(a) The continuing IDEA Part “”B”” eligibility documents for Special Education will ensure that all children residing on Guam, including children with disabilities attending private schools, regardless of the severity of their disabilities, and who are in need of special education and related services, are identified, located and evaluated, and a practical method is developed and implemented to determine which children with disabilities are currently receiving needed special education and related services. This also applies to highly mobile children with disabilities (such as migrant and homeless children, and wards of the government) and children suspected of being a child with a disability, as defined in this Act, and in need of special education, even though they are advancing from grade to grade. The policies and procedures for referral, evaluation, eligibility, or placement and the provision of FAPE shall be established by the Board through required continuing eligibility documents under Part “”B”” of IDEA, and its amendments, and the Handbook for the Delivery of Special Education services.

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17 Guam Code Ann. EDUCATION
CH. 9 EDUCATION & TRAINING FACILITIES AND OPPORTUNITIES FOR THE HANDICAPPED

(b) Referral. Pursuant to IDEA, children suspected of having a disability and who are in need of special education and related services are to be referred for an evaluation.

(c) In any procedure related to the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child, the Department of Education shall comply with those procedures stated in IDEA, its amendments, and implementing regulations. These include evaluation procedures, the development and implementation of an Individualized Education Program (IEP), determination of placement in the least restrictive environment, and the provision of a free appropriate public education.

(d) For individuals with disabilities from birth through age two (2), an
Individualized Family Services Plan will:

(1) be developed by a multidisciplinary team (involved in the provision of early intervention services), including the parents;

(2) be based on a multidisciplinary assessment of the unique strengths and needs of the infant or toddler, and the identification of services appropriate to meet such needs; and

(3) be based on a family-directed assessment of the resources, priorities, and concerns of the family, and the identification of the support and services necessary to enhance the family’s capacity to meet the developmental needs of the infant or toddler with a disability.