Each public agency shall provide the special education and related services necessary to implement each student's Individualized Education Program (IEP). Specific methods for providing the services, including the accurate collection and reporting of student data, shall be stated in each public agency's policies and procedures.
6.1.1. Initiation of Services.
a. A complete IEP shall be in effect prior to the provision of special education and related services.
Documentation
IEP
Documentation
IEP, data base
Documentation
Class roster, IEP, WVEIS reports
Documentation
Class roster, IEP, WVEIS reports
Documentation
Student records, enrollment data
Documentation
Phone log, student records
Documentation
IEP, student schedule, WVEIS reports, phone log
Documentation Notice of meeting, evaluation/reevaluation plan, IEP, EC report
-- A request shall be made by fax or phone within 5 days of enrollment
-- A written request shall be forwarded to the previous school district within 10 school days of enrollment
Documentation
Student records, enrollment data, phone log, correspondence, records request
If not:
-- A request for written parental consent for evaluation shall be made within 10 days of receipt of records.
-- Within 15 days of receipt of records, an IEP team meeting shall be convened to develop an interim IEP and serve the student unless the parents and the local educational agency are unable to agree on this interim placement.
Documentation
Student records, notice of evaluation reevaluation request, interim IEP
Documentation
Parent consent, EC report, evaluation results
(or) if so:
Documentation
Student records, EC report
(or) if so:
Documentation
Student records, out-of-state IEP
Documentation
Notice of EC/IEP team meeting, prior notice
Documentation
IEP, class roster
c. Short delays in the immediate initiation of services can occur when IEP team meetings are held during the summer or a vacation period, or when arrangements for services, such as transportation, must be made, but, during the regular school term, not for more than 15 days.
Documentation
IEP, class roster
d. A current IEP shall be in effect at the beginning of each school year for each exceptional student receiving special education and related services.
The CASE or designee or onsite administrator shall review and revise IEPs annually, submit IEP to central office for data entry, and confirm that each eligible student has a current IEP by reviewing database information.
Documentation
Eligible student list, IEPs, data base
6.1.2. Provision of IEP Information.
a. The student's IEP shall be accessible to each regular education teacher, special education teacher, related service provider, and other service provider who is responsible for its implementation; and
b. Each teacher and provider described in Section 6.1.2(a) shall be informed of:
A. His or her specific responsibilities related to implementing the student's IEP; and
B. The specific accommodations, modifications, and supports that must be provided for the student in accordance with the IEP.
The CASE, designee, or onsite administrator shall, prior to initiation of services,
Documentation
IEP, dissemination sheet, record of access, IEP signatures,
a. Preston County Schools shall provide qualified personnel with the training and skills necessary to implement the IEP of each student assigned to them.
Documentation
Staff development files, LEA application, USIP/UCIP
Documentation
Staff development files, training agenda, attendance roster, LEA application, IEP
The CASE, designee, or onsite administrator shall annually review teacher assignment schedules and personnel records to assure that professional special education personnel meet minimum certification standards for the area(s) of exceptionality (ies) in which they have primary responsibility for the provision of related and/or instructional services.
Documentation
Certified list of personnel, WVEIS reports, December 1 child count, certification records
c. Service personnel shall be appropriately trained and supervised by qualified professionals.
Documentation
Personnel files, staff development records, LEA application, training agenda, attendance roster.
Documentation
List of personnel
Documentation
School organizational chart
a. Students with exceptionalities shall be provided services in settings that serve age-appropriate non-exceptional peers.
Documentation
WVEIS report
Documentation
Class roster
Students with disabilities shall be scheduled in classes with other students who have similar educational needs.
Documentation
Class lists, WVEIS reports, IEPs, schedules, teacher roster, students' instructional levels
a. The following caseloads remain effective until July 1, 2001.
