Education of Students with Disabilities. The DOE is the State of Hawaii's “state education agency” (SEA) and “local education agency” (LEA) for purposes of compliance with the Individuals with Disabilities Education Act (IDEA). All public schools, including charter schools, are part of and fall under the LEA. As such, the School shall comply with all applicable federal and State laws, rules, policies, procedures, and directives regarding the education of students with disabilities, including but not limited to Chapter 8-60, Hawaii Administrative Rules (HAR). The Commission shall collaborate with the DOE to develop guidelines related to the provision of special education services and resources to each charter school. The DOE is statutorily responsible for the provision of a free appropriate public education as defined by Section 504 of the Rehabilitation Act of 1973 (“Section 504”) and IDEA. If the School enrolls special education students or identifies one of its students as eligible for special education, the School shall be responsible for ensuring the educational and related services that are required by a student's individualized education program (IEP) pursuant to Section 302D-30, HRS. The programs and services for the student shall be determined collaboratively by the student's IEP team, which includes the student's parents or legal guardian.
Education of Students with Disabilities. 3.5.1. The DOE is the State of Hawaii's “state education agency” (SEA) and “local education agency” (LEA) for purposes of compliance with the Individuals with Disabilities Education Act (IDEA). All public schools, including charter schools, are part of and fall under the LEA. As such, the School shall comply with all applicable federal and State laws, rules, policies, procedures, and directives regarding the education of students with disabilities, including but not limited to Ch. 8-60, Hawaii Administrative Rules (HAR).
3.5.2. The Commission shall collaborate with the DOE to develop guidelines related to the provision of special education services and resources to each charter school.
3.5.3. The DOE is statutorily responsible for the provision of a free appropriate public education. If the School enrolls special education students or identifies one of its students as eligible for special education, the School shall be responsible for ensuring the educational and related services that are required by a student's individualized education program (IEP) pursuant to Section 302D-30, HRS.
3.5.4. The programs and services for the student shall be determined collaboratively by the student's IEP team, which includes the student's parents or legal guardian.
Education of Students with Disabilities. 3.5.1. The State Department of Education (DOE) is statutorily responsible for the provision of a free appropriate public education. If the School enrolls special education students or identifies one of its students as eligible for special education, the School shall be responsible for providing the educational and related services required by a student's individualized education program. The programs and services for the student shall be determined collaboratively by the student's individualized education program team, which includes the student's parents or legal guardians.
3.5.2. If the School is unable to provide all of the required services, then the DOE is responsible for providing the student with services as determined by the student's individualized education program team. The Commission shall collaborate with the DOE to develop guidelines related to the provision of special education services and resources to each charter school. The DOE is responsible for reviewing all of the current individualized education programs of special education students enrolled in a charter school and may offer staff, funding or both, to the charter school based upon a per-pupil weighted formula implemented by the DOE and used to allocate resources for special education students in the public schools.
3.5.3. The DOE is the State of Hawaii's “local education agency” (LEA) for purposes of compliance with the Individuals with Disabilities Education Act (IDEA). All public schools, including charter schools, are part of and fall under the LEA. As such, the School shall comply with all applicable federal and State laws, rules, policies, procedures and directives regarding the education of students with disabilities, including but not limited to Ch. 8-60, Hawaii Administrative Rules (HAR).
Education of Students with Disabilities. A. The School recognizes and agrees that it is solely and exclusively responsible for providing services and accommodations to students who have a disability within the meaning of Section 504 and the ADA, but are not eligible for special education and related services under the IDEA, and that nothing in this Contract shall be construed to require the District to provide services or accommodations to such students.
B. School shall provide special education services to students eligible for special education services under the Individuals with Disabilities Education Act (IDEA) whose special education placement as identified in the IEP is “moderate needs” or comparable.
C. If the student’s placement as identified in the IEP under review is a “center-based” program or a separate school, the student’s attendance at the School is contingent upon the determination by the multidisciplinary IEP team that the student can receive a free appropriate public education in the least restrictive environment at the School.
D. Special education services at the School shall be commensurate with those provided at other District schools. If the School hires its own special education teacher(s) they will be subject to a review of licensing by District personnel.
E. The cost for special education services provided by the District pursuant to this Section is described in the DCSD Purchased Services Agreement, negotiated between the School and District on a yearly basis. In addition to these costs, the School shall be responsible for providing and paying the cost of defense for any and all charges, complaints or investigations concerning special education by the Office for Civil Rights (OCR), the Colorado Department of Education (state complaints), the Department’s Federal Complaints Officer, or IDEA due process proceedings and the District shall be available for assistance and consultation. The District and the School agree that enrollment at the School is a choice and as such students with disabilities are generally not eligible for transportation services.
