2460 - SPECIAL EDUCATION ADMINISTRATION OF SERVICES

Grant County School

Bylaws & Policies

2460 - SPECIAL EDUCATION ADMINISTRATION OF SERVICES

The Board of Education 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 applicable Administrative Guidelines.

Initiation of Services

	A.	A complete IEP shall be in effect prior to the provision of special education and related services.
	B.	Services shall be implemented as soon as possible following the completion of the IEP.
	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.
	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.

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 Provision of IEP Information Item A shall be informed of:

		1.	his/her specific responsibilities related to implementing the student's IEP; and
		2.	the specific accommodations, modifications, and supports that must be provided for the student in accordance with the IEP.

Provision of Staff

	A.	The Board shall provide qualified personnel with training and skills necessary to implement the IEP of each student assigned to them.
	B.	Professional special education personnel shall 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.
	C.	Service personnel shall be appropriately trained and supervised by qualified professionals.

Provision of Services

	A.	Students with exceptionalities shall be provided services in settings that serve age-appropriate non-exceptional peers.
	B.	Appropriate grouping of students with exceptionalities for specially designed instruction must be based upon meeting the students' similar social, functional and/or academic needs, as specified in their IEPs.

Caseloads

The following caseloads are in effect July 16, 2001

The maximum caseloads for teachers providing special education services for students with behavior disorders, mental impairments, orthopedic impairments, and specific learning disabilities are as follows:

			a.	Regular Education: Full-Time – Assign no more than forty (40) exceptional students (unduplicated) who are placed in Regular Education: Full-time to a teacher providing consultative services. A teacher providing consultative service may serve additional exceptional students (duplicated), but the maximum number served shall not exceed a total of forty-five (45) students.
			b.	Regular Education: Part-Time – Assign no more than thirty (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 thirty-five (35) students. The caseload during any one (1) 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 forty (40%) percent or less of the school day are specified in section E.2 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 (1) programmatic level are served together in one (1) instructional period, the maximum class size shall be that of the programmatic level of the youngest student(s) served.

The maximum caseloads for teachers providing special education services for students with autism, blind and partial sight, deafness-blindness, deafness and other hearing impairments, giftedness, other health impairments, preschool special needs, speech/language impairments, and traumatic brain injuries placed in Regular Education: Full-Time or Regular Education: Part-Time are as follows:

Autism

			a.	Regular Education: Full-Time – Assign no more than twenty (20) students.
			b.	Regular Education: Part-Time – Assign no more than ten (10) students with a limit of six (6) during any one (1) 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.

		2.	Behavior Disorders
			Special Education: Separate Class

			a.	Assign no more than four (4) students without a full-time aide with a limit of four (4) during any one (1) instructional period.
			b.	Assign no more than eight (8) students with a full-time aide with a limit of eight (8) during any one (1) instructional period.

Blind and Partially Sighted

			a.	Regular Education: Full-Time – Assign no more than thirty (30) students.
			b.	Regular Education: Part-Time – Assign no more than fifteen (15) students with a limit of five (5) during any one instructional period.
			c.	Special Education: Separate Class

				1)	Assign no more than five (5) students without a full-time aide with a limit of five (5) during any one (1) instructional period.
				2)	Assign no more than ten (10) students with a full-time aide with a limit of ten (10) during any one (1) instructional period.

Deaf-Blindness

			a.	Regular Education: Full-Time – Assign no more than twenty (20) students.
			b.	Regular Education: Part-Time – Assign no more than ten (10) students with a limit of five (5) during any one (1) instructional period.

Deaf and Hard of Hearing

			a.	Regular Education: Full-Time – Assign no more than thirty (30) students.
			b.	Regular Education: Part-Time – Assign no more than fifteen (15) students with a limit of five (5) during any one (1) instructional period.
			c.	Special Education: Special Class

				1)	Assign no more than five (5) students without a full-time aide with a limit of five (5) during any one (1) instructional period.
				2)	Assign no more than ten (10) students with a full-time aide with a limit of ten (10) during any one (1) instructional period.

Gifted

			a.	Regular Education: Full-Time – Assign no more than forty-five (45) students.
			b.	Regular Education: Part-Time:

				1)	Assign no more than forty (40) students.
				2)	Assign no more than fifteen (15) students during any one (1) instructional period.

Special Education: Separate Class – Assign no more than fifteen (15) students with a limit of fifteen (15) during any one (1) instructional period.

