1.1 All children with exceptional needs for whom Hobart Public Schools

is responsible are provided with a free appropriate public education (FAPE) as defined by state and federal statutes.

Hobart Schools ensures that special education and related services are provided to all eligible children with exceptional education needs as follows:

1.  Ages 3 through 21 who have not completed a secondary program.

2.  Handicapped children equivalent to the proportionate number of non-handicapped children.
3.  The principals, special education director, and special
education teachers are responsible for special education programming.

1.2  Hobart Schools ensure compliance with Section 504 of the Rehabilitation Act of 1973, 29 U. S. C. 794:  “No otherwise qualified handicapped individual . . . shall, solely by the reason of his handicap, be excluded from the participation in, be denied the benefits of, 

or be subjected to discrimination under any program or activity receiving federal financial assistance.”

1.3 Hobart Schools ensure compliance with Title VI of the Civil Rights Act of 1964, 45 U. S. C. 2000d through 2000d-4:  “No person shall, on the basis of race, color, or national origin be excluded from the participation in, be denied the benefits of, or be subjected to 

discrimination under an educational program or activity receiving federal financial assistance.”

1.4 Hobart Schools ensure compliance with Title IX of the Education Amendments of 1972, 20 U. S. C. 1681-1683:  “No person in the U.S. shall, on the basis of sex, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination 

under any educational program or activity receiving federal financial assistance.”

1.5 Hobart Schools provide a process to ensure Child Find as follows:

1.  Persons designated to cover child find are: Early Childhood,

    elementary, middle and high school principals and special education teachers in Hobart Schools.

2.  Hobart Schools use the following child find procedures:  parent referrals, teacher referrals, parent permission forms, visual and auditory screenings, transfer request for confidential records, newspaper and school newsletter articles, and posted notices.

3.  Hobart Schools document child find procedures by placing an       advertisement in the local newspaper, doctor offices, school website, Headstart.

4.  No handicapped children residing in this district attend    private/parochial schools.  The newspaper advertisement and posted notices stress that special education programming is available to all students living in the Hobart School District.

5.  No handicapped children are placed out-of-state.


2.1 Hobart Schools ensure that any residential placement is at no cost to the parent including non-medical care and room and board if necessary for educational purposes.  This includes placement in a state-operated school for the handicapped such as the 

School for the Deaf or Blind.  Sec. 300.104 Residential placement


4.1 Hobart Schools has the goal of providing full educational opportunities (FEO) to all handicapped children as defined in the act through programs meeting standards established and approved by the OSDE.

This goal is consistent with the state’s mandatory special education law enacted in 1970 and applies to all handicapped children, 3 to 21, subject to the following limitations:

A.  From birth to age three, services are provided by Sooner Start for the blind, partially blind, deaf and hard of hearing handicapped children, i.e., deaf-blind, retarded, cerebral palsied, autistic, and other children   who fail to thrive from birth.  (Section 13-101, 1970 Legislature)

B.  Full service for all handicapped ages 3 through 18.

C.  Services for ages 19 through 21 are permissive except when a child has not received 12 years of education or completed a secondary program.

4.2 In consideration of meeting full educational opportunity goal, Hobart School uses the following:

A.  Local services are provided by on-site specialists or consultants for ID, LD, Speech/Language, OHI, TBI, Autism, Deaf Ed, ED, VI, orthopedically impaired, and multihandicapped.

B.  Hobart Schools provide on-site specialists or consultants in LD, ID, OHI, TBI, Speech/Language, OT, PT, autism, deaf ed.

4.3 Hobart Schools conduct parent consent meetings for special education programming, hold placement meetings with parents of children referred to special education programs, and conduct yearly Individualized Education Program (IEP) meetings to ensure

that, in meeting the full educational opportunity goal, parents or guardians of handicapped children participate in and are consulted about the programs.

4.4 Priorities

Hobart Schools will provide services according to prioritize as follows:

1.  To continue supporting child identification, location, and evaluation activities;

2.  To provide free appropriate public education to newly identified         first priority children;

3.  To meet the full educational opportunity goal including employing     additional personnel and providing in service training, in order to     increase the level, intensity and quality of services provided to   individual handicapped children; and

4.  To meet the other requirements of Part B, Section 4.1.


5.1 Hobart Schools take the following steps to ensure that handicapped children have available to them the variety of educational programs and services available to nonhandicapped children in the area as follows:

  1. Art is offered to all students by the regular elementary classroom     teacher, or certified art teacher

  1. Music is offered to all students.

  1. Students in Hobart Schools are eligible for vocational education in both local classes of agriculture, technology, and family and consumer science.  In addition, they are eligible for classes available at the area technology center.

  1. Students with an IEP are required to participate in the State Mandated Testing Program. (Alternate testing)  Testing accommodations are made available to each student on an IEP, as allowed by state law.

5.2 Non academic and extracurricular services and activities are provided in such a manner as is necessary to afford handicapped children an equal opportunity for participation in those services and activities.

  1. Counseling is available through various government funded resources and from local staff.

  1. Modified physical education is provided if necessary.

  1. Transportation is provided for all students when necessary.

  1. Health services are offered through the County Health Clinic, or if needed local clinics.

  1. All Hobart clubs and organizations are open to handicapped students.

  1. Parents are referred to agencies which provide assistance to handicapped persons.

5.3 A. Hobart Schools will ensure that physical education services, specially designed if necessary, are made available to every handicapped child receiving a free appropriate public education.

