee will take
whatever steps are necessary to ensure that the parent(s) understand the
proposed IEP and educational placement before requesting consent for services
under IDEA. Consent from the parent will be obtained prior to the initial provision of special education
and related services. The placement
decision is reviewed during the development or change of future IEPs. Removal from the general education environment
will occur only when the student cannot be educated satisfactorily with the use
of supplementary aids and services and/or if the student’s behavior is so
extreme that it interferes in the learning of his/her peer group. The IEP team will include an explanation of
the extent the child will not participate with the student’s classmates in all
school activities and the team will document any potential harmful effects of
the placement of the child.
The appropriate IEP placement will be selected from the
following continuum:
General
Education with Accommodations: The child
remains in the general education classroom.
The general education teacher conducts the program. The special education teacher or therapist
works with the general education teacher or paraprofessional to implement the
IEP.
General
Education with Direct Special Education Services: The child remains in the general education
classroom. A special education teacher,
an itinerant specialist, a therapist, or a special education paraprofessional
(appropriately trained and under the direct supervision of a certified special
educator) provides specially designed instruction in the general education
classroom to a child.
General
Education with Resource Room Support:
The child receives as much of the general education classroom
instruction as appropriate. Additional
educational experiences are provided by a special education teacher, an
itinerant specialist, or a therapist in a pull-out program designed to meet
identified needs. The duration of time
spent in the Resource Room is determined by the degree of intervention
necessary to meet the child's needs.
Special
Education with General Education Integration:
The child receives general education classroom instruction from which he
or she can benefit. Integration occurs
with nondisabled peers in the general education classroom during nonacademic
and extracurricular activities. The
majority of instruction is provided in a self-contained setting outside the
general education classroom.
Home
and Hospital Instruction: Special
education personnel provide special education and/or related services in the
home, a convalescent home or a hospital.
Institutional
Services: The child lives in a
residential setting and receives all instruction in this setting. Involvement with nondisabled peers is
provided when possible or appropriate.
K. Juvenile
Justice
ESDS will provide services to a student with a disability
who is placed in a juvenile justice facility by judiciary entities if the
student is enrolled at ESDS at the time of the student’s incarceration and if
services are not provided by the facility. ESDS will contact IHP for assistance
with the educational costs if a student is placed at a JDC with a tuition rate.
L. IEP
Implementation
IEP implementation will be defined on the student’s IEP and
will begin as soon as possible following the IEP development. If the parent
objects to the IEP team's decisions regarding initial placement in special
education, or changes in subsequent IEP's, ESDS will use the following
procedures:
- Parent
Objection to the consent for initial services (Initial IEP).
a. ESDS
will honor the parent’s refusal and not provide special education services or
pursue such services through the Procedural Safeguards of IDEA
b. ESDS
will not be responsible for the provision of FAPE in future actions unless the
parent chooses to give consent for services
- Parent
Objection to Changes in Subsequent IEP's.
a. Parent(s)
may file a written objection to all or parts of the proposed change.
b. If
the written objection is postmarked or hand delivered within 5 days of the date
he or she received Written Notice of the proposed change
1. the
change(s) to which the parent objects will not be implemented
2. If
the change(s) have already been implemented, implementation of the change(s)
will cease.
c. If
the written objection is postmarked or hand delivered 5 days after the date the
parent received Written Notice of the proposed change, the changes to which the
parent objects will continue to be implemented unless ESDS and the parent can
come to an agreement
d. ESDS
and parent may use informal methods such as additional IEP team meetings or
voluntary mediation to resolve the disagreement.
NOTE: A written
objection cannot be used to prevent ESDS from placing a child in an Interim
Alternative Educational Setting (IAES) in accordance with IDEA procedures for
discipline.
- If a
"due process" situation develops, ESDS will implement the IEP
and placement as defined in the hearing officer’s decision, unless an
appeal has been filed by the parent(s) or ESDS
- If
ESDS is unable to provide any or all of the services in the IEP, an ESDS
supervisor will consult the ELO regarding alternate means of providing the
services.
M. IEP Reviews
Formal and informal meetings may be held at any time
throughout the IEP year. Written Notice
will be provided to the parent within five days of both a formal and informal
meeting.
1. When to
review an IEP:
a. a meeting will be held on or before the date of the previous
IEP was developed. This is the Annual Review and requires a formal
meeting.
b. if
a parent believes that the child is not progressing satisfactorily or that
there is a problem with the current IEP
c. if
any other member of the IEP team thinks that the child's placement or IEP
services are not appropriate or the student is not progressing satisfactorily
d. following
the completion of a reevaluation under IDEA
e. additional
information is provided by the parent that warrants review
f. if
a child’s needs change
g. when
a student eligible for service under IDEA transfers to ESDS
h. the
failure of an outside agency to meet the transition objectives
i.
to address the failure of an outside agency to meet its
transition responsibilities
as
appropriate
2. Purposes of
the IEP review:
a. to determine whether the child's annual goals have been
achieved.
b. to revise the IEP if there is a lack of expected progress toward
annual goals.
c. to address information about the child provided to, or by,
the parent.
d. to
monitor continuing eligibility of the child based on an evaluation or review of
a variety of data, which may include formal or informal assessment, and
progress toward IEP goals
e. to write a new IEP, with revised goals and
objectives/benchmarks to meet the child's anticipated needs for the next year.
f. to
amend a student’s IEP for any reason
g. to consider a reevaluation to determine if a child is no
longer eligible for special education services under IDEA.
h. the
development of alternative strategies if an outside agency fails to fulfill its
transition responsibilities
N. Transfer IEPs
When a child who is eligible for special
education or related services transfers into ESDS, ESDS will ensure that the
child receives FAPE by requesting a student’s records from the previous school,
which may require obtaining consent for release of information from the parent. The sending school will be requested to
electronically transmit or overnight mail the IEP, eligibility determination
and other supporting documentation. ESDS
will review, accept and implement the IEP developed by the sending school when
the following conditions apply:
1. child meets ESDS eligibility criteria for special education.