(a) Regular Education: Full-Time - Assign no more than 40 exceptional students (unduplicated) who are placed in Regular Education: Full-time to a teacher providing consultative services. A teacher providing consultative services may serve additional exceptional students (duplicated), but the maximum number served shall not exceed a total of 45 students;
(b) Regular Education: Part-Time - Assign no more than 30 students (unduplicated who are placed in Regular Education: Part-time to a teacher providing services. A teacher providing services can serve additional exceptional students (duplicated), but the maximum number served shall not exceed a total of 35 students. The caseload during any one instructional period for a teacher providing services shall not exceed eight (8) students at the early childhood education level (ECE) or ten (10) students at the middle childhood (MCE) and adolescent education (AE) levels;
(c) Special Education: Separate Class - The caseloads for teachers providing instructional services to exceptional students who are served in regular education for 40% or less of the school day are specified in Section 6.1.4.b of this policy;
(d) Caseloads for special education teachers assigned to provide a combination of consultative, supplementary and separate class services shall be determined on a percentage basis;
(e) When students from more than one programmatic level are served together in one instructional period, the maximum class size shall be that of the programmatic level of the youngest student(s) served;
A. Autism
(b) Regular Education: Part-Time - Assign no more than ten (10) students with a limit of six (6) during any one instructional period;
(c) Special Education: Separate Class - Assign no more than four (4) students with autism. An aide shall be assigned on the basis of student needs.
(B) Assign no more than eight (8) students with a full-time aide with a limit of eight (8) during any one instructional period.
C. Blind and Partially Sighted
(b) Regular Education: Part-time -Assign no more than 15 students with a limit of five (5) during any one instructional period;
(c) Special Education: Separate Class
(B) Assign no more than ten (10) students with a Full-Time aide with a limit of ten (10) during any one instructional period.
(b) Regular Education: Part-time - Assign no more than ten (10) students with a limit of five (5) during any one instructional period.
E. Deaf and Hard of Hearing
(b) Regular Education: Part-Time - Assign no more than 15 students with a limit of five (5) during any one instructional period;
(c) Special Education: Special Class
(B) Assign no more than ten (10) students with a Full-Time aide with a limit of ten (10) during any one instructional period.
(b) Regular Education: Part-Time;
(B) Assign no more than 15 students during any one instructional period.
(B) Assign no more than 12 mildly mentally impaired students with a Full-time aide with a limit of 12 during any one instructional period;
(C) Assign no more than five (5) moderately mentally impaired students without a Full-time aide with a limit of five (5) during any one instructional period.
(D) Assign no more than 12 moderately mentally impaired students with a Full-time aide with a limit of 12 during any one instructional period;
(E) Assign no more than six (6) mildly or moderately mentally impaired students to a combination program without a Full-time aide with a limit of six (6) during any one instructional period;
(F) Assign no more than eight (8) moderately or severely mentally impaired students to a combination program with a Full-time aide with a limit of eight (8) during any one instructional period;
(G) Assign no more than six (6) severely mentally impaired students with a Full-time aide with a limit of six (6) during any one instructional period;
(H) Assign no more than nine (9) severely mentally impaired students with two Full-time aides with a limit of nine (9) during any one instructional period;
(I) Assign no more than six (6) profoundly mentally impaired students with a Full-time aide with a limit of six (6) during any one instructional period;
(J) Assign no more than nine (9) profoundly mentally impaired students with two Full-time aides with a limit of nine (9) during any one instructional period.
(c) Combination Program - A combination program for students with different levels of severity (e.g. severe-profound, moderate-severe) may be used. Academic, self-care, affective, communication and sensorimotor needs of these students must be similar.
H. Orthopedically Impaired
(a) Special Education: Separate Class
(B) In a separate class of three (3) or less students with orthopedic impairments, an aide shall be assigned on the basis of student needs.
(b) Center-Based Programs;
(B) Regular Education: Part-Time - Assign no more than 15 children;
(C) Special Education Program: Separate Class:
1. Assign no more than eight (8) eligible children per session with an aide for a maximum caseload of (16);
2. Assign no more than ten (10) eligible children per session with two (2) aides for a maximum caseload of twenty (20).
(B) Assign no more than ten (10) children per session with two (2) aides for a maximum caseload of twenty (20).
(a) Special Education: Separate Class
(B) Assign no more than 12 students with a full-time aide with a limit of 12 during any one instructional period.
(b) Regular Education: Part-Time;
(B) The caseload during any one instructional period for a therapist providing supplementary services shall not exceed eight (8) students at early childhood education level (ECE) or ten (10) students at the middle childhood (MCE) and adolescent education (AE) levels.
(B) Assign no more than 12 students with a Full-time aide with a limit of 12 during any one instructional period. (Special Education: Separate Class is a program delivery option for severely or multiply communicatively impaired students and those who exhibit normal potential in performance areas but severe language deficits. Application shall be made to the State Department of Education for approval of individual program).
