CALGARY BOARD OF Approved: 1 Amendment: June 7, 2002 EDUCATION
CALGARY BOARD OFEDUCATIONAdministrative Regulation3003 - Special EducationProgrammingApproved:st1 Amendment:Re-issued:nd2 Amendment:Review date:December 7, 1999June 7, 2002February 15, 2003January 1, 2008June 1, 2013STATEMENTIn accordance with section 47 of the School Act and Alberta Education’sStandards for Special Education, a student who is determined to be in need of aspecial education program is entitled to have access to special educationprogramming. In accordance with Administrative Regulation 3046 - InstructionalProgram and Time, a student is entitled to full instructional programmingprovided to the greatest extent possible. Programming for students with specialeducation needs is delivered in a variety of ways within a range of settings basedon individual student need. The first educational placement option considered foreducating students with special education needs is within an inclusive setting intheir neighbourhood or local schools.REASON FOR THIS REGULATIONThe purpose of this regulation is to outline the roles, responsibilities, andaccountabilities in the provision of programming and services to students withspecial education needs and to comply with Alberta Education’s requirement thatschool boards implement policies regarding special education.WHO SHOULD READ THIS? All teachers, support staff, specialists, psychologists, strategists, principals,Area Directors and Superintendents who work with students identified withspecial education needs.All parents of students with special education needs and independentstudents with special education needs.REGULATION IMPLEMENTATION All principals.REGULATION INTERPRETATION AND RESOURCE Student Services Support.WEBSITE ADDRESS FOR THIS ary Board of EducationJanuary 1, 20083003 - Special Education ProgrammingPage 1 of 27
CALGARY BOARD OF EDUCATIONAdministrative Regulation3003 - Special EducationTable of ContentsPreamblePart 1GeneralDefinitionsNon-resident studentsTransitioning special education students123Part 2Special Education ProgrammingPrincipal’s responsibility for specialized assessments and servicesSchool Learning TeamStudent Learning TeamIndividualized Program PlanningIf no consent to Individualized Program PlanningSpecial education placementSpecial education placement processDirected placementSpecial education programming and services in FrenchAccess to student information45678910111213Part 3Special Education AppealsRequest for an appeal of a programming decision or directedplacementRequest for a change in program locationPreliminary reviewAppeal meetingScheduling and adjournment of appeal hearingsDecision of the Board-delegated person141516171819Calgary Board of EducationJanuary 1, 20083003 - Special Education ProgrammingPage 2 of 27
PreambleThe Board of Trustees of the Calgary Board of Education has approved EL-4:Treatment of Parents and Citizens which says that:“With respect to interactions with parents and citizens, the Chief Superintendentshall not cause or allow conditions, procedures or decisions which are unsafe,disrespectful, unfair, discourteous, undignified, unnecessarily intrusive, or whichfail to provide appropriate confidentiality and privacy.With respect to staff interactions with parents and other citizens, theChief Superintendent shall not fail to establish the organizationalconditions conducive to an environment of mutual respect, involvementand support.Accordingly, the Chief Superintendent shall not:1.Fail to ensure that appropriate participation in decision-makingtakes place in schools, service units and at the system level;3.Fail to provide opportunities for parents and community membersto have appropriate, respectful, timely and cost effective communicationswith the Calgary Board of Education;4.Fail to administer a process for the effective handling ofcomplaints.”The Board of Trustees of the Calgary Board of Education has approved EL-6:Instructional Program which says that:“The Chief Superintendent shall not fail to ensure that the district’sinstructional program achieves the Board’s Ends policies for individualstudent learning.Accordingly, the Chief Superintendent shall not fail to:4.Ensure that the instructional program addresses the differentlearning styles and needs of students of various backgrounds andabilities;”The Board of Trustees of the Calgary Board of Education has approvedEL-16: Learning Environment/Treatment of Students which says:“The Chief Superintendent shall not fail to establish and maintain alearning environment that is safe, caring and conducive to effectivelearning.Accordingly, the Chief Superintendent shall not:1.Fail to assure a culture that is characterized by mutualrespect;2.Fail to assure a culture that is characterized by support andencouragement for high student achievement;5.Tolerate any behaviors, actions or attitudes by staff orvolunteers who have contact with students that hinder the academicperformance or the well being of students;”Calgary Board of EducationJanuary 1, 20083003 - Special Education ProgrammingPage 3 of 27