2. IEP is appropriate and can be implemented as
written.
Upon receipt of the eligibility documentation, ESDS will
determine if it will adopt the existing eligibility documentation for services
under IDEA. If ESDS disagrees with the
existing eligibility documentation, or it is not made available within a
reasonable period of time, consent for evaluation will be sought and the
student will be evaluated. ESDS will
develop and implement an interim IEP while the evaluation is in process, if the
parent agrees. If the parent does not
agree to an interim IEP, the child will be placed in general education until
the assessment and evaluation are completed and an IEP is finalized.
ESDS will convene an IEP team meeting to develop a new IEP
if the child's current IEP is not available, or if ESDS or the parent believes
that the IEP is not appropriate. If a
new IEP cannot be developed, the received IEP will be amended until a new IEP
can be developed.
VI. RESIDENTIAL
SCHOOL OR FACILITY PLACEMENT
ESDS will make every attempt to work with a parent and the
student so the student can be educated at ESDS.
However, a residential placement will be pursued if the IEP team
determines that ESDS cannot meet the needs of the student. ESDS will assure that the selected facility
fulfills the requirements of IDEA by participating in IEP and other appropriate
meetings and reviewing the student’s progress reports.
A. Children
placed by ESDS
ESDS will collaborate with the Agency ELO and the BIE
Institutional Handicap Program (IHP) to facilitate the placement and IEP
provision of services for eligible students who are placed in residential
schools or facilities. ESDS will follow
the procedures for admission to appropriate residential placement as outlined
by the BIE guidelines for compliance with IDEA institutional placements of
children with disabilities. This
includes:
- completing
the LRE Considerations document
- notifying
the Crow Creek Agency ELO of the documented decision and justification for
the placement
- providing
the Crow Creek Agency ELO required documents for the residential placement
- collaboration between the administration of ESDS with
the Crow Creek Agency ELO to arrange funding for non-educational needs
through Social Services, IHS, Medicaid, etc.
- assisting
the parent in completion of an application packet to the facility by ESDS
and the parent
- assuring
that parents/legal guardians are involved and agree with each step of the
process
- assist
with transporting the child to the facility by an appropriate agency
- maintain
school and parental involvement in future IEP meetings scheduled in
cooperation with the residential facility
- collaborating
with the parent/legal guardian and residential school or facility staff to
facilitate the child's transition back to ESDS when determined appropriate
by the IEP team
ESDS will work with IHP to facilitate
the parent's participation in all IEP meetings, reimbursement for travel and
other associated costs related to required meetings and activities as defined
in the IEP.
B. Unilateral
Placement by Parents
Upon a parent's request for reimbursement of costs
associated with the unilateral placement of their child, an ESDS administrator
will convene an IEP or evaluation team (including the parent) to discuss and
act on the parent's request. The team
will review if a Free Appropriate Public Education (FAPE) was made available to
the child in a timely manner, if the parents informed the IEP team that they
were rejecting the child's proposed placement and their intent to enroll the
child in a private school at ESDS expense, or if the parent provided written
notification of the same to a ESDS administrator at least 10 business days
(including holidays that occur on a business day) prior to removing the student
from ESDS. ESDS will provide the parents with a Written Notice explaining the
team’s decision and the parent’s right to request a due process hearing if they
disagree with ESDS in regard to the provision of FAPE
VII. PROCEDURAL
SAFEGUARDS & CONFIDENTIALITY
A. The Special
Education Procedural Safeguards Brochure
ESDS will provide and review with parents the Procedural
Safeguards/Parents’ Rights brochure developed by BIE. ESDS will take steps to ensure that the
notice is communicated to the parent in his/her native language or mode of
communication and that the parent understands the content of the written
communication. ESDS will maintain written evidence that the Procedural
Safeguards were provided and understood by the parents.
ESDS will provide the Procedural Safeguards/Parents’ Rights
brochure once a school year and:
- upon
an initial referral
- upon
a parent’s request for evaluation
- upon
a parent’s request
- the
date on which the decision is made to make a change in placement because
of a violation of a code of student conduct
- upon
receipt of the first IDEA complaint to BIE in a school year
- upon
receipt of the first due process complaint under IDEA in a school year
B. Written
Notice
ESDS will ensure that any Written Notice is communicated in
the native language of the parents so that they understand the content of the
notice and that there is written evidence that the notice requirements have
been met.
1. ESDS
will provide written notice within 5 days of decision to:
a.
Propose to initiate or change the identification of the
child
b. Propose
to initiate or change evaluation of the
child
c. Propose
to initiate or change the provision of FAPE to the child
d. Propose
to initiate or change the educational placement of the child
e.
Refuse to initiate or change the identification of the
child
f. Refuse
to initiate or change evaluation of the
child
g. Refuse
to initiate or change the provision of FAPE to the child
h. Refuse
to initiate or change the educational placement of the child
i.
Refuse to complete a reevaluation because the
assessment team finds that no additional evaluations are necessary to determine
if a student continues to meet the eligibility criteria for services under
IDEA. ESDS will inform the parents of their right to request a reevaluation and
comply with that request, if it is made by the parents.
