Special Education - Clark County School District

Clark County School District Student Support Services Division

Special Education

Procedures Manual

Revised 3/21/12 GAC 1393.13

CLARK COUNTY SCHOOL DISTRICT MISSION STATEMENT

The mission of the Clark County School District is to ensure that all students have the knowledge, skills, attitude, and values necessary to achieve academically, prosper economically and participate in democracy.

Dwight D. Jones Superintendent

Dr. Lauren Kohut-Rost Deputy Superintendent

Charlene Green Deputy Superintendent

Michael S. Harley Compliance Officer

BOARD OF SCHOOL TRUSTEES CLARK COUNTY SCHOOL DISTRICT

Carolyn Edwards, President Dr. Linda E. Young, Vice President

Deanna L. Wright, Clerk

Members Lorraine Alderman

John Cole Erin E. Cranor Chris Garvey

STUDENT SUPPORT SERVICES DIVISION MISSION STATEMENT

The division provides leadership, services, and support to strengthen the capacity of schools, families, and communities to ensure

the success of all students through collaboration in the educational process.

Acknowledgements

Student Support Services Division

Charlene Green Deputy Superintendent

Kim Wooden Executive Director

Beth Howe, Ed.D Executive Director

The Office of Compliance and Monitoring, Student Support Services Division

Michael S. Harley, Esq. (IL) CCSD Compliance Officer

Phoebe V. Redmond, Esq. Director, Special Education Due Process Compliance

Vernon W. Josh Loehr, Ed.D Coordinator, Special Education Due Process Compliance

Trish Sutton Compliance Monitor

Wendy Hafenbreadl Compliance Monitor

Cindy Cardwell Compliance Monitor

Lucinia Eubanks Compliance Monitor

Amy Benham-Mu?oz Compliance Monitor

Ruth Wisniewski Compliance Monitor

Barbara Fair Administrative Secretary I

Charlotte Dancy Secretary III

Theresa Bigay Secretary II

Table of Contents

Chapter 1.0 Chapter 2.0 Chapter 3.0 Chapter 4.0 Chapter 5.0 Chapter 6.0 Chapter 7.0 Chapter 8.0 Chapter 9.0 Chapter 10.0

INTRODUCTION PROCEDURAL SAFEGUARDS PRIOR NOTICE IDENTIFICATION EVALUATION ELIGIBILITY Individualized Education PROGRAMS PLACEMENT DISCIPLINE STUDENT RECORDS AND CONFIDENTIALITY

Chapter 1.0 INTRODUCTION

1. This chapter serves as the introduction to the Clark County School District Special Education Procedures Manual. 1.1 Purpose of this Manual 1.2 Applicable Laws and Regulations 1.3 Free Appropriate Public Education 1.4 Overview of the Manual

1.1 PURPOSE OF THIS MANUAL

This manual is designed for use by teachers, administrators, parents, service providers, professionals, and others involved in the identification, evaluation, and education of students with disabilities in the Clark County School District (referred to as "District"). The manual is intended to guide the user in complying with federal and state legal requirements as they apply to the District's interaction with students with disabilities and their parents.

This manual frequently refers to District personnel who are responsible for carrying out certain activities, as well as the appropriate contacts if issues arise. If District personnel have any questions regarding the use or interpretation of this manual or any legal or other issues affecting students with disabilities, they should contact their Area Director or the Office of Compliance and Monitoring.

1.2 APPLICABLE LAWS AND REGULATIONS

1.2.1.Individuals with Disabilities Education Improvement Act (IDEA) a. The Individuals with Disabilities Education Improvement Act of 2004, often referred to as "IDEA," provides federal funds to state and local agencies for the education of eligible students with disabilities. In order to be eligible to receive services under IDEA, a student must be determined to be a child with a disability and to need special education and related services (each as defined under IDEA). b. The District receives IDEA funds for the education of students with disabilities only if it complies with the specific requirements of IDEA. They include, among other things, the requirement to identify and evaluate students who may have disabilities, to determine the eligibility of such students, to develop individualized education programs, to place students in appropriate settings, to follow certain procedural safeguards (including in connection with disciplinary actions),

and to protect the confidentiality of student records. These requirements are discussed in more detail throughout this manual.

c. Congress made changes to IDEA in 2004, and the U.S. Department of Education revised the regulations on August 14, 2006 and December 1, 2008. This manual incorporates those changes.

1.2.2.

