I - Instruction Part 2
IGBI - ENGLISH AS A SECOND LANGUAGE (ESL) PROGRAM
ESL instruction will be provided for all students of limited English proficiency who qualify
according to established district guidelines and as judged by the Language Assessment
Committee. The legal basis for the program is the landmark 1974 U.S. Supreme Court
decision, Lau vs. Nichols. The U.S. Supreme Court stated that school systems must take
action to see that limited English proficient national origin minority students are able to benefit
from an education conducted in English.
Students usually will work within their own school either individually or in small groups
according to their language proficiency.
Students in the ESL program will not be enrolled in Resource Room or Speech and Language
Therapy programs unless these disabilities are identified.
The student will be dismissed from ESL instruction when he/she is testing successfully
according to his/her ability and has the proficiency needed.
CLASSIFICATION OF STUDENTS WITH LIMITED ENGLISH PROFICIENCY
A. To facilitate the identification and acceptable program placement of students who are
limited in English proficiency, the district should identify a suitable person and/or LAC
(Language Assessment Committee) to coordinate and oversee the educational program of
LEP students enrolled in the school system. The person(s) will:
1. conduct identification and language classification assessment procedures: committee
responsibility and carried out by the teacher of ESL (English as a Second Language)
2. assure appropriate program and instructional placement of student(s) classified as limited
English proficient: committee responsibility
3. develop proficiency reclassification of bilingual students: committee responsibility
4. meet periodically with English as a second language, and standard curriculum staff to
determine if student(s) is ready for partial or full-time mainstreaming: responsibility of the
teacher of ESL
5. make recommendations for classroom instructional or other services for partially and fully
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mainstreamed students and monitor the same: responsibility of committee through the teacher
of ESL
6. develop a process for informing English as a second language or standard curriculum staff
of ESL student progress: responsibility of committee through the ESL program
7. provide a system for recording assessment results, instructional placement, reclassification
procedures, and follow-up monitoring activities: responsibility of committee to develop system,
recording responsibility of the teacher
B. Identification of Newly Registering of Limited English Proficient (LEP) Students
1A. Identify primary/home language of the student with the state required Home Language
Survey, to be filled out as part of new student registration. This is accomplished by the people
at registration at McGraw, Smith, Newburgh, Weatherbee, and the guidance office at the
Academy.
a. All new students as part of new student registration will fill out the Home Language Survey.
b. Upon receiving the language survey form, the office of each school will send all language
survey forms to the ESL Program teacher for review.
c. The teacher will photocopy those forms of students having a language other than English,
for follow up. A photocopy of the form will be returned to the student’s school to be placed with
the SAD #22 school registration form in the student’s cumulative file.
d. All forms will be sent to the Coordinator of Special Services who will forward them on to the
state.
e. In case of questionable age and/or grade level, the Language Assessment Committee,
principal, and parents will meet as a group before the child is placed in order to determine
proper placement of the child.
lB. 1. For those students who indicate on the form that English is their second language, the
ESL Program teacher will:
a. Inform the classroom teacher of the primary language of the student.
b. Inform the classroom teacher of the observation period needed for documentation and
assessment of need(s) for support services.
c. Conduct an initial informal assessment.
2. Based upon (b) and (c) the ESL Program teacher will determine the need for more formal
assessment of English language proficiency using acceptable procedures and instruments.
Such assessment will include,
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a. For kindergarten and primary level students: assess student’s listening and speaking
competency, and English readiness skills.
b. For grade 3 through 12: assess student’s aural-oral skills, and reading and writing abilities.
3. The ESL Program teacher recommends for review to the LAC the names of those students,
who, based on the above, need ESL services. This data should be related to available English
language descriptions of foreign educational procedures.
4. Interview the students and/or parent(s) or legal guardian(s) in the primary/home language to
determine grade level and academic experiences, native language learning experiences the
student has had, to inform them of the program, and to obtain permission for ESL.