2. Content of Written Notice:
a.
a description of the action proposed or refused by ESDS
b.
an explanation why the school proposes or refuses to
take action
c.
a description of the data the school used to make its
decision
d.
a description of the other options the school
considered and why those options were rejected
e.
a description, if any, of other factors relevant to the
school’s decision
f.
notice that the parents have protections under the
Procedural Safeguards and how a copy of the Safeguards can be acquired, if it is
not included with the Notice
g.
sources for parents to contact for assistance in
understanding the notice and/or Procedural Safeguards
C. Confidentiality
and Access to Records
ESDS will collect, use and maintain information about a
child to make decisions about special education and the provision of FAPE. ESDS will follow IDEA, PPRA and FERPA
provisions, which protect the confidentiality of personally identifiable
information in student special education records. These provisions also provide for the right
to review and inspect records.
Consent is required only when disclosing personally
identifiable information to unauthorized persons, unless provided as an
exception under the Family Educational Rights & Privacy Act (FERPA) or
Protection
of Pupil Rights Amendment
(PPRA). Written
consent specifies the records that will be disclosed, states the purpose of the
disclosure, and identifies the party to whom the disclosure will be made. ESDS will inform the parent that the approval
is voluntary and may be revoked at any time prior to the action.
1. Definition of a Record
A "record"
is defined as personally identifiable information directly related to the child
and maintained by ESDS.
B. ESDS
will provide a list and location of records for a student upon parental request
2. Protection of Records
ESDS will prevent unauthorized
disclosure of personally identifiable information pertaining to children with
disabilities. To ensure protection of
records, ESDS will implement the procedures defined in this document to ensure
the confidentiality of personally identifiable information at collection,
storage, disclosure, and destruction stages.
a. obtain
written and dated consent from the parent before disclosing personally
identifiable information:
1. to
unauthorized individuals, or
2. when the information is to be used for any purpose except as
required for IDEA.
b. designate and train a records manager to assure security of
confidential records for children with disabilities.
c. maintain
a log of requests for and access to education records if the disclosure is not
to:
1. a parent.
2. authorized
employees of ESDS
d. include in a log, the name of individual accessing records,
date of access, and purpose for accessing the records. Records of denials or partially fulfilled
requests will also be maintained
e. maintain
a current listing of names and positions of employees who may have access to
personally identifiable information
f. ensure
that, if any education record includes information on more than one child, a
parent will only be allowed to inspect, review, or be informed about his/her
child
g. ensure
that each person collecting or using personally identifiable information
receives training or instruction regarding the policies and procedures
governing confidentiality
All ESDS staff members will be informed
what is considered appropriate and inappropriate access to and use of
information within the records. ESDS
will maintain a record of the training provided, including the name of the
person(s) providing the training, dates of training, participants of the
training, and specific subjects covered.
Training will be provided to new staff as soon as possible after they
have been hired.
3. Access to Records
The parents or their representative
may inspect and review any record relating to educational matters of their
child that is collected, maintained, or used by ESDS. ESDS will assume that a custodial or
non-custodial parent has authority to inspect and review a record relating to
his/her child unless there are legal documents limiting access to those records
under Tribal/State law. A minor child's
address will be deleted from any record if requested in writing by a custodial
parent to prohibit a non-custodial parent from learning the address simply by
having access to ESDS' records.
ESDS will make records available to
the parent for review:
a.
without delay, but no later
than 45 days after the request.
b.
before any meeting regarding
an IEP.
c.
at least 5 days before any due
process hearing.
Upon request, ESDS will provide the
parent a list of the types of educational records ESDS collects, maintains, or
uses and where they are kept. ESDS will
respond to any reasonable request made by a parent for the explanation and
interpretation of a record. ESDS will
provide a copy of requested educational records upon parental request.
4. Destruction
of Records
ESDS will
maintain education records to demonstrate fiscal and program compliance with
IDEA requirements. ESDS will inform
parents/adult students when personally identifiable information collected,
maintained or used by ESDS will be destroyed because it is no longer needed to
provide educational services to the child.
The parents/adult student will be informed of the intention to destroy
the personally identifiable information no less than 45 days from the date of
scheduled destruction. This notice
informs parents of the procedure they are to follow if he/she wishes to
formally object to the destruction of the information and wants the records
sent to him/her. Parents are informed at
this time that the records may be needed for Social Security benefits or other
purposes in the future.
ESDS will shred
or burn the records, under supervision of the staff member responsible for the
records, if not released to the parent.
A log will be maintained that documents the date of destruction or
release of records.
If a parent/adult
student requests that personally identifiable information, no longer needed for
educational decisions, be destroyed, ESDS will comply with this request.
NOTE: ESDS is currently
prohibited from the destruction of student records because of the Cobell and
Norton court case. No records will be
destroyed until this prohibition is lifted.
Parents will be notified before records are destroyed after the ban has
been lifted.
5. Archival of Records
ESDS will work with the Education
Line Office to follow BIE Policy and Procedure for the archiving of student
data. Student files will not be archived prior to the student’s graduation from
ESDS or the age of 22. ESDS will maintain a list of archived files and how the
files can be accessed if requested by the individual or his/her representative.
