Table of Contents s86

This manual is meant to serve as a practical guide for implementing IDEA and its regulations. It is not intended to state new law or supplant any federal or state laws, regulations, or requirements. Nothing in this manual should be seen as having the force of law. This manual should not be cited as law or as imposing any additional requirements or obligations outside the requirements of existing law. Douglas County School System is required to adhere to the requirements of IDEA as codified in 20 U.S.C. § 1400 et seq., its regulations promulgated in 34 C.F.R Parts 300 and 301, and the rules of the State of Georgia promulgated by the State Board of Education. 2

TABLE OF CONTENTS

Section I: IDENTIFICATION PROCESSES

A. Child Find 160-4-7-.03 CHILD FIND PROCEDURES. Child Find is a process where Douglas County School System uses a variety of procedures to identify, locate, and evaluate all children, in the district, birth through 21, who are suspected of having disabilities that may result in a need for special education and related services. Douglas County School System completes Child Find activities in a variety of ways including: public announcements through local media, parent mentor, collaboration with public agencies and private agencies/schools. The Douglas County School System has Child Find responsibility for all children suspected of having disabilities, regardless of the severity of their disabilities. This includes:  children, birth through 3, who may or may not be referred to and served by the state’s early intervention program, Babies Can’t Wait  preschool children, ages 3 through 5, who may not be enrolled in a Georgia- funded pre-kindergarten and kindergarten, including children who are parentally placed in private preschools or daycare centers outside the district  children who are enrolled in a public school within the district, including public charter schools  children who are parentally placed in private and home schools  children who are attending charter schools within the district or in the area if it is designated as an individual district  highly mobile children, including migrant, homeless, and children who are wards of the state  children served in community programs such as rehabilitation centers, daycare centers, etc.  children, ages 18 through 21, who are incarcerated in facilities operated by the local sheriff’s office or other municipalities  any other children suspected of having disabilities 1. How can children be referred? 3

A referral may be made by anyone who has a concern about a child’s development. All referrals are considered confidential. The parent retains the right to refuse services. Children may be referred by the following:  Parents/legal guardians/foster parents  Other family members  Physicians/health care providers  Preschool/childcare program personnel  School system personnel  Community agencies (such as DFCS, or the court system)  Private school personnel  Others who are concerned about a child’s development

2. When should a child be referred?

A child should be referred when:  A health or medical disorder interferes with development or learning.  A child appears to have social, emotional or behavioral difficulties that affect his/her ability to learn.  A child has a diagnosed progressive or a degenerative condition that will eventually impair or impede the child’s ability to learn.  A child seems to have difficulty understanding directions like others that are his/her age.  A child’s speech is not understandable to family or friends.  A child has difficulty with reading, math, or other school subjects.

B. Pyramid of Interventions Response to Interventions (RTI)

For children in kindergarten through 12th grade enrolled in public schools, Child Find is accomplished through the Georgia Student Achievement Pyramid of Interventions, a framework of instructional interventions that begins with standards-based classrooms serving as the foundation for teaching and learning. The Pyramid represents the process of continually implementing “progress monitoring” and then providing layers of more intensive interventions so that students can be successful and progress in their learning. This proactive approach does not wait until students have large gaps in their learning that are almost too great to overcome. Neither does it allow high-achieving students to languish in a curriculum that is not challenging to them. This approach focuses on determining when students are struggling and then providing scientific, research or evidence-based interventions to address their areas of need; it also documents students’ strengths and provides additional challenges in a variety of ways. The Pyramid facilitates the Child Find process for students in public schools. All students in Douglas County schools participate in Tier 1 which is evidence-based instruction that is developed based on grade level Georgia Standards of Excellence for English Language Arts and Mathematics and the Georgia Performance Standards for Science and Social Studies. When students 4

struggle in the general education curriculum, Tier 2 and, if needed, Tier 3 interventions are provided. At Tier 3, data is collected to determine the students’ responses to interventions that have been implemented. Students who do not make progress with the individual interventions provided at Tier 3 may be referred for an evaluation to determine eligibility for special education and related services. Consequently, in essence, Tier 3 serves a Child Find responsibility for students who may need special education and related services. Students in private schools, home schools, and charter schools, who are referred for special education services, should also have documentation of these prior interventions to assist in the determination of eligibility for special education services. Child Find is a critical part of the special education process for all children suspected of having disabilities. With the implementation of the Pyramid and the focus on progress monitoring and response to interventions, only those students who are not making progress, despite evidence-based instruction, will be referred to special education to determine their eligibility. 5

C. Initial Referral Procedures The Referral Due Process Summary form (PEC-00) is used to document all steps in the referral process. As each step is completed, the form should be dated and signed by the verifying individual and applicable boxes checked. In this manner, due process rights guaranteed by federal law and state rules can be summarized and documented.

i.1. The Student Support Team (SST/Tier 3): State Rule: 160-4- 2-.32  reviews all cases  recommends research/evidence based interventions, and/or program accommodations  may conduct educational screening after signed parent permission for screening is secured and hearing and vision clearance  addresses all areas of weakness before considering a referral to IDEA Prior to recommending a referral to IDEA, students identified for Tier 3 interventions will be closely monitored based on the interventions designed by the SST during the problem solving process. At this level, clear documentation of progress monitoring data is needed to support the deep focus on the individual. Graphs of assessment trends are required to show progress and identify whether transfer of learning to the core classrooms is occurring. Exception allowed only when evaluations and/or placement is required due to a significant disability.

For students ages 3-5, who are not enrolled in kindergarten through DCSS, the Response to Intervention Process is completed by Special Needs Preschool personnel at the child’s daycare/preschool center or at a DCSS site. Screenings are completed at least monthly. If the child is not making progress with interventions, a referral to IDEA is completed. Parents have the right to request an evaluation at any time during the referral process.

REMEMBER, SPECIAL EDUCATION PERSONNEL CANNOT DO ANY SCREENING WITHOUT PARENTAL CONSENT.

i.1.If the SST recommends that a student be referred for an IDEA evaluation the Educational Evaluator and/or Psychologist will facilitate the following:  complete the Determination of Needed Evaluation Data (PEC-03C)  secure the parent’s signature on the Consent for Evaluation form (PEC-03). (If the parent is not present at the SST meeting, arrangements should be made to schedule a conference immediately to obtain this documentation.)  complete the Parent Interview (PEC-02) if the SST Background has not been obtained. 6

 distribute Parent Rights (PEC-08) and the Evaluation and Test Instruments form (PEC-03B) to the parents. A larger print version of the parent rights is included in this online manual (PEC-08) as is a parent friendly version (PEC-08A).  Provide parents copies of documents. THE DATE OF THE SIGNED CONSENT TO EVALUATE BEGINS THE 60 CALENDAR DAY TIMELINE. Therefore, copies of the above documentations must be provided to the educational evaluator, school psychologist, speech language therapist, and other necessary personnel as soon as possible but no more than 3 days.

i.2.The classroom teacher will:  complete the Teacher Referral form (PEC-01) including the Checklist of Strengths and Weaknesses, returning them to the Educational Evaluator within 3 days of the meeting.

i.3.The SST chairperson gathers all SST forms, RTI data, and work samples and provides copies of the file to the Educational Evaluator/SLP who will be acting as IDEA chairperson.

i.4.The Educational Evaluator submits a Vision and Hearing Screening Request form (PEC-13) to the appropriate school personnel if vision and hearing were not checked during the SST process. (Note: some students may have a current hearing and vision screening form in permanent record that will be acceptable if the evaluation has taken place within one year of the referral.)

i.5.If a student does not pass the hearing or vision screening, a retest will be scheduled by the screening personnel. If the student fails for the second time, the hearing and/or vision referral procedures will be followed. (See section II part A.2 of this manual.)

i.6.The Educational Evaluator/SLP makes sure that the following data are gathered and placed in the student's file:  satisfactory hearing and vision screening results  completed evaluation(s) for each area of concern, which may include: Audiology, Speech, and Medical Report(s) when appropriate.

i.7.The Educational Evaluator/SLP/Psychologist updates testing log with student's information

i.8.The Educational Evaluator, SLP, School Psychologist, or Special Education teacher completes or gathers any and all necessary assessment(s). 7

i.9. The Educational Evaluator, SLP, and School Psychologist collaborate to develop a draft eligibility report.

i.10.The Educational Evaluator or SLP sends the file to the Due Process Committee two weeks prior to the eligibility meeting.

i.11.When the file complies with all due process procedures, the Educational Evaluator, SLP, or Special Education teacher notifies all persons concerned as to the time and place of the eligibility/special education committee meeting. The following people may be invited to attend (using Committee Notification form) and given at least one (1) week notice:  the school principal, assistant principal, SST chairperson  the referring teacher and other regular education teacher(s) as appropriate  the school counselor  appropriate special education staff  the student's parents/guardians/surrogate (include copy of Parent Rights)  PEC Office representative (when appropriate)  the school psychologist  other pertinent personnel such as SLP, System Resource teacher, social worker, etc.  the student, if transition is to be addressed (beginning at age 16 or younger as appropriate)  Local Education Agency Representative (LEA rep.) A person who can provide or supervise the provision of special education services. LEA may be administrator, Educational Evaluator, SLP, special education teacher, special education supervisor/administrator. No one may serve a dual role in any one meeting.

i.12.The Educational Evaluator or Special Education teacher conducts the eligibility meeting within 60 days and may proceed directly to the special education committee meeting or may schedule the meeting for a later date (within 30 days of eligibility meeting).

i.13.The Educational Evaluator, SLP, or Special Education teacher conducts the special education committee meeting where all available information is considered. If eligibility is established, an IEP is developed by the committee. The Educational Evaluator or Special Education teacher secures parent signatures on the Parent Consent for Placement (PEC-10) and signature page (see Infinite Campus). Parental Rights are provided and explained, if necessary.

i.14.If the committee determines that a student does not qualify (DNQ) for services, a written summary of discussion and rationale are maintained on an additional notes page. All participants will sign a signature page which will be attached to the additional 8

notes page. The committee will consider referring the student to SST and/or the appropriate tier in the pyramid of intervention. Eligibility of 504 may be considered, if appropriate.

i.15.The Educational Evaluator, SLP, or Special Education teacher sends the completed file to the PEC Office for review and director's approval.

