A continuous appraisal shall be made in an attempt to determine the number of children who would benefit from special education. The Corporation shall provide special education as mandated by state and federal statute that are warranted by the needs of the school population. The Corporation is committed to collaborating with parents of students with disabilities to ensure they are educated consistent with applicable federal and state law.
Least Restrictive Environment
The Corporation shall ensure to the maximum extent appropriate that students with disabilities are educated with nondisabled students and that students are removed from the general education environment only when the nature and severity of the disability is such that education in general education classes using supplementary aids and services cannot be satisfactorily achieved. The Corporation shall ensure that a continuum of services is provided in order to meet the individual needs of students with disabilities, including supplementary services to be provided in conjunction with general education placement. In selecting the least restrictive environment, consideration shall be given to any potential harmful effect on the student or quality of services needed.
The student’s case conference committee shall determine the placement in which a student will receive services, to be delivered in the least restrictive environment regardless of the identified disability.
The Corporation shall take reasonable measures to see that students with disabilities are in classes and buildings with their chronological peers unless an alternative is determined appropriate by the student’s case conference committee, as documented in the appropriate written notice. Students with disabilities shall not be removed from education in age-appropriate general education classes solely because of needed modifications in the general curriculum.
In addition, the Corporation shall take reasonable measures to see that a student with a disability has an equal opportunity to participate with nondisabled students in nonacademic and extracurricular services and activities to the maximum extent possible.
Special Education Transition Services
The Corporation shall take reasonable measures to see that children participating in early intervention programs under Part C of the of the Individuals with Disabilities Education Act (IDEA) experience a smooth and effective transition to early childhood special education under Part B of IDEA.
Article 7
Evaluations shall be conducted in compliance with the requirements of 511 I.A.C. 7-40-5, including, but not limited to, the requirement to ensure English learners are not mistakenly identified as a student in need of special education services as defined by Article 7 due to their language barriers.
Discipline for special education students is subject to the requirements of 20 U.S.C. 1415 et seq.
and 511 I.A.C. 7-1-1 et seq.
511 I.A.C. 7-40-5(g)(2)(B)(vi)
511 I.A.C. 7-40-6(b)(1)(C)
511 I.A.C. 7-42-10
511 I.A.C. 7-43-2
20 U.S.C. 1400 et. seq.
20 U.S.C. 1415(d)
34 C.F.R. 300.504
Delaware Community School Corporation
Adopted: 3/07/2022
Revised: