Special Services & Policies

Individualized Education Programs
Physical Restraint
Programming in the Least Restrictive Environment
Disciplinary Removal of Students with Disabilities
Independent Educational Evaluations
Referral to the Pupil Evaluation Team
Time out Rooms and Therapeutic Restraint
Child Find Policy
for more information contact Deryl Holt, Director of Special Services

Individualized Education Programs

It shall be the policy of Great Salt Bay School Department to maintain a complete individualized education program ("IEP") for each student who has been identified with a disability and in need of special education services under state and federal special education laws, and who is in attendance at Great Salt Bay School Department's public schools. Great Salt Bay School Department shall develop these IEPs in a manner consistent with the procedural requirements of state and federal special education laws.

Student IEPs shall be reasonably calculated to provide the identified student with educational benefits in the least restrictive educational environment. Great Salt Bay School Department shall ensure that such IEPs are in effect within 30 days of when a student is first identified as in need of special education services, and that such IEPs are reviewed at least annually, as prescribed by state and federal special education laws.

References: 20 U.S.C. § 1414(d); 34 C.F.R. § 300.340 to .350 (Mar. 1999); Me. Dep't of Educ. Reg. ch. 101, § 1.4, 10.1 to 10.5 (Nov. 1999)

School Board Adoption: Bristol - 3/6/02; Nobleboro - 2/20/02; South Bristol - 3/5/02; GSB 3/13/02.

Physical Restraint

Great Salt Bay School may use physical restraint on students who present an immediate threat of physical harm to themselves or others. Restraint should not be used beyond the point necessary to prevent the student from harming him/herself or others, and should be applied in a caring manner if at all possible.

For a student who cannot be safely restrained in this fashion, school officials shall attempt to ensure that other students are removed from the threat of harm and that the student does not have access to items that could be dangerous.

When the student is unable to be brought under control, school officials should attempt to contact the student's parents for assistance and should contact the police if necessary to maintain a safe environment.

This policy can be modified in the case of students with identified disabilities through a determination by the student's Pupil Evaluation Team.

Legal Reference: 20-A MRSA § 4009

School Board Adoption: Bristol - 5/1/02; Nobleboro - 4/24/02; South Bristol - 5/7/02; GSB - 5/8/02

Programming in the Least Restrictive Environment

The Great Salt Bay School Department shall program for students with disabilities in the least restrictive educational environment that can appropriately address the student's needs. Toward that end, the Great Salt Bay School Department shall ensure that, to the maximum extent appropriate, students with disabilities are educated with children who are not disabled, and that special education, separate schooling or other removal of students with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

Determinations regarding programming in the least restrictive environment shall be made by the student's pupil evaluation team (PET) and shall draw upon a multidisciplinary assessment of the students needs. Great Salt Bay School Department shall make available, as appropriate, the full continuum of educational placements when making placement determinations.

The Superintendent of Schools, in consultation with the Director of Special Education, may develop and promulgate procedures for implementing this policy, and may from time to time amend those procedures as necessary.

References: 20 U.S.C. § 1412(a)(5); 34 C.F.R. § 300.550 to .552; Me. Dep't of Education Reg. ch. 101, § 11.1 to 11.3 (Nov. 1999).

School Board Adoption: Bristol - 4/3/02; Nobleboro - 3/20/02; South Bristol - 4/2/02; GSB - 4/10/02.

Disciplinary Removal of Students with Disabilities

When removing students with disabilities from their regular school programs, whether as a result of a suspension, an expulsion, or any other removal covered by state and federal special education laws, it shall be the policy of Great Salt Bay School to comply fully with all applicable state and federal special education laws that govern such removals.

The Superintendent, in consultation with the Director of Special Education and other school administrators, may develop and promulgate procedures for implementing this policy and may, from time to time, amend those procedures as necessary.

Legal Reference: 34 CFR ss 300.121; .519-.529 (March 1999, as amended) Me Spec. Ed. Reg. Ch. 101 ss 14 (November 1999, as amended)

School Board Adoption: Bristol - 6/11/02; Nobleboro - 5/15/02; South Bristol - 6/4/02; GSB - 6/10/02

Independent Educational Evaluations

A parent of a student with disabilities has a right to obtain an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the local school unit. An "independent educational evaluation" means an evaluation conducted by a qualified examiner who is not employed by the local school unit.

If a parent requests an independent educational evaluation at public expense to challenge an evaluation obtained by the local school unit, the school must provide a written response to that request within a reasonable period, not to exceed 30 days of the receipt of the request, and shall, without unnecessary delay, either (1) initiate a hearing with the Maine Department of Education to show that its evaluation is appropriate, or (2) ensure that an independent educational evaluation is provided at public expense, unless the local school unit demonstrates in a hearing with the Maine Department of Education that the evaluation obtained by the parent did not meet agency criteria.

If a parent requests an independent educational evaluation at public expense, the public agency may ask for the parent's reason why he/she objects to the local school unit's evaluation. However, the explanation by the parent may not be required, and the local school unit may not unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the local school unit's evaluation.

If the independent evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the local school unit uses when it initiates an evaluation.

The local school unit shall provide to the parent, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained and information about the school's criteria applicable to independent educational evaluations at public expense.

If the parent obtains an independent educational evaluation at private expense, the results of the evaluation must be considered by the local school unit, if that evaluation meets the local school unit's criteria for independent educational evaluations, in any decision made with respect to the provision of a free appropriate public education for the child.

If the parent requests an independent evaluation at public expense when the parent does not disagree with an evaluation provided by the local school unit, or when the school has not recently provided an evaluation in the area requested, the parent request shall be referred without unnecessary delay to the PET to determine whether the PET should order an evaluation in the area requested.