PART 1GENERALDefinitions1The following definitions are used in this regulation.(a)(b)(c)“adapted programming” means programming that retains thelearning outcomes of the Alberta Program of Studies at thestudent’s enrolled grade and where adjustments to theinstructional process are provided to address the specialeducation needs of the student.“Board-delegated person” means(i)the Superintendent of Educational Support Services, or(ii)one or more persons appointed in writing by the ChiefSuperintendent, at least one of whom must be teachercertificated.“independent student” means a student who is(i)18 years of age or older, or(ii)16 years of age or older, and who(A)in the opinion of the principal is tion 6000 - Independent Students, or(B)is party to an agreement under section 57.2 of theChild, Youth and Family Enhancement Act.(d)“Individualized Program Plan” means a concise plan of actiondesigned to address a student’s special education needs, basedon diagnostic information which provides the basis for interventionstrategies.(e)“informed consent” means that the individual(i)has been provided with all information relevant to theactivity for which consent is sought, and(ii)understands and agrees, in writing, to the carrying out ofthe activity for which the individual’s consent is sought, andCalgary Board of EducationJanuary 1, 20083003 - Special Education ProgrammingPage 4 of 27
(iii)understands that if consent is given for assessment, theresults of the assessment will become and must remainpart of the student record in compliance with the provincialregulation on Students Records, and(iv)understands that the granting of consent is voluntary andmay be withdrawn at any time for any future action but maynot be withdrawn for any action that has already occurred.(f)“parent(s)” means the biological parent(s) or adoptive parent(s),or the individual(s) who has/have legal custody or guardianshipof a student.(g)“Learning Team” means a team that consults and sharesinformation relevant to plan programming and services forstudents as required and may be either a school-based teamunder section 5 of this regulation or an individual student’s teamunder section 6 of this regulation.(h)“modified programming” means programming in which thelearning outcomes are significantly different from those of theAlberta Program of Studies at the student’s enrolled grade andare specifically selected to meet the student’s special educationneeds.(i)“specialized assessment” is one component used to determineif students meet Alberta Education criteria for formal identificationof special education needs, and means(i)individualized measurement of a student’s intellectualabilities, academic performance, emotional and behaviouraldevelopment and physical development relevant tostudents’ educational performance, across a variety ofdomains for the purpose of developing and providingindividualized programming for students,(ii)completed by qualified professionals, including teacherswho are trained to administer and interpret Level Bassessments.(j)“special education programming” means adapted or modifiedprogramming or accommodation provided to a student withformally identified with special education needs includingstudents with mild, moderate or severe disabilities and studentswho are gifted.(k)“specialized services” means services provided by a qualifiedprofessional, other than the regular classroom teacher, to meetCalgary Board of EducationJanuary 1, 20083003 - Special Education ProgrammingPage 5 of 27
the academic, developmental, intellectual, social-emotional,behavioural, psychiatric, physical and/or health-related needs ofa student.(l)“students with special needs” means(i)students described in section 47(1) of the School Act asbeing in need of special education programming becauseof their behavioral, communicational, intellectual, learningor physical characteristics, or(ii)students who may require specialized health careservices, or(iii)students who are gifted; or(iv)students who have been formally identified according toAlberta Education eligibility criteria.Non-residentstudents2Students who are non-resident students of the Calgary Board ofEducation, as defined in Administrative Regulation 6090 - StudentRegistration, may be admitted to a Calgary Board of Education specialeducation program if there are sufficient resources and facilities availableto accommodate that student. These requests are subject to all theprovisions of Administrative Regulation 6091 - Student Admissions andSchool Choice, including admission priorities and duration of tudents with special education needs who will be attending a CalgaryBoard of Education school or program may be permitted to visit theirprospective school or program for transitioning purposes as set out inAdministrative Regulation 6094 - Student Visits, Exchanges andInternational Students.PART 2SPECIAL EDUCATION edassessmentsand services4The principal must ensure that:(a)staff at the school follow Calgary Board of Education writtenprocedures to refer students for specialized assessment and/orservices based on a variety of indicators such as review of thestudent record, teacher assessment, observation, parentCalgary Board of EducationJanuary 1, 20083003 - Special Education ProgrammingPage 6 of 27