D. Referral Procedures for Home School or Private School Students State Rule: 160-4-7-.13

a.i.1.a.i.1. All referral requests will be made at the Special Education office (770-651-2132). A form letter will be sent to the parents with referral instructions (i.e. obtaining vision and hearing, completing referral information). Parent completes the packet and returns it to the Special Education office.

a.i.1.a.i.2. The Special Education office will send information packet to the Educational Evaluator and/or SLP at the student’s districted public school. If an out of county resident, a school in close proximity to the private school will be assigned. Appropriate school personnel will relay referral request information to SST chair.

a.i.1.a.i.3. SST chair contacts parent to schedule an initial SST meeting. (Meeting participants should minimally include SST chair, Educational Evaluator and/or SLP, grade level representative, and parent.) SST chair may ask the parent to bring the student to this meeting for screenings to be completed if needed.

a.i.1.a.i.4. Initial SST meeting held. Discuss concerns. Interventions implemented if appropriate. The committee may recommend Speech/Language and/or Academic screenings at this time. Consent for screening is obtained if warranted. It is the responsibility of the parent to convey the RtI information to the private school. It is also the responsibility of the home/private school to implement the interventions, collect data, and complete checklists. The parent should bring the data/checklists to the follow up SST meeting for review. (If this information is not implemented and data not received, it can affect eligibility determination). When considering the timeline for the next SST meeting, there should be enough time allotted for needed data collection.

a.i.1.a.i.5. Once screenings are completed, the SST committee reconvenes to discuss results, review RtI/data information and make recommendations which may include continuing SST, continuing interventions, etc. At this meeting or any subsequent meeting, the committee may determine that an IDEA referral is warranted or that continuing the RtI process remains appropriate. 9

a.i.1.a.i.6. If an IDEA referral is made, complete the Determination of Needed Evaluation Data form and obtain a Consent for Evaluation. Review parent rights, and compile SST meeting information and RtI/data information.

a.i.1.a.i.7. Verify that hearing/vision is still current and complete full evaluation.

a.i.1.a.i.8. Write a draft eligibility report, using Douglas County eligibility criteria and submit folder to due process.

a.i.1.a.i.9. Schedule an eligibility meeting. Meeting participants should minimally include SST chair, Educational Evaluator and/or SLP, parent, and grade level representative. If eligible for SLI and an Individual Service Plan (ISP) may be developed, invite Mitcham/Hovis. Parent rights accompany eligibility and the IEP. The Statement of Understanding accompanies the ISP. At this time, Douglas County School System has determined that only SLI services will be provided in accordance with proportionate share guidelines.

a.i.1.a.i.1. Service Plans are reviewed annually, however, a classroom teacher (grade level representative) is only required at the initial Individual Service Plan meeting. An IEP only has to be proposed at the initial eligibility meeting for Douglas County residents. Minutes may be kept on an Individual Service Plan Additional Notes page if needed. The Individual Service Plan Present Levels of Performance form and checklists are required at each ISP annual review. Progress reports will be sent home at the same time as public school students. Eligibility must be minimally revisited every 3 years. If the student on the ISP was found eligible for any other area, the Educational Evaluator or Psychologist must attend any RDM meeting where reevaluation is discussed. DCSS SLI eligibility criteria will be followed.

Douglas County Resident Out of County Resident Douglas County Resident Home School or Private School Private School Private School In Douglas County Out of County In Douglas County

DCSS completes DCSS completes Private school district completes evaluation/reeval and writes evaluation/reeval and writes evaluation/reeval and writes eligibility report eligibility report eligibility report. 10

If eligibility is established, the private school district can refer If eligibility is established, If eligibility is established, have parent to their district of propose an IEP to offer FAPE parent sign a release of residence for offer of FAPE/IEP. (free appropriate public confidential information and Using out of county eligibility education). If parents accept refer parent to their district of report, DCSS develops an IEP FAPE, they will sign a Consent residence for offer of FAPE/IEP. and offers FAPE. If parents for Placement and enroll their It is understood if they accept accept FAPE, they will sign a child in their districted public FAPE, they will receive services Consent for Placement and school. in their district of residence. enroll their child in their districted public school.

If the parent declines FAPE, propose an Individual Service If the parent declines FAPE in Plan (ISP). In the minutes, state their district of residence, DCSS If the parent declines FAPE, a that the IEP was rejected, and will then propose an Individual release of confidential an ISP was developed. The Service Plan. Have the parent information is obtained to allow parent will check “no” on the sign a release of information to DCSS to send records to private Consent for Placement obtain district of residence IEP school district. indicating the reason as home records. schooled or private schooled.

Statement of Understanding

Douglas Co. Resident Out of County Douglas Co. Resident Out of County Not eligible for SLI Resident Eligible for SLI Resident but eligible in another Not eligible for SLI (Home schooled or Eligible for SLI area (Home school but eligible in another attends a private (Attends private or private school in area (Attends private school in county) school in county) county) school in county)

Parent signs SLI ISP Parent signs SLI ISP Parent signs ISP Parent signs ISP Statement of Statement of Statement of Statement of Understanding - Understanding - Understanding - Understanding - Douglas County Out of County Douglas County Out of County Resident Resident Resident Resident

Service Location Options

Douglas Co. Resident Douglas Co. Resident Out of County Resident Home School Student Private School in Douglas Co. Private School in Douglas Co.

Districted public school Districted public school Public school in close proximity (although exceptions can be (although exceptions can be to private school made due to extenuating made due to extenuating 11

circumstances) or public school circumstances) in close proximity to private school

SECTION II: EVALUATION PROCEDURES

A. Initial Evaluation State Rule: 160-4-7-.04 12

A.1.All students initially referred for consideration for special education services must have data collected on the student's response to intervention and a comprehensive evaluation.

A.2.All students referred must be screened for possible hearing and vision difficulties prior to educational and/or psychological evaluations. It is best practice to evaluate hearing and vision in SST process.

A.1.a) Hearing

(A.1.a.1) If the hearing screening is passed, the evaluator notes results on the Screening Results form (PEC-14) in student's special education file.

(A.1.a.2) If the initial screening is failed, the evaluator notes results on Screening Results form and a retest is administered one week later.

(A.1.a.3) If the student fails the retest, a letter (PEC-H1) is sent to the parent to set up an appointment for retest in the audiological suite at the Central Office.

(A.1.a.4) If the retest is failed, the audiologist and parent will initiate corrective procedures.

(A.1.a.5) If corrective procedures are not implemented by the parent, the referral cannot proceed. A referral to the School Social Worker must be initiated.

NOTE: The referral may not be delayed indefinitely. The school must take action, as appropriate, to ensure that the student has an examination and/or appropriate devices to aid hearing.

 In certain limited cases, the audiologist may provide clearance for continued testing if the hearing problem will not affect the testing results.

 After corrective treatment has occurred, the audiologist will retest student's hearing. If retest is passed, the audiologist will notify the contact person at which time the referral process will resume.

A.1.b. Vision

 If the vision screening is passed, the evaluator notes results on Screening Results (PEC-14) form in student's special education file.

 If the student fails the initial distant vision screening, the student's near vision will be screened. If the student passes the screening of near vision this should 13

be noted on the Screening Results form and testing can proceed. The parents should be notified that distant vision was failed and follow-up with the eye doctor should be encouraged.

 If the retest is failed, the evaluator notes results on Screening Results form and the contact person will make additional copies of failed retest to send to the referring teacher and parent. The principal sends a letter (PEC-V1) informing the parent that further vision testing is warranted by an eye doctor and an Eye Doctor's Report (PEC-31) for the doctor to complete is included. If no response from the parent or doctor is received within a reasonable time, the school principal should contact the parents again (PEC-V2-letter). The referral process will continue only after vision has been corrected.

 School letterhead should be used for PEC-V1 and PEC-V2 and should be signed by the principal.

NOTE: If a student has prescription lenses but has lost them or refuses to wear them, educational and psychological testing cannot continue since results would be invalid. If the parents refuse to (a) take the student to an eye doctor, (b) provide correction as prescribed, or (c) require the student to wear corrective lenses, a letter (PEC-V2) will be sent informing the parents that the referral cannot be completed. If the parent refuses to take the student for an exam or to make corrections as prescribed, a child neglect referral to the School Social Worker may be made at the principal's discretion. The referral may not be delayed indefinitely. The school must take action, as appropriate, to ensure that the student has an examination and/or glasses.

A.2.Referred students will be evaluated in all areas related to the suspected disability(s), including, where appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, motor, and communicative abilities.

A.3.Evaluation records obtained from other agencies, or the parent, will constitute a portion of the evaluation process. If such records are available, they should be submitted with the referral. If copies of records are not available to send with the referral, parents should be asked to sign an Authorization to Release Confidential Information form (PEC-23). All copies of the signed release form should be sent directly to the PEC Office. The PEC Office will contact the school/agency to obtain records.

