Reed City Area Public Schools - Special Education Policies

Reed City Area

Public Schools

Special Education Policies &

Procedures Manual

Table of contents

Introduction

I. Vision and Mission of Reed City Area Public Schools Special

Education

a. Purpose of Special Education

b. School District Bylaws & Policies

c. Student Handbook

d. Student Services Organizational Chart

II. Federal and State rules regarding special education

a. IDEA

b. MARSE

c. MOISD

d. ADA

III. Multi-Tiered System of Support

a. Positive Behavior Intervention & Supports (PBIS)

b. Child Study Team

c. 504 Plans

IV. Child Find

a. Procedural Safeguards

b. Initial Evaluation (special education)

c. Re-evaluation (special education)

d. FAPE

V. Programs and/or Related Service Provision

VI. Transportation

a. How determined

b. Requesting provision of

VII. Emergency protocols

Seclusion Restraint Documents

a. State law governing use of Emergency Restraint & Seclusion

b. District practices

Therapeutic Crisis Intervention for Schools (TCIS) Safety Plan

VIII. Discipline rights and procedures

Discipline Procedures

a. Manifestation Determination Review (MDR)

IX. ABA Observation requests

X. Homebound and Hospital Bound

Requesting procedure

XI. Parent Concerns/Due Process

XII. Ensuring Compliance of both the IDEA & MARSE

XIII. Summary Statement

Glossary of Terms

Introduction:

The Student Services Department of Reed City Area Public Schools provides

support and resources to students with disabilities. Our district follows the federal

and state mandates in accordance with the IDEA & MARSE. As a result, we are

committed to ensuring that:

“Students with (1) handicapping conditions and (2) in need of special education must be

provided programs and services according to state and federal mandatory special

education laws. While the federal law (P.L. 94-142, 1975) mandates services from age

3 through 21, Michigan law (P.A. 451, 1976) mandates services from birth through age

26. Local school districts are ultimately responsible for the provision of programs and

services to resident students.”

I. Vision and Mission Statement

Vision Statement

Every Student, Every Day, Commit, Succeed, and Lead.

Mission Statement

The mission of Reed City Area Public Schools

is to provide high quality educational opportunities

that encourage all to reach their highest potential

and nurture talents in an environment that connects

students, school, and community.

A. Purpose of Special Education

This policy and procedural manual has three purposes. First, to provide

interested individuals with a detailed description of the programs and services

offered to the students of Reed City Area Public Schools, including a complete

program  directory. Secondly, to provide specific information about some of the

unique and  innovative features of our programs and services. Lastly, we want to

make  available various guidelines and documentation related to the provision of

programs.

Reed City Area Public Schools operates “District” and satellite programs and

services. These are defined as follows: District: Those programs and services

that serve primarily Reed City Area Public Schools resident students. Students

from other districts may attend the MOISD resource room located at GTN

Elementary School.

Throughout this manual is information regarding the federal and state mandates

(IDEA & MARSE) requiring the provision of special education programs and

services for public school resident students. Details about how and when

requests for special education eligibility evaluations can occur is included.

Lastly,  the manual provides instruction for navigating concerns or seeking

guidance on  special education matters.

B. School District Bylaws and Policies

Reed City Area Public Schools Bylaws & Policies

C. Student Handbook

Reed City High School

Reed City Middle School

GT Norman Elementary School

D. Student Services Organizational Chart

Student Services’ Organizational Chart

Special Education Supervisor

Special Education Teachers

MOISD Itinerant Staff:

Resource Teacher

Teacher Consultant,

Speech & Language Pathologists

School Psychologists

School Social Workers

Occupational Therapists

Physical Therapists

Vision Consultant

DHH Consultant

Orientation & Mobility Consultant

II. Federal and State rules regarding special education

A. What is the IDEA?

The Individuals with Disabilities Act (IDEA) ensures that all children with

disabilities are entitled to a free and appropriate education to meet their unique

learning needs and prepare them for further education, employment, and

independent living. IDEA has four parts. Each is described below. Parts B & C

outline specific guidance for students ages birth through age 21.

*Please note that Michigan extends the continuum of special education through

age 26 for eligible students as defined through the MARSE (Michigan

Administrative Rules for Special Education).

Part A

Part A of IDEA lays out the basic foundation for the rest of the Act. This section

defines the terms used within the Act as well as providing for the creation of the

Office of Special Education Programs, which is responsible for administering and

carrying out the terms of IDEA (IDEA, 1997).

Part B

Part B of IDEA is the section which lays out the educational guidelines for school

children 3-21 years of age. By law, states are required to educate students with

disabilities (Martin, Martin, & Terman, 1996). IDEA provides financial support for

state and local school districts. However to receive funding, school districts must

comply with six main principles set out by IDEA:

● Every child is entitled to a free and appropriate public education (FAPE).

● When a school professional believes that a student between the ages of 3

and 21 may have a disability that has substantial impact on the student's

learning or behavior, the student is entitled to an evaluation in all areas

related to the suspected disability.

● Creation of an Individualized Education Program (IEP). The purpose of the

IEP is to lay out a series of specific actions and steps through which

educational providers, parents and the student themselves may reach the

child's stated goals.

● That the education and services for children with disabilities must be provided

in the least restrictive environment, and if possible, those children be placed

in a "typical" education setting with non-disabled students.

● Input of the child and their parents must be taken into account in the

education process.

● When a parent feels that an IEP is inappropriate for their child, or that their

child is not receiving needed services, they have the right under IDEA to

challenge their child's treatment (due process). (DREDF, 2008; Kastiyannis,

Yell, Bradley, 2001; Turnbull, Huerta, & Stowe, 2004).

Part C

Part C of IDEA recognizes the need for identifying and reaching very young

children with disabilities. This portion of IDEA provides guidelines concerning the

funding and services to be provided to children from birth through 2 years of age.

Families are entitled to several services through part C of IDEA (IDEA, 1997).

● Every family is entitled to appropriate, timely, and multidisciplinary

identification and intervention services for their very young child. These

services must be made available to all families with infants and

toddlers.

● Families are required to receive an Individualized Family Service Plan (IFSP).

This plan lays out the priorities, resources and concerns of the family. In addition

it describes the goals of the child, the services to be provided to the child, and

steps for eventual transitioning of the child into formal education.

● Families have a right to participate in the creation of the IFSP, and must give

consent prior to the initiation of intervention services.

● Lastly, parents are entitled to timely resolution of all conflicts or complaints

regarding the evaluation or services provided to their child.” (apa.org)

Please visit the Mecosta/Osceola Intermediate School District website for

additional information about birth to three evaluations and services as well as

preschool services.

Early On- Programs/services

Early Childhood Programs

B. MARSE

The Michigan Administrative Rules for Special Education (MARSE) provides information

regarding how Michigan implements compliance of IDEA.

The Michigan Administrative Rules for Special Education can be found at

https://www.michigan.gov/documents/mde/MARSE_Supplemented_with_IDEA_Regs_

379598_7.pdf

Mecosta/Osceola Intermediate School District (MOISD)

The MOISD serves as the county hub for oversight of special education services &

programs provided through local school districts within Mecosta/Osceola County.

Whereas Reed City Area Public Schools provides programs and services for students

aged 3 through 12th grade, the MOISD assumes primary responsibility for child find

activities and outreach for preschool children. The same is true for students aged 20-26

who are deemed eligible for the continuation of special education support. The MOISD

Special Education Director will be responsible for coordinating child find activities and

outreach. All local school districts also assume responsibility for the special education

referral process and local public awareness activities. MOISD staff will promote public

awareness of disabilities, the available special education programs/services and

establish cooperative liaisons with other agencies and professionals who may be

potential referral sources.

The Americans with Disabilities Act (ADA)

became law in 1990. The ADA is a civil rights law that prohibits discrimination against

individuals with disabilities in all areas of public life, including jobs, schools,

transportation, and all public and private places that are open to the general public. The

purpose of the law is to make sure that people with disabilities have the same rights and

opportunities as everyone else. The ADA gives civil rights protections to individuals with

disabilities similar to those provided to individuals on the basis of race, color, sex,

national origin, age, and religion. It guarantees equal opportunity for individuals with

disabilities in public accommodations, employment, transportation, state and local

government services, and telecommunications. The ADA is divided into five titles (or

sections) that relate to different areas of public life.

