- (a) The Department of Human Services shall provide oversight of the Division of Youth Services special education program.
- (b) The department shall ensure that a free and appropriate public education (FAPE) inclusive of necessary related services is provided to eligible students with disabilities residing within the residential youth treatment facilities, as required by state and federal law.
(c) The special education program is composed of five (5) main elements, to include:
- (1) Individualized education program (IEP);
- (2) Least restrictive environment;
- (3) Appropriate evaluation;
- (4) Parent and teacher participation; and
- (5) Procedural safeguards.
- (d) The department shall ensure that students who have a disability are identified, evaluated, and provided with appropriate accommodations as needed.
- (e) The department shall ensure that procedures for formal identification, evaluation, placement, and delivery of services to students with disabilities as provided in both state and federal law governing special education are implemented.
- (f) A FAPE will be provided in accordance with the IEP of each student formally identified with a disability and a corresponding need for special education and related services.
- (g) The department shall ensure that proper procedures are in place for the implementation of special education programs and services to conform to the requirements of state and federal law.
- (h) The department’s Special Education Services will be responsible for monitoring special education programs, services, and responsibilities regarding students with disabilities within the secure residential treatment facilities under division jurisdiction.
- (i) The department shall ensure compliance at the facility level with the due process provisions of the Individuals with Disabilities Education Act of 2004, 20 U.S.C. § 1400 et seq., to enable the provision of a FAPE to eligible students with a disability who qualify for special education services.