What is a SELPA?

A Special Education Local Plan Area (SELPA) collaborates with county agencies and school LEAs to develop and maintain healthy and enriching environments in which special needs students and families can live and succeed.

SELPAs are dedicated to the belief that all students can learn and that special needs students must be guaranteed equal opportunity to become contributing members of society. SELPAs facilitate high quality educational programs and services for special needs students and training for parents and educators. Similar to school LEAs, SELPAs provide local control and accountability to provide all of the special education assurances set forth in federal law.  

Some of the major areas covered by state and federal laws are the following:

• Child Find - Each public school system is responsible to find children with disabilities in its area
• Free Appropriate Public Education (FAPE) - Each public school system is responsible for ensuring that each child with disabilities is served appropriately, at no expense to the parent
• Least Restrictive Environment (LRE) - Each child is assured of his/her right of education with non-disabled peers to the maximum extent appropriate to the needs of both
• Due Process - The right of parent participation, and challenge, in all aspects of assessment, identification and placement is assured; involves mediation or administrative hearing procedures and complaint procedure in case of disputes
• Individualized Educational Planning (IEP) - The right of a child to an educational program designed to meet his/her individual needs and based on adequate assessment is assured. By age 16 this also includes the development of an Individual Transition Plan (ITP) to provide for transition into the world of work and post secondary planning.

Lake County SELPA

Vision Statement

At the Lake County SELPA our vision is to be an advocate for excellence in Special Education programming and services. Our dedication extends to supporting Lake County Local Education Agencies in achieving compliance and building their capacity to meet the unique needs of every learner.

Mission Statement

Through our five foundational pillars, DEVELOPING, BUILDING, PROVIDING, FACILITATING and PARTICIPATING, we are committed to continuous improvement, ensuring that every student with unique needs receives the highest quality education in the least restrictive environment. Together, with the Local Education Agencies, we strive to provide opportunities to empower every student to reach their full potential.

Lake County SELPA Pillars of Support

• Developing

  • SELPA Local Plan
  • Lake County SELPA Policy & Procedures
  • Resources & Tools
  • Compliance Monitoring systems
  • Dispute Prevention/ Alternative Dispute to Resolution (ADR)

• Building

  • Continuum of special education programming and services
  • Use of Evidence Based Practices (EBPs)
  • Capacity and Systems of support to county-wide staff

• Providing

  • Annual program review of special education settings and services

  • Low Incidence Services
  • Fiscal support and monitoring
  • Compliance updates
  • State and Federal legislative updates
  • Community Advisory Committee (CAC)
  • Community partnerships & resources

• Facilitating

  • Equity, Disproportionality & Inclusion

  • Professional Learning

  • Grant & Fiscal oversight

• Participating

  • Local Control Accountability Plan (LCAP)

  • Differentiated Assistance (DA)

  • Compliance and Improvement Monitoring (CIM)

Lake County SELPA Programming

The Lake County Special Education Local Plan Area (SELPA) is a multi-district SELPA, comprising six Local Education Agencies (LEAs) and the Lake County Office of Education (LCOE) within the geographic area of Lake County. Together these education agencies have joined in a cooperative plan to provide special education services for individuals with disabilities, birth through age 21, who are enrolled in LEAs in Lake County.

Lake County SELPA serves all seven LEAs in Lake County with a range of services and programming. The Lake County SELPA agency includes an Executive Director, Program Specialist staff, WorkAbility Employment Specialist, Administrative Assistant and Budget Analyst.

For more information about the Lake County SELPA, review the Lake County SELPA Local Plan on the Lake County Office of Education website, SELPA page.

Superintendents’ Governance Council (GC) 

The Superintendent's Governance Council oversees the activities of the SELPA by developing fiscal and operational policies, procedures and agreements on matters regarding implementation, administration and coordination of special education programs in accordance with state and federal requirements. The Superintendent of each participating LEA shall be responsible for special education programs operated by their respective LEA and for implementing all duties and responsibilities of the Local Plan, ensuring compliance under EC 56205(a)(12)(A)(D)(ii)(IV).

Community Advisory Committee (CAC)

The Community Advisory Committee (CAC) is composed of volunteer parent representatives of students with disabilities enrolled in a participating LEA. Representatives are appointed by LEA governing boards to participate in an advisory capacity to their LEA's Superintendent regarding provision of services, annual priorities, Local Plan development and approval, parent education and support, and other related special education activities. The active participation of each committee member meets the mandate of informed parent-community involvement between those who provide special education programs and services and those who receive special education services as, EC Article 7 [56190-56194].

Governance Council Advisory Council (GCAC) 

The Governance Council Advisory Committee (GCAC) is appointed by the Superintendent's Governance Council and is composed of the special education director, or other designee, of each participating education agency. The Senior Director of SELPA serves as chairperson of the GCAC and is responsible for preparing agendas, scheduling and conducting meetings and preparing support documents, as appropriate, for each meeting.

Individuals with Disabilities Education Act (IDEA)

The Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education to eligible children with disabilities throughout the nation and ensures special education and related services to those children.

The IDEA governs how states and public agencies provide early intervention, special education, and related services to more than 8 million (as of school year 2022-23) eligible infants, toddlers, children, and youth with disabilities.

Infants and toddlers, birth through age 21, with disabilities and their families receive early intervention services under IDEA Part C. Children and youth ages 3 through 21 receive special education and related services under IDEA Part B.

Local Compliance Assurances

It shall be the policy of this SELPA that the local plan shall be adopted by the appropriate local board(s) (district/county) and is the basis for the operation and administration of special education programs, and that the agency(ies) herein represented will meet all applicable requirements of state and federal laws and-regulations, including compliance with the IDEA; the Federal Rehabilitation Act of 1973, Section 504 of Public Law; and the provisions of the California EC, Part 30.

3.1 Child Find and Referral Procedures

The Individuals with Disabilities Education Improvement Act (IDEA) (20 U.S.C. § 1400 et. seq) and California Education Code §56301 require every local educational agency (LEA) to identify, locate, and evaluate students enrolled with known or suspected disabilities to determine whether a need for special education and related services exists. LEAs are obligated to develop and implement a plan to locate all IDEA-eligible students, including but not limited to students who are homeless or wards of the state. The process an LEA develops to locate and identify students with disabilities is known as Child Find.

Child find activities are the responsibility of each LEA and occur prior to a referral for special education services.  These activities are designed to locate individuals, birth through 21 years of age, including children not enrolled in public school programs as well as children who are homeless or wards of the state and reside in the LEAs boundaries and may be eligible for and in need of special education and/or related services.  Child find activities also foster awareness and understanding on the part of educators, parents, and other community members of the referral procedures for special education, the eligibility criteria, and the continuum of special education programs and services available.  Child find activities inform educators, community agencies, and parents/guardians of their right to refer their child for a special education assessment to determine eligibility and the need for special education services.

Child Find activities may include but not be limited to:

• A comprehensive screening program, including health, vision, hearing, speech and language;
• Distribution of written information, including brochures and pamphlets, describing the referral procedure;
• Public awareness campaign, including public service announcements;
• Annual notices to local newspapers;
• Consultation with representatives of private schools, including religious schools on how to carry out activities to identify children with suspected disabilities;
• Coordination with preschools, Head Start, and other child care facilities;
• Communication with hospitals, pediatricians, obstetricians, and other health professionals;
• Coordination with parent resource centers and support groups;
• Presentations to local professional groups and organizations established to inform and/or to service culturally diverse populations;
• Coordination with activities of the SELPA Community Advisory Committee (CAC);
• Coordination with school site procedures, including referrals from the school site student intervention teams

(EC 56300, 56301, 52040; CFR 300.451)

Referral Procedures 

The identification of students with exceptional needs shall be coordinated with school site procedures for identifying those students whose needs have been found to be beyond the resources of general education interventions. The Assessment Plan shall address all areas of suspected need. Within 15 calendar days of any school staff receiving a written request for a special education evaluation, an assessment plan shall be developed and presented to the parent. If a parent makes an oral request, school staff must assist in developing a written request. The parent/guardian has at least 15 days to provide consent for the proposed assessment. No assessment shall be conducted without parental consent. 

Referrals for special education assessment and eligibility may be submitted by, but not limited to, the following persons:

• The holders(s) of educational rights (parent, legal guardian)
• Student Study/Intervention Team 
• School staff

A referral for special education must follow legal timelines, including the proposal of an assessment plan for initial evaluation within 15 days from the date of referral. And 60 days from the receipt of consent on the assessment plan to determine eligibility and areas of need. 

A student shall be referred for special education services only after the resources of the general education program have been explored, and where appropriate, utilized. All referrals should be submitted to the student’s LEA of residence. 

Parent/guardian referral

 

The parent/guardian requests, in writing, that their child be assessed to determine eligibility for special education services. Within 15 days of the referral, the parent shall be given, in writing, a proposed assessment plan. A copy of the procedural safeguards shall be provided to the parent, attached to the assessment plan. No assessment shall be conducted unless the written consent of the educational rights holder is obtained. Upon receipt of consent from the parent, assessment may begin immediately. The IEP team will then have 60 days to complete the assessment and hold the IEP meeting (Link to assessment process)

Student study/intervention team referral

A student study/intervention team may refer a student for assessment to determine eligibility for special education services. Prior to the referral, the student study/intervention team will consider and/or review the interventions, adaptations, and modifications that have been (or may be) documented in the general education environment, for a minimum of 4-6 weeks, in order to meet the educational needs of the student.. The student study/intervention team is established by the LEA and is a function of the general education program/process.

Private school referral

The staff or parent of a student attending a private school may make a referral, in writing, to the student’s LEA for assessment to determine eligibility for special education services. All special education timelines for offering an assessment plan and holding an IEP must be followed by the LEA in which the student being referred lives.

(EC 56302-56303; 5 CCR 3021, 5 CCR 3029; CFR 300.530)

Literacy Screener- Education Code 53008

Assessments and screening tools administered under the requirements of Education Code 53008 shall not be considered an evaluation or diagnosis tool to establish eligibility for special education and related services pursuant to the federal Individuals with Disabilities Education Act (IDEA), or an evaluation to determine eligibility for a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973. However, assessments and screenings administered pursuant to this section shall not be used to delay the child find process required under IDEA.

3.2 Pre-Referral Interventions (Academic and Behavioral)

The Student Study Team (SST) serves as a general education function to review individual student concerns and develop alternative instructional strategies to be implemented in the regular classroom.

While specialists such as psychologists, speech therapists, and resource specialists may participate, the SST process is not part of special education services and does not require compliance with associated timelines. After appropriate general education interventions have been implemented, a referral for special education evaluation may be warranted if concerns persist. The SST may also help develop mainstreaming strategies for students already receiving special education services.

A student suspected of having a disability under the provisions of Section 504 of the Rehabilitation Act of 1973, will be assessed by a process defined through local board policies and procedures.

Parents should be contacted whenever there is a concern about their child’s academic or behavioral performance. Concerns may be addressed in a Student Study/Intervention Team (SST) meeting. This meeting may be initiated by school staff or parents/guardians. During the meeting, the Student Study Team can document concerns and which strategies are being implemented or will be implemented to attempt to address the student’s concerns related to their learning. Areas that are important to discuss and document during the SST meeting may include:

• Developmental/medical history
• Attendance/school enrollment history
• Review of vision and hearing
• Behavior
• Academics: Performance and results of interventions

Although a referral for special education evaluation may be initiated by a SST, parent, teacher, student, or other person with knowledge of the student, current law requires that all options in the general education program be considered before referral to special education. These options may include, but are not limited to, the following:

• Accommodations within the general education program
• Consultation with appropriate staff
• Utilization of general education program resources, (e.g., counselors, Response to Intervention, Title I resource programs; tutorials; English language development programs; migrant programs; intervention programs; 504 accommodation plans, summer school, use of Tier 1 and tier 2 interventions within an multi-tiered system of supports) 
• Referral to alternative education programs within the school LEA
• Referral to appropriate community agencies

All options are to be explored and documented by the general education staff prior to a referral for special education by the SST. When all of the resources of general education have been considered, and where appropriate, utilized, the student may be referred for special education consideration by the SST. 

Referrals for special education assessment to determine eligibility for services may come from teachers, parents/guardians, agencies, appropriate professionals, or other concerned parties. Referrals will be coordinated with school site procedures for reviewing students with needs exceeding modifications to regular instruction, including intervention team referrals.

A student shall be referred for special education assessment only after general education resources have been considered and documented as insufficient to meet the student's needs. The SST or other team will review records to verify exhausted general education options prior to formal special education referral.

3.3 Student Study Team (SST)/Intervention Team

The Student Study Team (SST) serves as a general education function to review individual student concerns and develop alternative instructional strategies to be implemented in the regular classroom. (move to top of B)

While specialists such as psychologists, speech therapists, and resource specialists may participate, the SST process is not part of special education services and does not require compliance with associated timelines. After appropriate general education interventions have been implemented, a referral for special education evaluation may be warranted if concerns persist. The SST may also help develop mainstreaming strategies for students already receiving special education services. (move to top of B)

A student suspected of having a disability under the provisions of Section 504 of the Rehabilitation Act of 1973, will be assessed by a process defined through local board policies and procedures. (move to top of B)

Referrals for special education assessment to determine eligibility for services may come from teachers, parents/guardians, agencies, appropriate professionals, or other concerned parties. Referrals will be coordinated with school site procedures for reviewing students with needs exceeding modifications to regular instruction, including intervention team referrals.

A student shall be referred for special education assessment only after general education resources have been considered and documented as insufficient to meet the student's needs. The SST or other team will review records to verify exhausted general education options prior to formal special education referral.

4.1 Eligibility under IDEA

Children with a disability from birth to age 21 may be eligible for special education services if the condition of disability interferes with success in the general education program.  A child with a disability means that a child has been found eligible in one or more of the following areas of disability: autism, deaf-blindness, deafness, emotional disturbance, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, visual impairment. (Title 5, CCR § 3030)

Children between ages 3 to 5, who have a medical condition or congenital syndrome that the individualized education plan team determines has a high predictability of requiring special education and services, could be eligible under established medical disability. This eligibility criteria is only applicable for children ages 3-5. (EC 56441.11(d))

4.2 Initial Evaluation/Eligibility Determination

No initial evaluation shall be conducted unless the written consent of the parent or guardian is obtained prior to the evaluation. The parent or guardian shall have at least 15 days from the receipt of the proposed assessment plan to arrive at a decision. Evaluation may begin immediately upon receipt of the consent. (EC § 56321)

The evaluation will be completed and an IEP meeting scheduled within 60 calendar days from the date of the receipt of the parent's consent for evaluation. Parent consent for evaluation shall not be construed as consent for placement or for receipt of special education and related services. (20 U.S.C. § 1414)

When a student, who has an active assessment plan, transfers into the LEA, the evaluation must be continued as soon as possible to adhere to the 60 day timeline. Contact with the previous LEA is crucial in this matter to have proper information on the reason for referral, background information, and for the continuance of the evaluation process. (34 CFR § 300.300)

A full and individual evaluation shall be conducted for each student being considered for special education and related services to determine if the student meets eligibility criteria for special education services. (20 U.S.C. § 1414)

The 60 day time period does not apply if either of the following occurs:

• The parent of a student repeatedly fails or refuses to produce the student for assessment

• The student enrolls in a school served by the LEA after the relevant time period has commenced but prior to determination by his or her previous LEA of whether the student is an individual with exceptional needs. This exemption applies only if the subsequent LEA is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent LEA agree to a specific date by which the evaluation shall be completed.

