Current through Register Vol. 48, No. 38, September 20, 2024
a) The Department shall be responsible for
providing appropriate and effective educational programs, at no cost to the
recipient's parents, for all exceptional persons aged 3 to 21 who are admitted,
committed or transferred into state-operated facilities in accordance with the
Code.
b) Each facility shall
provide a comprehensive program of special education for recipients who are
aged 3 to 21 years old. A comprehensive program shall include:
1) Systematic procedures for identifying and
evaluating the need for special education and intervention
modalities.
2) A continuum of
program options which incorporate appropriate instructional programs and
resource programs.
3) Qualified
personnel, who can provide:
A) Supervisory
services;
B) Instructional
programs;
C) Resource programs;
and
D) Intervention
modalities.
4)
Appropriate and adequate facilities, equipment and materials.
5) Functional relationships with other public
or private agencies necessary to provide comprehensive programming and avoid
duplicity of services. For example, some not-for-profit organizations may loan
a recipient some needed adaptive equipment; others may provide services which
are not available to the Department.
6) Interaction with parents, and with other
concerned persons, which facilitates the educational development of
recipients.
7) Procedures for
internal evaluation of the special education programs and services.
8) Continuous planning for program growth and
development based on internal and external evaluation.
c) Special education shall be established and
conducted as an identifiable component of the total treatment and habilitation
effort.
d) The Department shall be
responsible for ensuring that those recipients who require special education
services enjoy rights and privileges equal to those of all other persons who
are 3 to 21 years old.
1) No recipient between
the ages of 3 and 21 may be permanently excluded from the educational program,
either by direct action by the facility, by indication of the facility's
inability to provide an educational program or by an informal agreement between
the parents and the facility to allow the recipient not to participate in an
educational program.
2) No
recipient whose individual treatment or habilitation plan includes special
education instructional or resource programs shall be excluded from that
program.
3) Any absence from a
prescribed educational program must arise from medical limitation.
