2014-2015
Cambridge Public Schools
Guide to Policies
STAFF EDITION
Special Education Policies
from
Rights and Privileges Section
(Pgs 49-54)
-
Goals and Introduction
3 -
Segment 1: Non-Discrimination Against Students
4 -
Segment 2: Reasonable Accommodations Policy and Procedure
5 -
Segment 3: Notice of Rights Under Section 504 of the Rehabilitation Act of 1973
6 -
Segment 4: Special Education
8 -
Segment 5: Students with IEPs and 504 Plans
9
Goals and Introduction
The goal of this BookBuilder is to make the special education policies of the Cambridge Public Schools (CPS) accessible to all Cambridge teachers. By clarifying language and relating policies to specific classroom practices, this book will bring to life special education policies for teachers, specifically general education teachers who may not be as familiar with special education regulations.
This BookBuilder contains the first 5 segments of the "Rights and Privileges" section of the CPS Guide to Policies for Staff (Full text available here). These sections were chosen because they deal specifically with special education policy.
*Note: The table of contents lists the pages for these segments as 49-54, however in the actual document, the segments are located on pgs 46-52
The accomodations in this book are :
Formatting and Rewording
Most of the text is taken directly from the CPS Guide to policies, however some sentences have been reworded for clarity. This will be indicated by italics. Also large blocks of text have sometimes been broken up into chunks or bulleted lists to make them easier to read.
Relevant Links
In some cases, words will be linked to specific pages on the Cambridge Public School website for quick reference. Teachers can click on these links to access more information specific to Cambridge.
(Text-to-Speech) TTS
Text-to-speech will be enabled for teachers who would perfer to listen rather than read on a screen.
Glossary:
Definitions of terms, particularly legal terms, will be defined through links in the text. This makes the text more readable for those without a legal background.
Response Sections
The response sections on each page will provide thinking prompts that will help teachers connect the policies to thier own work.
Coaches
Click on each coach below, and they will describe how they will assist throughout this book.
Segment 1: Non-Discrimination Against Students
Chapter 76, section 5 of the Massachusetts General Laws states that: “[no] person shall be excluded from or discriminated against
- in admission to a public school of any town,
- in obtaining the advantages,
- in obtaining the privileges or
- in obtaining the courses of study
of such public school on account of race, color, sex, gender identity, religion, national origin or sexual orientation.”
CPS is committed to providing an atmosphere in which all students can learn and can participate in all activities
pertaining to their education. Corporal punishment in any form is expressly forbidden. Moreover, any behaviors that
- insult the dignity of others,
- interfere with their freedom to learn or
- create hostile academic environment
are unacceptable and shall result in disciplinary action being taken.
Additionally, any intimidation, threats, harassment, degradation, humiliation or other retaliatory conduct directed at students will not be tolerated and shall result in disciplinary action being taken against the teacher.
School staff will not attempt to impede or discourage students or their parents/guardians from reporting such conduct to school officials. Any such interference should be reported immediately to the Superintendent.
Segment 2: Reasonable Accommodations Policy and Procedure
CPS does not discriminate in admission, treatment, access to or employment in its programs or activities. It is the policy of CPS to provide reasonable accommodations to known physical and mental impairment of students.
Requests for Section 504 accommodations for students can be made directly to the 504 Coordinator at the student’s school.
Requests for Section 504 accommodations for employees can be made directly to Human Resources. The 504 Coordinator for the school district is
Dr. Victoria L. Greer
Assistant Superintendent for Student Services
159 Thorndike Street, Cambridge, MA 02141
617-349-6500
Segment 3: Notice of Rights Under Section 504 of the Rehabilitation Act of 1973
These rights apply to parents/guardians and students who have reached the age of majority (18):
1. The parent/guardian or student who has reached the age of majority has a right to receive a copy of a notice of procedural rights when the school district
- identifies, evaluates, refuses to evaluate, or makes a new educational placement
- denies a new educational placement or
- makes any significant change in the educational placement of the student
because of the student’s disability or suspected disability.
2. The parent/guardian or student who has reached the age of majority has the right to an evaluation of the student if the school district has reason to believe that the student has a mental or physical impairment that substantially limits learning or some other major life activity. This will happen before any plan for accommodation and before any subsequent significant change in the educational placement of the child. An
example of a significant change in educational placement is a referral for expulsion.
3. The student has the right to a free appropriate public education at the same cost as children who are not disabled.
4. To the maximum extent possible, the student has the right to be educated with children who are not disabled.
5. The parent/guardian or student who has reached the age of fourteen or older or entered ninth grade has the right to examine all relevant records the school maintains on the student.
Segment 3: Notice of Rights Under Section 504 of the Rehabilitation Act of 1973 (Continued)
6. The parent/guardian or student who has reached the age of majority has the right to an impartial due process hearing if they wish to contest any action of the Cambridge Public Schools with regard to their student’s identification, evaluation, or placement.