C. Identification of Students Currently Enrolled as Limited English Proficient (LEP)
If a teacher suspects that a student’s achievement is affected by language proficiency factors,
action shall be taken to determine the student’s English language proficiency using acceptable
procedures and instruments, administered by a qualified English as a second language
instructor. Assessment instruments and procedures should evaluate English
listening/understanding, speaking, reading, and writing abilities. Student achievement should
be comparable to English-language of the same age, ability, and grade level.
INSTRUCTIONAL PLACEMENT FOR STUDENTS IDENTIFIED AS LIMITED ENGLISH
PROFICIENT
Based upon the language and educational data collected by the
1. home language survey or standard classroom survey,
2. native language interview,
3. review of available documents or credentials, and,
4. English language proficiency assessment activities
The student with limited English proficiency shall be placed in a structured English as a
second language development program.
Source: Maine School Administrative District No. 22
Adopted: 11/8/90
IGBJ - MSAD #22 TRANSITION POLICIES
The District will maintain a Transition* Program and a Life Skills Curriculum for its special
education students that prepares them for adult independent living. The Life Skills Curriculum
will include training in the following five areas: Recreation/Leisure, Domestic Living,
Community Living, Vocational Skills and Post-Secondary Education and Training Skills.
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•The curriculum or portions thereof will be made available to the student as determined by the
PET. This determination is based on the student’s exceptionality and its effect on the student’s
achievement in the above curriculum areas and the student’s long-range goals.
•Program needs will be developed around the results of the Life Skills Evaluation and on
informal curriculum based assessments in the five curriculum domains.
•The District will track all students with identified special education needs to the age of 25, or 5
years after graduation, to collect data in areas such as geographical location, employment
history, continued education status, living arrangements, recreational activities, social
activities, marital status, children, services needed, and services receiving.
•Data from tracking will be reviewed periodically for the purpose of evaluating and revising
special education offerings.
•The Life Skills Curriculum will be reviewed at least every five years.
The District will provide long-range planning to all students with identified handicapping
conditions. The following are minimum guidelines for transition planning:
•All students with identified handicapping conditions will be evaluated in the Life Skills areas at
every Triennial review; sooner if deemed necessary by the Pupil Evaluation Team. The
evaluation will consist of a formal screening instrument or a standardized adaptive behavior
rating scale. The standardized tool must be used when documenting a handicapping condition
of mental retardation.
•Long range goals in the life skills areas will be developed at each student’s triennial meeting
and reviewed annually. The long-range goals will look ahead a minimum of three years.
Parents and students will participate in the development of the long-range goals. These areas
of need will then be identified on the cover sheet of the IEP under Like Skills Evaluation. The
goals and objectives on the IEP will support the student’s long range goals.
•Student’s needs will be prioritized as determined by the PET using the results of all the
evaluations of the triennial review and the student’s long-range goals as guides.
The District will work with adult agencies and service providers to ensure a smooth transition
from school to work, community living, and post-secondary education.
•The District will have at least one staff member on the local coordinating council (1990
Bangor Area Coordination Council) responsible for communicating information and
coordinating services between schools and community resources.
•The District will follow the 5/8/89 cooperative agreement developed by the Department of
Human Services, Vocational Rehabilitation, Department of Education and Cultural Services,
and Division of Special Education.
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•The case managers of students applying for adult services will provide what the agencies
need to determine eligibility so long as it is in keeping with the educational goals of the District
and does not incur an additional cost to the District.
•The District will develop a local agreement, or participate in development of a regional
cooperative agreement, with the Bureau of Mental Retardation delineating responsibilities.
•The District will provide a list to the local coordinating council anticipated services for students
with identified handicapping conditions at least three years before graduation.
The District will provide to parents and students information regarding resources for individuals
that are available in the community, region, and state for individuals with a handicapping
condition.
•Case managers will provide parents with packets of information specific to their child’s
identified handicapping condition.
•Case managers will offer parents assistance in initially accessing community services.
Note:
*Transition is change -- from one class to another, from one school to another, from a school
setting to living and working in the community.