In 2008, the Americans with Disabilities Act Amendments Act (ADAAA) was signed into

law and became effective on January 1, 2009. The ADAAA made a number of

significant changes to the definition of “disability.” The changes in the definition of

disability in the ADAAA apply to all titles of the ADA, including Title I (employment

practices of private employers with 15 or more employees, state and local governments,

employment agencies, labor unions, agents of the employer and joint management

labor committees); Title II (programs and activities of state and local government

entities); and Title III (private entities that are considered places of public

accommodation). (https://adata.org)

III. Multi-Tiered Systems of Support

When students are struggling, staff or parents may wish to engage in general education

support and interventions prior to moving toward a special education evaluation. This

problem solving approach uses guidance and consultation to support students

struggling with academic, social emotional, or behavioral needs. Reed City Area Public

Schools uses two main strategies to ensure strong student outcomes. These are the

PBIS system and the Child Study Team model.

Positive Behavior Interventions & Supports (PBIS) Reed City

Area Public Schools works to provide a positive school climate for all learners. RCAPS

implements the following strategies to help achieve this goal:

Continuum of behavior supports:

Universal prevention for ALL students

Targeted intervention for SOME students

Intensive intervention for FEW students

Big Ideas to improve behavior:

Specify appropriate behavior

Teach appropriate behavior

Monitor behavior

Encourage appropriate behavior

Correct inappropriate behavior

Use data for decision making

Through curriculum taught and modeled by staff, students learn the rules for achieving

both academic and behavioral success within the school environment. Most students

need only guiding principles for expectations. Some students require additional time

and reminders to achieve understanding. A small number of students do require more

intensive support to assist with this process. Reed City Area Public Schools works with

you and your student at whichever level is necessary to achieve success.

Child Study Team

The Child Study Team focuses on a collaboration model. Students who are struggling

at school are recommended to the building level Child Study Team for review and

discussion. A meeting is then held which allows team members to provide input

toward a problem-solving process.The goal of this process is to help students be

successful within the least restrictive environment possible. Each team is comprised of

teaching and diagnostic professionals who recommend strategies and/or

interventions. These individuals and additional team members then help monitor

implementation and effectiveness of recommendations.

Core team members typically include:

● School Psychologist

● Referring Teacher

● Building Administrator

● School Social Worker, Occupational Therapist, or Speech Pathologist

● Behavioral, reading, or math interventionist

Students who are referred to the Child Study Team for academic, behavioral, or

social-emotional needs typically go through a 6-9 week cycle of intervention. The

success of the intervention is closely monitored with data being brought back to the

intervention team at the end of the trial cycle. Interventions are often successful and

adopted by the teaching team moving forward. When interventions are not successful,

the Child Study team members will recommend next steps such as fidelity checks or

new trial strategies. At times, the Child Study Team members may decide that

additional supports should be explored.

If your student already has a medical diagnosis or a suspected diagnosis then exploring

a 504 plan may be your next step.

504 Plans

A 504 plan is not special education. 504 plans are general education tools that

recognize your student’s disability status, afford protection under certain circumstances,

and ensure access to identified areas of needed accommodation. A 504 plan is a

document that lists a qualifying student’s school based accommodations. Some

examples of possible accommodations include extended time on tests or alternative

setting for test taking.

A 504 plan is different from an IEP. In order to qualify for an IEP, a student must meet

the eligibility criteria for one of the 13 categories under IDEA/MARSE. A 504 plan is

available to a student who has a physical or mental impairment which substantially

limits one or more major life activities; has a record of such an impairment; or is

regarded as having such an impairment.

Parents interested in learning more about Section 504 plans should contact their child’s

guidance counselor, building administrator, or designated 504 representative.

(Michigan Alliance For Families)

Reed City Area Public Schools’ commitment

to Special Education:

IV. Child Find

Reed City Area Public Schools is responsible for executing “Child Find”. This means

that RCAPS is responsible for informing the community that specially designed

instruction (special education) is available to school aged children residing within the

public school system’s boundaries who meet state and federal eligibility criteria as a

student with a disability. Children who meet eligibility criteria under medical or clinical

models, however, do not always meet school based eligibility requirements for this level

of program and service provision.

The Mecosta/Osceola Intermediate Schools District’s (MOISD) local plan for special

education program and service provision at Reed City Area Public Schools, including

deviations, can be found at www.moisd.org.

Who is considered an eligible student?

MARSE R 340.1702 (Rule 2) "Student with a disability" means a person who has been

evaluated according to the individuals with disabilities education act and these rules,

and is determined by an individualized education program team, an individualized family

service plan team, or an administrative law judge to have 1 or more of the impairments

specified in this part that necessitates special education or related services, or both,

who is not more than 25 years of age as of September 1 of the school year of

enrollment, and who has not graduated from high school. A student who reaches

Michigan Administrative Rules for Special Education With Related IDEA Federal

Regulations 27 the age of 26 years after September 1 is a "student with a disability" and

entitled to continue a special education program or service until the end of that school

year.

MARSE identifies the following disability categories for school based teams to

consider:

● Early Childhood Developmental Delay

● Cognitive Impairment

● Emotional Impairment

● Hearing Impairment

● Visual Impairment

● Physical Impairment

● Other Health Impairment

● Speech & Language Impairment

● Specific Learning Disability

● Severe Multiple Impairment

● Autism Spectrum Disorder

● Traumatic Brain Injury

● Deaf-blindness

Definitions for each of the above categories can be found at:

MARSE

Procedural Safeguards:

A copy of procedural safeguards, the legal rights afforded to students and their

families/guardians before/during/after an evaluation process, is provided in Spanish &

English via links below. These safeguards are also offered at the beginning of each

initial and re-evaluation cycle for consideration of eligibility for special education

programs and services. Please refer to one of the following manuals for additional

information:

Procedural Safeguards

Initial Evaluation requests:

Within the school setting, there are a variety of supports and resources available to

students prior to exploring a special education evaluation. Parents/guardians are

always encouraged to discuss student performance concerns with their child’s teacher

first.

As mentioned previously, The Student Collaboration Team (SCT) process allows

teachers or parents/guardians to request a review for students who are not achieving

academic, social, or behavior success. 504 plans are an additional layer of general

education support available to students with a disability. Students who continue to

struggle despite these supports are frequently considered for special education testing.

A referral for a special education evaluation can be made by a parent, guardian, general

education teacher, or a Reed City Area Public Schools staff member who has regular

contact with the student. Community based provider requests (i.e. pediatrician,

psychologist, ABA therapist, caseworker) must be made through the parent or guardian.

All student referrals require an accompanying written request from the parent or

guardian. Written requests can be submitted in the parent’s language of preference and

are not required to be translated to English. Written requests will need to be submitted to

the building administrator.

When submitting requests for initial evaluations, it is helpful to include recent or

historical testing results from community providers. Procedures for identifying potential

school age special education students may also include review of existing school

records and interagency collaboration for referral of student dropouts.

Evaluation Process

Once a written parental consent is received and processed, parents/guardians can

expect coordination of their child’s special education evaluation in the following

manner:

● An initial contact by an evaluative team member who will provide introductions

and request background information and history on your child.

● A formal REED meeting that will review existing information and establish a

plan for what will be included in the evaluation.

● If appropriate, an approximate 30 day timeframe in which your child will be

observed within the school setting and provided individualized

assessment as outlined on the REED document. The evaluation will also

include a review of school based records, parent and teacher interviews.

● At times, an evaluation team may request a 30 day extension to the original

timeline. Additional consent is required when making this amendment.

● A contact at the end of the evaluative process with updates and an invitation to

a formal IEP meeting where final decisions regarding eligibility will occur.

Throughout the evaluation process, school based assessment, home reported, and

community provider report information are considered when determining eligibility or

programs/related services. Medical or Clinical diagnosis do not guarantee that a

student will meet eligibility requirements. Special education eligibility is about ensuring

access or progress within the school setting as opposed to verification of diagnoses.

Similarly recommendations by physicians or other community based professionals for

particular programs, accommodations or related services, may or may not meet criteria

for such provision.

The following is a summary of some of the MARSE rules governing evaluations:

Response timeline for initial evaluation requests -

R340. 1721 (Rule 21) “Within 10 school days of receipt of a written request for an

initial evaluation of a student suspected of having a disability, and before any formal

evaluation designed to determine eligibility for special education programs and services,

the public agency shall provide the parent with written notice consistent with 34 CFR §

300.503 and, when necessary shall request written consent to evaluate.”

Timeline for the completion of an initial evaluation -

(1) (i) Must be conducted within 60 days of receiving parental consent for the

evaluation; or (ii) If the State establishes a timeframe within which the evaluation

must be conducted, within that time frame; and

(2) Must consist of procedures— (i) To determine if the child is a child with a

disability under § 300.8; and (ii) To determine the educational needs of the child.

(d) Exception. The time frame described in paragraph (c)(1) of this section does not

apply to a public agency if— Michigan Administrative Rules for Special Education

With Related IDEA Federal Regulations 56

(1) The parent of a child repeatedly fails or refuses to produce the child for

the evaluation; or

(2) A child enrolls in a school of another public agency after the relevant time frame in

paragraph (c)(1) of this section has begun, and prior to a determination by the child’s

previous public agency as to whether the child is a child with a disability under §

300.8.

