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  • What is special education?
    • Special instruction programs in Nebraska are governed by both federal and land police force, but in no circumstances may state provisions limit the protections offered nether federal law.
    • Under both federal and state law, school districts must provide each student with a inability with a free appropriate public education (FAPE).
  • Who is eligible for special teaching?
    • Children, from nascency until twenty-one years of age, with a qualifying disability in need of specialized educational services in social club to benefit from their didactics are entitled to receive special instruction and related services.
    • Eligible disabilities include:
      • autism;
      • behavioral disorder;
      • deaf-blindness;
      • developmental delay;
      • hearing impairment;
      • mental handicap;
      • multiple impairments;
      • orthopedic impairments;
      • other health impairments;
      • specific learning disabilities;
      • speech-language impairment;
      • traumatic brain injury; and
      • visual damage including blindness.

    20 U.Due south.C. Sec. 1401(iii); 34 C.F.R. Sec. 300.viii; 92 NE ADC Ch. 51 Sec. 006.04.

    • A child is non eligible for special education if the determining factor in the child'south exceptional needs is:
      • a lack of instruction in reading,
      • a lack of instruction in math, or
      • limited English proficiency.

    20 U.s.a.C. Sec. 1414(b)(5); 34 C.F.R. Sec. 300.306(b); 92 NE ADC Ch. 51 Sec. 006.03C.

    • Each school district or approved collective must also participate in a programme of services for children with disabilities under the age of five.
    • To establish an Improving Learning for Children with Disabilities (ILCD) operating program, the school district must involve:
      • the family members of the children,
      • representatives of the school district,
      • the Nebraska Section of Health and Services,
      • Head Get-go or Early on Caput start,
      • kid intendance providers, and
      • any other relevant agencies

    92 NE ADC Ch. 51 Sec. 005.

  • What type of education are children with a qualifying inability entitled to? What is a "free appropriate public teaching"?
    • Under both federal and country police force, schoolhouse districts must provide each pupil with a disability with a free appropriate public education (FAPE).
    • FAPE means special education and related services that:
      • are provided at public expense and without accuse,
      • meet appropriate standards,
      • include preschool through secondary educational activity, and
      • suit with an Individual Education Program (IEP). xx U.S.C. Sec. 1401(nine); 34 C.F.R.

    Sec. 300.17; 92 NE ADC Ch. 51 Sec. 003.27.

    • Special education must be provided in the least restrictive environs (LRE), and with students who are not disabled (to the extent advisable). 34 C.F.R. Sec. 300.114.
    • Special teaching means specially designed didactics, at no cost to the parent, to meet the unique needs of a kid with disabilities:
      • "adapting, as advisable to the needs of an eligible child … the content, methodology, or delivery of instruction to address the unique needs of the child that result from the child'due south disability and to ensure access of the child to the general curriculum, so that he or she tin meet the educational standards within the jurisdiction of the public agency that apply to all children." 34 C.F.R. Sec. 300.38(b)(3).
    • An "appropriate" educational program and placement is 1 that:
      • is designed to meet a student's unique needs in accordance to his or her IEP
      • allows him or her to obtain "educational do good."
      • Allows him or her to be involved in and making progress in the general curriculum.

    92 NE ADC Ch. 51 Sec. 006.02C5.

  • In addition to a complimentary advisable public educational activity, are there other services a child with a disability is entitled to? What are "related services"?
    • School districts are required to provide free "related services"
    • Related services may include:
      • transportation,
      • developmental,
      • cosmetic,
      • speech communication-language pathology and audiology services;
      • interpreting services;
      • psychological services;
      • physical and occupational therapy;
      • recreation, including therapeutic recreation;
      • early identification and assessment of disabilities in children;
      • counseling services, including rehabilitation counseling;
      • orientation and mobility services; and
      • medical services for diagnostic or evaluation purposes.

    92 NE ADC Ch. 51 Sec. 003.54.

    • Related services do non include medical devices that are surgically implanted, such as:
      • cochlear implants,
      • the optimization of the device,
      • the maintenance of the device, or
      • the replacement of the device.

