Special Education

Boy with Down Syndrome and his teacher smiling

In this section you will find information about our Special Education Programs.

Questions about Special Services should first be directed to your child's teacher or building principal. Additionally, your school's Special Services coordinator can be a helpful resource.

Executive Director of Special Services Anjanette Tolman.
Assistant Director of Special Services Judy Martin.
Assistant Director of Special Services Ashley Niedzwiecki

For special education document requests, please email the special education records desk.

Address: 14090 Black Bob Road, Olathe, KS 66062
Phone: 913-780-7006
FAX: 913-780-8209
Office hours: 8 a.m.-5 p.m. Monday-Thursday; 8 a.m.-4:30 p.m. Friday

Early childhood special education and speech-language pathologists:
Special Services Coordinator: Sarah Spurlock.

Post-secondary and transition:
Special Services Transition Coordinator Amanda Honaker.

Overview of Disability Law

In the United States, three pieces of legislation protect the rights of individuals with disabilities

Individuals with Disabilities Act (IDEA)

As amended by the United States Congress in 2004

IDEA is a federally-funded statute that requires a free and appropriate public education for students who meet eligibility in one or more of the 13 federal disability definitions. The act has provisions for evaluation, placement, and an individualized education plan (IEP) for eligible students who require specially designed instruction provided by special education certified personnel. Procedural safeguards for parents and the school district are a component of this act. The IDEA is enforced by the U.S. Office of Special Education Programs (OSEP) and monitored locally by the Kansas Department of Education.

For more information, contact the district's Special Services Department, 913-780-7006.

Section 504 of the Rehabilitation Act of 1973

As amended by the United States Congress

Section 504 is a civil right law (not a special education law) that protects the rights of individuals with disabilities in programs and activities that receive federal financial assistance. This law requires that the district provide written assurances of non-discrimination, designate a district-level 504 coordinator (the executive director of Special Services), provide non-discrimination notice to students and parents, identify and locate qualified children with disabilities, and provide parents or guardians with procedural safeguards and grievance procedures.

The definition of a disability under Section 504 is broadly expressed as a physical or mental condition that substantially limits a major life activity. Eligible students will require a Section 504 Accommodation Plan for access in general education, not special education.

For more information:

Assistant Director of Special Services Ashley Niedzwiecki, 913-780-7006

Americans with Disabilities Act (ADA) 1990

Special Education Eligibility

Special education services are support services for students with an exceptionality. In order for a student to be eligible for special education services, the student must first be determined to have an exceptionality and need specialized instruction.

Child find is an ongoing process that school staff use to locate and identify students who may need special services. In Kansas, child find for preschool-aged students 3 to 5 years of age is called screening. Screening may consist of observations, interviews, and assessments that would identify a disability or a developmental delay.

For children in kindergarten through 12th grade, child find is accomplished through general education interventions. Child find is a first step in the district’s efforts for early intervention to meet the needs of students based on their response to intervention. After a student has been identified as needing additional support from the classroom teacher to meet expectations, supplemental intensified instruction is attempted to help the student learn. The teacher keeps track of student progress. If the teacher, parent or someone else in the school decides a child needs additional support, a team meets to consider the student’s needs in the area of concern.

The purpose of general education interventions is to see to what extent adjustments or changes need to be made to the general education curriculum and/or environment in order for the student to be successful. The student’s educational team works together to identify the appropriate academic or behavioral interventions, implement the interventions, and assess the results of the intervention. If the interventions are beyond what could be provided by general education and require specialized instruction, the team would refer the student for an initial special education evaluation.

An evaluation must assess the student’s needs in all areas related to the suspected area of exceptionality. In the initial evaluation information is collected to:

decide if the student has an exceptionality based on eligibility criteria set by the Kansas Department of Education;
decide if special education services are needed for the student to benefit from his/her education program;
identify the student’s individual educational strengths and needs and to provide a basis for appropriate intervention.

The team determines if the student is eligible for services using the following components:

the student must have an exceptionality; and
the student must have a need for special education services.

Parents are given a copy of an evaluation report that documents the team’s decision regarding eligibility and the reasons for that decision. If the student is determined eligible and in need of services, an Individualized Education Program (IEP) is developed and special education can begin.

Source: Kansas State Department of Education: Guide to Special Education (www.ksde.org)

Areas of Exceptionality

State and federal regulations have been established to define children with exceptionalities. A child with an exceptionality means a child evaluated in accordance with the federal and/or state regulations as having:

Autism
Deaf / blind
Developmental delay
Emotional disability
Giftedness
Hearing impairment including deafness
Intellectual disability
Orthopedic impairment
Other health impairments
Specific learning disabilities
Speech or language impairment
Traumatic brain injury
Visual impairment, including blindness

If it is determined through an appropriate evaluation that a child has one of the exceptionalities identified above, but only needs a related service and not special education, the child is not a child with a disability under the Individuals with Disabilities Education Act (IDEA) regulations. The listing of disability terms with definitions from IDEA can be found on the Center for Parent Information and Resources website.

