Skip to main content

Legacy Preparatory Academy

Search Mobile Menu Toggle
Resources » Special Education

Special Education

Click below to download the LPA SpEd Policies and Procedures Manual
Shalon Brierley
Special Education Director
 
Legacy Preparatory Academy, in providing for the education of students with disabilities enrolled in its school, has in effect policies, procedures, and programs that are consistent with the Utah State Board of Education Special Education Rules (USBE SER) as described in this Policies and Procedures Manual.
 
                                           Legacy Preparatory Academy IDEA Policies and Procedures Manual
                                                                                                                Revised September 2017

 

1. GENERAL PROVISIONS.

 

              A. POLICIES AND PROCEDURES.

 

       Legacy Preparatory Academy, in providing for the education of students with

       disabilities enrolled in its school, has in effect policies, procedures, and

       programs that are consistent with the Utah State Board of Education Special

       Education Rules (USBE SER) and are as described in this Policies and

       Procedures Manual.

 

   B. DEFINITIONS.

 

                  1. Charter School. ESEA/ESSA Section 4310; UCA 53A-1a-507. The term

           “charter school” means a public school that functions as a Local Education

            Agency (LEA) in accordance with a specific State statute authorizing the

            granting of charters to schools and:

 

           a. Is exempt from significant State or local rules that inhibit the flexible

operation and management of public schools, but not from any rules

relating to the other requirements of the ESEA/ESSA;

 

b. Is created by a developer as a public school, or is adapted by a

developer from an existing public school, and is operated under public

supervision and direction;

 

c. Operates in pursuit of a specific set of educational objectives

determined by the school’s developer and agreed to by the authorized

public chartering agency;

 

d. Provides a program of elementary or secondary education, or both;

 

e. Is nonsectarian in its programs, admissions policies, employment

practices, and all other operations, and is not affiliated with a sectarian

school or religious institution;

 

f. Does not charge tuition;

 

g. Complies with the Age Discrimination Act of 1975, Title VI of the Civil

Rights Act of 1964, Title IX of the Education Amendments of 1972,

Section 504 of the Rehabilitation Act of 1973, the Americans with

Disabilities Act of 1990 (U.S.C. 12101 et seq.), Section 444 of the

General Education Provisions Act (U.S.C. 1232g) (commonly referred

to as the “Family Educational Rights and Privacy Act of 1974”), and

Part B of the Individuals with Disabilities Education Act (IDEA);

 

h. Is a school to which parent(s) choose to send their students, and that

admits students on the basis of a lottery consistent with Section

4310(2)(G), if more students apply for admission than can be

accommodated or in the case of a school that has an affiliated charter

school (such as a school that is part of the same network of schools),

automatically enrolls students who are enrolled in the immediate prior

grade level of the affiliated charter school and, for any additional

student openings or student openings created through regular attrition

in student enrollment in the affiliated charter school and the enrolling

school, admits students on the basis of a lottery as described above;

 

i. Agrees to comply with the same Federal and State audit requirements

as do other elementary schools and secondary schools in the State,

unless such requirements are specifically waived for the purpose of this

program;

 

j. Meets all applicable Federal, State, and local health and safety

requirements;

 

k. Operates in accordance with State law; and

 

l. Has a written performance contract with the authorized public

chartering agency in the State that includes a description of how

student performance will be measured in charter schools pursuant to

State assessments that are required of other schools and pursuant to

any other assessments mutually agreeable to the authorized public

chartering agency and the charter school.

 

                  2. Legacy Preparatory Academy has adopted all of the other applicable

           definitions as found in USBE SER I.E.1–49.

 

C. BUDGET INFORMATION AND CATEGORIES.

 

     Legacy Preparatory Academy provides detailed budget information and budget

     categories in its annual application for IDEA Part B funding submitted to the

     Utah State Board of Education (USBE). 34 CFR §300.301-376; USBE SER

     IX.A.

 
D. ASSURANCES.

 

    Students are admitted to Legacy Preparatory Academy based solely on the

    lottery and other requirements under the Utah Code and the USBE

    Administrative Rules for Charter Schools, and without restrictions due to race,

    color, gender, national origin, disability status, or religion. Assurances with

    regard to compliance with IDEA Part A and Part B, as well as the National

    Instructional Materials Accessibility Standard, and compliance with other

    Federal laws including “New Restrictions on Lobbying, “Debarment,

    Suspension, and Other Responsibility Matters,” and the Drug-Free Workplace

    Act of 1988 are submitted to the USBE annually with the application for IDEA

    Part B funding.

 
E. GENERAL PROGRAM DESCRIPTION.

 

    Legacy Preparatory Academy has two campuses, serving grades K-9. The

    South Campus is located at 1375 N Center Street in North Salt Lake, Utah and

    serves students in grades K-4. The North Campus, located at 2214 S. 1250 W.

    Woods Cross, serves students in grades 5-9. The Utah Core Curriculum is the

    foundation for the curriculum in all grade levels, with basal and supplementary

    materials used for daily instruction in classrooms.

 

    LPA builds the foundation of knowledge and critical thinking skills necessary for

    children to become independent learners for life. Our mission is to: Provide

    classically-based curriculum that is thorough and challenging, integrate fine arts

    to enhance learning, teach the value of public virtue to promote respect, engage

    parents as real partners to share in enriching student education to honor each

    child as an individual, and foster their innate curiosity and desire to learn.

 

    The cornerstone of LPA’s academic curricula lies in the school-wide

    implementation of the Core Knowledge Sequence. E.D. Hirsch, Jr., the creator

    of the Core Knowledge Sequence, writes: “Core Knowledge is an attempt to

    define, in a coherent and sequential way, a body of widely used knowledge

    taken for granted by competent writers and speakers in the United States.

    Because this knowledge is taken for granted rather than being explained when

    it is used, it forms a necessary foundation for the higher-order reading, writing,

    and thinking skills that children need for academic and vocational success.”

    Each grade level has an accompanying scope and sequence manual from

    which the grade level teachers base their daily lesson plans. This inclusive

    outline for the year allows our teachers to focus on methodologies,

    differentiating instruction and organizing coherent engaging lesson plans, rather

    than searching for relevant content. With the year’s scope and sequence laid

    out before them, our teachers are at liberty to create lessons that communicate

    high expectations while accounting for students’ different ways of learning,

    knowing, and expressing ideas.

 

    All students at LPA are regularly assessed and monitored to provide feedback

    to our teachers and instructors who in turn make sound instructional decisions

    based on valid and reliable data. We use this data to create small

    achievement-based instruction groups in the areas of math and reading. The

    students are in general education classrooms with same-age peers for more

    than half of the instructional time (science, history, language arts, fine arts, P.E.,

    etc.). This way, we are able to provide each child the opportunity to achieve in

    the individual’s zone of proximal development. The groups are fluid and

    responsive to assessment data and stakeholder judgment. Grade level teams

    meet weekly to discuss student progress and to propose structured

    interventions as needed. School administration are available at these meetings

    to contribute specialized knowledge as well.

   

    In these groups, reading and math are presented to students using research based

    programs. All teachers and instructors in the elementary grades are

    trained extensively in the art of Direct Instruction and the specific programs they

    will be implementing with fidelity each day. These research-based programs

    include structured data collection and reliable assessment tools for teachers

    and instructors to monitor progress and drive future instruction. This is yet

    another way to give our teachers the tools they need to focus on the building up

    of students to be enthusiastic, lifelong learners.

 

   The three-tier model of academic and behavioral interventions is an integral

   organizational structure at LPA. We are continually evaluating and adjusting

   our practices in order to provide optimal learning experiences for all students.

   The small reading and math groups discussed earlier function as tiers in this

   framework due to the ongoing assessment and intervention process built into

   programs like Corrective Reading, Reading Mastery, Math in Focus, and

   College Preparatory Mathematics. Again, grade level teams meet weekly to

   discuss group placements, learners experiencing difficulty, provide feedback

   and ideas for interventions (academic and behavioral) and collaborate as peers

   to make sound data-based decisions in order to maximize learning and growth

   for all students.

 

   Fine arts are emphasized at LPA in recognition that the arts enhance learning in

   students’ ability to create, think, and reason. All students in kindergarten

   through 4th grade take general music and art classes. Students in 5th through

   9th grades have the opportunity to pursue music, art, drama, and dance in

   greater depth. Bi-yearly, students perform for the school and parents. This

   celebration of learning is reflective of LPA’s high expectations for all learners

   and our deeply held belief that there are a multitude of ways to learn and to

   express knowledge and ideas.

 

   Parents are integral to the learning community at LPA. Families commit to 40

   volunteer hours per school year when a student is enrolled at LPA. On a typical

   day, there are a number of parents in the building providing support to students,

   teachers, staff, and administration. School picnics, carnivals, filed trips, and

   fundraising events are always packed and humming with the enthusiasm of the

   LPA family.

 

F. FREE APPROPRIATE PUBLIC EDUCATION (FAPE). 34 CFR §300.101;

               USBE SER I.E.17.

 

               1. Legacy Preparatory Academy follows the requirements of Charter Schools

        and Their Students. USBE SER III.O.

 

           a. Students with disabilities ages five through 21 who attend public charter

schools and their parent(s)s retain all rights under Part B of the IDEA

and the USBE SER.

 

b. Legacy Preparatory Academy is an LEA that receives funding under

Part B, and is responsible for ensuring that all of the requirements of

Part B of the IDEA and these Rules are met.

 

c. Legacy Preparatory Academy, a public charter school, provides a Free

Appropriate Public Education (FAPE) to all eligible students with

disabilities in conformity with the requirements of the Utah State Board

of Education Special Education Rules (USBE SER) and the United

States Department of Education Final Regulations for the Individuals

with Disabilities Education Act of 2004 (IDEA) August 2006 and its

revisions of December 2008.

 
                2. Free appropriate public education (FAPE) means special education or

         special education and related services that:

         

           a. Are provided at public expense, under public supervision and direction,

and without charge;

 

b. Meet the standards of the USBE and Part B of the IDEA;

 

c. Include elementary school and secondary school education in charter

schools in Utah; and

 

d. Are provided in conformity with an Individualized Education Program

(IEP) that meets the requirements of Part B of the IDEA and these

Rules.

 

G. FULL EDUCATIONAL OPPORTUNITY GOAL (FEOG). 34 CFR §300.10  USBE SER IX.A.2.d.(2)(c).

 

       Legacy Preparatory Academy hereby affirms the goal of providing a full

       educational opportunity to all students with disabilities determined eligible for

       special education or special education and related services under the IDEA and

       the USBE SER, of the ages served by the Charter School between five and 22,

       and in accordance with all of the timeline requirements of the IDEA with respect

       to the identification, location, evaluation, and provision of a FAPE.

 

 

II. IDENTIFICATION, LOCATION, AND EVALUATION OF STUDENTS SUSPECTED

                          OF HAVING DISABILITIES.

 

                        A.CHILD FIND. 34 CFR §§300.101, 111; USBE SER II.A.

     Legacy Preparatory Academy has policies and procedures to ensure that all

     students with disabilities enrolled in the school, including students who are

     highly mobile, students who have been suspended or expelled from school,

     students who have not graduated from high school with a regular high school

     diploma, and those who are suspected of being a student with a disability and

     who are in need of special education or special education and related services

     even though they are advancing from grade to grade, students in State

     custody/care, students in nursing homes, and regardless of the severity of the

     disability, are identified, located, and evaluated. This includes a practical

     method for determining which students are currently receiving needed special

    education or special education and related services.

 

 

B. CHILD FIND PROCEDURES. 34 CFR §§300.131; USBE SER II.A.4.

                Legacy Preparatory Academy conducts the following procedures to ensure that

                students suspected of having a disability are identified and located:

 

            1. Finding students who have been receiving needed special education or

                special education and related services.

 

                   a. The enrollment application includes questions about whether a student

        has received special education or special education and related

        services in the previous school or educational program.

 

        b. Parents are asked during registration if the students received any

           services beyond the regular program in the previous school, and if

           parents respond in the affirmative, contact is made with the previous

           school to locate the special education records.

 

        c. Legacy Preparatory Academy follows all the procedures detailed on the

            In-State and Out-of-State Transfer Student Checklists on the USBE

            website. USBE SER III.C.

 

2. In identifying and locating students who are suspected of having a disability

              and have not been previously identified or determined eligible for special

              education or special education and related services, Legacy Preparatory

              Academy implements the following procedures:

 

                   a. Annual training of all staff on the Child Find obligation and on

           awareness of observed academic or social/emotional behaviors that

           might suggest a suspected disability.

 

        b. Notice in a student or parent handbook and on Legacy Preparatory

            Academy website of the referral procedures and of the availability of

            services for eligible students with disabilities.

 

        c. If a parent or staff member is concerned about a student in a grade

            below or above the grade levels served by the Charter School, or

            younger or older than the students served by the Charter School, the

            parent or staff member is referred to the school district of the student’s

            parent(s) residence.

  

                     3. Legacy Preparatory Academy has no responsibility for Child Find for homeschooled or private school                                     students.          

 

4. Legacy Preparatory Academy does not refer its own students to the local

               school district for Child Find.

 

 

C. REFERRAL. 34 CFR §300.301; USBE SER II.B.

 

       1. Procedure.

           When parent(s), adult student, or school staff member suspects a student

           may have a disability, the following referral procedure is implemented:

 

           a. Teachers document results of classroom instruction and intervention

and submit to a Student Support Team (SST), which includes a general

education teacher.

Note: Pre-referral interventions or a Response to Intervention system

are not used to delay an evaluation for eligibility when a staff member

or parent(s) requests an evaluation.

 

b. The person making the referral/request for initial evaluation completes a

referral form. If school personnel are making the referral,

documentation of contacts with the parents about the concerns

regarding the student’s educational performance is included.

 

c. The referral form is given to the School Director or Special Education

Director, who reviews existing data (including results of any

interventions attempted and the Student Support Team

recommendations) on the student and determines if the referral should

go forward for a full evaluation.

 

   (1) If it is decided that the evaluation should take place, the Charter

        School or Special Education Director assigns a staff member to

        oversee/conduct the evaluation, including obtaining the parental

        consent.

 

   (2) If the referral is not going to result in a full evaluation, the Charter

        School or Special Education Director sends the parent a Written

        Prior Notice of Refusal to take the action of conducting an

        evaluation.

 

                      d. Legacy Preparatory Academy responds to each request for evaluation

    within a reasonable timeframe.

 

    Note: Each school district and charter school shall provide an initial

    special education assessment for children who enter the custody of the

    Division of Child and Family Services (DCFS), upon request by that

    division, for students whose school records indicate that they may have

    disabilities requiring special education services. This assessment shall

    be conducted within 30 calendar days of the request by DCFS. 53A-15-

   304.5.

 

 D. EVALUATION.

 

                  1. Parental Consent. 34 CFR §300.300; USBE SER II.C.

 

           Prior to initiating a full and complete individual evaluation, Written Prior

           Notice (WPN) and consent from the parent(s) of the student or the adult

           student is required and obtained.

 

           a. The consent informs the parent(s) that the evaluation is being proposed

    because the student is suspected of having a disability that adversely

    affects the student’s educational performance and that the student may

    be eligible for special education or special education and related

    services.

 

        b. The consent indicates the areas in which the evaluation team will

            conduct tests or utilize other assessment tools or methods with the

            student.

 

        c. Reasonable efforts to obtain parental consent are made and

            documented by the Charter School.