7. If the parent/guardian or student who has reached the age of majority wishes to contest an action taken by a Section 504 team by means of an impartial due process hearing, a Request for Hearing must be submitted to the Bureau of Special Education Appeals (BSEA). This written request for a hearing must also be submitted to the attention of the Superintendent, Cambridge Public Schools. If the parent/guardian or student who has reached the age of majority ultimately disagrees with the decision of the hearing officer, they have a right to seek review of that decision by filing a complaint with the federal district court.
8. If the parent/guardian or student who has reached the age of majority has other issues surrounding the student’s education that do not specifically involve identification, evaluation or placement, he or she has the right to present a grievance or complaint to the school district’s Section 504 Coordinator (See previous page for contact information).
9. The parent/guardian or student who has reached the age of majority also has the right to file a complaint with the Office of Civil Rights of the United States Department of Education, Boston Office.
Segment 4: Special Education
Federal and state law guarantees every student the right to a free and appropriate public education regardless of disability.
If a parent/guardian believes that his or her child is in need of special education services, the parent/guardian has the right to seek an evaluation of his/her child to determine if he or she is eligible for such services.
If a staff member has a specific concern regarding the academic and/or social and behavior needs of a child, he or she should bring those concerns to the attention of the principal, upper school head, or other designee for initiation of a Response to Intervention and/or Instructional Support Team process.
Segment 5: Students with IEPs and 504 Plans
Students receiving special education, students with disabilities and students with 504 Plans (as defined by federal and state laws and regulations) are expected to follow the Rights and Responsibilities Handbook, except in certain cases. More specifically, IEPS and 504 Plans will indicate whether the student can be expected to meet the regular discipline code in the Rights and Responsibilities Handbook or if the
student’s disability requires specially designed discipline procedures that address the student’s needs.
If the student’s behavior is impacted by his/her disability, such behaviors will be addressed through the IEP and/or 504 TEAM process.
If student whose IEP or 504 Plan does not reflect the need for modifications to the discipline code, in addition to making any administrative decision under the Rights and Responsibilities Handbook the Principal, Head of Upper School, or other designee will notify the Office of Student Services of the suspendable offense. A copy of the suspension notice will be forwarded to the Office of Student Services.
Segment 5: Students with IEPs and 504 Plans (Continued)
Staff from the Office of Student Services shall be involved in all administrative decisions under the Rights and Responsibilities Handbook involving students with disabilities.
If an administrative decision under the Rights and Responsibilities Handbook will not impact the student’s placement and/or will not result in a cumulative suspension of more than ten (10) school days during a
school year, a TEAM meeting is not required.
If an administrative decision under the Rights and Responsibilities Handbook will impact the student’s placement and/or will result in a cumulative suspension of more than ten (10) school days during a school year, a TEAM meeting is required before any administrative decision with respect to discipline is made.
Prior to making an administrative decision under the Rights and Responsibilities Handbook, the Principal or Head of Upper School shall determine whether or not the student has been designated a student with a disability or has been referred for a special education evaluation but not yet determined to be eligible for special education services.
A student who has not been determined to be eligible for special education and who has engaged in behavior that violated any rule or code of conduct may assert any of the protections provided by state and federal special education laws if the school had knowledge that the student had a disability before the behavior occurred.
Segment 5: Students with IEPs and 504 Plans (Continued)
The school department is deemed to have knowledge that a student is a student with a disability if before the behavior that precipitated the disciplinary action the following occurred:
- The parent/guardian has expressed concern in writing to supervisory or administrative personnel or a teacher of the child that the student is in need of special education services; or
- The parent/guardian has requested an evaluation of the student; or
- The student’s teacher or other school personnel have expressed specific concern about a pattern of behavior demonstrated by the student directly to the Assistant Superintendent for Student Services or other supervisory personnel in the Office of Student Services.
The school department is deemed not to have knowledge that the student is a student with a disability if:
- The parent/guardian has not allowed an evaluation of the student; or
- The parent/guardian has refused services for the student; or
- The student was evaluated and found ineligible for special education and related services.
If the school department is not deemed to have knowledge that the student is a student with a disability, the student may be disciplined under the discipline code set forth in the Rights and Responsibilities Handbook except that the following limitations apply:
- If the parents/guardians of the student request an evaluation during the time that the student is subjected to discipline, then the evaluation must be conducted quickly; and
- Until the evaluation is completed, the student remains in the educational placement determined by school authorities.
Segment 5: Students with IEPs and 504 Plans (Continued)
The following is a summary of the rest of segment 5. It does not have to do with the classroom or classroom teachers, so it is not being covered in detail.
If a TEAM needs to be convened, the students parents / guardians and other TEAM members will consider the circumstances of the behavior and determine whether or not the disability of the student played a part.
The TEAM will also reevaluate the IEP or 504 Plan of the student and provide an alternative education plan if the student will not be allowed to remain at the school. If the parents request a hearing, the student will remain at his or her original school during that time period.
TEAM s have the option to remove students for up to 45 days if a student:
- brings a weapon to school
- sells drugs or controlled substances at school
- inflicts serious bodily injury on another person
Thank you for reading!
Here is the full text of the Rights and Responsibilties Handbook:
Here is the direct link to the Cambridge Public School Office of Student Support website:
http://www.cpsd.us/departments/office_of_student_services