B. Hobart Schools will ensure that each handicapped child is afforded the opportunity to participate in the regular physical education program available to nonhandicapped children unless:

1. The child is enrolled full time in a separate facility; or

2. The child needs specially designed physical education, as prescribed in the child’s individualized education program.

C-D. Hobart Schools ensure that if specially designed physical education is prescribed in a child’s individualized education program, the services will be provided directly, or arrangements will be made for it to be provided.

  1. Hobart Schools will maintain responsibility for the education of a handicapped child who is enrolled in a separate facility and that child will receive appropriate physical education services in compliance with paragraphs A and C of this section.

Section 6 IEP Team

6.1 The individualized education program team includes the following individuals:

A. A representative of Hobart Schools who is qualified to provide or supervise the provision of special education.

B. One of the child’s teachers

C. One or both of the child’s parents/guardians.

D. The child, when appropriate.

E. Member of the multidisciplinary team (MEEGS) or some other person knowledgeable about the evaluation procedures and familiar with the results of the evaluation when necessary for initial evaluation and when necessary to do 3 year reevaluations.

F. A representative of a private school or facility, when applicable.

G. Other individual(s) at the discretion of the parent(s) or Hobart Schools.

H. A representative from Hobart Schools if a child resides in Hobart and is placed in an out-of-district program.

6.2 To ensure parent participation in the individualized education program (IEP) committee meeting, Hobart Schools shall:

A. Notify the parents early enough so that they will have the opportunity to attend.

B. Schedule the meetings at a mutually-agreed on time and place.

C. Indicate the purpose, time and location of the meeting and who will be in attendance.

D. Document alternative methods including telephone calls, emails, and letters that are used to ensure parent participation when parents cannot attend.

E. Maintain a detailed record of phone calls, correspondence, and/or home visits made to encourage parents to attend. 

F. Take whatever action is necessary to ensure parents understand the proceeding at the meeting, (interpreters, native language, mode of communication).

G. Provide parents with a copy of the individualized education program immediately after the meeting.

6.3 The individualized education program, which must precede placement, includes as a minimum the following:

A. Statement of the child’s present levels of educational performance.

B. Statement of the annual goals including short-term instructional objectives.

C. Statement of the specific education and related services to be provided to the child.

  1. Based on the child’s needs rather than on the availability of services.

  1. Provided at no cost to the parents.

  1. Participation in regular education programs as able.

D. The projected dates for initiation of services and the anticipated duration of the services.

E. Appropriate objective criteria and evaluation procedures.

6.4 The individualized education program is in effect prior to the beginning of each school year for continuing students.

6.5 The individualized education program is in effect prior to the provision of services.

6.6 The individualized education program is implemented as soon as possible following the IEP meeting.

6.7 An annual meeting is held to review and revise each child’s individual education program.


7.1 Before Hobart Schools place a handicapped child in a private school or facility in or out of district as a means of providing a free appropriate public education, Hobart Schools shall:

A. Develop an individualized education program for each handicapped child placed in a private school or facility.

B. Ensure the attendance at the IEP meeting or participation in the meeting by other methods of a representative of the private school or facility.

7.2 After a child or youth enters a private school, information will be disseminated stating that:

  1. Meetings to review and revise the individualized education program may be initiated and conducted by the private school at the discretion of Hobart Schools.

B. Parents and a Hobart Schools’ representative must be involved in any decision about the IEP and agree to any proposed changes before those changes are implemented.

C. Hobart Schools will take necessary steps to monitor and enforce compliance with Part B requirements by any private school or facility that implements a child’s individualized education program.

7.3 For a handicapped child or youth enrolled in a private or parochial school but receiving special education and related services from Hobart Schools, Hobart Schools shall:

A. Initiate and conduct meetings to develop and revise the individualized education program.

B. Ensure the participation of the private school representatives in these meetings.

7.4 Hobart Schools will provide students enrolled in private schools a genuine opportunity for equitable participation in a manner consistent with the number of eligible private school students and their needs.

7.5 Hobart Schools will maintain continuing administrative direction and control over funds and property that benefits students enrolled in private schools.

7.6 Hobart Schools will consult with appropriate representatives of students enrolled in private schools during all phases of the development and design of the Hobart Schools project including:

  1. Which children will receive benefits under the project.

  1. How the children’s needs will be identified.

  1. What benefits will be provided.

  1. How the benefits will be provided.

  1. How the project will be evaluated.

7.7 Hobart Schools will consult with appropriate representatives of students enrolled in private schools before Hobart Schools make any decision that affects the opportunities of those students to participate in the project.

7.8 Hobart Schools will give the appropriate representatives (private/public) a genuine opportunity to express their views regarding each matter subject to the consultation requirements.

7.9 Hobart Schools will determine the following matters on a basis comparable to that used in providing for participation of public school students:

  1. The needs of students enrolled in private schools.

  1. The number of those students who will participate in a project.

  1. The benefits that Hobart Schools will provide under the program to those students (i.e., consultation, inservice, use of certain instructional equipment/material).

7.10 The program benefits that Hobart Schools provide for students enrolled in private schools are comparable in quality, opportunity for participation, and scope to the program benefits that Hobart Schools students receive.