    92 NE ADC Ch. 51 Sec. 003.54.

    • All school districts and approved cooperatives are responsible for providing appropriate special education services, nether the supervision of the Nebraska Section of Education. 92 NE ADC Ch. 51 Sec. 004.
  • Where should a kid receive his/her special education and related services? What is a "least restrictive environment"?
    • Special didactics must be provided in the least restrictive surroundings with their nondisabled peers (to the maximum extent appropriate).
    • Students with disabilities may exist removed from the regular educational environment only when the nature or severity of the inability is such that modifications, supplementary aids and services are insufficient in the general pedagogy surroundings. 20 United statesC. Sec. 1412 (a)(v)(A); 34 C.F.R. Sec. 300.114.
    • Specialized education tin can exist offered in:
      • the mainstream classroom,
      • a resource room,
      • at domicile, or
      • in hospitals or residential programs
  • What is "Child Find"?
    • Each commune is responsible for implementing a "Kid Find" system to locate, place, and evaluate students suspected of having a disability in need of special teaching services, from nativity through age twenty-one. NEBRASKA SPECIAL Didactics PARENT GUIDE
    • The school district will also accept referrals for evaluation directly from the parents, other agencies or school districts. 92 NE ADC Ch. 51 Sec. 006.02.
    • Upon receiving the referral, the school district will commencement convene a Pupil Assistance Team to assist the teacher in the provision of general pedagogy.
    • If the Assist Squad is unable to properly educate the student, the multidisciplinary evaluation team to determine whether the pupil needs special pedagogy. 92 NE ADC Ch. 51 Sec. 006.01C.
  • How is a child determined to be eligible for special education? Is at that place an assessment or evaluation?
    • A multidisciplinary team conducts evaluations or assessments, in the child'due south main language, in all areas of suspected inability that may include an assessment of:
      • health,
      • vision,
      • hearing,
      • social and emotional status,
      • general intelligence,
      • bookish functioning,
      • communicative condition, and
      • motor abilities. 92 NE ADC Ch. 51 Sec. 006.02C10.
    • Parents are entitled to a re-create of the report at no cost.

    92 NE ADC Ch. 51 Sec. 006.03F4.

    • If the parent disagrees with the findings or recommendations, the parent may request an independent education evaluation (IEE), which must be provided at no price and considered at the child'southward IEP.

    92 NE ADC Ch. 51 Sec. 006.07.

  • In one case a child is identified equally beingness eligible for special education, what are the next steps? What is an "IEP" (Individualized Educational activity Program)? Practice parents have any say so in the IEP?
    • At the offset of each schoolhouse year, the schoolhouse district must have an IEP in place for each child with a verified disability. 92 NE ADC Ch. 51 Sec. 007.02A.
    • The IEP outlines in writing the educational program for the pupil, developed at a meeting by a squad including:
      • the parent,
      • a special education instructor,
      • a regular education teacher, and
      • a district representative who is qualified to provide or supervise the provision of specially designed education.
    • Other participants may include whatever individuals who have noesis or special expertise regarding the child, including related service personnel. 92 NE ADC Ch. 51 Sec. 007.03A.
    • The IEP must include:
      • a statement of the child'southward nowadays levels of academic achievement;
      • a argument of measurable almanac goals;
      • a clarification of benchmarks or short-term objectives;
      • a description of how the child'due south progress will be measured, and when periodic reports of progress will be provided;
      • a argument of the special education and related services to exist provided to the child;
      • an explanation of the extent to which the child will non participate with nondisabled children in the regular course;
      • a statement of whatsoever individual appropriate accommodations that are necessary to measure the functional performance of the child; and
      • the expected date for the beginning of the services, and anticipated location and elapsing of those services