(34 CFR § 300.301)

 

The results of the evaluation will be used by the student’s IEP team to develop an appropriate Individualized Education Program (IEP).

Medical Diagnosis vs Educational Eligibility

• Medical Diagnosis

  • Who:

    • a pediatrician, clinical psychologist, neurologist or developmental pediatrician

  • What Criteria:

    • current Diagnostic Statistical Manual (DSM)

  • When:

    • as young as 18 months old

  • Where are services delivered:

    • generally in the home and community setting and outside of school hours

• Education Eligibility

  • Who:

    • an IEP team consisting of educational professionals and parent

  • What criteria: 

    • California Education Code, assessment results that demonstrate an impact on the student's educational progress

  • When: 

    • beginning at age 3 through age 21

  • Where are services provided: 

    • in the education setting and during school hours

Referrals for evaluation may be submitted by a parent/guardian or school staff directly, through the SST process or by an outside agency. Reference Section —Student Success Team process.

 

4.3 Re-evaluation/Eligibility Review Assessments

The purpose of the reevaluation is to determine the student's present levels of academic achievement and functional performance, and whether the student continues to be eligible for services, as well as the educational needs of the student. Reevaluation occurs at least once every three years. 

Written parental consent must be obtained prior to conducting a reevaluation, if written parental consent is not obtained, LEA’s should follow their specific policy and procedures in accordance with Cal. Ed. Code § 56381.

The reevaluation cannot occur more frequently than once a year, unless the parent and LEA agree otherwise; being mindful of and following the guidelines of assessment tools used. 

A student must be reevaluated before:

• Exiting a student from a special education program or related services 
• Determining that the student no longer meets eligibility criteria for special education supports and services 
• A student with a disability must be reevaluated if the local educational agency (LEA) determines that the educational or related service needs, including improved academic achievement and functional performance, of the student warrant a reevaluation.

This requirement applies even when the student only receives a related service and/or when the student is on a consultation service.

(Cal. Ed. Code § 56381, §56320)(20 USC §1414)

 

Reevaluation is not required before the discontinuation of a student’s eligibility and/or services due to graduation from secondary school with a regular high school diploma, and/or exceeding the age of eligibility for a free and appropriate public education (FAPE). 

(Cal. Ed. Code § 56026)(20 USC §1412)

 

The following steps must be taken during the reevaluation process:

1. Review of Existing Assessment Data

   1. Informational data provided by the parents

   2. Current classroom-based assessments and observations

   3. Observations of the behavior of the student in appropriate settings

2. Evaluation of all areas of suspected disability and educational performance (MATCH TO SEIS)

   1. Health (including medical findings, if any, and developmental information relevant to education)
   2. Vision
   3. Hearing
   4. Social and Emotional status
   5. Academic performance
   6. General intelligence
   7. Communicative status
   8. Motor abilities

3. Determination of Needed Assessments

   1. Present levels of performance and needs
   2. If the student continues to meet eligibility criteria for services
   3. Additions, recommendations, considerations, or modifications to services needed to meet IEP goals and participate in general curriculum
   4. Necessity of specialized services, materials, and equipment for pupils with low-incidence disabilities, as applicable

(34 CFR §300.304, §300.305, §300.310)

4.4 Assessment Requirements

Once parental consent for the assessment has been obtained, the LEA shall distribute a copy of the signed assessment plan to all staff specified. 

All assessments shall be conducted by persons knowledgeable of the suspected disability, including assessment of students with suspected low incidence disabilities, and shall be conducted by a multidisciplinary team, when appropriate.

Tests and other assessment materials must meet all of the following requirements:

1. Are provided and administered in the language and form most likely to yield accurate information on what the pupil knows and can do academically, developmentally, and functionally, unless it is not feasible to provide or administer. Materials and procedures shall be provided in the student’s native language or mode of communication, unless it is clearly not feasible to do so. 

2. Procedures and materials for evaluation and assessment of students shall be selected and administered so as not to be racially or culturally, or sexually discriminatory. 

3. Are used for purposes for which the assessments or measures are valid and reliable.

4. Are administered by trained and knowledgeable personnel and are administered in accordance with any instructions provided by the producer of the assessments, except that individually administered tests of intellectual or emotional functioning shall be administered by a credentialed school psychologist.

5. Tests and other assessment materials include those tailored to assess specific areas of educational need and not merely those which are designed to provide a single general intelligence quotient.

6. Tests are selected and administered to best ensure that when a test is administered to a student with impaired sensory, manual, or speaking skills produces test results that accurately reflect the student’s aptitude, achievement level, or any other factors the test purports to measure and not the student’s impaired sensory, manual or speaking skills unless those skills are the factors that the test purports to measure.

7. The student is assessed in all areas of the suspected disability including, if appropriate, health and development, vision, including low vision, hearing, motor abilities, language function, general intelligence, academic performance, communicative status, self-help, orientation and mobility skills, career and vocational abilities and interests, social and emotional status. A developmental history shall be obtained when appropriate. For students with residual vision, a low vision assessment shall be provided. 

8. The assessment of a student, including the assessment of a student with a suspected low incidence disability, shall be conducted by persons knowledgeable of that disability. Special attention shall be given to the unique educational needs, including, but not limited to, skills and the need for specialized services, materials, and equipment.

9. As part of an initial evaluation the IEP team will review existing evaluation data on the student, including evaluations and information provided by the parents of the student, current classroom-based assessments and observations, and observations by teachers and related services providers.

10. Each LEA shall ensure that assessments of students with exceptional needs who transfer from one LEA to another LEA in the same academic year are coordinated with the student’s prior and subsequent schools, as necessary and as expeditiously as possible.

CA Educ Code § 56320, 20 U.S.C. § 1414(c)

 

In conducting the evaluation, the LEA shall use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the student. The LEA shall also use any information provided by the parent/guardian that may assist the LEA in making the determination as to whether the student is a student with a disability and, if so, the necessary components of his/her IEP when the IEP is developed, including information related to enabling the student to be involved in and to progress in the general education curriculum. (34 CFR 300.304)

In addition to assessing all areas related to the suspected disability, assessment should include reviewing the student’s strengths; conducting an observation of the student in the classroom, or an age appropriate setting, and reviewing and considering information provided by the parent, including any independent assessments. 

No single measure or assessment is used as a sole criterion for determining whether a student is an individual with exceptional needs or determining an appropriate educational program for the student.

The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services. (34 CFR 300.302)

Assessment may begin immediately upon receipt of signed parental consent. 

All assessments must be completed and an IEP team meeting scheduled within 60 calendar days of receiving the parent's signed consent.

 

Parent consent for assessment shall not be construed as consent for placement or receipt of special education services.

 

34 CFR §300.300

 

In making a determination of eligibility, a student shall not be determined to be an individual with exceptional needs of the determinant factor for the determination is one of the following:

• Lack of appropriate instruction in reading
• Lack of appropriate instruction in mathematics
• Limited-English proficiency
• If the student does not otherwise meet the eligibility criteria

A copy of the assessment report and the documentation of determination of eligibility shall be given to the parent or guardian.  

Education Code 56329

 

The personnel who assess the student shall prepare a written report, or reports, as appropriate of the results of each assessment. The report shall include, but not be limited to, all of the following:

1. Whether the pupil may need special education and related services
2. The basis for making the determination
3. The relevant behavior noted during the observation of the pupil in an appropriate setting
4. The relationship of that behavior to the student’s academic and social functioning
5. The educationally relevant health and developing, and medical findings, if any
6. For students with learning disabilities, whether there is such a discrepancy between achievement and ability that it cannot be corrected without special education and related services
7. A determination concerning the effects of environmental, cultural, or economic disadvantage, where appropriate
8. The need for specialized services, materials, and equipment for student with low incidence disabilities
9. The findings of each assessment
10. Information related to enabling the student to be involved in the and progress in the general education curriculum or, for preschool students, to participate in appropriate activities

EDC § 56327, 34 CFR 300.306, 20 USC 1414

 

4.5 Private School Assessment Procedures

IDEA 2004 requires each local educational agency to conduct child find activities and assessments to determine eligibility for special education and related services to students with disabilities enrolled by their parents in private schools located within the boundaries of the LEA. The LEA of residence of the child is responsible for developing the IEP and offering FAPE. (20 U.S.C.1412(a)(10)(A)(i)(II))  

The District of Location (DOL)

The district in which the private school is located is responsible for implementing IDEA requirements for PPPSS. This includes:

• The obligation to locate, identify, evaluate (i.e., Child Find
• Spend a proportionate share of funds

District of Special Education Accountability (DSEA)/District of Residence (DOR)

Always has Child Find obligations related to the provision of FAPE

Note: Parents can request assessments from both DOL (for purposes of the provision of equitable services) and from DSEA (for the purpose of having a program of FAPE made available). If this occurs, both districts are legally responsible for conducting assessments

Special Education Referral 

1. Students must be referred for special education instruction and services only after the resources of the general education program have been considered. 
2. If after the consideration and utilization of general education resources, representatives of the private school determine that a student might be eligible for special education services, a referral shall be directed to the special education office at the student’s district of residence (DOR). 

Initial IEP Team Meeting 

1. Upon the identification and location of a students suspected of having a disability, the DOR shall conduct an initial assessment within assessment timelines.(EC 56043(a);EC 56043(c); EC 56321(a), EC 56302.1; EC 56344(a))
2. The DOR shall hold an initial IEP meeting, including district of location (DOL), within the applicable timelines and make the eligibility decision in accordance with state and federal laws and regulations. 
3. If the parents of the private school child consent to the eligibility of the child for special education services, the DOR will develop an IEP and make an offer of FAPE, to be implemented if the child enrolls in a public school. Parents may decline, in writing, the offer of FAPE.
4. If the parents of the private school child consent to the offer of FAPE and enroll their student in the DOR, the IEP will be implemented by the DOR, in accordance with Federal and State regulations. 
5. If the parent of the private school child express in writing that they will not enroll and/or do not consent to the DOR offer of FAPE, even though the child is eligible for special education services, the DOR will offer the parents an Individual Service Plan (ISP), which may include any services available to private school students. 
6. If the parents of the private school child consent to the ISP, the DOR shall implement the ISP in accordance with applicable Federal and State laws. 
7. The DOR shall not be required to pay for the cost of education, including special education and related services, of a student with a disability at a private school or facility if the LEA made an offer of FAPE to the student and the parent of the child elected to place the child in the private school or facility. (EC 56174)

Individual Service Plan

1. No parentally-placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in public school. (34 C.F.R. § 300.137) A service plan should only reflect the services offered by the LEA to a parentally-placed private school child with a disability designated to receive services. In addition, a service plan, to the extent appropriate, is required to meet the IEP content requirements described in 34 C.F..R. § 300.320 or, when applicable, for children aged three through five, the individualized family service plan (IFSP) requirements described in 34 C.F.R. § 303.344 and only in relation to the services that are to be provided. 
   1. DOR must initiate and conduct meetings to develop, review, and revise a service plan if the student has been designated to receive services. 
   2. This meeting must be consistent with IEP meeting meeting requirements of the IDEA. 
2. Under 34 C.F.R. § 300.133(a), each LEA must spend a proportionate amount of IDEA Part B funds on providing special education and related services (including direct services) to parentally-placed private school children with disabilities.  
3. The services provided pursuant to this policy may be provided at a private school, including a religious school, to the extent consistent with the law. The location of the services shall be set out in the student’s ISP. 
4. For-profit private schools are not included in the definition of a parentally placed private school student. 
5. Preschool: DOL’s obligation to serve children aged 3 through 5 under equitable services provisions depends on whether child is enrolled in private school that meets the IDEA’s definition of “elementary school”

DOR still has an obligation to make FAPE available to this group of children.

4.6 Parentally Placed Private School Students (PPPSS)

Definitions

District of Location (DOL): refers to the school district where the private school or facility is located. The DOL may also be referred to as the Local Education Agency (LEA) in federal and state laws regarding parentally placed private schools students. District of Geographical Residence (DOR): refers to the school district within which boundaries the child with a disability resides.

Parent: means any of the following:

1. Biological & adoptive parent
2. Legal guardian
3. Student who is 18 years or older, not conserved
4. Foster parent
5. Surrogate parent

Private School or Facility: means

1. Private full-time day school pursuant to California Education Code Section 48222 (including religious schools)
2. Private tutor pursuant to California Education Code Section 48224 and/or
3. Any other educational institution, program, arrangement or facility not sponsored, maintained or managed by the school district and for which the school district does not collect average daily attendance funds.

Private School Children with Disabilities: means children with disabilities enrolled by a parent in a private elementary or secondary school or facility, other than students with disabilities placed by the school district in a non-pubic, nonsectarian school pursuant to California Education Code Section 56365. (EC 56170)

Representatives of Private School Students: may include private school administrators, teachers, students and parents.

Publicly Placed Students Vs. Parentally Placed Students There are two major categories of private school students – “publicly placed” and “parentally placed”.

• In the first instance, the educational agency places a student in a private facility in order to meet its requirement of free appropriate public education (FAPE) and the local educational agency (LEA) obligation to serve the student is exactly the same as if the student attended the public school.
• In contrast, the special education rights of the parentally placed private school students are considerably more limited. A parentally placed private school student with a disability does not have an individual right to FAPE. There are no instances when a LEA will be required to provide a service to such a child. However, there are particular obligations that the LEA must fulfill as explained in this document.

Children in For Profit-Private Schools

Children attending for-profit schools do not receive equitable services. However, the child find obligation applies to children attending private schools, including for-profit private schools. Therefore, students attending for-profit private schools will not be served on an ISP.

Creating the Private School Protocol

Each LEA needs to consult annually with private school representatives, and parents of parentally placed private school students with disabilities. This discussion includes key issues that affect the ability of eligible private school children with disabilities to participate equitably in federally funded special education and related services. This meeting provides a genuine opportunity for all parties to express their views and to have those views considered by the LEA. It promotes positive and productive working relationships that make planning easier and result in a private school protocol.

Legal Requirements

To ensure timely and meaningful discussion, a local educational agency shall annually consult with private school representatives and representatives of parents of parentally placed private school children with disabilities during the design and development of special education and related services for the children. Such consultation shall include:

• (I) the child find process and how parentally placed private school children suspected of having a disability can participate equitably, including how parents, teachers, and private school officials will be informed of the process;
• II) the determination of the proportionate amount of Federal funds available to serve parentally placed private school children with disabilities under this subparagraph, including the determination of how the amount was calculated;
• (III) the consultation process among the local educational agency, private school officials, and representatives of parents of parentally placed private school children with disabilities, including how such process will operate throughout the school year to ensure that parentally placed private school children with disabilities identified through the child find process can meaningfully participate in special education and related services;
• (IV) how, where, and by whom special education and related services will be provided for parentally placed private school children with disabilities, including a discussion of types of services, including direct services and alternate service delivery mechanisms, how such services will be apportioned if funds are insufficient to serve all children, and how and when these decisions will be made;
• and (V) how, if the LEA disagrees with the views of the private school officials on the provision of services or the types of services, whether provided directly or through a contract, the LEA shall provide to the private school officials a written explanation of the reasons why the LEA chose not to provide services directly or through a contract.

