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1 PINKERTON ACADEMY SPECIAL EDUCATION PARENT HANDBOOK 2018-2019 Understanding Communication Collaboration We recommend that you periodically check the Pinkerton Academy website at www.pinkertonacademy.org for School Counseling and Special Education announcements and college information Disclaimer: The information contained in this Handbook is subject to change without notice. Revised 10/2018 P.A.

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Page 1: Pinkerton Academy Special Education Handbook... · This booklet has been designed to provide parents, students, professionals and other interested people with information about special

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PINKERTON ACADEMY SPECIAL EDUCATION

PARENT HANDBOOK

2018-2019

Understanding

Communication Collaboration

We recommend that you periodically check the Pinkerton Academy

website at www.pinkertonacademy.org for School Counseling and Special

Education announcements and college information

Disclaimer: The information contained in this Handbook is subject to change without notice. Revised 10/2018

P.A.

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I. INTRODUCTION:

This booklet has been designed to provide parents, students, professionals and other

interested people with information about special education at Pinkerton Academy.

Although each disabled student’s needs are different, this booklet explains general special

education policies and can be used as a guide.

Mission Statement

As a unique, independent academy, Pinkerton Academy’s mission is to strive to

ensure the growth of all students in a challenging, respectful, and collaborative

environment. The Academy fosters a student-centered community with purposefully

designed, interactive, and relevant learning opportunities.

DEPARTMENT PHILOSOPHY STATEMENT

The Special Education department at Pinkerton Academy believes that all students,

including those with disabilities, are capable of learning. Although the department

acknowledges that students vary in their rate of learning, actual achievement, and

intellectual potential, the special education staff strongly believes that disabilities should

not prevent students from reaching their full potential. As a result of this fundamental

belief, the special education department offers educationally disabled students a

continuum of services. These services are based on the following guidelines:

1) Resource Program: The Resource Program services to students with mild to moderate

disabilities who can function in mainstream classrooms when they receive

modifications, accommodations and supplemental supports and services* and

specialized instruction within the resource Room

Entrance Criteria

IEP team with sending school district representation may recommend the program

Successful completion of 8th

grade

The student must be a special education student with a mild or moderate

educational disability.

The student must have a history of non-violent behavior

Acceptance by Pinkerton Academy’s Director of Special Education or their

designee.

Exit Criteria:

Successful completion of program

21 years of age

IEP team determination

Physical violence towards staff or students

Continues to harass and/or bully students after being warned

Possession of a weapon or drugs

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2) ACT Program (Alternative Comprehensive Transition Program): ACT is

designed to provide students with disabilities that require more functional skills

support and who are unable to successfully meet all or some of the minimum

curriculum standards. The major focus is on independent living, social adjustment

and employment readiness when they receive a combination of specialized

instruction, work experience and special education classes in Reading Enrichment,

Introduction to Basic Computer Literacy and Safety, Consumer Education, Daily

Living Skills. In addition a series of “unified” classes have been developed in

conjunction with various departments in the school which provide an opportunity for

students without disabilities to provide supports and share their interests with students

with significant disabilities that have also shown an interest in the class. We currently

have Unified Physical Education, Unified Dance, Unified Music and Unified Art.

ACT also recognizes that students may be able to meet the minimum curriculum

standards with support, but may also need an intensive functional life skills program

to provide appropriate transition skills for post high school.

Entrance Criteria

IEP team with sending school district representation may recommend the program

Successful completion of 8th

grade

The student must be a special education student with a mild to moderate

Intellectual disability or another disability significantly impacting the

development of life skills.

The student must have a history of non-violent behavior

The student must have a history of not needing physical management

Acceptance by Pinkerton Academy’s Director of Special Education or their

designee.

Exit Criteria:

Successful completion of program

21 years of age

IEP team determination

Physical violence towards staff or students

Continues to harass and/or bully students after being warned

Possession of a weapon or drugs

3) PASSES (Pinkerton Academy’s Special Services for Educational Success): The

PASSES program was designed for students with severe emotional disabilities. The

program strives to empower students to reach their potential by providing a

supportive educational environment through collaborative solutions and a student

centered teaching approach.

The PASSES Program offers academic support, which includes specialized

instruction and homework support in resource, special education classes in English 9-

12, Math for the Consumer, Pre-Algebra, Algebra 1, Geometry, US History,

American Government, Cultural Geography, Economics and Introduction to Art. The

classes are smaller and differentiated to student needs. Instruction is given by

certified special educators, who are also certified or High Qualified in the area of

study.

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Clinical support is a vital component of the program, which consist of individual and

group counseling sessions and collaboration with outside agencies. PASSES utilizes

Dr. Ross Greene’s Collaborative and Proactive Solutions to identify lagging skills and

unsolved problems. They engage students in the problem solving process to develop

informed solutions while teaching vital skills.

Entrance Criteria

IEP team with sending school district representation may recommend the program

Successful completion of 8th

grade

The student must be a special education student with a mild Emotional Disability

or ADHD.

The student must have a history of non-violent behavior

Acceptance by Pinkerton Academy’s Director of Special Education or their

designee.

Exit Criteria:

Successful completion of program

21 years of age

IEP team determination

Physical violence towards staff or students

Continues to harass and/or bully students after being warned

Possession of a weapon or drugs

4) NECC (The New England Center for Children’s)

Is a partnership program that enables Pinkerton Academy to provide a level of

services for students with Autism Spectrum Disorders similar to that found in out-of-

district placements, while allowing students to be included in their community

schools.

Through this model, NECC provides:

● Full-time certified special educator

● Weekly consultation from a BCBA®

● Paraeducators

● Initial and ongoing professional development for paraeducators affiliate with the

program

Full complement of educational through the Autism Curriculum Encyclopedia

(ACES) including assessments, curriculum and progress monitoring tools

●Other supplemental supports and services*

*Supplemental Supports and Services-Speech Language, reading in the Content, Reading

Efficiency, Paraeducators, Social Skill Classes, Personal Communication Enrichment &

Post-Secondary independence. In collaboration with sending districts students may also

receive other types of supplemental supports and services such as but not limited to-

Physical Therapy, Occupational Therapy, Mobility Specialists, Vision & Hearing

Specialists and BCBA.

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Entrance Criteria

● IEP Team with sending school district representation may recommend the program

● Successful completion of 8th grade

● The student must be a special education student with educational disability in the

area of ASD.

● The student must have a history of non-violent behavior

● Pinkerton Academy’s Director of Special Education or their designee will

determine if student meets Pinkerton’s entrance requirements and if so will give

information to NECC staff to make final acceptance determination. NECC determines

acceptance.

Exit Criteria

● Successful completion of program

● 21 years of age

● IEP Determination

● Physical violence towards staff or students

● Continues to harass and/or bully students after interventions have been given

● Possession of a weapon or drugs

II. Description of the Special Education Department:

Pinkerton Academy is a public academy that assists the sending districts in meeting their obligation to provide educationally disabled students with a free and appropriate education at public expense. Pinkerton voluntarily subscribes to and complies with IDEIA and the most current NH Rules for the Education of Children with Disabilities adopted March 23, 2017. Pinkerton Academy does not discriminate against individuals on the basis of disability. Pinkerton Academy serves as the educational provider for the sending districts. However, Pinkerton Academy reserves the right to decline to accept placement of a student who requires a more restrictive educational placement in order to receive a free and appropriate education at public expense. In the event Pinkerton is unable to provide a student with an appropriate education due to their educational disability, it is the responsibility of the sending district to offer an alternative placement. Those individuals who wish to explore accommodations under IDEIA should contact the Director of Special Education, extension 1136.