7.11 If Hobart Schools uses funds under a program for public school students in a particular attendance area or grade or age level, Hobart Schools will ensure equitable opportunities for participation by students enrolled in private schools who:

  1. Have the same needs as the public school students to be served.

  1. Are in that group, attendance area, or age or grade level.

7.12 If the needs of students enrolled in private schools are different from the needs of students enrolled in public schools, Hobart Schools will provide correspondingly different benefits.

7.13 As a recipient of federal funds, Hobart Schools provide the following information:

  1. Hobart Schools will conduct appropriate child find procedures alerting private schools to programs offered to ensure participation of students enrolled in private schools.

  1. Hobart Schools will offer services to students enrolled in private schools who have been identified as eligible to benefit under the program.

  1. All students enrolled in private schools will receive benefits as needed.

  1. Hobart Schools will determine eligibility for programs using the same policies and procedures used to identify public school children as outlined in the Policies and Procedures Handbook.

  1. If an IEP is written,Hobart Schools will consult with appropriate representatives of students enrolled in private schools.

  1. The places and times that the students will receive benefits under the program will be stated on the IEP.

  1. There will be no differences between the program benefits provided to public and private school students, except possibly the location the student is being served, if the student cannot come to this campus to participate in the program.

7.14 Hobart Schools do not use program/project funds for classes that are organized separately on the basis of school enrollment or religion of the students if:

  1. The classes are at the same site.

  1. The classes include students enrolled in public schools and students enrolled in private schools.

7.15 Hobart Schools do not use program funds to finance the existing level of instruction in a private school or to otherwise benefit a private school.

7.16 Hobart Schools will use program funds to meet the specific needs of students enrolled in private schools rather than:

  1. The needs of a private school.

  1. The general needs of the students enrolled in a private school.

7.17 Hobart Schools will use program funds to pay for the services of an employee of a private school only if:

  1. The employee performs the services outside of his or her regular hours of duty; and

  1. The employee performs the services under public supervision and control.

7.18 Hobart Schools will maintain title to and administrative control of all equipment and supplies acquired with program funds:

  1. Hobart Schools ensure that the equipment or supplies placed in a private school:

  1. Are used only for the purposes of the project.

  1. Can be removed from the private school without remodeling the private school facilities.

  1. Hobart Schools will remove equipment or supplies from a private school if:

  1. The equipment or supplies are no longer needed for the purposes of the project.

  1. Removal is necessary to avoid use of the equipment or supplies for other than project purposes.

7.19 Hobart Schools ensure that program funds are not used for the construction of private school facilities.

7.20 If the average cost of meeting the needs of students in public and private schools is different, Hobart Schools will expend a different average amount commensurate with the difference in the average cost of meeting the needs of the students in private 

schools who receive benefits under the program.

7.21 If the average cost of meeting the needs of students in public and private schools is the same, Hobart Schools will expend the same average amount of program funds for a student enrolled in a private school who receives benefits under the program as it 

does for a public school student who receives benefits under the program.


8.1 The parents of a handicapped child are afforded an opportunity to inspect and review all education records with respect to:

  1. Parental rights involving the identification, evaluation, and educational placement of the child; and

  1. The provision of a free appropriate public education to the child.

8.2 A. The parents of a handicapped child have the right to obtain an independent educational evaluation of the child, subject to paragraphs B through E below.

Hobart Schools provide, upon request, information about where an independent educational evaluation may be obtained.

B. If the parent disagrees with an evaluation obtained by Hobart Schools, the parent has the right to an independent educational evaluation (i.e., conducted by a qualified examiner who is not employed by Hobart Schools) and at public expense 

(which Hobart Schools either pay for or ensure that it is otherwise provided at no cost to the parent).  Hobart Schools may initiate a hearing to show that its evaluation is appropriate.  If the final decision is that the evaluation is appropriate, the parent still has the right 

to an independent educational evaluation, but not at public expense.

  1. If the parent obtains an independent educational evaluation at private expense, the results of the evaluation:

  1. Are considered by Hobart Schools in any decision made with respect to the provision of free and appropriate education to the child, and

  1. May be presented as evidence at a hearing under the subpart regarding that child.

  1. If a hearing officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation is at public expense.

  1. Whenever an independent evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, are the same as the criteria which Hobart Schools use when it 

  2. initiates an evaluation.

8.3 A. Written consent which meets the requirements under 300.300 obtained from parents of a handicapped child a reasonable time before Hobart Schools:

1. Proposes to initiate or change the identification, evaluation or educational placement of the child or the provision of a free appropriate public education to the child, or

2. Refuses to initiate or change the identification, evaluation or educational placement of the child or the provision of a free appropriate public education to the child.

  1. Written parental consent to obtained before:

  1. Conducting an initial evaluation; and

  1. Initial placement of a handicapped child in a program providing special education and related services.

  1. Except for pre placement evaluation and initial placement written consent may not otherwise be required as a condition of any benefit to the parent or child.

B.  Parent’s refusal to give written consent:

  1. Hobart Schools may use the hearing procedures in 300.506-300.516 to determine if the child may be evaluated or initially provided special education and related services without written consent.