Mentally Impaired

Special Education: Separate Class:

				1)	Assign no more than eight (8) mildly mentally impaired students without a full-time aide with a limit of eight (8) during any one (1) instructional period.
				2)	Assign no more than twelve (12) mildly mentally impaired students with a full-time aide with a limit of twelve (12) during any one (1) instructional period.
				3)	Assign no more than five (5) moderately mentally impaired students without a full-time aide with a limit of five (5) during any one (1) instructional period.
				4)	Assign no more than twelve (12) moderately mentally impaired students with a full-time aide with a limit of twelve (12) during any one (1) instructional period.
				5)	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 (1) instructional period.
				6)	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 (1) instructional period.
				7)	Assign no more than six (6) severely mentally impaired students with a full-time aide with a limit of six (6) during any one (1) instructional period.
				8)	Assign nor more than nine (9) severely mentally impaired students with two (2) full-time aides with a limit of nine (9) during any one (1) instructional period.
				9)	Assign no more than six (6) profoundly mentally impaired students with a full-time aide with a limit of six (6) during any one (1) instructional period.
				10)	Assign no more than nine (9) profoundly mentally impaired students with two (2) full-time aides with a limit of nine (9) during any one (1) instructional period.

			b.	Instructional Assistance – In a severely or profoundly mentally impaired separate class of three (3) or less students, an aide shall be assigned on the basis of student needs.
			c.	Combination Program – A combination program for students with difference 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.

		8.	Orthopedically
			Special Education: Separate Class

			a.	Assign no more than ten (10) students with a full-time aide with a limit of ten (10) during any one (1) instructional period.
			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.

		9.	Other Health Impaired
			Students identified as other health impaired shall be assigned to and served by personnel who have the training necessary to implement the student's IEP.
		10.	Preschool Special Needs

			a.	Family Consultation – Assign no more than fifteen (15) children.
			b.	Center-Based Programs:

				1)	Regular Education: Full-Time – Assign no more than twenty (20) children.
				2)	Regular Education: Part-Time – Assign no more than fifteen (15) children.
				3)	Special Education Program: Separate Class:

a.) Assign no more than eight (8) eligible children per session with an aide for a maximum caseload of sixteen (16).

b.) Assign no more than ten (10) eligible children per session with two (2) aides for a maximum caseload of twenty (20).

c.) Combination Center-Based/Family Consultation Program

1.) Assign no more than eight (8) children per session with an aide for a maximum caseload of sixteen (16).

2.) Assign no more than ten (10) children per session with two (2) aides for a maximum caseload of twenty (20).

		11	;Specific Learning Disabilities
			Special Education: Separate Class

			a.	Assign no more than eight (8) students without a full-time aide with a limit of eight (8) during any one (1) instructional period.
			b.	Assign no more than twelve (12) students with a full-time aide with a limit of twelve (12) during any one (1) instructional period.

;Speech/Language Impairments

			a.	Regular Education: Full-Time – Assign no more than fifty (50) students without an aide.
			b.	Regular Education: Part-Time:

1.) Assign no more than fifty (50) students for those receiving services less than five (5) hours per week with a limit of five (5) during a session.

2.) The caseload during any one (1) 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.

Special Education: Separate Class

1.) Assign no more than ten (10) students without an aide with a limit of ten (10) during any one (1) instructional period.

2.) Assign no more than twelve (12) students with a full-time aide with a limit of twelve (12) during any one (1) instructional period. (Special Education: Separate Class is a program delivery option of 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 WVDE for approval of individual program).

		13	;Traumatic Brain Injuries
			Students identified as having traumatic brain injuries shall be assigned to and served by personnel who have the training necessary to implement the students' IEPs.

Private School Placement by the Public Agency

Before a public agency places a student with a disability in, or refers a student to, a private school or facility the public agency shall:

		1.	initiate and conduct a meeting to develop and IEP for the student; and
		2.	ensure that a representative of the private school or facility attends the meeting; or
		3.	use other methods to ensure participation by the private school or facility, including individual or conference telephone calls if the representative cannot attend.

After a student with a disability enters a private school or facility, any meetings to review and revise the student's IEP may be initiated and conducted by the private school or facility at the discretion of County Schools. If the private school or facility initiates and conducts these meetings, the County Schools shall ensure that the parents and an agency representative:

		1.	are involved in any decision about the student's IEP; and
		2.	agree to any proposed changes in the IEP before those changes are implemented.

	C.	Even if a private school or facility implements a student's IEP, responsibility for compliance with this part remains with the Board of Education and the West Virginia Department of Education (WVDE).
	D.	The WVDE shall ensure that a student with a disability who is placed in or referred to a private school or facility by the Board:

		1.	is provided special education and related services in conformance with an IEP that meets the requirements of the IEP process and is at no cost to the parents;
		2.	is provided an education that meets the standards that apply to education provided by the WVDE and the Board (including the requirements of this part); and
		3.	has all the rights of a student with a disability who is served by the Board.

