Lincoln Public Schools adopts this special education policy with the intent that the policy maintains the District’s compliance with all applicable laws affecting special education services and programs. The Superintendent or designees shall develop regulations or procedures to implement these policies. Employees and contractors of the District are expected to comply with these policies and all regulations, guidelines and procedures related to this policy in all respects.
The District will abide by all state and federal laws relating to special education. The District’s special education policy and regulations, guidelines and procedures related to this policy are to be interpreted so as to be in compliance with such laws. In the event of changes in law, the school administration shall be authorized to implement modifications of practice to comply with such changes (whether the changes impose more or less stringent procedural or substantive requirements) until such time as amended policies are adopted by the Board of Education. References herein to 92 NAC 51 citations are made to Rule 51 as in effect on the date of the adoption of this policy. In the event of renumbering or other revisions to Rule 51, the policy shall be interpreted and implemented consistent with such renumbering or revisions.
A free appropriate public education and related services shall be made available to all infants, toddlers, and children with disabilities residing in the District from date of diagnosis through the school year in which the student reaches 21 years of age, including children with disabilities who have been suspended or expelled.
Legal Reference: 92 NAC 51-004.01 through 004.03A and 007.07C2 through 007.07C6; 92 NAC 52-003.09; 004.01E; 008.03
The District shall take steps to ensure that its children with verified disabilities, through the school year in which the child reaches age twenty-one, have available to them the variety of educational programs and services available to children without disabilities in the areas served by the District, including art, music, industrial arts, family consumer science education and vocational education.
Legal Reference: 92 NAC 51-004.11A
All children from birth through the school year in which the child reaches age twenty-one (21) residing in the District, including infants, toddlers, and children with disabilities who are homeless or are wards of the state or attending nonpublic schools, regardless of the severity of their disabilities, who are in need of special education and related services, will be identified, located and evaluated and a practical method shall be developed and implemented by the administration to determine which infants, toddlers, and children with disabilities are currently receiving needed special education and related services.
Legal Reference: 92 NAC 51-006.01 through 006.01A2; 92 NAC 52-004.01B and 006.01 through 006.01C
An individualized education program, or an individualized family service plan, is to be developed, reviewed and revised for infants, toddlers, and children with disabilities in accordance with 92 NAC 51-007 or NAC 52-007.
Legal Reference: 92 NAC 51-007; 92 NAC 52-007
To the maximum extent appropriate, children with disabilities, through the school year in which the child reaches age twenty-one, including children in public or private institutions or other care facilities, are to be educated with children who are not disabled; and special classes, separate schooling or other removal of children with disabilities from the regular educational environment will occur only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
To the maximum extent appropriate, early intervention services provided by the school district or approved cooperative for infants and toddlers shall be provided in natural environments including home and community settings in which children without disabilities participate; early intervention services will only occur in a setting other than a natural environment when the intervention cannot be achieved satisfactorily in a natural environment.
Legal Reference: 92 NAC 51-008.01 through 008.01I; 92 NAC 52-003.06A8 and 003.18 and 007.06
Infants, toddlers, and children with disabilities and their parents shall be afforded the required procedural safeguards.
Legal Reference: 92 NAC 51-009.01 through 009.07; 009.10 through 009.12; 009.14, 006.07 and 016.01 through 016.07C; 92 NAC 52-009.01 through 009.08; 003.06B13
Children with disabilities shall be evaluated and identified in accordance with 92 NAC 51‘006. All of the District’s evaluation obligations under 92 NAC 51‘006 shall be met within all district schools regardless of a pandemic or other similar circumstances, absent a waiver. The District will respond to a request for an Independent Educational Evaluation without unnecessary delay. Locations of any evaluator shall be within a reasonable distance of the District. A reasonable distance means within 200 miles of the school building the child attends. The District will provide the parent(s) with a list of qualified agencies/evaluators within the geographic area. The evaluators are to have their rates approved by the Nebraska Department of Education to be authorized to conduct the evaluation.