6. Request for Amendment of Records
If a parent requests ESDS to amend the records he/she
believes to be inaccurate, misleading or in violation of the privacy or other
rights of the child, ESDS will use the following procedure:
a. within a reasonable amount of time (not to exceed 15 days),
ESDS decides whether to amend the record.
b. if ESDS refuses to amend the record, the parent will be
informed of the refusal and be advised of the right to and the procedure for
requesting a school hearing. If the parent requests a school hearing, and ESDS
decides the information in the records is inaccurate, misleading, or in
violation of the child's rights, ESDS will amend the record and inform the
parent in writing.
c. if the parent requests a school hearing, and ESDS decides
the information is accurate and does not violate the child's rights, ESDS will
inform the parent that he/she may place a statement in the record. The statement placed in the record by the
parent accompanies the record as long as ESDS maintains it.
d. if the record is disclosed to any person, the parent's
statement is also disclosed.
7. ESDS Hearings on Procedures for Records
If a parent requests a school hearing
on a proposed amendment of education records, ESDS will follow these
procedures:
a. the
hearing will held within a reasonable amount of time after receiving the
request
b. provide
the parent/adult student a notice of the date, time, and place reasonably in advance
of the scheduled hearing
c. the
hearing will be conducted by an employee
of ESDS or other individual who does not have a direct interest in the outcome
of the hearing
d. the
parent is given full and fair opportunity to present evidence relevant to the
issues raised
e. the
parent may, at his/her choice, include an attorney
f. make
a decision in writing within a reasonable period of time after the hearing
g. the
decision is based solely on the evidence presented at the hearing and includes
a summary of the evidence and reasons for the decision
h. amend
the record and inform the parent in writing if ESDS decides that the
information is inaccurate, misleading, or in violation of the child's rights
i.
inform the parent that he or she may place a statement
in the record if ESDS decides the information is accurate, not misleading and
does not violate the privacy or rights of the child
j.
include a parent’s statement
commenting on the information in the record or that sets forth the parent's
reasons for disagreeing with ESDS. (Any
statement placed with a record will accompany the record for as long as ESDS
maintains the record. If the record is
disclosed by ESDS to any person, this statement will also be disclosed.)
8. Civil Rights
When the special education rights
transfer at the age of majority, age 18, ESDS will inform the parent and adult
student that IDEA and FERPA rights have transferred from the parent to the
student unless legal action has been taken to acquire conservatorship.
D. Educational
Surrogate Parents
ESDS cannot appoint a surrogate parent when the biological
parent is available but chooses not to participate. ESDS makes a good faith effort and maintains
records of attempts to locate parents.
1. ESDS
will appoint a surrogate parent when:
a. a
parent cannot be identified
b. a
parent cannot be found
c. the
child is in the Tribe's/State's custody and no one who meets the definition of
a parent can be identified or located
2. ESDS will see that
the Surrogate Parent:
a. has
knowledge and skills that ensure effective representation
b. does
not have an interest that conflicts with the interest of the child
c. is
not an employee of the BIE, ESDS, or any other agency that is involved in the
education or care of the child
ESDS will train surrogate parents in the special education
process and Procedural Safeguards.
§ Independent
Educational Evaluation (IEE)
An independent educational
evaluation means an evaluation conducted by a qualified examiner who is not
employed by ESDS and is completed at no expense to the parent(s).
1.
Right to an Independent Evaluation
A parent has the right to one IEE
at ESDS’ expense each time ESDS conducts an evaluation with which the parents
disagrees.
2. Procedures for
Requesting an IEE
ESDS parents
are requested to complete a written request for an IEE. ESDS staff will provide assistance in
completing this request upon parental request. ESDS may ask why the parent
objects to the school’s evaluation, but will not use this to delay the parent’s
request for an IEE..
3. School
Responsibilities Following an IEE Requests
Upon receipt of a request for an
IEE, ESDS will either provide the parent with the information necessary to
complete an IEE or file a Due Process Complaint to show that its evaluation is
appropriate. If the final decision of a hearing officer, or a court decision on
an appeal, is that the evaluation conducted by ESDS was appropriate, the parent
still has the right to an IEE, but at his/her own expense.
ESDS will
provide the parent with IEE requirements:
a.
the criteria under which the evaluation is obtained
b.
the location of the evaluation
c.
the qualifications of the
examiner must be the same as the criteria that ESDS uses when it initiates an
evaluation, to the extent those criteria are consistent with the parent's right
to an independent evaluation.
d.
the maximum allowable charges
for specified assessments to eliminate unreasonably excessive fees, including
travel costs for necessary services not available in the community.
NOTE: If, due to unusual
circumstances, it is not possible to obtain an IEE within ESDS’ cost
limitations, ESDS will not deny the IEE because the cost will exceed their
limitation. ESDS will not impose other
conditions or timelines if doing so would be inconsistent with the parent's
right to an IEE.
4. If
a parent asks ESDS to pay for an IEE that has already been obtained, ESDS will
do one of the following:
a. Pay
for the IEE if it meets the criteria for a school funded IEE's.
b. Request
a due process hearing to demonstrate:
1. the
evaluation obtained by the parent did not meet the criteria for a school funded
IEE's
2. that ESDS’ evaluation is appropriate.
5. Consideration of the
IEE Results
ESDS will meet to review the IEE
and determine if it meets the criteria for an IEE. If the IEE is appropriate,
it will be reviewed to determine if a student’s current eligibility for IDEA
services or current IEP should be amended. The IEE will also be used in the
development of future IEP services as appropriate.
6. If a Due Process Hearing Officer requests an
IEE as part of a hearing, the evaluation will be completed at ESDS' expense.
F. Mediation
ESDS will encourage its parents to access the mediation
system developed by the BIE to help resolve disagreements between parents and
schools regarding identification, evaluation, the continued educational placement,
and the provision of FAPE for a student.
ESDS will not request mediation if a parent refuses to provide
initial consent for services.
