FREE APPROPRIATE PUBLIC EDUCATION (FAPE)
The School shall provide a free appropriate public education to each qualified student with a disability within the School's jurisdiction, regardless of the nature or severity of the student's disability. An appropriate education shall include regular or special education and related services that are designed to meet the individual educational needs of the student as adequately as the needs of students who do not have disabilities are met and that are based on adherence to procedures that satisfy federal requirements for educational setting, evaluation and placement, and procedural safeguards, as set forth below. 34 CFR 104.33
The School shall conduct an evaluation of any student who, because of a disability, needs or is believed to need special education or related services before taking any action regarding the initial placement of the student in a regular or special education program and before any subsequent significant change in placement. The tests and other evaluation materials shall meet the standardsestablished by 34 CFR 104.35 (a)(b)
In interpreting evaluation information and making placement decisions, the School shall:
ü Draw upon information from a variety of sources, including aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background, and adaptive behavior;
ü Establish procedures to ensure that such information is documented and carefully considered; and
ü Ensure that placement decisions are made by a group of persons, including those knowledgeable about the student, the meaning of evaluation date, and placement options. 34 CFR 104.35(c)
The School shall establish procedural safeguards for students and parents with concerns about School actions regarding the identification, evaluation, or educational placement of a student with a disability. Those safeguards shall include notice, an opportunity for the student's parent or guardian to examine relevant records, an impartial hearing with the opportunity for participation by the student's parents or guardian and representation by counsel, and a review procedure. 34 CFR 104.35(c); 34 CFR 104.36
In addition to policies applicable to all student records, the following guidelines shall apply when parents of a student with disabilities request to review or inspect School records relating to the education of their child:
1. Parents may request that a representative inspect and review the records.
34 CFR 300.562(b)(3)
2. The School shall comply with a request without unnecessary delay and before any meeting regarding an individual education plan (IEP) or hearing relating to the identification, evaluation, or placement of the child.
34 CFR 300.562(a)
3. The School shall keep a record of persons obtaining access to these student records (except access by parents and authorized employees), including name, date of access, and the purpose for which the person is authorized to use the records.
34 CFR 300.563
The date of access shall be included in the access record.
34 CFR 300.563