006.04D1

The MDT shall be composed of those persons required to verify a hearing impairment (92 NAC 006.04E) and A visual impairment (92 NAC 006.04L).

006.04D2

The child with deaf-blindness shall meet the verification criteria for both hearing impairments and visual impairments.

006.04E1

The MDT shall include at least:

006.04E1a

The child's teacher or teacher qualified to teach a child that age;

006.04E1b

An educator endorsed to teach a child with hearing impairments;

006.04E1c

A speech-language pathologist; and

006.04E1d

A school district administrator or a designated representative.

006.04E2a

The adverse effect the impairment has on the development or educational performance of the child.

006.04E2b

A written report signed by a licensed or certified audiologist documenting a unilateral or bilateral hearing loss based on a current audiological evaluation;

006.04E2c

A documented hearing loss that has been determined or can be expected to produce a delay or interference with the development and maintenance of the following:

006.04E2c(1)

Effective verbal communication;

006.04E2c(2)

Expressive or receptive language development;

006.04E2c(3)

Academic and vocational performance;

006.04E2c(4)

Social emotional competence; or

006.04E2c(5)

Adaptive behavior skills.

006.04E3a

A preliminary audiometric screen;

006.04E3b

A written report signed by a licensed or certified audiologist documenting a hearing loss.

006.04E3c

The analysis and documentation that the hearing loss has been determined to or can be expected to produce significant delays that would:

006.04E3c(1)

Result in standardized test scores falling 1.3 standard deviations below the mean in one or more of the following areas: receptive language, expressive language, speech production or cognition; or

006.04E3c(2)

Result in a social/behavioral handicap.

006.04F1

The MDT shall include at least:

006.04F1a

A school psychologist or licensed psychologist;

006.04F1b

At least one of the child's teachers or a teacher qualified to teach a child that age;

006.04F1c

A special educator; and

006.04F1d

A school district administrator or a designated representative.

006.04F4a

General intellectual functioning in the range of two (2.0) to three (3.0) standard deviations below the mean (IQ. of 56 to 70) as determined by individual evaluation using appropriate instruments with commensurate documented adaptive behavior.

OR

006.04F4b

Significant adaptive behavior deficiencies as observed in the school and the community and functioning at IQ. level of 71 to 80. Significant adaptive behavior deficiencies shall include deficiencies in at least two major areas as well as other adaptive behaviors and shall be reflected in standard scores of at least two (2.0) standard deviations below the mean (30 standard score points). The major areas are oral expression, listening comprehension, written expression, basic reading skills, reading comprehension, mathematics calculation and mathematics reasoning.

006.04F5a

General intellectual functioning of three (3.0) to four (4.0) standard deviations below the mean, with commensurate documented adaptive behavior. If there is a discrepancy of more than one (1.0) standard deviation between major composite scores, the examiner may use the higher score as the indicator of the child's intellectual ability.

006.04F6a

General intellectual functioning of at least four (4.0) standard deviations below the mean, with commensurate documented adaptive behavior. If there is a discrepancy of more than one (1.0) standard deviation between major composite scores, the examiner may use the higher score as the indicator of the child's intellectual ability.

006.04F7a

At least a two (2.0) standard deviation deficit in intellectual functioning, with at least a 1.3 standard deviation deficit in adaptive behavior; or

006.04F7b

At least a two (2.0) standard deviation deficit in adaptive behavior, with at least a 1.3 standard deviation deficit in intellectual functioning; or

006.04F7c

A medical condition or syndrome which can be expected to produce such delay in later childhood.

006.04G1

The MDT shall include at least:

06.04G1a

A school psychologist or licensed psychologist;

006.04G1b

A special educator;

006.04G1c

Those personnel required to verify the other suspected disability(s); and

006.04G1d

A school district administrator or a designated representative.

006.04G2

In order for a child to be verified as a child with multiple impairments the evaluation shall include the analysis and documentation of:

006.04G2a

Verification of school age students as a student with a mental handicap: moderate or mental handicap: severe/profound and for a child below age five verification of a mental handicap (as per 92 NAC 51-006.04F); and

006.04G2b

Verification of one or more additional disabilities.

006.04H1

The MDT shall include at least:

006.04H1a

The child's teacher(s) or a teacher qualified to teach a child that age;

006.04H1b

A special educator;

006.04H1c

A physical therapist; or an occupational therapist; or both, when appropriate; and

006.04H1d

A school district administrator or a designated representative.