Team5specializedassessmentsand(b)the parent’s or independent student’s written informed consent isobtained for specialized assessments or services, including LevelB assessments that will be completed by teachers trained toadminister and interpret these assessments; and that(c)a written summary of the specialized assessment(s), includinginterpretation of the results, or a written summary of specializedservices is placed in the student record.The principal must establish a School Learning Team that must include:(a)at least two or more Calgary Board of Education teachers andteacher-certificated administrative staff at the school,and may include one or more of the following:StudentLearningTeam6(b)Calgary Board of Education psychologists, or(c)Calgary Board of Education specialists and strategists, or(d)representatives from community services and supports.For each special education student, the principal must establish aStudent Learning Team that must include:(a)the student’s classroom teacher(s),(b)the student’s parent(s),and may include:(c)the student, as appropriate; and(d)Calgary Board of Education psychologists, or(e)Calgary Board of Education specialists and strategists, or(f)representatives from community services and supports.Calgary Board of EducationJanuary 1, 20083003 - Special Education ProgrammingPage 7 of 27
IndividualizedProgramPlanningIf no consenttoIndividualizedProgramPlanning7(1)For each student identified with special education needs, the principalmust ensure that,(a)the Student’s Learning Team uses the results of the specializedassessment(s) to address the student’s special education needsthrough the Individualized Program Plan;(b)an Individualized Program Plan is developed, implemented, andmonitored in accordance with Alberta Education’s Standards forSpecial Education and reflects adequate levels of specializedservices and supports;(c)at scheduled periods, a parent’s or independent student’ssignature is obtained on the Individualized Program Plan toindicate informed consent (agreement) with the IndividualizedProgram Plan;(d)if a parent or independent student is unavailable to sign theIndividualized Program Plan, the reasons for unavailability areindicated on the Individualized Program Plan and the actions takenby the school staff to obtain informed consent are described;(e)the summary section of the Individualized Program Plan iscompleted and the most recent cumulative hard copy of theIndividualized Program Plan is placed in the student record:(i)at the end of each school year, or(ii)when a student leaves the school.(2)The principal must identify a teacher member of the Student’s LearningTeam whose responsibility it is to coordinate, develop, implement, monitorand evaluate a student’s Individualized Program Plan.8If a parent or independent student refuses to provide consent to thestudent’s Individualized Program Plan either to the whole plan or part ofthe plan, the principal must ensure that(a)the reasons for refusal of consent and actions taken by the schoolto resolve concerns are documented on the Individualized ProgramPlan, and(b)if consent is still not obtained, the parent or independent student isadvised that they may ask for an appeal of the programmingdecision under Part 3 of this regulation.Calgary Board of EducationJanuary 1, 20083003 - Special Education ProgrammingPage 8 of 27
Specialeducationplacement9The first educational placement option considered for educating studentswith special education needs is within an inclusive setting in theirneighbourhood or local schools.Specialeducationplacementprocess10(1)In accordance with the Calgary Board of Education program placementprocess, the principal must ensure that the parent(s) or independentstudent provides verbal agreement in order that the student beconsidered for placement in a special education setting.(2)When a special education placement is offered to a student, the principalof the referring school or system designate will communicate theplacement offering in writing to the parent or independent student as thecase may be.(3)Parents must accept or decline the placement offering in writing and acopy of the placement letter must be placed in the student record.11(1)In rare instances, a Director of Student Services Support may direct astudent with special education needs to a special education placement,if in the opinion of the Director circumstances warrant the placement.