State of Nevada Requirements

a. The State of Nevada has adopted its own laws and regulations covering the education of students with disabilities. These largely emulate the requirements of the federal laws and regulations discussed above but in some instances, expand on the federal requirements. The Nevada requirements are incorporated throughout this manual.

1.2.3.

Settlement Agreements and Similar Requirements

a. From time to time, the District may enter into mediation, resolution, and/or settlement agreements or compliance plans in connection with administrative or court actions against the District involving the education of students with disabilities. The terms of such agreements must be carried out by the District in addition to the federal and state requirements discussed above.

1.3 FREE APPROPRIATE PUBLIC EDUCATION

IDEA requires that a student who meets eligibility criteria is entitled to receive a free appropriate public education, often referred to as "FAPE." Because the meaning of FAPE is important to all the topics covered in this manual, this section discusses its meaning in detail.

1.3.1.

Definition

The regulations implementing IDEA define free appropriate public education to mean special education and related services that:

a. are provided at public expense, under public supervision and direction, and without charge;

b. meet the standards of the Nevada Department of Education, including the requirements of the IDEA;

c. include preschool, elementary school, or secondary school education for students 3-21 in the State of Nevada; and

d. are provided in conformity with an Individualized Education Program (IEP) that meets the requirements described in Chapter 7.0 ? Individualized Education Programs of this manual.

The meaning of special education and related services is discussed in Chapter 7.0 -- Individualized Education Programs. Other components of FAPE are discussed in greater detail below.

? Free

For purposes of FAPE, the term free means that required services are provided without cost to the student's parents. There may be other governmental agencies, insurers, or other third parties (e.g., Medicaid) that have an obligation to provide or pay for services required under IDEA, Section 504 of the Rehabilitation Act of 1973 (Section 504); or the American with Disabilities Act (ADA). That said, the IDEA regulations specify that the District may access a parent's private insurance proceeds only if the parent provides informed consent as described in Chapter 2.0 -- Procedural Safeguards. Informed parental consent must be obtained each time the parent's private insurance is accessed, and the parent must be informed that his or her refusal to consent does not relieve the District of its responsibility to ensure that all required IDEA services are provided at no cost to the parents. The IDEA regulations also provide that the District may not:

-- require parents of a student with a disability to sign up for or enroll in public insurance programs in order for their child to receive FAPE under IDEA;

-- require parents to incur an out-of-pocket expense such as payment of a deductible or co-pay amount incurred in filing a claim for services provided under IDEA;

-- use a student's benefits under a public insurance program if that use would

* decrease available lifetime coverage or any other insured benefit;

* result in the family paying for service that would otherwise be covered by the public insurance program and that are required for the student outside of the time the student is in school;

* increase premiums or lead to the discontinuation of insurance; or

* risk loss of eligibility for home and communitybased waivers, based on aggregate health-related expenditures.

For assistance in locating potential sources of services or funding for services to meet the FAPE requirements, District personnel should contact their Area Director or the Office of Compliance and Monitoring.

The requirement that services be provided without cost to the student's parents applies only to the costs of special education and related services. The District may charge the parents of students with disabilities any incidental fees that are normally charged to students without disabilities or their parents as part of the general education program. For example, fees may be charged for classroom supplies, art supplies, etc., if parents of students without disabilities are charged for the same supplies and the supplies are not part of the student's special education and related services.

? Appropriate

The meaning of the term appropriate will depend on the unique needs of the individual student. Under IDEA, an appropriate education to a student with a disability is provided when:

-- District personnel comply with Nevada Administrative Code (NAC), applicable federal law, and the procedural requirements described in this manual; and

-- the individualized education program developed for the student (as described in Chapter 7.0 -- Individualized Education Programs) is reasonably calculated to enable the student to receive educational benefit.

The federal regulations implementing IDEA define an appropriate education as the provision of general or special education and related aids and services that:

-- are designed to meet individual educational needs of persons with disabilities as adequately as the needs of persons without disabilities are met; and

-- are based on adherence to procedures that satisfy the requirements for evaluation (described in Chapter 5.0 -- Evaluation), placement and educational setting (described in Chapter 8.0 -- Placement), and procedural safeguards (described in Chapter 2.0 -- Procedural Safeguards).

The District is not required to provide the best possible education for a student with a disability. However, the District must provide a program that is designed to provide some educational benefit to the student. These educational benefits must be more than minimal, meaning that the program must be designed to result in some tangible gain in the student's abilities.

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