Found on page 53 of Education Board Article IV Student Policy

The purpose of this policy is to foster an educational environment that is able to effectively identify, implement, support, and evaluate effective educational programs for students with disabilities based upon their individual strengths and needs.

Free Appropriate Public Education (FAPE) for students with disabilities, under Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA), requires that the Education Division make available the following services to all disabled children between the ages of birth to 21 years:

• A free, appropriate public education.
• A fair, accurate, and unbiased evaluation to assist in deciding special education and related services.

An individualized educational program (IEP) and/or a 504 Plan is developed as a team based upon each student’s individual eligibility and needs. The IEP is a collaboratively developed document to outline current needs, services, goals, and accommodations a student needs to receive a FAPE. This includes a child who has a disability identified under the law, and who is attending an elementary or secondary educational institution, receives specialized instruction and related services. A Section 504 Plan is a plan developed to ensure that a child who has a disability identified under the law, and who is attending an elementary or secondary educational institution, receives accommodations that will provide a FAPEA range of placement options from the least restrictive to the most restrictive are considered and determined based on individual needs. This includes continuing to provide access to grade level district adopted curriculum, supports and services, as well as other school resources. The Education Board recognizes the Division’s responsibility to protect the rights of students and their parents throughout the special education process. Parent/guardians must approve the initial evaluation and initial placement of their child, will be given the opportunity to participate in developing the IEP, and will have advanced notice of proposed changes in their child’s program. The parent has the right to call an IEP meeting to review their child’s educational program at any time. They may also review their child’s school records, present complaints about their child’s educational program, and call for an impartial hearing to resolve related disputes with the school.

The Superintendent/Director will develop procedures that provide educational opportunities for individuals with disabilities and that accomplish compliance with federal laws, including the Individuals with Disabilities Education Act (IDEA), applicable Arizona Revised Statutes, and applicable regulations of the State Board of Education. Such procedures will include, but not be limited to, the following provisions:

All children with disabilities aged birth (0) through twenty-one (21) years within the Division's jurisdiction are to be identified, located, and evaluated including children attending religious or private schools who are in need of special education and related services. A free appropriate public education (FAPE) shall be available to all children with disabilities aged three (3) through twenty-one (21) years within the Division's jurisdiction, including children advancing from grade to grade, those who have been suspended or expelled from school in accordance with the applicable IDEA rules and regulations, and any child with a disability the Division has placed in or referred to a private school or facility. The Division may refer to and contract with approved public or private agencies as necessary to ensure the provision of FAPE for children with disabilities. FAPE for an eligible student with a disability shall extend through conclusion of the instructional year during which the student attains the age of twenty-two (22).

• A full individual evaluation encompassing existing and additional data shall be conducted for each child to determine if the child is a child with a disability and the educational needs of the child before the initial provision of special education and related services. A reevaluation of each child shall be conducted at least every third year.
• An individualized education program (IEP) shall be developed and implemented for each eligible child served by the Division and for each eligible child the Division places in or refers to a private school or facility.
• To the maximum extent appropriate, opportunities for the least restrictive setting, inclusion in educational exercises with regular program students, and for interaction with the total school environment will be provided to exceptional students.
• All required procedural safeguards must be guaranteed to the exceptional students and their parents. The parents will be provided with notices of procedural safeguards in each specified instance and all due process conditions will be satisfied with respect to the provision of a free appropriate public education.
• The Division shall follow the established state and federal standards to protect the confidentiality of personally identifiable information at the collection, storage, disclosure, and destruction stages.
• To the extent essential to provide FAPE to children with disabilities aged three (3) through twenty-one (21), extended school year (ESY) services shall be made available and implemented as necessary.
• Criteria for the graduation of exceptional students, including accomplishment in reading, writing, and mathematics, shall be as specified in the Division policy on graduation requirements. Such standards shall be equivalent to or greater than those established by the State Board of Education.
• The discipline of exceptional students, and unevaluated students suspected of having a qualifying disability, is to be conducted in such a manner as to comply with FAPE and requirements of the IDEA.

The Superintendent is authorized and directed to establish procedures for the development and administration of the necessary programs, and to document Division compliance with applicable law and this policy. Such procedures will be made available to staff members and to parents, as necessary, to enhance compliance. Discipline of Special Education students shall be in accordance with Section VII. Student Behavior Management and Intervention, subsection R, of this policy.