*Timelines for such activities as noted within this policy can be found in the SELPA recommended LEA Checklist and Timeline regarding consultation requirements.

Consultation with Private School Representatives and Representatives of Parents of Parentally-Placed Private School Children with Disabilities

What is Consultation?

Consultation is a mandatory process that involves discussions between the LEA, private school officials, and representatives of parents of parentally placed private school children with disabilities on key issues relating to the equitable participation of eligible private school children with disabilities in Federally-funded special education and related services.

Under 34 C.F.R. § 300.134, each LEA (or, if appropriate, an SEA) must consult in a timely and meaningful way with private school representatives and representatives of parents of parentally-placed private school children with disabilities during the design and development of special education and related services for parentally-placed private school children. Effective consultation provides a genuine opportunity for all parties to express their views and to have those views considered by the LEA where private schools are located before that LEA makes any decision that has an impact on services for parentally-placed private school children with disabilities.

Consultation must be an ongoing process, not solely an annual meeting. See 34 C.F.R. § 300.134(c). Timeliness is critical to effective consultation and requires collaboration between the LEA and private school officials in developing a timeline and selecting dates for consultation. Successful consultation establishes positive and productive working relationships that make planning easier and ensure that the services provided meet the needs of eligible parentally-placed private school children with disabilities. A unilateral offer of services by an LEA with no opportunity for discussion is not adequate consultation, as such an offer does not meet the basic requirements of the consultation process. Only after discussing key issues relating to the provision of special education and related services with all representatives may the LEA make its final decisions with respect to the services to be provided to eligible private school children with disabilities.

What constitutes meaningful consultation?

IDEA does not specify what constitutes “meaningful consultation,” but in order for consultation to be meaningful, it must be timely and ongoing throughout the school year. See 34 C.F.R. §§ 300.134 and 300.134(c). Establishing a timeline for consultation can help ensure that timely and meaningful consultation occurs throughout the school year. The timeline can include meeting dates and times as well as topics to be discussed. As there is no specific schedule for consultation, States and LEAs are able to determine the appropriate period between consultation discussions based on circumstances in
their jurisdictions. The needs, number, and location of parentally-placed private school children with disabilities may vary over time, depending on the circumstances in a particular LEA in a particular year.
*See recommended LEA Checklist and Timeline page for key details consultation tasks.

Consultation Process- Invitation to Provide Input

LEAs which have a private school within their boundaries must consult with appropriate representatives of the private school and their representative parents of children with disabilities 4 on how to locate, identify, evaluate and provide services to children with disabilities enrolled in private schools.

Development of Private School Protocol

Annually, meaningful consultation between the private school personnel, parents of students with disabilities enrolled in the school, and special education leaders from the LEA where the school is located leads to a private school protocol. The provision of equitable services for children enrolled in private school by their parents shall be provided by employees of a public agency; or through contract by the public agency with an individual, association, agency, organization, or other entity. Special education and related services, including materials and equipment, provided to a pupil with a
disability who has been parentally placed in a private school shall be secular, neutral, and non ideological. EC §56172 (e-f).

Annually, when the LEA meets with the private school personnel and parents of private school students, a discussion will occur as to developing procedures and practices for the provision of services to students with disabilities enrolled in private schools. This process includes review of the current needs of the students in order for the team to facilitate a decision of which specific special education service(s), materials, and/or equipment(s) will be provided on behalf of the students. When timely and meaningful consultation has occurred, the LEA shall obtain a written affirmation signed by the representatives of participating private schools. A copy of the affirmation letter and the
private school protocol shall be sent to the SELPA.

Child Find and Referral Procedures

The Individuals with Disabilities Education Improvement Act (IDEA) (20 U.S.C. § 1400 et. seq) and California Education Code §56301 require every local educational agency (LEA) to identify, locate, and evaluate students enrolled with known or suspected disabilities to determine whether a need for special education and related services exists. LEAs are obligated to develop and implement a plan to locate all IDEA-eligible students, including but not limited to students who are homeless or wards of the state.
The process an LEA develops to locate and identify students with disabilities is known as Child Find.

Child find activities are the responsibility of each LEA and occur prior to a referral for special education services. These activities are designed to locate individuals, birth through 21 years of age, including children not enrolled in public school programs as well as children who are homeless or wards of the state and reside in the LEAs boundaries and may be eligible for and in need of special education and/or related services. Child find activities also foster awareness and understanding on the part of educators, parents, and other community members of the referral procedures for special education, the eligibility criteria, and the continuum of special education programs and services available. Child find activities inform educators, community agencies, and parents/guardians of their right to refer their child for a special education assessment to determine eligibility and the need for special education services.

See 1.1 Child Find and Referral for Intervention section of the Lake County SELPA Policy and Procedure Guide for more information about the requirements to locate and identify students who potentially qualify for special education assessments and services.

Private School Referral

The staff or parent of a student attending a private school may make a referral, in writing, to the student’s LEA for assessment to determine eligibility for special education services. All special education timelines for offering an assessment plan and holding an IEP must be followed by the LEA in which the student being referred lives. (EC 56302-56303; 5 CCR 3021, 5 CCR 3029; CFR 300.530)

Private School Assessment Procedures

IDEA 2004 requires each local educational agency to conduct child find activities and assessments to determine eligibility for special education and related services to students with disabilities enrolled by their parents in private schools located within the boundaries of the LEA. The LEA of residence of the child is responsible for developing the IEP and offering FAPE. (20 U.S.C.1412(a)(10)(A)(i)(II))

The District of Location (DOL)
The district in which the private school is located is responsible for implementing IDEA requirements for PPPSS. This includes:

• The obligation to locate, identify, evaluate (i.e., Child Find)
• Spend a proportionate share of funds

District of Special Education Accountability (DSEA)/District of Residence (DOR)

Always has Child Find obligations related to the provision of FAPE.
Note: Parents can request assessments from both DOL (for purposes of the provision of equitable services) and from DSEA (for the purpose of having a program of FAPE made available). If this occurs, both districts are legally responsible for conducting assessments.

Procedures for Processing Referrals for Special Education Evaluation
The LEA where the private school is located (Reporting LEA) will initiate a proposed Assessment Plan with Prior Written Notice and explain the forms to the parent within 15 days of the referral.

By law, the LEA where the private school is located is responsible for completing the assessment, including writing a written report, within 60 days of receiving parental consent to conduct the evaluation. Since the parent can potentially ask for assessment by both the LEA where they reside and where the private school is located, the LEA conducting the meeting would consider both evaluations when holding the Initial IEP to determine eligibility and offer FAPE.

IEP Team Determination of Eligibility

The LEA that completed the initial evaluation shall invite the student’s teacher and an administrator from the private school. If the student resides in a different LEA than the one the private school is located in, representatives from both LEAs should be present. The team meeting purpose is to share the assessment results and develop an Individualized Education Program (IEP) by the District of Geographical Residence (DGR). The student’s eligibility for special education services will be determined by the IEP team. All required IEP team members need to be present at this initial IEP meeting. This includes an administrator, regular education teacher, special education provider, parent, and all assessors.

Provision of Services

There are two ways a student with an identified disability can receive special education services: via an Individualized Education Program (IEP) in the public school setting, or an Individualized Service Plan (ISP) in the private school setting.

Services via the IEP Process

Should the student be found eligible for special education services, the student’s District of Geographical Residence is responsible for completing the IEP process within 60 days of the parent’s consent for assessment. This process includes, among other things, the development of goals to address identified needs, consideration of special factors, supplementary aids and services, and an offer for a free appropriate public education (FAPE) in the least restrictive environment (LRE).

In most cases, the LEA completes the IEP process and determines that the offer of FAPE in the least restrictive environment is a public school program. The IEP should reflect the public school of attendance and the public school offer of FAPE. It is important that the parent(s) understand that the IEP will get implemented should the parent enroll their child in the public school setting and that they have no individual right to such services should they maintain their child’s enrollment in the private school
setting.

If the IEP team determines that the appropriate services are those provided in a private school setting, such services shall be provided at no cost to the parents. In these few instances, the LEA obligation to serve the student is exactly the same as if the student attended the public school since the IEP team determined the private school setting is appropriate. This would also be true if the LEA offers a private school placement as a result of a settlement agreement.

When the parent consents to the IEP, it is important to note in the IEP if the parent intends to enroll their child in the public school or maintain the child in the private school setting. In the first instance, the IEP will be implemented upon enrollment in the public school. In the second instance, the parent should consent to the IEP as appropriate and indicate their intent to maintain private school enrollment.

Unless the parents unequivocally intend to enroll their child in private school, the DGR should annually offer the child FAPE by developing an IEP and offering service(s). However, when a parent states clearly that they intend to keep the child in private school, the DGR will send a letter memorializing this request in writing and offer to provide the IEP services on the last developed IEP, if and when the child enrolls in the public school in the DGR.

No parentally placed private school student with a disability has an individual right to receive some or all of the special education and related services that he/she would receive if enrolled in a public school. No LEA is required to pay for the cost of educating a child with a disability at a private school if the LEA made FAPE available to the child and the parents voluntarily elected to place the child in a private school. At each evaluation and IEP meeting, the parents will be given a copy of the Notice of Parental
Rights and Procedural Safeguards. Disputes regarding whether a LEA offered FAPE to the child (as well as the initial identification and evaluation of parentally placed private school children with disabilities) may be resolved pursuant to local and state policies and procedures.

Services via the ISP Process

If the private school where the student is enrolled is within the LEA boundaries, that LEA shall develop an ISP and is also considered both the DSEA and the Reporting LEA. If the private school where the student is enrolled is in a different LEA than the one the student lives in, the DGR shall refer the case to the LEA where the private school is located for development of an ISP.

Only the LEA where the private school is located can develop the ISP. In both cases, the LEA obligation to provide special education services does not go beyond what was agreed to via the private school consultation process as documented in the Private School Protocol. The Reporting LEA will contact the family to develop an ISP for the student. During this meeting, the ISP team will review the offer of FAPE from the DGR and develop an ISP (Form 14) accordingly. The parent has a right to accept or decline the service offered through the ISP. If the service(s) the student requires are not offered through the Private School Protocol, the Reporting LEA still needs to develop an ISP and mark on the ISP form Plan Type 700. If the parents maintain enrollment in the private school, the Reporting LEA will invite the parents to attend an ISP meeting to review their child’s ISP and progress on an annual basis. A copy of the signed ISP must be provided to the student’s DGR. The information on the ISP forms are required to be transferred into SEIS for reporting to CDE via the CALPADS system.

If possible, all service(s) a student requires on the ISP should be made available at the private school of attendance to minimize the amount of instructional time missed. When this is not possible, the Reporting LEA identifies the closest school site wherein such service(s) can be Provided.

The Reporting LEA is not required to provide services other than those identified and agreed upon their Private School Protocol. Once the proportionate share funds have been exhausted, the Reporting LEA is no longer required to provide services for that fiscal year. The student may be eligible for special education and related services that are not identified on the Reporting LEA Private School Protocol. If the parent wishes to have access to special education services, the Reporting LEA will encourage the parents to contact the DGR special education representative to enroll their child in the public school.

Also, if the services offered by LEA change during the annual private school protocol review, the Reporting LEA needs to review the ISPs of students attending a private school to ensure they match the revised private school protocol. In all circumstances, IEPs and ISPs need to be completed within their annual timelines regardless of what time of year that falls.

Students Ages Three to Five with Disabilities

Students ages 3 to 5, should have an Individualized Education Program (IEP), even if the child is attending a private preschool, private transitional kindergarten, or private kindergarten (that is not a nonpublic, nonsectarian certified school). LEAs should enroll students ages 3 to 5 who are attending a private school at the district level, with the Reporting LEA. While it might seem logical for children ages 3 to 5 who are attending a private school, and who are receiving special education services from an LEA, to be on an ISP these students must be on an IEP.

Compliance Monitoring Obligations

Each LEA that has a private school within their boundaries is required to annually review and update as needed the Private School Protocol to determine what service(s) will be offered. Private School Proportionate Share funding runs on a fiscal year, July 1-June 30, not around annual review dates for individual students. When the allocated funds are expended each year, so is the obligation to provide services to students with disabilities enrolled by their parents in private schools.

Record Keeping and SEIS/CALPADS

There are several different situations that arise with students in private schools which determine the amount of ongoing monitoring required by the LEAs. The different situations are enumerated here along with the required obligations each brings. To help avoid confusion, in this section we will refer to the LEAs involved as the LEA where the student resides and the LEA where the private school is located. This is prudent because, depending on the scenario below, the Reporting LEA may apply differently than in our Key Definitions for the document.

• After the initial evaluation, the IEP team determines the student does not qualify for special education placement. The student would be reported to CALPADS as Educational Plan Type 900 – Not Eligible. No further monitoring would take place.
• After the initial offer of FAPE, the educational rights holder accepts the offer of FAPE on the IEP. If the student is currently enrolled in a private school, they will need to enroll in the public school before the LEA can begin services and the IEP can be reported to CALPADS. In this case, the student would be reported by the LEA where the student resides to CALPADS as Educational Plan Type 100 – Eligible.
• After the initial offer of FAPE, the educational rights holder does not provide consent to the IEP in order to attend private school, as indicated on the Signature and Parent Consent form by initialing
  • However, they refuse the referral to the LEA where the private school is located by not initializing.
  • Two LEAs cannot communicate regarding a student without parent consent to do so, meaning the initial evaluation process would end at this point. In this instance, the LEA where the student resides is not responsible for making an annual offer of FAPE via the IEP process. All initial evaluations have the option to end in a refusal to enter special education. If the educational rights holder chooses this option, there is no further required follow through regarding child find, including no requirement to file on the family. If no ISP can be offered, the student would be reported by the LEA where the student resides to CALPADS as Educational Plan Type 800 – Eligible - No Education Plan (Other Reasons).
• After the initial offer of FAPE, the educational rights holder does not provide consent to the IEP in order to attend private school instead as indicated on the Signature and Parent Consent form by initialing
  • Parent then initials so the LEA where the private school is located offers the ISP which the parent declines. In this instance, neither the LEA where the student resides nor the LEA where the private school is located are responsible for making an annual offer of FAPE via the IEP process, or offering an annual service plan (ISP). All initial evaluations have the option to end in a refusal to enter special education. If the educational rights holder chooses this option, there is no further required follow through regarding child find, including no requirement to file on the family. In this case, the student would be reported by the LEA where the private school is located to CALPADS as Educational Plan Type 700 – Eligible - No Education Plan (Parent Declined FAPE – Private Placement).
• After the initial offer of FAPE, the educational rights holder does not provide consent to the IEP in order to attend private school instead as indicated on the Signature and Parent Consent form by initialing
  • However, the services the student qualifies for are not offered through the Private School Protocol. This situation is similar to #4 above. The student would be reported to CALPADS the same way, however in this case it is recommended the LEA where the private school is located follow up with an annual review if the Private School Protocol is changed to include services for which the student is eligible.
• After the initial offer of FAPE, the educational rights holder does not provide consent to the IEP in order to attend private school instead as indicated on the Signature and Parent Consent form by initialing 4a and 4b, then accepts the ISP offered by the LEA where the private school is located. The LEA where the private school is located becomes the Reporting LEA and is required to report annual service plans to CALPADS. If the educational rights holder has not unequivocally indicated their student will only enroll in private school, the LEA where the student resides should annually offer the child FAPE by developing an IEP and offering service(s). This would not be reported to CALPADS unless the parent accepted the offer of FAPE and enrolled in public school.
• If the educational rights holder states clearly that they intend to keep the child in private school, the LEA where the student resides will send a letter memorializing this request in writing and offer to provide the IEP services on the last developed IEP, if and when the child enrolls in the public school.
• If a student enrolls in a public school from a private school without having had an IEP developed as part of the transition from one location to the other, the LEA where the student enrolls will use the most recently developed IEP to offer services to the student. If that IEP is outdated, the LEA will need to develop a new annual IEP as quickly as possible. If the triennial reevaluation is also outdated, the LEA will need to gather new assessment information by offering an assessment plan for updated eligibility to determine if the student continues to qualify for Special Education before appropriate services can be determined.
• If a student receiving services on an IEP enrolls in a private school, or if a preschool, transitional kindergarten, or kindergarten student being served on an IEP turns 6 years old while enrolled in a private school, the LEA where the private school is located is responsible for offering an ISP as soon as is practicable. If the parent consents to the ISP, the student is reported as Education Plan Type 200 and the ongoing reporting and meetings would apply.
• If the same student from the bullet above is offered an ISP and the parent refuses the ISP, or appropriate services are not available on the Private School Protocol, the student is not reported as Education Plan Type 700. That code is reserved only for students who do not receive services after an initial evaluation. Instead, the student will either be exited as 78 parent revocation, if parent revokes all consent for special education, or as 76 moved if they do not. If exited as 76 moved, the student will not be considered reportable to CALPADS for enrollment or Special Education. Only private school students being assessed for or receiving Special Education services have enrollments reported to CALPADS. The student will remain unreportable until the parent accepts an ISP to receive services at the private school or enrolls in a public school and IEP services can resume.