006.04h3

In order for a child to be verified as a child with orthopedic impairments, the evaluation shall include the analysis and documentation of:

006.04h3a

A signed, written report from a physician which describes the severe motor impairment and any medical implications;

006.04h3b

The child's level of educational or developmental performance; and

006.04h3c

A muscular or neuromotor impairment, or skeletal deformity that limits the ability to:

006.04h3c(1)

Move about;

006.04h3c(2)

Maintain postures;

006.04h3c(3)

Manipulate materials required for learning; or

006.04h3c(4)

Perform activities of daily living.

006.04I1

The MDT shall include at least:

006.04I1a

The child's teacher(s) or a teacher qualified to teach a child that age;

006.04I1b

A special educator;

006.04I1c

A school district administrator or a designated representative.

006.04I3a

A signed, written report from a physician which describes the current health status and gives any medical implications of the impairment;

006.04I3b

Limited strength, vitality or alertness, due to a chronic or acute health impairment; and

006.04I3c

The child's adversely affected development or educational performance.

006.04J1

The MDT shall include at least:

006.04J1a

For a school age child, the child's regular teacher(s) or a regular classroom teacher qualified to teach a child of that age;

006.04j1b

For a child below age 5, a teacher qualified to teach a child below age 5;

006.04J1b

A special educator with knowledge in the area of specific learning disabilities;

006.04J1c

A school psychologist or licensed psychologist; and

006.04J1d

A school district administrator or a designated representative.

006.04J2a

A visual, hearing or motor handicap;

006.04J2b

a mental disability;

006.04J2c

A behavioral disorder; or

006.04J2d

Environmental, cultural or economic disadvantage.

006.04J4a

The observation and documentation of the child's academic functioning, educational environment, and the child's interaction with that environment (basic psychoeducational processes) in the regular classroom, conducted by at least one team member other than the child's classroom teacher;

006.04J4b

The results of an individual test of intelligence. The child shall score above the minus one (-1.0) standard deviation point, full scale IQ. on an individual test of intelligence. If there is a discrepancy of more than one (1.0) standard deviation between major composite scores, the higher score may be used as the indicator of the child's intellectual ability.

006.04J4c

The results of the child's assessed ability level. The child's standard score in one or more major area(s) must be at least 1.3 standard deviations below the child's assessed ability level (20 standard score points). In addition, the standard score in the major area(s) which is used to establish the qualifying discrepancy shall fall at or below 90 standard score points regardless of the discrepancy between assessed ability level and the major area. Discrepancies shall be verified in terms of standard score units rather than age or grade equivalents. The major areas are oral expression, listening comprehension, written expression, basic reading skills, reading comprehension, mathematics calculation and mathematics reasoning.

006.04K1

The MDT shall include at least:

006.04K1a

The child's teacher(s) or a teacher qualified to teach a child that age;

006.04K1b

A speech-language pathologist; and

006.04K1c

A school district administrator or a designated representative.

006.04K2a

Language (including form, content or function);

006.04K2b

Articulation (including speech production);

006.04K2c

Voice; and

006.04K2d

Fluency.

006.04K4a

In order for a child below age five to be verified as a child with speech-language impairments in the area of language the evaluation shall include the analysis and documentation of:

006.04K4a(1)

The adverse effect the impairment has on the development of the child.

006.04K4a(2)

Performance from comprehensive standardized language tests (which may include but not be limited to vocabulary tests) which shall be at least 2.0 standard deviations below the mean for chronological age.

006.04K4b(1)

The adverse effect the impairment has on the development or educational performance of the student.

006.04K4b(2)

General intellectual ability. If sufficient information can be documented to determine that a student has at least average overall ability, a psychological evaluation is not required. If the MDT determines the need, a psychological assessment shall be completed to determine a standard score indicating general intellectual ability. Selection and interpretation of diagnostic tools shall take into consideration the language functioning of the child to be evaluated, so that the estimate of the child's intellectual functioning is minimally biased by the language impairment. A psychological evaluation needs to include a determination of adaptive behavior levels.

006.04K4b(3)

The student's expressive and receptive communication skills. These may include the areas of syntax, morphology, semantics, pragmatics, and language formulation and retrieval.

006.04K4b(4)

The student's communication which shall consistently score greater than 1.3 standard deviations (20 standard score points) below the child's overall ability level and it shall affect communication in the classroom, at home, or with peers. Prognosis, the child's motivation, dialect and cognitive abilities must all be considered and may affect the child's eligibility. Documentation may be reported by informants such as parents or teachers or in the form of language samples. At least one form of the assessment instruments used must yield a standard score.