B. Parent Consent for Evaluation

B.1.The Douglas County School System must have a signed Consent for Evaluation form (PEC-03) on file before any student is singled out for any evaluation. This does not include routine tests or procedures used with all students in a school, grade, or class during the school year (e.g., mass screening, state mandated testing, etc.). 14

B.2.If the parent fails to respond within 15 school days to the attempt to notify and obtain consent for evaluation, the school principal should be notified. The principal should initiate and document at least two (2) additional attempts to obtain parent consent. If three (3) attempts to contact the parent have been unsuccessful, the principal may:

A.1.a.1. contact the School Social Worker for assistance

A.1.a.2. contact the PEC Office for assistance

B.3.If the parent refuses to give consent for evaluation, the principal should be notified. The principal should initiate efforts to seek resolution. If the parent still refuses to allow the proposed testing, the principal may:

(B.3.a.1) accept the parent's decision

(B.3.a.2) contact the school social worker for assistance

(B.3.a.3) contact the PEC Office for assistance

C. Reevaluation

All students receiving special education services must be reevaluated at least every three (3) years. Education Evaluator OR School Psychologist must attend all re-evaluation meetings. The special education committee must meet BEFORE the three year reevaluation due date to review existing data and to decide if additional assessment is necessary to determine continued eligibility for services. This reevaluation determination must be done at a minimum of every three years from the date of the previous eligibility report or, in some cases, from the date of the last reevaluation determination meeting. A reevaluation determination may be held sooner than the three year interval if requested by the parents or teacher. The Reevaluation Determination form (PEC-07) is used to document the decision of the committee. If the committee decides that no further assessment is needed, the eligibility report is not changed, but the date of the reevaluation determination meeting is written on the front of the existing report indicating student remains eligible. In this case, the date of this reevaluation determination meeting projects the three year due date for the next reevaluation. If a full evaluation (all assessment necessary for initial eligibility) is done, a new eligibility report must be completed. If a partial evaluation is done, the current eligibility report must be updated with the new information. In the cases of full or partial evaluations, the three year due date for the next reevaluation is based on the date of the eligibility report. If the school is in receipt of additional information from outside agencies (i.e. psychological or medical information), an IEP committee should convene and conduct a Reevaluation Determination Meeting to consider new information. 15

NOTE: If additional evaluation is recommended for a student currently receiving special education services, these procedures will be followed. (ex: student receiving speech services but being evaluated for academic areas).

C.1.Following are procedures when additional assessment is necessary:

C.1.a) RtI data is available for the area of concern

C.1.b) A Consent for Evaluation (PEC-03) is signed by the parent. Parents receive a copy of the completed RDM form and consent for evaluation. The RDM form is completed with committee and must be signed by parent.

C.1.c) The Re-Evaluation Form for Psychological Services (PEC- 01B) is completed by the special education teacher (when applicable) and forwarded to the School Psychologist. Attach a copy of Consent for Evaluation, Re-Evaluation Determination form, and a Vision/Hearing form.

C.1.d) Appropriate personnel complete the evaluations required for continued eligibility in primary and secondary areas as determined by the reevaluation determination committee.

C.1.e) The chairperson notifies all appropriate persons (using appropriate forms) as to the time and place of the special education committee meeting.

C.1.f) If the committee determines that the student is no longer eligible for any special education services, the appropriate IEP forms should be completed and the file should be sent to the PEC office.

C.1.g) If the student continues to meet eligibility criteria, the IEP committee meeting may immediately follow the eligibility meeting or be held at a later date (within reason).

C.1.h) The IEP forms are completed with appropriate eligibility report(s) attached. Service recommendations are made based on eligibility and educational needs. The Reevaluation Due Process Summary Sheet (PEC-00A) must be completed. Once completed, a copy must be given to the Educational Evaluator.

C.1.i) Recommendations are reviewed with the parent(s) and parent signatures are secured on the Parent Signature Page.

C.1.j) Student information system is updated with clerk.

D. Evaluation of Students in Private Schools 16

Students who are enrolled in private schools in Douglas County will be provided evaluation and testing services by the Douglas County School System if:

D.1.There is evidence to suggest that the student is disabled and

D.2.The student is within the 3-21 age range

Requests for evaluation from any individual or agency outside the school system must be referred to the PEC office.

NOTE: Home schools are considered private schools.

SECTION III: Eligibility 17

A. Eligibility Determination and Categories of Eligibility (State Rule: 160-4-7-.05)

Evaluation information required to determine initial eligibility for each area of exceptionality is included on the eligibility report. A full and comprehensive evaluation must be completed for each area of suspected disability. Below is a listing of the 12 categories for eligibility in special education in the state of Georgia. To access the definition and criteria for determination of eligibility for each category follow the link.

1. Autism

2. Deaf/Blind

3. Deaf/Hard of Hearing

4. Emotional and Behavioral Disorders

5. Intellectual Disability

6. Orthopedic Impairment

7. Other Health Impairment

8. Significant Developmental Delay

9. Specific Learning Disability

10. Speech-Language Impairment

11. Traumatic Brain Injury

12. Visual Impairment/Blind

B. Dual Areas of Eligibility

During the evaluation process if the team determines that the student may have more than one disability, the team must gather all documentation required to establish eligibility in each area. When deciding which disability is primary or secondary, the eligibility team needs to determine the impact of the disability on the student’s participation and progression in the general curriculum. This decision can be determined by reviewing the student data from implemented intervention(s). For example, if a student presents with both academic and behavioral problems, the specific cause cannot be determined without data. Conducting and collecting data from a functional assessment of behavior and academics provides the most effective way of guiding this decision-making process. 18

C. General Information

Files must be submitted for a due process check 2 weeks prior to an initial eligibility meeting.

1. The following procedures must be followed to consider students for initial special education services:

 The Educational Evaluator or SLP will be assigned as chairperson of the special education committee charged with leading the eligibility meeting

 In cases involving private and home schools or extenuating circumstances, a Coordinator of PEC or Supervisor MUST be in attendance.

2. Special education committee meetings to develop the IEP must be scheduled and held as soon as possible, but in no event later than 30 days after determination of eligibility.

D. Initial Eligibility Eligibility Determination and Categories of Eligibility

1. No student may begin receiving special education services until the student has been the subject of a special education committee meeting which reviews all pertinent information, establishes eligibility, and develops an IEP, and determines the appropriate services to implement the IEP.

2. The determination for any student to receive special education services may not be made exclusively or principally upon results of tests administered during evaluation. All pertinent data on each student should be reviewed by the entire committee. Data include, but are not limited to, the following:

 SST information and RtI data

 Observation data from the referring party and student records

 A comprehensive educational evaluation by an approved examiner

 Pertinent developmental and social data gathered from the parents, including their concerns

 Consideration of the student's age, school attendance history, and strengths

 Consideration of state guidelines for each area of exceptionality 19

E. Parent Consent for Placement

1. All students who are recommended by the special education committee for special education services must have signed, informed parental consent on file within the Douglas County School System before services can begin. This must be on the Parent Consent for Placement form (PEC-10), and the parents must have received a copy of Parent Rights. Parents must be notified of the recommendations of the special education committee within 15 school days of the meeting if the parents did not attend.

2. If the parent fails to respond within 15 school days to the attempts to notify them and obtain consent for placement, the principal should be notified. The principal should initiate and document at least two (2) additional attempts to contact the parent to obtain consent for placement. If three documented attempts to contact the parents have been unsuccessful, the principal may:

 contact the school social worker for assistance

 contact the Coordinator or Supervisor for assistance

3. If the parent refuses to give consent for placement, the Coordinator/Supervisor should attempt to seek resolution through an individual conference with the parent. If the parent still refuses to allow the proposed placement, the principal may:

 accept the parent's decision

 contact the school social worker for assistance

 contact the PEC Office for assistance

In any case, the student may not begin receiving special education services until parental consent for placement is obtained. (PEC-10).

F. Annual Review Meeting

The IEPs of all students who receive special education services must be reviewed at least annually, or upon the request of the student's parents, teacher, or other appropriate school official. Annual review meetings should be scheduled as needed by the case manager. 20

G. Procedures for Chairing a Special Education Committee Meeting

Prior to meeting:

1. Select a tentative date allowing at least one week for all parties to respond to notices.

2. Confer with the parents and principal or designee (counselor, local special education chairperson, etc.) to determine if date and time is convenient. Reserve a room large enough for the group.

3. Check the file to insure no individual who should be involved has been overlooked.

4. Complete notices (PEC-05) and distribute through DCSS email to school employees. Copy building level administration. Be sure to allow adequate time. Maintain a copy in confidential file.

5. Complete and send parent notice (PEC-04) home, allowing at least 7 days.

6. On the day before the meeting, confirm attendance of committee members

7. Contact those who have not responded. If they are not going to attend, ask them to send a representative or supply in writing any information they wish to be considered.

8. Following building procedures, SIGN OUT THE FILE. Please do not take the file so far in advance that others cannot review it.

9. Using Infinite Campus, complete a draft IEP. Be sure to include BIP, RDM, as appropriate. Denote via watermark the copy is a draft.

1. Gather appropriate blank forms (i.e. RDM, Signature Page, Consent for Placement, Consent for Evaluation)

Special Education Committee Meeting:

1. Prepare room with tables and chairs ahead of the designated time. Greet parents and other committee members.

2. Introduce yourself and committee members (name and role) to parents. Present the Draft Placement Committee Agenda (PEC-39), if applicable. Provide copies of the DRAFT IEP (and DRAFT Eligibility if eligibility is being considered).

NOTE: The Draft Placement Committee Agenda (PEC-39) must be used for meetings where the special education director, coordinator, and/or supervisor attends or parents are bringing an advocate. 21

State the purpose for the meeting, the history of what has taken place to the point of the meeting, and what procedures you will follow during the meeting. Be sure to state that if the committee determines that special education services are not appropriate for the student, other programs and services may be recommended. 1. Begin by talking about the student and the reason for referral.

