Special Education

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Both state and federal laws concerning the education of children with exceptionalities include guidelines for maintaining educational records in a confidential manner, for allowing legal education decision-makers to review records, to obtain records, to change records, and to destroy educational records that are no longer needed to provide educational services. 34 CFR 300.573, K.A.R. 91-40-50(c),(d)

Some individualized testing involves the use of test protocols. These documents usually include the test questions or stimuli and the student’s answers or responses. Protocols also may include the correct answers, norm tables (scoring tables), scoring sheets, and examiner’s notes. Legal education decision-makers have a right to review these protocols with a district employee qualified to interpret the assessment protocol.  To ensure test security as well as to follow copyright laws, no parts of these protocols may be reproduced in any way.
Protocol will be maintained until a comprehensive reevaluation, which includes similar assessments, has been completed and the information is determined to no longer be needed to provide SpEd or related services. Following the determination that the information is no longer needed, the protocol will be destroyed.
 

The special education records of each student are maintained by the Maize Special Education Cooperative at 905 W. Academy Ave. Maize, Kansas, 67101. These records are kept for a period of five years after completion of the student’s program or the student’s graduation from high school. These records may include such information as permission for the student to have received special education services, evaluation reports, Individualized Education Plans (IEPs), etc. 

If the eligible 18-year-old student or legal education decision maker would like any of these records following graduation or program completion, please contact the special education department via specialeducation@usd266.com or at (316) 350-2083. At the end of the five years after program completion or graduation, these records are destroyed.

This notification is to inform the public that the Maize Special Education Cooperative destroys special education records that are no longer needed and are not considered permanent records that are required to be maintained. Special education records are destroyed after five years following program completion or graduation from high school if the records have not been picked up by the student or the student’s legal education decision-maker prior to that time.

To request special education records, please contact the Maize Special Education Cooperative by May 30 of the fifth year following graduation or program completion via specialeducation@usd266.com or at (316) 350-2083.

The Maize Special Education Cooperative (Cooperative), with its central office located in Maize, KS, serves exceptional students who reside within the boundaries of two school districts.  Those districts served include: Maize U.S.D. # 266 and Renwick U.S.D. # 267.

State and federal legislation require public schools to provide appropriate educational services to all exceptional children of school age that are enrolled in public, private or parochial schools.  Exceptional children are defined in Kansas Statute as those who differ in physical, mental, social, emotional, or educational characteristics to the extent that special education services are necessary to enable them to progress toward reaching those levels of attainment compatible with their potential.  Such children include those who have autism, mental retardation, specific learning disabilities, hearing impairments, language impairments, speech impairments, behavior disorders, physical impairments, other health impairments, severe multiple disabilities, deaf-blindness, traumatic brain injury, visual impairments, children eligible for early childhood special education services, or children who are gifted.

Parents who have questions or concerns regarding their child and the possible need for special education and related services are encouraged to call their local school or the Special Education Office in Maize at (316) 722-0614 for information regarding what services are available and the referral procedures for acquiring needed services.  The Cooperative also provides screening clinics during the school year for preschool children.  Any parent who suspects that his/her child may have a learning or developmental problem should call the Special Education Office to ask when and where the screening clinics are held.

The Cooperative, the Kansas State Board of Education, and all State and local agencies participating in the identification, location, evaluation, and provision of the special education and related services for exceptional students are responsible for ensuring confidentiality and therefore has adopted policies in accordance with applicable Federal and State laws and regulations to protect the right of privacy of any student and his or her lawful custodians regarding personally identifiable records, files, and data directly related to such students as required under K.S.A. 72-6311.  Appropriate procedures and safeguards have been established and are followed to govern disclosure of student records and information to persons, agencies, and organizations within and outside the Cooperative.  Such procedures and safeguards are consistent with and pursuant to the 34 C.F.R. §99.1, et seq., 34 C.F.R. §300.1, et seq., K.S.A. 72-3403, et seq.; Student Data Privacy Act, K.S.A. 72-6312, et seq.; and K.A.R. §91-40-1, et seq.