8.4 A. Hobart Schools’ written notice includes:

1. A full explanation of all the procedural safeguards available to the parents;

  1. A description of the action proposed or refused by Hobart  Schools, and explanation of why Hobart Schools proposes or refuses to take the action, and a description of any options Hobart Schools considered and the reasons why those options

  2.  were rejected;

3. A description of each evaluation procedure, test record, or report Hobart Schools use as a basis for the proposal or refusal.

4. A description of any other factors which are relevant to Hobart Schools’ proposal or refusal, (including the local policy on special education placement).

B. The notice is:

1. Written in language understandable to the general public, and

2. Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.

C. If the native language or other mode of communication of the parent is not a written language, Hobart Schools takes steps to ensure:

1. That the notice is translated orally or by other means to the parent in his or her native language or other mode of communication;

2. That the parent understands the contents of the notice; and

3. That there is written evidence that these requirements have been met.

8.5 Hobart Schools follow the due process system established and implemented by the SDE.

8.6 A. During the pendency of any administrative or judicial proceeding regarding a complaint, unless Hobart Schools and the parents of the child agree otherwise, the child involved in the complaint remains in his or her present educational


B. If the complaint involves an application for initial admission to public school, the child, with consent of the parents, is placed in the public school program until the completion of all the proceedings.

C. Should a parent or eligible student wish to make a complaint regarding IDEA Part B violations, Hobart Public Schools provide for the filing and resolution of complaints in the following manner:

The complainant should follow the respective sources by first directing the complaint to:

1. The individual involved

2. The individual’s immediate supervisor

3. Additional supervisor/administrative personnel in the chain of     responsibility

4. The superintendent of schools

5. The board of education

No appeal will be heard by the board unless the accusations are in writing, signed by the party making the complaint, and presented to the board through the superintendent.

If the issue is still not resolved, the district will provide for filing the resolution of complaints by including the following procedure:

1. An independent onsite investigation if the SDE determines an investigation is necessary.

2. An opportunity for the complainant to submit additional information in writing.

3. A review of all relevant information and an independent determination as to whether the district has violated a requirement of IDEA, Part B.

4. Issue a written decision containing findings of fact and conclusions.

5. Reasons for the SDE’s final decision.

6. Procedures for effective implementation of the SDE’s final decision.

7. The right of the complainant or the LEA to request the Secretary of the U.S. Department of Education to review the SDE’s final decision.

8. Comply with a time limit of 60 calendar days after a complaint is filed with the LEA.

8.7 Surrogate Parent

A. Hobart Schools ensures that the rights of child are protected when:

1. No parent can be identified. (“Parent” means a parent, guardian, a person acting as a parent of a child, or an appointed surrogate).

2. Hobart Schools, after reasonable efforts, cannot discover the whereabouts of a parent; or

3. The child is a ward of the court.

B. Duty of Hobart Schools

  1. Hobart Schools determine whether a child needs a surrogate parent, and

  1. Recruits and trains a surrogate parent for the child, when needed, using materials supplied by the State Department of Education.

  1. Criteria for selection of surrogates

  1. Hobart Schools will select a person as a surrogate who:

  1. Has no interest that conflicts with the interest of the child he or she represents; and

  1. Has knowledge and skills that ensure adequate representation of the child.

  1. Any person assigned as a surrogate may not be an employee of Hobart Schools.

  1. The surrogate parent represents the child in all matters relating to:

1. The identification, evaluation, and educational placement of the child, and

2. The provision of a free appropriate public education to the child.


9.1 Testing and evaluation materials and procedures used for the purposes of evaluation and placement of handicapped children are selected and administered so as not to be racially or culturally discriminatory.

9.2 Before any action is taken with respect to the initial placement of a handicapped child in a special education program, a full and individual evaluation of the child’s educational needs is conducted in accordance with the requirements in Section 9.3 below.

9.3 Hobart Schools ensure that:

  1. Testing and other evaluations materials:

  1. Are provided and administered in the child’s native language or other mode of communication, unless it is clearly not feasible to so;

  1. Have been validated for the specific purpose for which they used; and

  1. Are administered by trained personnel in conformance with the instructions provided by their producer.

  1. The evaluation does not rely exclusively upon test and materials which are designated to provide a single general intelligence quotient;

  1. Tests are selected and administered by a contracted licensed Psychologist/ psychometrist so as best to ensure that when a test is administered to a child with impaired sensory, manual, or speaking skills, the test results accurately reflect the child’s 

  2. aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child’s impaired sensory, manual, or speaking skills (except where those skills are the factors which the test purports to measure);

  1. No single procedure is used as the sole criterion for determining an appropriate educational program for a child;

  1. The evaluation is made by a multidisciplinary team or group of persons, including at least one teacher or other specialist with knowledge in the area of suspected disability; and

  1. The child assessed in all areas related to the suspected disability, including, where appropriate: health, vision, hearing, social and emotional status, general intelligence, academic performance, communication status and motor abilities.

Section 10 PLACEMENT

10.1 Hobart Schools ensure that:

  1. Within 45 school days of receipt of parent consent, a team

determines categorical eligibility.

B. Data from a variety of sources is gathered and considered in the placement decision.

C. Information required includes: educational history and academic performance, observations, socio-cultural, health and developmental history, vision and hearing screening and necessary components for specific disabilities.