The Special Education department at Pinkerton Academy is organized around four

programs provide services for the towns of Derry, Chester, Hampstead, Auburn and

Hooksett. The programs; Resource, Alternative Comprehensive Transition (ACT), and

Pinkerton Academy’s Special Services for Educational Success (PASSES), are designed

to fulfill the requirements of the Individuals with Disabilities Improvement Act (IDEIA)

of 2004. In total, Pinkerton Academy serves the needs of approximately 17% of the

student population.

The Special Education department includes a director, an assistant director, 2 program

coordinator, Passes Coordinator, ACT Coordinator, 1-Work To Learn Coordinator, 1-

Inclusion Facilitator, 1-ASD Specialist, 4-Office Support Personnel, 24-Case

Coordinators, 1 School Psychologist, 1-Counselor, 1 Adjustment Counselor, 4 Speech

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Pathologists (2 part time) and 1 Speech Assistant (part time), 1 Speech Specialists ( part

time), 1 Reading Specialist, 1 per diem Achievement Tester, 8 Program Para- Educators

and about 80 Para-Educators who help provide an array of services for our students.

NECC Staff: 1-NECC Special Education Teacher, 1 Part Time NECC BCBA, 5 NECC

Paraeducators (Please refer to Special Education Staff listing at the back of the handbook

for contact information)

Note: In cases where students require instruction at home, hospitals or institutions; Pinkerton Academy would work cooperatively with the student’s LEA to provide curriculum as appropriate and determined by IEP Team. The LEA would be responsible for coordination and payment of services as appropriate If at any time

Pinkerton Academy staff is concerned it can no longer implement a student’s I.E.P. or

provide FAPE, an I.E.P. team meeting with district representation would be requested

to review the concerns and to amend the I.E.P. and placement if necessary.

III. General Policies:

A. Non-Discrimination Policy:

Pinkerton Academy complies with applicable federal, state, and local laws governing

nondiscrimination in employment, including but not limited to Title IX of the Educational

Amendments of 1972, Title VII of the Civil Rights Act of 1964 and Americans with

Disability Act Amendments Act of 2008 (ADAAA). In addition, Pinkerton Academy

voluntarily subscribes to and follows the Individuals with Disabilities in Education Act of

1997 (IDEA), Section 504 of the Rehabilitation Act of 1973, state special education laws,

Crime Victim Leave Act and the New Hampshire Law Against Discrimination (RSA 354-A).

Pinkerton Academy does not discriminate or deny services on the basis of race, color,

national origin, sex, handicap or disability, religion, marital status, veteran status, sexual

orientation or age.

Any individuals who feel they have been discriminated against should contact either the

Dean of Students or any other administrator.

Grievance procedures have been established for specific complaints of discrimination. It is

the intent of Pinkerton Academy to comply with both the letter and spirit of the law, and any

action taken will be consistent with requirements of applicable laws, including but not limited

to, due process protections under Title IX and section 504.

Any individuals who feel that they have been discriminated against may, at any time, contact

the Office of Civil Rights, U.S. Department of Education, Region I, 140 Federal Street,

Boston, Massachusetts 02110.

Limited English proficiency will not be a barrier to admission nor participation in activities at

Pinkerton Academy if a student is otherwise qualified.

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Parental Rights In Special Education: Each parent should have received a copy of their

rights from their town district representative at their child’s staffing. If you would like

another copy go on line to www. pinkertonacademy.org, click on special education, or

contact:

Richard L. Sharp

Director of Special Education

Pinkerton Academy

5 Pinkerton Street

Derry, NH 03038

(603) 437-5200 ext. 1184

Fax 603-437-5207 Requires Cover Page

or

The Special Education Director for your town

(See attached listing)

B. Child Find:

Administrators and staff are encouraged to make referrals for students they feel may need

specialized instruction, modifications, or accommodations to be successful in school.

Initial referral concerns should be made to the student’s guidance counselor and they will

complete the referral packet, which will be processed by the Special Education Program

Coordinator. The Special Education Program Coordinator will notify the 504

Coordinator, LEA Representative, and Associate Dean in writing of the referral.

C. Referral Procedures:

Any concerned person can refer a student for special education services. They should

contact the student’s guidance counselor.

Step #1. Referral –District notified.

Step #2. Disposition - What do we know? What more do we need to know? 15 days

Do we have enough information? Do we need evaluations? What will we do?

Step #3. Evaluation - Testing, reports, observations, medical information, etc.

Step #4. Determination -What can the student do? How? 60 days

What can’t the student do? Why? Is there an educational disability?

Step #5. Develop Individualized Education Plan (I.E.P.) 30 days

Step #6. Placement - Can the student learn in a regular setting with modifications?

Step #7. Monitoring - Is placement and I.E.P. being implemented? Is student progressing

towards goals? (i.e. quarterly report, same frequency as report cards).

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D. Staffings’ (IEP MEETINGS)

Each student’s Individual Education Plan is reviewed and revised at least once a year by

a team of individuals which consist of, but not limited to, the student, parents, guardians,

surrogate parents, special education teachers, specialists, community agency

representatives, school administrators, subject area teacher, guidance counselors and/or

school district personnel.

Parents, guardians or adult students will be offered a copy of their rights from their

school districts representative at their meetings.

Staffings may be requested by any member of the team, at any time in the course of the

school year. Some reasons for staffings are to review current testing information, modify

an educational plan, change a student’s placement or program, or to review student

progress in the event of suspension, poor attendance or other unforeseen circumstances.

Members of the staffing team are notified in advance by letter of the time, place, date, the

purpose of the meeting and who will be in attendance at the staffing. Every effort is made

to hold the meeting at the convenience of the team members. Interpreters will be

provided for parents having a primary language other than English.

E. Suspension and Expulsion Policy for Students Receiving Special Education

Services:

Request information from your student’s administrator or Dean of Students and Support

Services.

F. Policy on Restraint, Seclusion and Intentional Physical Contact

Introduction

This policy is adopted pursuant to state law (NH RSA 126-U:2) which requires that Pinkerton

have a written policy and procedures for managing the behavior of students. This policy is

adopted as an adjunct to Pinkerton’s other policies and procedures pertaining to the management

of a student behavior, but shall be deemed to be the controlling policy as to all matters involving

restraint and seclusion. Pinkerton is committed to the management of student behavior through

its disciplinary policy and through the use of positive behavioral interventions. Therefore,

Pinkerton’s use of physical restraint and seclusion shall be limited in accord with NH RSA 126-

U. Under no circumstances shall Pinkerton staff use medication restraint. The use of mechanical

restraint shall be limited to that mechanical restraint necessary to safely transport students.

Definitions: (RSA 126-U:1)

What is considered “Restraint?”

1. “Restraint” means bodily physical restriction, mechanical devices, or any devise that

immobilizes a person or restricts the freedom of movement of the torso, head, arms, or legs.

