Schools in the SAU41 District provide a free appropriate public education and necessary related services to all children with disabilities residing within the District, in accord with the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and New Hampshire law.
It is the intent of the district to ensure that students who are disabled within the definition of Section 504 of the Rehabilitation Act of 1973 are identified, evaluated and provided with appropriate educational services. Students may be disabled within the meaning of Section 504 of the Rehabilitation Act even though they do not require services pursuant to the IDEA.
For students eligible for services under IDEA, the district shall follow procedures for identification, evaluation, placement, and delivery of services to children with disabilities as provided in the federal and state statutes which govern special education. For those students who are not eligible for services under IDEA, but, because of a qualifying disability as defined by Section 504 of the Rehabilitation Act of 1973, need or are believed to need specialized instruction or related services, the district shall establish and implement a system of procedural safeguards. The safeguards shall cover students’ identification, evaluation, educational accommodations, and placement. This system shall include notice, an opportunity for the students’ parent(s)/guardian(s) to examine relevant records, an impartial hearing with the opportunity for participation by the students/ parent(s)/guardian(s), the right to be represented by legal counsel, and a review procedure.
The district recognizes its obligation to provide an education for all students determined to be educationally disabled and in need of special education and related services. This obligation shall begin when a student reaches three years of age and shall continue until the student’s 21st birthday or until such time has he/she receives a high school diploma, whichever occurs first, or until the child’s IEP Team determines that the child no longer requires special education in accordance with federal and state law.
Families who seek special education services should refer to the following flow chart.
A referral is typically made by parent, school or other agency. The District must hold a meeting within 15 Business days of a request and determine if the student should be evaluated.
If the decision is made to evaluate, the team decides on what testing needs to be done and has 60 days to perform such testing and reconvene to review the results.
Once the evaluations have been completed the IEP Team meets to review the results and determine if the student has an educational disability and meets the criteria for special education services. The results must indicate that there is an adverse impact on the student’s academics such that they require specially designed instruction and related services in order to be academically successful.
If the student is determined eligible for special education services then the team reconvenes within 30 days of the eligibility determination to develop an IEP (individualized education program) that appropriately addresses the student's needs. Considerations in this process are special education and related services, placement and transition.
IEP PROGRESS REPORTING
Part of the IEP contains goals and objectives that must be reported on in conjunction with regular progress reporting done for all students. The student’s case manager will report out to the parent how the student is performing relative to the goals and objectives set forth in the IEP.
IEP ANNUAL REVIEW
An IEP can be written for an amount of time not to exceed 365 days. At minimum, the Team must convene annually to develop another IEP reflective of the student’s current circumstances.
TRIENNIAL EVALUATIONS / ELIGIBILITY DETERMINATION
The law requires that students identified as requiring special education services must be evaluated no less than every three years to determine if they continue to meet the criteria and to determine how the student has progressed over the course of those three years. For reevaluations, the evaluation process shall be completed within 60 days after parent consent or at the conclusion of the extension which may bot exceed 30 days.