D. Interpretation of evaluation data and determination of a child’s placement in special education are made by the team knowledgeable about:

  1. The child;

  1. Interpretation of the evaluation data;

  1. Placement options.

E. Placement decisions are made with documentation of least restrictive environment considerations.

  1. If a determination is made that a child is handicapped and needs special education and/or related services, an individualized education program is developed for the child within the next 30 calendar days and the child’s placement is determined

  2.  annually based on his/her individualized education program.


11.1 Hobart Schools conduct an evaluation of each child based on procedures utilized for initial evaluations every three years or more frequently if conditions warrant or if the child’s parent or teacher requests an evaluation.


12.1 Hobart Schools has a local policy in regard to developed criteria for determining the existence of a specific learning disability in accordance with [34CFR 300.541] as quoted below:

A. A team may determine that a child has a specific learning disability if:

1. The child does not achieve commensurate with his or her age and ability levels in one or more of the areas listed in paragraph (a)(2) of this section, when provided with learning experiences appropriate for the child’s age and ability levels; and

2. The team finds that the child has a severe discrepancy between achievement and intellectual ability in one or more of the following areas:

(a) Oral expression;

(b) Listening comprehension;

(c) Written expression;

(d) Basic reading skills;

(e) Reading comprehension;

(f) Reading fluency;

(g) Mathematics calculation; or

(h) Mathematics reasoning

B. The team may not identify a child as having a specific learning disability if the severe discrepancy between ability and achievement is primarily the result of:

  1. A visual, hearing or motor handicap;

  1. Intellectual Disability

  1. Emotional disturbance; or

  1. Environmental, cultural or economic disadvantage.

C. Based upon individually administered assessments and other evaluation information reviewed, a severe discrepancy of 1.5 standard  deviations between achievement and intellectual ability exist in one or more of the above areas.  Or a 24 point 

discrepancy between ability and achievement.  


13.1 Hobart Schools:

  1. To the maximum extent appropriate, educates handicapped children, including children in public or private institutions or other care facilities, with children who are not handicapped, and

  1. Ensures that special classes, separate schooling, or other removal of handicapped children from the regular educational environment occurs only when the nature or severity of the handicap is such that education in regular classes with the use of 

  2. supplementary aids and services cannot be achieved satisfactorily.

13.2 Hobart Schools has a continuum of alternative placements to meet the needs of handicapped children for special education and related services, including local placement and transfers.

13.3 A. The child’s education placement is as close as possible to the child’s residence.

B. Unless a handicapped child’s individual education program requires some other arrangement, the child is educated in the school which he or she would attend if not handicapped.

C. Consideration is given to any potential harmful effect on the child or on the quality of services which he or she needs.


14.1 Hobart Schools ensure that it shall permit parents to inspect and review any educational records relating to their child which are collected, maintained, or used by the agency.

14.2 If a parent request to inspect or review records, Hobart Schools:

A. Complies with the request without unnecessary delay. 

B. Complies with the request within no more than 45 days.

14.3 Hobart Schools’ policy regarding the right to inspect and review records includes:

A. A provision that Hobart Schools responds to reasonable requests for explanations and interpretations of records.

B. A provision that Hobart Schools provides copies of records containing information if failure to provide copies would effectively prevent the parent from exercising the right to inspect and review the records.

C. A provision that representatives of the parents have the right to inspect and review the records.

14.4 Hobart Schools allows a parent to inspect and review records relating to his or her child unless Hobart Schools has been advised that the parent does not have the authority under state law governing such matters as guardianship, separation, or divorce.

14.5 Hobart Schools:

  1. Keeps a record of parties obtaining access to education records collected, maintained or used under this law.

  1. The record of access includes names of the party, date access was given, and the purpose for which the party was authorized to use the records.

14.6 If any education record includes information on more than one child, Hobart Schools ensures that the parents of the child shall have the right:

  1. To review and inspect only the information relating to their child; or

  1. To be informed of that specific information.

14.7 Hobart Schools provides to parents, on request, a list of the types and locations of education records collected, maintained, or used by Hobart Schools.

Confidential records pertaining to special education and related services identification and provision of services are kept in the special education office.  These records include the evaluation information gained in order to determine if a child has a 

disability and the IEP and other documenting forms completed for the child who is determined to have a disability.  Along with the parents, the following persons have access to the confidential records:

Superintendent:  Cathy Hunt

Director of Special Services:  Shara Garmon

Elementary School

Principal:  Kim Reed

Counselor:  Sherri Funkhouser

Special Education Teachers: Haley Barnett, Eric Mahoney

Speech/Language Therapist:  Kristi Powell

Specific General Education Teacher who has the student in class

Middle School

Principal:  Mark Harmon

Counselor:  Amanda Holt

Special Education Teachers:  Angel Mahoney

Specific General Education Teacher who has the student in class

High School

Principal:  Mark Harmon

Counselor:  Joy Porter

Special Education Teachers:  Bess Smith

Specific General Education Teacher who has the student in class

14.8 Hobart Schools may charge fees for copies of records providing:

  1. Hobart Schools’ procedures allow for charging a fee for copies of records if the fee does not prevent parents from exercising the above right.

  1. Hobart Schools does not charge a fee for search or retrieval of information for the parent.

14.9 Hobart Schools provides for amendment of records at parent request:

  1. A parent who believes that the education records collected, maintained, or used under this part are inaccurate, misleading, or violate the privacy or other rights of the child may request Hobart Schools to amend the same.