The DOL will report through CALAPDS each parentally placed private school student evaluated to determine eligibility for special education services. They also will report each child found eligible. The DOL will report through CALPDS each student who is served through an ISP.

Reevaluations

The LEA where the private school is located is legally responsible for conducting reevaluations of children with disabilities enrolled by their parents in a private school located in the LEA. The Reporting LEA may consult with the DGR to coordinate such a reevaluation. Under 34 CFR §300.303, an LEA must ensure that a reevaluation of each child with a disability is conducted if (1) the LEA determines that the child’s educational or related services needs, in light of the child’s academic achievement and functional performance, warrant a reevaluation;
or (2) the child’s parent or teacher requests a reevaluation. A reevaluation may occur not more than once a year, unless the parent and LEA agree otherwise; and must occur at least once every three years, unless the parent and LEA agree that a reevaluation is unnecessary. (OSERS Q & A Document, April 2011) If the private school suspects another disability and requests additional assessment on student, the Reporting LEA will complete the evaluation.

Keeping Track of Students Who Are Not Receiving Service

In many cases, LEAs will be holding IEPs to continue to offer FAPE on an ongoing basis to students enrolled in a private school when they are not providing ISP services to the students. This may be because the private school is located in a different LEA’s boundaries than the one where the student resides. It may also be due to the student moving to a private school, declining an ISP, but not withdrawing from special education. In either case, it is important to keep track of students for whom you may need to hold an IEP, whether that IEP will be reported to CALPADS or not.

There are several ways that LEAs can maintain reliable records of these students. One method is to create a database, spreadsheet, or written list of these students and keep it updated with the student’s name, grade, school attended, LEA where that school is located, and most recent annual and triennial dates.

Another way to keep track in SEIS, if another LEA is not serving the student on an ISP using the SEIS system, is to keep private school students not receiving services in the LEA isolated in a special group. To do this, the LEA would put the SEIS record for the student in pending status and mark the student do not report (DNR). This allows the student to remain in the SEIS system, with a Case Manager for easy monitoring and IEP creation. However, if another LEA is using the student’s SEIS record to serve the student in the private school on an ISP, that LEA will retain the SEIS record instead as the Reporting LEA.

Due Process and Complaints

Parents will be informed that as long as they continue to place their child in a private school their rights for due process are limited. A school district is NOT required to pay for the cost of educating a child with a disability at a private school (including special education and related services) if the school district made FAPE available to the child and the parents voluntarily elected to place the child in a private school. No parentally placed private school child with a disability has an individual right to receive some or all of the special education and related services that he/she would receive if enrolled in a public school.

Disputes regarding whether a school district made FAPE available to the child via the IEP, as well as disputes about identification and evaluation of parentally-placed private school children with disabilities, may be resolved pursuant to due process procedures specified in the “Notice of Procedural Safeguards and Parents’ Rights.” Due process procedures DO NOT apply to disputes regarding provision of services specified in the ISP.

SELPA Recommended LEA Checklist and Timeline for Consultation Requirements

Month	Action
June/July	LEA identifies which private schools are located within their district boundaries. Private schools complete the Annual Private School Questionnaire. LEA estimates federal program funding for the year. LEA calculates estimated per-pupil allocation and determines services to be offered. LEA arranges staffing needs for services designated to private school students.
August	Private school notifies the district of students eligible for services through the LEA's Private School Protocol. LEA sets up initial consultations with private school officials and parent representatives of private schools to develop the Private School Protocol. LEA sends a copy of the Letter of Affirmation and Private School Protocol signed by the private school representative
August/September	ISPs are to be developed by the DOS prior to Census Day count (first Wednesday in October)  LEA arranges service schedules and staffing for ISPs based on the Private School Protocol information. Lake County SELPA hosts Fall Child Find Information Session, including: a. Invitation to private school b. Review of federal law and procedures SELPA & LEA verifies EOY count of students with disabilities enrolled in private schools reported- Plan Type 200 and 700.
November/December	LEA revies and verifies CALPADS data to ensure that pupils enrolled in private schools are appropriately reported to the CDE. Reporting LEA verifies eligible private school students with disabilities via CALPADS Fall 1 reporting prior to deadline.
February/March	Ongoing consultation activity and/or communication should occur during this window of time. a. Set up another meeting or phone call to check in. b. Review timelines, services, compliance, and agreed upon Private School Protocol.
April/May	SELPA estimates federal funding for the following year.
May/June	LEA reviews and verifies CALPADS data to ensure that pupils enrolled in private schools are appropriately reported to CDE as part of EOY reporting prior to the deadline. LEA to review that proportionate share of Federal funds for private school students are appropriately expended or carried over (maximum of one year). LEA completes a fiscal audit, including documentation on private school students with disabilities.

4.7 Bilingual Assessments

Bilingual assessments are a requirement of both federal and state law, unless it is not feasible and is so stated in the assessment plan. If the assessor is not bilingual, the district should provide an interpreter. In addition, both federal and state law require that testing and assessment material be selected so as not to be racially, culturally, and sexually discriminatory. [20 U.S.C. Sec. 1414(b); 34 C.F.R. Sec. 300.304(c)(1)(i); Cal. Ed. Code Sec. 56320(a), (b).]

A copy of the assessment/IEP is provided to the parent, and when requested, in the primary language of the parent.

Verify in SEIS and/or the student information system which language is the primary language for the parent (not the primary language of the student). The copy should be provided within a reasonable amount of time, and in preparation for any meeting prior to the meeting.

4.8 Low Incidence Assessments & Referral Procedures

As part of the Local Plan submitted to the State, each SELPA shall describe how specialized books, materials, equipment and services will be distributed within the SELPA.  This policy has been developed to provide a summary of legal and local requirements and guidelines for students with low incidence disabilities.  In addition to this policy, all requirements outlined under the Annual State Low Incidence Funding Update will be observed.

What is a Low Incidence disability?

California Education Code Section 56026.5 states, a low incidence disability is defined as those pupils with;

• Hearing impairments- Hard of Hearing, DEAF, Deaf-Blindness
• Vision impairments- Blindness
• Severe orthopedic impairments- Orthopedic Impairment
• or any combination thereof

What is considered Low Incidence equipment?

California Education Code 56363.1 states, a local educational agency is not required to purchase medical equipment for an individual pupil. However, the local educational agency is responsible for providing other specialized equipment for use at school that is needed to implement the individualized education program. For purposes of this section, “medical equipment” does not include an assistive technology device, as defined in Section 1401(1) of Title 20 of the United States Code. Some examples of Low Incidence equipment include:

• Screen readers
• Hoyer lifts
• Custom wheelchairs and other mobility devices
• Augmentative and alternative communication devices

Funding

The budget language clearly states how the funding will be allocated per Education Code (EC) Section (§) 56836.22

(a) Commencing with the 1985-86 fiscal year, and for each fiscal year thereafter, funds to support special education and related services as required under the individualized education program for each pupil with low-incidence disabilities, as defined in Section 56026.5, shall be determined by dividing the total number of pupils with low-incidence disabilities in the state, as reported in the California Longitudinal Pupil Achievement Data System pursuant to Chapter 10 (commencing with Section 60900) of Part 33 on the Fall 1 Census of the prior fiscal year, into the annual appropriation provided for this purpose in the annual Budget Act.

(b) The per-pupil entitlement determined pursuant to subdivision (a) shall be multiplied by the number of pupils with low-incidence disabilities in each special education local plan area to determine the total funds available for each local plan.

(c) The Superintendent shall apportion the amount determined pursuant to subdivision (b) to the special education local plan area for purposes of providing special education and related services as required under the individualized education program for each pupil with low-incidence disabilities.

Summary of Legal Requirements

Education Code Section 56836.22 provides for funds to purchase “specialized” books, materials and equipment as required under the student’s individualized education program (IEP) for students with low incidence disabilities as defined in Section 56026.5 (hard of hearing, deaf, deaf-blind, visually impairment, or severe orthopedic impairments, or any combination thereof).  

As a condition of receiving these funds, the SELPA shall ensure that:  

• The appropriate books, materials and equipment are purchased  
• The use of items is coordinated as necessary  
• The books, materials and equipment are reassigned within the SELPA once the student that originally received the items no longer needs them.

Special supplies and equipment purchased with State funds are the property of the State and shall be available for use by individuals with exceptional needs throughout the State. The Clearinghouse for Specialized Media and Technology (CSMT) is available to facilitate the distribution of unused materials and equipment. In addition to the equipment fund, annually, the State Budget Act may appropriate funds which shall be used to provide specialized services to pupils with low incidence disabilities.

In addition to the equipment fund, annually, the State Budget Act may appropriate funds which shall be used to provide specialized services to pupils with low incidence disabilities.

Assembly Bill (AB) 605 took effect January 1, 2020 adding to the Education Code:

56040.3 (a) Pursuant to Section 300.105 of Title 34 of the Code of Federal Regulations, a local educational agency shall provide, on a case-by-case basis, the use of school-purchased assistive technology devices in a child’s home or other settings if the child’s individualized education program team determines that the child needs access to those devices in order to receive a free appropriate public education.

(b)(1) A local educational agency shall be responsible for providing an individual with exceptional needs who requires the use of an assistive technology device with continued access to that device, or to a comparable device when that individual, due to enrollment in another local educational agency, ceases to be enrolled in that local educational agency.

(b)(2) The responsibility of the local educational agency under paragraph (1) shall be in force until alternative arrangements for providing the individual with exceptional needs with continuous access to the assistive technology device, or to a comparable device, can be made or until two months have elapsed from the date that the individual ceased to be enrolled in that local educational agency, whichever occurs first.

(c) For purposes of this section, in addition to the definition of ‘local educational agency,’ in this article, ‘local educational agency’ also includes charter school as established pursuant to Chapter 2 (commencing with Section 47605) of Part 26.8

Responsibility

Low Incidence funding is legally the responsibility of the SELPA, including accountability of how the funds are used and reassignment of specialized books, materials and equipment within the SELPA and sharing with other SELPAs. The Lake County SELPA may include a set-aside of the total funds to use a revenue pool each year, and determine how to allocate funds at the end of each fiscal year. 

EC § 56201 states, "As a part of the local plan submitted pursuant to § 56200, each SELPA shall describe how specialized equipment and services will be distributed within the local plan area in a manner that minimizes the necessity to serve pupils in isolated sites and maximizes the opportunities to serve pupils in the least restrictive environment." Each student with a low incidence disability will have discussions during the IEP meeting to determine the student’s Least Restrictive Environment (LRE).  Once the student’s LRE is determined, discussion of the need for specialized equipment and/or services can take place.  If it is determined that the student who is placed in their LRE requires specialized equipment and/or services, the specialized equipment and/or services shall be provided to the student at his or her classroom site unless the IEP provides documentation that the equipment and/or service is to be provided by an alternative means, as determined by the student’s unique needs.  Specialized books, materials, and equipment may be used by students enrolled in public schools, non-public and private schools by the public school, or served in the student’s home, when required under the IEP, pursuant to SELPA local plan policies and procedures.

Low Incidence Committee

To meet the responsibility of management, assignment, and requests of Low Incidence funding, the Lake County SELPA has established a Low Incidence Committee composed of knowledgeable educators of low incidence students, LEA representatives, and SELPA representatives. The Low Incidence Committee has established procedures and guidelines for purchases through the Low Incidence fund. As well as to review damage or loss claims on equipment.   

The Low Incidence Committee may include:

• Specialist for the deaf and hard of hearing
• Specialist for the orthopedically impaired
• Specialist for the visually impaired
• Speech Language Pathologist
• Specialist knowledgeable in assistive technology
• Occupational therapist
• Physical therapist
• SELPA Director
• SELPA Program Specialist
• District Special Education administrator
• District Special Education representative

The purpose of the Low Incidence Committee is to review and approve or deny Low Incidence funding requests. 

LEA Responsibilities

The LEA will have some distinguished responsibilities apart from the SELPA in the management and implementation of low incidence equipment, it is the LEA’s responsibility to:

• The LEA must convene IEP meetings, with appropriate IEP team members, in order to facilitate and develop appropriate IEPs for students with low incidence disabilities
• The LEA is responsible for the appropriate implementation and incorporation of low incidence equipment provided by the SELPA for use in the classroom
• It is the LEA’s responsibility to report any issues or concerns with specific equipment to the SELPA
• The LEA may be responsible for damaged or lost equipment, it is the LEA’s responsibility to ensure the proper use and care of equipment, and to contact the Low Incidence committee should damage or loss occur 
• LEA’s are responsible for the tracking and location of specific equipment provided to their schools from the SELPA

Each District in the Lake County SELPA is responsible for accessing this fund in accordance with the criteria established in these guidelines and procedures. This includes, but is not limited to, student assessment to determine the unique educational need for specialized books, materials or equipment as well as the submission of a written report and request to include the need for specialized services, materials and equipment; not supplanting; assisting with inventorying equipment; and notifying the SELPA when items need repair and are available for reassignment.

Eligibility

Funds may be used for all students with the Low Incidence disabilities as defined in law, for both primary and secondary eligibility.  Some students counted as having an orthopedic impairment may not be eligible because they do not have a “severe orthopedic impairment” as per the definition of Low Incidence disabilities in Education Code 56026.5. Students who have severe orthopedic impairments require highly specialized services, equipment and materials per Education Code Section 5600.5(b).   