Infants and toddlers with disabilities shall be evaluated and identified in accordance with 92 NAC 52-006.
Legal Reference: 92 NAC 51-006; 92 NAC 52-006.
The confidentiality of infant, toddler, and student records and information shall be maintained in accordance with law.
Legal Reference: 92 NAC 51-003.16, 003.20, 009.03 through 009.03M3; 92 NAC 52‘009.01
Children participating in early intervention programs under Part C of the IDEA (early intervention services) and who will participate in preschool programs assisted under Part B of the IDEA (services for school-aged children) shall experience a smooth and effective transition to those preschool programs in a manner consistent with 92 NAC 52‘008. The District will participate in transition planning conferences arranged by the designated lead agency.
Legal Reference: 92 NAC 52-008
To the extent consistent with the number and location of children with disabilities in the District who are enrolled by their parents in nonpublic elementary and secondary schools in the District, provision will be made for the participation of those children in the programs assisted or carried out under Part B of the IDEA (services for school-aged children) by providing them with special education and related services.
Legal Reference: 92 NAC 51-012.08 and 015
Personnel providing special education or related services to infants, toddlers, and children with disabilities shall be appropriately and adequately prepared and trained in accordance with IDEA requirements and the District will take measurable steps to recruit, hire, train and retain personnel meeting the requirements of IDEA to provide such services.
Legal Reference: 92 NAC 51-010; 92 NAC 52-010
All children with disabilities shall be included in all general state and district-wide assessment programs, including assessments described under section 612(a)(16)(A) of the IDEA with appropriate accommodations and alternate assessments where necessary and as indicated in their respective individualized education programs. The District will make available to the Nebraska Department of Education the information necessary to carry out its duties relating to the reporting of children with disabilities participation in assessments.
Legal Reference: 92 NAC 51-004.05
The District will examine data, including data disaggregated by race and ethnicity, to determine if significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities.
Legal Reference: 92 NAC 51-004.06E
In the event the District chooses to coordinate with the National Instructional Materials Access Center (NIMAC) when purchasing print instructional materials, the District will enter into a written contract with the publisher of the print instructional materials to:
a. Require the publisher to prepare and, on or before delivery of the print instructional materials, provide to the National Instructional Material Access Center, electronic files containing the contents of the print instructional materials using the National Instructional Materials Accessibility Standard, or
b. Purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats.
Legal Reference: 92 NAC 51-004.15
Procedures shall be in place to ensure that testing and evaluation materials and procedures utilized for the evaluation and placement of infants, toddlers, and children with disabilities will be selected and administered so as not to be racially or culturally discriminatory. Such materials or procedures shall be provided and administered in the child’s native language or mode of communication, unless it is clearly not feasible to do so, and no single procedure shall be the sole criterion for determining an appropriate educational program for a child.
Legal Reference: 92 NAC 51-003.10; 006.02C; 92 NAC 52-006.05C
Children shall not be required to obtain a prescription for a controlled substance nor will they be required to take a medication as a condition of attending school, receiving an evaluation to determine whether a child has a disability or the nature and extent of special education and related services the child needs or receiving special education services.
Legal Reference: 92 NAC 51-004.11D; 21 U.S.C. §812(c)
Transportation will be provided for infants, toddlers, and children with disabilities who are eligible for transportation and residents of the School District as required by law.
Legal Reference: 92 NAC 51-014.01 through 014.02; 92 NAC 52-012
A surrogate will be appointed and other action taken to ensure the rights of infants, toddlers, and children with disabilities as required by law.
Legal Reference: 92 NAC 51-009.10; 92 NAC 52-009.04
When a parent refuses to consent under 92 NAC 52, a meeting will be held or offered to explain to the parents how their failure to consent affects the ability of their child to receive services under 92 NAC 52.
Legal Reference: 92 NAC 52
It is the policy of Lincoln Public Schools to comply with all aspects of Nebraska Department of Education Policies Rule 51 and Rule 52 when working with infants, toddlers, and children with disabilities.
Legal Reference: 92 NAC 51; 92 NAC 52