Source: Maine School Administrative District No. 22
Adopted: June 20, 1990
IGDB - Student Publications (Yearbooks)
The selection of the publisher for the Academy yearbook, the SEDAN, shall be the
responsibility of a committee of students, the principal, and the yearbook advisor. Said
selection shall be subject to annual review.
SOURCE: M.S.A.D. #22
DATE: 8/18/71
IHBA - Individualized Education Programs (IEPs)
MSAD #22 will 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 MSAD #22’s public schools.
MSAD #22 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. Such IEPs shall be in effect within 30
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days of first identification. Such IEPs shall be reviewed at least annually.
References: 20 U.S.C. §§ 1414 (d); 34 C.F.R. 300.320-300.324 (Oct. 13, 2006); MSER IX (3)
(Aug. 3, 2007).
Adopted: February 2, 2005
Amended: January 2, 2008
IHBAA - Referral to the Individualized Education Program (IEP) Team
A student shall be referred to the IEP Team if:
1. a pre-referral team determines that the gap between the student’s
educational performance and the goal set for his or her grade level has not
decreased satisfactorily, or
2. the interventions are demonstrated to be effective at decreasing the gap but
require continued and substantial effort that may include the provision of
special education and related services.
A parent may refer at any time. The parent of a student receiving general education
interventions may request that MSAD #22 conduct a full and individual evaluation for
possible eligibility determination at any time during the implementation of these general
education interventions.
Individuals or agency representatives (including representatives from the Department of
Health and Human Services) with knowledge of the student may refer by contacting the
school principal or special education director.
If the child find process indicates that a student may require special education and related
services in order to benefit from regular education, the student shall be referred to the
Individualized Education Program (IEP) Team to determine the child’s eligibility for
special education services.
Professional employees of MSAD #22 may make such a referral regardless of the results
of the initial child find activities, after completion of the pre-referral intervention process
unless MSAD #22 and the parent agree that one is not needed. Referral information to be
given to the IEP Team will include the specific concerns of the staff member and/or
parent, the alternatives attempted prior to referral, and the documentation of the parent
notification of concerns by the referring party.
If any referral is made to the IEP Team, including a referral requesting evaluation of
existing data on the child, the parents of the child shall be sent prior written notice of the
referral.
All referrals to the IEP Team must be acted upon within fifteen (15) school days. The
IEP Team shall review existing evaluation data and determine the need for additional
evaluations. If additional evaluations are needed, MSAD #22 will send a consent to
evaluate form to the parent within 15 school days of the receipt of referral.
Receipt of referral is defined as the day that the special education central office or special
education case manager receives it orally or in writing. An oral referral shall be put in
writing by the special education case manager or special education director. The IEP
Team may make the decision about evaluations without a team meeting. The special
education teacher and director may consult with the parent by phone to recommend a
variety of evaluations. Consent to test form would then be mailed out to the family
within 15 school days of the receipt of referral.
Once the school receives the signed consent for testing form back from the parent,
MSAD #22 must complete those evaluations within 45 school days of receiving parental
consent for the evaluation. The same timeline also applies to reevaluations. The parents
must receive the evaluation at least 3 days prior to the IEP Team meeting at which the
evaluation will be discussed. The IEP Team needs to make a decision on eligibility
within the 45 day time period.
An exception to the 45 school day time frame is made:
1. when the parent of a student repeatedly fails or refuses to produce the
student for the evaluation.
2. when a child transfers from one school unit to another after the evaluation
time frame has begun but before it is completed. MSAD #22 will consult
with the parent to agree upon a specific time when the evaluation will be
completed. This exception does not apply to transfers within MSAD #22.
3. this exception would not apply in those situations when the child is absent
on the day the evaluation is scheduled because the child is ill.