006.04K4b(5)

Students who require the use of alternative or augmentative modes or devices for communication may be verified as language impaired.

006.04K5a

In order for a child below age five to be verified as a child with speech-language impairments in the area of articulation, the evaluation shall include the analysis and documentation of:

006.04K5a(1)

The adverse effect the impairment has on the development or educational performance of the child.

006.04K5a(2)

Defects of the speech articulators which can be expected to produce significantly disordered speech production.

OR

006.04K5a(3)

Demonstrate at least two of the following three criteria:

006.04K5a(3)(a)

The child must demonstrate at least three simple phoneme articulation errors in the pre-vocalic (initial) and post-vocalic (final) positions. The team must document that the errors are not maturational in nature when compared to the Iowa-Nebraska Articulation Norms.

or

006.04K5a(3)(b)

A child must demonstrate more than two consistent vowel phoneme errors that are not a function of dialect or maturation (excluding vocalic /r/), which are significantly affecting intelligibility.

or

006.04K5a(3)(c)

A child must demonstrate multiple consonant errors resulting in connected speech which is less than 75% intelligible in known context. If intelligibility is determined to be a factor, it must be affected in at least two out of three environments (e.g., home, school, and diagnostic setting). Observations may be reported by informants, such as parents or teachers.

006.04K5b

In order for a child of the ages of five and six years to be verified as a child with speech-language impairments in the area of articulation, the evaluation shall include the analysis and documentation of:

006.04K5b(1)

The adverse effect the impairment has on the development or educational performance of the child.

006.04K5b(2)

At least three simple phoneme articulation errors in the pre-vocalic (initial) and post-vocalic (final) positions. The team must document that the errors are not maturational in nature when compared to the Iowa-Nebraska Articulation Norms.

OR

006.04K5b(3)

The child must demonstrate significant oral-motor problems, which are interfering with, or will potentially interfere with, normal articulation development. This must be documented in the multidisciplinary team findings.

OR

006.04K5b(4)

The child must demonstrate more than two consistent vowel phoneme errors, not related to dialect (excluding vocalic /r/), which are significantly affecting intelligibility.

OR

006.04K5b(5)

The child must demonstrate multiple consonant errors in connected speech which is less than 75% intelligible in known context. If intelligibility is determined to be a factor, it must be affected in at least two out of three environments (e.g., home, school and diagnostic setting). Observations may be reported by informants, such as parents or teachers.

006.04K5c

In order to verify a student age seven or older as a student with speech-language impairments in the area of articulation, the evaluation shall include the analysis and documentation of:

006.04K5c(1)

The adverse effect the impairment has on the development or educational performance of the student.

006.04K5c(2)

Articulation error(s) that are at least 12 months delayed when compared to the Iowa-Nebraska Articulation Norms, as assessed via picture, sentence or paragraph articulation test, and who errors occur at least 50% of the time in connected speech.

Stimulability, prognosis, child motivation, effect of condition on the child's communication in the classroom, at home with peers, dialect, and metal age must all be considered.

006.04K6a

In order for a child to be verified as a child with speech-language impairments in the area of voice, the evaluation shall include the analysis and documentation of:

006.04K6a(1)

The adverse effect the impairment has on the development or educational performance of the child.

006.04K6a(2)

Chronic voice deviance, as assessed by the specific examination of:

006.04K6a(2)(a)

Oral peripheral structures;

006.04K6a(2)(b)

Intensity (loudness):

006.04K6a(2)(c)

Vocal pitch, (range, inflection and appropriateness);

006.04K6a(2)(d)

Resonation (nasality and air flow); and

006.04K6a(2)(e)

Phonatory quality (breathiness, hoarseness and harshness).

006.04K6a(3)

The team must consider and document prognosis, child motivation and the effect of the condition on the child's communication in the educational setting, at home and with peers.

006.04K6b

Mild hoarseness, evidenced when history of upper respiratory disease or upper respiratory allergy exists, is not appropriate as a sole basis for verification.

006.04K7a

In order for a child to be verified as a child with speech-language impairments in the area of fluency, the evaluation shall include the analysis and documentation of:

006.04K7a(1)

The adverse effect the impairment has on eh development or educational performance of the child.

