Special Education Programs and Transition

Both State and Federal laws concerning the education of children with exceptionalities include guidelines for maintaining educational records in a confidential manner, for allowing Legal Education Decision-Maker(s) to review records, to obtain records, to change records, and to destroy educational records which are no longer needed to provide educational services. 34 CFR 300.573, K.A.R. 91-40-50(c),(d).

If this student is eligible for Medicaid, upon receipt of voluntary, written parental consent, the school will submit claims to the Kansas Department of Health and Environment (KDHE), (including the release of records or information about the student's participation in services, to participating physicians, other health care providers, KDHE, any KDHE billing agents, and any school billing agent, as necessary, to process claims for reimbursement by KDHE) for covered health-related services, evaluations for these services and transportation, on the day the student receives any health-related service, which are outlined in the student's IEP, including duration and frequency of IEP services.

The school will access your or your student's public benefits or insurance to pay for services under 34 C.F.R. part 300.

Regarding services required to provide a Free Appropriate Public Education (FAPE) to your student, the school may not:

Please understand that the granting of consent is voluntary and may be withdrawn at any time. If you later revoke consent, that revocation is not retroactive and does not negate any action that has already occurred after the consent was given and before the consent was revoked.

Your consent to release information and to bill for services will continue from the time you give your initial consent to release information and to bill for services until you withdraw that consent. You have the right to withdraw your consent to the disclosure of your student's personally-identifiable information and/or to bill Medicaid at any time.

Your withdrawal of consent or your refusal to provide initial consent to disclosure of your student's personally-identifiable information and to bill Medicaid for services does not relieve the school of its responsibility to ensure that all required services are provided at no cost to you or your student.

In accordance with law, this statement is notice to you, the student, that, beginning on the date you turn eighteen (18) years of age, this agency will provide both you and your parent(s) with all notices required by special education law and regulations. All other rights afforded to parent(s) under special education laws and regulations will be transferred to you, the student, or, if you have a legal guardian, rights will transfer to the legal guardian.

In accordance with the Student Data Privacy Act, student data submitted to or maintained in a statewide longitudinal data system may only be disclosed as follows. Such data may be disclosed to:

Student data may be disclosed to authorized personnel of any state agency, or to a service provider of a state agency, educational agency, or school performing instruction, assessment, or longitudinal reporting, provided a data-sharing agreement between the educational agency and other state agency or service provider provides the following:

Unless an adult student or parent or guardian of a minor student provides written consent to disclose personally-identifiable student data, student data may only be disclosed to a government entity not specified above or any public or private audit and evaluation or research organization if the data is aggregate data (defined as: data collected or reported at the group, cohort, or institutional level and which contains no personally-identifiable student data).

This agency (Derby Public Schools) may disclose the following:

Legal Education Decision-Maker(s), and/or the 18-year-old student, will receive special education progress reports at the same time intervals as general education parents/peers. For this student, this will be through written reports and/or parent conferences.

Derby Public Schools provides a continuum of special education services. 

State and federal legislation require public schools to provide appropriate educational services to all school-age exceptional children enrolled in public, private, or parochial schools.  Exceptional children are defined in Kansas Statutes as those who differ in physical, mental, social, emotional, or educational characteristics to the extent that special education services are necessary to enable them to progress toward levels of attainment compatible with their potential.  Such children include those who have autism, developmental delay, emotional disability, intellectual disability, learning disability including dyslexia, multiple disabilities, orthopedic impairment, other health impairment, sensory impairments including hearing impairment/deafness, blindness/visual impairment and deaf-blindness, speech-language impairment, traumatic brain injury, children eligible for early childhood special education services, or children who are gifted.

Parents who have questions or concerns about their child and the possible need for special education and related services are encouraged to call their local school for information on available services and referral procedures for obtaining needed services.  The district also provides screening clinics for preschool children during the school year.  Any parent who suspects that his/her child may have a learning or developmental problem should call the Special Services Department at 316-554-8004 to schedule an appointment for an upcoming screening clinic. 

Derby Public Schools, the Kansas State Board of Education, and all State and local agencies participating in the identification, location, evaluation, and provision of the special education and related services for exceptional students are responsible for ensuring confidentiality and therefore has adopted policies in accordance with applicable Federal and State laws and regulations to protect the right of privacy of any student and his or her lawful custodians regarding personally identifiable records, files, and data directly related to such students as required under K.S.A. 72-6311.  Appropriate procedures and safeguards have been established and are followed to govern disclosure of student records and information to persons, agencies, and organizations within and outside of Derby Public Schools.  Such procedures and safeguards are consistent with and pursuant to the 34 C.F.R. §99.1, et seq., 34 C.F.R. §300.1, et seq., K.S.A. 72-3403, et seq.; Student Data Privacy Act, K.S.A. 72-6312, et seq.; and K.A.R. §91-40-1, et seq.