[MSER V(1) (A)(3)(a)(P. 36)]
[MSER V(1) (B)(1) (P. 39)]
[MSER V(1) (A)(3)(a)(i)(P. 36)] [MSER IV(2)(E)(P. 20-21)] (Aug. 3, 2007)
[MSER V(1) (A)(3)(b)(ii) 34 C.F.R. 300.301 (d)(1)]
[Federal Register, Vol. 71, No. 156, at 46638 (8/14/06)] [MSER IV(2)(E)(p. 20-21) (Aug. 3, 2007)]
ADOPTED: January 2, 2008
AMENDED: March 4, 2009
IHBAC - CHILD FIND
MSAD #22 shall identify, locate, screen, and/or evaluate as needed all students who are within
the ages of three (3) and twenty (20) enrolled in public school, private schools, or home
schools within its jurisdiction. Those who may be in need of special education and related
services include:
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1. students with disabilities who are homeless, are wards of the state or state agency clients,
2. students who have been suspended or expelled,
3. students with disabilities attending private schools or receiving home instruction,
4. highly mobile students (including migrant or homeless),
5. students who have the equivalent of 10 full days of unexcused absences or 7 consecutive
school days of unexcused absences during a school year,
6. students incarcerated in county jails,
7. students who are in need of special education and related services, even though they are
advancing from grade to grade.
8. transfer students at any grade level
After the child find process, final identification of students with disabilities and programming
may occur after an appropriate evaluation and a determination by the Individualized Education
Program (IEP) Team.
The child find process shall include obtaining data on each student, through direct assessment
or by indirect means of the student's academic and functional performance, gross and fine
motor skills, receptive and expressive language skills, vision, hearing, and cognitive skills.
For any student who is referred to the IEP Team as the result of child find activities,
documentation in that student’s cumulative record file shall specify:
(1) The date, school, and person who coordinated the child find activities;
(2) A description or example of the child find activities, procedures, forms, or instruments
used; and
(3) The results of the child find activities including any recommendations and/or referrals to the
IEP Team.
When the results of a student’s child find activities do not indicate a possible need for special
education services, a notation shall be entered in the student’s cumulative record file to the
effect that the student was reviewed for special education child find purposes, the date, and
the school where the child find activities were conducted.
The Superintendent of Schools is responsible for the development of regulations necessary to
implement this policy.
Legal Reference: [34 CFR 300.111(a)(i,iii) and (c)(1,2) (Oct. 13, 2006)]
MSER IV(2)(A-C) (Aug. 3, 2007)]
Adopted: January 2, 2008
IHBAG - PROGRAMMING IN THE LEAST RESTRICTIVE ENVIRONMENT
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M.S.A.D. #22 will program for students with disabilities in the least restrictive educational
environment. This Board shall ensure, to the maximum extent appropriate, that 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.
All 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 student’s needs.
References:
20 U.S.C. §1412(a)(5); 34 C.F.R. § 300.550 to .552;
Me. Dept. of Educ. Reg. ch. 101, §11.1 to 11.3 (Nov 1999).
IHBAI - SPECIAL EDUCATION INDEPENDENT EDUCATIONAL EVALUATIONS
A parent/guardian of a special education student has a right to obtain an independent
educational evaluation at public expense if the parent disagrees with an evaluation obtained
by MSAD #22. An “independent educational evaluation” means an evaluation conducted by a
qualified examiner who is not employed by MSAD #22.
If a parent requests an independent educational evaluation at public expense to challenge an
evaluation obtained by MSAD #22, the district 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 the district’s evaluation is appropriate; or (2) ensure that an independent
educational evaluation is provided at public expense, unless MSAD #22 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, MSAD #22 may
ask for the parent’s reasons why he or she objects to the district’s evaluation. However, the
explanation by the parent may not be required and MSAD #22 may not unreasonably delay
either providing the independent educational evaluation at public expense or initiating a due
process hearing to defend MSAD #22’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 MSAD #22 uses when it initiates an evaluation.
MSAD #22 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
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at public expense.
If the parent obtains an independent educational evaluation at private expense, the results of
the evaluation must be considered by MSAD #22, if that evaluation meets the district’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 MSAD #22, 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 Pupil Evaluation Team to determine whether the PET should order
an evaluation in the area requested.
Authority: 34 C.F.R. § 300.502 (March 1999); Me. Dep’t of Educ. Reg. ch. 101, §§ 9.19, 12.5
(Nov. 1999).
Adopted: November 15, 2000
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