Legal Reference: 34 CFR § 300.502 (March 1999) ME Dept. of Ed. Reg. Ch 101 § 9.19, 12.5 (November 1999)

School Board Adopted: Bristol - 4/3/02; Nobleboro - 3/20/02; South Bristol - 4/2/02; GSB - 4/10/02.

Referral to the Pupil Evaluation Team

Great Salt Bay School Department has the responsibility of identifying all children between the ages of 3 and 20 within its jurisdiction who may be exceptional students. It is our policy that this will be accomplished through a unit-wide screening process which, while not a definitive or final judgment of a student's capabilities or exceptionality, is a possible indicator of special education needs.

Final identification of exceptional students and programming for such students occurs only after an appropriate evaluation and a determination by the Pupil Evaluation Team. The superintendent or designee will develop procedures to ensure that:

• a practical method of documentation is maintained regarding which children are receiving needed special education services and which are not;
• all exceptional children between the ages of 3 and 20 are located, evaluated, and identified;
• identification procedures for children between the ages of 5 and 20 are in place and that appropriate special education programs and related services are provided to those identified children;
• the public is made aware of the district's responsibility to locate, evaluate, and identify all exceptional children and what services are available in the district's special education program, and who the contact person for the district is;
• the following activities are documented:
  • identification and location of out of school special needs children ages 3 to 20;
  • involvement of local and regional agencies; and
  • screening and referral procedures are in compliance with the Maine Special Education Regulations.

  School Board Adopted: Bristol - 3/6/02; Nobleboro - 2/20/02; South Bristol - 3/5/02; GSB - 3/13/02.

  Time Out Rooms and Therapeutic Restraint

  Great Salt Bay School hereby authorizes school officials to use designated time out rooms and therapeutic restraint to the extent permitted by law, and in a manner consistent with state law and regulations. The Superintendent of Schools is responsible for developing procedures for the use of designated time out rooms and therapeutic restraint. This policy and any accompanying procedures shall be reviewed at least annually by the Superintendent or his/her designee, and the Superintendent shall recommend to the School Board any needed changes in this policy.

  For the purposes of this policy and any accompanying procedures, the terms "designated time out room" and therapeutic restraint" shall have the following meanings:

  Designated time out room: A designated time out room is a room used specifically to isolate a student for the purpose of bringing under control student behavior that is dangerous or presents a risk of significant property damage. Dangerous behavior is behavior that presents a risk of injury or harm to that student or to others, and in the judgment of those involved, cannot be controlled through interventions short of isolation in the designated time out room.

  This policy and any accompanying procedures do not apply to interventions such as sending a student to the Principal's office, to any staff member's room or office, or to any other such setting, but is instead limited to use of a room specifically designated by the Superintendent of Schools for the purpose of isolating students as described above. Use of this area to control student behavior must comply with this policy and any procedures developed hereunder.

  Therapeutic Restraint: Therapeutic restraint is physical restraint of a student for the purpose of preventing that student from injuring him or herself or others, when such restraint is undertaken in accordance with an individualized, written plan that specifically calls for therapeutic restraint. Therapeutic restraint as defined in this policy and any accompanying procedures should be administered by personnel trained in that restraint.

  Therapeutic restraint does not include any intervention by any school official that would otherwise be governed by state law on the use of reasonable force (20-A M.R.S.A. § 4009), which includes the use of a reasonable degree of force by school officials against a person who is creating a disturbance, when the official believes that force is necessary to control the disturbing behavior or to remove the person from the scene of the disturbance.

  References: 20-A M.R.S.A. § 4502 (5) (M) and accompanying regulations; 20-M.R.S.A.§4009

  School Board Adopted: Bristol - 5/1/02; Nobleboro - 4/24/02; South Bristol - 5/7/02; GSB - 5/8/02.

  Child Find Policy

  The Great Salt Bay, CSD School Board seeks to ensure that all students within its jurisdiction are identified, located and evaluated who are school age: 5 through the school year in which they turn 20, and who are in need of special education and supportive assistance, including state wards, state agency clients, students who have been suspended or expelled, children attending private schools, and home schools, institutional residents, highly mobile children with disabilities, and children who are suspected of being disabled and in need of special education and supportive assistance even though they are advancing from grade to grade.

  This child find responsibility shall be accomplished through a District-wide process which, while not a definitive or final judgment of a student's capabilities or disability, is a possible indicator of special education needs. Final identification of students with disabilities and programming for such students occurs only after an appropriate evaluation and a determination by the Pupil Evaluation Team.

  As part of this child find responsibility, the local school unit shall identify, locate and evaluate all students enrolled in public school, private schools, or home schools, including all entering kindergarten students and transfer students at any grade level.

  The child find process shall include obtaining data on each student, through direct assessment or by indirect means of the student's academic performance, gross and fine motor skills, receptive and expressive language skills, vision, hearing and cognitive skills.

  If the child find process indicates that a student may require special education and supportive services in order to benefit from regular education, the student shall be referred to the Pupil Evaluation Team to determine the student's eligibility for special education services. School staff, parents, or agency representatives may refer students to the pupil evaluation team if they believe that the student, because of a disability, may be in need of special education and supportive services in order to benefit from regular education.

  factors that may be considered when making a referral might include whether the student has accumulated 45 absences during a school year, has been suspended or removed for disciplinary reasons in excess of 10 cumulative school days in the school year, or has experienced an illness, hospitalization, or accident that may indicate a need for special education and supportive services. These considerations are guidelines only, and do not mandate or preclude referral to the Pupil Evaluation Team.

  References: 34 C.F.R. § 300.125 (1999); Me. Dep't of Educ. Reg. ch. 101, § 7.1 to 7.10 (1999).

  School Board Adopted: Bristol - 1/2/02; Nobleboro - 1/16/02; South Bristol - 1/8/02; GSB - 1/9/02.