It includes mechanical restraint, physical restraint, and medication restraint used to control

behavior in an emergency or any involuntary medication. It is limited to actions taken by

persons who are Academy staff members, contractors, or otherwise under the control or

direction of the Academy.

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a. Medication restraint occurs when a child is given medication involuntarily for the

purpose of immediate control of the child’s behavior.

b. Mechanical restraint occurs when a physical device or devices are used to restrict

the movement of a child or the movement or normal function of a portion of his

or her body.

c. Physical restraint occurs when a manual method is used to restrict a child’s

freedom of movement or normal access to his or her body.

What is not considered “Restraint?”

“Restraint” shall not include:

a. Brief touching or holding to calm, comfort, encourage, or guide a child, so long as

limitation of freedom of movement of the child does not occur.

b. The temporary holding of the hand, wrist, arm, shoulder, or back for the purpose of

inducing a child to stand, if necessary, and then walk to a safe location, so long as the

child is in an upright position and moving toward a safe location.

c. Physical devices, such as orthopedically prescribed appliances, surgical dressings and

bandages, and supportive body bands, or other physical holding when necessary for

routine physical examinations and tests or for orthopedic, surgical, and other similar

medical treatment purposes, or when used to provide support for the achievement of

functional body position or proper balance or to protect a person from falling out of

bed, or to permit a student to participate in activities without risk of physical harm.

d. The use of seat belts, safety belts, or similar passenger restraints during the

transportation of a child in a motor vehicle.

e. The use of force by a person to defend himself or herself or a third person from what

the actor reasonably believes to be the imminent use of unlawful force by a child,

when the actor uses a degree of such force which he or she reasonably believes to be

necessary for such purpose and the actor does not immobilize a child or restrict the

freedom of movement of the torso, head, arms, or legs of any child.

2. “Seclusion” means the involuntary placement of a child alone in a place where no other

person is present and from which the particular child is unable to exit, either due to

physical manipulation by a person, a lock, or other mechanical device or barrier. The

term shall not include the voluntary separation of a child from a stressful environment for

the purpose of allowing the child to regain self-control, when such separation is to an area

which a child is able to leave. Seclusion does not include circumstances in which there is

no physical barrier between the child and any other person or the child is physically able

to leave the place. A circumstance may be considered seclusion even if a window or

other device for visual observation is present, if the other elements of this definition are

satisfied.

3. “Intentional Physical Contact” means contact by a school employee with a child, in

response to a child’s aggression, misconduct, or disruptive behavior, and includes, but is

not limited to blocking of a blow, forcible release from a grasp, or other significant and

intentional physical contact with a disruptive or assaultive child. Intentional physical

contact does not include:

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a. Escorting a child from an area by way of holding of the hand, wrist, arm, shoulder, or

back to induce the child to walk to a safe location, unless the child is actively

combative, assaultive, or self-injurious while being escorted.

b. Actions such as separating children from each other, inducing a child to stand, or

otherwise physically preparing a child to be escorted.

c. Incidental or minor contact, such as for the purpose of gaining a misbehaving child’s

attention.

4. “Child” means a person who has not reached the age of 18 years and who is not under

adult criminal prosecution or sentence of actual incarceration resulting therefrom, either

due to having reached the age of 17 years or due to the completion of proceedings for

transfer to the adult criminal justice system under RSA169-B:24, RSA 169-B:25, or RSA

169-B:26. Child also includes a person in actual attendance at Pinkerton who is less than

22 years of age and who has not received a high school diploma.

5. “Serious injury” means any harm to the body which requires hospitalization or results in

the fracture of any bone, non-superficial lacerations, injury to any internal organ, second-

or third-degree burns, or any severe, permanent, or protracted loss of or impairment to the

health or function of any part of the body.

Procedures for Managing The Behavior of Students: (RSA 126-U:2)

The Headmaster is authorized to establish procedures for managing the behavior of students.

Such procedures shall be consistent with this policy and all applicable laws and regulations. The

Headmaster is further authorized to establish any other procedures necessary to implement this

policy and/or any other legal requirements.

RESTRAINT

Circumstances in Which Restraint May Be Used: (RSA 126-U:5)

Restraint will be used only to ensure the immediate physical safety of persons when there is a

substantial and imminent risk of serious bodily harm to the child or others. The determination of

whether the use of restraint is justified may be made with consideration of all relevant

circumstances, including whether continued acts of violence by a child to inflict damage to

property will create a substantial risk of serious bodily harm to the child or others.

Persons implementing a restraint will use extreme caution, and will use the least amount of

physical strength necessary to protect the student. The use of physical intervention should not

exceed that necessary to avoid injury. The degree of physical restriction employed must be in

proportion to the circumstances of the incident and the potential consequences. School

administration may elect to contact the local law enforcement agency for support if necessary.

A restraint of a student will be conducted in a manner consistent with the techniques prescribed in

the Academy’s approved training program. The purpose of the restraint is to assist the student to

regain emotional stability. It should last only as long as is necessary to accomplish this purpose.

To the extent possible, it will be conducted in such a way as to preserve the confidentiality and

dignity of all involved.

Restraint should be carried out by trained persons authorized by the Headmaster, Special

Education Department Head, Dean of Students, Associate Dean of Students/Designee when all

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other interventions have failed or been deemed inappropriate. Untrained staff is limited to

physically intervening by using the minimal amount of physical contact with the student to

protect the student and ensure the safety of others until trained staff is available. Untrained staff

should request assistance from trained staff as soon as possible.

Restraint shall never be used explicitly or implicitly as punishment for the behavior of a child.

Authorization and Monitoring of Extended Restraint: (RSA 126-U:11)

1. Restraint shall not be imposed for longer than is necessary to protect the student or others

from the substantial and imminent risk of serious bodily harm.

2. Students in restraint shall be continuously and directly observed by district personnel trained

in the safe use of restraint.

3. No period of restraint of a student may exceed 15 minutes without the approval of a

supervisory employee designated by the Headmaster to provide such approval.

4. No period of restraint of a student may exceed 30 minutes unless a face-to-face assessment of

the mental, emotional, and physical well-being of the student is conducted by a supervisory

employee designed by the Administrator who is trained to conduct such assessments. The

assessment shall also include a determination of whether the restraint is being conducted

safely and for a purpose authorized by RSA 126-U. Such assessments shall be repeated at

least every 30 minutes during the period of restraint. Each such assessment shall be

documented in writing and such records shall be retained by the facility or school as part of

the written notification required in RSA 126-U:7, II.

Prohibition of Dangerous Restraint Techniques (RSA 126-U:4)

Use of the following restraint and behavior control techniques are prohibited:

1. Any physical restraint or containment technique that:

a. Obstructs a student’s respiratory airway or impairs the student’s breathing or respiratory

capacity or restricts the movement required for normal breathing;

b. Places pressure or weight on, or causes the compression of, the chest, lungs, sternum,

diaphragm, back , or abdomen of a student;

c. Obstructs the circulation of blood;

d. Involves pushing on or into the student’s mouth, nose, eyes, or any part of the face or

involves covering the face or body with anything, including soft objects such as pillows,

blankets, or washcloths; or

e. Endangers a student’s life or significantly exacerbates a student’s medical condition.