Parental participation in the mediation process is voluntary and will
not be used to delay a request for Due Process.
Requests of mediation are made to the Bureau of Indian
Education/Office of Indian Education Programs, which is responsible for
ensuring that the Mediation process defined in IDEA is met. ESDS will assist
the parent in completing and submitting a Request for Mediation or contacting
BIE to request mediation. BIE may be contacted at:
Bureau of Indian
Education
1011 Indian School
Road, Suite 332
P.O. Box 1088
Albuquerque, New Mexico 87103-1088
Phone: 505-563-5281
Fax: 505-563-5282
www.oiep.bia.edu
ESDS will work with the parents, BIE and the BIE assigned
mediator to ensure that:
- the
mediator receives all necessary documentation
- the
mediation session is scheduled in a timely manner
- the
mediation session is scheduled in a location convenient for the parents
and school
- all discussions that occur during the mediation process
remain confidential and cannot be used as evidence in any subsequent due
process hearing or civil proceeding.
A written agreement will be drafted
between ESDS and the parents if the mediator can assist in the resolution of
the dispute. This agreement will be signed by the parent and ESDS, and is
binding and enforceable.
G. Complaint
Procedures
ESDS will have the BIE Complaint Form available for a parent
or organization that wishes to file a complaint. Upon request, ESDS will assist
the parent or organization in completing and filing a signed Complaint Form or contacting BIE for such assistance. BIE
may be contacted and/or a Complaint form submitted to:
Bureau of Indian
Education
1011 Indian School Road, Suite 332
P.O.Box 1088
Albuquerque, New Mexico 87103-1088
Phone: 505-563-5281
Fax: 505-563-5282
www.oiep.bia.edu
ESDS will assist BIE, as requested, to provide for a timely
resolution of the complaint. The school
will implement corrective actions if required as a part of the complaint
resolution.
H. Due Process
Hearing
ESDS will work with the parent, parent’s representative (if
appropriate), BIE and the BIE appointed Hearing Officer to assist in meeting
the IDEA timelines for a Due Process Hearing. ESDS will have the BIE Due
Process Complaint form available for a parent, the parent’s
representative/attorney or the school to file a Due Process Complaint. The
parent or their representative must forward a copy of the complaint to the
school, or the school will forward a copy to the parent. The individual filing
the complaint is responsible for forwarding the completed complaint to BIE:
Bureau of Indian
Education
1011 Indian School Road, Suite 332
P.O. Box 1088
Albuquerque, New Mexico 87103-1088
Phone: 505-563-5281
Fax: 505-563-5282
www.oiep.bia.edu
NOTE: BIE will not schedule a
hearing for a due process complaint unless the complaint that it receives is
complete.
ESDS may initiate a due process
hearing to:
- override a parent's refusal of consent for an
evaluation, or release of information
- ask a hearing officer to maintain the placement of a
child in an IAES for disciplinary reasons
- determine whether an evaluation conducted by the
school was appropriate
- determine if an evaluation
obtained by a parent meets the criteria for an IEE.
Timelines
- a
resolution meeting will occur:
a. within
30 days of receiving a due process complaint, or
b. ESDS
and the parents must agree, in writing, to wave the resolution process
- a
due process hearing will occur and
a final decision rendered within 45 days from:
a. the
date the resolution meeting was held
b. the
end of the 30 day time period for a resolution meeting
c. ESDS
and the parents agree, in writing, to wave the resolution process
NOTE: ESDS
will request that BIE reject the complaint if the parent refuses to participate
in a resolution meeting
Upon filing or receipt of a Due
Process complaint ESDS will: (In order)
1.
inform the parent(s) of any free or low-cost legal and
other relevant services available
2.
notify the School Board of the complaint
3.
review the complaint to
determine if it meets IDEA requirements and contact the Hearing Officer within
15 days of receipt of the complaint, if ESDS determines that the complaint is
insufficient. A complaint must include:
a. name
of child
b. address
of the residence of the child or contact information if the child is homeless
c. name
of school
d. reason
why complaint is being filed and facts related to the reason
e. a
proposed resolution to the complaint
4.
provide the parent a Written Notice, addressing the
complaint, within 10 days of receipt of the Due Process Complaint
5.
Offer Mediation as a tool to address the concern(s) of
the complaint (See Section F)
6.
Take the necessary steps to implement the Resolution
Process (See Section I, below)
7.
If the complaint cannot be resolved through mediation
or the resolution process, ESDS will:
a. Disclose
all evidence related to the complaint at least 5 business days before the
hearing
b. Disclose
all evaluations completed and recommendations based upon those evaluations at
least 5 business days before the hearing
c. Arrange
for an individual or equipment to provide a written verbatim record of the
hearing, or at the option of the parent an electronic version
d. Provide
a copy of the hearing
e. Ensure
that the parents receive the hearing officers fact(s) and decision(s) or provide a copy to the parent at no expense
to the parent
f. Honor
the hearing officer’s decision or appeal to BIE for an impartial review
g. Honor
BIE’s reviewing official’s decision
I. Resolution
Process
Resolution process is a new part of
the Procedural Safeguards that is meant to encourage the parent and school to
resolve a concern(s) without the use of a Due Process Hearing. The resolution
period may be as long as 30 days from the school’s receipt of a complaint and
is not included in the 45 day timeline established for a Due Process Hearing.