(e) The exception in paragraph (d)(2) of this section applies only if the subsequent

public agency is making sufficient progress to ensure a prompt completion of the

evaluation, and the parent and subsequent public agency agree to a specific time

when the evaluation will be completed. (Authority: 20 U.S.C. 1414(a))

Requirement for parental consent prior to initial evaluations -

300.300 Parental consent. (a) Parental consent for initial evaluation. (1) (i) The public

agency proposing to conduct an initial evaluation to determine if a child qualifies as a

child with a disability under 300.8 must, after providing notice consistent with 300.503

and 300.504, obtain informed consent, consistent with 300.9, from the parent of the

child before conducting the evaluation. (ii) Parental consent for initial evaluation must

not be construed as consent for initial provision of special education and related

services. (iii) The public agency must make reasonable efforts to obtain the informed

consent from the parent for an initial evaluation to determine whether the child is a

child with a disability.

MOISD Initial Evaluation Checklist

Re-evaluations:

Students will receive a new evaluation every three years once deemed eligible. This is

to ensure that special education programs and services are still needed and to have

current information regarding needs on each child. RCAPS is responsible for tracking

this timeline. When your student is due for an evaluation, a team member from their

assigned school or program will contact you. Parents may, however, contact their

student’s special education case manager if the need for an evaluation arises prior to

this 3 year deadline.

Timeline and requirements for subsequent re-evaluations -

300.303 (a) General. A public agency must ensure that a reevaluation of each child

with a disability is conducted in accordance with 300.304 through 300.311— (1) If

the public agency determines that the educational or related services needs,

including improved academic achievement and functional performance, of the child

warrant a reevaluation; or

(2) If the child’s parent or teacher requests a reevaluation. (b) Limitation.

A reevaluation conducted under paragraph (a) of this section—

(1) May occur not more than once a year, unless the parent and the public

agency agree otherwise; and

(2) Must occur at least once every 3 years, unless the parent and the public

agency agree that a reevaluation is unnecessary. (Authority: 20 U.S.C. 1414(a)(2))

Requirement for parental consent prior to re-evaluations -

each public agency— (i) Must obtain informed parental consent, in accordance with §

300.300(a)(1), prior to conducting any reevaluation of a child with a disability. (ii) If the

parent refuses to consent to the reevaluation, the public agency may, but is not required

to, pursue the reevaluation by using the consent override procedures described in

paragraph (a)(3) of this section. Michigan Administrative Rules for Special Education

With Related IDEA Federal Regulations 52 (iii) The public agency does not violate its

obligation under 300.111 and 300.301 through 300.311 if it declines to pursue the

evaluation or reevaluation.

Requirement for individual and comprehensive evaluation -

MARSE (Related IDEA Federal Regulations 300.15 Evaluation.) (a) General. Each

public agency must conduct a full and individual initial evaluation, in accordance with

300.305 and 300.306, before the initial provision of special education and related

services to a child with a disability under this part. (b) Request for initial evaluation.

Consistent with the consent requirements in 300.300, either a parent of a child or a

public agency may initiate a request for an initial evaluation to determine if the child is a

child with a disability.

MOISD Reevaluation Checklist

FAPE

Free Appropriate Public Education (FAPE) is an educational right of All children in the

United States that is guaranteed by the Rehabilitation Act of 1973 and the Individuals

with Disabilities Education Act (IDEA).

The written offer of a free and appropriate public education (FAPE) is a formal offer

made by Reed City Area Public Schools (LEA) of educational placement, including

supplemental aids and services. The FAPE statement offered to you at the end of an

IEP meeting, serves the requirements outlined in IDEA for written prior notice.

V. PROGRAM AND/OR

RELATED SERVICE PROVISION

At the end of the evaluation process, a meeting will be held to determine if your child

meets eligibility requirements. If your child is found to be eligible, you along with the

school based team will devise a “program” for one calendar year. This serves as your

child’s IEP (Individualized Education Program). The IEP meeting agenda addresses:

● Present Level of Academic and Functional Performance

● Parent comments/concerns

● Recommendations for programs (what type of classroom)

● Recommendations for related service (what additional therapy support)

● Accommodations

● Modifications

● Need for special considerations under areas such areas as hearing, vision, and

behavior

● Extended School Year

● The percentage of time your child will be accessing special education versus

general education supports

Both the IEP document & the associated FAPE offer are Reed City Area Public

Schools’ assurances that appropriate program and related service considerations

have occured within the context of the IEP process & meeting. These formal

documents are your student’s detailed information regarding what, why, and how

specially designed instruction will occur.

300.320(a)(7) outlines that an IEP must include:

(7) The projected date for the beginning of the services and modifications described in

paragraph (a)(4) of this section, and the anticipated frequency, location, and duration of

those services and modifications.

In other words, your student’s IEP will include:

FREQUENCY – how many days per week and how many weeks per month the

programs and/or related services will happen

LENGTH – the number of minutes that each program or related service will take place

per session

LOCATION - where the program or service provision will occur (classroom or therapist

office)

TIMEFRAME – the start date and end date for when programs and or related services

will begin and end

Reed City Area Public Schools’ employees work in collaboration to ensure that

programs and services are provided to your student throughout the duration of their

current IEP. Both general education and special education employees are responsible

for this effort.

Documentation verifying provision of programs and or related service is maintained in

the form of: attendance records, therapy logs, and progress reports.

Our district offers specialized instruction in reading, writing, and mathematics. Related

services are offered in the areas of speech & language, social work, occupational &

physical therapy, as well as hearing and visual impairment.

VI. Transportation

How is special education busing determined?

During the IEP meeting, a discussion about the need for specialized bussing will occur.

Special Education Transportation is different than typical bussing available to your

student based upon how far you live from the school building. Special Education

transportation is designed to help with specific needs related to equipment (wheelchair

lift), access to programming (program resides at an alternative location), or additional

behavioral support. Every decision is made as part of an IEP team process to ensure

access and safety for your student.

The federal regulations for implementation of the Individuals with Disabilities Education

Act (IDEA) define Transportation as follows:

34 CFR 300.34 Related Services. (October 12, 2006)

“(16) Transportation includes –

(i) Travel to and from school and between schools;

(ii) Travel in and around school buildings; and

(iii) Specialized equipment (such as special or adapted buses, lifts, and ramps), if

required to provide special transportation for a child with a disability.”

34 CFR 300.107 Nonacademic services. (October 12, 2006)

“The State must ensure the following:

(a) Each public agency must take steps, including the provision of supplementary aids

and services determined appropriate and necessary by the child’s IEP Team, to provide

nonacademic and extracurricular services and activities in the manner necessary to

afford children with disabilities an equal opportunity for participation in those services

and activities.

(b) Nonacademic and extracurricular services and activities may include counseling

services, athletics, transportation, health services, recreational activities, special interest

groups or clubs sponsored by the public agency, referrals to agencies that provide

assistance to individuals with disabilities, and employment of students, including both

employment by the public agency and assistance in making outside employment

available.”

Requesting provision

Special education transportation is determined as part of the multi-disciplinary process

within the IEP meeting. Parents/guardians who are interested in special education

transportation should contact their student’s case manager in order to schedule an IEP

meeting. Special education transportation requests are typically related to ambulation,

program access, or student safety needs.

VII. EMERGENCY PROTOCOLS

Reed City Area Public Schools adheres to emergency practices as identified by MDE.

Staff members who participate in supporting during emergency situations have been

trained in accordance with Therapeutic Crisis Intervention (TCI) techniques.

The following links provide specific information regarding the restraint practices at

Reed City Area Public Schools.

State law governing use of Emergency Restraint & Seclusion

Michigan Policy for the Emergency Use of Seclusion &

Restraint

District practices

VIII. Discipline rights and procedures

The Reed City Area Public Schools Board of Education is committed to providing

students and staff with a safe learning environment free from substantial disruption.

Consistent with this commitment, the District may discipline students who engage in

misconduct, up to and including suspension or expulsion from school. The District will

take steps to effectively discipline students in a manner that minimizes out-of-school

suspensions and expulsions. The District will comply with applicable laws related to

student discipline, including the consideration of specific factors and possible use of

restorative practices.

This Policy applies to student conduct that occurs:

1. on District property;

2. at a school-sponsored or school-related event;

3. on a school bus or vehicle;

4. while traveling to or from school, including at a bus stop; and

5. at any other time or place if the conduct has a nexus to the school,

substantially disrupts the school environment, or as permitted by law.