 

        d. For initial evaluations only, if the student is a ward of the State and is

            not residing with the student’s parent(s), the Charter School is not

            required to obtain informed consent from the parent if, despite

            reasonable efforts to do so, the Charter School cannot discover the

            whereabouts of the parent(s); the rights of the parent(s) of the student

            have been terminated in accordance with State law; or the rights of the

            parents to make educational decisions have been subrogated by a

            judge in accordance with State law and consent for an initial evaluation

            has been given by an individual appointed to represent the student.

 

          e. If the parent(s) of a student or an adult student enrolled in public school

              or seeking to be enrolled in public school does not provide consent for

              initial evaluation, or fails to respond to a request to provide consent, the

              Charter School may, but is not required to, pursue the initial evaluation

              of the student by utilizing the Procedural Safeguards or the due process

              procedures in the USBE SER IV.I-P. The Charter School does not

              violate its obligation under Child Find provisions of USBE SER IV if it

             declines to pursue the evaluation by utilizing the Procedural Safeguards

             or the due process procedures.

 

2. When conducting psychological evaluations, Legacy Preparatory Academy

               implements the parental consent requirements of UCA 53A-13-302 (Utah

               FERPA).

 

           3. Parental consent is not required before administering a test or other

               evaluation that is given to all students (unless consent is required for all

               students) or before conducting a review of existing data.

 

          4. Written Prior Notice. 34 CFR §300.503; USBE SER IV.D.

              The parent(s) of the student is given Written Prior Notice (WPN) that the

              evaluation will be conducted. (See Section IV.C of this Policy and

              Procedures Manual for required components of Written Prior Notice.)

              Written Prior Notice is embedded in Legacy Preparatory Academy Consent

              for Evaluation form.

 

           5. Parental consent for evaluation is not construed as consent to provide

               special education or special education and related services.

 

           6. Legacy Preparatory Academy does not use parent(s)’s refusal to consent to

              one service or activity to deny the parent(s) or student any other service,

              benefit, or activity of the Charter School.

 

           7. Initial Evaluation. 34 CFR §300.301; USBE SER II.D.

 

               a. When the signed parental consent or refusal of consent for evaluation is

        received at the school, the school secretary or special education

        teacher writes the date it was received on the form. If parental consent

        is obtained, this date documents the beginning of the timeline for the

        evaluation.

 

     b. The Charter School completes all initial evaluations within 45 school

         days of receiving the consent, unless the initial evaluation was

         requested by DCFS, in which case it is conducted within 30 calendar

         days. UCA 53A-15.304.5. The 45 school day timeline does not apply if

         the parent(s) fails to produce the student for the evaluation or the adult

         student repeatedly fails or refuses to participate in evaluation activities.

 

     c. If the student enrolls in the Charter School after the timeframe has

         started in a previous LEA, the Charter School must make sufficient

         progress to ensure prompt compliance in accordance with a written

        agreement with the parent(s) as to when the evaluation will be

        completed.

 

                8. Evaluation Process. 34 CFR §300.304; USBE SER II.F.

                           a. Review of Existing Data.

 

         When conducting an initial evaluation (when appropriate), the assigned

         case manager gathers existing data about the student’s educational

         performance for the evaluation team to consider. This may include

         student records of grades, courses completed, statewide test results,

         school-wide test results, classroom assessments, teacher interviews,

         parent(s) input, observations, notes in the student’s cumulative file, and

         other available information.

 

     b. Administration of Additional Assessments.

 

         Legacy Preparatory Academy uses a variety of assessment tools to

         gather relevant functional, developmental, and academic information

         about the student as part of a full and individual initial evaluation, as

         indicated on the Consent for Evaluation form. This information may

         assist the Eligibility Team in determining whether the student is a

         student with a disability. Also, the information informs the IEP Team of

         the student’s educational needs, including information relating to

         enabling the student to be involved in and make progress in the general

         education curriculum. Finally, the information supports the development

         of the contents of the IEP.

 

      c. The administration of the assessments follows all of the requirements of

          USBE SER II.F including:

 

(1) Use of more than one procedure, assessment, and other evaluation

materials tailored to assess specific areas of educational need and

not merely those that are designed to provide a single general

intelligence quotient;

 

(2) Use of technically sound instruments that may assess the relative

contribution of cognitive and behavioral factors in addition to

physical or developmental factors and consider the publication date

and continued validity of assessments in use when new editions

are published;

 

(3) Selection of tools which are not discriminatory on a racial or cultural

basis;

 

(4) Administration in student’s native language or other mode of

communication, and in the form most likely to yield accurate

information on what the student knows and can do academically,

developmentally, and functionally, unless it is clearly not feasible to

do so;

 

(5) Administration of assessments to address specific areas of concern

identified by the evaluation team including the parent(s);

 

(6) Use of assessments for the purposes intended and in accordance

with the publisher’s administration standards;

 

(7) Selection, administration, and interpretation by trained and

knowledgeable personnel in accordance with any instructions and

administrator requirements provided by the producer of the

assessments and the Standards for Educational and Psychological

Testing (AERA, ACA, NCME, 2014);

 

(8) Administration of psychological testing and evaluation of personal

characteristics, such as IQ, personality, abilities, interests,

aptitudes, and neuropsychological functioning only by personnel

who have been trained and fully meet the administrator/use/

interpreter qualifications of the test publisher;

 

(9) Charter school assurance and documentation that all evaluators

meet the assessment publisher’s administrator/interpreter/user

requirements for all assessments (e.g. appropriate degree, higher

education coursework in tests and measures, and supervised

practica);

 

(10)Use of tools that assess what they purport to measure and not just

the student’s disability;

 

(11)Assessment in all areas related to the student’s suspected

disability; and

 

(12)Comprehensive assessment, not just in areas commonly

associated with a specific disability.

 

d. Specific Categorical Evaluation Requirements.

               

                Evaluations for students suspected of having a disability in each of the

                13 areas of disability include the requirements for evaluation

                procedures and assessment of student performance in specific areas

                identified in USBE SER II.J.1–13.

 

9. Legacy Preparatory Academy contacts the Utah Schools for the Deaf and

               Blind for assistance with administering and appropriately interpreting

               assessments for students with visual and/or hearing impairments. USBE

              SER II.F.2.

 

E. REEVALUATION PROCEDURES. 34 CFR §300.303; USBE SER II.G.

 

                     1. Legacy Preparatory Academy conducts a reevaluation of each student with

              a disability when the educational or related services needs, including

              improved academic achievement and functional performance of a student,

              warrant a reevaluation; or if the student’s parent(s), adult student, or

              teacher requests a reevaluation.

 

          2. A reevaluation may not occur more than once a year, unless the parent(s)

             and Legacy Preparatory Academy agree otherwise.

 

          3. A reevaluation must occur at least once every three years, unless the

             parent(s) and Legacy Preparatory Academy agree that a reevaluation is

             unnecessary as there are data available to continue eligibility and

             determine the educational needs of the student.

 

          4. When the parent(s) and Legacy Preparatory Academy agree that a

              reevaluation is unnecessary, the team must document data reviewed and

              used in an evaluation report and complete an eligibility determination

              document.

 

          5. Parental consent for reevaluations.

 

                 a. Legacy Preparatory Academy obtains informed parental consent prior

          to conducting any reevaluation of a student with a disability, if the

          reevaluation includes the administration of additional assessments to

          the student.

 

                  b. If the parent(s) refuses to consent to the reevaluation, Legacy

           Preparatory Academy may, but is not required to, pursue the

           reevaluation by using the dispute resolution procedures provided in the

           Procedural Safeguards, including mediation or due process procedures.

 

        c. The reevaluation may be conducted without parental consent if the

            school can demonstrate that it made reasonable attempts to obtain

            such consent and the student’s parent(s) has failed to respond. A

            written record of the attempts is maintained in the student’s special

            education file.

 

F. ADDITIONAL REQUIREMENTS FOR INITIAL EVALUATION AND REEVALUATION PROCEDURES. 34                  CFR §300.305; USBE SER II.H.

 

                           1. As part of any initial evaluation (if appropriate) and as part of any

                    reevaluation, the IEP Team and other qualified professionals, as

                    appropriate, must review existing evaluation data on the student. This

                    review may be conducted without a formal meeting. The special education

                    teacher/case manager may review and discuss the existing data with team

                    members and the parent(s) individually. Existing data may include

                    evaluations and information provided by the parent(s) of the student; the

                    student; current classroom-based, local, or State assessments; classroombased

                    observations; observations by teachers and related services

                    providers; grades; attendance; and other information regarding the

                    student’s current educational performance.

 

                2. The IEP Team and appropriate other qualified professionals, based on their

                    data review and input from the student’s parent(s) or the adult student,

                    identifies what additional data, if any, are needed to determine whether the

                    student is or continues to be a student with a disability and the educational

                    needs of the student, and

 

                                 a. The present levels of academic achievement and related

               developmental needs of the student;

 

           b. Whether the student needs special education or special education and

               related services; or, in the case of a reevaluation of a student, whether

               the student continues to need special education or special education

               and related services; and

 

           c. Whether any additions or modifications to the special education or

               special education and related services are needed to enable the

               student to meet the measurable annual goals set out in the IEP of the

               student and to participate, as appropriate, in the general education

               curriculum.

 

3. If the IEP Team and other qualified professionals, as appropriate, determine

               that no additional data are needed to determine continuing eligibility and

               student needs, the parent(s) is given Written Prior Notice of that decision

               and of their right to request additional assessment.

 

                      a. Legacy Preparatory Academy then prepares a new Evaluation

              Summary Report, including new and previous data as appropriate, and

              sends a Notice of Meeting for Eligibility Determination.

 

            b. At the Eligibility Team meeting, a new Eligibility Determination form is

                completed and signed by the participating Team members, and the

                parent(s) is given Written Prior Notice of that determination along with a

                copy of the Evaluation Summary Report and the Eligibility

                Determination documents. Written Prior Notice is embedded in the

                Eligibility Determination document.

 

               4. If the parent(s) requests additional assessment as part of the reevaluation,

        Legacy Preparatory Academy obtains written parental consent for

        evaluation and then completes the assessment in the areas of educational

        functioning requested.

 

               a. When the additional assessment is completed, the Charter School then

        prepares a new Evaluation Summary Report, including new and

        previous data as appropriate, and sends a Notice of Meeting for

        Eligibility Determination.

 

     b. At that meeting, a new Eligibility Determination form is completed and

        signed by the Team to indicate participation in the meeting, and the

        parent(s) is given Written Prior Notice of that determination along with a

        copy of the Evaluation Summary Report and the Eligibility

        Determination documents. Written Prior Notice is embedded in the

        Eligibility Determination document.

     
              5. Evaluations before change in eligibility. 34 CFR §300.305; USBE SER II.H.6.

 

               a. Legacy Preparatory Academy evaluates students with disabilities

        before determining that students are no longer eligible for special

       education or special education and related services. However, an

       evaluation is not required before the termination of a student’s eligibility

       due to graduation from secondary school with a regular diploma, or due

       to the student’s reaching age 22, as provided under State law.

 

     b. For a student whose eligibility terminates due to graduation from

        secondary school with a regular high school diploma or due to

        exceeding the age eligibility for FAPE under State law, Legacy

        Preparatory Academy provides the student with a summary of the

        student’s academic achievement and functional performance, including

        recommendations on how to assist the student in meeting the student’s

        postsecondary goals.

 

 

G. EVALUATION TIMELINES. 34 CFR §§300.301, 303; USBE SER II.D., II.G.

 

                          1. An initial evaluation must be completed within 45 school days of the date

                   the school receives parental consent for the evaluation.

 

               2. Upon completion of the evaluation or reevaluation, the IEP Team and other

                   appropriate professionals determine eligibility within a reasonable time.

 

              3. A reevaluation:

 

                     a. May not be conducted more than once a year, unless the parent(s) and

              the LEA agree otherwise; and

 

          b. Must occur at least once every three years, unless the parent(s) and

              the LEA agree that a reevaluation is unnecessary.

 

 

H. ELIGIBILITY DETERMINATION. 34 CFR §300.306; USBE SER II.I.

 

  1.       Notice of Meeting.

 

                       Upon completion of the evaluation, the special education teacher or case

                       manager arranges a meeting of the Eligibility Team at a mutually agreeable

                       time and place. A Notice of Meeting will be sent to the parent(s) and other

                       members of the Team stating the meeting purposes, time, place, who is

                       expected to be in attendance, and informing the parent(s) that they may

                       bring others who have knowledge or special expertise about the student to

                       the meeting.

         

          2.  Evaluation Summary Report.

 

                      The special education case manager collects all of the results of the

                      evaluation, and writes a summary report of the evaluation information. This

                      Evaluation Summary Report is included in Legacy Preparatory Academy’s

                      Eligibility Determination document for each disability category.

 

                    3. Eligibility Team Membership.

 

                     The Eligibility Team shall include a group of qualified professionals and the

                     parent(s). In Legacy Preparatory Academy, this may include the special

                     education teacher, regular education teacher, speech-language pathologist,

                     school psychologist, occupational therapist, physical therapist, a

                     representative of the LEA, and others who have conducted parts of the

                     evaluation, as appropriate.

 
                      4. Eligibility Categories, Definitions, and Criteria.
 

                     Legacy Preparatory Academy has adopted the definitions, evaluation

                     requirements, and eligibility criteria in USBE SER.II.J.1–13.

 

                      5. Specific Learning Disability (SLD).

 

                     Legacy Preparatory Academy has selected the Combination method of

                     determining whether a student has a Specific Learning Disability. 34 CFR

                                300.307; USBE SER II.J.10.b–h.

 

                               a. Team members. 34 CFR §300.308; USBE SER II.J.10.b(2).

 

                        The determination of whether a student suspected of having a specific

                        learning disability is a student with a disability must be made by the

                        student’s parent(s) and a team of qualified professionals, including:

                                   
                                  (1) The student’s regular teacher; or

 

             (2) If the student does not have a regular teacher, a regular classroom

              teacher qualified to teach a student of the student’s age; and

 

             (3) At least one person qualified as defined by the examiner

              qualifications outlined in the administration manual of each of the

              specific diagnostic examinations to conduct individual diagnostic

              examinations of students and interpret the results of those

              assessments (as per the administration assessment criteria), such

              as a school psychologist, speech/language pathologist, reading

              teacher or reading specialist, or special education teacher.

 

         b. Determining the existence of a specific learning disability. 34 CFR

                                  300.309; USBE SER II.J.10.b(3).

 

                       The team described may determine that a student has a specific

                       learning disability if:

 

           (1) The student does not achieve adequately for the student’s age or to

           meet State-approved grade-level standards, when provided with

           learning experiences and instruction appropriate for the student’s

           age or State-approved grade-level standards, in one or more of the

           following areas:

 

               (a) Oral expression;

 

               (b) Listening comprehension;

 

               (c) Written expression;

 

               (d) Basic reading skills;

 

               (e) Reading fluency skills;

 

               (f) Reading comprehension;

 

               (g) Mathematics calculation;

 

               (h) Mathematics problem solving; and

 

         (2) For the combination method, the student meets the requirements of:

 

    (a) Response to Intervention (RtI) Method.

         

         The student does not make sufficient progress to meet age or

         State-approved grade-level standards in one or more of the

         areas identified above when using a process based on the

         student’s response to scientific, research-based intervention

         (The team must refer to the USBE Specific Learning Disability

         Eligibility Guidelines when using this method.); and

 

    (b) Discrepancy Method.