2. The intentional infliction of pain, including the use of pain inducement to obtain compliance.

3. The intentional release of noxious, toxic, caustic, or otherwise unpleasant substances near a

student for the purpose of controlling or modifying the behavior of or punishing the student.

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4. Any technique that unnecessarily subjects the student to ridicule, humiliation, or emotional

trauma.

Transportation: (RSA 126-U:12)

Pinkerton shall not use mechanical restraints during the transportation of students unless case-

specific circumstances dictate that such methods are necessary. As defined above, mechanical

restraint does not include seat belts, safety belts or similar restraints used to safely transport a

student.

Whenever a student is transported by Pinkerton to a location outside the school, the Headmaster

will ensure that all reasonable and appropriate measures consistent with public safety are made to

transport or escort the student in a manner which:

1. Prevents physical and psychological trauma;

2. Respects the privacy of the student; and

3. Represents the least restrictive means necessary for the safety of the student.

Whenever a student is transported using mechanical restraints, the Headmaster or designee will

document in writing to the parents/guardian(s) the reasons for the use of the mechanical

restraints. The documentation shall be treated as a notification of restraint.

SECLUSION

Limitations on the Use of Seclusion: (RSA 126-U:5-a)

Seclusion may not be used as a form of punishment or discipline. It may only be used when a

child’s behavior poses a substantial and imminent risk of physical harm to the child or to others,

and may only continue until that danger has dissipated.

Seclusion shall only be used by trained personnel after all other approaches as to the control of

behavior have been attempted and been unsuccessful, or are reasonably concluded to be unlikely

to succeed based on the history of actual attempts to control the behavior of a particular child.

Seclusion shall not be used in a manner that unnecessarily subjects the child to the risk of

ridicule, humiliation, or emotional or physical harm.

Conditions of Seclusion: (RSA 126-U:5-b)

Seclusion may only be imposed in rooms which:

Are of a size which is appropriate for the chronological and developmental age, size, and

behavior of the children placed in them.

Have a ceiling height that is comparable to the ceiling height of the other rooms in the

building in which they are located.

Are equipped with heating, cooling, ventilation, and lighting systems that are comparable

to the systems that are in use in the other rooms of the building in which they are located.

Are free of any object that poses a danger to the children being placed in the rooms.

Have doors which are either not equipped with locks, or are equipped with devices that

automatically disengage the lock in case of an emergency. An emergency includes, but is

not limited to:

o The need to provide direct and immediate medical attention to a child;

o Fire;

o The need to remove a child to a safe location during a building lockdown; or

o Other critical situations that may require immediate removal of a child from

seclusion to a safe location

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o Are equipped with unbreakable observation windows or equivalent devices to

allow the safe, direct, and uninterrupted observation of every part of the room.

Each use of seclusion shall be directly and continuously visually and auditorially monitored by a

person trained in the safe use of seclusion.

REPORTING REQUIREMENTS AND PARENTAL NOTIFICATION OF RESTRAINT

OR SECLUSION: (RSA 126-U:7, I-III, RSA 126-U:10, RSA 126-U:11)

Unless prohibited by court order, the Associate Dean of Students shall make reasonable efforts to

verbally notify the student’s parents/guardian and guardian ad litem whenever seclusion or

restraint has been used on their child. Such notification shall be made as soon as practicable and

in no event later than the time of the return of the child to the parent or guardian or the end of the

business day, whichever is earlier. Notification shall be made in a manner calculated to give the

parent or guardian actual notice of the incident at the earliest practicable time.

The Dean of Students will, within 5 business days after the occurrence, submit a written

notification/report to the Headmaster. The notification shall contain all requirements and

information as mandated by RSA 126-U:7, II. The Headmaster may develop a reporting form or

other documents necessary to satisfy these reporting requirements.

Unless prohibited by court order, the Headmaster shall, within 2 business days of receipt of the

notification required in the above paragraph, send by first class mail or electronic mail to the

student’s parent or guardian the information contained in the notification/report. Each

notification/report prepared under this section shall be retained by the school or facility for review

in accordance with rules adopted under RSA 541-A by the state board of education.

If a restraint lasts for more than 30 minutes, the notice must include documentation of the face-to-

face assessment that the restraint was conducted safely and for an authorized purpose.

In cases involving serious injury or death to a child subject to restraint or seclusion, the Academy

shall also notify the Commissioner of the Department of Education, the Attorney General, the

sending school district, and the Disabilities Rights Center.

Upon information that restraint or seclusion has been used for the first time upon a child with an

educational disability or who is receiving services under Section 504 of the Rehabilitation Act,

the Academy shall convene a Team meeting to review the individual educational program and/or

Section 504 plan and make such adjustments as are indicated to eliminate or reduce the future use

of restraint or seclusion. In addition, a parent or guardian of a child with a disability may request

such a review at any time following an instance of restraint or seclusion and such request shall be

granted if there have been multiple instances of restraint or seclusion since the last review.

INTENTIONAL PHYSICAL CONTACT (RSA 126-U:7, IV-VI)

Whenever an employee has intentional physical contact with a child which is in response to a

child’s aggression, misconduct, or disruptive behavior, the Associate Dean of Students or his/her

designee shall make reasonable efforts to promptly notify the child’s parent or guardian. Such

notification shall be made no later than the time of the return of the child to the parent or guardian

or the end of the business day, whichever is earlier. Notification shall be made in a manner

calculated to give the parent or guardian actual notice of the incident at the earliest practicable

time.

Notice is not required:

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When a child is escorted from an area by way of holding of the hand, wrist, arm,

shoulder, or back to induce the child to walk to a safe location. However, if the child

is actively combative, assaultive, or self-injurious while being escorted, notice is

required.

When actions are taken such as separating children from each other, inducing a child

to stand, or otherwise physically preparing a child to be escorted.

When the contact with the child is incidental or minor, such as for the purpose of

gaining a misbehaving child’s attention. However, blocking of a blow, forcible

release from a grasp, or other significant and intentional physical contact with a

disruptive or assaultive child is subject to the notice requirements.

When the incident involves restraint or seclusion.

In any case requiring notification, the Dean of Students or his/her designee shall, within 5

business days of the occurrence, prepare a written description of the incident. The description

shall include at least the following information:

a. The date and time of the incident;

b. A brief description of the actions of the child before, during, and after the occurrence.

c. The names of the persons involved in the occurrence.

d. A brief description of the actions of the Academy employees involved before, during,

and after the occurrence.

e. A description of any injuries sustained by, and any medical care administered to, the

child, employees, or others before, during, or after the incident.

The Headmaster may develop a reporting form or other documents necessary to satisfy these

reporting requirements.

RCVD 9/1/2016

G. Emergency Intervention Services:

In compliance with Ed 1114.08 All crisis or emergency intervention procedures that are agreed by the students IEP Team shall be included in the student’s IEP and shall comply with Ed 1114.07 and RSA 126-U:5.