The Superintendent or designee will develop, regularly update, and annually publish a

student code of conduct in all student handbooks. The student code of conduct must:

1. identify offenses that may result in discipline;

2. identify possible disciplinary consequences for each offense, which may, if

appropriate, include suspension or expulsion;

3. be consistent with applicable state and federal laws and Board Policies; and

4. include a copy of Policy 5206E entitled “Suspension from Class, Subject, or

Activity by Teacher.”

For purposes of this Policy:

1. “suspend” or “suspension” means a disciplinary removal from school for less

than 60 school days;

2. “expel” or “expulsion” means a disciplinary removal from school for 60 or more

school days;

3. “restorative practices” means practices that emphasize repairing the harm to

the victim and the school community caused by a student’s misconduct; and

4. “Mandatory 7 Factors” means the following:

a. the student’s age;

b. the student’s disciplinary history;

c. whether the student has a disability;

d. the seriousness of the behavior;

e. whether the behavior posed a safety risk;

f. whether restorative practices are a better option; and

g. whether lesser interventions would address the behavior.

Before suspending or expelling a student (except a student who possesses a firearm in

a weapon-free school zone), teachers, administrators, and the Board must first

determine whether restorative practices would better address the student’s misconduct,

recognizing the Board’s objective of minimizing out-of school suspensions and

expulsions. Likewise, teachers, administrators, and the Board must consider whether

restorative practices should be used in addition to the suspension or expulsion.

Restorative practices, which may include a victim offender conference, should be the

first consideration to remediate offenses such as interpersonal conflicts, bullying, verbal

and physical conflicts, theft, damage to property, class disruption, harassment, and

cyberbullying. All victim-offender conferences must be conducted consistent with state

and federal law and Policies. No student who claims to be the victim of unlawful

harassment may be compelled to meet with the alleged perpetrator of the harassment

as part of a restorative practice.

Under Michigan law, a suspension of 10 or fewer school days is presumed to be

reasonable. A suspension of more than 10 school days or an expulsion is, in most

circumstances, presumed not to be justified. Before imposing a suspension or an

expulsion, administrators or the Board must consider the Mandatory 7 Factors.

1. Building Administrators –

10 or fewer days The Board delegates to all building administrators the authority

to suspend a student for up to 10 school days consistent with the student code of

conduct.

A building administrator may also suspend a student for up to 10 school days

pending further investigation and possible further disciplinary consequences,

including a longer-term suspension or expulsion.

Before exercising this authority, the building administrator must consider the

Mandatory 7 Factors. Additionally, before suspending a student for any length of

time, the building administrator must provide the student due process as

described in Policy 5206A. If the student is a student with a disability, the

student’s discipline is also subject to Policy 5206B.

2. Superintendent – Less than 60 school days

The Board delegates to the Superintendent the authority to suspend a student for

less than 60 school days consistent with the student code of conduct. Before

exercising this authority, the Superintendent must consider the Mandatory 7

Factors.

Any time the Superintendent finds that a suspension of more than 10 school

days is warranted, the Superintendent must base the rationale on the Mandatory

7 Factors and explain the rationale in writing.

Additionally, before suspending a student for any length of time, the

Superintendent must provide the student due process as described in Policy

5206A. If the student is a student with a disability, the student’s discipline is also

subject to Policy 5206B.

3. Board – Suspension or Expulsion

The Board may suspend or expel a student for an offense consistent with the

student code of conduct.

Before exercising this authority, the Board must consider the Mandatory 7

Factors.

Any time the Board finds that a suspension of more than 10 school days or

expulsion is warranted, the Board must base the rationale on the Mandatory 7

Factors and explain the rationale in writing.

Before exercising this authority, the Board must provide the student due process

as described in Policy 5206A. If the student is a student with a disability, the

student’s discipline is also subject to Policy 5206B.

Board Policy 5206

Date Adopted 12/14/20

Discipline Procedures

Manifestation Determination Review (MDR)

Prior to an expulsion hearing, after 10 days of suspension within a school year, or when

there is a documented pattern of removals,  Reed City Area Public Schools will conduct

a meeting for eligible students with disabilities to  determine whether the behavior

exhibited by the student that resulted in the disciplinary recommendation was a result of

the disability or a district failure to implement the student’s IEP (or 504 plan).

If the behavior in question is found to be a “manifestation” of the disability and/or the

result of a district failure to implement the IEP or 504 plan, then the student is returned

to their educational setting with no further disciplinary action. If, however, the behavior

is not found to be a manifestation or the result of a district implementation failure, then

general education disciplinary proceedings may continue.

IX. ABA Observation requests

RCAPS strives to develop and maintain good working relationships with parents and

their  representatives. Our core focus at Reed City Area Public Schools is maintaining

high quality instruction for  your child. Observations provide distraction and disruption to

the natural learning  environment. Special education and 504 students are also afforded

specific privacy and  protection rights under FERPA. For these reasons, Reed City does

not permit non school  staff to conduct observations on school grounds. As part of our

FAPE obligation, we are happy to have conversations with approved community

providers for both purposes of eligibility determination and program or service provision

considerations.

X. Homebound and Hospital Bound

Homebound and hospitalized services provide continuity of educational services for

pupils with medical conditions that prevent them from physically attending school during

the school year. The pupil’s inability to attend school due to a medical condition must be

certified by the pupil’s licensed attending physician. Homebound and hospitalized

services are designed to be a self-study program that allows pupils to maintain their

coursework and studies while they are unable to attend school. These services allow

the classroom teacher to work through the homebound and hospitalized teacher to help

distribute course materials, deliver instruction, and monitor pupil progress in the course.

Each district or intermediate district shall provide appropriate instructional services, as

determined by the district or intermediate district, to an enrolled pupil who is certified by

the pupil's attending physician as having a medical condition that requires the pupil to

be hospitalized or confined to his or her home during regular school hours and that is

expected to require the hospitalization or confinement for a period longer than five

school days.

The district or intermediate district may provide the services itself or may contract with

an intermediate district, a hospital, a treatment center, or another district to provide the

services. In choosing a provider for the instructional services, the district or intermediate

district shall consider which of those potential providers is best able to deliver the

appropriate instructional services. The district or intermediate district shall pay

reasonable costs as agreed upon between the district or intermediate district and the

provider for services provided to a pupil under this section.

The school is responsible for the delivery of all content of the homebound and

hospitalized instruction, the textbooks required for the course and related materials, as

well as course assignments and grading.

The school district is required to provide a minimum of two 45-minute instructional

periods per week for general education pupils; or, a minimum of two nonconsecutive 60-

minute instructional periods per week for pupils with an IEP. The two one-hour sessions

for a pupil with an IEP may be on the same day; however, there must be an adequate

break between the two sessions.

These periods of instruction are the minimum requirements. When a district determines

the amount of time for homebound and hospitalized services for a pupil with an IEP, the

school district must consider a pupil’s entitlement to a free appropriate public education

under federal regulations implementing the Individuals with Disabilities Education Act

(IDEA) at 34 CFR 300.17.

Homebound & Hospitalized Services/procedures

X. Parent Concerns/Due Process

MARSE R 340.1724f Due process complaints; procedures. Rule 24f

Reed City Area Public Schools strives for both individual student success and parent

satisfaction when it comes to the provision of special education programs and services.

Parents/guardians are encouraged to contact either the Director of Student Services or

the building level administrator first if concerns have not been addressed in a

satisfactory manner at the classroom or provider level. Parents/guardians may also

contact central administration at Reed City Area Public Schools or the Intermediate

School District. Mediation is an additional option for parents to consider in resolving

disputes. If concerns still remain after exercising these options, parents may wish to

contact the Michigan Department of Education (MDE) via the due process complaint

procedure below:

(1) This rule applies only to due process complaints filed on or after July 1, 2006.

(2) Due process complaints under this rule shall be administered by the department

of education.

(3) A parent, a public agency, or the department of education may initiate a hearing by

filing a written due process complaint with the department of education, office of special

education, and providing a copy of the complaint to the public agency or other party or

parties that are the subject of the due process complaint. A due process complaint shall

be all of the following:

(a) In writing.

(b) Signed by the complainant.

are the subject of the due process complaint have received a due process complaint

that meets the requirements of these rules and 34 CFR §300.508(a) and (b)(1) to (4).

(d) Delivered to the office of special education in the following manner: (i) By mail, by

facsimile, or in person. (ii) With a statement describing the facts of delivery to the party

or parties that are the subject of the due process complaint in the following manner: (A)

If by mail, to whom the complaint was addressed and the date it was mailed. (B) If by

facsimile, to whom the complaint was addressed, the date and time it was sent. (C) If in

person, the date and place the complaint was delivered and to whom it was given.

(4) Due process timelines begin when the office of special education and the other

party that is the subject of the due process complaint have received a due process

complaint that meets the requirements of these rules and 34 CFR §300.508.

