IGBA: Special Education

Policy

Free Appropriate Public Education

The Cleveland Municipal School District ensures a Free and Appropriate Public Education (FAPE) is made available to all children with disabilities between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school, have failed or been retained in a course or grade, and are advancing from grade to grade.

Child Find

The School District ensures all children from birth through age 21 suspected of being a child with a disability and in need of special education, are identified, located, and evaluated. This includes:

• Homeless children or wards of the state
• Highly mobile children, including migrant children
• Children who are advancing from grade to grade
• Children with disabilities attending nonpublic schools, regardless of the severity of their disability, are identified, located, and evaluated as required by the IDEA.

Confidentiality

The School District ensures it provides adequate notice to fully inform the parents about the confidentiality requirements of IDEA (Individuals with Disabilities Education Act) Part B Confidentiality, including:

• A description of the notice given in the native languages of the various population groups in the educational agency, county, or other area served
• A description of the children on whom personally identifiable information is maintained, including: o The types of information sought o The methods the State intends to use in gathering the information (including the sources from whom information is gathered) o The uses to be made of the information
• A summary of the policies and procedures that participating agencies must follow regarding storage, disclosure to third parties, retention, and destruction of personally identifiable information
• A description of all of the rights of parents and children regarding this information, including the rights under the Family Educational Right and Privacy Act (FERPA) and implementing regulations

The School District ensures that parental consent is obtained before personally identifiable information is disclosed to parties, other than officials of participating agencies, unless the information is contained in education records, and the disclosure is authorized without parental consent. The School District ensures that the parent’s consent is in writing, signed, and dated and must:

• Specify the records to be disclosed
• State the purpose of the disclosure
• Identify the party or class of parties to whom the disclosure may be made.

Procedural Safeguards

The School District ensures that resident children with disabilities, their parents, and educational agencies are provided an opportunity to resolve disputes regarding identification, evaluation, or educational placement of a child with a disability or the provision of a Free Appropriate Public Education (FAPE).

Evaluation

The School District ensures a referral process is in place to determine whether a child is a child with a disability. The School District ensures that all initial evaluations are conducted and reevaluations are completed for children residing within the District using the Ohio Department of Education and Workforce’s required evaluation team report form (PR-06).

Individualized Education Program (IEP)

The School District ensures that an IEP is developed and implemented for each child with a disability and that services identified in the child’s IEP are provided as agreed upon with the child’s school district of residence.

Student Discipline

The School District ensures that resident children with disabilities, their parents, and public agencies are provided an opportunity to resolve disputes regarding identification, evaluation, or educational placement of a child with a disability or the provision of a Free Appropriate Public Education (FAPE).

Non-Public Schools

The School District locates, identifies, and evaluates all children with disabilities who are enrolled by their parents in private schools, including religious, elementary schools, and secondary schools, located in the District’s geographical boundaries. The School District ensures equitable services and participation for eligible children who are attending a chartered or non-chartered nonpublic school located within the District’s geographical boundaries. The School District ensures timely and meaningful consultation with the chartered and non-chartered nonpublic school officials to determine if any children attending those nonpublic schools are eligible for equitable services.

Transportation

The School District ensures transportation is provided for a child if transportation is written in the IEP as a related service. The School District ensures transportation is provided to a parentally placed nonpublic school child with a disability if it is necessary for the child to benefit from or participate in the services.

Comprehensive Coordinated Early Intervening Services

The School District ensures use of 15% of its IDEA Part B allocation for Comprehensive Coordinated Early Intervening Services (CCEIS) if the Ohio Department of Education and Workforce determines that the District has significant disproportionality based on race or ethnicity with respect to the identification of children with disabilities, the identification of children in specific disability categories, the placement of children with disabilities in particular educational settings, or the taking of disciplinary actions.

Special Education Model Policies and Procedures

The Board of Education adopts the Ohio Department of Education and Workforce’s Special Education Model Policies and Procedures, https://education.ohio.gov/getattachment/Topics/Special-Education/Federal-and-State-Requirements/Operational-Standards-and-Guidance/Special-Education-Model-Policy-and-Procedures-2024.pdf.aspx?lang=en-US

which is incorporated by reference into this policy. The Board also agrees that the School District will use the required special education forms as stated on the Ohio Department of Education and Workforce’s website. The Special Education Model Policies and Procedure document, while comprehensive, does not include every requirement set forth in the IDEA, the regulations implementing IDEA, the Operating Standards, the Ohio Revised Code, and/or the Ohio Administrative Code. The Board recognizes its obligation to follow these laws, regardless of whether their provisions are restated in the Special Education Model Policies and Procedures.

History

Legal References