Special Education

Federal law — the reauthorized Individuals with Disabilities Education Act (IDEA) of 2004 —defines the rules and regulations for creating an Individual Education Plan (IEP) when a special education evaluation reveals  a disability, adverse effect of the disability and a need for specially designed instruction. The Individual with Disabilities Education Act (IDEA) guarantees the right of all children with disabilities (ages Birth-21) to a free, appropriate public education (FAPE). RCW 28A.155 provides the statutory basis for special education services in Washington, and WAC 392-172A provides the regulatory basis for both IDEA and RCW 28A.155.

Regulation 2161 and Regulation Procedure 2161P are the Bethel School District's Special Education regulations and procedures.

The IEP team works together to create Specially Designed Instruction (SDI) and goals for the student. The Initial IEP is done before an initial placement in special education following an initial evaluation of eligibility. The IEP is reviewed every year to measure the student's progress and must be completed by the anniversary date. An IEP amendment can be done anytime a change in the program is needed. IEP Progress Reports are done two times per year for elementary and middle school students and every trimester for high school students.

A three-year reevaluation is completed by the three-year anniversary date of the initial evaluation. Off-cycle evaluations can be proposed by a parent or the school in one or all areas at any time prior to the 3-year evaluation.

An IEP team consists of:

• Student at age 15 and above when transition services are addressed
• Parent(s)/guardian(s)
• Special education teacher(s)
• General education teacher(s)—if the student participates in a regular education environment
• A representative of the local educational agency
• Individual who can interpret instructional implications of evaluation results
• The team may also include a counselor, therapists, behavior specialist, and the student, when appropriate.
• Parent participation in meetings WAC 392-172A-05001

Specially Designed Instruction is organized and planned instruction, which adapts to the needs of eligible students. The content and methodology or delivery of instruction address the student's unique needs. SDI is provided by either qualified special education staff or designed and supervised by special education staff and carried out by general education staff, as determined by the student's IEP. Special education staff monitors and evaluates student progress.

Program placement decisions are made in accordance with the concept of educating students with disabilities in the least restrictive environment. Each student has access to an appropriate learning environment and an opportunity for education with non-disabled students to the maximum extent appropriate within his or her neighborhood school or as close as possible to his or her neighborhood school. When programming decisions are addressed by the IEP team, proper consideration must be given to the least restrictive environment.

If a parent/guardian or adult student revokes consent, in writing, for the continued provision of special education and related services, the district must honor the revocation and provide the parent with prior written notice identifying the date the district will stop providing services. The district may not use due process or mediation procedures to challenge the parent's revocation. Beginning the effective date indicated in the prior written notice, the district may no longer provide special education and related services to the child. The district is not required to amend the child's education records to remove references to the child's receipt of special education and related services. Once the revocation is effective, the student is no longer entitled to receive special education or related services, and the district will not be considered in violation of the requirement to make a free, appropriate public education (FAPE) available to your child.

By providing written consent, the parent/guardian is acknowledging:

• the district will stop providing special education and related services to their child beginning the date identified in the prior written notice given to them by the district;
• the district cannot use dispute resolution options to challenge their right to terminate special education services for their child;
• the district will no longer be required to conduct reevaluations, convene an IEP team meeting, or develop an IEP for their child;
• the district will not be considered in violation of the requirement to make a free, appropriate public education (FAPE) available to their child;
• the district is not required to amend their child's education records to remove references to their child's receipt of special education and related services; and
• their child will be subject to all of the same requirements that apply to general education students, such as academics, statewide and district-wide assessments, extracurricular activities, graduation requirements, discipline, and all other general education requirements.

WAC 392-172A-03090 states, "The term IEP means a written statement for each student eligible for special education that is developed, reviewed, and revised in a meeting in accordance with WAC 392-172A-03095 through 392-172A-03100, and that must include: (1) g. ESY services; if determined necessary by the IEP team for the student to receive FAPE." Each student who receives special education services, including related services, will be considered for an ESYr.