006.04K7a(2)

Observation in multiple environments (educational or diagnostic setting, with peers, at home);

006.04K7a(3)

Frequency of dysfluencies by type;

006.04K7a(4)

Duration of dysfluencies;

006.04K7a(5)

Response to stress;

006.04K7a(6)

Struggle and avoidance characteristics; and

006.04K7a(7)

Type and level of dysfluencies, repetitions (phrase, whole word, syllable and phoneme), prolongations and blocks (fixations).

006.04K7b

Dysfluencies solely attributable to maturational levels are not appropriate for verification. The team must consider and document prognosis, child's motivation, and the effect of the condition on the child's communication in the educational setting, at home, and with peers.

006.04L1

The MDT shall include at least:

006.04L1a

A school psychologist or licensed psychologist;

006.04L1b

The child's teacher(s) or a teacher qualified to teach a child of that age;

006.04L1c

A special education teacher or appropriate related service provider; and

006.04L1d

A school district administrator or a designated representative.

006.04L2

In order for a child to be verified as having a traumatic brain injury, the evaluation shall include the analysis and documentation of:

006.04L2a

A description of an event that has resulted in an acquired insult tot he brain (generally provided by medical personnel or other specialist with knowledge of traumatic brain injury);

006.04L2b

Evidence of impaired functioning in one or more of the following areas that has been determined to produce an adverse effect on the child's educational or developmental performance;

006.04L2b1

Cognition (shall include, but not be limited to attention, memory learning, organization, problem solving, abstract reasoning, communication, judgment, visual perception and auditory perception);

006.04L2b2

Sensory functioning

006.04L2b3

Motor functioning (shall include, but not be limited to motor sequencing, planning and execution);

006.04L2b4

Behavior (shall include, but not be limited to agitation, irritability, aggression, apathy, lack of insight, impulsivity, poor emotional control, disinhibition, secondary depression and withdrawal, and difficulties with social relationships); and

006.04L2c

The severity of the impaired functions which may vary across situations, activities and time. Where appropriate, the team must consider and document these variations.

006.04M1

The MDT shall include at least:

006.04M1a

The child's teacher(s) or a teacher qualified to teach a child of that age;

006.04M1b

An educator of the visually handicapped;

006.04M1c

A licensed ophthalmologist, a licensed optometrist, or a doctor of physiological optics; and

006.04M1d

A school district administrator or a designated representative.

006.04M2a

Visually Handicapped: Blind

006.04M2a(1)

In order for a child to be verified as visually handicapped: blind, the evaluation shall include the analysis and documentation of:

006.04M2a(1)(a)

No light perception or light projection.

006.04M2a(1)(b)

The need for adapted curriculum, method, materials, and equipment for learning; and

006.04M2a(1)(c)

The educational significance of the visual handicap including:

006.04M2a(1)(c)(i)

Relevant behaviors observed in appropriate developmental and educational settings by someone other than the child's classroom teacher; and

006.04M2a(1)(c)(ii)

Deficiencies in one or more of the following areas: activities of daily living, social interaction, academic achievement, performance in the educational setting, or orientation and mobility.

006.04M2b(1)

In order for a child to be verified as visually handicapped: legally blind, the evaluation shall include the analysis and documentation of:

006.04M2b(1)(a)

A visual acuity of 20/200 or less in the better eye after correction or a restricted field of 20 degrees or less;

006.04M2b(1)(b)

The need for adapted curriculum, methods, materials, and equipment, or any combination thereof for learning; and

006.04M2b(1)(c)

The educational significance of the visual handicap including:

006.04M2b(1)(c)(i)

Relevant behaviors observed in appropriate developmental and educational settings by someone other than the child's classroom teacher; and

006.04M2b(1)(c)(ii)1

Deficiencies in one or more of the following areas: activities of daily living, social interaction, academic achievement, performance, or orientation and mobility.

006.04M2c(1)

In order for a child to be verified as visually handicapped: partially sighted, the evaluation shall include the analysis and documentation of:

006.04M2c(1)(a)

The eye condition with best possible correction certifying:

006.04M2c(1)(a)(i)

An ocular disorder associated with structural defects/conditions; or

006.04M2c(1)(a)(ii)

An ocular disorder associated with a disease; or

006.04M2c(1)(a)(iii)

A progressive loss of sight which may affect ability to learn visually.

006.04M2c(1)(b)(i)

Relevant behaviors observed in appropriate developmental and educational settings by someone other than the child's classroom teacher.