ESDS will:
- schedule
a meeting with the parent and relevant members of the IEP team, within 15
days of the receipt of the complaint (ESDS is not responsible for attorney
fees if a parent brings an attorney)
- work
with the parent to resolve the concern(s) filed within the complaint
- request
that the complaint be dismissed if the school has documented reasonable
efforts to hold the meeting and the parent has refused to participate
NOTE: The parent may request the
hearing officer begin the due process hearing if ESDS does not implement the
resolution meeting within 15 days of receiving the complaint or if ESDS fails
to participate in the meeting.
Any agreement reached in a
resolution meeting:
1. is
legally binding
2. must
be signed by both ESDS and the parent
3. is
enforceable in court
NOTE: The parent or ESDS may void
the agreement within three (3) business days of the agreement’s execution.
The resolution process will be waved if:
- the
parent and ESDS agree in writing
- the
parent and ESDS agree to use the mediation process
J. Stay Put
Stay Put refers to the educational placement of a child when
a change in placement will occur and the parent is utilizing IDEA Procedural
Safeguards to prevent the change in placement. A student will remain (stay put)
in the student’s current educational placement during a:
- mediation
process
- resolution
process
- due
process hearing
- a
civil action
Stay Put does not apply if:
- ESDS
and the parent agree to a change in placement
- the
student is being placed in an Interim Alternative Educational Setting
(IAES) for:
- bringing
or possessing a weapon at school, on school premises or at a school
activity
- knowingly
possesses or uses illegal drugs or solicits the sale of a controlled
substance at school, on school premises or at a school activity
- inflicts
serious bodily injury upon another person while at school, on school
premises or at a school activity
K. Expedited Due
Process Hearings & Resolution Meetings
ESDS’ responsibilities for an
expedited due process hearing and resolution meeting remain the same as for a
traditional due process hearing and resolution meeting. The things that change
are the timelines and the standard to determine if the complaint is sufficient.
(See Due Process and Resolution above for guidance)
ESDS will request an expedited
hearing if:
- Administration
believes that maintaining the current placement of the child is
substantially likely to result in injury to the child or others
- The
IAES will expire, and the school maintains that returning the child to
classes child is substantially likely to result in injury to the child or
others
A parent may request an expedited hearing if:
- He/She
disagrees with the determination that the child's behavior was not a
manifestation of the disability.
- He/She
disagrees with the school's discipline decision, which resulted in a
change of placement.
Timelines
- Due
process hearing must occur and a
final decision rendered within 20 school days of the date the complaint
was filed unless the complaint is withdrawn
- Resolution
meeting must occur within 7 days of receiving the notice of the due
process complaint and must be completed within 15 days or ESDS and the
parent must agree to waive the resolution meeting in writing
L. Attorney’s
Fees
ESDS will pay attorney fees as
determined by the courts and the rules established in the Individuals with
Disabilities Education Improvement Act (IDEA).
ESDS retains the right to pursue
its attorney fees from a parent or the parent’s attorney if it is determined
that their actions were frivolous, unreasonable or without foundation.
M. Discipline of
Children with Disabilities
Children with disabilities who are subject to disciplinary
actions by ESDS are entitled to the same due process rights afforded children
without disabilities. All children with
disabilities who have been suspended without services for more than 10
cumulative school days in a school year, or expelled without services for more
than 10 cumulative school days in a school year, or experience multiple
short-term suspensions with or without services that constitute a change in
placement retain the right to FAPE. Whether the student experiences a change in
placement will determine if the school or the IEP team decides where and what
services the student will receive.
1. General Discipline Rules for Children with
Disabilities
a. ESDS
administration may suspend a special education student for up to 10 school days
in a school year using the same procedures that are used for other children,
without regard to FAPE, unless the student has a behavior intervention plan
(BIP) related to the disciplinary action.
b. IDEA
discipline procedures and limitations only apply when ESDS personnel and a
parent are unable to reach an agreement on how to respond to a child's
behavior.
2. Discipline Options
When a child engages in misbehavior
that violates the school's disciplinary policy, the school may use the
following options:
a. Short-term
suspensions
1. ESDS
administration can order the removal of a child with a disability from his/her
current setting for not more than 10 consecutive school days for any violation
of any school rules or code of conduct.
2. Short-term
suspensions can be applied only to the extent that they would be applied to
children without disabilities.
b. Additional
short-term suspensions
ESDS administration can order additional
removals of not more than 10 consecutive school days in the same school year
for separate incidents of misconduct with these conditions:
1. They
must not constitute a pattern of removals resulting in a change of placement.
2. After
a child has been removed for more than 10 school days, the school provides
appropriate services during any subsequent days of removal in that school
year. School personnel determine the
extent of services that are necessary to enable the child to participate in the
general education curriculum and progress toward meeting the goals of the student’s
IEP.
3. Additional steps for any suspensions after
reaching 10 school days (individual or cumulative) in a school year:
a. ESDS
administration will determine whether the additional disciplinary action will
result in a change in placement:
1. Series
of removals total more than 10 school days in a school year;
2. Child’s
behavior is substantially similar to the child’s behavior in previous incidents
that resulted in the series of removal; and
3. The
length of the previous removals, the total amount of time the child has been
removed and the proximity of the removals
b. Provide
the parent/adult student with Written Notice of the disciplinary action to be
taken and the schools determination on whether a change of placement will
occur.
c. Provide
the parent with a copy of the Procedural Safeguards
d. Provide
FAPE for removals that exceed 10 cumulative school days in a school year and
for any additional removals in that same school year. School personnel will
determine what FAPE is if the disciplinary action is not deemed to result in a
change in placement.
