State of Vermont Special Education Rules

1 State of Vermont Special Education Rules Adopted June 1, 2013. State OF Vermont . GOVERNOR. Peter Shumlin Vermont AGENCY OF Education . SECRETARY. Armando Vilaseca Vermont State BOARD OF Education . 2013. Stephan Morse, Chair Newfane Sean-Marie Oller, Co-chair Bennington Lachlan Francis, Co-Chair Putney Laura Harris Williston Krista Huling Jefferson Bonnie Johnson-Aten Montpelier Margaret MacLean Peacham William Mathis Brandon Stacy Weinberger Burlington Mark Perrin Middlebury The Vermont Agency of Education does not discriminate on the basis of race, national origin, creed, marital status, gender, disability, age or sexual orientation in its programs or activities. Vermont Special Education Rules Page 2 of 169. (Revised: 2013). Table of Contents Statutory 10. Introduction .. 10. Individuals with Disabilities Education Act 2004.

2 10. General Provisions of Vermont 's Special Education Rules .. 11. 2360 Special Education in Vermont .. 11. Statement of Purpose .. 11. Free Appropriate Public Education (FAPE) (34 CFR ) .. 11. FAPE for children beginning at age 3 .. 11. FAPE for students who have 12. FAPE for students who have dropped out of school .. 12. FAPE for children advancing from grade to grade .. 12. FAPE for students who are incarcerated in adult correctional facilities .. 12. Residential Placement (34 CFR ) .. 13. Assistive technology (34 CFR ).. 13. Extended School Year Services (34 CFR ) .. 14. Non-academic services (34 CFR ) .. 14. Physical Education (34 CFR ) .. 15. Program options (34 CFR ) .. 15. Special Education 15. Personnel Qualifications .. 18. Required Forms .. 19. Use of Insurance .. 19. Related 21. Individual Education Programs (IEP) (34 CFR ).

3 25. Vermont Special Education Rules Page 3 of 169. (Revised: 2013). Routine checking of hearing aids and external components of surgically implanted medical devices (34 CFR ) .. 25. Child Find (34 CFR ) .. 25. Reserved .. 28. Part C Vermont Rules Governing Services to Children Birth up to Age Three .. 28. Part C Early Intervention Services .. 28. Part C and CIS/EI 28. Public Awareness and Child Find (CFR ; ) .. 35. Screening (CFR , , (a)(1)) .. 37. Evaluation of the Child and Assessment of the Child and Family (34 CFR. ) .. 39. Eligibility (34 CFR ) .. 41. Individualized Family Service Plan (IFSP/One Plan) (34 CFR ) .. 43. Notifications of Transition at Age Three (CFR ) .. 47. Late Referral Procedures .. 48. Transition Conference (CFR (c) (d)) .. 49. Eligibility for EEE Services at Age Three .. 50. Records .. 52. Procedural Safeguards.

4 53. Part B Vermont Rules Governing Services to Children Ages Three through Twenty-One .. 53. 2361 Part B Serving Children/Students Ages Three Through 53. Part B Definitions .. 53. Essential Early Education (EEE) Eligibility of Children Age Three Years Up To the .. Sixth Birthday .. 64. Educational Placement in the Least Restrictive Environment (LRE) .. 66. Transition for Children Moving into Kindergarten .. 66. Vermont Special Education Rules Page 4 of 169. (Revised: 2013). IEP Content .. 67. 2362 Eligibility for Children Ages Six Years through Twenty-One (34 CFR ) .. 60. Categories of Disability .. 69. Procedures for Evaluation and Determination of Eligibility-Definition and Purpose .. 76. Initial Evaluations (34 CFR ) .. 76. Evaluation Planning Team (EPT) Membership .. 78. Re-Evaluation Requirements (34 CFR ).

5 79. Evaluation Procedures .. 79. Additional Procedures for Identifying Children With Specific Learning Disabilities (34 CFR ) .. 84. Evaluation and Planning Team Report .. 86. Students Who Are Determined to Have a Disability, But Are Not Eligible for Special Education .. 88. Independent Educational Evaluation (34 CFR ) .. 89. 2363 Individualized Education Program (IEP) (34 CFR ) .. 90. Timelines (34 CFR ) .. 91. Responsibility of LEAs for IEPs .. 91. Individualized Education Program Team (34 CRF ).. 91. Parent Participation in IEP Meeting (34 CFR ).. 93. Notice About IEP Meeting (34 CFR (b)).. 95. Development, Review, and Revision of IEP (34 CFR ) .. 95. Content of IEP (34 CFR ) .. 97. Consent for Initial Provision of Special Education Services (34 CFR (b)) .. 100. Distribution and Explanation of the IEP Document (34 CFR (d)).