006.04M2c(1)(b)(ii)

Deficiencies in one or more of the following areas: activities of daily living, social interaction, academic achievement, performance in the educational setting, or orientation and mobility.

006.04M2c(1)(e)(i)

A distant visual acuity of 20/50 or less, in the better eye after correction;

006.04M2c(1)(e)(ii)

A near visual acuity equivalent to or less than 8 point type at 40 centimeters, in the better eye after correction;

006.04M2c(1)(e)(iii)

A central visual field loss of any degree in both eyes; or

006.04M2c(1)(e)(iv)

A remaining peripheral visual field no greater than 60 degrees in either eye.

006.05 Reevaluation

006.05A

A reevaluation of each child with a previously verified disability, based on the verification procedures required in 92 NAC 51-006, shall be conducted at least every three years or more frequently if conditions warrant or if the child's parent(s) or teacher requests a reevaluation.

006.06 Independent Educational Evaluation

006.07A

A parent has the right to obtain an independent evaluation at no cost to the parent if the parent disagrees with an evaluation obtained by the school district's MDT. Such independent evaluation shall be at the expense of the school district or the school district shall insure that the evaluation is otherwise provided at no cost to the parent.

006.07B

The school district may initiate a hearing under 92 NAC 55 to show that its evaluation is appropriate. If the hearing officer's final decision is that the evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at the school district's expense.

006.07C

If a hearing officer requests an independent educational evaluation as part of a hearing, the costs of the evaluation shall be at the expense of the school district.

006.07D

Whenever an independent evaluation is at school district expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria which the school district uses when it initiates an evaluation.

006.07E

If the parent obtains an independent educational evaluation at private expense, the results of the evaluation:

006.07E1

Shall be considered by the MDT with respect to the provision of a free appropriate public education.

006.07E2

May be presented as evidence at a hearing under the provisions of 92 NAC 55 regarding the child.

006.07F

The school district shall provide to parents on request, information on those agencies or individuals approved by the Department of Education for the provision of evaluation services.

007 Individual Education Program

007.01

If a determination is made that a child needs special education and related services, an Individual Education Program (IEP) must be developed for the child. The Individual Education Program (IEP) is a written statement for a child with a verified disability which specifies the special education and related services necessary to assure that child a free, appropriate public education. Parents shall receive a copy of the IEP. The IEP shall include:

007.01A

A statement of the child's present level(s) of development or educational performance.

007.01B

A statement of the annual goals describing anticipated behavior to be achieved, based on the child's present level of development or educational performance.

007.01C

A statement of the measurable short-term instructional objectives.

007.01D

A statement of the specific special education and related services to be provided to the child.

007.01E

A description of the extent to which the child will participate in regular education program.

007.01F

The projected date(s) for the initiation and anticipated duration of service(s).

007.01G

Appropriate objective criteria, evaluation procedures and schedules for determining, on at least an annual basis, the achievement of the instructional short-term objectives.

007.01H

A list of individuals responsible for implementing the IEP.

007.01I

The amount of time per day, days per week, and the number of months of service to be delivered to children below age five.

007.01J

The date of the IEP conference.

007.01K

A statement of the needed transition services for students beginning no later than age 16 and annually thereafter (and, when determined appropriate for the individual beginning at age 14 or younger), including, when appropriate, a statement of the interagency responsibilities or linkages (or both) before the student leaves the school setting.

007.01L

The plan of transportation and any special conditions necessary for safe transportation of the child with a verified disability shall be part of the IEP, when applicable.

007.02 Responsibility

007.02A

An IEP shall be developed and implemented for each resident public and non-public school child who receives special education services. School districts shall establish and demonstrate procedures for developing, implementing, reviewing, revising, maintaining records for and evaluating IEPs. The IEP must be in effect before special education and related services are provided to a child, and must be implemented as soon as possible, not to exceed the procedural timelines set forth in 92 NAC 51-009.02.

007.03 IEP Conference

007.03A

The school district is responsible for initiating and conducting conferences for the purpose of developing, reviewing and revising an IEP for a child with a verified disability.

007.03B

A conference must be held for this purpose at least once a year for school age students and semiannually for children below age five. IEP meetings may be requested more frequently.

007.03C

An IEP conference must be held within thirty (30) calendar days of the verification of the child's disability.

007.03D

After the initial IEP conference, IEPs must be in effect at the beginning of each school year.