(5) A hearing may be initiated on matters related to any of the

following: (a) Identification.

(b) Evaluation.

(d) Provision of a free appropriate public education.

(e) Provision of appropriate services under 34 CFR part 303 to the child or the child's

family. Michigan Administrative Rules for Special Education With Related IDEA Federal

Regulations 85

(f) Assignment of financial obligations for services under 34 CFR part 303 to

the parents.

(g) Determination that behavior was not a manifestation of the student's disability. (h)

Determination of an appropriate interim alternative educational setting by the

individualized education program team. (i) Placement in an interim alternative setting

for not more than 45 school days, because maintaining the current placement is

substantially likely to result in injury to the student or others.

(6) Upon receipt of a due process complaint that meets the requirements of these rules

and 34 CFR 300.508(a) and (b)(1) to (4), the department of education will refer the

complaint to the Michigan administrative hearing system which will appoint an

administrative law judge to conduct a hearing in accordance with the individuals with

disabilities education act, 20 U.S.C. §1401 et seq., 1976 PA 451, MCL 380.1701 et seq.

R 340.1883 to R 340.1885 and these rules.

(7) Any party who is aggrieved by the final decision in a hearing conducted under this

rule may appeal to a court of competent jurisdiction within 90 days after the mailing date

of the final decision.

(8) Unless otherwise specified in the administrative law judge's decision, the decision

shall be implemented by the public agency within 15 school days of the agency's receipt

of the decision.

(9) When required by an administrative law judge order and decision the public agency

shall submit proof of compliance to the department of education, office of special

education, documenting that the public agency has implemented the provisions of the

final decision.

Due Process Complaint Form

XI. ENSURING COMPLIANCE OF BOTH

THE IDEA & MARSE

Reed City Area Public Schools strives to achieve the highest level of compliance in all

activities.

Student monitoring occurs through both the ISD and MDE monitoring processes.

Catamaran is the online database system used to track activities/data related to IDEA &

MARSE for the Michigan Department of Education Offices of Special Education and

Early Childhood Development and Family Education. Catamaran is designed to support

districts and service areas in meeting their obligations of the IDEA, the MARSE, and

state identified priorities. Information uploaded into the Catamaran system is monitored

by local special education administration, ISD special education administration, and

finally MDE. Information about RCAPs compliance obligations and associated corrective

actions if found to be non-compliant are located at the following link:

MDE Corrective Action Process for Non-Compliance with the IDEA & MARSE

Staff members, both teaching and diagnostic, are evaluated annually through the 5D

evaluative tools. These tools review a staff member’s individual compliance activities as

members of the multidisciplinary team. Staff members are held accountable to our

school board policies and contractual agreements in addition to MARSE.

Our hope is that we meet or even exceed your expectations for your student’s education

needs. Parents or guardians who are dissatisfied with program or related service

provision are encouraged to contact the Building Principals.

Reed City High School (231) 832-2224

Reed City Middle school (231) 832-6174

GT Norman Elementary School (231) 832-5548

Additional options are available to you if speaking with the principal does not address

your concern. Please see options in the attached link:

MDE Special Education Problem Solving Process

Additional online resources regarding complaints & due process -

State Complaint Investigation Process

Special Education Due Process Hearing Decisions

Special Education Due Process Complaint Procedures

MARSE R 340.1854 Corrective action and proof of compliance. Rule 154 (1) The

public agency shall correct violations as directed by the department. (2) The

intermediate school district shall assist the public agency in monitoring the

progress of the corrective action.

(3) The public agency shall submit proof of compliance to the department and the

intermediate school district documenting that the violation is corrected within the

timeline specified in the corrective action.

Reed City Area Public Schools uses the following strategies to ensure compliance

on an on going basis:

1. Review of and timely response to any parent or guardian concerns

2. Works with MOISD to review and maintain compliance through audits of

identified areas noted on MDE’s Catamaran dashboard

3. Professional development through continuous school improvement activities

4. Annual review of appropriate professional certification or endorsement

5. Review of and timely response to any corrective action plans or corrective

actions indicated by MDE

6. District and building level systems for both staff and students concerns,

suggestions, and complaints

7. Parent representation on the county PAC (Parent Advisory Committee)

XII. SUMMARY STATEMENT

Reed City Area Public Schools provides a variety of academic, social

emotional, and behavior supports for your student. Within Student Services, we

support by ensuring individualization and monitoring of progress. Our team is

here to serve you and your child. Please feel free to contact building principals

with questions or comments.

Reed City High School (231) 832-2224

Reed City Middle school (231) 832-6174

GT Norman Elementary School (231) 832-5548

Glossary of Terms

504 Plan - Under Section 504, a student with a disability in the elementary and

secondary education context is defined as a person who: (1) has a physical or mental

impairment that substantially limits a major life activity; (2) has a record of such an

impairment; or (3) is regarded as having such an impairment. The determination of

whether a student has a physical or mental impairment that substantially limits a major

life activity (and therefore has a disability) must be made on a case by case basis. In

addition, when determining if someone meets the definition of a disability, the definition

must be understood to provide broad coverage of individuals. If a student is deemed

eligible then a “plan” is created in conjunction with parents or guardians that outlines

supports required by the student to achieve success in school.

Accommodations - Alterations to the classroom environment, format of the curriculum,

or resources to enable a student with a disability access to content or to assist in the

completion of an assignment. Accommodations do not alter the rigor of what is being

taught. A traditional grading scale is typically in effect. Some examples are: a sign

language interpreter, speech to text, large print, and extended time.

American with Disabilities Act (ADA) - became law in 1990. The ADA is a civil rights

law that prohibits discrimination against individuals with disabilities in all areas of public

life, including jobs, schools, transportation, and all public and private places that are

open to the general public. The purpose of the law is to make sure that people with

disabilities have the same rights and opportunities as everyone else. The ADA gives

civil rights protections to individuals with disabilities similar to those provided to

individuals on the basis of race, color, sex, national origin, age, and religion. It

guarantees equal opportunity for individuals with disabilities in public accommodations,

employment, transportation, state and local government services, and

telecommunications. The ADA is divided into five titles (or sections) that relate to

different areas of public life.

Autism Spectrum Disorder (ASD) - Autism, or autism spectrum disorder, is a lifelong

developmental disability that refers to a range of conditions characterized by

challenges with social skills, repetitive behaviors, speech and nonverbal

communication, as well as by unique strengths and differences. These characteristics

are usually present by age 3.

Categorical (teacher, classroom, program) - Programs specifically designed for low

incidence special education populations of students such as Deaf & Hard of Hearing,

Autism Spectrum Disorder, and Emotional Impairment. Teachers who oversee these

programs require additional training and endorsement through the state of Michigan.

Child Find - Is a legal requirement that Reed City Area Public Schools locate and offer

evaluation to all eligible students (birth through 26 years) who have disabilities and may

require special education programs & services.

Cognitive Impairment - (1) Cognitive impairment shall be manifested during the

developmental period and be determined through the demonstration of all of the

following behavioral characteristics: (a) Development at a rate at or below

approximately 2 standard deviations below the mean as determined through intellectual

assessment. (b) Scores approximately within the lowest 6 percentiles on a standardized

test in reading and arithmetic. This requirement will not apply if the student is not of an

age, grade, or mental age appropriate for formal or standardized achievement tests. (c)

Lack of development primarily in the cognitive domain. (d) Impairment of adaptive

behavior. (e) Adversely affects a student's educational performance. (2) A determination

of impairment shall be based upon a full and individual evaluation by a multidisciplinary

evaluation (MET) team, which shall include a psychologist.

Consultant (Behavior & Teacher) - A staff member who provides targeted expertise in

the defined area. MOISD has consultants in special education, literacy, mathematics,

and behavior.

Deaf Blindness - (1) Deaf-blindness means concomitant hearing impairment and visual

impairment, the combination of which causes severe communication and other

developmental and educational needs that cannot be accommodated in special

education programs without additional support to address the unique needs specific to

deaf-blindness. Deaf-blindness also means both of the following: (a) Documented

hearing and visual losses that, if considered individually, may not meet the requirements

for visual impairment or hearing impairment, but the combination of the losses affects

educational performance. (b) Such students function as if they have both a hearing and

visual loss, based upon responses to auditory and visual stimuli in the environment, or

during vision and hearing evaluations. (2) A determination of the disability shall be

based upon data provided by a multidisciplinary evaluation team which shall include

assessment data from all of the following: (a) Medical specialists such as any of the

following: Michigan Administrative Rules for Special Education With Related IDEA

Federal Regulations 48 (i) An ophthalmologist. (ii) An optometrist. (iii) An audiologist.