         The student’s scores demonstrate that a severe discrepancy

         exists between the student’s intellectual ability and

         achievement in one or more of the areas of specific learning

         disability listed above.

 

                              (3) The group determines that its findings are not primarily the result of:

 

                                         (a) A visual, hearing, or motor disability;

 

                                         (b) Intellectual disability;

 

                                         (c) Emotional disturbance;

 

                                         (d) Cultural factors;

 

                                         (e) Environmental or economic disadvantage; or

 

                                         (f) Limited English proficiency.

 

                            c. The learning disability must adversely affect the student’s educational performance.

 

                            d. The student with the learning disability must need special education or

                special education and related services. 34 CFR §300.8(a).

 

                     6. Evaluation. 34 CFR §300.309(b–c); USBE SER II.J.10.c.

 

                            a. An evaluation must include a variety of assessment tools and strategies

                    and cannot rely on any single procedure as the sole criterion.

 

                            b. To ensure that underachievement in a student suspected of having a

                     specific learning disability is not due to lack of appropriate instruction in

                     reading or math, the group must consider, as part of the evaluation:

 

             (1) Data that demonstrate that prior to, or as a part of, the referral

                  process, the student was provided appropriate instruction in regular

                  education settings, delivered by qualified personnel; and

 

            (2) Data-based documentation of repeated assessments of

                 achievement at reasonable intervals, reflecting formal assessment

                 of student progress during instruction, which was provided to the

                 student’s parent(s).

 

                           c. Legacy Preparatory Academy promptly requests parental consent to

                    evaluate the student to determine whether the student is a student with

                    a disability and needs special education or special education and

                    related services, and must adhere to the 45-school-day evaluation

                    timeframe, unless extended by mutual written agreement of the

                    student’s parent(s) and a group of qualified professionals:

 

           (1) If, prior to a referral, a student has not made adequate progress

                after an appropriate period of time as determined by the Charter

                School when provided appropriate instruction, and

 

           (2) Whenever a student is referred for an evaluation.

 

                           d. Observation. 34 CFR §300.310(a–c); USBE SER II.J.10.c.(4).

                    Legacy Preparatory Academy ensures that the student is observed in

                    the student’s learning environment (including the regular classroom

                    setting) to document the student’s academic performance and behavior

                    in the areas of difficulty.

 

                                (1) The team must decide to:

 

                      (a) Use information from an observation in routine classroom

                           instruction and monitoring of the student’s performance that

                           was done before the student was referred for an evaluation; or

 

                      (b) Have at least one member of the team conduct an observation

                           of the student’s academic performance in the regular classroom

                           after the student has been referred for an evaluation and

                           parental consent or consent of the adult student is obtained.

 

                     (c) In the case of a student who is out of school, a group member

                          must observe the student in an environment appropriate for a student of that age.

 

                          3. Specific documentation for the eligibility determination. 34 CFR
                              300.311; USBE SER II.J.10.c.(5).

 

                   The team’s documentation of the determination of eligibility with a

                   specific learning disability must contain a statement of:

 

                              (1) Whether the student has a specific learning disability;

 

                              (2) The basis for making the determination;

 

                             (3) The relevant behavior, if any, noted during the observation of the

                       student and the relationship of that behavior to the student’s

                       academic functioning;

 
                             (4) The educationally relevant medical findings, if any; and

 

                  (5) Whether the student meets the criteria for both the Response to

                        Intervention and Discrepancy methods below:

 

             (a) Response to Intervention (RtI) Method. 34 CFR §300.311(a)(7);

                   USBE SER II.J.10.c.(5)(f).

 

        Legacy Preparatory Academy has a process that assesses a

        student’s response to scientific, research-based intervention as

        part of determining if the student has a specific learning

        disability. This process includes:

 

                                        i. High quality research-based instruction delivered by

          qualified staff in the general education setting; and

 

                                       ii. Assessment of student performance that specifically

          includes universal screening and progress-monitoring; and

 

      iii. Multiple tiers of evidence-based interventions to address

           individual student difficulties; and

 

                                       iv. Documentation of systematic and regular parent(s), and/or

           family involvement and communication as well as

           notification about:

 

   (A) The State’s policies regarding the amount and nature

         of student performance data that are collected and the

         general education services that are provided (The team

         refers to the USBE Specific Learning Disability

         Eligibility Guidelines when using this method.);

 

  (B) Strategies for increasing the student’s rate of learning;

         And

 

  (C) The parent(s)’ or the adult student’s right to request an

         evaluation; and

 

                                      v. System supports (e.g., leadership, problem-solving, data

          management systems, coaching and collaboration,

          professional development, and measures of fidelity) in

          place to ensure effective implementation; or

 

                                      vi. The instructional strategies used and the student-centered

          data collected; AND

 

           (b) Discrepancy Method. 34 CFR §300.311; USBE SER

                II.J.10.c.(5)(g).

 

                Legacy Preparatory Academy uses a severe discrepancy

                between the student’s achievement and intellectual ability as

                part of its process to determine if the student has a specific

                learning disability, and the team documents:

 

          (c) The student’s performance on a standardized, normreferenced,

                individually administered achievement measure in

                the area of the suspected disability, and

 

          (d) That the student scored above the intellectual disability range

               on a standardized, norm-referenced, individually administered

               measure of intellectual ability, and

 
                                    i. The comparison of the standard scores on the tests of

                achievement and intellectual ability using local board approved

                and USBE staff-reviewed discrepancy analysis

                method.

 

                                   ii. The team documents consideration of the discrepancy

                 analysis and the team’s determination of whether or not it

                 represents a severe discrepancy.

 

                              (f) The determination of the team concerning the effects of a visual,

                        hearing or motor disability; intellectual disability; emotional disturbance;

                        cultural factors; environmental or economic disadvantage; or limited

                        English proficiency on the student’s achievement level.

 

                              (g) The requirements of USBE SER II.D–H are followed.

 

                              (h) Each team member certifies in writing whether the report reflects the

                        member’s conclusion. 34 CFR §300.311(b). If it does not reflect the

                        member’s conclusion, the team member submits a separate statement

                        presenting the member’s conclusions.

 

                     7. Determining Eligibility. 34 CFR 300.306; USBE SER II.I.

 

                             a. Using the criteria for each category of disability as described above, the

                      Eligibility Team determines:

 

           (1) Whether the student has a disability that adversely affects his

                           educational performance, and

 

                     (2) Whether the student requires special education or special

                           education and related services.

 

                          Special education is defined as specially designed instruction to

                          meet the unique needs of a student with a disability and may

                          include related services if they meet the definition of special

                          education. Special education services are services provided to the

                          student and do not include consultation between teacher or

                          monitoring a student’s grades or work completion. 34 CFR §300.39;

                          USBE SER I.E.43.

 

                          Specially designed instruction is adapting, as appropriate to the

                          needs of an eligible student, the content, methodology, or delivery

                          of instruction to address the unique needs of the student that result

                          from the student’s disability, and to ensure access of the student to

                          the general curriculum, so that the student can meet educational

                          standards of the Charter School that apply to all students. 34 CFR

                                    300.39(b)(3); USBE SER I.E.44.

 

                             b.  A student is not determined to be a student with a disability if the

                       determinant factor is:

 

            (1) Lack of appropriate instruction in reading, including the essential

                 components of reading instruction (phonemic awareness,

                 alphabetic principle, vocabulary, comprehension, and fluency);

 

            (2) Lack of appropriate instruction in math; or

 

            (3) Limited English proficiency; and

 

            (4) If the student does not otherwise meet the eligibility criteria.

 

                            c. Procedures for determining eligibility and determining need.

                     In interpreting evaluation data for the purpose of determining if a

                     student is a student with a disability and the educational needs of the

                     student, Legacy Preparatory Academy:

 

          (1) Draws upon information from a variety of sources, such as aptitude

               and achievement tests, parent(s) input, teacher recommendations,

               physical condition, social or cultural background, and adaptive

               behavior; and

 

          (2) Ensures that information obtained from all of these sources is

               documented and carefully considered.

 

                            d. The determination of eligibility is documented on the appropriate “Team

                     Evaluation Summary Report and Written Prior Notice of Eligibility

                     Determination” form with signatures of team members.

 

                            e. The parent(s) is provided with a copy of the Team Evaluation Summary

                      Report and Written Prior Notice of Eligibility Determination document(s).

 

                      8. Evaluations before Change in Eligibility. 34 CFR §300.305; USBE SER

                          II.H.6.

 
                            a. Legacy Preparatory Academy evaluates a student with a disability

                     before determining that the student is no longer an eligible student with

                     a disability.

 

                           b. An evaluation is not required before the termination of a student’s

                    eligibility due to graduation from secondary school with a regular high

                    school diploma, or due to exceeding the age of eligibility for FAPE

                    under Utah law (i.e., age 22).

 

                          c. For a student whose eligibility terminates due to graduation from

                   secondary school with a regular diploma, or due to exceeding the age

                   of eligibility for FAPE under Utah law, Legacy Preparatory Academy

                   provides the student with a summary of the student’s academic

                   achievement and functional performance, which includes

                   recommendations on how to assist the student in meeting the student’s

                   postsecondary goals.

 

III. IEP DEVELOPMENT AND SERVICE DELIVERY.

      Legacy Preparatory Academy implements the following policies and procedures to

      address the IEP requirements of USBE SER III.A–V.

 

                    A. IEP TEAM MEETING. 34 CFR §300.306; USBE SER III.D.

 

                         1. Within 30 calendar days of the determination of eligibility, Legacy

                  Preparatory Academy assigns a special education teacher/case manager

                 who arranges a meeting of the IEP Team to develop an IEP at a place and

                 time that is mutually agreed-on by the parent(s) and the Charter School.

 

                         2. A Notice of Meeting is sent to the parent(s) and other members of the team

                  stating the purpose(s), time, place, who is expected to be in attendance,

                  and explaining that the parent(s) or the Charter School may bring others

                  who have knowledge or special expertise about the student to the meeting.

                  The determination of knowledge or expertise of the invited person is made

                  by the party who invited that person.

 
                   B. PARENTAL OPPORTUNITY TO PARTICIPATE. 34 CFR §300.322; USBE

                       SER III.G.

 

                       1. The parent(s) is expected to participate along with school team members in

                developing, reviewing, and revising the IEP. This includes providing

                important information about needs and strengths of the student, contributing

                to discussions about the student’s need for specialized instruction,

                determining how the student will be involved and make progress in the

                general curriculum, deciding how the student will participate in the

                statewide and schoolwide assessments, and deciding what services Legacy

                Preparatory Academy will provide and in what settings.

 

                      2. When conducting IEP Team meetings, placement meetings, and other

               administrative matters, the student’s parent(s) and the Charter School may

               agree to use alternative means of meeting participation such as video

               conferencing or conference call.

 

                       3. Legacy Preparatory Academy documents in writing its attempts to obtain

                parent(s) participation in IEP meetings. If the parent(s) cannot attend,

                participation by other means such as teleconference may be used.

                Parent(s) must be given whatever help is needed to understand the

                proceedings of the IEP meetings, such as interpreters. If the Charter School

                cannot obtain parental participation, it proceeds with the development of the

                IEP as required by Part B of the IDEA and USBE SER.

 

                    C. IEP TEAM MEMBERSHIP. 34 CFR §300.321; USBE SER III.E.

 

                       1. Legacy Preparatory Academy ensures that the team for each student with a

                disability includes the parent(s), at least one special education teacher of

                the student, at least one regular education teacher of the student, a

                representative of Legacy Preparatory Academy, a person who can interpret

                the results and instructional implications of the evaluation results, and the

                student, when appropriate. At the discretion of the parent(s), adult student,

                or Charter School, other individuals who have knowledge or special

                expertise regarding the student, including related services personnel may

                also be included as appropriate.

 

                       2. If a purpose of the IEP Team meeting is consideration of postsecondary

                goals for the student and the transition services needed to assist the

                student in reaching those goals, Legacy Preparatory Academy invites the

                student with a disability to attend the student’s IEP meeting. If the student

                does not attend the IEP meeting, the Charter School will take other steps to

                ensure that the student’s preferences and interests are considered.

 

                       3. To the extent appropriate, with the written consent of the parent(s), Legacy

                Preparatory Academy must invite a representative of any participating

                agency that is likely to be responsible for providing or paying for transition

                services.

 

                      4. The Charter School representative must meet the Charter School

                administrator standards, be qualified to provide or supervise the provision of

                specially designed instruction to meet the unique needs of students with

                disabilities, and have knowledge of the general education curriculum and of

                the availability of resources of the Charter School. Legacy Preparatory

                Academy may designate a Charter School member of the IEP Team to also

                serve as the Charter School representative, if the above criteria are

                satisfied.

 

                     5. The signatures of team members on the IEP indicate participation in the

              development of the IEP.

 

D. IEP TEAM ATTENDANCE. 34 CFR §300.321; USBE SER III.F.

 

                     1. A required member of the IEP Team is not required to attend all or part of a

              particular IEP Team meeting if the parent(s) of a student with a disability

              and the Charter School agree, in writing, that the attendance of the member

              is not necessary because the member’s area of the curriculum or related

              services is not being modified or discussed in the meeting.

 

                       2. A required member of the IEP Team may be excused from attending all or

                part of a particular IEP meeting when the meeting does involve a

                modification to or discussion of the member’s area of the curriculum or

                related services, if the parent(s) and the Charter School consent to the

                excusal in writing; and the member submits written input into the

                development of the IEP to the parent(s) and the other IEP Team members,

                prior to the meeting.

 

E. NOTICE OF MEETING. 34 CFR §300.322; USBE SER III.G–H.

 

                        1. Legacy Preparatory Academy takes steps to ensure that one or both of the

                 parents of a student with a disability or the adult student is present at each

                 IEP Team meeting or are afforded the opportunity to participate, including:

 

                            a. Notifying parent(s) of the meeting early enough to ensure that they will

          have an opportunity to attend and

 

                            b. Scheduling the meeting at a mutually agreed-on time and place.
 
                        2. If the parent(s) cannot attend, Legacy Preparatory Academy uses other

                 methods to ensure participation of the parent(s), including individual or

                 conference telephone calls. The parent(s) of a student with a disability and

                 the Charter School may agree to use alternative means of meeting

                 participation, such as video conferences and conference calls. 34 CFR

                            300.328.

 

                        3. A meeting may be conducted without parent(s) or the adult student in

                 attendance if the Charter School is unable to convince the parent(s) that

                 they should attend. In this case, the Charter School must keep a record of

                 Its attempts to arrange a mutually agreed-on time and place, such as:

 

                            a. Detailed records of telephone calls made or attempted and the results

          of those calls;

 

                            b. Copies of correspondence sent to the parent(s) and any responses

           received; and

 

                            c. Detailed records of visits made to the parent(s)’ home or place of

          employment and the results of those visits.

   

                        4. The Charter School takes whatever action is necessary to ensure that the

                            parent(s) understands the proceedings of the IEP Team meeting, including

                            arranging for an interpreter for parent(s) with deafness or whose native

                            language is other than English.

 

                             a. Under 53A-26a-301, an individual is required to be certified as an

                       interpreter if that interpreter provides interpreter services, unless they

                       meet the exemptions included in 53A-26a-305.