007.04 Parent Participation

007.04A

The school district shall take steps to insure that one or both of the parents of the child with a disability are present at the IEP conference or are afforded the opportunity to participate, including:

007.04A1

Notifying parents of the IEP conference early enough to insure that they will have an opportunity to attend; and

007.04A2

Scheduling the meeting at a mutually agreed on time and place.

007.04B

The notification under 007.04A1 must indicate the purpose, time and location of the meeting and who will be in attendance.

007.04C

If neither parent can attend, the resident district shall use other methods to insure parent participation, including individual or conference telephone calls.

007.04D

A meeting may be conducted without a parent in attendance if the resident district is unable to convince the parents they should attend. In this case, the district must have a record of its attempts to arrange a mutually agreed on time and place such as:

007.04D1

Detailed records of telephone calls made or attempted and the results of the calls.

007.04D2

Copies of correspondence sent to the parents and any responses received, and

007.04D3

Detailed records of visits made to the parent's home or place of employment and the results of those visits.

007.04E

The school district shall take whatever action is necessary to insure that the parent understands the proceedings of an IEP conference, including arranging for an interpreter for parents who are deaf or whose native language is other than English.

007.05 IEP Team Participants

008.01 Least Restrictive Environment (LRE) Requirements

008.01A

The school district shall establish policies and procedures to assure that, to the maximum extent appropriate, children with disabilities including children in public or non-public schools and approved service agencies are educated with children who are not disabled and that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

008.01B

Before any action is taken with respect to the initial placement of a child with disabilities, the school district or approved cooperative shall be responsible for the provision of a comprehensive individual multidisciplinary evaluation of the child's development and educational needs.

008.01C

In interpreting the information on the child's individual education plan (IEP) to make placement decisions, each school district shall:

008.01C1

Draw upon the information from the child's present level of development or educational performance, physical condition, social or cultural background and adaptive behavior;

008.01C2

Insure that information obtained from all of these sources is documented and carefully considered;

008.1C3

Insure that the placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and

008.1C4

Insure that the placement decision is made in conformity with the least restrictive environment rules in 92 NAC 51-008.01.

008.01D

Each school district or approved cooperative shall assure an array of special education placement options are available. Those options shall include: instruction in regular classes; supplemental services such as resource room; itinerant instruction or consultative services to be provided in conjunction with regular class placement; special classes; special schools; home instruction and instruction in hospitals and institutions.

008.01E

The need for related services of an instructional nature shall be documented on the IEP present level of performance, goals, and objectives, and shall be based on documented diagnostic evidence. Determination of the need for a related service for a child with a verified disability does not require the additional verification of a secondary disability.

008.01F

The resident district shall insure that:

008.01F1

The educational placement of each child with a verified disability:

008.01F1a

Is determined at least annually;

008.01F1b

Is based on his or her individual education program; and

008.01F1c

Is as close as possible to the child's home.

008.01F2

The various array of placement options included under 92 NAC 51-008.01D are available to the extent necessary to implement the individual education program for each child with a verified disability;

008.01F3

Unless a child's individual education program(IEP) requires some other arrangement, the child is educated in the school where he or she would attend if not disabled; and

008.01F4

In selecting the least restrictive environment, consideration is given to any potential harmful effect on the child or on the quality of services which he or she needs.

008.01G

The school district shall take steps to provide nonacademic and extracurricular services and activities as set forth in 34 CFR 300.306, including meals and recess periods, in such manner as is necessary to afford each school age student with a verified disability an equal opportunity for participation with nonhandicapped students who are not disabled in those services and activities to the maximum extent appropriate to meet the needs of each child.

008.02 Placement Requirements

008.02A

School districts may place a child with verified disabilities in special education programs provided;

008.02A1

Written permission to initially place the child in the proposed program is obtained from the parent; or

008.02A2

An order to place the child in the proposed program is obtained from a Department of Education appointed hearing officer or court of competent jurisdiction.

008.02B

For the purpose of observation, evaluation or providing continuity of programming; a child who has transferred into the district form another district with evidence of previous special education placement may be temporarily placed with written approval of the parent. An IEP shall be developed which established the specific conditions and time lines for any temporary placement as part of the evaluation process. This temporary placement shall not exceed forty-five (45) school days.

008.2C

If the school district of residence has made available an appropriate special education program for a child with a verified disability, and the child's parents choose to unilaterally place the child in an alternative service, the district is not required to pay for the child's education in the alternative setting.

008.03 Suspension and Expulsion of Students with Verified Disabilities

008.03A

All rights and procedures for expulsion of a student with a verified disability shall be afforded the student according to Neb. Rev. Stat. 79-4170 to 790-4205 and 92 NAC 51-009.