Out-of-State Placement

Prior to placing a student with a disability in a private school or facility outside of West Virginia, the Board shall document:

			a.	a free appropriate public education cannot be provided within the County, within the region, or within the State, and that those determinations are justified;
			b.	more than one (1) 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 Board and the private school or facility exists.

Private School Placements By Parents When A Free Appropriate Public Education is at Issue

	A.	The Board is not required to pay for the cost of education, including special education and related services, of a student with a disability at a private school or facility if County Schools made available a free appropriate public education to the student and the parents elected to place the student in a private school or facility. However, Grant County Schools shall include the student in the population whose needs are addressed consistent with sections Private School Placement by Parents (see page 15) and Requirements That Funds Not Benefit A Private School (see page 19).
	B.	Disagreements between a parent and the Board regarding the availability of a program appropriate for the student and the question of financial responsibility are subject to the due process procedures of Policy 2460.05 - Procedural Safeguards for Special Education Services in section Initiation of Services.
	C.	If the parents of a student with a disability, who previously received special education and related services under the authority of the Board enroll the student in a private preschool, elementary or secondary school without the consent of or referral by the Board, a court or hearing officer may require the Board to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the Board had not made a free appropriate public education available to the student in a timely manner prior to that enrollment and that the private school placement is appropriate.
	D.	A parental placement may be found to be appropriate by a hearing officer or a court even if it does not meet the State standards that apply to education provided by the State and local education agencies.
	E.	The cost or reimbursement described in Private School Placements By Parents When A Free Appropriate Public Education is at Issue Item A. may be reduced or denied if:

		1.	at the most recent IEP meeting that the parents attended prior to the removal of the student from the public school, the parents did not inform the IEP team that they were rejecting the placement proposed by the County to provide a free appropriate public education to their child, including stating their concerns and their intent to enroll their child in a private school at public expense;
		2.	the parents did not give written notice to the County of the information described in Private School Placement By Parents When A Free Public Education is at Issue Item C1 of this section at least ten (10) business days (including any holidays that occur on a business day) prior to the removal of the student from the public school;
		3.	if, prior to the parents' removal of the student from the public school, the County informed the parents, through the notice requirements described in Private School Placements By Parents of its intent to evaluate the student (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the student available for the evaluations; or
		4.	upon a judicial finding of unreasonableness with respect to actions taken by the parents.

Not withstanding the notice requirement in Private School Placements By Parents When A Free Appropriate Public Education is at Issue Item E., the cost of reimbursement may not be reduced or denied for failure to provide the notice if:

		1.	the parent is illiterate and cannot write in English;
		2.	compliance with Private School Placements By Parents When A Free Appropriate Public Education is at Issue Item E.1. of this section would likely result in physical or serious emotional harm to the student;
		3.	the school prevented the parent from providing the notice; or
		4.	the parents has not received the notice, pursuant to Section 615 of the IDEA, of the notice requirement in paragraph Private School Placements By Parents When A Free Appropriate Public Education is at Issue Item E.1. of this section.

Private School Placements By Parents

	A.	The Board of Education shall locate, identify and evaluate all private school students with exceptionalities, including religious-school students residing in the jurisdiction of the County in accordance with Policy 2460.01 - Identification and Referral and Policy 2460.02 - Special Education Evaluation and Re-evaluation of Students.
	B.	The activities undertaken to carry out this responsibility for private school students with exceptionalities must be comparable to activities undertaken for students with exceptionalities in public schools.
	C.	The Board shall consult with appropriate representatives of private school students with exceptionalities on how to carry out the activities described in Private School Placement By Parents Item A.
	D.	To meet the requirements of section Private School Placement By Parents, the County must spend on providing special education and related services to private school students with disabilities:

		1.	for students aged three (3) through twenty-one (21) an amount that is the same proportion of the County's total subgrant under Section 611(g) of the IDEA as the number of private school students with disabilities aged three (3) through twenty-one (21) residing in its jurisdiction is to the total number of students with disabilities in its jurisdiction aged three (3) through twenty-one (21); and
		2.	for students aged three (3) through five (5), an amount that is the same proportion of the County's total subgrant under Section 619 (g) of the Act as the number of private school children with disabilities aged three (3) through five (5) residing in its jurisdiction is to the total number of children with disabilities in its jurisdiction aged three (3) through five (5).

	E.	The County shall consult with representatives of private school students in deciding how to conduct the annual count of the number of private school students with disabilities and ensure that the count is conducted on December 1st or the last Friday of October of each year.
	F.	The child count must be used to determine the amount that the Board must spend on providing special education and related services to private school students with disabilities in the next subsequent fiscal year.
	G.	Expenditures for child find activities described in Private School Placements By Parents Item D may not be considered in determining whether the County has met the requirements of Private School Placements By Parents Item D.
	H.	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.
	I.	Decisions about the services that will be provided to private school students with exceptionalities must be made in accordance with Item J. and R. of this policy.
	J.	The County shall consult, in a timely and meaningful way, with appropriate representative of private school students with exceptionalities in light of the funding under Private School Placements By Parents Item D., regarding the number of private school students with exceptionalities, the needs of private school students with exceptionalities, and their location to decide:

		1.	which students will receive services under this section;
		2.	what services will be provided;
		3.	how and where the services will be provided; and
		4.	how the services provided will be evaluated.