 
                        5. The parent(s) of a student with a disability or the adult student is a

                            participant along with school personnel in developing, reviewing, and

                            revising the IEP for the student. This is an active role in which the parent(s):

 
                             a. Provides critical information regarding the strengths of the student and

                      expresses their concerns for enhancing the education of the student;

 

                             b. Participates in the discussion of the student’s need for special

                      education or special education and related services, and supplementary

                      aids and services; and

 

                             c. Joins with other participants in deciding how the student will be involved

                      and progress in the general curriculum, how the student will participate

                      in State and schoolwide assessments, and what services the Charter

                      School will provide to the student and in what setting.

 

F. IEP TIMELINES. 34 CFR §§300.323, 324; USBE SER III.B., III.I.
 
                       1. Legacy Preparatory Academy ensures that an IEP is in effect for each

                identified student with a disability prior to the beginning of the school year.

 

                       2. At Legacy Preparatory Academy the IEP Team reviews the IEP at least

                annually to determine whether the annual goals for the student are being

                achieved.

 

                            a. The team may decide to meet at the request of the parent(s) or other

           IEP Team member to revise the IEP to address any lack of expected

           progress toward annual goals and lack of progress in the general

           curriculum, the results of any reevaluation, information about the

           student provided to or by the parent(s) or the adult student, the

           student’s anticipated needs, or other matters.

 
                        3. An IEP is developed within 30 calendar days of initial determination that a

                 student is an eligible student with a disability.

 

                        4. Once parental consent for the initial provision of special education or

                 special education and related services is obtained, the special education

                 services, related services, and supplementary aids and services are

                 provided as soon as possible.

 

G. TRANSFER STUDENTS. 34 CFR §300.323; USBE SER III.C.

 

                        1. Legacy Preparatory Academy provides a student transferring from another

                 LEA in or out of the state with comparable services to those listed on an

                 existing IEP while it determines next needed steps in accordance with the

                 In-State and Out-of-State Transfer Student Checklist on the USBE website.

 

                        2. If an evaluation for eligibility is determined to be needed, that evaluation is

                 considered an initial evaluation and follows the required procedures and

                 timelines for such an initial evaluation. USBE SER III.C.2.b.

 

                        3. The requirements of USBE SER III.C also apply for students transferring

                  from an LEA placement to a local juvenile or adult correctional facility or

                  temporary State placement for observation and assessment.

 

H. IEP DEVELOPMENT AND CONTENT. 34 CFR §§300.320, 324, 300; USBE

SER III.I–J.

 

                        1. The IEP Team develops an IEP that is reasonably calculated to confer a

                 free appropriate public education for the student.

 

                        2. In developing the IEP, the IEP Team must consider the student’s strengths;

                 parent(s) concerns for enhancing the student’s education; evaluation

                 results; academic, developmental, and functional needs of the student; and

                 special factors.

 

                        3. The IEP must include:

 

                             a. A statement of the student’s present level of academic achievement

           and functional performance (PLAAFP), including baseline data on

           achievement and how the student’s disability affects the student’s

           involvement and progress in the general curriculum (i.e., the same

           grade-level curriculum as for non-disabled students). For students who

           are blind, the statement should also include results from a braillerelated

           or braille skills assessment. UCA 53A-25a-104.

 

                            b. Measurable annual goals, including academic and functional goals,

           based on the present level statement that enable the student to be

           involved and make progress in the general education curriculum and

           addressing each of the student’s educational needs resulting from the

           student’s disability.

 

(1) For eligible students with significant cognitive disabilities who will

participate in grade-level alternate achievement standards (i.e.,

Essential Elements), the parent(s) is notified that the student’s

academic achievement will be measured through an assessment of

the grade-level Utah alternate achievement standards, such as the

Dynamic Learning Maps (DLM) or the Utah’s Alternate Assessment

(UAA), and how participation in such alternate achievement

assessments may delay or otherwise affect the student from

completing the requirements for a regular high school diploma.

Short term objectives are included for these students who will

participate in a statewide alternate assessment, and for other

students if determined needed by the IEP Team.

 

                            c. How the student’s progress toward meeting the annual IEP goals will be

          measured and when progress will be reported to the parent(s) on a

          periodic basis.

 

                            d. The special education or special education and related services, and

           the supplementary aids and services (including assistive technology) to

           be provided to the student or on behalf of the student, based on peerreviewed

           research to the extent practicable; and the program

           modifications or supports for school personnel that will be provided to

           enable the student to make progress on the IEP goals and in the

           general curriculum, to participate in extracurricular and other

           nonacademic activities, and to be educated and participate with other

           students with disabilities and without disabilities.

 

                             e. Program options. 34 CFR §300.110.

 

            Legacy Preparatory Academy takes steps to ensure that its students

            with disabilities have available to them the variety of educational

            program and services available to nondisabled students, including art,

            music, industrial arts, consumer and homemaking education, and

            vocational education.

 

                             f. An explanation of the extent, if any, to which the student will not

          participate with other similar-aged nondisabled students in the regular

          education environment and in the activities listed above.

 
                            g. The dates that services, accommodations, and program modifications

           will begin and end (no more than one year from the date of the IEP);

           and the frequency, location, and amount of each service listed.

           Services listed must be specific, such as “reading comprehension,” not

           “resource.”

 

                            h. Consideration of special factors as follows:

 

(1) In the case of a student with limited English proficiency, consider

the language needs of the student as those needs relate to the

student’s IEP; and

 

(2) In the case of a student who is blind or visually impaired, provide

for instruction in braille and the use of braille unless the IEP Team

determines, after an evaluation of the student’s reading and writing

skills, needs, and appropriate reading and writing media (including

an evaluation of the student’s future needs for instruction in braille

or the use of braille), that instruction in braille or the use of braille is

not appropriate for the student; and

 

(3) Consider the communication needs of the student, and in the case

of a student who is deaf or hard of hearing, consider the student’s

language and communication needs, opportunities for direct

communication with peers and professional personnel in the

student’s language and communication mode, academic level, and

full range of needs, including opportunities for direct instruction in

the student’s language and communication mode; and

 

(4) Consider whether the student needs assistive technology devices

and services in school and on a case-by-case basis, in a student’s

home or other setting; and

 

(5) In the case of a student whose behavior impedes the student’s

learning or that of others, consider the use of positive behavioral

interventions and supports, and other strategies, to address that

behavior.

 

(a) When making decisions on behavioral interventions, the IEP

Team must refer to the USBE Least Restrictive Behavioral

Interventions (LRBI) Technical Assistance (TA) Manual for

information on research-based intervention procedures.

 

(b) Emergency safety interventions may only be included in an IEP

as a planned intervention when the IEP Team agrees that less

restrictive means which meet circumstances in R277-608 have

been attempted, a functional behavior assessment (FBA) has

been conducted, and a positive behavior intervention plan

based on data analysis has been developed and implemented.

R277-609.

 

(c) The purpose of the LRBI TA Manual related to the use of

positive behavioral supports and behavioral inventions is to

protect the safety and well-being of all students, provide

protection for students, teachers, other school personnel, and

LEAs, and ensure that parent(s) are involved in the

consideration and selection of behavior interventions to be

used.

 

(d) When an emergency situation occurs that requires the

immediate use of an emergency safety intervention to protect

the students or others from harm, the staff shall comply with

requirements in R277-609 with regard to time limitations and

parental notification.

 

                                           i. Emergency is defined in Administrative Rule R277-609.

 

                                           ii. Legacy Preparatory Academy follows the emergency
                                               notification procedures as written.

 

(e) Legacy Preparatory Academy ensures that all staff members

who interact with students receive the training necessary to

effectively implement a continuum of behavioral interventions

and supports.

 

(f) As appropriate, the student should receive a functional

behavioral assessment and behavior intervention services and

modifications that are designed to address the behavior.

 

                            i. If the IEP Team in considering the special factors described above

         decides that a student needs a particular device or services for

         educational purposes, (including an intervention, accommodation, or

         other program modification) in order to receive a FAPE, the team must

         include these in the IEP.

 

                            j. How the student will participate in statewide and schoolwide

          assessments, such as the Student Assessment of Growth and

           Excellence (SAGE).

 

(1) While every student with a disability must participate, an individual

student may be determined to participate with some

accommodations based on the student’s disability, or with

modifications.

 

(2) Students who have the most significant cognitive disabilities, and

meet other criteria in the USBE Assessment Participation and

Accommodation Policy, may be assessed with alternate

assessments, such as the DLM or UAA, as required by the USBE.

The IEP Team must indicate this on the IEP Assessment

Addendum, along with the reason that the student cannot otherwise

participate in the statewide assessment program.

 

                            k. In addition to the required elements of the statewide assessment

          program, Legacy Preparatory Academy administers the following

          schoolwide assessments: DIBELS in grades K–4 and Track My

          Progress in grades K-8. All students, including students with identified

          disabilities, are included in these assessments. Students with

          disabilities may participate in the assessments with appropriate

          accommodations and modifications as determined by the IEP Team

          and documented in the student’s IEP. Alternate assessments for

          individual students, as determined by the student’s IEP Team and

          documented in the student’s IEP, are provided for students who cannot

          otherwise participate in the schoolwide or classroom assessments.

 

                             l. How the student will participate in physical education services, specially

          designed or adapted if necessary. The student must be afforded the

          opportunity to participate in the regular physical education program

          available to nondisabled students, unless the student needs specially

          designed instruction as prescribed in the student’s IEP.

 

                            m. IEP Teams should discuss and address, if appropriate, student

           participation not only in the grade-level Core Standards, but other

           general education activities and courses (e.g., health and maturation,

           suicide prevention), as well as the Statewide Online Education program

           or other online, distance, blended, or competency-based courses, as

           well as courses taken through Career and Technical Education (CTE)

           programs and concurrent enrollment. Students with disabilities may

           require special education and related services and accommodations for

           equitable participation, in conjunction with Part B of the IDEA, USBE

           SER, R277-418, and R277-726.

 

           The IEP Team determines whether the student will need Extended

           School Year (ESY) services in order to receive a free appropriate public

           education. 34 CFR §300.106; USBE SER III.N; R277-751.

 

(1) This determination of the need for ESY services in Legacy

Preparatory Academy is based on regression and recoupment data

collected over at least two breaks in the school year consisting of 4

or more week days when there is no school.

 

(2) If the student’s recovery from measured regression on pinpointed

skills directly related to the IEP goals takes so long that the student

would not receive a FAPE without services during the summer or

other school break, the IEP Team must find the student eligible for

ESY services.

 

(3) Other factors are considered in determining if the student needs

ESY in order to receive a FAPE. These include but are not limited

to:

 

(a) The degree of the student’s impairment,

 

(b) The ability of the parent(s) to provide the educational structure

at home,

 

(c) The student’s rate of progress,

 

(d) The student’s physical or behavioral problems,

 

(e) The areas of the student’s curriculum that need continuous

attention (such as emerging skills),

 

(f) The student’s vocational and transition needs,

 

(g) The availability of alternative resources,

 

 (h) Whether a requested service is extraordinary to the student’s

condition,

 

(i) Information from parent(s) and other caregivers, and

 

(j) Other available data.

 

(4) If the student is eligible for ESY services, the IEP Team shall

develop a written document that indicates which IEP goals the

student will work on during the ESY, what services will be provided,

how long and how often the ESY services will be provided, and the

setting(s) in which the services will be provided.

 

(5) LPA provides ESY services in the least restrictive environment.

 

(6) The IEP Team refers to the USBE ESY Technical Assistance

Document on the USBE website.

 
                             n. Assistive Technology. 34 CFR §300.105; R277-495; USBE SER III.M.

 

(1) Legacy Preparatory Academy makes assistive technology devices

or assistive technology services, or both, available to a student with

a disability if required as part of the student’s special education,

related services, or supplemental aids and services.

 

(2) On a case-by-case basis, the use of school-purchased assistive

technology devices in a student’s home or in other settings will be

required if the IEP Team determines that the student needs access

to those devices in order to receive a FAPE.

 

I. IEP TEAM ACCESS TO IEP INFORMATION. 34 CFR §300.323; USBE SER III.B.

 

                             1. Legacy Preparatory Academy makes the student’s IEP accessible to each

                      regular education teacher, special education teacher, related service

                      provider, and other service provider who is responsible for its

                      implementation. Each teacher and provider is informed of the teacher or

                      provider’s specific responsibilities related to the implementation of the

                      student’s IEP and the specific accommodations, modifications, and

                      supports that must be provided for the student in accordance with the IEP.

 
                              2. Legacy Preparatory Academy prepares a summary of the present level of

                       academic achievement and functional performance, goals, and program

                       modifications and supports for each teacher of the student. This summary is

                       provided to the teacher prior to the time of initial implementation of the IEP

                       as well as when any changes to the IEP are made. Teachers keep this

                       information in a secure place to ensure that confidentiality is maintained.

 

J. PLACEMENT IN THE LEAST RESTRICTIVE ENVIRONMENT (LRE). 34 CFR §300.114; USBE SER III.P.

 

                            1. Placement decisions are made by a group of persons, including the

                     parent(s) and other persons knowledgeable about the student, the meaning

                     of the evaluation data, and the placement options. This group may be the

                     IEP Team, including the parent(s). The group determines the placement on

                     the continuum of placement options in which the student will receive special

                     education or special education and related services.

 

                            2. Legacy Preparatory Academy ensures that the parent(s) of each student is

                     a member of any group that makes decisions on the educational placement

                     of the student. If neither parent nor the adult student can participate in a

                     meeting in which a decision is to be made relating to the educational

                     placement of the student, Legacy Preparatory Academy will use other

                     methods to ensure their participation, including individual or conference

                     telephone calls or video conferencing. A group may make a placement

                    decision without the involvement of the parent(s) if the Charter is unable to

                    obtain either parent(s)’ participation, after repeated and documented

                    attempts to ensure their involvement. 34 CFR §§300.327, 501; USBE SER III.S.

 

                               a. No initial placement and provision of services are put in place without

             written parental consent.

 

                           3. Placement is determined at least annually, based on the student’s present

                    levels of performance, goals, services, and program modifications as

                    detailed in the IEP.

 

                          4. Identified students with disabilities, including students enrolled in the

                   Charter School but placed in public or private institutions or other care

                   facilities (e.g. nursing homes) by the IEP Team, or by parent(s)/adult

                   student when FAPE is at issue, shall receive the special education or

                   special education and related services in the Least Restrictive Environment

                   (LRE) to the maximum extent appropriate to meet the student’s needs.

 

                         5. This means that the student will not be removed from the regular education

                  classroom, with regular education peers, unless the IEP Team determines

                  that due to the nature and severity of the disability, the student’s

                  educational needs cannot be addressed satisfactorily in the regular

                  education environment, even with the use of supplementary aids and

                  services. In the case of a student who is deaf or hearing impaired,

                  consideration of a special class or school may be the least restrictive

                  environment in that it provides opportunities for direct communication and

                  instruction in the student’s language and communication mode with

                  professional personnel and peers.

 

                         6. LRE provisions apply to transition programs and placement.

 

                         7. Legacy Preparatory Academy provides the IDEA required continuum of

                  placement options, including placement in:

 

                             a. A regular education classroom (A student is placed in the grade-level

           general education classroom and the specialized instruction—and

           related services, if any—is provided there.),

 

                             b. A regular classroom with itinerant services (A student is placed in the

           grade-level general education classroom and the specialized

           instruction—and related services, if any—is provided, in a different

           setting.);

 

                              c. A special class (A student is placed in a classroom with other students

            with disabilities and the specialized instruction—and related services, if

            any—is provided there.);

 

                              d. A special school (A student is placed in a separate day school made up

            solely of students with disabilities and the specialized instruction—and

            related services, if any—is provided there for more than 50% of the day.);

 

                              e. Home instruction (A student is placed in the student’s home and

            specialized instruction—and related services, if any—is provided there.

