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Related Entries:
2
Responsible Office: Deputy
3
Instruction
ABC, ABC-RA, EHA, IEA, IEB, IED, IEF, JOA-RA
Superintendent
of
Schools
for
4
5
6
Education of Students With Disabilities
7
8
9
A.
PURPOSE
10
11
To
12
principles articulated in federal and state law regarding the
13
provision of a free and appropriate public education (FAPE),
14
the protection of the rights of all eligible students with
15
disabilities, and the principle that every child can learn and
16
succeed.
affirm
the
Board
of
Education’s
commitment
to
the
17
18
1.
To ensure that in the Montgomery County Public Schools
19
(MCPS), all children, from birth through age 20, and who
20
are
21
disability, and who are in need of special education and
22
related services shall be identified, assessed, and
23
provided a free, appropriate public education consistent
24
with state regulations and Federal and state laws
regardless
disabled,
of
the
severity
of
the
25
26
2.
To affirm the expectation that formal identification or
27
determination
28
prerequisite
29
intervention or pre-referral strategies and to encourage
30
MCPS to respond promptly to implications that any student
of
to
disabilities
implementation
should
of
not
be
appropriate
a
early
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may be at risk regardless of whether disabilities are
32
suspected or known
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34
3.
To commit MCPS to provide an educational program that
35
prepares students with disabilities for self-sufficient
36
and productive lives as full participating members of our
37
society to the maximum extent possible
38
39
4.
To commit MCPS to the task of creating a climate of
40
acceptance and respect for individuals with disabilities
41
among staff and students
42
43
5.
To affirm the Board of Education's strong commitment to
44
the genuine participation of students with disabilities
45
with peers without disabilities in all aspects of MCPS,
46
including
47
extracurricular activities
academic,
social,
non-academic,
and
48
49
6.
To affirm the expectation that both general and special
50
education personnel are accountable for the education of
51
students with disabilities
52
53
7.
To
establish
guidelines
for
working
toward
these
54
objectives, and for all necessary activities to comply
55
with federal and state mandates
56
57
B.
ISSUE
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59
Federal
60
intervention and special education services to students with
and
state
law
govern
the
provision
of
early
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disabilities from birth through the end of the school year in
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which they turn 21 years old.
63
for the identification, evaluation, and educational placement
64
of the child.
65
ensured
66
Individualized
67
services under an Individualized Family Service Plan (IFSP).
the
These laws require procedures
Under these laws, qualified children are
provision
of
Education
FAPE
Program
in
accordance
(IEP)
or
with
are
an
provided
68
69
In
70
regulations
71
disabilities, MCPS policy should ensure that services for
72
these individuals focus on:
accordance
with
changes
regarding
the
to
federal
education
of
laws
and
state
individuals
with
73
•Consideration of the student as an individual student with
74
75
unique
76
substitution of the phrase "student with disabilities"
77
for "handicapped student"
needs
and
capabilities
as
reflected
in
the
78
•Collaboration among general and special educators, families,
79
80
state and local agencies, and the community
81
•
82
The development of educational programs and transition
83
services/supports
84
disabilities for success in post-secondary education,
85
post-school employment, and community participation
that
prepare
individuals
with
86
87
C.
POSITION
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89
Montgomery County Public Schools (MCPS) is committed to:
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1.
Providing opportunities for all students to achieve at
92
the
93
comprehensive, collaborative, and individualized support
94
system that enables students with disabilities to make
95
progress in the MCPS curriculum.
highest
possible
levels,
as
well
as
access
a
96
97
2.
Creating a climate of acceptance, respect, and high
98
expectations that result in academic achievement and the
99
attainment of other important knowledge and skills for
100
all students, based on the principle that every child can
101
learn and succeed. The development of effective programs
102
for all students depends upon the energy, the concern,
103
the dedication, and leadership demonstrated at all levels
104
of the school system as well as upon adequate budgetary
105
provisions.
106
107
36.
Improving
educational
results
for
children
with
108
disabilities by assuring their access to instruction in
109
the
110
possible. Parents or guardians have the right to inspect,
111
review, copy, and challenge any educational records
112
relating to their children and to be advised of the types
113
and locations of such records.
114
help parents or guardians understand the records.
115
needed, staff will receive additional training to be
116
prepared to respond to parents for such help.
general
education
class
to
the
maximum
extent
Staff will be prepared to
If
117
118
42.
