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2161 Policy – Special Education and Related Services for Eligible Students

2161 Policy – Special Education and Related Services for Eligible Students

Bellingham Public Schools recognizes that students whose disabilities adversely impact educational performance and who require specially designed instruction can improve their educational performance when they receive special education and related services tailored to fit their needs. The district adopts the state’s full educational opportunity goal to provide students in need of special education services with a free appropriate public education.

Special education programs for eligible students will be an integral part of the general educational programs of this district and will be operated in compliance with federal and state requirements governing special education. The district is committed to providing programs and services to eligible students that support their full participation in learning experiences in their least restrictive environment. The district will provide a continuum of services, which may include services within and outside the district depending on the students’ needs.

The district will conduct Child Find activities in accordance with all applicable state and federal regulations that are calculated to reach all students with a suspected disability and in need of receiving special education and related services. The district is committed to eliminating racial disproportionality in all aspects of education and to raising the achievement of all students. This includes addressing disproportionality in the identification of students with disabilities, as well as the achievement of students with disabilities.

Not all students with disabilities are eligible for special education services. The needs of students will be addressed individually and, when appropriate, students will be provided with accommodations or modifications and/or related aids and services as required under Section 504 of the Rehabilitation Act of 1973 in accordance with district policy and procedure.

Mediation or Resolution Agreements

The superintendent or a designee may bind the district to a mediation or resolution agreement.

Commencement Exercises/Certificate of Attendance

Commencement is a celebration of each student’s hard work and growth. To participate in the ceremony, students must meet the minimum graduation requirements and remain in good standing through the commencement date. For students with individualized education programs (IEPs) whose disabilities have affected their ability to earn credits, these requirements may be adjusted. Each student’s IEP team will determine their graduation plan, including the expected graduation date.

Students with IEPs who have completed four years of high school but need more time to work towards IEP goals or credits may request to participate in commencement exercises. These students will receive a certificate of attendance and will be awarded their diploma once all graduation requirements are met.

 

The superintendent will ensure that special education procedures are in place to support this policy, and both the policy and procedures will be accessible to the public.


Cross References:

Policy 2162 – Education of Students with Disabilities Under Section 504 of the Rehabilitation Act of 1973

Policy 2163 – Multitiered Systems of Support

Policy 2410 – High School Graduation Requirements

Policy 3231 – Student Records

Policy 3241 – Student Discipline

Policy 3246 – Restraint, Isolation and Other Uses of Reasonable Force

Policy 4217 – Effective Communication

Legal References:

Chapter 28A.155 RCW Special education

RCW 28A.600.485 Restraint of students-Use of restraint or isolation specified in individualized education programs or programs or plans developed under section 504 of the rehabilitation act of 1973-Procedures-Summary of incidents of isolation or restraint-Publishing to website

RCW 28A.600.486 District policy on the use of isolation and restraint-Notice to parents and guardians of children who have individualized education programs or plans developed under section 504 of the rehabilitation act of 1973

RCW 28A.605.020 Parents’ access to classroom or school sponsored activities -Limitation

Chapter 49.60 RCW Discrimination-Human rights commission

Chapter 392-172A WAC PROVISION OF SPECIAL EDUCATION SERVICES

29 U.S.C. 794 Section 504 of the Rehabilitation Act of 1973, as amended by the Rehabilitation Act Amendments of 1974, Pub. L. 93 516, 29 U.S.C. 794

20 U.S.C. 1400 et seq. Individuals with Disabilities Education Act of 2004

42 U.S.C. 12131-12133 Americans with Disabilities Act of 1990

28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services

34 CFR Part 99 Family Education Rights and Privacy Act (FERPA)

34 CFR Part 104 Nondiscrimination on the basis of handicap in programs and activities receiving federal financial assistance

34 CFR Part 300 Assistance to States for the Education of Children With Disabilities

34 CFR Part 303 Early Intervention Program for Infants and Toddlers with Disabilities

 

Management Resources:

Policy News, December 2021 An Inclusionary Approach to Special Education Services

Policy News, March 2016 Two Major Policy Revisions Address Restraint and Isolation

Policy News, June 2014 Special Education and Related Services for Eligible Students

Policy News, October 2009 Special Education Rules Revisions

Policy News, December 2007 Updated Special Education Policy and Procedure

Policy News, June 2007 Graduation Ceremonies for Special Education Students

Policy News, December 1999 Rule Adoption Leads to Special Education Policy

 

Adopted/Previous Revisions: 02/28/08; 11/12/14; 05/19/16; 10/12/22

Last Revised: 02/19/26

Superintendent or Board Approved: Board Approved

  • Series 2000