            The IEP Team determines the amount of service time required for the

            student to make progress in the general curriculum and on IEP goals.); and

 

                               f. Instruction in hospitals and institutions (A student is placed in a hospital

            or institutional setting [often residential] made up solely of students with

            disabilities and the specialized instruction—and related services, if

            any—is provided there. The IEP Team determines the amount of

            service time required for the student to make progress in the general

            curriculum and on IEP goals.).

 

                           8. Legacy Preparatory Academy provides supplementary services, such as

                    resource or itinerant instruction, in conjunction with placement in the regular

                    education classroom, when needed.

 

                          9. In selecting the LRE, consideration is given to any potential harmful effects

                   on the student or on the quality of services that the student needs, and the

                   student is not removed from education in age-appropriate regular

                   classrooms solely due to needed modifications in the grade-level

                   curriculum.

 

k. NONACADEMIC SETTINGS, ACTIVITIES, AND SERVICES. 34 CFR §300.117; USBE SER III.U–V.

 

                           1. Legacy Preparatory Academy ensures that each student with a disability

                    participates with nondisabled students in the extracurricular services and

                    activities to the maximum extent appropriate to the student’s needs. This

                    includes meals, recess periods, counseling services, athletics,

                    transportation, health services, recreational activities, special interest

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

                    assistance to individuals with disabilities and employment of students,

                    including both employment by the Charter School and assistance in making

                    outside employment available, and other activities and services of the

                    Charter School.

 

                           2. Legacy Preparatory Academy ensures that each student with a disability

                    has the supplementary aids and services determined by the student’s IEP

                   Team to provide the nonacademic and extracurricular services and

                   activities in such a way that students with disabilities are given an equal

                   opportunity to participate. 34 CFR §300.107; USBE SER III.V.

 

                          3. A student with disabilities (under the age of 20) who has not graduated from

                   high school with a regular high school diploma, whose IEP Team

                   recommends participation, may not be denied the opportunity of

                   participation in public school programs or extracurricular activities solely

                   because of the student’s age unless the participation threatens the health or

                   safety of the student. The Charter School, in cooperation with the Utah

                   Department of Health shall establish criteria used to determine the health

                   and safety factor. UCA 53A-15-303.5.

 

L. PARENTAL CONSENT FOR INITIAL PLACEMENT AND PROVISION OF SERVICES. 34 CFR §300.300; USBE SER III.T.

 

                          1. In order for the IEP to be implemented and the special education services

                   the team has decided on to begin, written parental consent must be

                   obtained. If the parent(s) refuses consent for the provision of those

                   services, the Charter School may not implement the IEP and may not

                   access due process procedures.

 

                          2. Legacy Preparatory Academy does not use parent(s)’ refusal to consent to

                   one service or activity to deny the parent(s) or student any other service,

                   benefit, or activity of the Charter School, or to fail to provide a student with a

                   FAPE.

 

                         3. If, at any time subsequent to the initial provision of special education or

                  special education and related services, the parent(s) of a student with

                  disabilities or the adult student revokes consent in writing for the continued

                  provision of special education or special education and related services, the

                  Charter School:

 

                             a. Does not continue to provide special education or special education

           and related services to the students, but must provide Written Prior

           Notice to the parent(s) or the adult student before ceasing the provision

           of special education or special education and related services;

 

                             b. Does not use the due process procedures in order to obtain

           agreements or a ruling that the services may be provide to the student;

 

                             c. Is not considered in violation of the requirement to make FAPE

           available to the student, and

 

                             d. Is not required to convene an IEP Team meeting or develop an IEP for

           the student.

 

                         4. Consent means that the parent(s) understands that the granting of consent

                   is voluntary on the part of the parent(s) and may be revoked at any time. 34

                   CFR §300.9. If a parent(s) revokes consent, that revocation is not

                   retroactive, that is, it does not negate an action that occurred after consent

                   was given and before the consent was revoked.

 

M. DOCUMENTATION OF PARTICIPATION. 34 CFR §300.501; USBE SER IV.B.

 

                         1. All members of the IEP Team sign the IEP document indicating that they

                  participated in the development of the IEP. A parent(s)’s signature on the

                  IEP does not mean that the parent(s) is in full agreement with the content of

                  the IEP and does not abrogate the parent(s)’ right to access the IDEA

                  Procedural Safeguards. USBE SER III.E.11.

 

                          2. If the Charter School, despite at least two documented attempts, is

                   unsuccessful in having parental attendance at the meeting, the rest of the

                   IEP Team proceeds with the meeting.

 
                         3. Parent(s) or the adult student may participate via telephone conference or

                  video conference.

 

                         4. Parent(s) or the adult student is provided with a copy of the completed IEP

                  at no cost, and Written Prior Notice of the Charter School’s intent to

                  implement the program and services in the IEP. This Notice is embedded in

                  the IEP form. If the Charter School refuses to include in its offer of FAPE

                  (as detailed on the IEP) any goals, services, program modifications, or

                  other IEP content that the parent(s) has requested, a Written Prior Notice of

                  that refusal is provided to the parent(s).

 

N. CHANGES TO THE IEP. 34 CFR §300.324(a)(4,6); USBE SER III.I.2.

 

                        1. In making changes to the IEP after the annual IEP Team meeting for a

                 school year, the parent(s) of a student with a disability and Legacy

                 Preparatory Academy may agree not to convene an IEP meeting for the

                 purposes of making those changes and instead develop a written document

                 to amend or modify the student’s current IEP.

 

                        2. Changes may be made in a meeting or by amendment to the existing IEP,

                 at the request of any member of the IEP Team.

 

                        3. Changes may be needed if there is new information about the student’s

                 performance.

 

                        4. Amendments to the IEP without a team meeting may be made only with the

                agreement of the Charter School and the parent(s).

 

                           a. Amendments that are considered a minor change may be made without

          a team meeting. Minor changes are changes which do not affect the

          educational placement of the student, or do not add or remove a type of

          service. Minor changes include:

 

(1) Adding or removing a small number of accommodations or

modifications.

 

(2) Updating the participation code for state and district assessments.

 

(3) Adding or reducing a small amount of service time to a service that

is already listed on the IEP (including a related service). A small

amount of service time means a change in service time that does

not affect placement or the types of services provided.

 

(4) Adding an additional goal to an area that is already addressed on a

student’s IEP.

 

(5) A goal change that is the next logical step forward or backwards

and is based on the student’s progress.

 

(6) Adding objectives to goals that are on the student’s IEP.

 

(7) Adjusting the wording or criterion of a current goal to make it more

appropriate.

 

(8) Documenting a change in service time for a change in education

level (i.e. K to 1st or 6th to 7th) that does not result in a change of

placement.

 

                            b. If changes are considered a major change, an IEP Team meeting is

          held, with a Notice of Meeting to all team members. Major changes

          include:

 

(1) A move on the continuum of Least Restrictive Environment

placement options.

 

 (2) Adding or removing a large number of accommodations or

modifications.

 

(3) Adding service time/goals if the student has not previously received

the particular service during the past school year (including related

services).

 

(4) Reducing service time by eliminating a specific service area.

 

(5) Documenting a change in service time for a change in education

level (i.e. K to 1st or 6th to 7th) that results in a change of placement.

 

(6) Changing the student’s assessment participation to alternate

assessment (UAA/DLM).

 

                         5. Upon request, the parent(s) is provided with a copy of the IEP with the

                  amendments incorporated. The parent(s) is provided with Written Prior

                  Notice that these additional actions or changes in actions will be

                  implemented.

 

                         6. If changes are made to the student’s IEP through the amendment process,

                  the Charter School ensures that the student’s IEP Team, including teachers

                  and related service providers of the student, is informed of those changes.

 

0. IEP AND SERVICES FOR POSTSECONDARY STUDENTS.

    See Section VII—TRANSITIONS.

 

IV. PROCEDURAL SAFEGUARDS.

 

     Legacy Preparatory Academy, consistent with the requirements of Part B of the

     IDEA and the USBE Special Education Rules, has established, maintains, and

     implements Procedural Safeguards for students with disabilities and their parent(s)

     as described below.

 

          A. OPPORTUNITY FOR PARENTAL PARTICIPATION IN MEETINGS. 34 CFR §300.501; USBE SER IV.B.

 

Legacy Preparatory Academy affords parent(s) the opportunity to participate in

all decisions related to the location, identification, evaluation, and provision of

FAPE for their student, including decisions related to the Discipline

requirements of Part B of the IDEA. This includes arranging meetings at a

mutually convenient time and place, providing Notice of Meeting prior to a

scheduled meeting, and making at least two documented attempts to obtain

parental participation in meetings.

 

          B. INDEPENDENT EDUCATIONAL EVALUATION (IEE). 34 CFR §300.502; USBE SER IV.C.

 

                          1. An independent educational evaluation is an evaluation conducted by a

        qualified examiner who is not employed by or contracted with the Charter

        School responsible for the education of the student in question.

 

                          2. Legacy Preparatory Academy has established and implements the following

        policies and procedures related to independent educational evaluation that

        meet the requirements of Part B of the IDEA and the USBE SER.

 

                             a. The parent(s) of a student with a disability has the right to obtain an

 independent educational evaluation of the student at public expense if

 they disagree with an evaluation obtained by the Charter School.

 

                             b. Upon request for an independent educational evaluation, Legacy

 Preparatory Academy provides a copy of Legacy Preparatory

 Academy’s written criteria for IEEs, including information about what the

 Charter School will pay for, a list of potential evaluators, and, if

 available, the range of fees each evaluator charges. Legacy

 Preparatory Academy updates this list periodically to reflect any

 changes in fees and evaluators.

 

                              c. Additional criteria for the evaluation are that the evaluation procedures

 meet all of the same standards as those listed in Section II.D–H of this

 Policy and Procedures Manual.

 

                              d. If Legacy Preparatory Academy’s criteria include a monetary cap on

 IEEs, the criteria also allow parent(s) the opportunity to request a

 waiver in the student’s circumstance.

 

                              e. In addition, Legacy Preparatory Academy considers any other evaluator

 or agency proposed by the parent(s) to conduct the IEE if the examiner

 and the evaluation meet the Charter School’s criteria. A qualified

 examiner is one who meets the USBE criteria for qualified personnel as

 a special education teacher, school psychologist, psychologist with

 expertise in administration and analysis of assessments, or other

 equivalent qualifications as determined by the Charter School.

 

                               f. Legacy Preparatory Academy either pays for the full cost of the

 evaluation or ensures that the evaluation is otherwise provided at no

 cost to the parent(s).

 

                              g. When parent(s) requests an IEE, either the Charter School files a due

 process complaint to request a hearing to show that its evaluation is

 appropriate or it ensures that the independent educational evaluation is

 provided at public expense, unless the Charter School demonstrates in

 a hearing that the evaluation obtained by the parent(s) did not meet the

 Charter School criteria as described above. If a Due Process Hearing

 Officer finds the Charter School evaluation was appropriate, an IEE

 obtained by the parent(s) is considered by the team, but not at public

 expense.

 

                              h. Parent(s) is entitled to only one IEE at public expense each time the

 Charter School conducts an evaluation with which the parent(s)

 disagrees.

 

                              i. If the parent(s) obtains an IEE at public expense or shares an

evaluation obtained at private expense with Legacy Preparatory

Academy, the results of the evaluation, if it meets Charter School

criteria, are considered by the Charter School in any decision made

with respect to provision of a FAPE to the student.

 

                              j. Except for the criteria described above, Legacy Preparatory Academy

does not impose additional conditions or timelines related to obtaining

an IEE at public expense.

 

                          3. An independent educational evaluation conducted at the Charter School’s

        expense becomes the property of the Charter School, in its entirety.

 

c. WRITTEN PRIOR NOTICE. 34 CFR §300.503; USBE SER IV.D.

 

     Legacy Preparatory Academy provides Written Prior Notice to parent(s) a

     reasonable time before it proposes to initiate or change, or refuses to initiate or

     change the identification, evaluation, or provision of a free appropriate public

     education to the student.

 

                          1. The notice includes:

 

                              a. A description of the action proposed or refused;

 

                             b. An explanation of reasons for the proposal or refusal;

 

                             c. A description of evaluations or other information the proposal or refusal

           is based on;

 

                             d. A statement that the parent(s)s and eligible student have protection

           under the Procedural Safeguards and how to obtain a copy of the

           Safeguards;

 

                             e. Sources of assistance to understand Part B of the IDEA;

 

                             f. Description of other options the IEP Team considered and why the

           other options were rejected; and

                               
                             g. A description of other relevant factors to the proposal or refusal.

 

                        2. The notice must be:

 

                            a. Written in language understandable to the general public; and

 

                            b. Provided in the native language of the parent(s) or other mode of

          communication used by the parent(s), unless it is clearly not feasible to

          do so.

 

(1) If the native language or other mode of communication of the

parent(s) is not a written language, the Charter School takes steps

to ensure that:

 

(a) The notice is translated orally or by other means to the

parent(s) in his/her native language or other mode of

communication;

 

(b) The parent(s) understands the content of the notice; and

 

(c) There is written evidence that the requirements have been met.

 

D. PROCEDURAL SAFEGUARDS NOTICE. 34 CFR §300.504; USBE SER IV.E.

 

                       1. A copy of the Procedural Safeguards Notice is given to the parent(s) once a

                year at the annual IEP review, except that a copy also is given to the

                parent(s) upon initial referral or parental request for evaluation, upon receipt

                of the first State complaint or due process complaint in that school year,

                and upon request by the parent(s) at any time.

 
                        2. Legacy Preparatory Academy uses the USBE Procedural Safeguards

                 Notice that is posted on the USBE website http://www.schools.utah.gov

                 Legacy Preparatory Academy may place a current copy of the Procedural

                 Safeguards Notice on its website. USBE SER IV.E.2.

 

                        3. The special education teacher or case manager provides a brief

                  explanation of the main provisions of the Procedural Safeguards to the

                  parent(s) at consent for evaluation, eligibility determination, and annual IEP

                  meetings.

 

                        4. The WPN contains an explanation of the Procedural Safeguards related to:
 
                            a.Independent educational evaluations;

 

                            b. Written prior notice;

 

                            c. Parental access to educational records;

 

                            d. Opportunity to present and resolve complaints through State complaint

          or due process complaint procedures;

 

                            e. Opportunity for the Charter School to resolve the complaint;

 

                            f. Availability of mediation;

 

                            g. Student’s placement during pendency of hearings;

 

                            h. Procedures for students placed in an interim alternative educational

           setting;

 

                            i. Requirements for unilateral placement of student in private schools at

         public expense;

 

                            j. Hearings on due process complaints;

 

                            k. Civil actions; and

 

                            l. Attorney’s fees.

 

E. PARENTAL CONSENT. 34 CFR §300.300; USBE SER II.C., III.T., IV.F.

 

                       1. Informed written parental consent is obtained for evaluation and

                reevaluation, initial placement and provision of special education, and for

                release of records to certain parties.

 

                       2. Reasonable efforts to obtain informed consent are documented in writing.

 

                       3. No student receives special education or special education and related

                services without the signed Initial Consent for Placement contained in the

                student’s special education file.

 

                       4. Other relevant parental consent requirements are addressed in Sections II

                and III of this Policies and Procedures Manual.

