Enrollment Determination Colorado Charter School Institute BOOT CAMP September 1, 2015

Enrollment Determination Procedures for Students with Disabilities Each CSI Charter School Contract establishes general enrollment timelines and procedures for all students. A school may deny enrollment to a student with disabilities in the same manner and for the same reasons as students without disabilities. For additional Guidance – see Legal Issues Webinar – Kathleen Sullivan, Attorney nts/special education/special education trainings and webinars/ nts/special education/special education trainings and webinars/

District of Residence or Attendance The Charter School Institute is the Administrative Unit (AU) and School of Attendance The School District in which the student resides is the district of residence

Purpose The purpose of the Enrollment Determination meeting is to prepare the school to ensure FAPE is provided for students with disabilities on the first day they arrive at school.

CRS (3) An institute charter shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability…or need for special education services.

CRS (3) Enrollment in an institute charter shall be open to any child who resides in the state; except that an institute charter school shall not be required to make alterations in the structure of the facility used by the institute charter school or to make alterations to the arrangement or functions of rooms within the facility, except as required by federal law. Enrollment decisions shall be made in a non-discriminatory manner… However Under federal law, Section 504 and the ADA the charter school would need to relocate classes to accessible spaces within the facility.

Enrollment Determination Procedures for Students w/ Disabilities Guidance: Before the student is enrolled in the charter school: The school will obtain the most recent IEP. The team will also review the most recent eligibility IEP to help guide decisions. (*) An enrollment screening review team consisting of the School Administrator or designee, Special Education Teacher and the CSI Special Education Coordinator or “designee” shall review the IEP to assist in determining whether a free appropriate public education (“FAPE”) is currently available at the school for the student. In the few cases where the screening team finds the application requests a significant change of placement or raises other concerns about the student’s ability to access FAPE, the School shall convene a complete IEP team to make the final determination.

Enrollment Determination Procedures for Students w/ Disabilities Once the enrollment screening review team has reviewed all information two outcomes are possible: 1. FAPE is available: student enrolls (this should occur in nearly all cases) 2. FAPE is Questioned due to a significant change of placement or other concerns about the student’s ability to access FAPE- Refer to IEP Team

Enrollment Determination Procedures for Students w/ Disabilities: FAPE is Available FAPE is available- the student enrolls in the charter school. Student must have IEP in place on first day of school Next Steps: Special Education teacher schedules a Transfer IEP Meeting. IEP Team decides to Adopt or Not Adopt IEP Follow IEP Transfer Procedures

Transfer IEP Procedures: Adopt The IEP is adopted & the student will receive services (time, intensity, qualified personnel) according to their current IEP until the next IEP Review. Case Manager: Scan/upload previous Eligibility IEP, current IEP & Transfer paperwork into Student Information System i.e. ALPINE, IC, etc. Include all paperwork including the Notice of Meeting & signature page. If you could not obtain “initial provision to provide special education” have parents sign one Create an the next scheduled review date All original dates stay in place

Transfer IEP Procedures: Not Adopt Comparable Special Education and Related Services are provided during the 30 days the team has to redevelop the IEP. Case Manager: Complete Transfer/Do Not Adopt with parent signature. Complete PWN/Consent to Evaluate, Notice of Meeting The team has 30 days to assess & develop the IEP. If eligibility was re-determined, all dates change accordingly.

Enrollment Procedures: Change of Placement Guidance: If the student’s application requests a significant change of placement: Enrollment Screening Review Team refers to IEP Team the IEP Team must first consider the need for reevaluation by reviewing the listed information and determining whether additional information is necessary to determine the student’s eligibility for special education, the student’s educational needs, and any necessary additions or modifications to the special education and related services. If the team (including a request by the parent), determines that additional evaluative information is necessary, the School shall reevaluate: Follow IEP Procedures: the Special Education Director of the student’s administrative unit of residence (school district or BOCES) must be invited to the IEP meeting. The IEP team must review all available information, including the student’s application, records, current data, data from the IEP, information provided by the parents, and/or data from the assessment team, to determine whether the student can receive FAPE upon enrollment*

Enrollment Determination Procedures for Students w/ Disabilities: When there are other concerns When there are “Other” concerns? Enrollment Screening team refers to IEP Team and the team follows the IEP procedures for consideration of a re-evaluation Also…. Contact CSI Special Education Director Consult with School Counsel

IEP Meeting: When FAPE is Available If IEP Team Determines that FAPE is Available IEP Team follows Transfer IEP procedures

IEP Meeting: When FAPE is Not Available Rarely Occur- seek school counsel. If the IEP team determines the student will not be able to receive FAPE, then the IEP team will deny the student’s application for admission to the school and refer the student to the Institute Director of Special Education or designee. The Institute Director of Special Education or designee will confer with the school, student and family regarding the decision. If the student's application for admission is denied, the student's current placement shall remain as determined by the prior IEP.

IEP Meeting: Dissent? If there is dissent or disagreement among the IEP team or from the parents about FAPE the CSI Director of Exceptional Students must be notified.

Enrollment Determination Considerations: Situations which may indicate a school would question FAPE or when accepting the student will create a significant change of placement. A student is requesting a transfer from a center-based program, a day treatment center or a residential treatment center, and a student’s IEP indicates such intensive IEP services that, if enrolled, LRE would be significantly affected. A student is currently enrolled in a “brick and mortar” school & applies for enrollment in an “online” program or – the opposite.

Enrollment Determination Procedures for Students w/ Disabilities, Further Considerations: Situations which do not necessarily indicate a school cannot provide a FAPE: When a students IEP requires a specific specialized service provider that the school does not current have on staff. When a students IEP requires a specific program, academic or behavioral, that the school does not use. When a students IEP has a behavior intervention plan. When a student has a particular disability such as Autism Spectrum Disorder or a Hearing Impairment.

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