10.16.3121 SUPERINTENDENT OF PUBLIC INSTRUCTION'S RESPONSIBILITY FOR FREE APPROPRIATE PUBLIC EDUCATION (FAPE)
(1) The Superintendent of Public Instruction shall ensure that all students with disabilities, ages 3 through 18 inclusive, including students with disabilities who have been suspended or expelled from school, are provided a free appropriate public education (FAPE) in accordance with the Individuals with Disabilities Education Act (IDEA) (20 USC, sections 1401 through 1485) and its implementing regulations (34 CFR, part 300), the Montana statutes pertaining to special education (Title 20, chapter 7, part 4, MCA), and the administrative rules promulgated by the Superintendent of Public Instruction governing special education (ARM Title 10, chapter 16).
(2) The Superintendent of Public Instruction shall ensure that when local educational agencies provide education to students ages 19, 20, or 21, students of the same age with disabilities are provided FAPE in accordance with IDEA.
(3) The Superintendent of Public Instruction shall ensure that all students with disabilities referred to or placed in private schools by a public agency receive the rights and protections under IDEA.
(4) If a local educational agency fails to provide FAPE for a student with disabilities in accordance with IDEA, the Superintendent of Public Instruction shall take immediate steps to ensure FAPE is made available to the student with disabilities.
(a) The Superintendent of Public Instruction may initiate one or more of the following options to ensure that FAPE is made available for the student with disabilities:
(i) provide FAPE directly;
(ii) contract for services to provide FAPE;
(iii) provide an out-of-district placement in accordance with least restrictive environment regulations of IDEA;
(iv) recommend to the Board of Public Education withholding of state education funds;
(v) deny in whole or part IDEA-B federal funds; or
(vi) recommend to the Board of Public Education a change in accreditation status.
(b) Any costs incurred by the Superintendent of Public Instruction to provide FAPE to a student with disabilities due to failure of the local educational agency to provide FAPE, may be recovered from the local educational agency through a reduction in state education funds upon recommendation of the Superintendent of Public Instruction and hearing before the Board of Public Education.
History: 20-7-402, MCA; IMP, 20-7-403, MCA; NEW, 1993 MAR p. 1913, Eff. 8/13/93; AMD & TRANS, 2000 MAR p. 1048, Eff. 7/1/00; AMD, 2007 MAR p. 678, Eff. 5/25/07.