 

F. DISPUTE RESOLUTION.

 

           Legacy Preparatory Academy follows the Dispute Resolution requirements of

           the USBE SER IV.G–U as written and accesses the USBE SER Dispute

           Resolution Manual for more in-depth information. The procedures address

           State Complaints, Mediation, Due Process Complaints, Resolution Process,

           Due Process Hearings, Civil Actions, Attorney’s Fees, and Student’s Status

           during Proceedings.

 

G. SURROGATE PARENTS. 34 CFR §300.519; USBE SER IV.V.

 

                      1. Legacy Preparatory Academy assigns a surrogate parent for a student

               under the age of majority when:

 

                          a. The parent(s) cannot be identified or cannot be located,

 

                          b. The parent(s)’ rights to make educational decisions has been taken

         away by a court,

 

                          c. The student is a ward of the state, or

 

                          d. The student is an unaccompanied homeless youth.
                              Legacy Preparatory Academy determines whether a student under the age

                   of majority needs a surrogate using information from the student’s

                   registration form and information from agencies involved with the student.

 

                      3. The Charter School assigns a surrogate after contacting the Utah Parent

               Center for assistance in obtaining names of trained surrogates.

 

                      4. Legacy Preparatory Academy ensures that a person selected as a

               surrogate parent:

   
                          a. Is not an employee of the USBE, the Charter School, or any other

        agency that is involved in the education or care of the student,

 

                          b. Has no personal or professional interest that conflicts with the interest

        of the student the surrogate parent represents, and

 

                          c. Has knowledge and skills that ensure adequate representation of the

        student.

 

                   5.   A person otherwise qualified to be a surrogate parent is not an employee of

              Legacy Preparatory Academy solely because he or she is paid by Legacy

              Preparatory Academy to serve as a surrogate parent.

 

                   6. In the case of a student who is an unaccompanied homeless youth,

            appropriate staff of emergency shelters, transition shelters, independent

            living programs, and street outreach programs may be appointed as

            temporary surrogates until a surrogate can be appointed that meets all of

            the above requirements.

 

                   7. The surrogate parent may represent the student in all matters relating to the

             identification, evaluation, and educational placement of the student, and the

             provision of a FAPE to the student.

 

                   8. The USBE and Charter School staff must make reasonable efforts to

            ensure the assignment of a surrogate parent not more than 30 calendar

            days after the Charter School determines that the student needs a

            surrogate.

 

H. CONFIDENTIALITY OF INFORMATION. USBE SER IV.X; R277-487.

   Legacy Preparatory Academy takes appropriate steps to ensure the protection

   of the confidentiality of any personally identifiable data, information, and records

   it collects or maintains related to Part B of the IDEA.

 
                   1. Definitions. As used in the Procedural Safeguards:

 

                       a. Destruction means physical destruction or removal of personal

      identifiers from information so that the information is no longer

      personally identifiable.

 

                       b. Education records means the type of records covered under the

     definition of ‘‘education records’’ in 34 CFR §99, implementing

     regulations for the Family Educational Rights and Privacy Act of 1974,

     20 USC 1232g (FERPA).

 

                       c. Participating agency means any agency or institution that collects,

     maintains, or uses personally identifiable information, or from which

     information is obtained, under Part B of the IDEA.

 

                  2. Access rights.

 

                       a. Legacy Preparatory Academy permits the parent(s) to inspect and

     review any education records relating to their student that are collected,

     maintained, or used by the Charter School. Legacy Preparatory

     Academy complies with a request without unnecessary delay and

     before any meeting regarding an IEP, or any hearing, or resolution

     session, and in no case more than 45 calendar days after the request

     has been made.

 

                       b. The right to inspect and review education records includes the right to:

 

(1) A response from the Charter School to reasonable requests for

explanations and interpretations of the records;

 

(2) Request that the Charter School provide copies of the records

containing the information if failure to provide those copies would

effectively prevent the parent(s) from exercising the right to inspect

and review the records; and

 

(3) Have a representative of the parent(s) inspect and review the

records.

 

                       c. Legacy Preparatory Academy may presume that the parent(s) has

     authority to inspect and review records relating to his or her student

     unless the school has been advised that the parent(s) does not have

     the authority under applicable State law governing such matters as

     guardianship, separation, and divorce.

 

                 3. Record of access. 34 CFR §300.614; USBE SER IV.X.5.

         

          Legacy Preparatory Academy keeps a record of parties obtaining access to

          education records collected, maintained, or used under Part B of the IDEA

          (except access by parent(s), adult student, and authorized employees of

          the Charter School) in each student’s special education file, including the

          name of the party, the date access was given, and the purpose for which

          the party is authorized to use the records.

 

                4. Records on more than one student. 34 CFR §300.615; USBE SER IV.X.6.

 

          If any education record includes information on more than one student, the

          parent(s) of those students or the adult student has the right to inspect and

          review only the information relating to their student or themselves or to be

          informed of that specific information.

 

                5. List of types and locations of information. 34 CFR §300.616; USBE SER IV.X.7.
 
                    On request, Legacy Preparatory Academy provides the parent(s) with a list
                    of the types and locations of education records collected, maintained, or
                    used by the Charter School. This list is maintained in the main office at
                    Legacy Preparatory Academy.

 

                6. Fees. 34 CFR §300.617; USBE SER IV.X.8.

 

         Legacy Preparatory Academy may charge a fee for copies of records that

         are made for the parent(s) under Part B of the IDEA if the fee does not

         effectively prevent the parent(s) from exercising their right to inspect and

         review those records; however, it may not charge a fee to search for or to

         retrieve information under Part B of the IDEA.

 

                7. Amendment of records at parent(s)’ request. 34 CFR §300.618; USBE SER IV.X.9.

 

                     a. Parent(s) or the adult student who believe that information in the
                         education records collected, maintained, or used under Part B of the
                         IDEA or USBE SER is inaccurate or misleading or violates the privacy
                         or other rights of the student may request the Charter School that
                         maintains the information to amend the information.

 

                     b. The Charter School must decide whether to amend the information

    within a reasonable period of time of receipt of the request. If the

    Charter School decides to refuse to amend the information, it must

    inform the parent(s) of the refusal and advise the parent(s) of the right

    to a hearing on the matter.

 

                8. Opportunity for a hearing. 34 CFR §300.619; USBE SER IV.X.10.

 

                     a. The Charter School, on request, provides an opportunity for a hearing

    to challenge information in education records to ensure that it is not

    inaccurate, misleading, or otherwise in violation of the privacy or other

    rights of the student.

 

                     b. This hearing is not an IDEA due process complaint hearing.

 

                 9. Result of hearing. 34 CFR §300.620; USBE SER IV.X.11.

 

                     a. If, as a result of the hearing, the Charter School decides that the

   information is inaccurate, misleading, or otherwise in violation of the

   privacy or other rights of the student, it must amend the information

   accordingly and so inform the parent(s) in writing.

 

                     b. If, as a result of the hearing, the Charter School decides that the

   information is not inaccurate, misleading, or otherwise in violation of the

   privacy or other rights of the student, it must inform the parent(s) of the

   right to place in the records it maintains on the student a statement

   commenting on the information or setting forth any reasons for

   disagreeing with the decision of the Charter School.

 

                     c. Any explanation placed in the records of the student under this section

   must be maintained by the Charter School as part of the records of the

   student as long as the record or contested portion is maintained; and if

   the records of the student or the contested portion is disclosed by the

   Charter School to any party, the explanation must also be disclosed to

   the party.

 

               10. Hearing procedures. 34 CFR §300.621; USBE SER IV.X.12.

 

           A hearing that challenges education records is conducted according to

           procedures under 34 CFR §99.22 as described below.

 

                     a. The hearing shall be held within a reasonable period of time after the

   Charter School receives the request, and the parent(s) of the student is

   given notice of the date, place, and time reasonably in advance of the

   hearing.

 

                     b. The hearing may be conducted by any party, including an official of the

    Charter School, who does not have a direct interest in the outcome of

    the hearing.

 

                     c. The parent(s) of the student is afforded a full and fair opportunity to

    present evidence relevant to the issues raised and may be assisted or

    be represented by an individual of their choice at their own expense,

    including an attorney.

 

                     d. The Charter School shall make its decision in writing within a

    reasonable period of time after the conclusion of the hearing.

 

                     e. The decision of the Charter School shall be based solely upon the

    evidence presented at the hearing, and shall include a summary of the

    evidence and the reasons for the decision.

 

               11. Consent for disclosure of records. 34 CFR §300.622; USBE SER IV.X.13.

 

                     a. Except as to disclosures addressed in referral to and action by law

   enforcement and judicial authorities, for which parental consent is not

   required by 34 CFR §99, parental consent is obtained before personally

   identifiable information is;

 

  (1) Disclosed to anyone other than officials of participating agencies

       collecting or using the information under Part B of the IDEA or

       USBE SER, or

 

  (2) Used for any purpose other than meeting a requirement of Part B of

        the IDEA or USBE SER.

 

                     b. Legacy Preparatory Academy does not release information from

              education records to participating agencies without parental consent

              unless authorized to do so by 34 CFR §99.31 and §99.34 (FERPA):

 

   (1) Regulation 34 CFR §99.31 allows the Charter School to disclose

        personally identifiable information from the education records of a

        student without the written consent of the parent(s) of the student or

        the adult student, if the disclosure is:

 

(a) To other school officials, including teachers within the Charter

School who have been determined by the Charter School to

have legitimate educational interests, and

 

(b) To officials of another school or school site in which the student

seeks or intends to enroll, subject to the requirements set forth

in 34 CFR §99.34 below.

 

 (2) Regulation 34 CFR §99.34 requires that the Charter School

      transferring the education records of a student pursuant to 34 CFR

                            §99.31 above shall make a reasonable attempt to notify the

      parent(s) of the student or the adult student, except that the Charter

      School does not have to provide any further notice of the transfer of

      records when:

 

                           (a) The transfer is initiated by the parent(s) at the sending school, or

 

                           (b) The Charter School includes in its annual notice of Procedural

                                 Safeguards, that it is the policy of the Charter School to forward

 education records on request of a school in which a student

 seeks or intends to enroll.

 

                    c. The Charter School transferring the records keeps a copy of the

              records for three years after the transfer.

 

                   d. A Charter School receiving personally identifiable information from

            another educational agency or institution may make further disclosure

            of the information on behalf of the Charter School without the prior

            written consent of the parent(s) if the conditions of 34 CFR §99.31 and

                      §99.34 noted above are met, and if the educational agency informs the

            part to whom disclosure is made of these requirements.

 

                  e. If the parent(s) refuses consent for the release of personally identifiable

           information to a third party, then that party may proceed with statutory

           procedures in an effort to obtain the desired information.

 

           Note: As authorized in 34 CFR §99.31 (FERPA), Utah Local

           Educational Agencies include in the annual Procedural Safeguards

           Notice that it is their policy to forward educational records of a student

           with disabilities without parental consent or notice to officials of another

           school or school district in which a student seeks or intends to enroll.

 

                  f. If the parent(s) revokes consent in writing for the student’s receipt of

          special education or special education and related services, the Charter

          School is not required to amend the student’s education record to

          remove any references to the student’s receipt of special education or

          special education and related services because of the revocation of

          consent.

 

              12. Safeguards. 34 CFR §300.324; USBE SER IV.X.14.

 

                    a. Legacy Preparatory Academy protects the confidentiality of personally

             identifiable information at collection, storage, disclosure, and

             destruction stages.

 

                   b. The director of Legacy Preparatory Academy assumes responsibility for

             ensuring the confidentiality of any personally identifiable information.

 

                   c. Staff members at Legacy Preparatory Academy who collect or use

            personally identifiable information receive training or instruction

            regarding the State’s policies and procedures in USBE SER IV.X and

            34 CFR §99 on an annual basis.


                   d. Legacy Preparatory Academy maintains, for public inspection, an

            Access Authorization List, that is a current listing of the names and

            positions of those employees within the school who may have access to

            personally identifiable information on students with disabilities. This list,

            which is updated annually, is posted on the locked cabinet in which

            students’ special education files are maintained.

 

              13. Destruction of information. 34 CFR §300.324; USBE SER IV.X.15.

 

         Legacy Preparatory Academy informs parent(s) when personally identifiable

         information collected, maintained, or used under Part B of the IDEA and

         USBE Special Education Rules is no longer needed to provide educational

         services to the student. Information no longer needed must be destroyed at

         the request of the parent(s). However, a permanent record of a student’s

         name, address, and phone number, the student’s grades, attendance

         record, classes attended, grade level completed, and year completed may

         be maintained without time limitation. Each student’s records may be

         considered “no longer needed to provide educational services” and may be

         destroyed three years after the student graduates or three years after the

         student turns 22.

 

              14. Students’ rights.

 

         The rights of privacy afforded to parent(s) are transferred to the student

         who reaches the age of 18, providing the student has not been declared

         incompetent by a court order, including the rights with regard to education

         records.

 

V. DISCIPLINE PROCEDURES. 34 CFR §300.530; USBE SER V.

 

              A. DISCIPLINE PROCEDURES FOR STUDENTS WITH DISABILITIES. USBE SER V.A.

 

                   Consistent with the requirements of Part B of the IDEA and USBE Special     

                   Education Rules, as well as applicable USBE Rules, Legacy Preparatory

                   Academy establishes, maintains, and implements the following policies and

                   procedures for disciplining students with disabilities.

 

              B. AUTHORITY OF SCHOOL PERSONNEL. 34 CFR §300.530(a–c); USBE SER V.B.
 
                   1. School personnel may consider any unique circumstances on a case-bycase
                       basis when determining whether a change in placement, consistent

 with the other requirements of this section, is appropriate for a student with

 a disability who violates a code of student conduct.

 

                   2. School personnel may remove a student with a disability who violates a

 code of student conduct from the student’s current placement to an

 appropriate interim alternative educational setting, another setting, or

 suspension, for not more than ten consecutive school days (to the extent

 those alternatives are applied to students without disabilities), and for

 additional removals of not more than ten consecutive school days in that

 same school year for separate incidents of misconduct, as long as those

 removals do not constitute a change of placement.

 

                   3. After a student with a disability has been removed from the student’s

 current placement for ten school days in the same school year, during any

 subsequent days of removal the Charter School provides services to the

 extent required.

 

                   4. For disciplinary changes in placement that would exceed ten consecutive

 school days, if the behavior that gave rise to the violation of the school code

 is determined not to be a manifestation of the student’s disability, school

 personnel may apply the relevant disciplinary procedures to students with

 disabilities in the same manner and for the same duration as the

 procedures would be applied to students without disabilities, except after

 the tenth day of removal that constitutes a change in placement, the

 Charter School provides services to the student.

 

C. SERVICES. 34 CFR §300.530(d); USBE SER V.C.
   
                  1. A student with a disability who is removed from the student’s current

           placement must:

 

                      a. Continue to receive educational services, so as to enable the student to

     continue to participate in the general education curriculum, although in

     another setting, and to progress toward meeting the goals set out in the

     student’s IEP; and

 

                      b. Receive, as appropriate, a functional behavioral assessment, and

    behavioral intervention services and modifications that are designed to

    address the behavior violation so that it does not recur.

 

                 2. The services may be provided in an interim alternative educational setting

          (IAES).

 

                 3. Legacy Preparatory Academy is only required to provide services during

          periods of removal to a student with a disability who has been removed

          from the student’s current placement for ten school days or less in that

          school year, if it provides services to a student without disabilities who is

          similarly removed.