H. Diploma & Graduation

PINKERTON ACADEMY DIPLOMA & GRADUATION INFO

Individualized Diploma

The Individualized Diploma is a certification of completion that is awarded to any

student attending Pinkerton Academy who has successfully completed 22 modified

credits. Students have the opportunity to access classes on modified content criteria for

modified credit or the student may have a blended program of credit courses and

modified credit courses. An individualized diploma does not meet the State of New

Hampshire requirement of 20 credits in specific areas as outlined by the State Minimum

Standards; however, it does verify that the student has successfully met the educational

requirements set forth in a plan developed by Pinkerton Academy. Students with

educational disabilities are eligible for special educational and related services until they

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have reached the age of 21 or earn a traditional diploma, whichever comes first, or until

the IEP team has determined that the student is no longer eligible for special education

and related services.

Certificate of Completion The Certificate of Completion will be awarded to special education students whose

disability substantially limits staff from being able to evaluate academic progress and

whose IEP Plan is to attend classes solely for social interaction and/or therapy needs. No

credits or modified credit are awarded and students are required to adhere to the

Academy’s attendance policy. A certificate of completion does not meet the State of New

Hampshire requirement for 20 credits in specific areas as outlined in the State Minimum

Standards; however, it does verify that the student has successfully met the educational

requirements set forth in a plan developed by Pinkerton Academy. See ED 306.27.

Students with educational disabilities are eligible for special educational and related

services until they either reach the age of 21 or earn a traditional diploma, whichever

comes first, or until the IEP or Section 504 team has determined that the student is no

longer eligible for special education and related services.

Graduation Ceremony Every student who meets the requirements for either an individualized diploma,

certificate of completion, traditional diploma, honors diploma, or adult diploma and who

is otherwise eligible to do such, shall be eligible to participate in one graduation

ceremony at Pinkerton Academy. Graduation will be the culminating event for students

who qualify for a diploma or certificate of completion. In the case of a student who

qualifies for an Individualized Diploma or a Certificate of Completion, the student may

select to participate in one graduation ceremony either at the end of their fourth complete

year of high school or a subsequent graduation ceremony at the Academy until the June

prior to the completion of the student’s IEP. A student not qualifying for a traditional/

honors diploma may remain at Pinkerton Academy until the student is 21 years of age or

earns a traditional diploma. Students may not participate in a second graduation

ceremony. Note: Courses taken for skill unit (Individualized Diploma) will be given a

letter grade on the student’s transcript.

Students with extended incompletes who, for medical reasons, cannot complete the work

by graduation day but have every expectation of completing missing work by August 15

of the graduation year, may participate in the Graduation Exercises if the Extended

Incomplete Graduation Ceremony Procedures are followed and the student’s petition is

approved. The procedure is available from either School Counseling or the Dean of

Studies and Instruction.

All students must return (or pay for) all books and materials and must have paid their

class dues for all years in order to participate in graduation. All students who participate

in Baccalaureate and/or Graduation exercises are required to comply with the dress code

that is distributed by the administration.

Students who transfer to Pinkerton as fifth-year students will need to take a minimum of

4 academic courses each semester and will need to pass at least 3 academic courses each

semester in order to be considered for participation in the graduation ceremony with the

Pinkerton graduating class.

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I. Physical Education Policy:

It is expected that all special education students will follow the participation policy unless

exceptions and/or modifications have been designated in the I.E.P. Students and parents

should be aware that a student may be removed from the class permanently if they exceed

5 unexcused days of class.

J. Modified Credit (Skill Unit):

A skill unit is a measurement of documented time spent in a class working on

individualized grading criteria that would not meet minimum curriculum standards.

All courses will be assigned a skill unit value such as .50 and 1.0. Each quarter a letter

grade will be assigned to assess progress made on the individualized grading criteria.

Students must adhere to the attendance policy unless there are special circumstances and

the student’s administrator approves an exception. Skill units may be applied only to the

Individualized Diploma.

The IEP team will determine if a course will be taken for modified credit. The team can

change to skill unit or back to credits during the first three weeks of class. A student may

have a blended program of courses for skill units and credits.

K. Adding, Dropping or Changing Classes:

In addition to the general policies outlined in the student handbook regarding course

changes, it is important to note that an addendum to a student’s I.E.P. is required to drop,

add, or change a student’s resource room or special class, because it is considered a

change of placement.

L. Confidentiality of Information & Annual Notice of Students and Parents of

Pinkerton Academy regarding their rights under the Family Education Rights and Privacy Act of 1974. Pinkerton Academy complies with 34 CFR 300.610-300.627, relative to confidentiality of information, including compliance with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232G, (FERPA) and its implementing regulations in 34 CFR Part 99. The federal Family Educational Rights and Privacy Act of 1974 (“FERPA”) (20 U.S.C. 1232g) and regulations adopted by the US Department of Education (34 CFR 99.1 et seq.) grant parents and students who are 18 years of age or older (“eligible students”) certain rights relative to the student’s education records maintained by Pinkerton Academy, Derry, NH.

However, if a parent/guardian still claims the eligible student as a dependent on the

IRS income tax forms, that parent retains the right to access to the student’s educational

records.

Rights under the Family Educational Rights and Privacy Act of 1974 include:

First, a parent or an eligible student, as is appropriate, may inspect and review the

education records of that student. Parents or eligible students should submit a written

request that identifies the records they wish to inspect; such requests should be submitted

to the Dean of Studies & Instruction. Pinkerton Academy will make the requested records

available to the parent or eligible student within 45 days of the date that Pinkerton

Academy received the request. The right to inspect and review educational records

includes the right to a response from Pinkerton Academy to a reasonable request for

explanations and interpretations of records, and the right to obtain copies of such records

upon payment of a copying fee. In accord with FERPA, the Academy maintains a record

of all requests for, and disclosures of information from, the student’s educational records.

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Second, parents or eligible students may ask Pinkerton Academy to amend a record

that they believe is inaccurate, misleading, or otherwise in violation of the student’s

privacy rights under FERPA. A parent or eligible student who wishes to amend a record

should write to the Dean of Students, clearly identifying the part of the record they want

changed, and specifying why it is inaccurate or misleading, or invades the privacy rights

of the student. If Pinkerton Academy decides not to amend the record as requested by the

parent or eligible student, the Academy will notify the parent or eligible student of the

decision and of their right to a hearing regarding the request for the amendment.

Additional information regarding the hearing procedures will be provided to the parent or

eligible student upon request, or when notified of the right to a hearing.

If, after a hearing, a parent or eligible student’s request to have a student’s education

records amended is denied, the parent or eligible student has the right to place a statement

in the student’s education records commenting on the contested information contained in

such records and/or setting forth their reasons for disagreeing with the decision of the

Academy.

Third, parents and eligible students have the right to provide written consent before

Pinkerton Academy discloses personally identifiable information from a student’s

education records, except to the extent that FERPA authorizes disclosure without

consent.

It is the policy of Pinkerton Academy to disclose, without consent, educational records,

including disciplinary records, upon request from officials of another school or school

system in which a student seeks or intends to enroll, or is already enrolled, if the

disclosure is for purposes of the student’s enrollment or transfer. Upon request, the

Academy shall give the parents or eligible student a copy of the records that were

disclosed, and, upon request, it shall give the parent or eligible student the opportunity for

a hearing in accord with FERPA and its implementing regulations.