Education Code Section 56320(g) requires that persons knowledgeable of that disability shall conduct the assessment of a pupil with a suspected low incidence disability.  A low incidence disability does not guarantee the use of low incidence funds. The IEP team reviews assessment data and determines the most appropriate items or services needed to address the student’s unique educational needs.  These may, or may not be “specialized.”  Items, which are found in most classrooms, would not be acquired through low incidence funds. Additionally, there may not be adequate low incidence funding to provide for low incidence identified needs as documented on the IEP of eligible students with low incidence disabilities. Lack of low incidence funds does not remove the LEA responsibility to provide for low incidence identified needs as documented on the IEP.

Procedures for Requesting Low Incidence Funding

1. Determine Eligibility: The IEP team determines eligibility for a low incidence disability. The Low Incidence eligibility must be documented on the IEP as a primary or secondary disability
2. Determine Student Needs: The IEP team determines the student’s educational needs for item(s) through educational assessment and documentation.
   1. Educational Assessment: The personnel who assess the student shall prepare a written report(s), of the results of each assessment. The report shall include, but not limited to the need for specialized services, materials, and equipment for students with low incidence disabilities.
   2. IEP Documentation: The requirements must be written into the IEP but are not limited to the following:
      1. How the item will assist the student’s instruction in accordance with the IEP
      2. How often the items will be used or is needed
      3. How the item facilitates participation in the classroom
      4. Specific projected student outcomes
      5. Goal related to the Low Incidence service or equipment
      6. Identification of the personnel who will provide support to the student and will monitor and inventory equipment (position/title)
3. Requesting IEP Team Member will complete the Low Incidence Request Form: The Low Incidence Request Form must have a signature from the LEA’s special education administrator/designee and include accurate information on ordering.
4. Attach to the most currently consented IEP: IEP must be signed and legible. Attach amendment IEP’s as appropriate.
5. Attach all Supportive Documentation: pertinent to the low incidence funds request (e.g. reports from OT, PT, VI teacher, SLP)
6. Send Packet for Approval: LEA Special Education Administration should complete and send the packet to the SELPA for review and final approval through the Low Incidence Committee process. Keep a copy of the request form for your records.

Cautions

1. Do not list specific items in the student’s IEP using specialized brand names. What the IEP must show is that the student has a unique educational need directly related to the low incidence disability and that this need can only be met with specialized books, materials, equipment, and services. Goals need to be written to address the unique educational needs, not the desired items or service. 
2. If the Annual IEP goals do not specifically address this educational need, then an amendment IEP with goals that reflect the need for specialized books, materials, and equipment must be written and submitted, as well as indicated on the Special Factors page of the IEP.
3. There is no guarantee of approval by the SELPA, however, if specific items or brand names are listed on the IEP, this could result in the LEA’s responsibility for purchasing the equipment.

Approval Process

The LEA/program will receive an approval or denial response following the Low Incidence Committee meeting. Should an approval be granted:

• The requesting LEA will process the purchase order and facilitate ordering of the item/equipment.
• The LEA must notify the SELPA once the item/equipment is received, the SELPA personnel will attach an inventory tag to the equipment according to agency policies.
• The LEA will forward copies of the original quote, purchase order, invoice and proof of delivery (packing slip, bill of lading, or shipping label) to the SELPA.
• The SELPA will process a reimbursement for the requested amount approved by the Committee, if the final cost of the item is different a determination will be made by the Committee regarding the balance prior to the reimbursement being issued.
• Items must be received and used within the fiscal year in which the item/equipment is being requested.

Low Incidence funds are a source of funding and not a means for compliance. If a request is not approved or there are no funds are not available for the school year, then the LEA is responsible for purchasing the materials or equipment as specified in the student’s IEP following the LEAs business office purchasing procedures.

Sharing Equipment

With other Low Incidence Eligible Students:  Because of the high cost of much of the specialized equipment,  it is permissible to request equipment to be shared by more than one low incidence eligible student.  

Student Movement

1. When a student moves into the SELPA: When a student moves into the LEA with low incidence equipment already purchased for the student in their last placement, it is the responsibility of the LEA to coordinate with the SELPA to request, secure and document that the equipment be transferred. If equipment is sent with the student an inventory form should be completed and sent to the SELPA so it can be put into the Low Incidence Inventory database.
   1. Should equipment not be transferred to the Lake County SELPA, a Low Incidence Request for Equipment or Materials Form should be submitted immediately. SELPA will support the LEA to find a temporary solution or alternative piece of equipment in the interim during the request process.
2. Student moves out of SELPA: if the books, materials and equipment are still needed by other students with low incidence disabilities in your SELPA, the SELPA will retain books, materials and/or equipment for use by other eligible students. Providing these resources is the responsibility of the SELPA where the student now resides. If, however, books, materials and equipment purchased with low incidence funds are unique to the individual student, the SELPA may make arrangements and agreements for purchasing of those unique items with the SELPA where the student now resides.
3. Student graduates from high school: A graduating high school student who has a low incidence disability cannot use the specialized equipment purchased for him by his SELPA through low incidence funds in college. To do so would be a gift of public funds which is a violation of law. Aligning with Education Code 56822: Books, materials and equipment purchased with low incidence funds remain the property of the SELPA. Since the student has graduated from high school, the individual is no longer eligible to receive special education services from your SELPA. If the student needs similar equipment in college, the individual should contact the Department of Rehabilitation who has the legal responsibility to assist in training adults with disabilities.
   1. Students who have “graduated” but remain within the SELPA in a LEA Adult Transition Program will remain with the student until exiting or aging out of an IEP.

Equipment

1. Lost or stolen equipment will be reviewed through the Low Incidence Committee. Lost or stolen equipment that needs to be replaced by Low Incidence funding will be handled on a case-by-case basis.
2. Item No Longer Needed: If the item(s) has been purchased for one student and is no longer being used by that student, notify the SELPA office.
3. Equipment under $125.00 will not be repaired unless under warranty.
4. Equipment over $125.00 would be considered on a case-by-case basis should repairs be necessary, and no warranty is available..

Management Information Documentation

An IEP team member will ensure that the student is listed with a Low Incidence disability in the special education information system through SELPA.

Disability Codes

Low Incidence disabilities are reported in the Special Education Information System as follows:

• Disability 1 is the main disability of the student contributing to his/her eligibility for special education and related services.
• If the student is qualified under multiple disabilities (MD) and one of the multiple disabilities is a low incidence disability, the primary disability will be multiple disabilities (MD) and the secondary disability will be the low incidence disability. 
• When one or more of the disabilities is a low-incidence disability (Hard of Hearing, Deafness, Deaf-Blindness, Orthopedic Impairment, or Visual Impairment); Disability 1, should indicate MD; Disability 2 should indicate the most prominent low-incidence disability.

Code	Disability Category
220	Hard of Hearing (HH): Hard of Hearing means hearing impairment, whether permanent or fluctuating, that adversely affects a child's educational performance, but that is not included under the definition of deaf in this section. (34 CFR Sec. 300.8(c)(5)).
230	Deafness (DEAF)/Hearing Impairment (HI): Deafness means a hearing impairment that is so severe that the child is impaired in processing linguistic information through learning, with or without amplification, which adversely affects educational performance. (34 CFR Sec. 300.78(c)(3).  Hearing Impairment is a federal category of disability, which includes both hard of hearing and deaf individuals as defined above.
250	Visual Impairment (VI): Visually Impaired, including blindness means impairment in vision that, even with correction, adversely affects a child's educational performance. The term includes both partially seeing and blind children. (34 CFR Sec. 300.78(c)(13)).
270	Orthopedic Impairment (OI): Orthopedic Impairment means a severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by congenital anomaly (e.g., clubfoot, absence of some member, etc.), impairments caused by disease (e.g., poliomyelitis, bone tuberculosis, etc.), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns which cause contractures). (34 CFR Sec. 300.7(b)(6 Sec. 300.78(c)(8))
300	Deaf-blindness (DB): Deaf-Blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness. (34 CFR Sec. 300.78(c)(2)).
310	Multiple Disabilities (MD): Multiple Disabilities means concomitant impairments (such as mental retardation-blindness, mental retardation-orthopedic impairment, etc.,) the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. The term does not include deaf-blind children. (34 CFR Sec. 300.78(c)(7)).

 

4.8 Low Incidence Assessments & Referral Procedures (Continued)

Service Codes

The IEP team determines the Services for the student. A student must have a service code identified in their IEP that is appropriate to the service that is being provided. 

Service Code 610 provides a generic description that can help IEP teams who are supporting a student with a low incidence disability to record supplemental aids and services in the student’s IEP such as consultation provided to the teacher, staff and parents, or supplementary supports to the student, including frequency and duration of the services.

A student with a specified low incidence disability typically has one or more of the following as noted in the samples below:

Code	Service Description
610	Specialized Services for Low Incidence Disabilities: Low incidence services are defined as those provided to the student population of orthopedically impaired (OI), visually impaired (VI), deaf, hard of hearing (HH), or deaf-blind (DB). Typically, services are provided in education settings by an itinerant teacher or the itinerant teacher/specialist. Consultation is provided to the teacher, staff and parents as needed. These services must be clearly written in the student's Individualized Education Program (IEP), including frequency and duration of the services to the student. (CCR Title 5 §3051.16 & 3051.18).
710	Specialized Deaf and Hard of Hearing/Hearing Impairment Services: These services include speech therapy, speech reading, auditory training and/or instruction in the student's mode of communication. Rehabilitative and educational services; adapting curricula, methods, and the learning environment; and special consultation to students, parents, teachers, and other school personnel may also be included. (CCR Title 5 §3051.16 and 3051.18).
715	Interpreter Services: Sign language interpretation of spoken language to individuals, whose communication is normally sign language, by a qualified sign language interpreter.  This includes conveying information through the sign system of the student or consumer and tutoring students regarding class content through the sign system of the student. (CCR Title 5, §3051.16).
720	Audiological Services: These services include measurements of acuity, monitoring amplification, and frequency modulation system use. Consultation services with teachers, parents or speech pathologists must be identified in the Individualized Education Program (IEP) as to reason, frequency and duration of contact; infrequent contact is considered assistance and would not be included. (CCR Title 5 §3051.2).
725	Specialized Vision Services: This is a broad category of services provided to students with visual impairments. It includes assessment of functional vision; curriculum modifications necessary to meet the student's educational needs,  including Braille, large type, and aural media; instruction in areas of need; concept development and academic skills; communication skills (including alternative modes of reading and writing); social, emotional, career, vocational, and independent living skills. It may include coordination of other personnel providing services to the students (such as transcribers, readers, counselors, orientation and mobility specialists, career/vocational staff, and others) and collaboration with the student's classroom teacher. (CAC Title 5 §3030(d), EC 56364.1).
730	Orientation and Mobility: Students with identified visual impairments are trained in body awareness and to understand how to move. Students are trained to develop skills to enable them to travel safely and independently around the school and in the community. It may include consultation services to parents regarding their children requiring such services according to an Individualized Education Program (IEP).
735	Braille Transcription: Any transcription services to convert materials from print to Braille. It may include textbooks, tests, worksheets, or anything necessary for instruction. The transcriber should be qualified in English Braille as well as Nemeth Code (mathematics) and be certified by an appropriate agency.
740	Specialized Orthopedic Services: Specially designed instruction related to the unique needs of students with orthopedic disabilities, including specialized materials and equipment. (CAC Title 5, §3030(e) & 3051.16).
745	Reader Services: Any specialized assistance provided for students who are print-impaired, whether the impairment is the result of a visual disability, other physical disability, or reading disability. This may include but is not limited to, readers provided for examinations, textbooks, and other course related reading assignments and may also include recorded materials.
750	Note Taking Services: Any specialized assistance given to the student for the purpose of taking notes when the student is unable to do so independently. This may include, but is not limited to, copies of notes taken by another student, transcription of tape recorded information from a class, or aide designated to take notes. This does not include instruction in the process of learning how to take notes.
755	Transcription Services: Any transcription service to convert materials from print to a mode of communication suitable for the student. This may also include dictation services as it may pertain to textbooks, tests, worksheets, or anything necessary for instruction.
760	Recreation Services, Includes Therapeutic Recreation: Therapeutic recreation and specialized instructional programs designed to assist pupils to become as independent as possible in leisure activities, and when possible and appropriate, facilitate the pupil's integration into general recreation programs. (CAC Title 5, §3051.15; 20 USC 1401(26(A)(1)) (34 CFR 300.24).

 

Low Incidence Request Checklist/Justification

The purpose of this document is to justify that the equipment or materials considered for purchase meet the required criteria and are related directly to the student’s unique educational needs resulting from a low incidence disability.  Please be as specific as possible, providing as much detail as is necessary to assist the Low Incidence Committee in their approval process.

Requests shall not supplant the need for general classroom materials, supplies, and equipment provided as a standard to other similar classrooms.  For instance, a laptop computer will not go to the Low Incidence Committee for approval as this equipment can be provided as a standard to other similar classrooms.

Packet Checklist:

• Low Incidence Justification form attached and/or completed

• Low Incidence Request for attached and/or completed
• IEP paperwork included in packet
• Special Factors page with 'Low Incidence' question marked 'Yes' and rationale included
• Present Levels page that reflects the use of the equipment or materials
• Accommodations/Modification page that reflect the use of the equipment of materials (if applicable)
• Notes page that reflect the use of the equipment or materials (if applicable)
• Packet signed by LEA Special Education Director/Administrator

Low Incidence Equipment or Materials Justification:

Please answer the questions below and provide any additional documentation that may support the justification for the approval of this request.

1. The IEP is three months old or less.
   1. True
   2. False; If false, please explain
2. The IEP includes goals pertaining to the curriculum that documents the specific need of the requested equipment.
   1. True
   2. False
3. The IEP indicated on the 'Special Factors' page that this student requires low incidence services, equipment, and/or materials to meet educational goals and documents the specification
   1. True
   2. False
4. Has the SELPA inventory list been checked to determine whether existing materials or specialized equipment may meet this students' needs? 
   1. True
   2. False
5. Is the child developmentally ready for and cognitively able to benefit from the use of the equipment?
   1. True
   2. False
6. Assurance that the equipment is competitively priced; a less expensive option, including low tech equipment, cannot provide the same benefit. 
   1. True
   2. False
7. Equipment/materials are not eligible for funding from another agency or insurance coverage? 
   1. True
   2. False
8. Request is NOT for medical or lifelong adaptive devices
   1. True
   2. False
9. Request is NOT for replacing stolen or lost equipment
   1. True
   2. False

Definition of Low Incidence Disabilities

1. Visual Impairment - IDEA Sec. 300.8 (c)(13) Visually impairment including blindness means impairment in vision that, even with correction, adversely affects a child's educational performance. The term includes both partial sight and blindness.
2. Severe Orthopedic Impairment - IDEA Sec. 300.8 (c)(8) Orthopedic impairment means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).
3. Hearing Impairment - IDEA Sec. 300.8 (c)(5) Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance but that is not included under the definition of deafness in this section.
4. Deafness - IDEA Sec. 300.8 (c)(3) Deafness means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects educational performance.
5. Deaf-Blindness - IDEA Sec. 300.8 (c)(2) Deaf-Blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.

4.9 Assessment of African Americans

For purposes of evaluating a student for special education eligibility, a local education agency (LEA) must ensure that the student is assessed in all areas of a suspected disability. The evaluation must also be sufficiently comprehensive to identify all of the student’s needs. These guidelines for assessing African-American Students for special education contain the following sections: (1) a summary of Larry P. litigation and (2) how to purge information from a pupil record.

