Section 340.1733. Program and service requirements.

An intermediate school district, local school district, public school academy, and any other agency shall adhere to all of the following general requirements for all programs and services for  students  with disabilities:

(a)     Special education classrooms or areas where related services are provided shall have at least the same average number of square feet  per student, light, ventilation, and heat conditions as provided for general education students in the school district.

(b)       Programs for students with severe cognitive impairment and severe multiple impairments which have students under 16 years of age shall not exceed a 6-year age span at any 1 time.

(c)     All other special education programs which have students under 16 years of age and which are operated in separate facilities shall not exceed a 4-year age span at any 1 time.

(d)      The age span for students who are assigned to special education programs, except for programs for students with severe cognitive impairment and severe multiple impairments, operated in elementary buildings attended by children who are nondisabled, shall not exceed, at any 1 time, a 6-year age span or the age span of the students who are nondisabled in the building, whichever is less.

(e)     The age span for students  who are assigned to special education

programs, except for programs for students with severe cognitive impairment and severe multiple impairments, operated in secondary buildings attended by students who are nondisabled, shall not exceed, at any 1 time, the age span of the students who are nondisabled in the building, except in high school buildings where students up to 26 years of age may be served. The term "nondisabled" shall not include persons participating  in  adult  education programs.

(f)       Programs for students with severe cognitive impairment, severe multiple impairments, and moderate cognitive impairment shall comply with subdivisions (b), (c), (d), and (e) of this rule unless a program is operated in accordance with an approved intermediate school district plan where, due to the low incidence of eligible students, expanded age ranges may be necessary for programmatic feasibility and meeting the needs of students.

(g)      Students with disabilities qualifying for special education programs and services shall be provided with supplies and equipment at least equal to those provided to other students in general education programs, in addition to those supplies and equipment necessary  to implement   a  student's individualized education program.

(h)      Intermediate school districts, local school districts, public school academies, or a combination of such agencies in cooperation with public and private entities, shall provide or contract for the provision of transition services. Special education teachers shall  be  assigned  to  supervise  such services. Professional special education personnel, a transition coordinator, or both, shall coordinate transition services.

(i)        For worksite-based learning, a written agreement/plan is required and shall be signed by the student, parent, school, and worksite representative. The agreement shall set forth all of the following information:

(i)     Expectations and standards of attainment.

(ii)     Job activities.

(iii)     Time and duration of the program.

(iv)     Wages to be paid to the student, if applicable.

(v)       Related instruction, if applicable. The superintendent of the school district shall designate a staff member to visit the student's worksite at least once every 30 calendar days for the duration of the program to check attendance and student progress and assess the placement in terms of health, safety, and welfare of the student.

(j) Substitute instructional aides specified in R 340.1738, R  340.1739,  and  R 340.1748 shall be provided when assigned instructional aides are absent. In addition, teacher aides specified in R 340.1739 and R 340.1740 shall be provided when assigned teacher aides are absent.

History:  1979 AC; 1980 AACS; 1982 AACS; 1987 AACS; 1995 AACS;  2002  AACS; 2004 AACS;