(iv) An otolaryngologist. (v) An otologist. (vi) A family physician or any other approved

physician as defined in 1978 PA 368, MCL 333.1101 et seq. (b) A teacher of students

with visual impairment. (c) A teacher of students with hearing impairment.

Deaf or Hard of Hearing - (1) The term "deaf or hard of hearing" refers to students with

any type or degree of hearing loss that interferes with development or adversely affects

educational performance. "Deafness" means a hearing loss that is so severe that the

student is impaired in processing linguistic information through hearing, with or without

amplification. The term "hard of hearing" refers to students who have permanent or

fluctuating hearing loss that is less severe than the hearing loss of students who are

deaf and that Michigan Administrative Rules for Special Education With Related IDEA

Federal Regulations 31 generally permits the use of the auditory channel as the primary

means of developing speech and language skills. (2) A determination of impairment

must be based upon a full and individual evaluation by a multidisciplinary evaluation

team, which shall include an audiologist and an otolaryngologist or otologist.

Early Childhood Developmental Delay - “Early childhood developmental

delay”means a child through 7 years of age whose primary delay cannot be

differentiated through existing criteria within R 340.1705 to R 340.1710 or R 340.1713 to

R 340.1716 and who manifests a delay in 1 or more areas of development equal to or

greater than 1/2 of the expected development. This definition does not preclude

identification of a child through existing criteria within R 340.1705 to R 340.1710 or R

340.1713 to R 340.1716.

(2) A determination of early childhood developmental delay shall be based upon a full

and individual evaluation by a multidisciplinary evaluation team.

Early On - Eligibility criteria for Early On fall under two categories: 1) developmental

delay, and 2) established conditions. Children are evaluated by a multidisciplinary team

using a comprehensive evaluation. Children are found eligible under developmental

delay if they have a delay of 20 percent or 1 standard deviation below the mean in one

or more developmental domains. A child is found eligible under established conditions

when there is documentation of the diagnosis provided by a health or mental health

care provider who is qualified to make the diagnosis. Early On must have clear written

evidence that matches one of the eligibility category definitions. Evidence may include

test scores, levels on developmental checklists, genetic reports, ophthalmology, or

audiology reports. Early On uses informed clinical opinion, in addition to the

documented evidence, when deciding if the identified conditions for the child and/or

family are associated with developmental concern and there is a need for

developmental, therapeutic, or educational intervention. If a child has an established

condition, he/she is eligible for Early On as long as that diagnosis is current.

Early On Michigan

Emergency Intervention Plan (EIP) - An emergency intervention plan is a

comprehensive document that provides an overview of the steps to be taken by school

staff if your student experiences a behavioral crisis. Each plan is unique to the student

and are typically covered with the parent in person at a formal meeting.

MOISD Emergency Intervention Plan

Emotional Impairment (EI) - (1) Emotional impairment shall be determined through

manifestation of behavioral problems primarily in the affective domain, over an extended

period of time, which adversely affect the student's education to the extent that the

student cannot profit from learning experiences without special education support. The

problems result in behaviors manifested by 1 or more of the following characteristics: (a)

Inability to build or maintain satisfactory interpersonal relationships within the school

environment. (b) Inappropriate types of behavior or feelings under normal

circumstances. (c) General pervasive mood of unhappiness or depression. (d)

Tendency to develop physical symptoms or fears associated with personal or school

problems. (2) Emotional impairment also includes students who, in addition to the

characteristics specified in subrule (1) of this rule, exhibit maladaptive behaviors related

to schizophrenia or similar disorders. The term "emotional impairment" does not include

persons who are socially maladjusted, unless it is determined that the persons have an

emotional impairment. (3) Emotional impairment does not include students whose

behaviors are primarily the result of intellectual, sensory, or health factors. (4) When

evaluating a student suspected of having an emotional impairment, the multidisciplinary

evaluation team report shall include documentation of all of the following: (a) The

student's performance in the educational setting and in other settings, such as adaptive

behavior within the broader community. (b) The systematic observation of the behaviors

of primary concern which interfere with educational and social needs. (c) The

intervention strategies used to improve the behaviors and the length of time the

strategies were utilized. (d) Relevant medical information, if any. (5) A determination of

impairment shall be based on data provided by a multidisciplinary evaluation team,

which shall include a full and individual evaluation by both of the following: Michigan

Administrative Rules for Special Education With Related IDEA Federal Regulations 30

(a) A psychologist or psychiatrist. (b) A school social worker.

MOISD EI Eligibility Guidelines 2020

MOISD EI Rubric 2020

Evaluation - Evaluation means procedures used in accordance with §§ 300.304

through 300.311 to determine whether a child has a disability and the nature and extent

of the special education and related services that the child needs.

Executive Functioning - The ability to combine mental control and self-regulation. It

refers to the “management” skills needed (in relation to self and resources) to

successfully achieve a goal.

FAPE - § 300.101 Free appropriate public education (FAPE). (a) General. A free

appropriate public education must be available to all children residing in the State

between the ages of 3 and 21, inclusive, including children with disabilities who have

been suspended or expelled from school, as provided for in § 300.530(d). (b) FAPE for

children beginning at age 3. (1) Each State must ensure that— (i) The obligation to

make FAPE available to each eligible child residing in the State begins no later than the

child’s third birthday; and (ii) An IEP or an IFSP is in effect for the child by that date, in

accordance with § 300.323(b). (2) If a child’s third birthday occurs during the summer,

the child’s IEP Team shall determine the date when services under the IEP or IFSP will

begin. (c) Children advancing from grade to grade. (1) Each State must ensure that

FAPE is available to any individual child with a disability who needs special education

and related services, even though the child has not failed or been retained in a course

or grade, and is advancing from grade to grade. (2) The determination that a child

described in paragraph (a) of this section is eligible under this part, must be made on an

individual basis by the group responsible within the child’s LEA for making eligibility

determinations.

Home Based - Home Based services are provided for students unable to attend

school due to disciplinary reasons. These services are typically provided at an

agreed upon location in the district and developed with from the IEP team.

Homebound/Hospitalized -(a) Homebound services shall be initiated within 15 school

days after verification, by a licensed physician, of a medical impairment which requires

the eligible special education student to be confined to the home. Such verification shall

indicate the anticipated duration of the required confinement. (b) Hospital service shall

be provided for eligible special education students who cannot attend school because of

hospitalization for a physical or medical impairment. These services shall be initiated

when determined medically feasible. (c) A special education teacher employed for

homebound or hospital services, or for a combination of these services, shall be

assigned not more than 12 students at any 1 time. (d) Students receiving homebound or

hospital services shall receive a minimum of 2 non consecutive hours of instruction per

week. Related services personnel may supplement, but not substitute for, the teacher’s

instruction. (e) The district in which the hospital is located shall make homebound and

hospital services available to eligible students. If the student is hospitalized outside of

the district of residence, the district of residence is responsible for delivering services or

for contracting with the operating district and making payment for the services. (f)

Homebound and hospitalized services shall not be substituted for special education

programs. Instead, the service provider shall endeavor, to the extent appropriate, to

present curricular experiences which are being provided in the program where the

student is currently enrolled.

IDEA - Individuals with Disabilities Education Act - Is a federal law that requires public

schools to serve the educational needs of eligible students with disabilities.

IEP - Individualized Education Program - (1) An individualized education program

shall be developed in accordance with 34 CFR part 300 and shall include all of the

following in writing: (a) A statement of measurable annual goals, including measurable

short-term objectives. (b) A statement documenting that extended school year services

were considered. (c) For children age 3 through 5, a statement of the child’s

socialization needs and ability to participate and progress in developmentally

appropriate activities.

Initial Evaluation - Within 10 school days of receipt of a written request for an initial

evaluation of a student suspected of having a disability, and before any formal

evaluation designed to determine eligibility for special education programs and services,

the public agency shall provide the parent with written notice consistent with 34 CFR §

300.503 and, when necessary shall request written consent to evaluate.

(a) Parental consent for initial evaluation. (1) (i) The public agency proposing to

conduct an initial evaluation to determine if a child qualifies as a child with a disability

under § 300.8 must, after providing notice consistent with §§ 300.503 and 300.504,

obtain informed consent, consistent with § 300.9, from the parent of the child before

conducting the evaluation.

Procedures for initial evaluation. The initial evaluation— (1) (i) Must be conducted within

60 days of receiving parental consent for the evaluation; or (ii) If the State establishes a

timeframe within which the evaluation must be conducted, within that time frame; and (2)

Must consist of procedures— (i) To determine if the child is a child with a disability

under § 300.8; and (ii) To determine the educational needs of the child. (d) Exception.