One of the situations where information regarding a student may be released without

prior written consent is when the data consists of “directory information.” According to

the policy adopted by the Pinkerton Academy Board of Trustees, the following categories

of information are deemed to be “directory information”: a student’s name, address,

telephone number, date and place of birth, major field of study, participation in officially

recognized activities and sports, weight and height of members of athletic teams, dates of

attendance, degrees and awards received, the most recent previous educational agency or

institution attended by the student, electronic mail address, grade level, and student ID

number, user ID, or other unique personal identifier used to communicate in electronic

systems that cannot be used to access education records without a PIN, password, etc. (A

student’s social security number, in whole or in part, will not be used for this purpose and

will not constitute directory information.)

The primary purpose of directory information is to allow the Academy to include this

type of information in school media and external media (i.e., local newspapers, TV, radio

and websites). Examples of school media include:

A playbill, showing your student’s role in a drama production;

The annual yearbook;

Honor roll or other recognition lists;

Graduation programs;

Sports activity sheets

Website and social media

Directory information is information that is generally not considered harmful or an

invasion of privacy if released can also be disclosed to outside organizations without a

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parent’s prior written consent. Outside organizations include, but are not limited to,

companies that manufacture class rings or publish yearbooks. In addition, two federal

laws require local educational agencies (LEAs) receiving assistance under the Elementary

and Secondary Education Act of 1965 (ESEA), 20 U.S.C. § 7908 and 10 U.S.C. § 503(c),

to provide military recruiters, upon request, with the following information – names,

addresses and telephone listings – unless parents have advised the LEA that they do not

want their student’s information disclosed without their prior written consent.

If you do not want Pinkerton Academy to disclose directory information from your

child’s educational records without your prior written consent, you must notify the Dean

of Students in writing.

It is also the policy of the Academy that photographs and recordings (audio and/or

visual) of students shall be considered “directory information”, as long as the material is

used for the purpose of general news, sports, student participation, or student

accomplishment. Photographs (and related materials) are essential to the yearbook, the

course catalog, the student handbook, the alumni bulletin, and local media (for news and

sports). A parent of a student, or an eligible student, may request that any or all of these

categories of information not be designated “directory information” with respect to that

student. Such requests shall be written, dated, and addressed to the Dean of Students.

Such requests shall remain in effect until rescinded by the parent or eligible student.

In accord with FERPA, the Academy may also disclose education records, without

consent, to school officials with legitimate educational interests. A school official is: a

person employed by the Academy or the student’s Sending District as an administrator,

supervisor, instructor, or support staff member (including health or medical staff and law

enforcement personnel); a person serving on the Board of Trustees or School Board of

the Sending District; a volunteer, or person or company with whom the Academy has

contracted to perform an institutional service or function for which the Academy would

otherwise use its own employees and who is under the direct control of the school with

respect to the use and maintenance of the personally identifiable information from the

education records (such as an attorney, auditor, medical consultant, or therapist); or a

parent or student serving on an official committee, such as a disciplinary or grievance

committee; or a parent, student, or other volunteer assisting another school official in

performing their tasks. A school official has a legitimate educational interest if the

official needs to review an education record in order to fulfill their professional

responsibility.

Parents and eligible students have the right to file a complaint with the US Department

of Education concerning alleged failures by Pinkerton Academy to comply with the

requirements of FERPA. The name and address of the office that administers FERPA is:

Family Policy Compliance Office, US Department of Education, 400 Maryland Avenue,

SW, Washington, DC 20202-4605.

Upon request, this notice shall be made available in an alternate format or another

language.

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M. Release of Information - Transfer of Records:

Written parental/guardian or adult student permission must be obtained for special

education records to be released. This does not include directory information or other

documents as described in the student handbook. Sending school districts and Pinkerton

Academy forward all educational records as necessary for educational evaluation,

programming and placement purposes unless otherwise requested in writing by the

parent/guardian or the adult student.

When the transfer of records is requested with a signed release, the registrar’s office

forwards a copy of the student’s transcript and health records to the special education

office. Pertinent materials from the student’s file are copied. These include the I.E.P.,

testing data, student grade reports and registration. These are forwarded to the student’s

new school. A copy of the release of information form is placed in the student’s C-File

and the date the material is sent is recorded. Pinkerton Academy will then send file to last

school district they lived in while attending Pinkerton Academy.

N. Athletic Eligibility:

In order to participate in NHIAA athletic events, a student must have passed a minimum

of four (4) courses, (2-credit vocational courses count as 2 of the 4) during the previous

marking period, and must meet all other requirements of the NHIAA. Educationally

Disabled students and/or their parents should contact the Athletic Director at

437-5200 ext. 2115 for NHIAA eligibility requirements, to which Pinkerton Academy

subscribes.

O. Exploration Classes:

In addition to the various special education programs, Pinkerton Academy offers

Exploration Courses. These courses are modified in that they recognize different rates

and styles of learning. These classes are taught by regular education teachers with support

of a floating learning specialist and/or a paraeducator. Placement in Exploratory courses

for incoming freshmen requires the approval of the Special Education Director, all other

students must have the approval of the department head that the department the course

falls under. Exploratory courses are open to non special education students, with

permission of the special education director or department head. Teachers of the

exploratory classes are provided support from the special education department and they

meet frequently to share ideas.

P. Entrance Criteria:

Primarily for LD and Speech Language disabled students who need a great deal of

modified curriculum and a significant amount of individualized instruction. Students

need to have appropriate behavior and should not have a record of in-school or out of

school suspension during the last year. Good attendance is an important part of success

and students should not have more than 10 unexcused absences during the previous year.

Previous academic subject teacher will fill out the Exploratory Recommendation form

prior to students annual staffing and/or course sign ups. This information will be

reviewed at the annual staffing. Enrollment in this course must be approved by the

subject area department head. Incoming students will need approval from special

education director.

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Repeat students will not be allowed back automatically into the course. Students

requesting to repeat an Explorations course must meet with parent, teacher, department

head, case coordinator and Special Education Director.

If it is agreed the student should be able to repeat the class, then the student and parent

will need to sign an agreement of what the expectations will be and the student will be

removed from the class if those expectations are not met.

Q. Exit Criteria:

Follow same out of class procedures used for all classes. On third time removed from

class, the meeting should include student, parent, teacher, department head, special

education director and case coordinator.

The following Exploratory classes are offered:

Exploration in Number Concepts

Exploration in Pre-Algebra

Exploration in Algebra I

Exploration in Physical Science I & II

Exploration in Economics

Exploration in English 9 & 10

Exploration in American Government

Exploration in Cultural Geography

Exploration in United States History

Explorations in Practical Math for the Consumer

R. Counseling:

School Counselors are available to all students. In some cases the IEP team may

determine it necessary to have IEP driven counseling. Group counseling sessions are

developed throughout the year based on demand of specific themes. Individual

counseling sessions can focus on personal issues relating to family, peers, other

relationships, future goals, career planning and school related issues. Special education

students who are experiencing a “crisis” should report to the guidance department and a

counselor will see them. ACT & PASSES have their own counselors for students in these

programs.

S. Reading:

Reading instruction for remediation and compensation is available to special education

students upon recommendation of the student’s team. The following courses are available

to students. Usually students take them in their freshman and sophomore year. Students

who sign up for these classes should be motivated and committed to work on

improving their reading skills. These courses may be available to non-disabled students

on a space available basis and with permission from the Director of Special Education.

