FSA 6: Students with Disabilities

Students with disabilities may not be considered for placement in an AEDY program unless all the special education procedural requirements have been met by the LEA and all special education/ 504 documents have been sent to the AEDY program prior to placement. Students with disabilities are referred to an AEDY program by an IEP team decision, unilateral removal for a weapon or drug violations, and/or inflicting serious bodily injury as mandated by Chapter 14, 711, and the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973.

**Please note that all documents related to special education policy and procedure will be reviewed by the BSE adviser(s) assigned to the monitoring**

Regulatory Base: 

• Child Find - 34 CFR 300.111

• When IEPs must be in effect - 34 CFR 300.323

• Authority of School Personnel - 300.530 (d)(e)(g)

• Positive Behavior Support - 14.133 (f)

• 504 Discipline Fact Sheet

Important documentation note (effective November 1, 2023): The Prior Written Notice for a Reevaluation and Request for Consent form has been separated into two forms, the Prior Written Notice for a Reevaluation form and the Request for Consent for a Reevaluation form (linked below). The form was separated into two forms to ensure that local educational agencies (LEAs) provide parents with prior written notice and obtain parent consent at proper times during the reevaluation process, in accordance with 34 CFR 300.300 and 300.503.

Access a video which explains the rationale for the change and how to use the two new forms.

Resources for Students with Disabilities

Required Uploads

• Upload procedures for ensuring all necessary documents have been provided to the Program prior to the student being seated

  • A sample intake checklist is available above

Frequently Asked Questions

Q: What special education documents are reviewed during the monitoring?

A: The Bureau of Special Education conducts a monitoring of students simultaneous to the AEDY Team. During this time, the BSE adviser will review all of the required files listed in the Intake packet (see a sample intake checklist here) and FSA checklist. 

Q: Which students are included in "students with disabilities"?

A: "Students with disabilities" includes students with IEPs, students with 504 plans, and students who are "thought-to-be" students with disabilities.

Q: Where should the individual files for students with disabilities be uploaded?

A: Files should all be uploaded in the Student Records section. Importantly, NO special education files should be uploaded within the student referrals.

Q: What about students who have been dually identified as Special Education and English Learner?

A: For students who are dually identified, we recommend sending LEAs use the English Learners Annotated IEP Companion Checklist (writable version available here) to ensure the student's IEP includes everything the student needs to succeed. In this case, the checklist can be uploaded in place of the EL-ILLP and all services, both special education and English Learner, outlined in the IEP.