2. Conduct the eligibility discussion/determination:

 Ask the psychologist and/or educational evaluator to review testing records.

 Encourage the parents (and student, if in attendance) to comment, ask questions, and express concerns, and to contribute any additional information they think appropriate. Be sensitive to each person's area of expertise. Request clarification. If necessary, provide a restatement, or summarize what has been said. Exercise time management skills. KEEP EVERYONE ON TASK AND THE TONE POSITIVE.

3. If the committee determines that the student is not eligible for special education services, proceed with the meeting and complete minutes and signature page. The committee may consider eligibility under Section 504, refer back to SST for further recommendations, or appropriate classroom interventions for the student.

4. If eligibility for special education services is established, obtain signatures on eligibility report then proceed to development of the IEP and discussion of services, or schedule IEP meeting within 30 days if necessary.

5. Complete all applicable areas of the IEP

6. If the meeting is not coming to a consensus, the meeting may be tabled as needed. If more information is needed, if alternatives need further study, if service options are unknown, or if the group is unable to agree to any point, the meeting should be tabled and reset for a specified future date with assignments made to obtain the necessary information. CAREFULLY EXPLAIN THIS SITUATION TO THE PARENTS.

7. Ask parents if they have further questions or need clarification.

8. Assign follow-up responsibilities (if any) and

a. review information with parents

 secure Consent for Placement (PEC-10)

 If appropriate, complete Transportation Request (PEC-19)

b. provide parents a final copy of all forms within 5 school days. Draft must be provided to parent upon request.

9. Thank everyone for attending and for contributing. 22

Post Committee Meeting

a.i.1. Check all special education forms and Eligibility Report, for completeness and follow-up your responsibilities.

a.i.2. Make duplicate copies for the PEC office and submit to PEC records.

a.i.3. Submit file to the PEC office for final clearance and Placement Notice form (PEC-11) within one week.

a.i.4. Distribute copies of student supports and behavior intervention plans (if appropriate) to all general education and special education teachers of the student. As appropriate, disseminate to administration, bus drivers, ASP, ISS, Project Class)

a.i.5. Give copy of completed due process summary to Supervisor with corresponding CIMP log.

a.i.6. Update student information system with clerk or designee.

a.i.7. Distribute a copy of student supports, as appropriate behavior intervention plan, health plan, and testing accommodations to teachers and administration.

a.i.8. Insure that staff is prepared to fully implement the IEP.

H. Procedures For Transfer Students

A student with a disability transferring to the Douglas County School System from another school system should be served in a program comparable to that from which he/she has transferred, contingent upon the established policies and procedures of the Douglas County School System.

The Referral Due Process Summary (PEC-00) form or the Re-evaluation Log (PEC-00A) is used to document all steps in the process. As each step is completed, the form should be dated and signed by the verifying individual. In this manner, due process rights guaranteed by federal law and state rules and regulations can be summarized and documented. When a student with disabilities transfers to a Douglas County school, these procedures should be followed:

1.1..a.i.1. Verification of the student's disability and previous special education services should be obtained by:

 reviewing records or information presented at the time of registration (if such records are available)

 contact previous school to verify eligibility and services provided

 contact Randa Gaddis, Records Clerk at 2316 to determine what steps have been taken to request records 23

1.2. The Educational Evaluator or Special Education teacher will conduct a special education committee meeting where the following forms are completed:

 Parent Interview (PEC-02)

 Authorization to Release Confidential Records (PEC-23), if not completed at central registration.

 Consent for Evaluation (PEC-03)

 Using available information in transfer records, develop an IEP in Infinite Campus.

 Reevaluation Determination (PEC-07), if appropriate

 Transportation Request (PEC-19), if appropriate

 Referral Due Process Summary sheet (PEC-00) or Re-Evaluation Log (PEC-00A)

 Consent for Placement (PEC-10)

 Transition questionnaires, if appropriate

1.3. When additional testing is recommended to establish eligibility, hearing and vision must be evaluated for all Special Education transfer students without a current passed hearing and vision on a Georgia state form obtained at the time of registration.

1.4. In situations where records have been requested, if the records have not been received within 30 days, the PEC Office should be notified so that a second request can be mailed. When it appears records are not available, authorization to begin a complete evaluation or to hold a reevaluation determination meeting may be given.

1.5. Following receipt of records and/or evaluation information, the PEC office will review all data and make written recommendations to the appropriate special education teacher(s).

For transfer students, every effort should be made to provide appropriate special education services as soon as possible. In some cases it may require several days to gather information, arrange transportation services, etc. However, unless extenuating circumstances exist, the length of time required to appropriately serve the student should not exceed five (5) days from the date the student initially enrolled in the school. No student can be served without an IEP and signed consent for placement.

I. Graduation as a Change in Placement

Graduation with a regular diploma or reaching maximum age is considered a change in placement and requires due process procedures including notice to the parents and student that 24

the student will no longer be eligible for special education services in public school. A Summary of Educational Performance (SOP) will need to be completed at the exit meeting. Graduation with a Life Skills or Work Readiness (special education) diploma or a certificate is not considered a change in placement. A new IEP may be completed and the student may continue to attend school until s/he receives a regular diploma or reaches maximum age.

The Douglas County School System, as a matter of practice, will serve students up to the day of their 22nd birthday if the IEP team deems it appropriate. Within a reasonable amount of time, prior to that date, an IEP team meeting should be held to discuss transition, to review progress, and complete a summary of performance. The IEP team may make the recommendation that the student graduate at a natural exit date, such as at the end of Fall or Winter semester, prior to the student’s 22nd birthday. All IEP team members, including the parents, would need to be in agreement if this option is considered appropriate.

J. Parental Revocation of Consent

If a parent or student of age notifies the school of their wish to revoke consent for placement, the following must occur:

1. A meeting should be scheduled promptly, following all procedural guidelines, to address the request and concerns. A special education supervisor should be invited.

2. The parent or student of age will complete the Revocation of Consent for the Provision Of Special Education and Related Services form (PEC-33), acknowledging their wishes. System special education personnel should assist with this if help is needed.

3. Minutes should be kept and MUST include the following:

 Information for the parent of changes and services that will be eliminated (special transportation, related services, service and benefit from other public and private programs, testing accommodations, assistive technology, and impact on graduation requirements). "Partial" revocation is not allowable.

 An explanation of why the action is occurring (parent request)

 Description of data, evaluations, records, assessment, and/or reports supporting recommendations for the student to continue to receive or withdraw from services

 Statement that the procedural safeguards available under IDEA will be forfeited and a list of sources for the parents to contact for information about IDEA Part B GADOE website. This includes the matter of discipline regarding out of school suspensions and manifestation, which will no longer apply.

 Description of other factors relevant to the situation. 25

 Description of other options considered for the student and why those options were rejected by the IEP team.

 Consideration of 504 eligibility and development of plan, if applicable.

 Must be in understandable language and in the native language of the parent

 Copy of rights must be provided and statement placed in minutes

4. If a student is of age, copy of above should be given to student and parent

5. A new consent for placement should be obtained where the parent/student of age checks NO to placement.

6. Student information should be updated to reflect event code 10 for revocation.

7. Should the parent or student of age desire to reconsider the revocation, the system will follow the process for an initial evaluation where the 60 day timeline applies. Current data may be used for eligibility determination, as appropriate.

Section IV: Individualized Educational Program State Rule: 160-4-7-.06 26

A. Participants in Individualized Education Program Planning

1. Each initial special education committee meeting must include:  The parents/guardians/surrogate of the child  At least one regular education teacher of the child  At least one special education teacher of the child  A representative of the school system, other than the student's teacher(s), who is qualified to provide or supervise the provision of special education, is knowledgeable about the general curriculum, is knowledgeable about the availability of resources of the LEA, and can interpret the instructional implications of evaluation results. This may include special education teacher, administrator, SLP, and/or Educational Evaluator  An individual who can interpret the instructional implications of evaluation results (may be same as b., c. or d.)  Other individuals who have knowledge or special expertise at the discretion of the parents or the school system (i.e. SLP, OT, PT, school nurse, behavior specialist, ESOL teacher, and/or counselor)  The student, when appropriate

2. Parent Participation:  Every effort must be made to ensure that the parents of the exceptional child are present at the IEP meeting or are afforded the opportunity to participate, including scheduling the meeting at a mutually agreed upon time and place.  If it is not possible or practical for the parent to attend, other alternatives to ensure parent participation will be attempted, including individual or conference telephone call.  A meeting may be conducted without a parent in attendance. In such a case the chairperson should record the attempts made to involve the parent(s). These attempts may include telephone calls, email, written correspondence, and home visits. Documentation of such attempts will be noted on the IEP and Parent Contact form (PEC-30) and kept in the student's confidential file.  If a parent has a communication barrier, such as deafness, or if English is not the primary language in the home, the school system will provide an interpreter or take whatever action is necessary to assure that the parent understands the proceedings. Translated due process forms are available from the PEC office.  Documentation must be provided that the parents have seen and understand their child’s IEP and have received a copy of their parental rights including the right to mediation of a disagreement.