The participation to the maximum extent possible of
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students with disabilities with non-disabled peers in all
120
aspects of school life, including academic, social, and
121
extracurricular activities, as a critical component of
122
their educational experience.The Board of Education is
123
committed to the education of all students, including
124
those
125
appropriate educational programs and related services
126
available
127
through age 20.
with
disabilities,
to
students
and
with
will
make
disabilities
free
from
and
birth
128
129
53.
Providing a continuum of services for students with
130
disabilities and educating them in the least restrictive
131
environment appropriate for the child to ensure success
132
for every student. Consideration must first be given to
133
providing services in the student’s home school. Programs
134
and services for students with disabilities will be of
135
the same quality as those available to all other students
136
in MCPS.
137
138
68.
Collaborating with government agencies, the business
139
sector, and families to provide an educational program
140
that
141
sufficient and productive lives as full participating
142
members of our society and leads to positive post-school
143
results in education and training, employment, accessing
144
adult
145
participation. The Board affirms that the education of
146
students with disabilities is a shared responsibility of
147
special and general education, and that each school and
prepares
students
services,
with
independent
disabilities
living,
and
for
self-
community
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its entire staff shall be accountable for the education
149
of all students, including students with disabilities.
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151
79.
Working
with
parents
in
constructive,
collaborative
152
partnerships to provide the home/school link fundamental
153
to student success. When a student is placed in a non-
154
MCPS
155
Department of Education requirements, MCPS personnel will
156
monitor the services delivered to the student to assure
157
that
158
provide appropriate educational services to the student.
setting,
in
participating
accordance
schools
with
meet
MCPS
Maryland
State
standards
and
159
160
87.
All staff, both special and general education personnel,
161
share accountability for the education of students with
162
disabilities. Student/staff ratios will be commensurate
163
with the needs of the different intensities of service
164
provided.
165
ratios that are appropriate to the individualized needs
166
of children, to the extent feasible, even if they are
167
smaller than maximum staffing ratios permitted by the
168
MSDE.
The Board of Education supports staffing
169
170
95.
Developing and implementing systemwide supportive general
171
education
172
instructional
173
misidentification and/or misclassification of students,
174
particularly minority students, with special attention to
175
the
176
disturbance, mental retardation, and specific learning
interventions
specific
practices
and
that
disability
culturally
help
to
categories
responsive
eliminate
of
any
emotional
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disability. Parents or guardians will be informed of
178
procedures for obtaining informed parental consent before
179
evaluation and placement of students and for parent or
180
guardian participation in the IEP/IFSP review process.
181
182
104. Actively
seeking
to
locate,
identify,
and
evaluate
183
children residing in the county or who have been placed
184
by their parents in private schools located in the
185
county, including children who are homeless, highly
186
mobile, or are wards of the state, who are suspected by
187
parent, school, or other responsible source of being a
188
child with a disability whether enrolled in public,
189
private, or religious schools. Outreach activities are
190
conducted with interagency collaboration.Programs and
191
services for students with disabilities will be provided
192
in compliance with all applicable federal and state laws
193
and
194
requirements
195
educational assessment process; independent educational
196
evaluation;
197
confidentiality of educational records; extended school
198
year services; least restrictive appropriate environment
199
defined on an individual basis; due process procedures;
200
staffing ratios; timelines; the admission, review, and
201
dismissal (ARD) process; related services; development
202
and implementation of the individualized educational
203
program (IEP) or the Individual Family Services Plan
204
(IFSP) for children from birth through two years of age;
205
services
regulations
including,
governing:
appointment
for
not
limited
to
notification;
consent;
the
of
but
a
private/parochial
parent
surrogate;
students
with
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disabilities; and transition planning.
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208
10.
The Board recognizes the importance and value of family
209
involvement,
210
program planning and the educational decision-making
211
process, for the education of all students, including
212
those with disabilities.
including
participation
in
individual
213
214
11.
All MCPS educational programs and services, including
215
those for students with disabilities, will focus on the
216
establishment of clearly defined outcomes of schooling
217
including, but not limited to, preparation for post-
218
secondary
219
community participation.
education,
employment,
post-school
and
220
221
12.
The Board recognizes that the education of students with
222
disabilities
223
cooperation among general and special educators, state
224
and local public agencies and private services providers
225
to provide a full continuum of alternative placements and
226
a range of services to meet student needs.
is
a
complex
task
that
necessitates
227
228
13.
The Board recognizes that efforts must be made by all
229
MCPS staff to overcome attitudinal and physical barriers
230
in order to ensure equal opportunity for the genuine
231
participation of individuals with disabilities in all
232
aspects of MCPS, as well as their acceptance as respected
233
participants
234
settings.
in
educational,
work,
and
community
235
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D.