  1. Hobart Schools shall decide whether to amend the information in accordance with the request within 45 days after receiving the request.

  1. If Hobart Schools refuse to amend the information in accordance with the request, the school shall inform the parent of the refusal and advise the parent of the right to a hearing.

1. On request, Hobart Schools provides an opportunity for a hearing to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child.  This hearing 

will be conducted according to the procedures under [34 CFR 99.22].

2. If, as a result of the hearing, Hobart Schools decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it will inform the parents of the right to place in the records it maintains on the 

child, a statement commenting on the information accordingly and so inform the parents in writing.

3. If, as a result of the hearing, Hobart Schools decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child, it will inform the parents of the right to place in the records it maintains on 

the child, a statement commenting on the information or setting forth any reasons for disagreeing with the decision of Hobart Schools.

4. Hobart Schools requires that any explanation by parents placed in the records of the child:

  1. Be maintained by Hobart Schools as part of the records as long as the record or contested portion is maintained by Hobart Schools.

  1. Be disclosed if the records of the child or the contested portion are disclosed by Hobart Schools to any party.

14.10 Hobart Schools requires that parental or adult (18 or over) student consent to be obtained before personally identifiable information is disclosed to anyone other than officials of participating agencies collecting or using this information or is used for 

any purpose other than meeting a requirement under this part.

14.11 Hobart Schools documents the following safeguards regarding confidentiality:

  1. Hobart Schools protects the confidentiality of personally identifiable information at collection, storage, disclosure and destruction stages.

  1. The Special Education Teachers assume responsibility for ensuring the confidentiality of any personally identifiable information.

C. All individuals collecting or using personally identifiable information have received training/ instruction in federal and state confidentiality policies and procedures.

D. Hobart Schools maintains for public inspection a current listing of the names and positions of the employees within Hobart Schools who have access to personally identifiable information.

E. Hobart Schools maintains educational records for five years, at which time the school may determine that the information is no longer needed to provide educational services.

F. Hobart Schools informs parents when personally identifiable information collected, maintained, or used is no longer needed to provide educational services to the child.

G. Hobart Schools requires that information that is no longer needed after five years to provide educational services to the child must be destroyed at the request of parents (except that the student’s name, address, phone number, grades, attendance 

record, classes attended grade level completed and year completed may be notified without time limitation).  Parents will be notified 60 days before destruction and will be offered the opportunity to obtain the records.

14.12 Hobart Schools annually informs parents and adults(18 and over) of their rights under section 438 of the General Education Provisions Act, Title IV of PL 90-247 as amended, this part [34 CFR 99], and Hobart Schools’ policies and procedures regarding 

confidentiality, and their right to file complaints regarding confidentiality.

14.13 All parental rights regarding records shall pass to the child upon reaching the age of majority (age 18) or when attending an institution of postsecondary education, except in the case of a severely or profoundly handicapped child who is legally determined

to be incompetent to make such decisions by himself.


15.1 That each educational program for handicapped children administered within the district, including each program administered by another public agency, meets education standards of the state educational agency (including the requirements of this part).

15.2 Hobart Schools has established procedures for determining program effectiveness to be completed at least annually.  This includes:  modification of instructional practices such as teaching on an individual basis, valid and reliable pupil evaluation, IEP 

implementation, fair grading system, and flexible time margins to meet individual needs; acceptance of special education students as a part of the school, classroom space comparable to that in regular classes, organized instructional materials at the level of

the learner; and comparison of attendance, suspension, and graduation rate between special and regular education students.


16.1 Hobart Schools complies with any federal health or safety requirements that apply to the facilities that the subgrantee uses for a project.


A subgrantee shall comply with the state plan and applicable statutes, regulations, and approved applications and shall use federal funds in accordance with those statutes, regulation, plans and applications.

17.1 Hobart Schools will comply with state statutes, regulations, policy and procedures as approved in the Oklahoma State Plan by:

  1. Conforming to class size/case load policies.

B. Providing that handicapped children are taught by the Special

Education Teacher and when needed services are contracted.

C. If appropriate, providing a trained paraprofessional in the teaching of handicapped children categorized multiple-handicapped and/or deaf-blind.

D. If appropriate, providing home based programs which permit instruction outside the school setting.

E. Participating in the annual 94-142 child count in a manner consistent with the following:

On October 1 of each year, each district shall conduct a child count and report the date to the Special Education section to the State Department of Education.  All handicapped children with an Individualized Education Program (IEP), which is being

implemented, will be counted.

This count must be unduplicated and documentation must be kept that ensures the following children are not counted:

  1. Handicapped children who have been evaluated by a public agency but are not receiving special education and related services on October 1, as required by [34 FR 300.753].

  1. Handicapped children who are not enrolled in a school or program operated or supported by a public agency as required by [34 FR 300.753].

  1. Handicapped children who are not provided special education and related services that meet state standards  that meet state standards as required by [34 FR 300.753].

  1. Handicapped children who are receiving special education funded solely by the Federal Government.  (This category of children could include Indian children residing on or near reservations and handicapped children residing on military

  2.  facilities, unless the public agency provides special education and related services to such children).

F. Completing all necessary fiscal program/data requirements.

1. EHA-B Application

(a) Part 1 - District Plan

(b) Part 2 - Budget if applicable

2.  PL 89-313

3.   Discretionary if applicable

4.   Annual Data report

  1. Comprehension System of Personnel Development (CSPD)

In accordance with the requirements of the State Annual Program Plan for Special Education, it is assured that the following steps will be taken to implement CSPD.