An appropriate IEP is a critical step in establishing FAPE. The IEP should document progress toward IEP goals and objectives. In cases where a lack of progress exists, the IEP must be reviewed to determine the appropriateness of the goals/objectives. The IEP team must document ongoing interventions including changes in materials, methodologies, placement, and service minutes in order to facilitate opportunities for student progress. This documentation should be reviewed when determining ESY.

Extended school year (ESY) services. The consideration for ESY services is a team decision, based on information provided in the evaluation report and based on the individual needs of a student. ESY services are not limited by categories of disability, or limited by type amount or duration of the services. 

If the need for ESY services is not addressed in the IEP and ESY services may be appropriate for the student, the IEP team will meet by the last working day in the month of April to address the need for ESY. 

Factors for the team to consider when determining the need for ESY may include, but are not limited to: 

1) Evidence of regression or recoupment time based on documented evidence; or 

2) A documented determination based on the professional judgment of the IEP team including consideration of the nature and severity of the student’s disability, the rate of progress and emerging skills.

Both state and federal law requires the collection and reporting of student progress toward accomplishing IEP goals and objectives both in-process and end result. Progress reporting must be provided to parents as often as report cards. Objectives are required Early Childhood Education (ECE) through second grade and for any students participating in the Washington Alternative Assessment System (WAAIM) portfolio. Evaluation and documentation of student progress are intended to serve three purposes:

1. To measure a student's performance against established IEP goals and objectives
2. To help identify causal factors that account for significant differences between actual and predicted performance
3. To provide a database for adjusting the student's IEP if it does not appear the student will meet the annual goal

Each service provider must collect explicit data on student progress on a regular basis. The provider must develop and maintain a data collection system for monitoring and evaluating student performance, and for measuring progress towards goals and objectives. Keeping a grade book is not sufficient as a data system to reflect progress on goals and objectives.

The goals and objectives must be written with the data management system in mind. The frequency with which the data is recorded will depend upon the goal and objectives. Some situations require daily data. For some, measurement at weekly or monthly intervals is appropriate. Datasheets used to support the written progress report should be maintained in the teacher (related service provider) files for a period of seven years. 

All students will receive a high school diploma with the attainment of a Certificate of Academic Achievement (CAA) or A Certificate of Individual Achievement (CIA). Additional information is available at the OSPI Graduation Requirements website.

CAA

The student will graduate with a regular diploma and standard credits. Performance standards in reading writing and math have been met on the 10th-grade state assessment (with or without accommodations for a student with a disability). All other district graduation requirements have been met.

CIA

The student will graduate with a regular diploma with special education or replacement credits as established in their IEP. To earn a high school diploma, students must complete at least one of the Pathways to Graduation that are aligned to their High School and Beyond Plan. 

CAA or CIA is noted on the student's transcript. Neither is noted on the high school diploma.

Specific required courses may be waived through the IEP process, but this must be explicitly addressed in the IEP. A student may not be denied a diploma because of his or her disability. Waiving a class may be done in the "Course of Study" section of the transition plan.

Graduation Date

Before age 16 the student must have an anticipated graduation date declared. This date is entered into the student's IEP the year in which the student turns 16. This date will remain the graduation cohort date throughout the remainder of his/her school career. This date may not be changed once it is established.

Special Education services will continue until graduation requirements are met or until the student turns 21 as long as the student continues to demonstrate documented need on triennial evaluations. Students turning 21 after the start of the school year may continue until the end of that school year.

Beginning at least one year before reaching age 18 (IEP in which the student turns 17) the student must be informed that all rights will transfer to the student at age 18 unless there is a guardianship or other determination that the student cannot make educational decisions.

When the student reaches age 18 (or majority), the district must notify the parents and the student that rights have been transferred to the student. This occurs through documentation in the IEP and a conversation at the IEP meeting. The district shall provide any required notices to both the student and the parents.

To request student records, please send an email request to spedrecords@bethelsd.org or submit a fax request to 253-800-2329.

Discrimination based on disability is prohibited in public schools (RCW 28A.642.010). By law, school districts must abide by the rules, regulations, and guidance developed by the US Department of Education related to Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act. Section 504 requires school districts to provide "free appropriate public education" to each qualifying student with a disability within the district's jurisdiction, regardless of the nature or severity of the student's disability. For more information, please call 253.800.6920.