4. Special Circumstances:
A student will be placed in an Interim
Alternative Educational Setting (IAES) for up to 45 school days, to the same
extent that non-disabled children would be placed in an IAES or removed from
school, if:
a. The
child possesses or carries a weapon to school, school premises or a school
function.
b. The
child knowingly possesses, carries, or uses illicit drugs, or sells or solicits
the sale of a controlled substance while at school, on school premises or a
school function.
c. The
child inflicts serious bodily injury upon another person while at school, on
school premises, or at a school function
The IAES placement will not be
affected by whether the incident was a manifestation of the student’s
disability in these special circumstances and the “Stay Put” option does not
apply if a parent utilizes IDEA Procedural Safeguards. The IEP team will
determine the IAES and services required to meet FAPE.
5. Hearing Officer
Ordered IAES
ESDS administration may request an
expedited due process hearing (page 27) to ask a hearing officer to place a
child in an IAES for up to 45 school days if:
a. the
current placement is likely to cause injury to the student or others
b. prior
to the conclusion of an IAES if ESDS administration believe that returning the
student to the general education program is likely to cause injury to the
student or others
6. FAPE Requirements in
an IAES
The student’s IEP team determines
the IAES, which will:
a. Be
selected to enable the child to continue to participate in the general
education curriculum, although in another setting.
b. Allow
the child to progress toward meeting his or her goals
c. provide, as appropriate, a functional behavioral assessment
and behavior interventions to address the behavior violation so it does not
occur again.
7. Manifestation
Determination
ESDS will not complete a
Manifestation Determination, a Functional Behavioral Assessment or a Behavior
Intervention Plan unless a student experiences a change in placement, as
determined by ESDS. ESDS will notify the parent if a disciplinary action
resulting in a change in placement occurs and provide the parent with the Special Education Rights Brochure not
later than the date on which the decision to take the disciplinary action is
made.
The manifestation determination
includes a review of the relationship between the child's disability and the
behavior subject to disciplinary action.
Within 10 school days of the decision to make a change in placement,
ESDS will schedule an IEP meeting to determine:
a. if
the behavior was caused by, or had a direct and substantial relationship to,
the child’s disability; or
b. if the incident was related to the school’s lack of
implementing the student’s IEP. (ESDS will take immediate actions to correct
the concern(s) if the IEP team determines that the IEP was not being correctly
implemented.)
In making the determination, the
IEP team will:
a. consider
all relevant information in the student’s IEP:
1. evaluation
and diagnostic results, data,
2. teacher
observations
3. the
child's IEP and placement
c. and
other relevant information supplied by the parent
If the IEP team determines that
either of the standards listed above were met, the behavior will be considered
a manifestation of the child's disability and ESDS will take the following
steps:
a. Conduct
a functional behavioral assessment and Develop a Behavior Intervention Plan, or
b. Review
an existing Behavior Intervention Plan and modify it as appropriate
c. And
return the student to the placement from which the student was removed unless
ESDS and the parent agree to a change in placement
If the IEP team determines that the
behavior was not a manifestation of the student’s disability, ESDS will:
a. the
same disciplinary procedure applicable to children without disabilities,
including long-term suspension or expulsion may be applied to the child with a
disability
b. ESDS
will provide education services to enable the child to continue to participate
in the general education curriculum, although in another setting, that will
allow the child to progress toward meeting his or her goals
c. Receive,
as appropriate, a functional behavioral assessment and behavior interventions
to address the behavior violation so it does not occur again.
8. Parent Request for an Expedited Hearing (See
Expedited Due Process Hearing)
The parent may request an expedited
due process hearing if he or she:
a. Disagrees
with any decision of ESDS or the IEP team regarding a change of placement
during disciplinary proceeding.
b. Disagrees
with a determination that the child's behavior was not a manifestation of the
child's disability; or
A decision of a hearing officer in
an expedited hearing may be appealed to federal or state district court.
9. Placement During an
Expedited Hearing
If a parent or ESDS request a due
process hearing to challenge an IAES or the manifestation determination, the
child remains in the IAES until the timeline for that placement expires or the
hearing officer renders a decision, whichever occurs first.
10. Protections
for Children Not Yet Eligible for Special Education
A child who has not been determined
eligible for special education services and who has engaged in behavior
resulting in a disciplinary action, may
assert any of the protections of IDEA if the school had knowledge that the
child may have had a disability before the behavior that precipitated the
disciplinary action.
a. ESDS
will provide IDEA protections for a disciplined student if:
1. The
parent has expressed concern to ESDS administration or a teacher of the student
that the child is in need of special education and related services. The concern must be expressed in writing
unless the parent is unable to write or has a disability, which prevents a
written statement.
2. The
parent had requested an evaluation of the child.
3. The
teacher of the child, or other school personnel, have expressed concern about
the behavior or performance of the child to the special education teacher
(COORDINATOR IF THE SCHOOL HAS A COORDINATOR), or ESDS administration in
accordance with the school's established Child Find or special education
referral process.
b. ESDS
will not provide IDEA protections for a disciplined student if:
1. An
evaluation was conducted and a determination was made that the child did not
have a disability; or
2. The
evaluation team determined that an evaluation was not necessary and written
notice of that decision was provided to the parent; or
3. the
parent of the child has not allowed an evaluation; or
4. the
parent has refused IDEA services
11. Parent Request for
Evaluation of Disciplined Child not currently IDEA eligible
If a parent
requests that his/her child be evaluated while being disciplined, ESDS will
conduct the evaluation in an expedited manner.
Pending the results of the evaluation, the child will remain in the
educational placement determined by ESDS. If a child is not determined to be
eligible for special education, he or she is subject to the same disciplinary
action that applies for all children.
