2161P - Special Education and Related Services for Eligible Students Procedure

Procedure 2161P

INSTRUCTION

Special Education and Related Services for Eligible Students

XV.    Placement 
No student may receive special education and related services without being determined eligible for services, and thus the evaluation process and IEP development precedes the determination of the special education placement. When a student has been evaluated and the evaluation team and parent have determined student eligibility and the need for special education and related services, programming decisions must occur. These decisions are made on the basis of information generated through the evaluation and IEP processes. The actual program is considered within the context of least restrictive environment (LRE) and the continuum of placement alternatives (reviewed below). When determining initial eligibility for special education, including determination of the appropriate placement, the parent or adult student must provide written consent for services before the student receives special education services. If the parents do not consent to the provision of special education and related services, the district will not provide special education services to the student. The district will notify the parents that the student is eligible for services and that the district is willing to provide the services when the parent provides written consent. The notification will also inform parents that the district has no FAPE obligation to the student when parents refuse to provide consent. 
 
​When program decisions are addressed by the IEP team, proper consideration must be given to the LRE. Within the educational setting, the student should be placed, whenever possible: 
  

In the school the disabled student would normally attend; and  
  

With non-disabled students in the general educational setting to the maximum extent possible. 

  
Special classes, separate schools, or removal of students with disabilities from the general education environment occurs only when the nature or severity of the disability is such that education in the general education classroom with use of supplementary aids and services cannot be satisfactorily achieved. 
  
If the IEP team believes that the student will not be successful within the general education classroom, the team will consider: 
  

The educational benefits of full-time placement in a regular classroom; 
  

The non-academic benefits of such a placement; 
  

The effect the student will have on the teacher and other students in the regular classroom; and 
  

The costs of placing the student in the regular classroom. 

  
The degree to which the student is to be integrated into the general classroom setting is dependent upon the identified needs of the student. This placement is to occur unless the nature of the needs are so severe that this cannot be satisfactorily achieved, even with supplementary aids and services. If the placement is in another building, the appropriate educational placement will be as close to the student's home as reasonably possible. 
  
Within the nonacademic setting, students will be provided nonacademic and extracurricular activities with non-disabled students as specified on the IEP and described in WAC 392-171A-02025.  
  
The district will also make opportunities available for students eligible for special education to participate with non-disabled students in the district’s elective courses or special course offerings such as art, music, related arts, computer, consumer classes, and CTE courses. 

  
Within the district, a continuum of alternative placement options exists spanning within a general education class or regular early childhood program, Tier III intensive support, resource room, self-contained, home-bound, and out-of-district provisions. These options are intended to address the individual needs of students, including preschool students with disabilities, and they are considered according to the following process: 
  
The placement of each student with a disability will be determined annually, or sooner if appropriate, by the IEP team. 
  
The appropriateness of placement options will be based upon various decisions including: 
  

Data-based judgments in IEP development; 
  

Judgments (data-based) in determining LRE; 
  

The reasonable probability of the placement option(s) assisting the student to attain annual goals and objectives and the quality of services needed; and 
  

The consideration of potentially harmful effects upon the student or on the quality of services needed. 
  

Placement options along the continuum must include alternative placement options identified in the definition of special education and make provisions for supplementary services such as resource room or itinerant instruction to be provided in concert with the general education placement.