008.03A1

Expulsion

008.03A1a

For the purposes of this Rule, any exclusion from school for more than 10 school days at one time shall be defined as an expulsion from school.

008.03A1b

The expulsion of a student with a disability for behavior which is directly and substantially related to the student's disability is prohibited.

008.03A1c

To properly determine whether a student's behavior is directly and substantially related to the student's disability, and IEP team shall be convened. The IEP team shall meet the qualifications contained in 92 NAC 51-007 including personnel and notification of parents. The IEP team shall determine:

008.03A1c(1)

Whether the student's behavior is directly and substantially related to his or her verified disability;

008.3A1c(2)

If further assessment is warranted; and

008.03A1c(3)

Whether or not the student's current IEP and placement are appropriate.

008.03A1d

If the student's behavior is properly determined not to be directly and substantially related to his or her disability, the student may be expelled.

008.03A1e

Prior to the expulsion of a student with a verified disability, the district shall observe all procedures required for a change in placement, including:

008.03A1e(1)

Notifying parents in writing according to 92 NAC 51-009.03 of the district's intention to seek expulsion;

008.03A1e(2)

Informing the parents of their right to request a hearing under 92 NAC 55; and

008.03A1e(3)

Allowing the child to remain in his or her current educational placement pending resolution of any review proceedings.

008.03A1f

In cases where the district seeks injunctive relief through the court to remove the student from school, the requirements of 92 NAC 51-008.03A do not apply.

008.03A2

Suspension

008.03A2a

A student may be suspended from school for up to ten school days even if the behavior is related to the student's disability.

008.03A2b

A suspension of ten school days or less at one time does not constitute a change in placement, however, if the student is suspended for ten cumulative days during the school year, an IEP shall be convened for each subsequent suspension to review and determine the appropriateness of the student's special education program and placement.

008.04 Transition from School to Work and Adult LIving

008.04A

The district shall provide a coordinated set of activities designed within an outcome-oriented process, which promote movement from school to post-school activities, including post-secondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities shall be based upon the individual student needs, taking into account the student's preferences and interests, and shall include instruction, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation.

008.04B

In the case where a participating agency, other than the resident school district, fails to provide agreed upon services, the resident school district shall reconvene the IEP team to identify alternative strategies to meet the transition objectives.

008.04B1

As used in this section, "participating agency" means a state or local agency, other than the school district responsible for the student's education, that is financially and legally responsible for providing transition services to the student.

009 Procedural Safeguards

009.01 Accessibility and Confidentiality of Records

009.01A

All school districts, approved cooperatives, and provisionally approved service providers with whom the school district share personally identifiable data shall be bound by the accessibility and confidentiality requirements of this section.

009.01B

The parents of a child with a disability or the child with a disability, if the child has attained eighteen years of age (type and severity of the child's disability shall be taken into consideration) shall be afforded an opportunity to inspect and review all education records with respect to the identification, evaluation, and educational placement of the child and the provision of a free appropriate public education to the child.

009.01C

Access Rights

009.01C1

Each service agency shall permit parents to inspect and review any education records relating to their children which are collected, maintained or used by the service agency. The service agency shall comply with such a request without unnecessary delay and before any meeting regarding an individualized education program or hearing relating to the identification, evaluation, or placement of the child, and in no case more than 45 days after the request has been made.

009.01C2

The right to inspect and review education records includes:

009.01C2a

The right to a response from the participating service agency to reasonable requests for explanations and interpretations of the records; and

009.01C2b

The right to request that the agency provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and

009.01C2c

The right to have a representative of the parent inspect and review the records.

009.01C3

A service agency may presume that the parent has authority to inspect and review records relating to his or her child unless the service agency has been advised that the parent does not have the authority under applicable Nebraska law governing such matters as guardianship, separation, and divorce.

009.01D

Record of Access

009.01D1

Each participating agency shall keep a record of parties obtaining access to education records collected, maintained, or used (except access by parents and authorized employees of the participating service agency), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.

009.01E1

If any education record includes information on more than one child, the parents of those children shall have the right to inspect and review only the information relating to their child or to be informed of that specific information.

009.01F1

Each service agency shall provide parents on request a list of the types and locations of education records collected, maintained, or used by the service agency.

009.01G1

A service agency may charge a fee for copies of records which are made for parents if the fee does not effectively prevent the parents from exercising their right to inspect and review those records.