DESIRED OUTCOME(S)
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An educational system that is committed to the success of all
239
students, requires accountability for the performance results
240
of all students, and fosters and promotes respect, acceptance,
241
and high expectations for all students.
242
243
1.
An education that encourages students with disabilities
244
to develop their full potential, that prepares students
245
with
246
effective transition to further education, work, and/or
247
community participation, to the maximum extent possible
disabilities
for
independent
living,
and
an
248
249
2.
An opportunity for students with disabilities to develop
250
community ties by attending the schools they would attend
251
if not disabled
252
253
3.
The
acceptance
of
individuals
with
disabilities
as
254
genuine participants in educational, work, and community
255
settings
256
257
4.
Partnerships that support collaborative relationships
258
among
259
agencies, and the business sector to provide appropriate
260
educational services and support for individuals with
261
disabilities
families,
schools,
communities,
government
262
263
5.
Collaboration among general educators, special educators,
264
and
265
students' educational needs and how they can be addressed
parents
to
develop
a
better
understanding
of
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through accommodations, curricular modifications, and
267
alternative
268
education program
educational
strategies
in
the
general
269
270
6.
The genuine participation of students with disabilities
271
with their peers without disabilities in all aspects of
272
MCPS,
273
extracurricular activities, as appropriate to the needs
274
of each student
including
academic,
social,
non-academic,
and
275
276
E.
IMPLEMENTATION STRATEGIES
277
278
1.
There
will
be
an
ongoing
and
systematic
effort
to
279
identify all students with disabilities who may be in
280
need of special education services.
281
282
2.
Appropriate
early
intervention
and
pre-referral
283
strategies will be implemented for at risk students in
284
the
285
initiate or complete procedures for formal identification
286
of students with disabilities.
general
education
setting
without
the
need
to
287
288
3.
Measures will be taken to encourage and facilitate the
289
active and informed participation of parents or guardians
290
of students with disabilities in all aspects of the
291
educational
292
procedures as detailed in federal and state laws and
293
regulations and local policies will be used.
decision-making
process.
Due
process
294
295
4.
MCPS shall establish and maintain an administrative
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structure in which all offices charged with development
297
and
298
appropriate shared responsibility for the education of
299
every student, including students with disabilities, and
300
shall
301
mission, authority, responsibility, and accountability.
delivery
be
of
designed
educational
to
provide
services
clear
shall
have
delineation
of
302
303
5.
Each school will have an Admission, Review, and Dismissal
304
(ARD) team, chaired by an administrator or designee,
305
whose responsibility will be to make decisions related to
306
evaluation, eligibility, and review for special education
307
and related services.
308
309
6.
Appropriate educational assessments and other pertinent
310
information will be used to determine whether a student
311
is in need of special education services and to develop
312
an IEP/IFSP for each student with a disability.
313
314
7.
A written IEP/IFSP encompassing strengths, needs, goals,
315
objectives, program assignment, related services, percent
316
of time in general education, accommodations and supports
317
necessary for participation in general education, as
318
appropriate, a transition plan for students 16 years or
319
older (14 years or older, as necessary), and timelines
320
for reviewing progress will be developed for each student
321
with a disability.
322
323
8.
All educational needs must be identified in order to
324
determine the individual goals, objectives, and services
325
to be provided.
Plans will be developed jointly by
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parents, teacher(s), specialists responsible for the
327
implementation of the IEP/IFSP, and an administrator.
328
Parents or staff members may invite other persons to
329
participate in the IEP/IFSP development.
330
information about teaching strategies and materials will
331
be included in the plan.
332
periodically review IEPs/IFSPs to monitor general plan
333
development and implementation.
Pertinent
Supervisory personnel will
334
335
9.
A continuum of alternative placements that includes
336
instruction
337
supplementary
338
classes,
339
instruction
340
available in order to meet the needs of students with
341
disabilities.
in
general
aids
special
in
and
education
services
schools,
hospitals
as
home
and
classes,
needed,
with
special
and
instruction,
institutions
will
be
342
343
10.
All placement decisions will be based upon the student's
344
individual needs as detailed in the IEP/IFSP and will be
345
made in accordance with state and federal requirements.
346
Students
347
appropriate public education in a setting that will
348
enable them to make progress in achieving the goals
349
specified in their IEP/IFSP.