The time frame described in paragraph (c)(1) of this section does not apply to a public

agency if—(1) The parent of a child repeatedly fails or refuses to produce the child for

the evaluation; or (2) A child enrolls in a school of another public agency after the

relevant time frame in paragraph (c)(1) of this section has begun, and prior to a

determination by the child’s previous public agency as to whether the child is a child

with a disability under § 300.8. (e) The exception in paragraph (d)(2) of this section

applies only if the subsequent public agency is making sufficient progress to ensure a

prompt completion of the evaluation, and the parent and subsequent public agency

agree to a specific time when the evaluation will be completed.

LRE - Least Restrictive Environment - §300.114(a)(2) General LRE requirements (i)

Each public agency shall ensure— (ii) That to the maximum extent appropriate, children

with disabilities, including children in public or private institutions or other care facilities,

are educated with children who are nondisabled; and (2) That special classes, separate

schooling or other removal of children with disabilities from the regular educational

environment occurs only if 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.

Manifestation Determination Review (MDR) - IDEA’s discipline procedures require

that public schools hold a meeting to determine if the characteristics of a student’s

disability are related to the behavior involved in a school code of conduct violation. The

purpose of the meeting is to decide whether or not typical disciplinary procedures are

warranted. (MARSE, p. 159-161)

MARSE - Michigan Administrative Rules for Special Education - All public agencies

in the state, as those agencies are defined at 34 C.F.R. §300.33 of the regulations

implementing the individuals with disabilities education act, 20 U.S.C. chapter 33, §1400

et seq., shall comply with these rules; all provisions of the state's application for federal

funds under part B and part C of the individuals with disabilities education act, 20 U.S.C.

chapter 33, §1400 et seq.; the requirements of part B and part C of the individuals with

disabilities education act; and the regulations implementing the individuals with

disabilities education act, 34 C.F.R. part 300 and 34 C.F.R. part 303, which are adopted

by reference in these rules. Copies are available, at cost, from the Government Printing

Office, 732 North Capitol Street, NW, Washington, DC 20401-0001 or from the Center

for Educational Networking, 6412 Centurion Drive, Suite 130, Lansing, MI 48917 or toll

free at (888) 463-7656.

MARSE

Modifications - Changes in what the student is expected to learn. The changes are

made to provide a student to provide opportunities to provide a student opportunities to

participate meaningfully and productively along with other students in the classroom

and learning experiences. The alterations can include instructional level or performance

criteria.

Multi Tiered System of Support - “Provides high quality instruction and interventions

matched to student need, monitoring progress frequently to make decisions about

changes in instruction or goals, and applying child response data to important

educational decisions” (Batsche et al,. 2005).

MOISD - Mecosta-Osceola Intermediate School District - An Intermediate School

District  is a government agency usually organized at the county or multi-county level

that  assists local school districts in providing programs and services. Additionally, they

collect data for the state department of education. The Mecosta-Osceola Area ISD,

serving Mecosta and Osceola counties, is located at 15760 S. Bronson., Big Rapids, MI

49307.

MOISD Evaluation and IEP Resources

Occupational Therapist - Occupational therapy is the only profession that helps

people across the lifespan to do the things they want and need to do through the

therapeutic use of daily activities (occupations). Occupational therapy practitioners

enable people of all ages to live life to its fullest by helping them promote health, and

prevent—or live better with—injury, illness, or disability. Occupational therapy— (i)

Means services provided by a qualified occupational therapist; and (ii) Includes— (A)

Improving, developing, or restoring functions impaired or lost through illness, injury, or

deprivation; (B) Improving ability to perform tasks for independent functioning if

functions are impaired or lost; and (C) Preventing, through early intervention, initial or

further impairment or loss of function.

Other Health Impairment (OHI) - (1) "Other health impairment" means having limited

strength, vitality, or alertness, including a heightened alertness to environmental stimuli,

which results in limited alertness with respect to the educational environment and to

which both of the following provisions apply: (a) Is due to chronic or acute health

problems such as any of the following: (i) Asthma. (ii) Attention deficit disorder. (iii)

Attention deficit hyperactivity disorder. (iv) Diabetes. (v) Epilepsy. (vi) A heart condition.

(vii) Hemophilia. (viii) Lead poisoning. (ix) Leukemia. (x) Nephritis. (xi) Rheumatic fever.

(xii) Sickle cell anemia. (b) The impairment adversely affects a student's educational

performance. (2) A determination of disability shall be based upon a full and individual

evaluation by a multidisciplinary evaluation team, which shall include 1 of the following

persons: Michigan Administrative Rules for Special Education With Related IDEA

Federal Regulations 34 (a) An orthopedic surgeon. (b) An internist. (c) A neurologist. (d)

A pediatrician. (e) A family physician or any other approved physician as defined in

1978 PA 368, MCL 333.1101 et seq.

Parent Advisory Committee (PAC) - (1) A parent advisory committee shall be

appointed by each intermediate school district board. (a) The parent advisory committee

and its officers shall consist only of parents of students with disabilities with at least 1

parent from each constituent local school district and public school academy unless no

parent agrees to serve on the parent advisory committee to represent the constituent

local school district or public school academy. Michigan Administrative Rules for Special

Education With Related IDEA Federal Regulations 152 (b) Each constituent local school

district board of education and each public school academy board of directors shall

nominate at least 1 parent. (c) The intermediate school district board of education may

nominate additional members not to exceed 33 1/3% of the total parent advisory

committee membership. (2) The intermediate school district board of education shall

make every attempt to assure that all types of impairments and all identifiable

organizations of parents of students with disabilities within the intermediate school

district are represented on the parent advisory committee. (3) The intermediate school

district board of education may recommend operational procedures for parent advisory

committee review and adoption. (4) The intermediate school district shall secure or

allocate fiscal and staff resources to the parent advisory committee to make it efficient

and effective in operation. (5) The parent advisory committee is responsible for

determining and documenting, in writing, the organizational structure of the committee,

including all of the following: (a) Officers and their responsibilities. (b) Meeting times. (c)

Notice of meeting times. (d) Voting procedures. (e) Terms of office. (f) Related matters.

(6) The parent advisory committee shall participate in the development of the

intermediate school district's plan or any modification of the plan for the delivery of

special education programs and services as required by R 340.1833. (7) The parent

advisory committee may provide advisory input on any matters that the committee

deems appropriate to the improvement of special education services within the

intermediate school district.

Physical Impairment - (1) "Physical impairment" means severe orthopedic impairment

that adversely affects a student's educational performance. (2) A determination of

disability shall be based upon a full and individual evaluation by a multidisciplinary

evaluation team, which shall include assessment data from 1 of the following persons:

(a) An orthopedic surgeon. (b) An internist. (c) A neurologist. (d) A pediatrician. (e) A

family physician or any other approved physician as defined in 1978 PA 368, MCL

333.1101 et seq.

Physical Therapist - Physical therapists (PTs) are highly-educated, licensed health

care professionals who can help patients reduce pain and improve or restore mobility -

in many cases without expensive surgery and often reducing the need for long-term use

of prescription medications and their side effects.

Physical therapists can teach patients how to prevent or manage their condition so that

they will achieve long-term health benefits. PTs examine each individual and develop a

plan, using treatment techniques to promote the ability to move, reduce pain, restore

function, and prevent disability. In addition, PTs work with individuals to prevent the loss

of mobility before it occurs by developing fitness- and wellness-oriented programs for

healthier and more active lifestyles.

REED - Review of Existing Evaluation Data (REED) and Evaluation Plan is a document

that outlines both academic and home based history for a student being considered for

evaluation. The document serves as a template during the planning meeting between

staff and parent in regards to the background of the current need as well as the plan

moving forward for the evaluation itself. The REED also is used as the Notice document

in some processes.

Positive Behavior Intervention & Supports - Implementation framework for

maximizing the selection and use of evidence-based prevention and intervention

practices along a multi-tiered continuum that supports the academic, social, emotional,

and behavioral competence of all students.

Procedural Safeguards - The rights and protections available under Individuals with

Disabilities Education Act 2004 (IDEA). Procedural safeguards are the RIGHTS that

persons have that protect them in their interactions with federal, state, and local

governments.

Re-evaluation - Michigan special education rules require that students are evaluated

every 3 years after their initial eligibility determination. School officials will notify parents

when eligible students are due for re-determination of eligibility.

MOISD Re Evaluation Checklist

Resource Teacher - Special Education teacher who primarily focuses on specially

designed instruction in the area of academic learning and behavioral supports and

interventions.

Restraint - “Emergency physical restraint" is defined in MCL 380.1307h(d) as "a last

resort emergency safety intervention involving physical restraint that is necessitated by

an ongoing emergency situation and that provides an opportunity for the pupil to regain

self-control while maintaining the safety of the pupil and others.”

