Kan. Admin. Regs. § 91-40-4 - FAPE for exceptional children housed and maintained in certain state institutions
(a) Subject to
K.S.A. 72-1046 and amendments thereto, each state
agency shall provide FAPE to exceptional children housed and maintained at any
facility operated by the agency.
All educational programs shall comply with the requirements of state special education laws and regulations.
(b) State schools.
(1) The procedures for placing Kansas
residents into the Kansas state school for the blind and the Kansas state
school for the deaf shall meet the following requirements:
(A) Admission procedures shall be initiated
by the child's home school district and by the child's parent or parents.
(B) Placement of any child in a
state school shall be made only after the local school district and the child's
parent or parents have considered less restrictive placement options.
(C) Placement shall be based on a
child's IEP, which shall indicate a need for educational services provided at
the state school.
(D) Any agency
may refer a child to a state school for a portion or all of the child's
evaluation.
In such a case, a representative or representatives from the agency shall be included in any meeting at which the child's eligibility for services or placement is determined.
(E) If the initial evaluation and staffing
are conducted by any local school district and if one of the state schools is
proposed as a placement for the child, a representative or representatives from
the state school shall be included in the meeting at which placement for the
child is determined.
(2) Personnel from the child's home school
district, as well as personnel from the state school and the child's parent or
parents, shall be afforded an opportunity to participate in any IEP meeting for
the child. Placement of the child in the home school district shall be
considered at each annual IEP meeting.
(3) Each state school shall attempt to make
arrangements so that each child enrolled in the state school has access to the
educational programs in the local school districts near the location of the
school, on either a part-time or full-time basis.
(4) If a state school determines that its
program is not appropriate for a student and it can no longer maintain the
student in its program, the state school shall give the district of residence
of the student at least 15-day notice of this determination.
(c) Unless otherwise expressly
authorized by state law, when a student transfers from a state school to a
school district or from one school district to another, the most recent
individualized education program, as well as any additional educationally
relevant information concerning the child, shall be forwarded immediately to
the receiving school district.
(d)
SRS institutions and facilities.
(1) In
accordance with
K.S.A. 72-8223 and amendments thereto, and subject
to the provisions of
K.S.A. 72-970 and
72-1046 and amendments thereto,
provision for FAPE shall be made by the secretary of social and rehabilitation
services for each exceptional child housed and maintained at any institution or
facility under the jurisdiction of the secretary.
(2) The requirements in this article
concerning placement and LRE may be modified in accordance with the child's
need for maintenance at the state institution or facility.
Notes
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