 

                4. After a student with a disability has been removed from the student’s

         current placement for ten school days in the same school year, if the

         current removal is for not more than ten consecutive school days and is not

         a change of placement, school personnel, in consultation with at least one

         of the student’s teachers, determine the extent to which services are

         needed, so as to enable the student to continue to participate in the general

         education curriculum, although in another setting, and to progress toward

         meeting the goals set out in the student’s IEP.

 
                5. If the removal is a change of placement, the student’s IEP Team

         determines appropriate services to be provided during the removal.

 

D. CHANGE OF PLACEMENT DUE TO DISCIPLINARY REMOVALS. 34 CFR §300.536; USBE SER V.D.

 

               1. For purposes of removals of a student with a disability from the student’s
                   current educational placement, a change of placement occurs if:

 

                   a. The removal is for more than ten consecutive school days; or

 

                   b. The student has been subjected to a series of removals that constitute

  a pattern:

 

                       (1) Because the series of removals total more than ten school days in

                            a school year;

 

                       (2) Because the student’s behavior is substantially similar to the

                            student’s behavior in previous incidents that resulted in the series

                            of removals; and

 

                       (3) Because of such additional factors as the length of each removal,

                            the total amount of time the student has been removed, and the

                            proximity of the removals to one another.

 

               2. The Charter School determines on a case-by-case basis whether a pattern

        of removals constitutes a change of placement. This determination is

        subject to review through due process and judicial proceedings.

 

E. MANIFESTATION DETERMINATION. 34 CFR §300.530(e–f); USBE SER V.E.
 
               1. Within ten school days of any decision to change the placement of a

         student with a disability because of a violation of a code of student conduct,

         a representative of the Charter School, the parent, and relevant members of

         the student’s IEP Team (as determined by the parent(s) and the Charter

         School) reviews all relevant information in the student’s file, including the

         student’s IEP, any teacher observations, and any relevant information

         provided by the parent(s) to determine:

 

                    a. If the conduct in question was caused by, or had a direct and

  substantial relationship to, the student’s disability; or

 

                    b. If the conduct in question was the direct result of the Charter School’s

  failure to implement the IEP.

 

               2. The conduct must be determined to be a manifestation of the student’s

         disability if the representative of the Charter School, the parent(s), and

         relevant members of the student’s IEP Team determine that the misconduct

         was caused by or had a direct and substantial relationship to the student’s

         disability, or was the direct result of the Charter School’s failure to

         implement the IEP.

 

                3. If the Charter School, the parent(s), and relevant members of the student’s

         IEP Team determine that the misconduct was the direct result of the

         Charter School’s failure to implement the IEP, the Charter School must take

         immediate steps to remedy those deficiencies.

 

                4. If the representative of the Charter School, the parent(s), and relevant

         members of the IEP Team make the determination that the conduct was a

         manifestation of the student’s disability, the IEP Team must either:

 
                    a. Conduct a functional behavioral assessment (FBA), unless the Charter

  School had conducted a functional behavioral assessment before the

  behavior that resulted in the change of placement occurred, and

  implement a behavioral intervention plan (BIP) for the student; or

 

                    b. If a behavioral intervention plan already has been developed, review

  the behavioral intervention plan, and modify it, as necessary, to address

  the behavior; and

 

                    c. Unless the misconduct falls under the definition of special

  circumstances in Rule V.E.5, return the student to the placement from

  which the student was removed, unless the parent(s) and the Charter

  School agree to a change of placement as part of the modification of

  the behavioral intervention plan.

 

                5. Special circumstances. 34 CFR §300.530(g); USBE SER V.E.5.

         School personnel may remove a student to an interim alternative

         educational setting for not more than 45 school days without regard to

         whether the behavior is determined to be a manifestation of the student’s

         disability, if the student:

 

                    a. Carries a weapon to or possesses a weapon at school, on school

  premises, or to or at a school function under the jurisdiction of the

  Charter School;

 

                    b. Knowingly possesses or uses illegal drugs, or sells or solicits the sale of

  a controlled substance, while at school, on school premises, or at a

  school function under the jurisdiction of the Charter School, or

 

                    c. Has inflicted serious bodily injury upon another person while at school,

  on school premises, or at a school function under the jurisdiction of the

  Charter School.

 

                    d. Definitions.

   For purposes of this section, the following definitions apply:

 

                        (1) Controlled substance means a drug or other substance that cannot

                              be distributed without a prescription, identified under schedules I, II,

                              III, IV, or V in section 202(c) of the Controlled Substances Act (21

                              USC 812(c)).

 

                        (2) Illegal drug means a controlled substance but does not include a

                             drug controlled, possessed, or used under the supervision of a

                             licensed health-care professional or one legally possessed or used

                             under the Controlled Substances Act or under any other provision

                             of Federal law (21 USC 812).

 

                        (3) Serious bodily injury means bodily injury that involves a substantial

                              risk of death, extreme physical pain, protracted and obvious

                              disfigurement, or protracted loss or impairment of the function of a

                              bodily member, organ, or mental faculty (18 USC 1365). Serious

                              bodily injury does not include a cut, abrasion, bruise, burn,

                              disfigurement, physical pain, illness, or impairment of the function

                              of a bodily member, organ or mental faculty that is temporary (20

                              USC 1365).

 

                         (4) Weapon means a weapon, device, instrument, material, or

                               substance, animate or inanimate, that is used for or is readily

                               capable of, causing death or serious bodily injury, except that such

                               term does not include a pocket knife with a blade of less than 2.5

                               inches (18 USC 930).

 

F. PROCEDURAL SAFEGUARDS NOTICE. 34 CFR §300.530(h); USBE SER V.F.

 

  On the date on which the decision is made to make a removal that constitutes a

  change of placement of a student with a disability because of a violation of a

  code of student conduct, the LEA must notify the parent(s) of that decision, and

  provide the parent(s) the Procedural Safeguards notice.

 

G. DETERMINATION OF SETTING. 34 CFR §300.531; USBE SER V.G.

 

   The student’s IEP Team determines the interim alternative educational setting

   (IAES) for services if the behavior that gives rise to the removal is not a

   manifestation of the student’s disability, the removal constitutes a change of

   placement, or the behavior falls under the special circumstances in Rule V.E.5.

 

I. APPEALS BY PARENT(S) OR LEA. 34 CFR §300.532; USBE SER V.H.

 

               1. The parent(s) of a student with a disability who disagrees with any decision

        regarding placement or the manifestation determination, or an LEA that

        believes that maintaining the current placement of the student is

        substantially likely to result in injury to the student or others, may appeal the

        decision by filing a due process hearing complaint.

 

               2. Authority of hearing officer.

 

                   a. A due process hearing officer hears, and makes a determination

 regarding an appeal.

 

                   b. In making the determination, the hearing officer may:
 
                       (1) Return the student with a disability to the placement from which the
                            student was removed if the hearing officer determines that the
                            removal was a violation of the discipline procedures under Part B of
                            the IDEA or these Rules or that the student’s behavior was a
                            manifestation of the student’s disability; or

 

                       (2) Order a change of placement of the student with a disability to an

                             appropriate interim alternative educational setting (IAES) for not

                             more than 45 school days if the hearing officer determines that

                             maintaining the current placement of the student is substantially

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

 

                   c. The appeal procedures may be repeated if the Charter School believes

  that returning the student to the original placement is substantially likely

  to result in injury to the student or to others.

 

               3. Expedited due process hearing.

 

                    a. Whenever a hearing is requested, the parent(s) or the Charter School

   involved in the dispute must have an opportunity for an impartial due

   process hearing.

 

                    b. The Charter School is responsible for arranging the expedited due

  process hearing with the State Director of Special Education, which

  must occur within 20 school days of the date the complaint requesting

  the hearing is filed. The hearing officer must make a determination

  within ten school days after the hearing.

 

                    c. Unless the parent(s) and the Charter School agree in writing to waive

  the resolution meeting, or agree to use mediation:

 

                        (1) A resolution meeting must occur within seven calendar days of

                             receiving notice of the due process complaint; and

 

                        (2) The due process hearing may proceed unless the matter has been

                              resolved to the satisfaction of both parties within 15 calendar days

                              of the receipt of the due process complaint.

 

                      d. The decisions on expedited due process hearings are appealable.

 

I. PLACEMENT DURING APPEALS. 34 CFR §300.533; USBE SER V.I.

 

    When an appeal through a due process complaint has been made by either the

    parent(s) or the LEA, the student must remain in the interim alternative

    educational setting pending the decision of the hearing officer or until the

    expiration of the time period specified, whichever occurs first, unless the

    parent(s) and the SEA or LEA agree otherwise.

 

J. PROTECTIONS FOR STUDENTS NOT DETERMINED ELIGIBLE FOR SPECIAL EDUCATION OR SPECIAL        EDUCATION AND RELATED SERVICES. 34 CFR §300.534; USBE SER V.J.

 

                1. A student who has not been determined to be eligible for special education

         or special education and related services under Part B of the IDEA, and

         who has engaged in behavior that violated a code of student conduct, may

         assert any of the protections provided for in this part if the Charter School

         had knowledge that the student was a student with a disability before the

         behavior that precipitated the disciplinary action occurred.

 

                2. A Charter School must be deemed to have knowledge that a student is a

         student with a disability if, before the behavior that precipitated the

         disciplinary action occurred:

 

                    a. The parent(s) of the student expressed concern in writing to supervisory

   or administrative personnel of the appropriate Charter School, or a

   teacher of the student, that the student is in need of special education

   or special education and related services;

 

                    b. The parent(s) of the student requested an evaluation of the student; or

 

                    c. The teacher of the student, or other personnel of the Charter School,

   expressed specific concerns about a pattern of behavior demonstrated

   by the student directly to the director of special education of the Charter

   School or to other supervisory personnel of the Charter School.

 

                 3. A Charter School would not be deemed to have knowledge that a student is

          a student with a disability if:

 

                     a. The parent(s) of the student:

 

                         (1) Has not allowed an evaluation of the student; or

 

                         (2) Has refused services under this part; or

 

                     b. The student has been evaluated in accordance with and determined to

    not be a student with a disability under Part B of the IDEA.

 

                 4. If a Charter School does not have knowledge that a student is a student

          with a disability prior to taking disciplinary measures against the student,

          the student may be subjected to the disciplinary measures applied to

          students without disabilities who engage in comparable behaviors.

 

                     a. If a request is made for an evaluation of a student during the time

   period in which the student is subjected to disciplinary measures, the

   evaluation must be conducted in an expedited manner.

 

                        (1) Until the evaluation is completed, the student remains in the

                              educational placement determined by school authorities, which can

                              include suspension or expulsion without educational services.

 

                         (2) If the student is determined to be a student with a disability, taking

                               into consideration information from the evaluation conducted by the

                               Charter School and information provided by the parent(s), the

                               Charter School must provide special education or special education

                               and related services.

 

K. REFERRAL TO AND ACTION BY LAW ENFORCEMENT AND JUDICIAL AUTHORITIES. 34 CFR §300.535; USBE SER V.K.

 

                1. Nothing in Part B of the IDEA prohibits a Charter School from reporting a

         crime committed by a student with a disability to appropriate authorities or

         prevents State law enforcement and judicial authorities from exercising their

         responsibilities with regard to the application of Federal and State law to

         crimes committed by a student with a disability.

 

                 2. Transmittal of records.

 

                      a. A Charter School reporting a crime committed by a student with a

    disability must ensure that copies of the special education and

    disciplinary records of the student are transmitted for consideration by

    the appropriate authorities to whom the LEA reports the crime.

 

                      b. A Charter School reporting a crime under this section may transmit

    copies of the student’s special education and disciplinary records only

    to the extent that the transmission is permitted by the Family

    Educational Rights and Privacy Act.

 

VI. STUDENTS WITH DISABILITIES IN OTHER SETTINGS.

 

            A. PRIVATE SCHOOL PLACEMENTS BY LEAs. 34 CFR §300.325; USBE SER VI.A.

 

                   1. Developing IEPs.

 

                       a. Before Legacy Preparatory Academy places a student with a disability
                           in, or refers a student to, a private school or facility, Legacy Preparatory
                           Academy must initiate and conduct a meeting to develop an IEP for the
                           student in accordance with Part B of the IDEA and these Rules.

 

                        b. Legacy Preparatory Academy ensures that a representative of the
                            private school or facility attends the meeting. If the representative
                            cannot attend, Legacy Preparatory Academy uses other methods to
                            ensure participation by the private school or facility, including individual
                            or conference telephone calls.

 

                   2. Reviewing and revising IEPs.

 

                       a. After a student with a disability is placed in a private school or facility,
                           any meetings to review and revise the student’s IEP may be initiated
                           and conducted by the private school or facility at the discretion of the
                           Charter School.

 

                       b. If the private school or facility initiates and conducts these meetings, the
                           Charter School must ensure that the parent(s) and a Charter School
                           representative:

 

                          (1) Are involved in any decisions about the student’s IEP; and

 

                          (2) Agree to any proposed changes in the IEP before those changes

                                are implemented.

 

                   3. Even if a private school or facility implements a student’s IEP, responsibility

 for compliance with this part remains with the Charter School and the USBE.

 

                   4. Residential placement. 34 CFR §300.104; USBE SER VI.A.4.

 If placement in a public or private residential program is necessary to

 provide special education and related services to a student with a disability,

 the program, including non-medical care and room and board, must be at

 no cost to the parent(s) of the student.

 

B. STUDENTS WITH DISABILITIES ENROLLED BY THEIR PARENT(S) IN PRIVATE SCHOOLS WHEN FAPE IS AT ISSUE. 34 CFR §300.148; USBE SER VI.C.
 
                  1. A Charter School is not required to pay for the cost of education, including

           special education or special education and related services, of a student

           with a disability at a private school or facility if that Charter School made a

           FAPE available to the student and the parent(s) elected to place the student

           in a private school or facility.

 

                  2. Disagreements between the parent(s) and the Charter School regarding the

           availability of a program appropriate for the student, and the question of

           financial reimbursement, are subject to the State complaint and due

           process procedures in USBE SER IV.G-R.

 

                 3. If the parent(s) of a student with a disability, who previously received

          special education or special education and related services under the

          authority of a Charter School, enroll the student in a private elementary

          school or secondary school without the consent of or referral by the Charter

          School, a court or a hearing officer may require the Charter School to

          reimburse the parent(s) for the cost of that enrollment if the court or hearing

          officer finds that the Charter School had not made a FAPE available to the

          student in a timely manner prior to that enrollment and that the private

          placement is appropriate. A parental placement may be found to be

          appropriate by a hearing officer or a court even if it does not meet the State

          standards that apply to education provided by the USBE and Charter

          Schools.

 

                 4. The cost of reimbursement may be reduced or denied if:

 

                      a. At the most recent IEP Team meeting that the parent(s) attended prior

    to removal of the student from the public school, the parent(s) did not

    inform the IEP Team that they were rejecting the placement proposed

    by the Charter School to provide a FAPE to their student, including

    stating their concerns and their intent to enroll their student in a private

    school at public expense; or

 

                     b. At least ten business days (including any holidays that occur on a

   business day) prior to the removal of the student from the public school,

   the parent(s) did not give written notice to the Charter School of the

   information described in USBE SER VI.C.4.a;

 

                     c. Prior to the parent(s)’ removal of the student from the public school, the

   Charter School informed the parent(s), through the written prior notice

   requirements of its intent to evaluate the student (including a statement

   of the purpose of the evaluation that was appropriate and reasonable),

   but the parent(s) did not make the student available for the evaluation;

   or

 

                     d. Upon a judicial finding of unreasonableness with respect to actions

   taken by the parent(s).