009.01G2

A service agency may not charge a fee to search for or to retrieve information.

009.01H1

A parent who believes that information in education records collected, maintained, or used is inaccurate, or misleading, or violates the privacy or other rights of the child, may request the service agency which maintains the information to amend the information.

009.01h3

The service agency shall decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request.

009.01H3

If the service agency decides to refuse to amend the information in accordance with the request, it shall inform the parents of the refusal, and advise the parent of the right to a local administrative review to be conducted in accordance with 34 C.F.R. 99.22.

009.01I1

The service agency shall, on request, provide an opportunity for a local administrative review to challenge information in education records to insure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.

009.01J1

If, as a result of the local administrative review, the service agency decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it shall amend the information accordingly and so inform the parent in writing.

009.01J2

If, as a result of the local administrative review, the service agency decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it shall inform the parent of the right to place in the records it maintains on the child a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the service agency, and their right to judicial review.

009.01J3

Any explanation placed in the records of the child must:

009.01J3a

Be maintained by the service agency as part of the records of the child as long as the record or contested portion is maintained by the service agency; and

009.01J3b

If the records of the child or the contested portion is disclosed by the service agency to any party, the explanation must also be disclosed to the party.

009.01K1

Parental consent. must be obtained before personally identifiable information is disclosed to anyone other than officials of the service agency collecting or using the information unless specifically stated in the Family Educational Rights and Privacy Act and its implementing regulations, 34 CFR Part 99.

009.01L1

Each service agency shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages.

009.01L2

One official at each service agency shall assume responsibility for insuring the confidentiality of any personally identifiable information.

009.01L3

All persons collecting or using personally identifiable information must receive training or instruction regarding the State's policies and procedures.

009.01L4

Each participating service agency shall maintain, for public inspection, a current listing of the names and positions of those employees within the service agency who may have access to personally identifiable information.

009.01M1

The service agency shall retain special education records for five (5) years after the completion of the activities for which special education funds were used.

009.01M2

The service agency shall inform parents when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to the child.

009.01M3

The information which is no longer necessary to provide educational services to the child, must be destroyed at the request of the parents. However, a permanent record of a student's name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.

009.03 Notice

009.03A

School districts shall provide a copy of the procedures specified in 92 NAC 51 for complaints and 92 NAC 55 for hearings to the parent of each child who is evaluated by the multidisciplinary evaluation team for possible initial verification.

009.03B

Written notice shall be given to the parents of a child with a disability a reasonable time before a school district:

009.03B1

Proposes to initiate or change the identification, evaluation, verification or educational placement of a child or the provision of a free appropriate public education; or

009.03B2

Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child.

009.03C1

A full explanation of procedural safeguards available to the parents under 34 CFR Part 300 Subpart E and the Handicapped Children's Protection Act of 1986 (20 USC¤1415);

009.03C2

A description of the action proposed or refused by the school district, an explanation of why the district proposes or refuses to take the action, and the description of any options the district considered and the reasons why those options were rejected;

009.03C3

A description of each evaluation procedure, test, record, or report the school district uses as a basis for the proposal or refusal; and

009.03C4

A description of any other factors which are relevant to the school district's proposal or refusal.

009.03E1

That the notice is translated orally or by other means to the parents in his or her native language or other mode of communication;

009.03E2

That the parents understand the content of the notice; and

009.03E3

That there is written evidence that the requirements of this section have been met.

009.04 Parental Consent

009.04A

Parental consent must be obtained by a school district before:

009.04A1

Conducting an initial multidisciplinary evaluation; and

009.04A2

Initial placement of a child with disabilities in a program providing special education and related services.

009.04A3

Except for pre-placement evaluation and initial placement, consent may not be required as a condition of any benefit to the parent or child.

009.04A4

Parental consent for reevaluation is not required. However, written prior notice must be provided.

009.05 Parental Refusal to Consent

009.05A

If parents of a child refuse to consent to initial multidisciplinary evaluation or initial placement in a program providing special education and related services, the school district may initiate a hearing authorized under the provisions of Neb. Rev. Stat. 79-3349 through 79-3354 and 92 NAC 55.

009.05B

If the hearing officer or any court hearing an appeal therefrom, upholds the school district and if the time for further appeal has expired, the school district may evaluate or initially place a child with a disability in a special education program and related services without parental consent and the school district may refuse to provide or pay for any further inappropriate educational program.