Identification of Individuals with Exceptional Needs
BP 6164.40
IDENTIFICATION OF INDIVIDUALS WITH EXCEPTIONAL NEEDS
| Note: AS 14.30.274 and 4 AAC 52.100 require districts to establish written procedures to ensure exceptional children are identified for assessment purposes. 4 AAC 52.110 requires written procedures for receiving referrals. 4 AAC 52.130 requires districts to establish written criteria for identifying gifted children. The Code of Federal Regulations, Title 34, Section 300.220 requires procedures that ensure that all individuals with disabilities who need special education services and reside within district jurisdiction are identified, located and evaluated. |
The School Board recognizes the responsibility of the district to identify children residing in the district who need special education including gifted and talented and related services. As required by law, the Superintendent or designee shall establish written comprehensive procedures for locating children with exceptional needs in order to provide a free appropriate public education to all eligible children. The Board encourages all members of the community to assist the district in its effort to identify the need of special education and related services within the community.
The school district shall obtain the written consent of a child's parent before conducting an initial assessment, placing the student in a special education program in the district, or conducting a reevaluation. If that consent is not given, and the district believes it should proceed with the assessment and placement, it shall appoint a hearing officer in accordance with state law to determine whether the district should initiate such evaluation or placement. If the hearing officer concludes that the district's plans for evaluation and placement of the child are in accord with law and are in the child's best interest, and the parent continues to disagree, the parent may file a written request for an appeal to the Department of Education.
The School District shall use the most recent issue of the State of Alaska Special Education Handbook for its written procedures, to guide the district’s special education program. Any additions and/or deletions shall be noted in writing and approved by the Superintendent.
(cf. 1400 - Relations Between Other Governmental Agencies and the Schools)
(cf. 6172 - Special Education)
Legal Reference:
ALASKA STATUTES
14.30.191 Educational evaluation and placement
14.30.274 Identification of exceptional children
ALASKA ADMINISTRATIVE CODE
4 AAC 52.100 Child find
4 AAC 52.110 Referral
4 AAC 52.120 Evaluation
4 AAC 52.125 Eligibility
4 AAC 52.130 Criteria for determination of eligibility
4 AAC 52.190 Written notice to parent
4 AAC 52.200 Parental consent
4 AAC 52.540 Parental right to independent evaluation
4 AAC 52.570 Appeal to department
4 AAC 52.580 Placement of child during proceedings
UNITED STATES CODE, TITLE 20
1232g Family Educational Rights and Privacy Act of 1974
1400 et seq. Individuals with Disabilities Education Act
UNITED STATES CODE, TITLE 29
701 et seq. Rehabilitation Act of 1973
CODE OF FEDERAL REGULATIONS, TITLE 34,
99.10-99.22 Inspection, review and procedures for amending education records
104.35 Evaluation and Placement
104.36 Procedural Safeguards
300.500-300.514 Due process for parents and children
KETCHIKAN GATEWAY BOROUGH SCHOOL DISTRICT
Adoption Date: 10/13/99