B. General Procedures

1. An IEP must be developed for each exceptional student who will receive special education services. 27

2. The IEP (annual goals and short term objectives/benchmarks, if appropriate) must be completed during the special education committee meeting and prior to a placement decision. Parents must have the opportunity to review the IEP prior to commencement of services. 3. The IEP must stipulate:  present level of academic achievement and functional performance including the most recent results of evaluation  parent concerns  consideration of special factors  Transition Plan if applicable  measurable annual goals/objectives  student supports (instructional, classroom testing, supplemental aids and services and supports for personnel) In addition, Health Plans and Safe feeding Plans should be addressed in this section too. If a student has a health plan, the school nurse must be invited to the IEP meeting. If the student has a safe feeding plan, the SLP must be invited to the IEP meeting.  assessment determination for district and statewide assessments for grades k-12  special education service(s) to be provided including discussion of least restrictive environment and options considered, frequency, initiation of services, anticipated duration, provider title and content/specialty area(s)

C. Least Restrictive Environment State Rule: 160-4-7-.07

 if it appears that a student may require a self-contained program (4 segments or more per day outside of the general education setting), the Supervisor MUST be in attendance or give/prior clearance to proceed with the meeting.  an explanation of the extent to which the student will not participate in the general curriculum  related services to be provided, including frequency and duration of these services  transportation needs (if any)  a statement that all rights transfer to the student at age 18 (unless the student is judged to be incompetent)

D. Extended School Year

Extended School Year (ESY) must be determined annually on an individual basis. Multiple factors must be considered to determine whether a student needs ESY: . Age of student . The severity of the student's disability . Progress on skills in the IEP and/or Transition Plan . The rate of progress for the student or the rate of regression . The relative importance of the IEP goals at issue (is this an area of critical skill acquisition?) . Are related services needed for the student to progress toward IEP goals? 28

. Were there any delays or interruptions in services during the school year? . Emerging skills (student's progress has been limited until s/he has recently begun to make progress toward acquiring the skill)

1. Each student’s IEP must be reviewed at least once each calendar year. The IEP may be reviewed more often if necessary or at the request of the parent or teacher.

E. Transition/Course of Study

Beginning at age 14 the student must be invited to the IEP meeting using the Student Notification of Transition Meeting form (PEC-04A). A copy of this form must be kept in the file. For students for whom this applies, when developing the IEP, select IEP with transition in Infinite Campus. The transition plan is embedded in the IEP and is required for a student entering 9th grade or at age 16, whichever comes first.

1. The parent is notified using the Notice of Special Education Committee Meeting form (PEC04) along with a copy of Parent Rights. 2. The following forms must be completed before the transition plan is developed:  Student Transition Questionnaire (PEC-34)  Parent/Guardian Transition Questionnaire (PEC-35) 3. The transition section must be completed at a meeting with the same participants who would be included in any IEP meeting. It would be wise, in most instances, to incorporate the IEP and ITP development into the same meeting. 4. The transition plan is embedded in the IEP and must be updated annually with the IEP. At the annual review, indicate progress towards transition goals and the date they were achieved. 5. When graduating with a general diploma, Lifeskills/Work Readiness diploma, or a certificate of attendance or when exiting the school system due to age or majority, a final update of the transition plan, along with IEP goals is to be held and a Summary of Performance (PEC06E) completed. Upload a copy of all documents to the students IEP file in Infinite Campus and maintain in the file.

F. Transportation Procedures

Procedures for adding transportation as a related service are as follows: 1. Special transportation is discussed at the IEP meeting and included in the IEP, if appropriate. 2. The home school completes the Transportation Request (PEC-19) form with current information. 3. The Transportation Request form must be signed by the teacher. 4. Parent is informed that special transportation will not begin until arranged through the Transportation Office. 5. The completed and signed form is delivered to the PEC Office.

G. Progress Monitoring 29

Progress on IEP goals and/or objectives will be reported concurrent with school's reporting periods. 1. Elementary and Middle School Level:  IEP progress reports will be issued every 4 1/2 weeks  When students are issued progress reports, teachers will send home data on the goal(s) via IEP Progress Report from Infinite Campus indicating the current performance level as a percentage.  When students are issued report cards, teachers will provide parents an IEP Progress Report from Infinite Campus indicating the percentage of progress. 2. High School Level:  IEP progress reports will be issued every 9 weeks  When students are issued report cards, teachers will provide parents an IEP Progress Report from Infinite Campus indicating the percentage of progress.

A copy should be maintained in the file to document this parent communication with the date. As progress monitoring data is reviewed, it may be appropriate to consider revisiting goal criteria and mastery through an IEP amendment. See Moodle for Information on AimsWeb and Progress Monitoring

H. IEP Amendment Procedures

Revisions of a student's IEP may be made only by an IEP committee. Revisions would include any changes in recommended services, changes in annual goals or short term objectives, changes in the total amount of time services are to be provided, changes in amount of time in regular class, or changes in the duration of services. Revision of a student's IEP must include consideration of all evaluations which were initially administered to the student as well as any additional data which may have been collected. If the revisions are extensive, the committee may decide to review the old IEP and write a completely new IEP. Amendments/revisions of the IEP should be made as follows:

1.a.1.a.i.1. The parent or guardian should be notified of the IEP review using the Notification of Special Education Committee Meeting form (PEC-04). 1.a.1.a.i.2. For revisions of the IEP, update the PLAFFP or use the Additional Notes page from Infinite Campus to summarize all changes to be made and the reasons for those changes. The report should state that it is an IEP Amendment and give a summary of the discussion and decisions made. 1.a.1.a.i.3. All changes to the IEP must be recorded within the IEP Amendment. The PLAAFP section must be completed. Complete the implementation date carefully. This typically is the date of the meeting or the date after. The ending date of the IEP remains the same as the original meeting end date. 1.a.1.a.i.4. All participants should sign the signature page.

An IEP Amendment cannot extend an IEP for more time than the original one year. Red exclamation points (!) within Infinite Campus indicate there is a problem with dates.

I. Related Services 30

Related services are defined as those services required to assist a child with a disability to benefit from special education. Students who are found eligible to receive services under the twelve special education disability categories can be considered for related services. Related services means transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education, and include:  audiological services;  psychological services;  speech-language pathology;  physical therapy;  occupational therapy;  social work services;  counseling services, including rehabilitation services;  orientation and mobility services;  interpreting services;  school nurse services;  medical services for diagnostic or evaluation purposes;  recreation, including therapeutic recreation;  early identification and assessment;  parent training; and  transportation.

1. Related services are those services necessary for the student to benefit from special education; if it can be performed during non-school hours, or is required regardless of whether the student attends school, it is not a related service. 2. To be considered a school health service, the assistance must be performed by a school nurse or other qualified person, and must not require a physician. 3. To determine what special education services and/or related services will be provided to the child, the IEP team looks at the child’s present levels of academic and functional performance, assessment results, measurable annual goals, and, if appropriate, the short term objectives or benchmarks that are included in the IEP. Any services should:  be based on the unique needs and abilities of the child and,  help the child advance appropriately toward attaining his or her annual goals. 4. IDEA refers to related services and supplementary aids and services that are "based on peer-reviewed research to the extent ‘practicable.’" This means research that involves the application of rigorous, systematic, and objective procedures to obtain reliable and valid knowledge relevant to educational activities and programs, which refers to those services and supports that are proven through research data to improve student learning. 5. Related services may be documented in the IEP in several areas, including  the recommended special education and related services section,  the supplementary aids and services section, or  the instructional accommodations or modifications section.

Adaptive P.E. 31

Student must meet eligibility criteria under IDEA in an area of disability in order to be eligible for adaptive physical education.  Performance below the 30th percentile on standardized tests of motor development, motor proficiency, fundamental motor skills and patterns, physical fitness, games/sport skills and/or perceptual-motor functioning  Developmental delay of two or more years in any of the above areas based on appropriate assessment instruments  Social/emotional or physical skill levels such that goals set for regular physical education programs are not appropriate for the special education student or these goals must be individually modified to meet student needs

Special Transportation

Special transportation is a related service provided to students who cannot ride a regular bus due to:  physical disabilities,  emotional behavior disorder or intellectual disability, or  placement outside of the home school district.

In each case special transportation must be included in the IEP as a related service (i.e., "required for the student to benefit from the special education program"). See section IV.D. for procedures.

Note: A student may be considered eligible for special education services only when the criteria for one or more of the areas of exceptionality have been documented. The nature of the deficit or disability must be such that the student's classroom performance is not correctable without clinical/specialized techniques that are fundamentally different from those available in the regular classroom or in basic remedial/tutorial approaches. The student's need for academic support is not sufficient for eligibility and does not override the other established requirements for determining eligibility.

J. Safe Feeding

Students who have safe feeding concerns are required to have a Physician's Safe Feeding Plan in place each school year. The Physician's Safe Feeding Plan must outline the feeding guidelines for the student, and be signed by a doctor (MD). Any changes to a students' feeding plan at school must be defined in an updated Physician's Safe Feeding Plan that is signed by a doctor (MD). No changes to a students' feeding plan will be made without a signed updated Physician's Safe Feeding Plan. The Physician's Safe Feeding Plan will be updated each school year. Please see the Speech Language Pathologist (SLP) at your school if you have any questions or concerns regarding Safe Feeding.

K. Other Referral Procedures 32

1. Additional Special Education Services

A parent or professional staff member may at any time request a student be considered for additional special education services. The following procedures are to be utilized for such a request:

 The special education teacher responsible for the student's file schedules a reevaluation determination meeting with the parent and appropriate staff members. Follow all due process procedures and notify parent using PEC-04 (include copy of Parent Rights).

 Student data considered at the meeting should include information such as current special education services, amount of time receiving services, intervention strategies used and their effectiveness, grade level of instructional materials being used, reasons other services might be more appropriate, and any necessary eligibility requirements. If additional testing is necessary, parents must sign a new Consent for Evaluation form (PEC-03). The Reevaluation Determination form (PEC-07) is used to document the decision of the committee.

 If additional assessments are completed, the assigned chairperson will conduct a special education committee meeting with the parents and appropriate school personnel to determine eligibility and to develop or amend the student's IEP as appropriate. NOTE: Except in cases where the student has moved, dropped out or deceased, no IEP change may occur unless it is made through a special education committee meeting.