Summary of Larry P. Litigation

The following points summarize the Larry P. litigation to date regarding the use of IQ tests with African-American students. Information for this summary is taken from California Association of School Psychologists (CASP, 1993, 1996), California Department of Education (1994, 1997, 2012), Wenkart (1994), and Zolotar (1994). 

In the late 1970s, the Larry P. v. Riles case was filed against the state of California on behalf of African-American parents who argued that the administration of culturally biased standardized IQ tests resulted in disproportionate numbers of African-American children identified and inappropriately placed in special education classes for the Educable Mentally Retarded (EMR). An additional concern was that, once placed in such classrooms, the children did not have access to the core curriculum taught in regular classes. In 1979, Judge Peckham prohibited the use of IQ tests for placing African-American students in classes for EMR or “their substantial equivalent” after concluding that IQ tests were racially and culturally biased, and were responsible for the disproportionate placement of African-American students in “dead-end” classes.

In 1986, Judge Peckham expanded his 1979 order and prohibited the use of IQ tests for African-American students for any special education program. He further stated that even with parental consent, IQ tests may not be given to African-American students, nor may IQ scores from any other source become part of the pupil’s school record.

In 1986, the CDE issued a directive to state special educators regarding the Larry P. litigation. It reconfirmed that school LEAs are not to use intelligence tests in the assessment of African-American students who have been referred for special education services. In lieu of IQ tests, LEAs should use alternative means of assessment to determine identification and placement. Such techniques should include, and would not be limited to, assessments of the pupil’s personal history and development, adaptive behavior, classroom performance, academic achievement, and evaluative instruments designed to point out specific information relative to a pupil’s abilities and inabilities in specific skill areas. There are no special education related purposes for which IQ tests shall be administered to African-American pupils. Further, IQ tests shall not be used to determine whether an African-American student is learning disabled, because it is possible that the resulting score could subsequently result in the pupil being identified as mentally retarded. Therefore, the prohibition on IQ testing prohibits any use of an IQ test as part of an assessment, which could lead to special education placement or services, even if the test is only part of a comprehensive assessment plan.

In 1988, a group of African-American parents whose children had learning problems requested a reexamination of Peckham’s 1979 ruling which banned the use of standardized IQ tests for their children. They believed the results of IQ testing would help clarify the kind of help and services their children needed. The families asserted that the ban on standardized intelligence testing for African-American children, solely on the basis of racial differences, was discriminatory. This case became known as Crawford v. Honig. Judge Peckham granted the parents’ request for an injunction, thereby allowing their children to take IQ tests despite the ban by the CDE.

In the 1992 ruling on Crawford v. Honig Judge Peckham issued a Memorandum and Order which rescinded his 1986 ban on preventing the administration of IQ tests to African-American children as part of an assessment for all special education programs. Peckham indicated his 1986 ruling violated the rights of African-American parents who want the option of having their children tested due to suspected learning disabilities and not “substantially equivalent” to EMR programs. He called for a follow-up court hearing to determine the current meaning of “substantial equivalent”. This ruling did not reverse the 1979 Larry P. v. Riles decision. 

In 1994, the CDE issued a legal advisory analyzing Judge Peckham’s 1992 decision in Crawford v. Honig. The legal advisory indicated the new Memorandum and Order from this lawsuit did not alter the original 1979 ruling in Larry P. Rather, it ordered two actions:

1. The CDE and the Larry P. plaintiffs to assist the court in defining the “substantial equivalent” of an EMR class in the context of the state’s current special education programs. The court described “dead-end” classes as those which: 
   1. students typically do not receive the regular curriculum and fall farther and farther behind students in regular classes, 
   2. fewer than 2O% of students are returned to the regular classroom, and 
   3. African-Americans are disproportionately represented.

The legal advisory concluded that current special education programs may meet the court’s criteria of “dead-end” classes. Therefore, the ban on IQ testing of African-American students should continue for all special education placements. 

1. CDE stated that regardless of the Crawford v. Honig decision, LEAs should, in lieu of IQ tests, use alternate means of assessment to determine identification and placement. Such techniques should include, and would not be limited to assessments of the pupil’s:
   1. Personal history and development 
   2. Adaptive behavior 
   3. Classroom performance 
   4. Interventions including Progress Monitoring Data (Dynamic Measurements, Curriculum Based Measures
   5. Academic achievement 
   6. Evaluative instruments designed to point out specific information relative to a pupil’s abilities and inabilities in specific skill areas.

The California Association of School Psychologists (CASP) challenged the CDE arguing that the legal advisory and compliance report were incorrect as a matter of law; and that school psychologists had the sole right to determine to whom IQ tests must be given or not given. The federal LEA court dismissed CASP’s case without leave to amend, the basis of which being that the court did not have jurisdiction over CASP’s allegations.

In 1993, when a LEA attempted to use IQ tests with informed parental consent the CDE found them out of legal compliance, concluding harm occurs whenever African-American children are removed from the mainstream and segregated into special education classes. 

A 1994 ruling by the U.S. Court of Appeals for the Ninth Circuit, despite media reports to the contrary, continues the prohibition of IQ testing on California’s African-American school children. The court narrowly affirmed the late Judge Peckham’s 1992 ruling in Crawford v. Honig rescinding his 1986 modification order that expanded the original ban. Judge Peckham’s 1979 permanent injunction against IQ testing on African-American students, in Larry P. has not been altered either by his 1992 ruling or by the Ninth Circuit’s recent ruling. The Ninth Circuit also affirmed Judge Peckham’s decision to order additional LEA court hearings to determine the contemporary meaning of the 1979 permanent injunction (which includes defining special education programs that are “substantially equivalent” to EMR “dead-end” placements).

In 1994 Barry A. Zolotar, Deputy General Counsel, CDE, sent a letter to the field advising school LEAs to review the CDE legal advisory, dated September 10, 1992, which analyzes the relationship between Larry P., and Crawford, and its Fairfield - Suisun Compliance Report which: 

1. Provides an overview of the 1979 permanent injunction; 
2. Emphasizes Judge Peckham’s findings in 1979, which have never been refuted, that the Americanized version of IQ tests are inherently biased against African-American children; 
3. Reiterates the court’s finding that parental consent can never overcome inherent testing bias; and 
4. States that the CDE has independent statutory authority under both federal and state law to prohibit school LEAs from administering standardized tests that have not been validated for the purposes for which they are being used. 
5. The CDE knows of no standardized test that has ever been validated for the purpose of either identifying children as educationally disabled, or removing and isolating them from the general school population and the core curriculum. 

Contrary to popular belief there has not been an updated list of banned tests! The 1997 CDE Legal Memorandum states: 

• No other tests has been recognized by the Department of Education for the purpose of finding school LEAs out of compliance in testing African-American students for special education 

• The original Larry P. decision was not limited to a specific set or sets of standardized intelligence tests. 

• Any standardized measure of intelligence should not be used with African-American students until such time as they are validated as unbiased by the State Board of Education and approved by the court. 

In summary, it is important to emphasize that the Larry P. court found IQ tests to be racially and culturally biased against African-American students. The Individuals with Disabilities Education Act (IDEA) and California Education Code prohibit the use of discriminatory testing and evaluation materials. This comprehensive statutory prohibition is not limited either by the narrow scope of the permanent injunction in Larry P. or the Crawford decision. It applies to all members of the Larry P. plaintiff class: “all black California school children who have been or may in the future be classified as mentally retarded on the basis of IQ tests.” Judge Peckham, in Crawford, stated that the Larry P. plaintiff class includes black children “who have learning disabilities that may affect their academic performance.” Thus, the statutory prohibition applies to all African-American school children who are already in special education and identified as having learning disabilities and those who have been referred for assessment and are at risk of being identified as “disabled” on the basis of racially and culturally standardized tests (Zolotar, 1994; cited by CDE, 2012).

In 2012, CDE stated that there is an ongoing prohibition on the use of any assessment that could yield an intelligence score for African-American students. In 2014, CDE re emphasized that, since no standardized tests have been authorized by the State Board of Education, any standardized assessment that generates cognitive, mental ability or aptitude scores are prohibited. In the literature, these three terms are used interchangeably. No means that any such test cannot be administered, period. “Nothing” from these tests means no age equivalents, grade equivalents, percentile ranks, standard score, including subtest scores.

How to Purge Information from A Pupil Record

In Judge Peckham’s 1986 Larry P. decision regarding prohibition of IQ testing of African-American students, he also declared IQ scores from any other source cannot become part of the pupil’s school record. The CDE issued a directive (Campbell, 1987) on how to dispose of Larry P. records generated prior to September, 1986. It reads as follows: 

Before a black special education student is re-evaluated for special education or transfers to a new LEA all prior records of IQ scores, or references to information from IQ tests, should be permanently sealed. The records are to be opened only for litigation purposes, official state or federal audits, or upon parent request. The parent shall be given copies of the sealed records upon request. The sealed records shall be maintained for a period of five years. 

Prior to sealing the records of these students, the parents shall be notified that the records will be sealed because of a court decision, which prohibits the use of intelligence tests for black students for any purpose related to special education. Additionally, prior to sealing the records, a qualified professional should identify appropriate data to be copied and purged of all IQ scores or references to information from IQ tests. The remaining data should then be transferred to the student’s current record. In no case shall the IQ test information be made available to the IEP team for any purpose.

As California school LEAs are the only agencies prohibited from using IQ tests with African-American students, it is often the case that African-American pupil records received from out-of-state and/or another agency contain cognitive, mental ability or aptitude test information. Therefore, the following steps are recommended when it becomes necessary to purge information from a pupil record. 

1. A qualified professional should review the case file to determine if prohibited information is contained therein. 
2. Remove any prohibited protocols and all assessment reports which contain cognitive, mental ability or aptitude information. 
3. Duplicate the original report.
4. “Purge all IQ scores or references to information from IQ tests” This has been interpreted as a means of “redacting” by using a black tip marker or liquid “white-out” to remove the following information on the duplicated copy.
   1. Any reference to a test instrument which yields a cognitive, mental ability or aptitude score or standard score that is an indication of cognitive functioning. 
   2. Any test data summary scores from the test instruments(s). 
   3. Commentary in the report, which discusses the pupil’s performance on the test instrument(s). 
5. Make a duplicate copy of the purged report. File this in the pupil record. 
6. Destroy the copy with the black tip marker or liquid “white-out.” 
7. Notify the parent/guardian that the pupil’s records are being sealed. (Sample letter enclosed) 
8. Seal the original report, any relevant protocols, and a copy of the letter sent to the parent/guardian in a manila envelope. Indicate the Pupil’s name and destruction date of five years hence on the outside of the envelope. Also attach a label indicating the envelope is only to be opened for the purpose of litigation, official state or federal audits, or upon parent request. 
9. Add the pupil’s name to a LEA level master list of pupils whose files have been purged and reports sealed due to the Larry P. ruling. 

A  letter is to be sent to parents/guardians regarding this process. 

4.10 Independent Education Evaluation

Introduction

This policy sets forth the procedures under which students with disabilities are entitled to an IEE at public expense, according to Individuals with Disabilities Act (IDEA): Section 300.502 Independent Evaluation and (20 U.S.C. 1415 (b)(1) and (d)(2)(A); California Education Code Section 56329.

Definitions

Independent Educational Evaluation (IEE) - An evaluation conducted by a qualified examiner who is not employed by the LEA responsible for the education of the child in question.

Local Education Agency (LEA) - a LEA that is a member of the Lake County SELPA.

Public Expense - The LEA pays for the cost of the evaluation or ensures that the evaluation is provided at no cost to the parents, consistent with federal law and California law.

Qualified Examiner - An evaluator who is competent to perform evaluations through criteria established by the LEA[1]  in accordance with California Education Code 56322

Policy

A parent or guardian has the right to obtain an IEE from qualified specialists, as defined by SELPA policy if the parent or guardian disagrees with an assessment obtained by the Local Education Agency (LEA) and the LEA does not pursue its option to file a request for a due process hearing with the California Office of Administrative Hearings to establish the appropriateness of its assessment. A parent or guardian is entitled to only one independent educational assessment at public expense each time the LEA conducts an assessment with which the parent or guardian disagrees. 

Procedure

Parent must submit a written request to the LEA or during an IEP meeting that they disagree with the LEA’s evaluation and that they are requesting an IEE at public expense. The parent should identify the requested areas of assessment, questions regarding the LEA’s assessment that would be addressed with the IEE, and identify the IEE assessor being requested if known.

The LEA may ask for the reason(s) the parent disagrees with the LEA’s evaluation, but the parent is not required to provide those reasons. The LEA may offer to conduct another evaluation with parent consent. If the parent agrees to the LEA conducting another evaluation, it would not be considered an IEE, and the original request for an IEE can be revoked. Revocation of the IEE should be done in writing and stating that the parent agrees to withdraw the request and consents to a new LEA assessment. The LEA and parent will work together to complete the new LEA assessment.

If the parent does not agree to another LEA assessment, the LEA must respond to the request in a timely manner or promptly submit a request for due process hearing in accordance with this policy. The LEA will provide a copy of the Procedural Safeguards and Parent Rights anytime the parent requests an IEE. Parents may only request one publicly funded independent evaluation for each evaluation completed by the LEA.

Once the parent communicates their disagreement with the LEA’s evaluation and requests an IEE at public expense in writing or at an IEP meeting, the following procedures with be followed:

The LEA’s special education administrator will be notified.

The LEA will provide a copy of the Procedural Safeguards.

Options for an IEE at public expense are as follows: A staff member from another LEA in the SELPA , a staff member from another SELPA, a nonpublic agency provider, a provider on the SELPA IEE list.

The parent/guardian will respond, in writing, to the LEA their preferred option, OR

The LEA will determine whether the LEA will initiate due process to establish the appropriateness of its evaluation or proceed with obtaining an IEE.

If the LEA initiates due process to establish the appropriateness of its evaluation, the LEA must provide the parent with Prior Written Notice of its refusal to provide an IEE. The written notice shall include all the elements of prior written notice as required by section 300.503 (b) of Title 34 of the Code of Federal Regulations. If it is found during due process that the LEAs evaluation is appropriate, the parent may still obtain an IEE, but not at public expense.

If the LEA agrees to provide an IEE at public expense, the LEA will work collaboratively with the parent to identify potential IEE evaluators. The parent is also entitled to provide, in writing, their preferred evaluator.

Parent will be required to sign a release of liability exchange of information authorizing the LEA to communicate directly with the parent’s chosen independent evaluator.

The LEA may directly contract with the independent evaluator for the IEE or, the LEA may reimburse the parent for the cost of an IEE per the LEA’s policies and procedures and in the amount no greater than the actual cost to the parent.

If a parent obtains an IEE at private expense or through any agency other than the LEA and shares the IEE with the LEA, the results of the IEE must be considered by the LEAm if the evaluation meets the criteria set forth below, in any decision made with respect to FAPE and may be presented as evidence at a due process hearing or other proceeding regarding the student.

LEA Criteria

The criteria under which an IEE is obtained at public expense, including the location limitations for the evaluator, minimum qualifications of the evaluator, and cost containment criteria, must be consistent with the criteria set forth in this policy, and consistent with the criteria that the LEA uses when it initiates an evaluation.