If a child is subsequently
determined eligible for special education, the school will:
a. Conduct
an IEP team meeting to develop an IEP.
b. Conduct
a manifestation determination review.
1. If
the behavior is determined to be related to the child's disability, the
disciplinary action will be set aside and the child will be provided
appropriate educational services in the LRE.
2. If
the behavior is not related to the child's disability, the child is subject to
the disciplinary placement that had been determined and ESDS will provide FAPE.
12. Referrals to and
Action by Law Enforcement and Judicial Authorities
The school may report a crime
committed by a child with a disability to appropriate authorities. The IDEA ‘04 does not prevent State or Tribal
law enforcement or judicial authorities from exercising their responsibilities
with regard to crimes committed by a child with a disability. ESDS will provide
copies of the special education and disciplinary records of the child to the
appropriate law enforcement authorities for their consideration, to the extent
the release of records is permitted by FERPA.
VIII. DISCONTINUATION
OF SERVICES, GRADING AND TRANSCRIPTS
A. Student who
is no longer eligible for services
ESDS staff does on-going progress monitoring for all
students receiving special education services.
The special education teacher will work with students’ teachers and
parents to determine if a student continues to need services under IDEA. The
special education teacher will complete an assessment plan through informal
meetings with a student’s:
1. teacher(s)
2. related
service providers (if appropriate)
3. principal
ESDS special education personnel will meet with the parent
to review the recommended evaluations and request parental consent to evaluate.
A meeting will be scheduled with ESDS staff to review the assessment plan if
the parent requests a formal meeting.
Upon completion of the evaluations, the special education teacher
will work with the parent to schedule a meeting that is mutually agreeable to
the parent, so the IEP team can review the evaluation data, the eligibility
criteria for the disability in question, and make a determination on whether
the student continues to be a student with a disability under IDEA. If the
student is found to be no longer eligible, written notice is sent to the
parents regarding discontinuation of special education services.
B. Student
Receives HS Diploma
The IEP team will review a student’s progress toward
graduation by reviewing the IEP. The IEP
team will discuss a student’s exit from services because of expected student
graduation at least one year prior to the student’s actual graduation. The special education teacher will send
written prior notices to the parents of all special education students who will
be receiving a regular high school diploma.
The notice will inform parents of the upcoming discontinuation of
special education services upon graduation.
C. Student
Reaching Maximum Age
The IEP team will discuss a student’s exit from services,
for a student who is reaching maximum age, at least one year prior to the
student’s 22nd birthday, under ISEP regulations. The special education teacher will send
written notice to the parent and/or students who have not yet graduated but
will be turning 21 years of age. Special
Education students who turn 22 during the course of the school year may
complete that school year. The school
will work with the parent/student to assist with the student’s transition into
adult services, as appropriate.
D. Change in
ESDS’ Obligation to Provide Services
1. Student
transfers to another school:
Upon the receipt of a request for
the records of a special education student, the special education teacher will
send the documents formally requested, but no less than the student's most
recent IEP, eligibility documentation, and parent consent for placement in
overnight mail or by fax to the new school.
2. Student
who drops out of ESDS:
The special
education teacher places a signed and dated note in the student's special
education confidential file regarding the student's dropping out of
school. The student's file is placed in
the inactive section of the filing cabinet in the special education classroom.
E. Parent/Adult
Student Request for Withdrawal from Special Education
Upon receipt of a parent’s written request for withdrawal of
their child from ESDS’ Special Education Program the child’s special education
teacher will schedule and facilitate an evaluation team meeting to discuss the
student's eligibility and whether the student’s success depends on the
continuation of special education services.
Unless the team believes that special education services are absolutely
necessary the team will honor the parent’s/student’s request. Written Notice will be sent to the
parent/student informing them of the team’s decision and the student’s loss of
IDEA protection upon being exited from the program. If a determination is made that the team will
not honor the parent’s request, the parent will be informed of his/her right to
seek mediation or due process, in which case, “stay put” would apply.
E. Grades, Class
Ranking and Honor Roll
All students at ESDS will be graded in the same manner
unless a student’s IEP team defines a separate grading system. Class ranking and honors are considered for
all students.
G. Statement of
Performance (SOP)
The SOP is a summary of the child’s academic achievement and
functional performance and include recommendations on how the student may meet
his/her postsecondary goals.A SOP will be provided to students who are
graduating from ESDS with a regular diploma, or because he/she has aged out of
services under IDEA (age 21).
H. Diploma &
Transcripts
Students will receive a regular high school diploma if:
1. student meets ESDS’
established graduation criteria, which exceeds the South Dakota graduation standards
OR
2. student meets the criteria established in his/her IEP that
specifically addresses graduation
The IEP team will determine if any “extra supports” are to
be provided in the general education curriculum to meet ESDS graduation
requirements.
There will be no indication on ESDS’ student transcript that
a student was enrolled in the special education program. ESDS counselor will ensure that all
transcripts are appropriately recorded.
I. Graduation
Ceremonies
ESDS special education staff and administration will work to
ensure that all ESDS graduates will be allowed to participate in graduation
ceremonies. Any required accommodations
will be made for the student.
ESDS, as determined by the IEP team and a student’s
transition plan, will allow a student to participate in graduation ceremonies
and receive a certificate of attendance if the student’s plan has ESDS
maintaining educational responsibilities in an adult facility until the end of
the school year that the student reaches age 21. A student will only be allowed
to participate in graduation ceremonies in this manner, if the student is
transitioning to an adult services agency such as an adjustment training
center, or in the same manner that any student without disabilities would be
allowed to do so.