2. Physical or Occupational Therapy Since Physical Therapy (PT) and Occupational Therapy (OT) are related services under IDEA, a student must be receiving (or be eligible for) special education services, or in the process of initial evaluation, to be considered for PT or OT services/evaluation. The procedure to request PT/OT evaluation(s) is as follows:  The IEP or referring committee determines the need for an OT or PT referral, documenting decision in the minutes.

 The student's medical doctor completes the Physician's Referral for Physical Therapy/ Occupational Therapy form (PEC-17).

 A Teacher Referral for Occupational Therapy form (PEC-18A) or Teacher Referral for Physical Therapy form (PEC-18B) and the OT/PT Referral Checklist (PEC-18C) must be completed and mailed to a coordinator of Special Education.

3. Cobb-Douglas Georgia Network of Educational and Therapeutic Services (GNETS) (H.A.V.E.N. Academy) for students with severe emotional and behavior disorders 33

Georgia Network for Educational and Therapeutic Support (GNETS) Referrals to H.A.V.E.N. Academy must be made through the PEC office. The following procedures should be followed:  The Educational Evaluator contacts the school's coordinator.

 The special education teacher will begin the GNETS/HAVEN referral form PEC-39

 The special education teacher emails the Functional Behavioral Assessment, Behavior Intervention Plan, School Psychological and Eligibility Report to GNETS coordinator

 GNETS/HAVEN designee recommends interventions for implementation to use for a minimum of 10 days.

 The HAVEN Academy Coordinator sends a GNETS staff person to the home school to observe the student and review the due process file and other records, such as discipline and attendance records. The student must already be receiving services for at least half the school day.

 If the GNETS Coordinator recommends placement consideration to HAVEN, special education teacher completes PEC- 41. All components of PEC-41 should be completed prior to placement in GNETS/HAVEN.

 Parents/guardians are informed by the home school that a referral to the HAVEN Academy program is being made. (Let them know that they are invited to contact the HAVEN Academy Program Coordinator to schedule a visit if they wish).

 If needed, the HAVEN Academy Coordinator directs the home school to hold a re-evaluation determination meeting to initiate additional testing.

 The referring school schedules an IEP meeting and invites the HAVEN Academy Coordinator or representative to the meeting. The Education Evaluator completes PEC-40 to give to GNETS staff at meeting.

 After testing is reviewed and options have been discussed, if placement in HAVEN Academy program is determined to be the least restrictive environment for the student, the home school completes and submits the special transportation request form if needed. For enrollment purposes the home school assists the parents/guardians in obtaining the appropriate withdrawal paperwork to take to the school where the HAVEN Academy program is based.

 If Director's Approval is necessary for the student's file, the home school is responsible for submitting the file within the required time period, completing the necessary corrections, and delivering the file to the designated lead teacher at the HAVEN Academy program.

4. Hospital/Homebound (for students with disabilities)

Criteria for homebound services: 34

 The parent obtains the Hospital/Homebound form from the local school, has the physician complete it, and returns it to the designated person at home school.

 All requests are reviewed by the Office of Student Services.

 Once approval is granted by the Office of Student Services, an IEP meeting is scheduled.

 An IEP committee convenes including the parents, the classroom teacher, Hospital/Homebound teacher, and special education teacher amend the IEP, if appropriate.

5. Intermittent Home Services for Students with Disabilities Students who have a medically diagnosed physical condition which restricts them to their home for a period of time which will significantly interfere with their education can be eligible for Intermittent Home services. Such students, or their parents, must submit a medical referral form completed by a licensed medical physician and updated annually. The physician must project that due to the diagnosed condition the student may be absent for less than ten school days at a time on an intermittent basis and is physically able to profit from educational instruction. If this is applicable for any of your students, please contact the PEC office. 35

Section V: BEHAVIOR AND DISCIPLINE

A. Discipline State Rule: 160.4-7-.10

1. District personnel should follow specific procedures when they discipline students with disabilities. In this manual, removals of students by district officials refer to Out- of-school Suspensions (OSS), expulsions, or other disciplinary actions of students under the Individuals with Disabilities Education Act (IDEA). Questions concerning disciplinary actions for students with disabilities should be addressed with the administrator, the local special education director or coordinator

2. All schools in Georgia have a code of student conduct and school rules. Usually a handbook is given out at the time of enrollment. Access to handbooks is also provided within the school setting and online. Parents, students, educators, and administrators need to know what the code of conduct and rules are, and students with disabilities should be expected to follow the rules that are in effect for all of the students in the school. Disciplinary procedures described in this section pertain to all students with disabilities in any category of eligibility who violate the code of student conduct.

B. School-wide Positive Behavior Supports PBIS

The mission of the Douglas County School System is to provide a quality education for all students in a safe, supportive environment. In general, the mission of schools is to provide opportunities for students to achieve three primary and interrelated expectations that enable participation, contribution, and success in schools, communities, and post-school outcomes. These three expectations are:

 academic skill competence;  social skill competence; and  lifestyle skill competence.

In order for schools to address problem behavior successfully, best practice dictates placing an increased emphasis on proactive approaches rather than reactive behavior management. Proactive approaches to discipline for all students include expectations of more socially acceptable behaviors that are directly taught, skills that are regularly practiced in the school environment by staff and students, and frequent recognition of everyone in the school environment in the performance of these behaviors.

To shift from a reactive and aversive approach for managing problem behavior and discipline issues, to a positive and prevention oriented approach, schools must

 work for and with all students, since every student entering school needs behavior support;  give priority to evidence-based procedures;  integrate academic and behavioral success for all students;  emphasize prevention in establishing and maintaining safe and supportive school climates;  expand the use of effective practices to district, county, regional, and state levels;  increase collaboration among multiple community support systems, (i.e., education, juvenile justice, community mental health, family, and medical); and  build a school environment where team building and problem-solving skills are expected, taught, and reinforced.

Studies suggest that schools that imbed positive and prevention oriented school-wide discipline programs in the current student code of conduct will achieve:

 a decrease in office discipline referrals;  a safe and healthy school climate;  a climate where teachers can teach and students can learn; and  a climate where learning and teaching are valued.

C. Disciplinary Action of 10 School Days or Less

Students with disabilities should be expected to follow the code of conduct. A student with a disability, who has an Individualized Education Program (IEP) in effect, can be removed to OSS, another setting, or an appropriate interim alternative educational setting (IAES), just as any other student without a disability can, for up to a total 10 school days, for violations of the code of conduct or school rules. The 10 days can be consecutive or cumulative and can occur during one school year. It is not necessary for the IEP team to meet when this occurs. Likewise, it is not necessary for a manifestation determination to be completed, a functional behavior assessment to be conducted, a behavior intervention plan to be developed, or for any special education services to be provided if the removal is for 10 or fewer school days in the school year.

D. In School Suspension

Students with disabilities who are in In-School Suspension (ISS) must continue to have access to the general curriculum and to progress toward the goals in the IEP in order for ISS not to be considered a removal and not to be counted toward the 10 days of suspension.

E. Disciplinary Actions beyond 10 Days

When frequent disciplinary actions add up to more than 10 school days in a school year, or when frequent disciplinary actions clearly indicate a pattern that is a change in placement, the 37

IEP team must determine appropriate services that allow the student to continue to participate in the general education curriculum and progress toward meeting the goals outlined in the student’s IEP, although in another setting.

After a student has been removed for 10 school days in the same school year, and a subsequent removal is not for more than 10 consecutive days and is not a change in placement, then the district personnel and at least one of the student’s teachers must determine the extent of services needed so the student can continue to participate in the general education curriculum and progress toward meeting the goals outlined in the student’s IEP, although in another setting.

If district officials want to suspend a student from school for more than 10 consecutive school days, or to have a student’s educational setting changed to an interim alternative educational setting for up to 45 school days for weapon or drug possession or for infliction of serious bodily injury on another person, district officials must notify the parent immediately of this decision.

District personnel may consider unique circumstances when determining whether a change in placement is appropriate for a student with a disability. These circumstances are best determined at the local level by district personnel who know the student and the facts and factors related to the behavioral violation. District personnel may consider various forms of information such as the student’s disciplinary history, ability to understand the consequences, and expression of remorse, as well as the supports that were provided to the student prior to the behavioral violation.

F. Manifestation Determination

Within 10 school days from the beginning of a disciplinary action that either exceeds 10 school days in a row or that constitutes a pattern of removals (a change in placement), the student’s IEP team must meet to determine whether the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability or whether the conduct was a result of the district’s failure to implement the student’s IEP. These steps are referred to as a “manifestation determination.”

In making this determination, the district, the parent, and relevant members of the IEP team (as determined by the parent and the district), will review

 the student’s IEP,  the student’s behavior intervention plan,  any relevant teacher observations, and  any other information provided by the parents.

If the IEP team finds that the student’s behavior was caused by or had a direct and substantial relationship to the student’s disability, or that the behavior was a direct result of the district’s failure to implement the IEP, then the behavior is a manifestation of the student’s disability. In this case, if the student does not have a behavior intervention 38

plan, the IEP team must conduct a functional behavioral assessment and implement a behavior intervention plan to address the behavioral violation. If the student already has a behavior intervention plan that addresses the conduct in question, the IEP team must review and modify it as necessary to address the behavior.

If the IEP team finds that the student’s behavior was not a manifestation of the student’s disability, the same disciplinary actions can be imposed on the student with a disability as those imposed on any student. If these actions include expulsion, the IEP team must determine how the student will continue to receive educational services that allow him or her to continue to participate in the general education curriculum and progress toward meeting the goals in the IEP. In addition, the IEP team, if appropriate, will conduct a functional behavior assessment and develop a behavior intervention plan.