School Psychologist - "Psychologist" means an approved Michigan school

psychologist who is certified by the department or who is a fully licensed

psychologist.

School Social Worker - "School social worker" means a school social worker who is

approved by the department.

Emergency Seclusion - 1. “Seclusion” means the confinement of a pupil in a room or

other space from which the pupil is physically prevented from leaving. Seclusion does

not include the general confinement of pupils if that confinement is an integral part of an

emergency lockdown drill required under section 19(5) of the fire Michigan Department

of Education Page 9 prevention code, 1941 PA 207, MCL 29.19, or of another

emergency security procedure that is necessary to protect the safety of pupils.1.

“Emergency seclusion" is defined in MCL 380.1307h(e) as "a last resort emergency

safety intervention involving seclusion that is necessitated by an ongoing emergency

situation and that provides an opportunity for the pupil to regain self-control while

maintaining the safety of the pupil and others.” 2. “To qualify as emergency seclusion,

there must be continuous observation by school personnel of the pupil in seclusion, and

the room or area used for confinement must comply with state and local fire and

building codes; must not be locked; must not prevent the pupil from exiting the area if

school personnel become incapacitated or leave that area; and must provide for

adequate space, lighting, ventilation, viewing, and the safety and dignity of the pupil and

others, in accordance with department guidelines.”

Severe Multiple Impairment - (1) Students with severe multiple impairments shall be

determined through the manifestation of either of the following: (a) Development at a

rate of 2 to 3 standard deviations below the mean and 2 or more of the following

conditions: Michigan Administrative Rules for Special Education With Related IDEA

Federal Regulations 43 (i) A hearing impairment so severe that the auditory channel is

not the primary means of developing speech and language skills. (ii) A visual

impairment so severe that the visual channel is not sufficient to guide independent

mobility. (iii) A physical impairment so severe that activities of daily living cannot be

achieved without assistance. (iv) A health impairment so severe that the student is

medically at risk. (b) Development at a rate of 3 or more standard deviations below the

mean or students for whom evaluation instruments do not provide a valid measure of

cognitive ability and 1 or more of the following conditions: (i) A hearing impairment so

severe that the auditory channel is not the primary means of developing speech and

language skills. (ii) A visual impairment so severe that the visual channel is not sufficient

to guide independent mobility. (iii) A physical impairment so severe that activities of

daily living cannot be achieved without assistance. (iv) A health impairment so severe

that the student is medically at risk. (2) A determination of impairment shall be based

upon a full and individual evaluation by a multidisciplinary evaluation team, which shall

include a psychologist and, depending upon the disabilities in the physical domain, the

multidisciplinary evaluation team participants required in R 340.1707, R 340.1708, or R

340.1709, R 340.1709a, or R 340.1716.

Special Education - means specially designed instruction, at no cost to the parents, to

meet the unique educational needs of the student with a disability and to develop the

student's maximum potential. Special education includes instructional services defined

in R 340.1701b(a) and related services.

Specific Learning Disability - (a) "Specific learning disability" means a disorder in 1 or

more of the basic psychological processes involved in understanding or in using

language, spoken or written, that may manifest itself in the imperfect ability to listen,

think, speak, read, write, spell, or to do mathematical calculations, including conditions

such as perceptual disabilities, brain injury, minimal Michigan Administrative Rules for

Special Education With Related IDEA Federal Regulations 37 brain dysfunction,

dyslexia, and developmental aphasia. Specific learning disability does not include

learning problems that are primarily the result of visual, hearing, or motor disabilities, of

cognitive impairment, of emotional impairment, of autism spectrum disorder, or of

environmental, cultural, or economic disadvantage. (b) In determining whether a student

has a learning disability, the state shall: (a) Not require the use of a severe discrepancy

between intellectual ability and achievement. (b) Permit the use of a process based on

the child's response to scientific, research-based intervention. (c) Permit the use of

other alternative research-based procedures. (3) A determination of learning disability

shall be based upon a full and individual evaluation by a multidisciplinary evaluation

team, which shall include at least both of the following: (a) The student's general

education teacher or, if the student does not have a general education teacher, a

general education teacher qualified to teach a student of his or her age or, for a child of

less than school age, an individual qualified by the state educational agency to teach a

child of his or her age. (b) At least 1 person qualified to conduct individual diagnostic

examinations of children and who can interpret the instructional implications of

evaluation results, such as a school psychologist, an authorized provider of speech and

language under R 340.1745(d), or a teacher consultant.

Speech & Language Impairment (SLI) - (1) A "speech and language impairment"

means a communication disorder that adversely affects educational performance, such

as a language impairment, articulation impairment, fluency impairment, or voice

impairment. (2) A communication disorder shall be determined through the

manifestation of 1 or more of the following speech and language impairments that

adversely affects educational performance: (a) A language impairment which interferes

with the student's ability to understand and use language effectively and which includes

1 or more of the following: (i) Phonology. Michigan Administrative Rules for Special

Education With Related IDEA Federal Regulations 35 (ii) Morphology. (iii) Syntax. (iv)

Semantics. (v) Pragmatics. (b) Articulation impairment, including omissions,

substitutions, or distortions of sound, persisting beyond the age at which maturation

alone might be expected to correct the deviation. (c) Fluency impairment, including an

abnormal rate of speaking, speech interruptions, and repetition of sounds, words,

phrases, or sentences, that interferes with effective communication. (d) Voice

impairment, including inappropriate pitch, loudness, or voice quality. (3) Any impairment

under subrule (2)(a) of this rule shall be evidenced by both of the following: (a) A

spontaneous language sample demonstrating inadequate language functioning. (b) Test

results on not less than 2 standardized assessment instruments or 2 subtests designed

to determine language functioning which indicate inappropriate language functioning for

the student's age. (4) A student who has a communication disorder, but whose primary

disability is other than speech and language may be eligible for speech and language

services under R 340.1745(a). (5) A determination of impairment shall be based upon a

full and individual evaluation by a multidisciplinary evaluation team, which shall include

a teacher of students with speech and language impairment under R 340.1796 or a

speech and language pathologist qualified under R 340.1792.

Speech & Language Pathologist - MARSE does not specifically define this term,

SLP is an individual who is specially trained in assisting with communication or

swallowing disorders. ASHA certification is required.

Student Collaboration Team (SCT) - SCT is the Child Study Team process used to

support struggling students within the general education continuum. Students are

presented by either staff or parents for review and discussion. It oftens serves as the

first step when reviewing a student’s academic, behavioral, or social emotional needs.

Transition -

High School students are provided with a special section within the IEP document to

address transition planning. Transition refers to the skill sets needed to move from the

educational setting into life and career readiness.

Traumatic Brain Injury - (1) "Traumatic brain injury" means an acquired injury to the

brain which is caused by an external physical force and which results in total or partial

functional disability or psychosocial impairment, or both, that adversely affects a

student's educational performance. The term applies to open or closed head injuries

resulting in impairment in 1 or more of the following areas: (a) Cognition. (b) Language.

Information processing. (i) Speech. (2) The term does not apply to brain injuries that are

congenital or degenerative or to brain injuries induced by birth trauma. (3) A

determination of disability shall be based upon a full and individual evaluation by a

multidisciplinary evaluation team, which shall include an assessment from a family

physician or any other approved physician as defined in 1978 PA 368, MCL 333.1101

et seq.

Visual Impairment - (1) A visual impairment shall be determined through the

manifestation of both of the following: (a) A visual impairment which, even with

correction, interferes with development or which adversely affects educational

performance. Visual impairment includes both partial sight and blindness. (b) One or

more of the following: (i) A central visual acuity for near or far point vision of 20/70 or

less in the better eye after routine refractive correction. (ii) A peripheral field of vision

restricted to not more than 20 degrees. (iii) A diagnosed progressively deteriorating eye

condition. (2) A determination of impairment shall be based upon a full and individual

evaluation by a multidisciplinary evaluation team, which shall include an ophthalmologist

or optometrist. Michigan Administrative Rules for Special Education With Related IDEA

Federal Regulations 32 (3) If a student cannot be tested accurately for acuity, then

functional visual assessments conducted by a teacher certified in visual impairment may

be used in addition to the medical evaluation for determination of impairment. (4) For

students with visual impairment who have a visual acuity of 20/200 or less after routine

refractive correction, or who have a peripheral field of vision restricted to not more than

20 degrees, an evaluation by an orientation and mobility specialist shall be conducted.

The orientation and mobility specialist shall also include in the report a set of

recommended procedures to be used by a mobility specialist or a teacher of students

with visual impairment in conducting orientation and mobility training activities.

Sources:

www.reedcityschools.org

www.michiganallianceforfamilies.org

www.michigan.gov

www.moisd.org

www.pbis.org

https://sites.ed.gov/idea/