7705 Special Education Policies

Grand Island Public Schools adopts this special education policy with the intent that the policy maintain the District’s compliance with all applicable laws affecting special education services and programs. The Superintendent or designees shall develop regulations or procedures to implement these policies. Employees and contractors of the District are expected to comply with these policies and all regulations, guidelines and procedures related to this policy in all respects.

The Grand Island Public Schools will abide by all state and federal laws relating to special education. The District’s special education policy and regulations, guidelines and procedures related to this policy are to be interpreted so as to be in compliance with such laws.  In the event of changes in law, the school administration shall be authorized to implement modifications of practice to comply with such changes (whether the changes impose more or less stringent procedural or substantive requirements) until such time as amended policies are adopted by the Grand Island Public Schools’ Board of Education.  References herein to 92 NAC 51 citations are made to Rule 51 as in effect on the date of the adoption of these policies. In the event of renumbering or other revisions to Rule 51, the policy shall be interpreted and implemented consistent with such renumbering or revisions.

  1. Free Appropriate Public Education
    A free appropriate public education shall be made available to all children with disabilities residing in the District from date of diagnosis through the school year in which the student reaches 21 years of age, including children with disabilities who have been suspended or expelled.
    Legal Reference: 92 NAC 51-004.01 through 004.03A and 007.07C2 through 007.07C6
  2. Full Educational Opportunity Goal
    The District shall take steps to ensure that its children with verified disabilities have available to them the variety of educational programs and services available to children without disabilities in the areas served by the District, including art, music, industrial arts, family consumer science education, and vocational education.
    Legal Reference: 92 NAC 51-004.11A
  3. Child Find
    All children with disabilities residing in the District, including children with disabilities who are homeless or are wards of the state or attending nonpublic schools, regardless of the severity of their disabilities, who are in need of special education and related services, will be identified, located and evaluated and a practical method shall be developed and implemented by the administration to determine which children with disabilities are currently receiving needed special education and related services.
    Legal Reference: 92 NAC 51-006.01 through 006.01A2
  4. Individualized Education Program (IEP)
    An individualized education program, or an individualized family service plan, is to be developed, reviewed, and revised for each child with a disability in accordance with 92 NAC 51-007.
    Legal Reference: 92 NAC 51-007
  5. Least Restrictive Environment
    To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are to be educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment will occur only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
    Legal Reference: 92 NAC 51-008.01 through 008.011
  6. Procedural Safeguards
    Children with disabilities and their parents shall be afforded the required procedural safeguards.
    Legal Reference: 92 NAC 51-009.01 through 009.07; 009.10 through 009.12; 009.14, 006.07 and 016.01
  7. Evaluation and Identification Procedures
    Children with disabilities shall be evaluated and identified in accordance with 92 NAC 51-006. The District will respond to a request for an Independent Educational Evaluation without unnecessary delay. Locations of any evaluator shall be within a reasonable distance of the District. A reasonable distance means within 100 miles of the school building the child attends and within Nebraska. In the event this geographic area restriction would prevent a parent from obtaining an Independent Educational Evaluation, the location of the evaluator may be outside the specified geographic area but must be within Nebraska.  The District will provide the parent(s) with a list of qualified agencies/evaluators within the geographic area. The evaluators are to have their rates approved by the Nebraska Department of Education to be authorized to conduct the evaluation.
    Legal Reference: 92 NAC 51-006
  8. Confidentiality of Personally Identifiable Information
    The confidentiality of student records and information shall be maintained in accordance with law.
    Legal Reference: 92 NAC 51-003.16, 003.20, 009.03 through 009.03M3
  9. Transition of Children from Part C to Preschool Programs