G. Special Offenses

Certain serious behavior problems can lead to a student being moved to an interim alternative educational setting (IAES) for up to 45 school days, even if the conduct is determined to be a manifestation of the student’s disability. Removing the student for these offenses does not require parent consent or agreement, nor does it require a tribunal hearing. These offenses involve:

 Weapons  Drugs  Serious bodily injury

H. PROCEDURES FOR MANIFESTATION DETERMINATION MEETINGS

1. Administrator is considering possible change of placement due to a discipline offense of a student with an IEP. 2. Administrator will contact the designated Coordinator and Educational Evaluator to discuss charges. 3. EE will gather background information on student (eligibility category/services/history) and discuss charge(s) with building administrator, Supervisor and Coordinator. 4. Administrator discusses tribunal procedure with parent and schedules tribunal meeting. A waiver to a tribunal hearing is offered to parent. 5. If parent signs waiver, the EE will schedule a manifestation meeting. Meeting notices and Parent Rights are sent to parent and student (if applicable). 6. If parent chooses not to sign a waiver, a tribunal hearing will be scheduled by building administrator. The EE will submit PEC folder to designated Coordinator.  If NOT guilty, charges are dropped. The EE will consult with Coordinator and/or Supervisor.  If guilty, EE will schedule a manifestation determination meeting. Meeting notices and Parent Rights are sent to parent and student (if applicable). 7. The EE will conduct the MDM. Committee members will include Parent, Student (if applicable), Administrator/LEA, Gen Ed Teacher and EE. It is recommended to include the case manager if possible. 39

 If NOT a manifestation, the committee will discuss consequences of disciplinary infraction. If change of placement is decided, review and amend current IEP as appropriate.  IF IS a manifestation, the committee will discuss INTERVENTIONS for the student as It relates to the disciplinary infraction. Review and amend current IEP as appropriate. 8. If amendment is warranted, the EE will complete the following items:  Create an IEP amendment  Update or develop FBA/BIP as needed  Update Student Supports as needed  Review/update goals as appropriate 9. If attending Ombudsman, the EE will complete the following items:  IEP amendment which clearly stated minutes to include time at Ombudsman, incentives for early return and reconvene date. Finalize amendment within 5 days or sooner.  Transportation Form – submit to Randa Gaddis on day of MDM.  Contact AP/Counselor to submit ILP on day of MDM.  Contact Ombudsman teachers (Kathy Coughlin and Jerome Millender) via phone and email to notify of enrolling student.  If student has speech services, contact Speech Therapist via email to notify of enrolling student. Copy SLP from home school on email.

I. Ombudsman Responsibilities

1. Ombudsman will contact parent to schedule intake meeting and notify special education teachers at Ombudsman of the scheduled intake meeting. 2. Duties and Responsibilities of Ombudsman Special Education Teachers  Attend the intake meeting for enrolling students  Accessing IEPs for enrolled students on IC  Provide progress monitoring of IEP goals while student is enrolled at Ombudsman  Attend reintegration meetings and report data concerning progress

J. Components of a Functional Behavior Assessment (FBA)

1. FBA team members work collaboratively through the process and document the results. 2. Team members utilize the antecedent-behavior-consequence model as the basis for behavior. 3. A description/operational definition of the target/problem behavior is developed by the team that clearly describes and states what the student is doing in observable, objective, and measurable terms. 40

4. Team members select FBA direct measurement data systems that are appropriate for the target behaviors (e.g., frequency, duration, latency, interval recording, time sampling, and permanent product recording). 5. Team-based decision making should include manageable strategies for sampling behavior during relevant times and contexts.

6. Direct data collection team planning should include how the raw data will be converted into a standardized format (e.g., rate, percent). 7. In addition to direct observation of behavior, FBA information sources can include multi-element assessments; documentation of student, teacher, and parent interviews (including student preferences); indirect data collection (checklists, questionnaires); previous interventions tried; educational impact of the behavior; and record review. 8. The team’s analysis of the comprehensive FBA assessments should identify patterns and result in summative information that should include  time of day and settings where the behavior typically occurs  subject/activity when the behavior most often occurs  frequency/duration/intensity of the behavior  people present during the behavior  antecedents/events or conditions that immediately precede/trigger the behavior  consequences that maintain the problem behavior 9. Through the collaborative team-based decision-making process, the team agrees on a hypothesis/summary statement as to the function/purpose of the target behavior.

K. Components for a Behavioral Intervention Plan (BIP)

1. Target/problem behavior, the hypothesized function of the behavior, and a summary of data collected that led to the hypothesis are included in the plan. 2. Behavior intervention plans are driven by the hypotheses, and the FBA data collected are individualized for the student and include  positive (preventive) strategies to avoid the target behavior (e.g., antecedent modifications), which can include instructional modifications, behavioral precursors as signals, modification of routines, opportunities for choice/control, clear expectations, pre-correction, errorless learning, etc.  selected new skills to replace problem behaviors that can be as or more effective than the problem behavior (replacement behaviors may include communication skills, social skills, self-management/monitoring skills, choice making, etc.)  instructional methods to teach replacement behaviors that can include pre- instruction; modeling; rehearsal; social stories; incidental teaching; peer buddy; meeting sensory needs; direct instruction; and verbal, physical, and/or visual prompting; etc.  consequences that promote the learning of the replacement behavior that are based on student preferences  consequences that address the occurrence of the target behavior 41

 the desired outcomes of the behavioral intervention plan for the student 3. The action plan for the implementation of the BIP should include  activities, dates, and documentation describing who is responsible for completing each task  materials, training, and support for the implementers of the plan explanation of how data will be collected and analyzed  timelines for team meetings, data analysis, and monitoring the success of the BIP

4. If necessary, a crisis intervention plan is developed when the safety of the student or others must be assured.

Section VII: Procedural Safeguards and Provisions

A. Free Appropriate Public Education (FAPE) State Rule: 160-4-7-.02

A free appropriate public education (FAPE) must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school, as provided for in 160-4-7-.10 Discipline.

B. PARENT/GUARDIAN RIGHTS State Rule: 160-4-7-.09

A copy of procedural safeguards (Parent Rights) must be given to parents:

 At least one time per school year (typically at the annual review);

 Upon initial referral or parent request for evaluation;

 Upon receipt of the first state complaint in a school year;

 Upon receipt of the first request for a due process hearing in a school year;

 Upon notification by the LEA to the parent of the decision to remove the child from his or her current placement and the removal constitutes a change of placement under the discipline provisions and state rules because of a violation of a code of student conduct; and

 Upon request by the parent.

1. Parent rights must also be explained orally, in the parent/guardian's native language, or in their natural mode of communication (i.e. if parents are deaf, an alternative mode of communication such as manual signing, must be used.) Contact the PEC Office for translated forms. 42

2. Space for documentation that parents have received and been informed of their rights is included on several of the PEC forms. Such documentation must be provided for every student.

C. STUDENT RECORDS

The following information is applicable only to records maintained for special education services in the local school. Reference should be made to the Douglas County Board of Education Policy Manual for established procedures and policies regarding permanent student records.

1. Confidential Files State Rule: 160-4-7-.08

Each student receiving special education services must have a confidential file which contains the following in the indicated order:

 The Record Release/Review Log form (PEC-29) must be attached to the outside front of the file.

 The Parent Contact form (PEC-30) must be attached to the inside front of the file.

 The first item in the file must be the Placement Notice (PEC-11).

 Each school year should be organized following special education folder format.

 Forms and items from each prior school year should be paper clipped or rubber banded together and labeled (i.e., "2001-02 School Year"). PLEASE NOTE: A SCHOOL YEAR RUNS FROM AUGUST UNTIL MAY. Each prior year's information should be filed in descending order with the prior year following the current year, and the first year placed as the last section of the file.

NOTE: There can only be one "official" Due Process file for a student. If a student receives more than one special education service, the primary area teacher is responsible for maintaining the "official" file. Individual teachers may maintain a "work file" with copies of selected official material provided the "work file" is kept under lock.

 It is recommended that the special education confidential files be kept in the same area in which the school maintains permanent records.

 The principal should post in the area of the confidential files a listing by name and position of individuals who routinely have access to the confidential files. It is recommended that the principal consider carefully those individuals who will have access to these records. Parents may request the names of persons who have access to the information.

 No information of a confidential nature may be kept outside of these confidential files. Teachers or other personnel may not maintain files containing student confidential information in their classrooms or other areas of the building. (See Note above.) All original items should be maintained in the confidential folder.

 To safeguard confidentiality, ALL draft documents must be shredded. 43

 The parents/guardians/surrogate of a student have the right to review all information in the file. They may challenge the contents of the confidential file. The principal should direct the parent to the PEC Office to initiate a formal review of the records.

 Parents/guardians may also provide information from other sources to be included in the confidential file. Copies of any information received from the student's parent/guardian to be included in the confidential file should be sent to the PEC Office.

2. Confidentiality

Confidential records maintained for students served by special education are protected under provision of the policies of the Douglas County Board of Education and state and federal law. It is the principal's responsibility to insure that confidential information is safeguarded and released only in accordance with system policies and procedures.

 Confidential information contained in a local school special education file can be released to an agency outside of the Douglas County School System with signed consent of the parent/guardian or the student at age 18 or older. For students who are in the legal custody of the Department of Family and Children Services (DFCS), the DFCS caseworker may also sign to release records. This information is released solely through the PEC Office unless otherwise approved by the Director, Program for Exceptional Children.

 Requests for release of confidential information should be directed to the PEC Office.

 Records may be inspected by employees of the Douglas County School System whose names and positions have been posted by the principal. (A form is provided for this purpose.) Other persons employed by the school system may be approved by the principal. A notation of the inspection by any person not on the posted listing should be made on the Record Release/Review Log (PEC- 29) contained in the student's file.

