Policy: 2161
Instruction
Special Education and Related Services for Eligible Students
The district recognizes that students whose disabilities adversely impact educational performance and who require specially designed instruction have potential for improving educational performance when they receive special education and related services tailored to fit their needs.
Each eligible special education student in the district will be afforded a full education opportunity. This goal will be met consistent with the state’s goals through ensuring the provision of a free appropriate public education, complying with state and local procedures, and improving performance goal indicators.
Not all students with disabilities are eligible for special education services. The needs of students with disabilities will be addressed individually and, if appropriate, students will be provided accommodations, modifications, and/or related aids and services as required under Section 504 of the Rehabilitation Act of 1973 in accordance with district policy and procedures.
The district shall comply with state and federal requirements for special education. The district superintendent shall develop procedures consistent with state and federal laws and rules to implement the following:
Mediation or Resolution Agreements
The board authorizes the superintendent or a designee to bind the district to a mediation or resolution agreement.
The superintendent shall develop procedures to implement this policy, as directed by federal regulation (34 CFR 300.220). This policy and the procedures shall be consistent with the state’s special education regulations and filed with the Office of the Superintendent of Public instruction.
Not all students with disabilities are eligible for special education services. The needs of those students will be addressed individually and if, appropriate, the student will be provided accommodations or modifications required under 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Act and against discrimination.
The district recognizes the eligibility category “developmentally delayed” for eligible students ages three to nine. The superintendent shall develop procedures to implement these categories.
Commencement Exercises/Certificate of Attendance
In order to participate in commencement exercise, students must have met the minimum criteria for graduation prior to the date of the exercise and otherwise be in good standing with their school through the commencement date. Minimum criteria for participation may be adjusted for students with and Individualized Education Plan (IEP) whose disabilities have impacted their opportunity to accumulate credits. Each student's IEP team will determine the student's graduation plan, including graduation date. Students with an IEP who have attended four years of high school and need additional time to complete IEP goals and/or credits may request participation in commencement exercises. Students with an IEP will receive a certificate of attendance until they complete their credits for graduation.
The district superintendent will develop and maintain special education procedures necessary to implement this policy. This policy and the procedures will be available to the public.
Legal References:
RCW28A.605.020 Parents’ Access to Classroom or School Sponsored Activities
28A.155 Special Education
49.60 Law against Discrimination
WAC 392-172A Rules for the Provision of Special Education 20 U.S.C. 1400 et seq. Individuals with Disabilities Education Improvement Act of 2004
42 U.S.C. 12131-12133 Americans with Disabilities Act of 1990
28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services
34 CFR Part 99 Family Education Rights and Privacy Act (FERPA)
29 U.S.C. 794 Section 504 of the Rehabilitation Act of 1973, as amended by the Rehabilitation Act Amendments of 1974, Pub. L. 93-516, 29 U.S.C. 794
34 CFR Part 104 Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance
34 CFR Part 300 Assistance to States for the Education of Children With Disabilities and Preschool Grants for Children With Disabilities Policy No 2161 Instruction
34 CFR Part 303 Early Intervention Program for Infants and Toddlers with Disabilities
Revised 1/9/2008, 6/14/2000, 6/20/2012, 5/2022
Previously Policy No. 2160
Adopted: 7/6/22