F. The School agrees to comply with all Board policies and regulations and the requirements of federal and state laws and regulations concerning the education of children with disabilities, and shall provide for the attendance of any School employees who should be present at any meetings at which IEPs are developed or modified. If the School and the District disagree as to the correct interpretation or application of a statute...
Education of Students with Disabilities. The School shall provide all special education support services to students at the School. The School shall assign special education support staff as necessary to meet student needs, which staff shall be licensed in accordance with Colorado law.
Education of Students with Disabilities. The School will implement the plan for meeting the needs of students with disabilities set forth in the Renewal Application, except as set forth below. Any material changes to this plan may be made only with the approval of the Institute and the School Board of Directors. Admission of applicants with an IEP or Section 504 Plan shall be in compliance with federal and state law and the Institute requirements and procedures concerning the education of students with disabilities. Every student who is admitted with an IEP or Section 504 Plan from his or her previous school shall be placed directly in a program that meets the requirements of such IEP or Section 504 Plan, unless and until a review staffing by the IEP team or Plan review meeting is held and the IEP or Section 504 Plan is changed.
Education of Students with Disabilities. 1. The Association and the Board recognize the District's obligation to provide a free appropriate public education for students with disabilities under IDEA and/or Section 504. The parties further recognize that Federal and State statutes and regulations require that students with disabilities be educated "to the maximum extent appropriate" with students who are not disabled by providing special education, related services, and supplemental aids and services in the least restrictive environment. In providing a free appropriate public education, the parties acknowledge that the needs of each individual student with disabilities will dictate the environment in which the student is educated, and that each student's education plan will be developed in accordance with his/her individual special needs.
2. Recognizing these statutory obligations, the continuum of options available to students with disabilities, and the potential impact and additional teacher workload of these obligations and options in a regular education classroom setting, the following factors will be considered:
a. The education benefits both academic and non-academic, available to a student with disabilities in the regular classroom setting and the student with disabilities' progress, with appropriate supplemental aids and services;
b. The effects and impact of the student with disabilities' inclusion in the regular education classroom setting upon the other students in the class, both positive and negative [e.g. unreasonable classroom disruptions or diversion of instruction time despite appropriate supplemental aids or services]; and
c. The cost of necessary supplementary services.
3. Any teacher involved in educating a student who is being served under an IEP or 504 Plan will be given a copy of that plan and will be given the opportunity to provide input and feedback in the development (where possible), implementation or revision of that plan. The IEP/504 Plan will designate the individual to whom the teacher should go to discuss questions and concerns related to Section P.2., above, or seek revisions or interventions.
4. Recognizing that special classes, separate schooling, or removal of children with disabilities from the regular education environment may occur 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, the District will be proactive in:
a. Exploring outsid...
Education of Students with Disabilities. The School shall provide services and accommodations to students with disabilities in accordance with the Individuals with Disabilities Education Act (20 U.S.C. § 1401 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), and the Exceptional Children’s Educational Act (C.R.S. 00-00-000, et seq.)(“ECEA”), and any other state and federal laws and regulations pertaining to the education of students with disabilities.
Education of Students with Disabilities. The School agrees to comply with the requirements of federal and state law concerning the education of children with disabilities. The School will cooperate with the District and the Mountain Board of Cooperative Education Services in the education of these students. Students with disabilities who are not residents of the District and who require more services than current staffing allows will be served by the current School funding or via a process of negotiation on an individual student-by-student basis between the school district in which the student resides and the School Administrator. The Pikes Peak or Mountain Board of Cooperative Educational Services or other agencies may be involved in service delivery at the School; however, payment for such services will be assumed by the School. In accordance with the Colorado Open Enrollment Law, the School may choose to not enroll students with disabilities if the School is not in a position to serve the needs of the child. If the School does enroll a student from another district, it will be responsible for the planning and financial obligations of serving that student. The cost of those services will be the responsibility of the School.
Education of Students with Disabilities. The Charter School shall evaluate and provide special education services to Charter School Students as provided in the attached Exhibit B, “Cooperative Plan For Delivery And Funding Of Services To Charter School Students With Disabilities,” the terms of which are incorporated in this Agreement as if fully set forth herein.