 Persons outside of the school system may not inspect any student's confidential file except with signed parental consent (see 1. above). It is recommended that requests to review confidential records be directed to the Director, Program for Exceptional Children.

 Requests for records or information received under a court order or subpoena should be directed to the Director, Program for Exceptional Children.

3. Parent Review of Records 44

 The parent, legal guardian, or surrogate parent of a student receiving special education services may inspect the student's confidential file upon request.

 The parent or guardian may also obtain a copy of any report or information in their child's file at reasonable cost unless such copying is prohibited under copyright law. Copies of records may not be withheld from a parent/guardian because of inability to pay for duplicating. Parents or guardians who wish copies of confidential information may be referred to the Director, Program for Exceptional Children. The PEC Office may be responsible for collecting copying fees and providing copies of the requested reports.

 Documentation of parent/guardian review of records should be maintained using the student's Record Release/Review Log (PEC-29).

 Students age 18 years or older may inspect their confidential file upon request unless a legal guardian has been appointed or the student has been declared incompetent.

4. Persons Authorized to View Confidential Student Records

Access to confidential special education records is limited to authorized personnel. Listed below are persons who may be authorized by the school system and/or the principal to view confidential files.

 Federal, state, and local education officials of authority

 Agents connected with a student's application for, or receipt of, financial aid

 Accreditation organization(s) in order to carry out accrediting functions

 Authorized officers of the courts

 Parent(s), legal guardian(s), or surrogate parent of a dependent child

 Students 18 years old or older or enrolled in a post-secondary program

 Student's principal(s)

 Student's regular education classroom teacher(s) and special education teacher(s)

 Supervisors of student's teacher(s)

 Other Douglas County school officials who have been determined to have a legitimate educational interest

 Persons given written authority by parent(s)/guardian(s) 45

5. Transfer/Release of Student Records

a. Within County Transfers

 When a student transfers from one Douglas County school to another school within the system, the entire special education confidential file should be sent directly to the receiving school upon verification that the student has been enrolled in the new school.

 The student information system should be updated to reflect the transfer.

b. Out of County Transfers

 Students leaving the Douglas County School System should have their entire special education file returned to the PEC Records Center to the attention of Randa Gaddis. Attach a completed Student Withdrawal form (PEC-21) to the file. A notation to this effect should be made in the school’s log indicating the special education files that have been sent out of the building. These records will be made available to the receiving school system or agency upon request and with signed parent Authorization to Release Information form (PEC-24). A Student Withdrawal form (PEC-21) should be attached to the front of the file to indicate disposition.

c. Terminated Students

 Files of students who are terminated from all special education services should be returned to the PEC Records Center to the attention of Randa Gaddis. Attach a completed Student Withdrawal form (PEC-21) to the file. This file is placed in an "Inactive Status" for a period of time. The school system is required to destroy this information when it is no longer needed for educational planning purposes. Notification is published in the local newspaper prior to the information being destroyed and parents/students are given an opportunity to obtain the files.

d. Release of Confidential Records of Enrolled Students

 Parents/guardians who wish to release their child's confidential records to another school, agency, or individual should sign the Authorization to Release Information form (PEC-24). The PEC teacher should send the file and release form to the PEC Records Center where it will be copied and mailed. Students age 18 or older sign their own release form.

NOTE: No confidential special education information may be released to any agency, school system, or individual (except the parent/guardian) except through the Director, Program for Exceptional Children. Refer to the Douglas County Board of Education Policy JR for additional information.

6. Requests for Records from Other Schools/Agencies 46

To request records from other school systems or agencies, have the parent/guardian sign an Authorization to Release Confidential Information form (PEC-23) and complete the address for the school/agency. Send ALL COPIES of the signed release to the PEC Office where the original will be mailed and a copy returned to the school. When the records are received in the PEC Office, a copy will be forwarded to the local school along with written instructions. These records should be reviewed with all personnel who work with the student and all due process procedures completed as instructed.

7. Holding Records from Transfer

Special education records may not be held because of fees owed by the student. A notation should be made in the special education file that a fee is owed. The special education file should be routed as described in this manual.

8. Types and Location of Education Records

There may be occasions when the types and location of various educational records will need to be explained to parents or others. The Types and Location of Education Records form (PEC-37) may be copied and distributed to appropriate persons if this need arises.

9. Inactive Records

Inactive records are maintained at the Central Office under the supervision of the Special Education Records Clerk.

D. TERMINATION, MONITORING, WITHDRAWAL, AND WITHIN COUNTY TRANSFER PROCEDURES

1. Termination and Monitoring Procedures

 A student may be dismissed from special education at any time due to improved status by following the appropriate procedure.

 No prior notice from the PEC Office is required to dismiss a student.

 A student being considered for termination from special education must be reevaluated. The special education committee determines the components of this reevaluation and completes the Reevaluation Determination form (PEC-07). After the reevaluation, if the committee determines that the student remains eligible for services, the student may be served through the consultative model for a period of approximately one semester to one year to ensure a smooth transition into regular education. A new IEP must be written that describes the type and frequency of the consultative services. The IEP must include annual goals and short term objectives/benchmarks (if appropriate). 47

 When the consultative time period has elapsed, a decision must be made at an IEP meeting (including parents) to: (1) renew the consultative services, (2) increase time in special education, or (3) terminate services.

 The committee's decision is documented on the IEP forms. The report should summarize the discussion and the current IEP for consultative services should be reviewed.

 If the committee's decision is for the student to continue receiving special education services, a new IEP should be developed or the current IEP should be amended, and the IEP Minutes and Services Considered section must summarize the discussion and alternatives considered for implementing the new IEP.

 If the reevaluation indicates that the student is no longer eligible for special education services, the IEP forms should reflect the decision and special education services are terminated. The student may be referred to SST for consideration of 504 eligibility or for classroom accommodations, if appropriate.

 If a student is terminated from all special education services, the student information system should be updated to reflect the termination.

NOTE: If the student has been on consultative status and eligibility information is no longer current or if the student is in need of a comprehensive reevaluation, the procedures for evaluation must be followed.

2. Withdrawal Procedures

 A student may be withdrawn from school and special education services at any time for reasons such as the following:

moved (out of county)

dropped out of school

 No meeting is necessary for withdrawal.

 The student's file should be mailed to the PEC Office with a completed Student Withdrawal form (PEC-21) attached to the outside of the folder.

 Update the student information system.

3. Within County Transfer Procedures

Students currently receiving special education services who transfer within Douglas County should receive the same services in the school to which they transfer, if possible. 48

 The Educational Evaluator or the student's special education teacher should confirm via telephone that the student enrolled in the new school and send the student's confidential special education file directly to the new school.

 The student's new special education teacher(s) should verify that the Student Information System is updated.

E. SURROGATE PARENT PROCEDURES State Rule: 160-4-7-.11

1. Students in Need of a Surrogate Parent

a. IDEA defines the conditions under which students need representation by a surrogate parent as being "when no parent can be identified or located or the child is a ward of the state".

b. IDEA defines the term "parent" as a natural or adoptive parent, a guardian, a person acting as a parent, or a surrogate parent who has been appointed to represent the child in educational issues.

c. The surrogate parent cannot be an employee of the agency providing services to the child, including the Douglas County School System and the Department of Family and Children Services.

2. Responsibilities of Surrogate Parents

a. Surrogate parents may represent the student in all matters relating to the identification, evaluation, and educational placement of the student and the provision of a free appropriate public education to the student. Surrogate parents may only exercise the rights granted parents under IDEA.

b. Each person selected as a surrogate parent shall:

 Have no interest that conflicts with the interests of the student he/she represents;

 Have knowledge and skills that ensure adequate representation of the child;

 Not be an employee of the Douglas County School System or the public agency involved in the care of the child (i.e., DFCS, DJJ).

 Receive in-service training in regard to provisions of a free appropriate public education. 49

 Surrogate parents have the same right to see educational records as natural parents. This includes all records to which school administrators and teachers have access.

3. Recruiting and Training Surrogate Parents

 The Douglas County School System has the responsibility for recruiting, training, and appointing surrogate parents. Each principal within Douglas County is encouraged to recruit people from his/her school district to be trained as surrogate parents. Individuals may be recruited from sources including parent-teacher organizations, retired teachers, ministers, other parents of disabled children, and so forth.

 The PEC Office will be responsible for the training of all surrogate parents. Contact the Director/Coordinator, Program for Exceptional Children, to answer questions related to surrogate parents.

 The PEC Office is responsible for sending a letter verifying a surrogate. A copy of this letter is sent to the case manager to be included in the special education file.

F. GUARDIAN AD LITEM

A Guardian Ad Litem will be assigned by the court through a court order. A Guardian Ad Litem may attend meetings, participate with the IEP team in making educational decisions for the student, and review and receive confidential records. Contact the PEC office at ext. 2135 with any questions.

G. DISPUTE RESOLUTION State Rule: 160-4-7-.12

If it appears that a parent/guardian/surrogate and the local school cannot reach an agreement on identification, evaluation, placement, or a free appropriate public education for a student with a disability, then either party may request mediation or a hearing. Every effort should be made to resolve disagreements at the local level in order to avoid mediations and hearings. If disagreements arise, immediately contact your supervisor and/or coordinator. Either the special education director/coordinator/supervisor can often assist a family to work out the differences with minimal time and conflict. When a resolution cannot be worked out locally, there are processes guaranteed to families of students with disabilities under the Individuals with Disabilities Education Act (IDEA). There specific steps and timelines to follow with each process.

These include (1) formal complaints, (2) mediation and/or (3) a due process hearing. There are specific procedures which must be followed. The PEC Office (or Director/Coordinator) will ensure that all procedures are followed. Follow the links below for additional information. 50

Formal Complaints

Mediation Requests

Due Process Hearing Requests