6 102. IEP Requirements for Placements by LEAs in Independent Schools or Tutorial Programs (34 CFR ) .. 102. Vermont Special Education Rules Page 5 of 169. (Revised: 2013). IEP For A Student Moving Into The LEA When The Student Has Been Eligible Or Was Being Evaluation For Special Education In Another State Or In Another Vermont LEA. CFR (e) and (f)) .. 103. IEP Accountability .. 104. 2364 Least Restrictive Environment (LRE).. 104. General LRE Requirements (34 CFR ) .. 104. Continuum of Alternative Placements (34 CFR ) .. 105. Placements (34 CFR ) .. 105. LRE for Non-Academic and Extra-curricular Activities (34 CFR ) .. 106. Technical Assistance, Training and Monitoring Activities for LRE (34 CFR. ) .. 106. Instruction for Homebound or Hospitalized Special Education Students .. 107. 2365 Parental Rights and Confidentiality of Information.

7 107. Parental Rights .. 107. Notice: Content of Notice (34 CFR ) .. 107. Procedural Safeguards Notice (34 CFR ) .. 108. Parental Consent .. 110. Mediation .. 111. Administrative Complaints .. 113. Due Process Complaint Procedures .. 116. Impartial Hearing Officer .. 130. Finality of A Due Process Hearing Decision; Appeal .. 131. Civil Action .. 131. Attorneys' Fees .. 132. Child's Status During 134. Transfer of Parental Rights at Age Majority .. 134. Confidentiality of Information and Student Records .. 135. Vermont Special Education Rules Page 6 of 169. (Revised: 2013). Notice to Parents .. 143. Access Rights to Records .. 136. Record of Access .. 137. Records on More than One Child .. 137. List of Types and Locations of Information .. 137. 137. Amendment of Records at Parent's Request .. 138. Opportunity for a Hearing.

8 138. Result of Agency's Hearing .. 138. Hearing Procedures .. 139. Consent .. 139. Safeguards .. 140. Destruction of Information .. 140. Children's 141. Disciplinary Information in Student Records .. 141. 2366 State Funding for Special Education .. 142. Special Education Service Plan .. 142. Allowable Special Education Expenditures for State Formula Reimbursement .. 142. Instructional 143. Related 144. Special Education Administration .. 144. Evaluation 145. Costs of Placement in Approved Independent Schools .. 145. Unallowable Expenditures .. 146. Transition from Residential Placement .. 146. Special Education Administration Costs .. 147. Vermont Special Education Rules Page 7 of 169. (Revised: 2013). Special Education Expenditures Defined .. 147. Financial Expenditure Report .. 148. Appealing Late Fee Penalties.

9 148. Filing an Appeal of 148. Appeal Decision .. 148. Unforgiven Penalties .. 148. Corrections Education .. 149. Collaborative Programs .. 149. Collaborative Program Definition; Tuition .. 149. Collaborative Program 149. Non-collaborative Tuition .. 149. Excess Costs Procedure .. 150. Allowable Costs Reporting .. 150. (Reserved) .. 150. Allocation of Attorney's Fees .. 151. Schedule of Special Education Payment and Reporting .. 151. Reimbursement for the Costs of Educating State -Placed Children .. 152. State -placed Student is defined in 16 11(a)(28) .. 152. LEA Reimbursement for Special Education Costs .. 152. Payments for State -Placed Students in Residential Placements and Out-of- State Public Schools .. 153. State Funding for Essential Early 153. Essential Early Education Funds .. 153. Essential Early Education Grants Funds.

10 153. Residential Placements .. 154. State -Operated Residential Schools and Day 154. Vermont Special Education Rules Page 8 of 169. (Revised: 2013). Individual Residential Placements .. 154. Local Educational Agency Plan ( 158. 2367 (Reserved) .. 158. 2368 Children with Disabilities Enrolled in Independent Schools and in Home Study .. 158. Children with Disabilities Enrolled by their Parents in Independent Schools and in Home Study .. 158. Child Find (34 CFR ) .. 158. Child-Count (34 CFR (c)) .. 159. Proportionate Share of IDEA-B Funds (34 CFR (b)).. 159. No Right to FAPE for Children with Disabilities Placed by Their Parents at Independent Schools or in Home Study (34 CFR (a)) .. 160. Services Determined .. 160. Services Plan and Record Keeping (34 CFR ) .. 162. Equitable Services Determined (34 CFR ) .. 163. Location of Services Transportation (34 CFR ).)