1.Committee Name Position/Function

Administrative /

Representative Kim Reed      Elem. Principal

Mark Harmon MS Principal 

Mark Harmon HS Principal

Special Education/

Teachers Shara Garmon Director Spec. Services

Haley Barnett MMD

Eric Mahoney MMD                                                               Angel Mahoney       MMD                                                      Bess Smith              MMD


Therapist Kristi Powell            Speech/Lang

Contracted OT; PT


Parent of

Handicapped Varies Advocate

Contracted All Testing

  1. The purpose of this committee will be to ensure:

(a) The identification of inservice training needs of personnel of area agencies and organizations providing services to handicapped children and the provision of appropriate inservice training programs as indicated in a formal needs assessment.

(b) The establishment of procedures to acquire, review and disseminate significant educational information derived from exemplary demonstration projects.

  1. The CSPD committee will function so as to accept input from representatives of agencies and organizations providing services to handicapped children as indicated below:

Regular Teachers (Elem./Sec.)

Special Teachers (Elem./Sec.)


Vo-Tech (Administrators/Instructional Personnel)

Support Personnel

Related Services Personnel



Head Start

Day Care

Guidance Centers

School Health Services (nurse)


  1. The CSPD committee will review and annually update the above procedures.

  1. In all instances, the CSPD committee will function in accordance with policy and procedures established in the Annual Program Plan.


18.1 Hobart Schools certifies that it shall directly administer or supervise the administration of each project.


19.1 Hobart Schools will show compliance by completing all forms from the State Department of Education.


20.1 The Hobart Schools program, when viewed in its entirety, is readily accessible to handicapped personnel.  (Not every building or part of a building need be accessible, but the program as a whole must be accessible).

  1. In selecting alternative plans to make programs accessible, Hobart Schools has given priority to those methods which allow handicapped persons to participate in programs/activities in settings which are the most integrated or are in the least 

  2. restrictive environment appropriate.

B-C There are no structural problems.

  1. Hobart Schools has implemented procedures that provide interested persons information as to the existence and location of services, activities and facilities that are accessible to and usable by handicapped persons.

  1. This information is available to persons with impaired vision or hearing.   

20.2 Hobart Schools has designed, constructed, or altered all facilities in such a manner that the facility or part of the facility is readily accessible to and usable by handicapped persons if the construction commenced after 1973.

Section 21 Extended School Year (ESY)

Interpretation of Requirements under Part B of the Individuals with Disabilities Education Act (IDEA) P.L. 101-476 and Section 504 of the Rehabilitation Act of 1973

Extended School Year Defined

Extended school year (ESY) services may be defined as a special education service(s) which is provided by an agency to eligible children and youth with disabilities beyond the regular instructional year as a necessary part of a free appropriate public

education required by the Individuals with Disabilities Education Act (IDEA), P.L. 101-476 (see CFR 300.300).  ESY services should not be confused with traditional summer school or with summer services typically made available to all students.  ESY 

services must be developed and documented through the Individualized Education Program (IEP) process and be provided at no cost to parents for children and youth determined to be eligible for such services by the IEP team.

The purpose of ESY is not to enhance the present levels of educational performance exhibited by children and youth with disabilities at the end of the regular school year.  One important criterion for ESY eligibility, however, is based on a construct 

of “skill regression and a student’s limited capacity for recoupment.”  According to a 2990 Tenth Circuit Court of Appeals decision, an extended school year must be provided when it is determined by the IEP team that a child has regressed, or is predicted to

regress, to such a severe degree in a critical skill area that recoupment of such skill loss following the summer break in programming is unlikely or would require an unusually long period of time.

Determination of ESY Eligibility by the IEP Team

One central purpose of providing ESY services, therefore, is to prevent or slow severe skill regression caused by an interruption of special education service(s) during the summer months.

A. Eligibility for ESY service(s) must be determined on an individual basis by the IEP team.  ESY guidelines and practices must not be invoked which have the effect of considering eligibility for ESY services based upon a category, or class, of disability.

B. ESY service(s) must be provided only under the provision of an IEP.  The IEP team must specify which long term goal(s) and short term objectives are to be implemented in the ESY program.  Appropriate procedures for developing the IEP are

contained in the Policies and Procedures Manual for Special Education in Oklahoma.

C. The question of the child’s need for ESY services may be raised at any time by an IEP team member/parent (including during a regularly scheduled IEP meeting) or may be incorporated into the annual EIP review.  For a child whose current IEP

provides for ESY services, the question of a continuing need for such services should be included in any subsequent meeting held to review, evaluate and revise the IEP.

Factors for Determining Eligibility

A 1990 Tenth Circuit Court of Appeals decision suggests that the following factors must be considered by the IEP team in determining eligibility for ESY programming.  This list is not exhaustive, nor is it intended that each factor would necessarily affect the

planning for each child’s IEP:

A. Degree of disability;

B. Degree of regression suffered;

C. Recovery time from this regression;

D. Ability of parents to provide educational structure at home;

E. Child’s rate of progress;

F. Child’s behavioral problems;

G. Child’s physical problems;

H. Availability of alternative resources;

I. Ability of the child to interact with children and youth who are not disabled;

J. Area(s) in curriculum which need continuous attention;

K. Child’s vocational needs;

L. Whether the requested service is extraordinary for the child’s disability, as opposed to an integral part of a program for those with the child’s disability; and

M. Other relevant factors as determined by the IEP team.

*(The Tenth Circuit Court of Appeals has further held that the burden of proof in special education disputes rests with the party “attacking” the child’s IEP.)