350
will be educated in the least restrictive appropriate
351
environment defined on an individual basis, and taking
352
into
353
(13A.05.01.02.B.(3)(a)(b)):
with
account
disabilities
the
following,
will
receive
a
free
Students with disabilities
as
referenced
in
COMAR
354
355
a)
To the maximum extent appropriate, students with
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disabilities,
357
private institutions or other care facilities, are
358
educated with students who are not disabled
including
students
in
public
and
359
360
b)
Special
classes,
separate
schooling,
or
other
361
removal of students with disabilities from the
362
regular educational environment occurs only when
363
the nature or severity of the disability is such
364
that education in regular classes with the use of
365
supplementary aids and services cannot be achieved
366
satisfactorily
367
368
11.
School staff will provide supplementary aids and services
369
and reasonable accommodations to meet the individual
370
needs of students with disabilities as specified in the
371
student's IEP/IFSP.
372
373
12.
Instruction
of
students
with
disabilities
will
be
374
provided
375
vocational, and community-based curricula and will follow
376
the MCPS Program of Studies, adapted to accommodate
377
student learning styles, where necessary.
through
coordinated
academic,
functional,
378
379
13.
Curricula and special education instructional materials
380
that
381
students, including those with disabilities will be
382
developed and maintained.
reflect
appropriate
learning
outcomes
for
all
383
384
385
14.
Staff development will be provided as appropriate to all
MCPS personnel and will include:
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387
a)
In-service training for special education staff in
388
working effectively with students with disabilities
389
in
390
general education staff
various
settings
and
in
collaboration
with
391
392
b)
In-service training programs for general educators,
393
administrators, and support personnel to acquire a
394
basic
395
effect on children and their families.
396
will be placed on exemplary instructional practices
397
for working effectively with the child and adapting
398
instruction to promote success in all settings
understanding
of
disabilities
and
their
Emphasis
399
400
c)
Training in technological innovations resulting in
401
new educational strategies and materials will be
402
provided
403
personnel, as appropriate
for
general
and
special
education
404
405
d)
In-service training for general educators, special
406
educators, administrators, and support personnel on
407
the processes and procedures for decision making
408
about the provision of service to students with
409
disabilities
410
411
15.
Programs will be developed to increase the understanding
412
of individuals with disabilities among the student body
413
of MCPS and to provide mutually beneficial interactions
414
between students with and without disabilities.
415
will be done cooperatively with MCPS, community agencies,
Planning
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parents, and students.
417
418
16.
Students
with
disabilities
will
be
provided
an
419
opportunity to participate in appropriate extracurricular
420
activities that are generally available to all MCPS
421
students in the community. Together with other community
422
agencies, MCPS will continue to develop specialized
423
extracurricular
424
extracurricular programs do not meet existing needs.
activities
when
regularly
provided
425
426
EF.
REVIEW AND REPORTING
427
428
This policy will be reviewed in accordance with the Board of
429
Education policy review process.
430
431
432
1.
The superintendent will report specific progress on the
433
implementation and monitoring of this policy, including
434
appropriate
435
achievement, to the Board of Education at least annually,
436
or
437
Education.
438
parent/community representatives.
more
indicators
frequently,
These
as
or
measures
directed
reports
will
by
of
student
the
Board
of
include
views
of
439
440
2.
The Office of Special and Alternative Education will
441
collaborate
442
Accountability
443
collection/analysis and evaluation activities and will
444
report findings to the superintendent and the Board of
445
Education.
with
for
the
Department
internal
and
of
Educational
external
data
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447
3.
The comprehensive plan for services and programs for
448
students with disabilities will be updated annually, with
449
opportunity for public comment, revised as needed, and
450
reported to the Board of Education and the Maryland State
451
Department of Education.
452
reported to the Board of Education, as appropriate.
Budget implications will be
453
454
4.
MCPS shall survey parents about how well the needs of
455
their children are being met by the special education
456
program in which their students participate.
457
for the survey shall be the same as that utilized in the
458
SES process.
The process
459
460
461
5.
462
All regulations developed in support of this policy will
be sent to the Board as information items.
463
464
6.
This
policy
will
be
reviewed
every
three
years
in
465
accordance with the Board of Education's policy review
466
process.
467
468
469
Policy History:
470
reaffirmed by Resolution No. 19-85, January 8, 1985, reformatted in
471
accordance with Resolution 333-86, June 12, 1986, and Resolution
472
458-86, August 12, 1986; amended by Resolution 382-93, May 11,
473
1993.
Adopted by Resolution No. 834-78, December 5, 1978
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