Reading in The Content I & II - This course is designed to teach reading comprehension

strategies to students who are significantly below reading grade level. It incorporates a

variety of modes and questioning techniques through which students can gain greater

understanding of what they have read.

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Reading Efficiency - This full year, double period course is designed to teach decoding

techniques to students who are significantly below reading grade level. A number of

phonics-based approaches are used, along with frequent oral reading to improve

automaticity and fluency. Students are expected to apply their improved decoding skills

through selection of independent reading assignments.

T. Speech and Language Services:

The focus of the speech language program is to teach students to be able to use language

in the spoken and written form to communicate effectively. Services are provided

primarily through consultation provided to special needs staff and classroom counselors.

Some small group instruction is done based on team recommendations.

In addition, the department uses a variety of web based reading programs that Case

Coordinators can use to assist students with Reading goals.

In addition, we offer Personal Communications Enrichment I and II, in an effort to

provide students with an intensive social pragmatics program so they will be better

prepared to transfer these skills in real life settings.

U. Transition Plans:

Transition planning is required for each student with a disability at age 14 (or younger, if

determined by the I.E.P. team), and updated annually, a statement of the transition service

needs of the student under the applicable components of the student’s I.E.P. that focuses

on the student’s courses of study.

For each student beginning at age 16 (or younger, if determined appropriate by the I.E.P.

team), a statement of needed transition services for the student, including, if appropriate,

a statement of interagency responsibilities or any linkages.

V. Autism Spectrum Disorders:

Pinkerton Academy does not have a specific program for students with ASD, but has

successfully utilized all 3 programs to develop individual plans for students, by blending

programs. Pinkerton Academy completed a year long self-review of our services and we

have an ASD Specialist on staff to provide supports to students and staff.

W. Standard Operating Procedures for Pinkerton Student WI-FI Connections

Pinkerton Academy currently offers wireless network access across 99% of the campus buildings. We

have taken careful steps to ensure the safety of all end users. Today, Pinkerton has one of the highest

capacity internet circuits for schools in New England.

- There are specific wireless access groups designed for guests, students, faculty, and administrative

personnel. Each wireless group grants a specific level of access to internal and external network

resources.

- We have deployed real-time internet filtering and content oversight with the assistance of 2 high-

capacity firewalls, and best of breed content management software. Any user logged into the

Pinkerton Domain is considered a monitored device. Any device placed on a network other than guest,

is a managed device. A managed device is under Pinkerton IT control. This complies with IT security

best practices, and specific rules such as the Children's Internet Protection Act (CIPA, enacted

December 21, 2000) which requires recipients of federal technology funds to comply with certain

Internet filtering and policy requirements.

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- Non-Pinkerton devices are allowed on the guest wireless network group. This will provide for

standard Internet access. The Pinkerton IT Department is not responsible for managing or supporting

devices that have access to the guest network. Pinkerton IT reserves the right to change this "open"

guest network policy when necessary. The guest network should not be viewed as a guaranteed

service for day to day work requirements. Any request for a non-Pinkerton owned (personal, sending

school districts, etc) devices to gain access to the student, faculty, or administrative support wireless

access groups should be submitted via email by the Department Head in question to Pinkerton's

Technology Director with a statement of academic justification.

X. College Placement:

Special needs students planning to attend college should follow the same procedures

outlined in the Pinkerton Academy’s College Admissions Handbook (i.e. release form,

faculty recommendations, student data form, etc.), but should also be aware of certain

services.

In selecting a college, it would be to the student’s advantage to contact their counselor to

discuss support services, adaptations, special programs and modifications available that

best service individual needs. Though a student’s disability is confidential we highly

recommend you share this information with the colleges of interest. The student should

consider the value of being able to clearly describe his/her disability and the

modifications that have best helped at the high school level.

Also, check for certain requirements and inquire if they are willing to waive requirements

in light of a specific disability. (i.e. foreign language for a severe speech and language

disability).

Y. SAT & PSAT for Students with Disabilities

Any student with a disability who seeks accommodations on the SAT or PSAT for results

to be considered for college should review the guidelines found in the SAT Registration

Booklet or visit the website at www.collegeboard.com/ssd. This process should begin in

a student’s freshman or sophomore year.

The College Board has set its own criteria for determining whether a student qualifies for

accommodations. An application must be completed and submitted to the College Board

to determine a student's eligibility. If, after reviewing the guidelines, you believe you

qualify, see your School Counselor or Case Coordinator right away to start the

process. The deadlines to qualify for accommodations are generally 7 weeks prior to the

test date. All deadlines are posted on the website.

SAT is also currently being used as a State High School 11th

Grade exam. This can be

used for college if you go through the College Board Approval Process.

No student should discard the dream of higher education and advancement due to a

disability. Students should explore the excellent programs and services offered at the

colleges, universities and technical schools of their choice.

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Z. COLLEGE ADMISSION SERVICES FOR THE SPECIAL NEEDS

STUDENT

The college bound students who receive support services through the Special Education

Department either for an identified learning disability or a documented disability should

adhere to the same procedures and policies governing all college bound students,

regardless of their educational program at Pinkerton Academy. The various forms that

are used to request Faculty Recommendations, to complete a personalized Student Data

Form, and to request that supporting documents are forwarded to colleges and

universities are available to all college bound students through the School Counseling

Department and in the Career Guidance Center. (All applications are sent by the

student). The only exception with regards to paperwork for college bound special

education students is that they must obtain the Release of Information Form directly

from their Counselor/College Advisor. Special needs students and their families

should plan to attend all of the workshops offered through the School Counseling

Department on college admissions and financial aid, and college visitations.

Post-secondary education opportunities and support services are continually expanding

for students with documented special needs. Many colleges and universities provide

resource/learning centers, tutorial services, computer-aided instruction, etc., but these

services vary widely from college to college. There are major differences in both the

types of services, which these colleges provide, and the ways in which students must

access these services.

Please be advised that the special education law, which protects the rights of identified

students, and provides services to them at the elementary and secondary school level,

does not apply to higher education. Under the Individuals with Disabilities Education Act

(IDEA) which regulates and protects the rights of students with disabilities, the high

school is responsible for identifying students with special needs, for providing all

necessary assessments, and for monitoring the provision of services. However, IDEA

does not apply to higher education.

Colleges and universities do not offer “special” education. However, another law, Section

504 of the 1973 Rehabilitation Act and the Americans with Disabilities Act (ADA)

prohibits discrimination on the basis of a handicap throughout the life span of individuals

with disabilities, and assures accessibility of programs receiving federal financial

assistance. Post-secondary institutions are required to provide accommodative services

so that qualified students with disabilities will have equal access to the regular academic

program. After equal access is provided, the student is responsible for his/her own

success. The types of support available at each college and university vary considerably.

Decisions regarding the exact accommodations to be provided are made on an individual

basis and the students are advised to meet with the coordinator of special services at each

prospective institution to see if their own needs can be addressed at that particular

college. It is also important to note that post-secondary institutions are not obliged to

alter their requirements for either admission or for graduation, but some colleges will

provide waivers or substitutions for certain courses based upon supportive testing and

secondary school documentation.