It is not required that all children and youth with disabilities receive ESY services.  The key provision is that all children and youth with disabilities, regardless of categorical class, have the opportunity to be considered for possible ESY services as determined

to be appropriate by the IEP team in the provision of a free, appropriate public education.  ESY services must be made available to children and youth with disabilities who qualify based upon eligibility standards as incorporated into a local education agency’s 

ESY policies and procedures.

Data Collection for Determining Eligibility

The IEP team must determine a child’s eligibility for ESY services by collecting and analyzing all pertinent data, including, but not limited to, the child’s disability, educational history, and present educational functioning.  Such an analysis could necessitate a 

review of the following:

A. Criterion referenced and standardized tests, including pre-test and post-test data of a student’s progress;

B. Functional assessments used in natural environments – home, community, work, school;

C. Analysis of data collected on a regular basis;

D. Evaluations of those areas involving related services;

E. Parent, student, and/or service-provider information;

F. Interviews with teachers and parents on success or potential success of ESY services; and

G. Applied behavior analysis to directly assess students’ performance of IEP objectives across time.

Section 22 Service Animals in Schools

The Hobart School District acknowledges its responsibility to permit students and/or adults with disabilities to be accompanied by a “service animal” in its school buildings, in classrooms, and at school functions, as required by the Americans with

Disabilities Act, 28 CFR Part 35, subject to the following:

  1. All requests for an individual with a disability to be accompanied by a service animal must be addressed in writing to the Superintendent of Schools at 321 N Jefferson, Hobart, OK 73651, and must contain required documentation of 

  2. vaccinations. This written request must be delivered to the Superintendent of Schools’ Office at least 10 business days prior to bringing the service animal to school or a school function. (Court cases have been cited 

  3. (C.C. vs. Cypress Sch. Dist., 56 IDELR 295 (C.D. Cal. 2011) that students have access to their service animal as part of their civil rights. Caution is advised regarding a specific timeline, but other court cases have acknowledged school districts should be 

  4. allowed ample time to make specific accommodations including the modification of current school policies).

  1. Owners of a service dog should provide annual proof of the following vaccinations: DHLPPC (Distemper, Hepatitis, Leptospirosis, Parainfluenza, Parvovirus, and Coronavirus), Bordetella, and Rabies. 

  1. Owners of service miniature horses should provide annual proof of the following vaccinations: Equine Infectious Anemia (Coggins Test), Rabies, Tetanus, Encephalomyelitis, Rhinoneumonitis, Influenza, and Strangles.

  1. All service dogs should be spayed or neutered.

  1. All service animals should be treated for, and kept free of, fleas and ticks.

  1. All service animals should be kept clean and groomed to avoid shedding and dander.

  1. Owners of service animals are liable for any harm or injury caused by the animal to other students, staff, visitors, and/or property.

  1. The animal must be a dog or, in specific circumstances, a miniature horse. No other species of animal, whether wild or domestic, will be permitted in schools as a “service animal.”

  1. The animal must be “required” for the individual with a disability.

  1. The animal must be “individually trained” to do work or a task for the individual with a disability.

  1. Special Provisions/Miniature Horses: Request to permit a miniature horse to accompany a student or adult with a disability in school buildings, in classroom, or at school functions, will be handled on a case-by-case basis, considering:

  1. The type, size, and weight of the miniature horse and whether the facility can accommodate these features.

  2. Whether the handler has sufficient control of the miniature horse.

  3. Whether the miniature horse is housebroken.

  4. Whether the miniature horse’s presence in a specific facility compromises legitimate safety requirements that are necessary for safe operation. 

  1. Removal of a Service Animal: A school administrator may ask an individual with a disability or his parent to remove a service animal from a school building, a classroom, or from a school function if any one of the following circumstances occurs:

  1. The animal is out of control and the animal’s handler does not take effective action to control it. 

  2. The animal is not housebroken.

  3. The animal is a direct threat to the health and safety of others

  1. A public entity must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration and severity of the risk; the probability

  2.  that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.

  1. The animal’s presence would “fundamentally alter” the nature of the service, program, or activity. 

  1. A service animal must have a harness, leash, or other tether, unless either the handler is unable because of a disability to use a harness, leash, or other tether, or the use of a harness, leash, or other tether would interfere with the service animal’s safe, effective

  2.  performance of work or task, in which case the service animal must be otherwise under the handler’s control.

  1. The school system is not responsible for the care or supervision of a service animal, including walking the animal or responding to the animal’s need to relieve itself. 

  1. The school district is not responsible for providing a staff member to walk the service animal or to provide any other care or assistance to the animal.

  2. Students with service animals are expected to care and supervise their animals. In the case of a young child or a student with disabilities who is unable to care for or supervise his service animal, the parent is responsible for providing care and 

  3. supervision 

  4. of the animal. Issues related to the care and supervision of service animals will be addressed on a case-by-case basis at the discretion of the building administrator.