    92 NE ADC Ch. 51 Sec. 007.07.

    • A educatee with disabilities is not immune to participate in any part of a special educational activity programme without written parental consent to the IEP. 92 NE ADC Ch. 51 Sec. 009.08.
    • If a pupil with an IEP transfers from another land or one Nebraska school commune to another inside the same schoolhouse year, the receiving commune must:
      • continue to provide FAPE to the child
      • provide services comparable to those described in the previously held IEP, until the district either adopts the previously held IEP, or develops and implements a new IEP 51 Sec. 007.08.
  • What if a parent believes the school commune is non doing its job (i.e. failing to implement a valid Individualized Teaching Plan (IEP))?
    • The IEP team must revise the IEP as necessary if the child experiences a lack of expected progress. 92 NE ADC Ch. 51 Sec. 007.x.
    • If a parent believes the district has failed to implement a valid IEP or has failed to follow special education law, or is discriminating against a student or a group of students, the parent may file a written, signed, complaint directly with the Nebraska Section of Didactics, Special Populations Office.
    • The complaint should:
      • country the relevant issues,
      • include relevant facts, and
      • include the kid's name, residency, and school district.
    • The parent must likewise provide a copy of the complaint to the school district serving the child at the time the complaint is filed. 92 NE ADC Ch. 51 Sec. 009.eleven.
    • Inside sixty days of receiving the complaint, the Department of Education, Special Education Office, volition review all of the relevant information and provide a written notification of all findings of facts and conclusions to all persons involved. 92 NE ADC Ch. 51 Sec. 009.11C4.
  • What options does a parent accept if he or she disagrees with the proposed IEP placement or services? What are the procedures for due process?
    • The parent is entitled to file for due process with the Department of Teaching within one year of the failure or violation. 92 NE ADC Ch. 51 Sec. 009.11.
    • The complaint must include:
      • a argument that the school district has not complied with the special educational activity laws;
      • the facts on which that statement is based;
      • your signature and contact data;
      • the name and address of the child;
      • the name of the schoolhouse the child is attending;
      • a clarification of how the trouble is affecting the kid; and
      • and a proposed resolution to the problem.

    92 NE ADC Ch. 51 Sec. 009.11B.

    • and a decision volition exist fabricated within sixty days.
    • The parent and commune must participate in an breezy resolution coming together within fifteen days unless both parties concur to waive it.
      • If the parties achieve an agreement at the resolution meeting, the understanding must exist put in writing
      • If not revoked within three days, the agreement is binding and enforceable in land or federal court. 92 NE ADC Ch. 51 Sec. 009.13D.
    • The parent and commune tin as well voluntarily participate in a confidential arbitration coming together, an informal resolution meeting to resolve conflicts.
    • The parent may:
      • bring an chaser
      • bring an advocate
      • present witnesses and evidence
      • cross-examine witnesses and evidence presented past the commune.

    92 NE ADC Ch. 55 Sec. 007

  • Tin can a special teaching student exist disciplined?
    • Students with disabilities may exist suspended for whatever one of the misbehaviors on the list of prohibited activities that applies to all students in the code of student conduct
    • For not more than than ten sequent days, school personnel may remove the student to:
      • an advisable alternative educational setting,
      • some other setting, or
      • suspension
    • If the disciplinary change would be more than 10 sequent days, it constitutes a change in placement.
    • The school district, the parent, and the residual of the IEP team must conduct a manifestation determination.
    • A manifestation determination coming together, held within ten days, is a meeting of the relevant members of the IEP team to decide whether a child with a inability may be expelled or have his placement inverse for more than than x consecutive school days for misconduct.
    • The team must consider two issues:

    (i) was the behavior caused past, or did information technology have a straight and substantial relationship to, the
    kid's disability?
    (two) was the behavior the directly result of the school's failure to implement the IEP?
    92 NE ADC Ch. 55 Sec. 016.02E.

    • If the team answers yes to either question, the kid cannot be expelled and a placement change would require the consent of the parent or a hearing officer'due south club.
    • If the IEP team determines that the behavior is a manifestation of the kid's disability, the child must return to his original placement, unless the parents and school agree otherwise.
    • If the team denies that the beliefs is a manifestation of the child's disability, the parent may appeal past requesting a due process hearing.
      • The appeal should exist resolved within thirty days, and meanwhile, the child must remain in the interim setting and continue to participate
    • Schools cannot modify special teaching students' placements without parental consent or a manifestation determination coming together, except for certain behaviors such every bit:
      • Drug involvement
      • Possession of weapons
      • Presents a danger to himself or others.
  • Can parents come across the schoolhouse records of their special didactics kid?
    • Parents are guaranteed the opportunity to audit and review all the didactics records of their kid concerning the kid'south identification, evaluation, educational placement, and the provision of FAPE to the child.
    • If the parent requests records, the district of didactics agency must provide them within forty-five days and before any coming together regarding an IEP or resolution hearing
      • If the parent believes that the information in the records is inaccurate, misleading, or violates the privacy rights of the child, the parent may request that the agency meliorate the record.