3400 -SERVICES FOR EXCEPTIONAL CHILDREN UNDER THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
A free appropriate publicly supported education will be provided, in the least restrictive appropriate environment, to every disabled child with special needs ages three (3) through twenty (20). The Durham Public Schools will comply with the State Board of Education's Procedures Governing Programs and Services for Children with Special Needs, and the Individuals with Disabilities Education Act and its implementing regulations.
3400.1 The term "special education" means specifically designed instruction, at no cost to the parent/guardian, to meet the unique needs of the exceptional child. Each disabled child will have access to the variety of educational programs and services available to nondisabled children. This includes but is not limited to physical education, art, music, industrial arts, consumer and homemaking education, vocational education, and general interest electives.
3400.2 Every child suspected of having a disability is entitled to a multidisciplinary diagnosis and evaluation.
3400.3 All testing and evaluation materials and procedures shall be nondiscriminatory and administered in the child's native language.
3400.4 Parents/guardians shall be provided in writing with the results, findings, and proposals based upon the evaluation.
3400.5 An Individualized Education Plan shall be developed for each disabled child whose parent/guardian consents to special education placement.
3400.6 Special education and related services shall be provided in the least restrictive appropriate environment to each child with special learning needs based upon the Individualized Education Program.
3400.7 Written notice shall be given to parents/guardians of exceptional children a reasonable time before the school system proposes to initiate or change the identification, evaluation, or educational placement of a child with special needs. The written notice shall give a full explanation of all of the procedural safeguards available to parents/guardians.
20 U.S.C. 1400 et seq.
Adopted Effective: July 1, 1999