If the LEA observes the student in conducting the evaluation with which the parents disagree or if its assessment procedures allow in-class observations, the independent evaluator will be provided with an equivalent opportunity. This opportunity will also be provided if the parents obtain an evaluation at private expense.

The LEA will define the nature and scope of an independent evaluator’s onsite observation, across multiple settings, consistent with the right to an equivalent opportunity to observe, but also consistent with its obligations to prevent unnecessary disruption in and protect the privacy of other students. This may include but is not limited to, identifying time constraints, LEA personnel that may participate in the observation, and restrictions on student/teacher interactions.

Geographical Limitations for evaluators will be within a 125-mile radius of the LEA. Expenses that are incurred that are not directly related to the preparation of the evaluation (e.g., food, lodging, transportation, etc.) are not covered in the cost of the independent evaluation. [2] 

Minimum qualifications for evaluators are established below. Evaluators with credentials other than those listed below will not be approved unless the parent can demonstrate the appropriateness, under the specific facts of a given case, of using an evaluator meeting other qualifications. (Ed. Code 56320 (b)(3)).

The cost of an IEE shall be comparable to those costs that the LEA incurs when it uses its own employees and contractors to perform a similar assessment. Costs may include observations, administration and scoring of tests, report writing, and attendance for IEP meeting. Reimbursement will be in an amount no greater than the actual cost to the parent or the and will be subject to proof of payment.

Guidelines for all IEE costs are calculated with consideration of the time required for the assessment and rates that are common within the geographical limitations set forth above. Costs above these amounts will not be approved unless the parent can demonstrate that such costs reflect unique circumstances justifying the selection of an evaluator whose fees fall outside this criteria. [3] 

When insurance will cover all or partial costs of an IEE, the LEA will request that the parent voluntarily have their insurance pay the IEE costs covered by their insurance. However, parents will not be asked to have insurance cover independent evaluation costs if such action would result in a financial cost to the parent including, but not limited to the following:

A decrease in available lifetime coverage or any benefit under an insurance policy

An increase in premiums or the discontinuance of the policy

An out-of-pocket expense such as payment of a deductible amount incurred in filing a claim unless the parent is willing to have the LEA reimburse them for the amount of the deductible[4] [BS5] 

Independent evaluators must agree to release their assessment information, provide prior to the IEP meeting, a written IEE assessment report, submit copies of any and all assessment protocols utilized to conduct the IEE, and provide detailed invoices including dates of assessment, observations, and hourly rates if applicable, to the LEA prior to receipt of payment for services.  All independent educational evaluators must utilize testing and assessment materials and procedures which are selected and administered so as not to be racially, culturally, or sexually discriminatory. Tests and other assessment materials must be provided and administered in the student’s primary language or other mode of communication, unless there are stated reasons why this provision and administration are not clearly feasible.  All assessment instruments utilized must have been validated for the specific purpose for which they are used, and be administered by trained personnel in conformity with the instructions provided by the publisher.  All written reports must meet the requirements of the IDEA and California Education Code, Section 56327.

The results of the IEE will be considered in the determination of eligibility, program decisions, and placement of the student with disabilities as required by the Individuals with Disabilities Education Act.  However, the results of an IEE will not control the LEAs determinations and may not be considered if not completed by a qualified professional, as determined by the LEA. LEAs should consider that contracting with an NPA for both assessment and services could compromise the reliability of the assessment performed.  Please refer to the Master Contract for language related to use of the same contractor for assessment and direct services.

Type of Assessment	Qualifications	Allowable Reimbursement
Academic Achievement	Credentialed Special Education Teacher School Psychologist Licensed Educational Psychologist Licensed Clinical Psychologist	$800
Adaptive Behavior	Credentialed Special Education Teacher School Psychologist Educational Psychologist Licensed Clinical Psychologist	$600
Adapted Physical Education	Education Specialist with Adapted Physical Education Authorization	$750
Assistive Technology	Credentialed or Licensed Speech/Language Pathologist Credentialed Assistive Technology Specialist Credentialed Special Education Teacher with appropriate training	$1000
Auditory Acuity or Perception	Licensed Education Audiologist Licensed or Credentialed Speech/Language Pathologist	$350
Central Auditory Processing	Licensed Educational Audiologist	$500
Behavioral- Functional Behavior Analysis	Credentialed Special Education Teacher School Psychologist Behavior Specialist Licensed Educational Psychologist Licensed Clinical Psychologist Licensed Psychiatrist	$2000
Cognitive	School Psychologist Licensed Educational Psychologist Licensed Clinical Psychologist	$750
Health	Licensed Physician; Nurse	$350
Gross/ Fine Motor	Licensed Physical Therapist Registered Occupational Therapist Credentialed Teacher of Physically Impaired	$750
Occupational Therapy	Licensed Occupational Therapist	$1200
Speech and Language	Credentialed or Licensed Speech/Language Pathologist	$1200
Social/ Emotional	School Psychologist Licensed Educational Psychologist Licensed Clinical Psychologist Licensed Psychiatrist	$750
Function Vision	Credentialed Teacher of the Visually Impaired	$350
Vision Perception	School Psychologist	$500
Transition	Education Specialist	$1000
Full Psycho-Educational	Education Specialist Credentialed School Psychologist Licensed Educational Psychologist	$750

 

4.11 Determination of Transportation Services

Definition of Special Education Transportation

Special education transportation is defined in federal regulations (34 C.F.R. § 300.24) as a related service.  As a related service, transportation must be provided if it is necessary for the student to benefit from special education instruction and to receive a FAPE.  

EC 41850(d) defines ‘special education transportation’ as:

1. The transportation of severely disabled special day class pupils, and orthopedically impaired pupils who require a vehicle with a wheelchair lift, who received transportation in the prior fiscal year, as specified in their individualized education program.
2. A vehicle that was used to transport special education pupils.

EC 41850(b) defines "home-to-school transportation services" for pupils with exceptional needs as:

1. The transportation of individuals with exceptional needs as specified in their individualized education programs, who do not receive special education transportation as defined in subdivision (d).

Criteria for Providing Transportation as a Related Service

Students may be eligible for a transportation assessment if they:

1. Are eligible for special education services
2. Have an Individualized Education Program (IEP)
3. Demonstrate a potential need for transportation as a related service

Transportation is provided as a related service when it is necessary for a student to benefit from their special education program, as determined by the student's IEP team. The specific needs of the student are the primary consideration when determining transportation needs.

Best practices for making transportation decisions include:

1. Inviting transportation staff to participate in the IEP meeting when the student:
   1. Requires adaptive or assistive equipment
   2. Needs school bus equipment modifications
   3. Exhibits severe behavioral difficulties requiring a behavior intervention plan
   4. Is medically fragile and requires special assistance
   5. Has other unique needs
2. Considering factors such as:
   1. Medical diagnosis and health needs
   2. Physical accessibility of curbs, sidewalks, streets, and public transportation
   3. Student's capacity to arrive at school safely and on time
   4. Behavior Intervention Plans and their implementation during transportation
   5. Mid-day or other transportation needs as required by the IEP
   6. Extended School Year (ESY) services and transportation needs
3. Evaluating the following specific factors:
   1. Severity of the student's disability and its impact on transportation
   2. Student's ability to function independently and responsibly
   3. Student's education goals for transition from special education or into the community
   4. Least Restrictive Environment (LRE) and promotion of independent living
   5. Adverse impact of long bus rides on the student
   6. General behavior issues
   7. Health and safety of the student

Length of School Day, Related Services, Extracurricular Events

It should be noted that the use of alternative starting times for all special education students at a site can lead to program compliance concerns. Students receiving special education and related services must be provided with an educational program in accordance with their IEP for at least the same length of time as the regular school day for their chronological peer group, unless otherwise stated in a student’s IEP. In addition, there may be occasions where the needs of the student require receiving therapy or some other related service that cannot be provided during the ‘established’ school day. If provisions for ‘early’ or ‘late’ transportation are made for students within the general education program due to extracurricular events, provisions for equal opportunity to these events for students with exceptional needs who require special transportation must also be made. 

Special Education Transportation Options

Special education transportation options may include, but are not limited to the following:

1. Regular school bus with or without accommodations (e.g., student is typically picked up at a designated bus stop, delivered to the student’s assigned school, and returned to the designated bus stop)
2. Special education bus (e.g., student is picked up at home, delivered to assigned school, and returned to home)
3. Public transportation with a reimbursement of the cost to the parents
4. Parent transportation with a reimbursement for mileage (with parent’s voluntary participation)

Specialized transportation, as a related service, must be written on the student’s IEP with specificity and should be approved by the administrator. It is recommended that services be described in sufficient enough detail to inform the parties of how, when, and from where to where transportation will be provided and, where arrangements for the reimbursement of parents are required, the amount and frequency of reimbursement. 

Participation of Transportation Staff in IEP Team Meetings

Effective practice requires that procedures are developed for communication with transportation personnel and that transportation staff are present at IEP team meetings when the student needs the use of adaptive or assistive equipment, when school bus equipment is required to be modified, when the student exhibits severe behavioral difficulties and a behavior intervention plan is to be implemented, when the student is medically fragile and requires special assistance, and/or when the student has other unique needs.

Initiating, Changing, or Canceling Transportation Services

Each LEA is responsible for establishing procedures for initiating, changing, or canceling special education transportation services. These procedures must be designed to respond to the requested action in a timely manner in order to prevent a denial of FAPE. 

Discipline

Each LEA is responsible for establishing appropriate procedures for disciplining students receiving special education transportation who violate bus rules, particularly safety rules. If a student repeatedly violates bus rules, an IEP meeting should be held with the parent/guardian, transportation personnel, site administrator, teachers, and a representative from the LEA. During this meeting, if the student has a behavior intervention plan, the team will review the plan and revise it as necessary. If the student does not have a behavior intervention plan, the team will consider whether one is needed and, if so, develop the plan. 

There may be times when a student may be suspended from special education transportation services. Although a student with disabilities can be suspended from special education transportation services, the student cannot be denied transportation on a permanent basis; an alternative form of transportation must be provided if special education transportation is specified in the IEP. 

(Portions of this section are based upon information provided in the Special Education Transportation Guidelines published by the California Department of Education.)

4.12 Other Assessment Types

If a student receiving speech services is struggling academically in the general education setting, the interventions are to be documented within the IEP. If the team determines that additional assessment is required after minimal success, the psychologist is invited to the IEP in order to develop an assessment plan. 

Assistive Technology

Assistive technology is any tool or device that a student with a disability uses to do a task that they could not otherwise do without it or any tool the student uses to do a task more easily, faster, or in a more efficient way. Assistive technology can be a commercial product or something someone makes. It can be a simple ‘low tech’ device such as a pencil grip or an expensive ‘high tech’ device such as a computer. 

An assistive technology device is any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a student with a disability.

An assistive technology service is any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. 

It is important to understand that Augmentative and Alternative Communication (AAC) devices are a part of Assistive technology. IEP teams should be cautious to ensure they are addressing student Assistive technology needs in all categories and not just communication. 

Assistive Technology (AT) and Augmentative and Alternative Communication (AAC)

Assistive Technology (AT) is a broad term that refers to any device, software, or equipment used to maintain or improve the functional capabilities of individuals with disabilities. It includes a wide range of tools and technologies that support mobility, hearing, vision, communication, and daily living activities.

Consideration of Assistive Technology

The IEP team shall consider whether a student with a disability requires assistive technology devices and services when developing each student’s IEP.

The IEP team shall base its decision on the student’s individual needs and abilities, and shall consider the student’s present levels of academic achievement and functional performance, goals, and services.

The need for assistive technology must be considered at every student’s IEP meeting. Ideally, all members of the IEP team should have at least general knowledge about assistive technology and how it can benefit a study with a disability. Consideration of assistive technology needs is a dynamic and ongoing process, requiring an interdisciplinary team. Collaboration of all members during assessment and implementation is critical for success. 

When an assistive technology assessment is deemed necessary, evaluation by the team, including an individual trained in assistive technology assessments, is recommended. 

Provision of Assistive Technology

If the IEP team determines that a student requires assistive technology devices or services as part of their special education, related services, or supplementary aids and services, the LEA shall ensure that such devices or services are made available to the student at no cost to the parent or guardian.

The LEA shall ensure that assistive technology devices and services are provided in a timely manner, and that students have access to such devices and services across educational settings, including in the home and community when necessary to receive a free appropriate public education (FAPE). 

If a student who requires the use of an assistive technology device enrolls in another LEA within the Lake County SELPA, the two LEAs shall work together to ensure a smooth transition and continuity of services. 

Individuals with Disabilities Education Act (IDEA) (20 U.S.C. 1401(1), 1401(2), 1414[d][3][B][v], 1412(a)(1), 1412(a)(12)(B)(i))

Code of Federal Regulations (34 CFR 300.105)

California Education Code (EC) Section 56040.3, 56341.1(a)(5)

Augmentative and Alternative Communication 

Augmentative and Alternative Communication (AAC), on the other hand, is a specific subset of AT that focuses on communication. AAC includes various methods, devices, and strategies that help individuals with communication disorders express themselves when they cannot do so through traditional spoken language. AAC systems can be low-tech, such as picture boards or communication books, or high-tech, like speech-generating devices or apps. The primary goal of AAC is to enhance an individual's ability to interact with others and participate in daily life activities by providing alternative means of communication.

AAC uses a variety of techniques and tools to help the individual express thoughts, wants and needs, feelings, and ideas, including the following:

• manual signs
• gestures
• finger spelling
• tangible objects
• line drawings
• picture communication boards and letter boards
• speech-generating devices

AAC is augmentative when used to supplement existing speech, alternative when used in place of speech that is absent or not functional, or temporary as when used by patients postoperatively in intensive care.

4.13 Part C to Part B

Part C to Part B Transition Planning

The Transition Plan is part of the Individual Family Support Plan (IFSP). The IFSP Transition team must include the parent, the service coordinator and an LEA representative able to speak with the transition process, assessment and LEA’s services. The Transition Plan may include steps for exit from the Part C program, or steps for continuing services should a child meet eligibility, and appropriate services that will continue through the IFSP, and review program options, assessment and transition process by the LEA.

At least three months or 90 days and not more than nine months prior to a child’s third birthday the local Regional Center/Part C Provider is required to make a referral to the local education agency (LEA) in which the child resides. This process must occur whether the parent wants a transition conference or not in order for detailed records to be shared with the LEA in which the referral is being shared, through the consent to share information process.

• The Lake County SELPA in partnership with Lake County LEAs and the local Regional Center hold regular collaborative meetings to share information about students that are in the process of referral.

At least three months or 90 days and not more than nine months prior to a child’s third birthday the local Regional Center/Part C Provider must, with the permission of the parent, convene a transition conference to discuss current services and provide notice that their child may be eligible for services under Part B. 

• It is expected that a LEA  have representation at the Transition Conference, however, the conference meeting will continue with or without the LEA presence. 
• The LEA should cooperate with the Regional Center/Part C Provider to provide parents and agency staff with information about Part B services (registration process, eligibility determination and assessment process, timelines, procedural safeguards and the continuum of services and related services).