Public Notice about Developmental Screenings

The Olathe Public Schools provide a free appropriate public education (FAPE) to all exceptional students residing within school district boundaries. This includes special education and related services provided in accordance with the Individuals with Disabilities Education Act (IDEA) and state laws for all students with exceptionalities (0-21 years of age). Services are provided in each child's neighborhood school when possible.

The Olathe Public Schools offer developmental screening for children from birth to age 5. If you live in the Olathe district boundaries and have a child from birth to age 5 and you have concerns about his or her development, please call Heartland Early Childhood Learning Center at 913-780-7410 if you live west of I-35 or Harmony Early Childhood Learning Center at 913-780-7015 if your residence is east of I-35 to set up an appointment for screening.

There are other rights, which by federal and state laws are afforded to you and your exceptional child. A copy of these rights may be obtained free of charge by contacting the address or phone number below.

If you have a child who you feel may be in need of special education service(s), please contact your child’s building principal or Olathe Public Schools Special Services, 14090 Black Bob Road, Olathe, KS 66062 — phone 913-780-7006.

Extended School Year (ESY)

When the Individual Education Program (IEP) is developed initially or reviewed annually, the IEP team considers the need for extended school year (ESY) services for students with disabilities (not gifted). Extended school year services are different from summer school and may or may not be provided in conjunction with the general education summer school.

ESY is an extension of the school term and is designed for the purpose of addressing the individual needs of students whose education will be "significantly" jeopardized if the student is not provided an extended educational program during the summer break. An ESY program is not intended to replicate the traditional school day and students' experiences during the fall and spring semesters of a school year. For questions regarding ESY, please contact your student's building IEP case manager.

Students who do not meet eligibility for ESY services (education would not be "significantly" jeopardized) may enroll independent of the IEP in the district's general education summer school program to the extent that the program is appropriate. For more information on the district's general education summer school program, visit its web page on this site (in Schools / Summer School) or contact the school principal.

Parents' Rights in Special Education

Gifted Services

Olathe Public Schools is committed to meeting the needs of all high-achieving learners, including students identified as gifted. In Kansas, “gifted” is recognized as an exceptionality under special education law, which means students receive services through an Individualized Education Program (IEP) designed to meet their advanced learning needs.

Our mission is to provide an engaging, challenging, and supportive learning environment that nurtures the intellectual, social, and emotional growth of gifted students so they may reach their full potential.

For questions about gifted education services in Olathe Public Schools, please call 913-780-7345 or email Andrew Heinicke.

Kansas Definition of Giftedness

According to Kansas Administrative Regulations (K.A.R. 91-40-1(kk)):

“Gifted” means performing, or demonstrating the potential for performing, at significantly higher levels of accomplishment in one or more domains when compared with others of similar age, experience, and environment. An exceptional child who is gifted is one who requires special education services in order to develop those capabilities

Identification and Eligibility

Students may be referred for gifted evaluation by teachers, parents/guardians, or other school personnel. The identification process includes:

General Education Intervention (MTSS)
Review of academic achievement and classroom performance
Standardized assessments (e.g., cognitive ability, problem solving, creativity)
Teacher and parent input
Classroom Observations
Consideration of social-emotional and behavioral factors

Eligibility is determined by a multidisciplinary team, including parents, in alignment with Kansas Regulations.

KSDE SPED Eligibility Indicators

MTSS and Enrichment Interventions

Olathe Public Schools is committed to ensuring that all students receive the right level of challenge and support through a Multi-Tiered System of Supports (MTSS). While MTSS is sometimes perceived as only providing interventions for students who are struggling, in Olathe it also includes enrichment opportunities for students who demonstrate advanced learning needs.

How MTSS Enrichment Works in Olathe:

Tier 1 (Core Instruction): All students receive high-quality, standards-based instruction. Classroom teachers differentiate lessons, assignments, and assessments to add depth, complexity, and rigor for students who are ready to move beyond grade-level expectations.
Tier 2 (Targeted Enrichment): Students who demonstrate readiness for more challenge in specific content areas may participate in small-group enrichment opportunities, pushing students to higher Depth of Knowledge, or real-world application and problem-solving. These supports are typically provided within the classroom and coordinated by the general education teacher.
Tier 3 (Intensive Enrichment): Students with consistently advanced needs may receive individualized enrichment interventions beyond the core curriculum. This may include extended projects, independent study, or acceleration opportunities. Tier 3 is still a general education intervention, not special education.

Gifted Services and MTSS:
Students formally identified as gifted under Kansas special education law receive services through an Individualized Education Program (IEP). Gifted services are provided in addition to MTSS supports and are not part of the MTSS tiered structure

Services for Gifted Students in Olathe

Gifted education in Olathe is individualized and designed to extend beyond the regular curriculum. Services may include:

Individualized Education Programs (IEPs): Developed for each gifted student to address unique strengths, interests, and learning needs.
Differentiated Instruction: Enrichment opportunities within the general education classroom.
Pull-Out Services: Small group instruction with gifted teachers focusing on problem solving, critical thinking, creativity, and leadership. Services are individualized to the student’s unique needs.
Social-Emotional Support: Guidance in managing perfectionism, resilience, and peer relationships.

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