Case Review Process
Framework (What’s Required):
The IDEA guarantees that a student with a disability will be educated in the Least Restrictive Environment (LRE).
Federal law requires that a school district must ensure a continuum of placements is available to meet the needs of students with disabilities (34 CFR 300.115I(b)).
Each school district shall provide services to students with disabilities in order to meet the needs of those students in accordance with 34 CFR §300.26. Instructional arrangements/settings shall be based on the individual needs and IEPs of eligible students receiving special education services.
In the case of the student whose behavior impedes the child's learning or that of others, the admission, review and dismissal (ARD) committee must consider the use of positive behavioral interventions and supports and other strategies to address that behavior(//CFR 300.324(a)(2)(i)// and //20 USC 1414(d)(3)(B)(i)//)
In order for a student to be educated in a nonpublic school, the student’s ARD/IEP committee must determine that the school district cannot provide the student with the special education instruction and related services necessary to meet the student’s unique needs and must identify a nonpublic school that can provide the student an appropriate educational program. Under 34 CFR §300.146 and 19 TAC §89.61, the school district is responsible for making sure students placed in or referred to nonpublic schools are provided with appropriate special education and related services.
Under TAC § 89.61, a school district may contract for residential placement of a student with a disability when the student's ARD/IEP committee determines that a residential placement is necessary in order for the student to receive a free appropriate public education (FAPE).
Before the school district places a student with a disability in, or refers a student to, a residential facility, the district shall initiate and conduct an ARD/IEP committee meeting to develop an IEP for the student in accordance with 34 Code of Federal Regulations, §§300.320-300.325, state statutes, and commissioner of education rules.
Methods (What We Do):
Case Review Process (CRP)
As the LEA begins to consider the Case Review Process (CRP) the following the steps below will ensure that the students’ needs are met with fidelity.
Example of students that might be considered for CRP are noted below
- A student currently served in a self-contained classroom shows increasingly severe, challenging behaviors that pose a threat to the safety of the student and others despite interventions and implementation of the BSIP.
- The manifestation of the disability is of such severity that it requires a specialized program.
If you suspect the student in question may meet one the profiles above, please adhere to the following;
- Contact the Quality Assurance designee, who will be your guide through the CRP process.