(2)If a Director of Student Services Support makes a directed placement,the Director must advise the parent or independent student that theymay appeal the directed placement to the board-designated person inaccordance with Part 3 of this mmingand servicesin French12(1) For students with special education needs who are French-speakingstudents of Francophone parentage, and who choose not to access theirrights under section 23 of the Canadian Charter of Rights and Freedomsto attend a Francophone Regional School Authority, the Calgary Board ofEducation may provide special education programming and services in theFrench language if numbers of such cases warrant such provision. Ifnumbers do not warrant such a provision, these students will be requiredto access English language special education programming and services.(2)Students with special education needs whose first language is not Frenchand who are participating in French language programs may be requiredto access English language special education programming and services.Calgary Board of EducationJanuary 1, 20083003 - Special Education ProgrammingPage 9 of 27
Access tostudentinformation13A parent or independent student may have access to informationcontained in the student record, including results of specializedassessments and student progress reports, as outlined in AdministrativeRegulation 6024 - Student Records.PART 3SPECIAL EDUCATION APPEALSRequest foran appeal ofprogrammingdecision or adirectedplacement14A parent or independent student may request an appeal of(a)(b)a programming decision including an Individualized ProgramPlan made by the principal or system-designated specialist, ora directed placement by a Director of Student Services Support,by writing to the Board-delegated person within 20 school days of receiptof the Calgary Board of Education’s written programming decision ordirected placement.Request for achange inprogramlocation15Resident students of the Calgary Board of Education who have beenaccepted into a special education program but who wish to apply for aspecial education placement in the same program in a different locationwithin the Calgary Board of Education, may apply for an out-of-boundaryspecial education program location under Part 3 of AdministrativeRegulation 6091 - Student Admissions and School Choice, and theserequests may not be appealed under Administrative Regulation 3003.Preliminaryreview16(1)Upon receipt of the request for an appeal of the programming placementdecision or a directed placement by a Director of Student ServicesSupport, the Board-delegated person must review the matter within 5school days to determine whether:(a)it may be resolved at the school, or(b)it is a matter that is appropriately addressed under anotherAdministrative Regulation including a request for a change inprogram location under Administrative Regulation 6091 - StudentAdmissions and School Choice, or(c)whether it is a special education programming matter.Calgary Board of EducationJanuary 1, 20083003 - Special Education ProgrammingPage 10 of 27
(2)AppealhearingSchedulingandadjournmentof appealhearingsDecision ofthe Boarddelegatedperson17When the Board-delegated person has completed their preliminaryreview they must advise the parent or independent student of theirdetermination.If the Board-delegated person determines that the matter is appropriatelyaddressed as an appeal of a programming decision or a directedplacement, within 20 school days of the Board-delegated person’sdetermination, the Board-delegated person(a)must meet with the parent or independent student;(b)may meet with the principal;(c)may meet with such other person(s) if, in the opinion of the Boarddelegated person, it may be useful for the purpose of consideringthe appropriateness of the programming decision.18(1) If, in the opinion of the Board-delegated person, it is not possible toschedule a hearing with the parent or independent student within the 20school days of the Board-delegated person’s determination that therequest for an appeal is a programming matter, the Board-delegatedperson may schedule the hearing at a mutually convenient time.(2)If, at any point in the appeal process, consensus is reached between theparties to resolve the matter, the appeal is suspended until the consensualresolution process is concluded.(3)If, at any time in an appeal hearing, in the opinion of the Board-delegatedperson, it is not possible to continue with the hearing, the Board-delegatedperson may adjourn the hearing. If the hearing is adjourned the Boarddelegated person must advise the parent or independent student, as thecase may be, of the adjournment and that they may request a Ministerialreview of the Board-delegated person’s decision under section 124 of theSchool Act.19Within ten school days of the appeal hearing in section 17, the Boarddelegated person must(a)provide the parent or independent st
Review date: June 1, 2013 Calgary Board of Education January 1, 2008 3003 - Special Education Programming Page 1 of 27 STATEMENT In accordance with section 47 of the School Act and Alberta Education’s Standards for Special Education, a student who is determined to be in need of a . assessment(s) to address the student’s special education .
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