M. Traumatic Brain Injuries
The CASE, designee or onsite administrator shall maintain and at least annually, review a list of students and the school in which services are provided; and shall obtain and review class rosters for each service provider indicating the student's name, school, instructional schedules and IEP services.
Documentation
WVIES reports, databases, class lists
B. Caseloads shall be based upon the number of students being served, the amount of direct and/or indirect instruction needed by each student, the frequency of supplementary aids/services needed by the student and provided by a special educator and the other duties assigned to the special educator (e.g. screening, diagnostic evaluations, itinerant travel time).
Documentation
IEPs, class rosters, instructional schedules
C. Each public agency shall use the following process to determine caseloads:
(B) Rating #2 - wherein the IEP documents the student's need for direct or indirect instruction and supplementary aids/services which total 361-720 minutes per week;
(C) Rating #3 - wherein the IEP documents the student's need for direct or indirect instruction and supplementary aids/services which total 721 or more minutes per week;
Documentation
School list of students' services ratings, weighted caseload list
At least annually and revised as population changes, the CASE or designee or onsite administrator shall
Documentation
School list of students' services ratings, weighted caseload lists
At least annually or as the service providers duties change, the CASE, designee or onsite administrator shall
Documentation
List of service providers, instructional FTE
At least annually, the CASE shall
Documentation
Staff assignments, IEPs
6.1.6. Private School Placements by the Public Agency.
a. Before Preston County Schools places a student with a disability in, or refers a student to, a private school or facility Preston County Schools shall:
B. ensure that a representative of the private school or facility attends the meeting; or
C. use other methods to ensure participation by the private school or facility, including individual or conference telephone calls if the representative cannot attend.
The CASE shall notify IEP team members, including private school representatives, of the IEP meeting at least 10 days prior to the IEP team meeting; and an IEP shall be developed in accordance with Section 5.1.2.c of these procedures.
Documentation
Notice of EC/IEP team meeting, IEP
B. Agree to any proposed changes in the IEP before those changes are implemented.
The CASE or designee shall annually
Documentation
List of private schools, IEPs, documentation of responsible party, phone log, correspondence, notice of IEP team meetings
Documentation
Phone log, IEP, procedural safeguards, brochure
At least 10 days prior to the meeting, the CASE or designee shall notify team members of the IEP meeting; and IEP shall be developed in accordance with Section 5.1.2.c of these procedures, if Preston County Schools initiates and conducts the IEP meetings.
Documentation
Notice of IEP team meetings
The CASE or designee shall annually monitor the implementation of the student's IEP through on-site visits and/or review of documentation verifying the provision of the IEP services.
Documentation
IEP, lesson plans, daily instructional schedules, contracts
d. If placement in a public or private residential program is necessary to provide special education and related services to a student with a disability, the program, including non-medical care and room and board, must be at not cost to the parents of the student.
The CASE or designee shall annually develop and IEP delineating the special education and related services to be provided.
The Superintendent or designee shall annually develop and have approved a contract that specifies the party responsible for payment.
Documentation
IEP, contract
e. Out-of-State Placement.
(b) more than one private school or facility was investigated in regard to the feasibility of providing services;
(c) the selected private school or facility has approved status in the state in which it is located, and assurances were provided that the school or facility meets the requirements of the IDEA, as amended;
(d) a current and complete IEP has been developed; and
(e) a current signed contract between the public agency and the private school or facility exists.
At least annually, the CASE shall complete application for out-of-state reimbursement.
Documentation
IEP, contract, list of facilities considered, out-of state application
a. No private school student with an exceptionality has an individual right or entitlement to receive some or all of the special education and related services that the student would receive if enrolled in a public school.
b. Decisions about the services that will be provided to private school students with exceptionalities must be made in accordance with paragraphs (c) and (d) of this section.
Documentation
Documentation of consultation, documentation of count, December 1 child count.
-- divide the number of eligible parentally placed private school students ages 3-21 by the total number of eligible public and private school children with disabilities ages 3-21. (These counts must include students with disabilities who are and who are not receiving special education and/or related services). Multiply this percentage by the district's IDEA flow-through allocation.
-- divide the total number of eligible parentally placed private school students ages 3-5 by the total number of eligible public and private school children with disabilities ages 3-5. (These counts must include students with disabilities who are and who are not receiving special education and/or related services). Multiply this percentage by the district's IDEA 619 preschool allocation.