 

                5. Notwithstanding the requirements for parent(s) to provide notice to the

         Charter School prior to removal of the student, the cost of reimbursement:

 

                    a. Must not be reduced or denied for failure to provide the notice if:

 

                        (1) The school prevented the parent(s) from providing the notice;

 

                        (2) The parent(s) had not received written prior notice of the notice

                              requirement in USBE SER VI.C.4.a–b; or

 

             (3) Compliance with the notice requirements in USBE SER VI.C.4.a–c

                   would likely result in physical harm to the student; and

 

                   b. May, in the discretion of the court or a hearing officer, not be reduced or

 denied for failure to provide this notice if:

 

                      (1) The parent(s) is not literate or cannot write in English; or

 

                      (2) Compliance with USBE SER VI.C.4.a–c would likely result in

serious emotional harm to the student.

 

VII. TRANSITIONS. 34 CFR §300.1; USBE SER VII.B.

 

      A. TRANSITION SERVICES—SCHOOL TO POST-SCHOOL

 

               1. Purpose. 34 CFR §300.1; USBE SER VII.B.1.

 

                    a. To ensure that all students with disabilities have available to them a
                        free appropriate public education that emphasizes special education or
                        special education and related services designed to meet their unique
                        needs and prepare them for further education, employment, and
                        independent living.

 

               2. Definition. 34 CFR §300.43; USBE SER VII.B.2.

 

                   a. Transition services means a coordinated set of activities for a student
                       with a disability that:

 

                       (1) Is designed to be within a results-oriented process that is focused

                            on improving the academic and functional achievement of the

                            student with a disability, to facilitate the student’s movement from

                            school to post-school activities, including post-secondary

                            education, vocational education, integrated employment (including

                            supported employment), continuing and adult education, adult

                            services, independent living, or community participation;

 

                       (2) Is based on the individual student’s needs, taking into account the

                            student’s strengths, preferences, and interests, and includes:

 

                           (a) Instruction,

 

                           (b) Related services,

 

                           (c) Community experiences,

 

                           (d) Post-school adult living objectives, and

 

                           (e) If appropriate, acquisition of daily living skills and provision

                                of a functional vocational evaluation.

 

                  b. Transition services for students with disabilities may be special
                      education, if provided specially designed instruction, or a related
                      service, if required to assist a student with a disability to benefit from
                      special education.

 

               3. Parent(s) Participation. 34 CFR §300.322; USBE SER VII.B.3.

 

                   a. For a student with a disability beginning not later than the IEP
                       developed when the student is 14 years old, or younger if determined
                       appropriate by the IEP Team, the Notice of Meeting indicates that:

 

                       (1) A purpose of the meeting is the consideration of the postsecondary

                            goals and transition services for the student,

 

                       (2) Legacy Preparatory Academy will invite the student, and

 

                       (3) Identifies any other agency that will be invited, with the consent of

                            the parent(s), to send a representative.

 

                   b. If the student does not attend the IEP meeting, Legacy Preparatory
                       Academy takes other steps to ensure that the student’s preferences

and interests are considered.

 

               4. Definition of IEP. 34 CFR §300.320.b; USBE SER VII.B.5.

 

                  a. Transition services. Beginning not later than the first IEP developed
                      when the student is 14 years of age, or younger if determined
                      appropriate by the IEP Team, and updated annually thereafter, the IEP
                      includes:

 

                     (1) Present levels of academic achievement and functional

                          performance based on age-appropriate transition assessment(s);

 

                     (2) Realistic and reasonable measurable postsecondary goals,

                          including academic and functional goals, based upon age appropriate

                          transition assessments related to training or education,

                          employment, and, where appropriate, independent living skills;

 

                     (3) The transition services, including courses of study, needed to assist

                           the student in reaching the student’s post-secondary goals;

 

                     (4) Evidence that the student was invited to the IEP Team meeting

                          where transition services are to be discussed; and

 

                     (5) Any modifications to graduation requirements, as permitted under

                          R277-700.

 

                  b. Students with disabilities must have access to school counselors for the
                      purpose of planning and must be actively invited and included (when
                      appropriate) in school activities which address course planning
                      (including online courses), graduation, and post-secondary education
                      and employment (i.e., college week, scholarship opportunities, ACT,
                      and concurrent enrollment).

 

              5. Transfer of rights at age of majority. 34 CFR §§300.320(c), 520; USBE SER VII.B.6.

 

                  a. Beginning not later than the student’s 17th birthday, the IEP must
                      include a dated statement, signed by the student, parent(s), and a
                      Charter School Representative, that the student and the student’s
                      parent(s) have been informed of the parent(s)’ rights under Part B of the
                      IDEA that will transfer to the student on reaching the age of majority
                      (i.e., age 18), except for a student with a disability who has been
                      determined to be incompetent by a court. These rights include:

 

                      (1) An adult student has the right to approve the student’s own

                           educational placement and participate in development of the

                           Individualized Education Program (IEP) without help from parent(s),

                           family, or special advocates.

 

                      (2) An adult student has the right to allow parent(s), family, or special

                           advocates to help if the student so desires.

 

                  b. Legacy Preparatory Academy provides any notice required by Part B of the IDEA and these Rules to both the                        student and the parent(s).

 

                  c. All rights accorded to parent(s) under Part B of the IDEA transfer to the student.

                     All rights accorded to parent(s) under Part B of the IDEA transfer to students who are incarcerated in an adult                         or juvenile, State or local correctional institution.

 

              6. Termination of eligibility as a change of placement. 34 CFR §300.305; USBE SER VII.B.7.

 

                  a. An evaluation is not required before the termination of a student’s
                      eligibility due to graduation from secondary school with a regular high
                      school diploma, or due to exceeding the age of eligibility for FAPE
                      under Utah law.

 

                  b. For a student whose eligibility terminates due to graduation from
                      secondary school with a regular diploma, or due to exceeding the age
                      of eligibility for FAPE under Utah law, the Charter School provides the
                      student with a summary of the student’s academic achievement and
                      functional performance, including recommendations on how to assist
                      the student in meeting the student’s postsecondary goals.
 
                  c. Receipt of a general educational development credential (GED) does

not end eligibility for FAPE.

 

              7. Failure to meet transition objectives. 34 CFR §300.324; USBE SER VII.B.8.

 

                  a. If a participating agency other than the Charter School fails to provide
                      the transition services described in the IEP, Legacy Preparatory
                      Academy must reconvene the IEP Team to identify alternative
                      strategies to meet the transition objectives for the student set out in the IEP.

 

                  b. Nothing relieves any participating agency, including a State vocational
                      rehabilitation agency, of the responsibility to provide or pay for any
                      transition service that the agency would otherwise provide to students
                      with disabilities who meet the eligibility criteria of that LEA.

 

                  c. If any public agency other than an educational agency is otherwise
                      obligated under Federal or State law, or assigned responsibility under
                      State policy or an interagency agreement, to provide or pay for any
                      services that are also considered special education or related services
                      such as, but not limited to, services relating to assistive technology
                      devices, assistive technology services, related services, supplementary
                      aids and services, and transition services, that are necessary for
                      ensuring a FAPE to students with disabilities within the State, the public
                      agency must fulfill that obligation or responsibility either directly or
                      through contract or other arrangement or as provided in an interagency
                      agreement.

 

                  d. If a public agency other than an educational agency fails to provide or
                      pay for the special education or special education and related services,
                      the LEA must provide or pay for these services to the student in a
                      timely manner. The LEA is authorized to claim reimbursement for the
                      services from the noneducational public agency that failed to provide or
                      pay for these services and that agency must reimburse the LEA in
                      accordance with the terms of the interagency agreement. 34 CFR §300.154.

 

              8. Students with disabilities in adult prisons. 34 CFR §300.324; USBE SER VII.B.9.

 

                  a. The requirements relating to transition planning and transition services
                      do not apply with respect to those students whose eligibility under Part
                      B of the IDEA will end, because of their age, before they will be eligible
                      to be released from prison based on consideration of their sentence
                      and eligibility for early release.

 

                  b. The obligation to make FAPE available to all students with disabilities
                      does not apply with respect to student ages 18 through 21 to the extent
                      that State law does not require that special education or special
                      education and related services under Part B of the IDEA be provided to
                      students with disabilities who, in their last education placement prior to
                      their incarceration in an adult correctional facility:

 

                      (1) Were not actually identified as being a student with a disability and

       

                      (2) Did not have an IEP under Part B of the IDEA. 34 CFR §300.102.

 
              9. The exception does not apply to students with disabilities ages 18 through 21 who:

 

                      (1) Had been identified as a student with a disability and had received

                            services in accordance with an IEP, but who left school prior to their

                            incarceration; or

 

                      (2) Did not have an IEP in their last educational setting, but who had

                            actually been identified as a student with a disability.

 

VIII.RESPONSIBILITIES OF THE UTAH STATE OFFICE OF EDUCATION.

 

            Legacy Preparatory Academy provides data as required for State and Federal

            reports and other State functions.

 

IX. LEA ELIGIBILITY AND RESPONSIBILITIES.

 

                A. PARTICIPATION IN STATEWIDE ASSESSMENTS AND REPORTING OF ASSESSMENT RESULTS. USBE                        SER IX.A.2.

 

All students enrolled in Legacy Preparatory Academy, including students with

disabilities, participate in the statewide testing program and the school-wide

testing program. Participation requirements in the USBE Assessment

Participation and Accommodation Policy are followed. The IEP Team

determines how a student with disabilities will participate and accommodations

needed, if any. Results of statewide assessments are posted on the USBE

website annually.

 

                 B. PUBLIC PARTICIPATION IN POLICIES AND PROCEDURES DEVELOPMENT.

 

This Policy and Procedures Manual, as well as any future changes to the

contents, are presented to Legacy Preparatory Academy Board in a public

meeting for review and input. The agenda for Legacy Preparatory Academy

board meetings is posted at least 24 hours prior to each meeting as required by

State law.

 

                C. PUBLIC POSTING OF USBE MONITORING RESULTS. USBE SER IX.A.2.d.(2)l.

 

Results of monitoring from the Utah Program Improvement Planning System

(UPIPS) are posted on the USBE website annually.

 

                D. METHODS OF ENSURING SERVICES. USBE SER IX.A.2.d.(2)l.

 

Legacy Preparatory Academy ensures that each eligible student with disabilities

enrolled in the school receives the services included in the IEP through a

systematic process of review of IEPs and monitoring of service delivery by

Charter School personnel and contracted service providers.

 

                E. SUPERVISION. USBE SER IX.A.2.d.(2)n.

 

All personnel of Legacy Preparatory Academy are supervised by appropriately

qualified staff as determined by the local Charter School Board.

 

                 F. USE OF PART B FUNDS.

 

Legacy Preparatory Academy follows the requirements of USBE SER IX.B in

ensuring the appropriate use of funds under Part B of the IDEA. This includes

following the requirements for students with disabilities who are covered by

public benefits or insurance as written. Legacy Preparatory Academy

participates in the single audit process required by State law that includes an

audit of Part B funds.

 

                 G. PERSONNEL DEVELOPMENT. 34 CFR §300.156; R277-504, 506, 510, 520, and 524.

 

                      1. Legacy Preparatory Academy ensures that all personnel necessary to carry

    out Part B of the IDEA are appropriately and adequately prepared, subject

    to the requirements related to personnel qualifications in the State Board

    Administrative Rules cited above.

 

                       2. Paraeducators, when used to carry out Part B of the IDEA, are

     appropriately trained and supervised and utilized in accordance with the

     USBE Paraeducator Standards.

 

                  H. EDUCATOR LICENSE REQUIREMENTS. R277-504, 506, and 520.

 

                       1. Professionals providing services to students with disabilities must hold a

     Utah Professional Educator License or Endorsement in the area in which

     they provide services. This includes special education teachers, speech

     language pathologists, school psychologists, school social workers, and

     other professionals. Occupational therapists and physical therapists must

     hold appropriate Utah licensure. The Charter School administration is

     responsible for the evaluation of the appropriateness of licenses and

     endorsements when assigning staff members. The Charter School refers to

     the USBE Teaching, Leadership, and Paraeducator Standards.

 

                      2. Special Education (K–12) License means the license required for teaching

    students with disabilities in Kindergarten through grade 12. Special

    education areas of concentration carry endorsements in at least one of the

    following areas:

 

                          a. Mild/Moderate Disabilities,
 
                          b. Severe Disabilities,

 

                          c. Deaf and Hard of Hearing,

 

                          d. Blind and Visually Impaired, and

 

                          e. Deafblind. R277-504-O.

 

                     3. Teachers providing services to the single category of Speech Language

    Impairment must hold the appropriate license, endorsement, or area of

    concentration in the category of Speech Language Impairment. R277-506.

 

                     4. Teachers assigned to teach academic subjects in elementary and

   secondary special education programs must, in addition to their special

   education license, meet the standards for personnel under the USBE Board

   Administrative Rules.

 

                    5. School social workers and school psychologists providing services to

  student with disabilities must be licensed by the State Board of Education

  as school social workers or school psychologists. R277-506.

 

                    6. Individuals providing psychological evaluation services for students with

  disabilities must hold a Utah education license for school psychologists or

  State licensure and meet the assessment publisher’s criteria for

  administration of specific assessments. R277-506.

 

I.  PERFORMANCE GOALS AND INDICATORS IN THE STATE PERFORMANCE PLAN. USBE SER X.A.2.

 

              Legacy Preparatory Academy collects and provides additional information

              which the USBE may require in order to meet Federal reporting requirements,

              including suspension and expulsion rates, LRE environments, disproportionality

              data, personnel information, and others.

 

J. COORDINATED EARLY INTERVENING SERVICES. 34 CFR §300.226; USBE SER IX.C.

 

                    1. Legacy Preparatory Academy may use not more than 15 percent of the

  amount it receives under Part B of the IDEA for any fiscal year, less any

  amount reduced by the Charter pursuant to maintenance of effort (if any), in

  combination with other amounts to develop and implement coordinated

  early intervening services (CEIS) for students who are not currently

  identified as needing special education or special education and related

  services, but who need additional academic and behavioral support to

  succeed in a general education environment.

 

                   2. These funds are used to carry out activities including professional

  development that enables school personnel to deliver scientifically based

  academic and behavioral interventions, as well as educational and

  behavioral evaluations, services, and supports.

 

                    3. Legacy Preparatory Academy provides any and all required data on its

  Early Intervening Services to the USBE annually.

 

K. PROVISION OF FAPE AND CASELOAD GUIDELINES. 34 CFR §300.101; USBE SER IX.F.

 

                    1. Legacy Preparatory Academy oversees the caseload of each special

  educator (including psychologists, social workers, speech language

  pathologists, occupational therapists, physical therapists, adapted P.E.

  specialists, and any other related servers) to ensure that a free appropriate

  public education is available to all eligible students with disabilities.

 

                    2. Legacy Preparatory Academy refers to the USBE Special Education

  Caseload Guidelines.

 
L. ROUTINE CHECKING OF HEARING AIDS AND EXTERNAL COMPONENTS OF SURGICALLY IMPLANTED MEDICAL DEVICES. 34 CFR §300.113; USBE SER IX.G.

 

               Legacy Preparatory Academy ensures that hearing aids worn in school by

               students with hearing impairments, including deafness, are functioning properly.

               Legacy Preparatory Academy ensures that external components of surgically

               implanted medical devices are functioning properly.