	K.	The County shall give appropriate representatives of private school students with exceptionalities a genuine opportunity to express their views regarding each matter that is subject to the consultation requirements in this section.
	L.	The consultation required in Private School Placements By Parents Item J. must occur before the County makes any decision that affects the opportunities of private school students with exceptionalities to participate in services under section Private School Placement By Parents.
	M.	The County shall make the final decisions with respect to the services to be provided to eligible private school students.
	N.	If a student with an exceptionality is enrolled in a private school and will receive special education or related services the County shall:

		1.	initiate and conduct meetings to develop, review, and revise a services plan for the student, in accordance with section Private School Placements By Private Parents Item R.; and
		2.	ensure that a representative of the private school attends each meeting. If the representative cannot attend, the County School shall use other methods to ensure participation by the private school, including individual or conference telephone calls.

	O.	The services provided to private school students with exceptionalities must be provided by personnel meeting the same standards as personnel providing services in the public schools.
	P.	Private school students with exceptionalities may receive a different amount of services than students with exceptionalities in public schools.
	Q.	The County is not prohibited from providing services to private school students with disabilities in excess of those required by this part, consistent with State law or local policy.
	R.	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 County will provide to the student.
		The services plan must, to the extent appropriate:

		1.	meet the requirements of Policy 2460.04 - Individualized Education Program Process for Special Education Students, under section Individualized Education Program Content with respect to the services provided; and
		2.	be developed, reviewed, and revised consistent with Policy Policy 2460.04 – Individualized Education Program Process for Special Education Students and of this policy.

Services provided to private school students with exceptionalities may be provided on-site at a student's private school, including a religious school, to the extent consistent with law.

If necessary for the student to benefit from or participate in the services provided under this part, a private school student with an exceptionality must be provided transportation:

			a.	from the student' school or the student's home to a site other than the private school; and
			b.	from the service site to the private school, or to the student's home, depending on the timing of the service.

		2.	The Board is not required to provide transportation from the student's home to the private school.
		3.	The cost of the transportation described in Private School Placements By Parents Item S.1. of this policy may be included in calculating whether the public agency has met the requirement of Private School Placements By Parents Item D.

Requirements That Funds Not Benefit A Private School

The County may not use funds provided under Section 611 or 619 of IDEA for classes that are organized separately on the basis of school enrollment or religion of the students if:

		1.	the classes are at the same site; and
		2.	the classes include students enrolled in public schools and students enrolled in private schools.

	B.	The Board may not use funds provided under Section 611 or 619 of IDEA to finance the existing level of instruction in a private school or to otherwise benefit a private school.
	C.	The Board shall use funds provided under Part B of IDEA to meet the special education and related services needs of students enrolled in private schools but not for:

		1.	the needs of the private school; or
		2.	the general needs of the students enrolled in the private school.

The Board may use funds available under Section 611 and 619 of IDEA to make public school personnel available in other than public facilities:

		1.	to the extent necessary to provide services under sections (Private School Placements By Parents) and (Requirements That Funds Not Benefit A Private School) for private school students with disabilities; and
		2.	if those services are not normally provided by the private school.

The Board may use funds available under Section 611 and 619 IDEA to pay for the services of an employee of a private school to provide services under sections (Private School Placements By Parents) and (Requirements That Funds Not Benefit A Private School) if:

		1.	the employee performs the services outside of his/her regular work hours of duty; and
		2.	the employee performs the services under public supervision and control.

	F.	The Board must keep title to and exercise continuing administrative control of all property, equipment and supplies that the Board acquires with funds under Section 611 or 619 of IDEA for the benefit of private school students with disabilities.
	G.	The Board may place equipment and supplies in a private school for the period of time needed for the program.
	H.	The County shall ensure that the equipment and supplies placed in a private school:

		1.	are used only for Part B purposes; and
		2.	can be removed from the private school without remodeling the private facility.

The County shall remove equipment and supplies from a private school if:

		1.	the equipment and supplies are no longer needed for Part B purposes; or
		2.	removal is necessary to avoid unauthorized use of the equipment and supplies other than for Part B purposes.

No funds under Part B of IDEA may be used for repairs, minor remodeling, or construction of private school facilities.

West Virginia Board of Education Policy 2419
W. Va. Code 18-20-1, et seq.
Individuals with Disabilities Education Act