File:  IHBA - Special Education Programs for Students with Disabilities

NOTE:  While Colorado school districts are not required by law to adopt a policy on this subject, some content in this sample reflects legal requirements school districts must follow. This sample contains the content/language that CASB believes best meets the intent of the law. However, the district should consult with its own legal counsel to determine appropriate language that meets local circumstances and needs.

In keeping with the intention of the state of Colorado and this Board of Education to offer educational opportunities to all students which will enable them to lead fulfilling and productive lives, the district shall provide appropriate educational opportunities to students with disabilities in accordance with the requirements of state and federal law.

Any student identified as a child with disabilities pursuant to the Individuals with Disabilities Education Improvement Act of 2004 (the IDEIA) who is between the ages of three and 21 and who has not been awarded a regular high school diploma and graduated from high school has the right to a free appropriate public education. These eligible students with disabilities shall be provided individualized programs appropriate to meet their educational needs, as determined by the students´ Individualized Education Program (IEP) or Individual Family Service Plan (IFSP) teams.

A student identified as a child with disabilities under the IDEIA shall become eligible for special education and related services on his or her third birthday. A student reaching age 21 after the beginning of an academic year shall have the right to complete the semester in which his or her 21st birthday occurs or attend until he or she graduates, whichever comes first. In such a case, the child is not entitled to extended school year services during the summer following such current academic year.

Students with disabilities are required by federal law to be included in state and district-wide assessments, with appropriate accommodations where necessary. Any IEP developed for a student with disabilities shall specify whether the student shall achieve the district´s academic standards or whether the student shall achieve individualized standards which would indicate the student has met the requirements of his or her IEP.

(Adoption date)

LEGAL REFS.:  20 U.S.C. §1401 et seq. (Individuals with Disabilities Education Improvement Act of 2004)

29 U.S.C. §701 et seq. (Section 504 of the Rehabilitation Act of 1973)

C.R.S. 22-7-1006.3 (3)(c) (reporting of alternate assessments)

C.R.S. 22-7-1006.3 (3)(d) (assignment of scores on statewide assessments for students with disabilities)

C.R.S. 22-20-101 et seq. (Exceptional Children's Educational Act)

1 CCR 301-8, Rules 2220-R-1.00 et seq. (Rules for the Administration of the Exceptional Children´s Educational Act)

CROSS REFS.:  AEA, Standards Based Education

IHBIB, Primary/Preprimary Education

JF-E, Admission and Denial of Admission

JK*-2, Discipline of Students with Disabilities

[Revised November 2015]