At the collegiate level, students who have documented special needs are responsible for

self-identifying and providing documentation of their disability. It is, therefore,

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recommended that high school students become knowledgeable about their own

Individualized Education Plan (IEP), diagnostic testing reports and transition plan.

Students should be able to comfortably articulate their learning strengths, weaknesses,

and accommodative needs. They must also be able to effectively advocate for themselves

and be able to communicate their needs to professors and other college personnel.

APPLICATION AND DISCLOSURE

At Pinkerton Academy, we strongly encourage special education students with

documented disabilities to disclose this information to colleges and universities.

However, this is an individual decision which students and their parents must address

together. Information regarding disclosure is protected under the Family Educational

Rights and Privacy Act (FERPA). FERPA rights affect all colleges and universities that

receive federal funds.

Disclosure of a learning disability may help to explain specific discrepancies, which are

sometimes noted, on the transcripts of special needs students. For example, a student

with a learning disability may present a transcript with high grades and low SAT I scores,

or vice versa. If the College Admission Committee is not aware that a learning disability

exists, the student may be denied admission. Learning disabled students may also need

accommodative services at the collegiate level. Colleges and universities will not

provide any accommodations until a student takes the following two steps: 1) “Self

Identification”; 2) Provide documentation of his or her disability.

Students can disclose documentation of a disability through the application process and

the Release of Information Form. Special needs students are also encouraged to bring a

copy of their IEP and unofficial high school transcript to college interviews with

admission officers and/or coordinators of support services. These valuable pieces of

information can provide insight and help to determine the colleges’ ability to provide

appropriate support services. This issue is critical in identifying which college(s) seem to

be the best “fit”.

Students with questions and concerns about the college admission process should contact

their Counselor in the Guidance Office.

MAJOR DIFFERENCES BETWEEN HIGH SCHOOL AND POST-SECONDARY

SUPPORT SERVICES

HIGH SCHOOL COLLEGE

1. IDEA applies at the elementary and 1. Section 504 and the ADA applies

high school level. It is a federal at the post-secondary level.

financing statute that mandates a

public education for every child

regardless of the existence of the

severity of the disability.

2. The school district is responsible for 2. The student is responsible to self-

identifying students with disabilities, identify and provide the necessary

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and providing all of the necessary supportive documentation and

assessments. assessments.

3. Course and program selections are 3. Students are aware of their own

based on students’ strengths and strengths and weaknesses, and plan

weaknesses, as determined by the their programs and courses

specialists and the evaluation team. accordingly.

4. Case coordinators monitor the IEP, 4. Students discuss their disabilities

and serve as liaisons between students, and advocate for their needs and

parents and faculty. modifications with college

instructors.

5. IEPs must be adhered to. Compliance 5. Services are not automatic. If

and student progress is evaluated by there is an IEP or similar docu-

the school and the school district. ment, it is monitored by the

student.

EXAMPLES OF POSSIBLE COLLEGE MODIFICATIONS AND SERVICES

1. TUTORING – peer, graduate students, etc.

2. LEARNING/RESOURCE CENTERS – assistance with study skills, computer-

aided instruction, taped textbooks.

3. COURSE MODIFICATIONS – extended time on tests, the use of tape recorders

or readers for lectures, alternate test formats, note takers, preferential seating.

4. PROGRAM MODIFICATIONS – reduced course loads, summer courses, course

substitutions, course waivers.

5. CAREER/ACADEMIC/PERSONAL COUNSELING - interest inventories,

monitoring academic progress, group and individualized support, career planning,

placement services, development of an individualized support plan, program

planning.

PLEASE NOTE: Some colleges charge an additional fee for various services. They are

not required by law to provide aides, services, or devices for personal use or study, but

must provide “reasonable” modifications, accommodations, or auxiliary aids in order to

provide “equal access”.

AA. MILITARY SERVICE- students interested in military service careers should

check with recruiters and/or ROTC instructors on health requirements. These may

include but not limited to medication needs, physical, anxiety, mood, personality,

conduct and behavioral disorders.

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BB. TUTORING POLICY-

If a student is absent for an acute period of time, over 10 days, students may qualify

for tutoring and teachers can provide direct instruction during their regularly

scheduled after-school time with arrangements made between teacher and student.

There are other natural supports for students to make up work such as Math Lab,

Writing Center, or the Directed Study Hall.

Families of special education students should contact their students’ case coordinator

to see if the IEP team feels that tutoring is needed. All other families, including

families of students under Section 504, should contact the appropriate school

counselor. In the event of an illness or accident that prevents a student from attending

school for an extended period of up to 25 days (medically excused or unexcused) for

a semester course and 35 (medically excused or unexcused) days for a year-long

course (consecutive or sporadic), the Academy will attempt to

provide tutoring during the period of absence. Parents may request tutoring by

providing a doctor’s note or other appropriate documentation to the Director of

School Counseling or the IEP Team. Tutoring, however, is designed to bridge the gap

between when the student leaves and when the student returns to school. Parents and

students need to be aware that long-term tutoring cannot replace the experience and

knowledge gained from actually being in a classroom with other students. Pinkerton

Academy is unable to guarantee direct instruction by a highly qualified teacher

outside of the classroom. Long-term absences may have a negative impact on a

student’s performance and grade because it is impossible to give the student

adequate instruction and feedback. It is virtually impossible for a student to complete

course requirements through an extended involvement in tutoring. Scholastic

demands are designed and requirements are set based on each student’s in-school

participation and involvement. Tutoring cannot cover certain courses requiring

laboratories or extensive participation in class. Under these circumstances, classes

have to be dropped and taken at a later time. In order to provide FAPE (Free

Appropriate Public Education), Pinkerton Academy abides by an attendance policy

that recognizes that attending school on a regular basis is an important element to

ensure the “Appropriateness” of a student’s education. Direct instruction in each of

the curriculum areas must be provided by a Highly Qualified Teacher. Reducing the

amount of the direct instruction reduces the curriculum and essential learnings and

experiences cannot be ensured when students are not present. We recognize that in

some cases, highly-qualified teachers may be available to tutor. Even in those cases,

all parties must agree to a plan indicating how the effective implementation of the

Pinkerton curriculum will be facilitated. There should be communication and

coordination with the regular classroom teacher with regard to assessment practices.

If a student’s illness requires more than 25 days absence in a semester course or 35

days absence in a year-long course, the course will be withdrawn from the

student’s schedule after a meeting. At the meeting the team will develop a plan for

future learning. The student may enroll in the course when it is again offered at

Pinkerton Academy or complete the course by other approved means, including

VLACS. Parents and adult students may file a request for override of this policy for a

student to remain in a semester course with more than 25 days absence or a year-long

course with more than 35 days absence. This override requires the signature of the

course instructor for students who are able to maintain the integrity of the curriculum

with tutoring and correspondence with the teacher. Approval by the Dean of Studies

and Instruction and Headmaster will be required. A long-term illness or other

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potential disability may qualify a student for an educational plan of services under

Section 504 or IDEA. In the event a Section 504 or IEP Team determines that the

only manner in which it is able to provide equal opportunity is through extended

tutoring, it may file a request for an override of this policy, indicating why the Team

has determined that there are no other reasonable accommodations that will allow the

student to access the same programming offered to nondisabled students.