April Update - Special Education and 504 Plans
- WAC 392-700-147: How are you supporting the needs of ALL students?
- IEP & 504 Awareness
- The IEP Team
- Transition Services
- Arranging for special education services and receiving funding
- Best Practices for students with special needs
Provision of special education, Section 504 of the Rehabilitation Act of 1973 accommodations, and transitional bilingual instructional program.
How are you supporting the needs of ALL students?
Students who enroll in an Open Doors / Reengagement program who are eligible for special education services and have either an outdated or current IEP, are still entitled to receive special educational services. Special education services are determined by an their IEP team and must include post-high school transition services. The provision of special education services by the resident district must be consistent with state and federal law pursuant to WAC Chapter 392-172A.
Students who come to your program with a 504 Plan, as determined in accordance with Section 504 of the Rehabilitation Act of 1973, must have those plans followed in the provision of your instructional services.
In addition, services must be provided for students who are eligible for transitional bilingual services and are qualified for Open Doors. For details on these services, see our previous update here.
IEP & 504 Awareness
What are your processes for identifying if a student has had, has, or needs an IEP or 504 Plan? Is the student not successful because of specific educational needs, or due to lack of access (e.g., due to non-attendance)?
If you identify that a student might be in need of special education services, what is your district's process for initiating that evaluation? Have you checked for documentation referencing prior attempts at evaluation? Be sure to remember special education initial and re-evaluation timelines under WACs 392-172A-03005 and 392-172A-03015.
For students on a 504 Plan, how current is the plan? What has been done to revise the plan over the years if the student has not been successful in previous educational facilities? How might the 504 plan need to be revised and updated to meet student needs in light of the structure of your program and the individualized nature of education services provided?
The IEP Team
You may be required to make one or more staff members available to participate on an IEP team for the purposes of and creating an IEP. Staff members who participate on the IEP team should be one of the student's instructors and/or knows the student and their needs well.
IEP Teams include at a minimum: at least one general education teacher of the student; at least one special education teacher of the student, a school district representative; and individual who can interpret what evaluations mean for instruction; any individual with special expertise or knowledge of about the student; the student; and the parent(s)/guardian(s) if the student is under 18 years old.
The student must be invited to the IEP Team meeting when the purpose of the meeting will be the consideration of the post-secondary goals for the student and the transition services needed to assist the student in reaching those goals.
Transition Services
For all students in reengagement programs, the IEP must include appropriate measurable post-secondary goals and the transition services, including courses of study, needed to assist the student in reaching those goals. Transition services are defined as:
WAC 392-172A-01190
(1) Transition services means a coordinated set of activities for a student eligible for special education that:
(a) Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the student to facilitate his or her movement from school to post-school activities, including postsecondary education, vocational education, integrated employment, supported employment, continuing and adult education, adult services, independent living, or community participation;
(b) Is based on the individual student's needs, taking into account the student's strengths, preferences, and interests; and includes:
(i) Instruction;
(ii) Related services;
(iii) Community experiences;
(iv) The development of employment and other post-school adult living objectives; and
(v) If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.
(2) Transition services for students eligible for special education may be special education, if provided as specially designed instruction, or a related service, if required to assist a student eligible for special education to benefit from special education.
- You may be already providing many of these services inherently through your reengagement program and/or through the High School & Beyond Plan. Be sure to document them in the student's IEP; these can also support weekly status checks and IAPs if the services are provided directly through your Open Doors program.
Arranging for special education services and receiving funding
How is your district providing special education services to your students?
- Are the services provided onsite, or will students need to go to another site for services?
- Is the specially designed instruction aligned to the student's post-secondary goals and transition services? Their High School & Beyond Plan?
- If the student no longer wants special education services, have you explained the purpose of special education and informed the student of their ability to revoke consent for services and what revocation means?
Students who are actively receiving specially designed instruction can be added to the special education headcount for enhanced funding and FTE may be shared up to an AAFTE of 1.0 to provide that specially designed instruction.
Best Practices for students with special needs
- Have a clear communication
system between the district-designated special education staff and your program
so that:
- you have all the information
available about the student's academic needs; and
- that special education staff are
informed about how your program operates.
- Affirm that your program will
have the support (staffing, equipment, etc.) necessary for the student to
access your instructional program.
- Coordinate the student's
specialized instruction so that the student's goals and daily and weekly
schedule align with their time spent in the reengagement program.
Next Month: Awarding Credit
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