(a) Free Appropriate Public Education (FAPE). - (i) Consistent with 34 C.F.R. §§ 300.101 and 300.102 and W.S. § 21-2-501,
school districts and public agencies shall ensure that a Free Appropriate Public Education (FAPE) is available to all children with disabilities residing in Wyoming no later than the child's third (3''') birthday through the completion of the school year the child turns twenty-one (21), including those children who have been suspended or expelled from school.
- (ii) Preschool children with disabilities means children age three (3) through five (5) in Wyoming who are identified as eligible for special education and related services under the IDEA, federal regulations and these rules.
- (iii) Any preschool children with disabilities who are five (5) years of age on or before September 15* and who are receiving services from a school district shall be the responsibility of that school district for the purpose of ensuring the provision of FAPE. [See W.S. § 21-2-704.]
(b) Least Restrictive Environment (LRE). - (i) Consistent with 34 C.F.R. §§ 300.114 through 300.120 and any Wyoming LRE policy or procedure adopted pursuant to 34 C.F.R. § 300.165, except as provided in § 300.324(d)(2) (regarding children with disabilities in adult prisons), WDE must ensure that school districts and public agencies have policies and procedures in place to ensure that:
- (A) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and
- (B) Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
- (ii) Each school district or public agency must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.
- (iii) The continuum of alternative placements must include the alternative placements listed in 34 C.F.R. § 300.39 and make provisions for supplementary services, defined in 34 C.F.R § 300.42, to be provided in conjunction with regular class placement.
- (iv) The placement decision: In determining the educational placement of a child with a disability, including a preschool child with a disability, the school district or public agency must ensure that:
- (A) The placement decision:
- (I) Is made by a group of persons, including tlie parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and
- (II) Is made in conformity with the LRE provisions above and 34 C.F.R. §§ 300.114 through 300.118.
- (B) The child's placement:
- (I) Is determined at least annually;
- (II) Is based on the child's lEP; and
- (III) Is as close as possible to the child's home.
- (v) Unless the lEP of a child requires some other arrangement, the child shall be educated in the school that he or she would attend if nondisabled.
- (vi) in selecting the LRE consideration shall be given to any potentially harmful effect on the child or on the quality-of services that he or she needs:'
- (vii) A child with a disability shall not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general curriculum.
(c) Extended School Year (ESY). - (I) Consistent with 34 G.F.R. § 300.106 and any Wyoming ESY policy or procedure adopted pursuant to 34 C.F.R. § 300.165, each school district or public agency must ensure that extended school year services are available as necessary to provide FAPE.
- (A) ESY services means special education and related services that:
- (I) Are provided to a child with a disability:
- (1.) Beyond the normal school year of the school district or public agency;
- (2.) In accordance with the child's lEP; and
- (3.) At no cost to the parents of the child; and
- (II) Meet the standards of Wyoming.
- (B) ESY services must be provided only if a child's lEP team determines, on an individual basis, that the services are necessary for the provision of FAPE to the child. In implementing the requirements of this section, the school district or public agency must consider a multi-factor approach in determining whether ESY services are necessary, and may not:
- (I) Limit extended school year services to particular categories of disability; or
- (II) Unilaterally limit the type, amount, or duration of those services.
(d) Individualized Education Program (lEP) and placement decisions. - (ii) lEP teams shall make placement decisions in accordance with the rules herein and with the least restrictive environment provision at 34 C.F.R. §§ 300.114 through 300.118.
(e) Reevaluations. A school district or public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with 34 C.F.R. §§ 300.303 through 300.311.
(f) lEPs for transfer students. - (i) Procedures for children with disabilities who transfer between school districts or public agencies in Wyoming in the same school year shall be consistent with 34 C.F.R. § 300.323(6).
- (ii) Procedures for children with disabilities who transfer to Wyoming school districts or public agencies from another state shall be consistent with 34 C.F.R. § 300.323(f).
- (iii) Procedures for preschool children with disabilities transitioning from developmental preschool centers in the state of Wyoming to school districts or other public agencies shall be consistent with 34 C.F.R. § 300.323(e).
- (iv) Procedures for children identified as Developmentally Delayed who transfer to a school district or public agency that has not adopted the Developmentally Delayed criteria shall be consistent with the procedures in 34 C.F.R. § 300.323(f) for students who transfer from another state.
- (A) The school district or public agency, consistent with the consent requirements, shall:
- (I) Conduct an evaluation and eligibility determination consistent with 34 C.F.R. §§ 300.301 through 300.311; and
- (B) Meet the requirements above with respect to continuing to provide FARE to the child, including services comparable to those described in the child's lEP from the previous public agency until completion of the evaluation and eligibility determination consistent with these rules and IDEA.
(g) Inter-district placements. Each school district or public agency shall provide FARE to children with disabilities residing within its boundaries. If the school district or public agency is unable to provide the programs and services necessary for the child with a disability to receive FARE, the school district or public agency shall contract with another school district or public agency to provide those programs and/or services, [See W.S. § 21-2-502.]
(h) Residential placement by another entity. - (i) If a child with a disability has been placed in a residential treatment facility or psychiatric hospital by another public agency or court, the residential treatment facility or hospital shall initiate action to develop review, or revise the child's lEP consistent with IDEA and these rules, or if necessary, evaluate and identify the child as a child with a disability according to IDEA and these rules.
- (ii) The facility or hospital shall notify the child's resident school district: or public agency of the child's placement at the facility or hospital. The resident school district or public agency shall participate in planning and implementing FAPE for the child.
- (iii) In the event that the residential treatment facility is unable or unwilling to provide FAPE to the child as required under the IDEA, the resident school district or public agency is responsible for ensuring that the child receives FAPE. (See W.S. § 21-2-502.}
(i) Court-ordered placements. - (i) The Department of Family Services ,(DFS) shall pay residential and treatment costs excluding educational and medical costs of court ordered placements of children in private residential treatment facilities and group homes located in Wyoming.
- (ii) Programs providing education services including programs for children with disabilities provided by a board of cooperative Educational Services (BOCES), shall bill WDE, directly for educational costs of court ordered placements.
- (iii) All costs billed to WDE under this section shall be in the manner and form required by WDE, and consistent with W.S. § 21-13-315 and Chapter 14 of WDE Rules and Regulations.