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 (FAPE).

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.

Mediation or Resolution Agreements

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

The superintendent or designee will develop and maintain Special Education procedures necessary to implement this policy. This 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, July 2026
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; 02/19/26
Last Revised: 08/20/26
Superintendent or Board Approved: Board Approved