    Children participating in early intervention programs under Part C of the IDEA (early intervention services) and who will participate in preschool programs assisted under Part B of the IDEA (services for school-aged children) shall experience a smooth and effective transition to those preschool programs in a manner consistent with 92 NAC 51-007.16.  By the third birthday of such a child, an individualized education program or an individualized family service plan shall be developed and be implemented for the child.  The District will participate in transition planning conferences arranged by the designated lead agency.
    Legal Reference: 92 NAC 51-007.16 through 007.16B1b
  10. Children in Nonpublic Schools
    To the extent consistent with the number and location of children with disabilities in the District who are enrolled by their parents in nonpublic elementary and secondary schools in the District, provision will be made for the participation of those children in the programs assisted or carried out under Part B of the IDEA (services for school-aged children) by providing them with special education and related services.
    Legal Reference: 92 NAC 51-012.08 and 015
  11. Personnel Standards and Personnel Development
    Personnel providing special education or related services to children with disabilities shall be appropriately and adequately in accordance with IDEA requirements and the District will take measurable steps to recruit, hire, train and retain personnel meeting the requirements of IDEA to provide such services.
    Legal Reference: 92 NAC 51-010
  12. Participation in and Reporting of State and District Wide Assessments
    All children with disabilities shall be included in all general state and district wide assessment programs, including assessments described under section 612(a)(16)(A) of the IDEA with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individualized education programs.  The District will make available to the Nebraska Department of Education the information necessary to carry out its duties relating to the reporting of children with disabilities participation in assessments.
    Legal Reference: 92 NAC 51-004.05
  13. Suspension and Expulsion Rates
    The District will examine data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities.
    Legal Reference: 92 NAC 51-004.06E
  14. Access to Instructional Materials
    As part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, the District will enter into a written contract with the publisher of the print instructional materials to:
    1. Require the publisher to prepare and, on or before delivery of the print instructional materials, provide to the National Instructional Material Access Center, electronic files containing the contents of the print instructional materials using the National Instructional Materials Accessibility Standard, or
    2. Purchase instructional materials from the publisher that are produced in, or may be rendered in specialized formats.
      Legal Reference: 92 NAC 51-004.15
  15. Over-Identification and Disproportionality
    Procedures shall be in place to ensure that testing and evaluation materials and procedures utilized for the evaluation and placement of children with disabilities will be selected and administered so as not to be racially or culturally discriminatory.  Such materials or procedures shall be provided and administered in the child’s native language or mode of communication, unless it is clearly not feasible to do so, and no single procedure shall be the sole criterion for determining an appropriate educational program for a child.
    Legal Reference: 92 NAC 51-003.10; 006.02C
  16. Prohibition on Mandatory Medication
    Children shall not be required to obtain a prescription for a controlled substance as a condition of attending school, receiving an evaluation to determine whether a child has a disability or the nature and extent of special education and related services the child needs, or receiving special education services.
    Legal Reference: 92 NAC 51-004.11D; 21 U.S.C. §812(c)
  17. Transportation
    Transportation will be provided for children with disabilities who are eligible for transportation and residents of the school district as required by law. The Grand Island Public Schools reserves the right to select the most efficient and effective means of transportation for students with disabilities at a reasonable cost. Such measures might include:
    • Operating vehicles for the purpose of transporting students with disabilities;
    • Paying a parent for transporting his or her child;
    • Contracting for transportation services; or
    • Arranging for such other transportation as I proper and necessary.
      Legal Reference: 92 NAC 51-014.01 through 014.02
  18. Surrogates
    A surrogate will be appointed and other action taken to ensure the rights of children with a disability as required by law. 
    Legal Reference: 92 NAC 51-009.10
  19. Early Intervention Service – Consent
    When a parent refuses to provide consent under 92 NAC 52, a meeting will be held or offered to explain to the parents how their failure to consent affects the ability of their child to receive services under 92 NAC 52.
    Legal Reference: 02 NAC 52

Legal Reference:
34 CFR Parts 300, 303 and 304
Neb. Rev. Stat. § 79-1110 to 79-1167
92 NAC 51

Policy Adopted: 11.12.2015

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