The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("eligible students") certain rights with respect to the student's education records.  They are:

1. The right to inspect and review the student's education records within 45 days from the day the Cooperative receives a request for access.   Parents or eligible students should submit to the Maize U.S.D. # 266 Assistant Superintendent of Special Services, a written request that identifies the record(s) they wish to inspect.  The Maize U.S.D. # 266 Assistant Superintendent of Special Services will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected. 
    
2. The right to request the amendment of the student's education records that the parent or eligible student believes are inaccurate or misleading.  Parents or eligible students may ask the Cooperative to amend a record that they believe is inaccurate or misleading.   They should write the Maize U.S.D. # 266 Assistant Superintendent of Special Services, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.  If the Cooperative decides not to amend the record as requested by the parent or eligible student, the Cooperative will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment.  Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing. 
    
3. The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. 

   One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests.  A school official is a person employed by the Cooperative or one of the two districts of the Cooperative as an administrator, supervisor, instructor, or support staff member including health or medical staff and law enforcement unit personnel); the Board of Education (in executive session); a person or company with whom the Cooperative has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her task.

   A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. 
   
   It is the policy of the Maize Special Education Cooperative upon request, to disclose and forward education records, without consent, to school officials of another school in which a student seeks or intends to enroll. 
    
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School to comply with the requirements of FERPA.  The name and address of the Office that administers FERPA are:  Student Privacy Policy Office, U.S. Department of Education, 400 Maryland Avenue SW, Room 4074, Washington, DC 20202-4605. 
    
5. The right to obtain a copy of Maize Special Education Cooperative policies for complying with FERPA.  A copy may be obtained from:  the Maize U.S.D. # 266 Assistant Superintendent of Special Services, 905 W. Academy Ave., Maize, KS 67101.

The Family Educational Rights and Privacy Act (FERPA) requires that the Maize Special Education Cooperative, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child’s education records, known as “directory information.”   

Recruiting information:  Military recruiters and institutions of higher education are entitled under federal law to a list of names, addresses and telephone numbers of high school students unless you object to the release of this information.  Upon receipt of a request, the Cooperative will refer each military recruiter or institution of higher education to the student’s home school district for that information.

The Cooperative annually notifies parents and guardians of students and eligible students currently in attendance of their rights.  The notice includes a statement that the parent or eligible student has a right to:

RECORDS: Right to inspect or review, or request the amendment of the student's education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights; consent to or refuse consent for disclosure of personally identifiable information contained in the student's education records, except to the extent that regulations authorize disclosure without consent; file with the Kansas State Board of Education or the U.S. Department of Education a complaint concerning alleged failures by the Cooperative to comply with the requirements; and obtain a copy of the Cooperative's policy regarding annual notification.

INDEPENDENT EVALUATION:  Right to an independent educational evaluation and to have the independent evaluation results considered when placement and program decisions are made; to be told where an independent evaluation may be obtained at no expense or low expense; and to be told about the procedures and conditions for obtaining an independent evaluation at public expense.

NOTICE:  Right to notice before the Cooperative initiates or changes (or refuses to initiate or change) the identification, evaluation or placement of your child and to have that notice in writing and in your native language, or other principal mode of communication, at a level understandable to the general public; to have the notice describe and explain the proposed action, describe the options considered and explain why those other options were rejected; to be advised regarding procedural due process, including the right to a hearing; and the right to consent or object to any proposed action, in writing, upon forms provided by the Cooperative. 

CONSENT:  Right to consent or object before an evaluation is conducted and before initial placement is made in special education; right to revoke consent at any time; and the right of the Cooperative to proceed, in the absence of consent, after a 30 day waiting period, to a hearing to determine if the special education action shall be taken. 

HEARINGS:  Right to request an impartial due process hearing to question the Cooperative's identification, evaluation, or placement of your child or to question the Cooperative's provision of a free appropriate public education along with other rights associated with the due process hearing procedures.

It is important that parents and guardians understand your rights in special education matters relating to your child.  Our staff is available to assist you in understanding your rights and to provide you with any further explanation of these rights.  If needed, we will provide an interpreter or translation for you to assure that you understand your rights.

A complete copy of the Cooperative's special education policies and procedures are available for your review and inspection in the Special Education Office, 905 W. Academy Ave., Maize, KS 67101.