To receive services from federal remediation, learning assistance (LAP) or special education programs, a student must meet the qualifying criteria for that program:
A. Students with any handicapping condition may receive both special education and federal remediation services, if eligible for both services. A student may receive federal remediation services only in academic areas in which the student does not have a qualifying deficit for special education services.
B. Students whose special education is limited to services provided by a communication disorders specialist, physical therapist or occupational therapist may receive LAP services. Such students may receive any type of LAP services for which they are eligible.
C. A student may receive either federal remediation or LAP service in an academic area for which the student qualifies, but not both services. A student may receive federal remediation services in any one eligibility area and LAP services in another eligibility area.
D. A student eligible for special education may receive federal remediation or LAP services only if the student has the capacity to make substantial progress toward functioning at a level appropriate to the student's chronological age without substantially modifying the level or intensity of the federal remediation or LAP instruction.
Special education, federal remediation and LAP services may be combined to benefit the special needs student:
A. Separate programs: The student may be served separately by more than one special needs program.
B. Cooperative programs: Staff members from special education, federal remediation and/or LAP programs may work together to serve more than one group of special needs students in a school. A special education teacher and a federal remediation instructional assistant may provide services for students who are eligible for special education and/or federal remediation services. Staff time and other expenditures should be documented separately for each program for financial purposes.
C. Unified program: One teacher certified to teach special education may provide services to all students in the school who are eligible for special education, federal remediation and LAP. The teacher may be assisted by a teacher aide or instructional assistant. The salary and non-salary costs may be prorated to special education, federal remediation and LAP budget accounts according to the proportion of services provided for students eligible for each of the types of service.
Adopted: October 26, 2009