Documentation
LEA application
B. What services will be provided;
C. How and where the services will be provided; and
D. How the services provided will be evaluated.
Annually and before decisions are made regarding the types of services to be provided, the CASE or designee shall
Documentation
Identification referral records, EC reports, student/service matrix or list, December 1
child count
Documentation
Student/service matrix or list
Documentation
Student/service matrix or list
Prior to determining services and whenever private services change, the CASE, designee or onsite administrator shall schedule a meeting with representatives of all private schools located within the district's jurisdiction.
Documentation
Notification of consultation meeting
At least 10 days prior to the meeting, the CASE, designee or onsite administrator shall notify representatives of private schools of the purpose, time and location of the meeting.
Documentation
Written notice
The CASE, designee or onsite administrator shall conduct the meeting to share proposed services and solicit input and concerns from representatives of private schools regarding the needs of the students in their school.
Documentation
Attendance roster, minutes from consultation meeting
e. The consultation required in paragraph (c) of this section must occur before Preston County Schools makes any decision that affects the opportunities of private school students with exceptionalities to participate in services under Section 6.1.7.
Documentation
Minutes from consultation meeting
f. Preston County Schools shall make the final decisions with respect to the services to be provided to eligible private school students.
The CASE or designee shall finalize decisions regarding the provision of services, based upon the consultation conducted in Section 6.1.7 c - e of these procedures and in consideration of the fiscal allocations calculated in Section 6.1.7.b; and, shall notify representatives of private schools in writing of the final decisions within 15 school days following consultation meeting.
Documentation
Written correspondence
g. If a student with an exceptionality is enrolled in a private school and will receive special education or related services from a public agency, the public agency shall:
At least 10 days prior to the meeting, the CASE or designee shall notify the persons responsible for developing the student's services plan of the meeting purpose, time, location and who will be in attendance. Membership of this meeting must include those persons specified in Section 5.1.2 of these procedures, including a representative of the private school.
Documentation
Notice of service plan meeting
and
B. Ensure that a representative of the private school attends each meeting. If the representative cannot attend, the public agency shall use other methods to ensure participation by the private school, including individual or conference telephone calls.
At least 10 days prior to the meeting, the CASE or designee shall notify the representative of the private school of the meeting. When a representative of the private school is unable to attend the meeting, reschedule meeting if requested or solicit input by phone or written report concerning the student and his/her recommendations.
Documentation
Phone log, written recommendations
Prior to implementation, the superintendent or designee shall assign certified personnel to provide services listed in the services plan to students with exceptionalities determined to receive services in private schools.
Documentation
Personnel file, data base
i. Private school students with exceptionalities may receive a different amount of services than students with exceptionalities in public schools.
j. Each private school student with an exceptionality who has been designated to receive services under this section must have a services plan that describes the specific special education and related services that the public agency will provide to the student.
Documentation
List of students to be provided services, service plans
(b) Be developed, reviewed, and revised consistent with Sections 5 and 6 of this policy.
At least annually, the CASE or designee shall develop, review and revise a services plan to address the services identified to be provided through the process described in Section 6.1.7.f of these procedures. The services plan shall include the following components related to the services to be provided:
-- statement of the student's present levels of performance
-- statement of annual goals including benchmarks or short-term instructional objectives, including objective criteria, evaluation procedures/schedules for determining whether objectives are being achieved,
-- statement of special education services that will be provided,
-- projected date of the initiation of services and modifications and the anticipated frequency, location and duration of those services, modifications and supports,
--if ESY services were determined as a service to be provided, a statement delineating ESY services, and
--a statement of how the parents will be regularly informed of student's progress toward achieving the goals and objectives.
Documentation
Service plan
The CASE or designee shall determine the location of services to be provided during the process described in Section 6.1.7.c of these procedures.
Documentation
Student/service matrix or list, teacher schedule
(b) From the service site to the private school, or to the student's home, depending on the timing of the service.
Transportation shall be provided for those students with exceptionalities identified in Section 6.1.7.c of these procedures if necessary.
Documentation
Bus schedule, in-lieu-of-transportation contract
C. The cost of the transportation described in paragraph (A) of this section may be included in calculating whether the public agency has met the requirement of Section 6.1.7.c.
The CASE or designee shall determine the allocation for transportation costs during the process described in Section 6.1.7.c of these procedures.
Documentation
Student/service matrix list