Once the LEA receives a referral from the Regional Center/Part C Provider a Notice of Procedural Safeguards and Prior Written Notice will be provided within 15 calendar days of receipt of the referral, whether or not a Transition Conference has been held. Should the LEA pursue assessment to determine eligibility for Part B services, the LEA will also provide an Assessment Plan to gain consent for assessment. If the LEA determines they will not pursue an assessment, a Prior Written Notice will be provided to the parent stating reasons why an assessment is not being recommended.

By the child’s third birthday, pursuant to IDEA and Education Code, an assessment should be completed by the LEA and an IEP meeting be held to review the assessment results to determine Part B eligibility. The LEA would provide an Offer of FAPE for services and support should the child be eligible for Part B services. The LEA should invite the Regional Center/Part C Provider to the IEP meeting.

FAQs:

• Who is responsible for the assessment if the child resides in District A but attends a public preschool setting in District B boundaries?
  • District A is responsible as the district of residence for the child.
• Who is responsible for the offer of FAPE if a child resides in District A but attends a public preschool setting in District B boundaries?
  • District A is responsible as the district of residence for the child.
• What if the child attends a private preschool?
  • See the Private School section of this document for more information.
• What if a child is TK eligible but the parent chooses to remain in a Preschool setting?
  • The parent has that right, if the child is age eligible. The LEA should still prepare an offer of FAPE and document the offer through the IEP meeting process even if the parent decides not to transition their child to TK. The offer of FAPE should remain in the document should the parent change their mind and enroll in the TK setting.

Desired Results Developmental Profile (DRDP) 

The Desired Results Developmental Profile (DRDP) (2015) will be updated to reflect alignment with the new Preschool / Transitional Kindergarten Learning Foundations and extend to Grade Three. The tool is currently undergoing revision and piloting for wide release to the field in 2026. The new tool will have three versions: DRDP Infant/Toddler (2025), DRDP Preschool, Transitional Kindergarten, Kindergarten (PTK), (2025), and DRDP Preschool- Grade 3 (P-3), (2025).

• The DRDP PTK (2025) will encompass the developmental continuum of children in preschool, Transitional Kindergarten (TK), and Kindergarten in the domains of Social and Emotional Development, Approaches to Learning, Mathematics, Foundational Language Development, English Language Development, Physical Development, Health, and Science. The DRDP (2015) Preschool view domains of History-Social Science and Visual & Performing Arts will still be available for programs to use but are not updated in the 2025 version. The DRDP PTK (2025) tool will also include structured prompts to support rating on two Math measures.
• The DRDP P-3 (2025) is an extended version of the tool and will cover the developmental continuum of birth to Grade Three in the domains of Social and Emotional Development and Approaches to Learning.

For more information, https://www.cde.ca.gov/sp/cd/ci/desiredresults.asp

5.1 General Procedures

Preparing for an IEP Meeting 

Determine type of Individualized Education Program (IEP) meeting being held. Set a meeting date and complete a written notice of meeting to be sent to the educational rights holder. Complete any required formal assessments, gather relevant information from student, teacher, parents, and other service providers. Arrange for an interpreter, if needed. Construct a draft IEP to be used during the IEP meeting. 

Required Team Members

Each meeting to develop, review, or revise the IEP of an individual with exceptional needs shall be conducted by an IEP team. The IEP team shall include all of the following (EC 56341 (a)(b 1-7): 

1. One or both of the pupil’s parents, a representative selected by a parent, or both, in accordance with the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et. seq.)
2. Not less than one regular education teacher of the pupil, if the pupil is, or may be, participating in the regular education environment. If more than one regular education teacher is providing instructional services to the individual with exceptional needs, one regular education teacher may be designated by the local education agency to represent the others. 

The regular education teacher of an individual with exceptional needs, to the extent appropriate, shall participate in the development. review, and revision of the pupil’s individualized education program, including assisting in the determination of appropriate positive behavioral interventions and supports and other strategies for the pupil, and the determination of supplementary aids and services, program modifications, and supports for school personnel that will be provided for the pupil, consistent with Section 1414(d)(1)(A)(i)(IV) of Title 20 of the United States Code. 

1. Not less than one special education teacher of the pupil, or if appropriate, not less than one special education provider of the pupil. 
2. A representative of the local educational legacy who meets all the following criteria: 
   1. Is qualified to provide, or supervise the provision of, especially designed instruction to meet the unique needs of individuals with exceptional needs. 
   2. Is knowledgeable about the general curriculum. 
   3. Is knowledgeable about the availability of resources of the local educational agency. 
3. An individual who conducted an assessment of the pupil or who is knowledgeable about the assessment procedures used to assess the pupil, and is familiar with the assessment results or recommendations. The individual shall be qualified to interpret the instructional implications of the assessment results. The individual may be a member of the team described in paragraphs two to six. 
4. At the discretion of the parent, guardian, or LEA, special education local plan area, or county office, other individuals who have knowledge or special expertise regarding the pupil, including related services personnel, as appropriate. The determination of whether the individual has knowledge or special expertise regarding the pupil shall be made by the party who invites the individual to be a member of the individualized education program team. 
5. Whenever appropriate, the individual with exceptional needs. 

Preparing the IEP Document

Information Eligibility Page

The Information Eligibility Page provides important information that documents the following: 

• Dates so teams can follow timelines for holding plan reviews and eligibility evaluations 
• Purpose of the meeting (Plan Review, Eligibility Evaluation, etc.)
• various student and demographic information
• eligibility and how the students disability impacts participation in general education

Individual Transition Plan (required by age 16)

• If appropriate, has the student been invited to participate in the IEP meeting
• If appropriate and agreed upon, have relevant outside agencies been invited to the IEP meeting
• Results of transition assessments
• Student’s post secondary goal for training or education
• Student’s post secondary goal for employment
• Student’s post secondary goal for independent living (if appropriate)
• Student’s course of study and graduation requirements
• Student’s current track (diploma, alternative diploma, alternate pathway, certificate of completion)
• Age of majority
• Conservatorship
• Review of transition plan

Present Levels  

Legal requirements: EC 56341.1

1. When developing each pupil’s individualized education program, the individualized education program team shall consider the following: 
   1. The strengths of the pupil.
   2. The concerns of the parent or guardians for enhancing the education of the pupil.
   3. The results of the initial assessment or most recent assessment of the pupil.
   4. The academic, developmental, and functional needs of the child. 

The present levels section delineated the student’s skill level in various areas. It provides a snapshot of the student’s current levels and areas of need and provides the foundation for the rest of the IEP. Information on the present levels triggers the requirements for goals. The present levels pages provide important information on the following areas:

• Student strengths, preferences, and interest
• Parent concerns related to educational progress
• Testing results
• Alternate assessment guidance tool attached (if applicable)
• Pre Academic/ Academic/ Functional, which provides a description of student’s academic functioning at the present time, skills described in relation to classroom performance, and student academic strengths and difficulties directly related to documented goals
• Communication Development
• Gross/ Fine Motor
• Social/Emotional/Behavioral 
• Vocational
• Adaptive/ Daily Living Skills
• Health, which includes the following: a health plan and/or seizure action plans. 
• Educational Benefit/ Goals, which addresses areas of need addressed by goals. 

Special Factors 

The Special Factors page includes a variety of factors which may impact the student, including: 

• The need for assistive technology
• The need for low incidence services
• Considerations if the student is blind or visually impaired
• Considerations if the student is deaf or hard of hearing
• a description of supports for instruction for English Learners with disabilities
• and information regarding the student’s behavior, including whether the student’s behavior impedes the learning of self or others and a description of current interventions

Statewide Assessments

The Statewide Assessment section documents that statewide assessments the student will be taking and any other accommodations or other allowed supports that the student will be offered on each assessment. 

Goals

The Goals section provides measurable data points to determine if the student is making appropriate growth. The goal includes short term objectives that are reported on several times a year to inform parents of a student's progress. The progress monitoring supports the IEP team in determining if the current supports and services are working effectively for the student in meeting their educational needs. Progress monitoring can determine needed adjustments, if indicated that they are making too little or no progress in certain areas, or if the student is reaching goal targets too easily. 

The Goals section should include goals for every area of need identified on the present levels. The Present Levels page documents the student’s current skill levels in several educational areas, therefore identifies deficits. Legally defensible goals are contingent upon having accurate present levels of performance. Per California Code of Regulations, IEPs must “show a direct relationship between the present levels of performance, the goals and objectives, and the specific educational services to be provided.” The present levels of performance delineate the student’s skill levels in various areas, and identify areas of need. These areas of need prompt the development of goals to address those needs in order for the student to make meaningful progress. For every goal that is developed, there should be related programming in the form of services and/or support to enable the student to make progress. There must be alignment from the present levels, goals, and services. Cal. Code Regs. Tit. 5, § 3040

IEPs must include a statement of measurable annual goals, including academic and functional goals designed to - 

1. Meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; and
2. Meet each of the child’s other education; needs that result from the child’s disability.

34 CFR 300.320 (2)(i)(A)(B);EC 56345 (2)(A)(B)

 

Goals help determine whether a placement is appropriate. Goals make it possible to determine the appropriateness of services, support, and placement. Meaningful progress on goals suggests that the student’s program is working. 

The IEP must describe how the student’s progress toward meeting the goals will be measured and when periodic reports will be provided to parents. EC 56345 (A)(3). 

Goal Elements: 

Area of Need: Indicate area of educational need that have been identified by the IEP team based on assessments and present levels of academic achievement. There must be a corresponding goal for every identified area of need. 

Baseline: Specify the student’s baseline performance. The baseline should describe the child’s current performance on the skills identified in the goal. The baseline should be a quantifiable description of classroom performance in the specified area. The baseline should align with the Present Levels of Performance. Baseline data should be comparable with the criterion in the goal so that growth may be determined. 

Purpose(s) of Goal: Annual academic goals must be based on a grade level general education standard, so that standard should be indicated here. If the goal is not an academic goal, then you will check the box “addresses other educational needs”. You must check one of the two boxes, but not both boxes. 

• A goal must be aligned to a state standard because it helps the student access and move towards mastery of that grade level standard. Issues can sometimes arise when writing goals for students whose functional skills are significantly below grade level. Remember that IEPs generally guarantee access to the general education curriculum. Depending on the student's disability, needs, and unique circumstances, the student may access the general education curriculum in different ways that are tailored to the individual student. 

Person Responsible: Indicate, by title, who will support and/or serve the student in making progress on the goal. This can include, but is not limited to, the following: Education Specialist, General Education Teacher Speech Language Pathologist, Counselor, etc. It is not our recommendation to include a parent as a responsible person, as it is the responsibility of the school district to provide Free and Appropriate Public Education. It is also not our recommendation that the student be listed as a responsible person.

Offer of FAPE - Service

This section of the IEP is part of the Offer of FAPE that a school district is compelled to make for every student that qualifies for special education services. 

• Document all placement options considered
• Document discussion related to selecting LRE for the student and note considerations given to any potential harmful effect on the child or on the quality of services that he or she needs. 
• Consider supports that the student requires to access education and meet educational needs.
• Program Accommodations (Accommodations do not significantly alter the curriculum content. Accommodations should promote access to core curriculum)
• Program Modifications (Modifications alter or lower the standards and expectations of Common Core content standards)
• Other Supports for School Personnel, or for Student, or on Behalf of Student 
• All services must have start and end dates, duration, and frequency
• Discuss transportation eligibility
• Clarify type of transportation
• Discuss ESY qualification 
• Complete ESY Worksheet as needed, and attach to IEP

Offer of FAPE - Educational Setting 

This section documents the recommended placement for the student. 

• Physical Education- Check type, if applicable
• Are Services provided at residence school? If not, rationale must be provided
• Preschool Program setting (If Applicable)
• Program Setting
• Select Setting
• Calculate time out of the General Education Setting (See Percent In/Out Calculator in Document Library in SEIS)
• Plan Effective Date ( This is the date that the Parent/Guardian consents to the IEP)
• Document the general education environments where students will not participate with typically developing peers: Provide rationale for non-participation
• Other Agency Services- Note other agency services child is receiving
• Promotion criteria
• Parents will be informed of progress and how
• Activities to support transition (ANY transition)
• Emergency Circumstances Program
• Specialized Academic Instruction and Related Services
• Select Service to be provided
• Group or Individual
• Frequency (how often)
• Duration (how long)
• IEP Goal(s) that will be worked on
• Service Delivery Method(s)
• Transition Services (if applicable)
• Extended School Year Services ( If applicable)
• Supplementary Aids and Services (if applicable)

According to Title 34 Code of Federal Regulations 300.320, an Individualized Education Program (IEP) is defined as follows (* INDICATES WHERE TO FIND ON THE IEP FORM) :

1. General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§ 300.320 through 300.324, and that must include – (*Information/Eligibility page) 
2. A statement of the child's present levels of academic achievement and functional performance including:
   1. How the child's disability affects the child's involvement and progress in the general education curriculum(i.e., the same curriculum as for nondisabled children); or 
   2. For preschool children, as appropriate, how the disability affects the child's participation in appropriate activities; (*Present Levels of Academic Achievement and Functional Performance page)
3. A statement of measurable annual goals, including academic and functional goals designed to:
   1. Meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and
   2. Meet each of the child's other educational needs that result from the child's disability; (*Goals page)
      1. For children with disabilities who take alternate assessments aligned to alternate academic achievement standards, a description of benchmarks or short-term objectives; (*Statewide Assessments page)
4. A description of -
   1. How the child's progress toward meeting the annual goals described in paragraph (2) of this section will be measured; and (*Goals page)
   2. When periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided; (*Goals & Offer of FAPE- Educational Setting page)
5. A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child – (Offer of FAPE- Service page)
   1. To advance appropriately toward attaining the annual goals;
   2. To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and 
   3. To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section; 
6. An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in paragraph (a)(4) of this section; (Offer of FAPE- Educational Setting page)
7. A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and LEA wide assessments consistent with section 612(a)(16) of the Act; and
   1. If the IEP Team determines that the child must take an alternate assessment instead of a particular regular State or LEA wide assessment of student achievement, a statement of why -
   2. The child cannot participate in the regular assessment; and
   3. The particular alternate assessment selected is appropriate for the child; and (*Statewide Assessments page)

The projected date for the beginning of the services and modifications described in paragraph (a)(4) of this section, and the anticipated frequency, location, and duration of those services and modifications.

Offer of FAPE- Service page

1. Transition services. Beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, and updated annually, thereafter, the IEP must include -
2. Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills; and
3. The transition services (including courses of study) needed to assist the child in reaching those goals.
   1. Transfer of rights at age of majority. Beginning not later than one year before the child reaches the age of majority under State law, the IEP must include a statement that the child has been informed of the child's rights under Part B of the Act, if any, that will transfer to the child on reaching the age of majority under § 300.520. (Individual Transition Plan page)
   2. Construction. Nothing in this section shall be construed to require -
4. That additional information be included in a child's IEP beyond what is explicitly required in section 614 of the Act; or

The IEP Team to include information under one component of a child's IEP that is already contained under another component of the child's IEP. (Notes page)

Prior Written Notice (PWN)

A Prior Written Notice is a legal requirement per IDEA and a protection afforded to parent(s) per their Procedural Safeguards. IDEA included prior written notices as a measure to ensure that parent(s) have adequate notification and understanding of special education decisions made about their student, including elements of a Free Appropriate Public Education (FAPE).

A Prior Written Notice is a written document that must be given to parents when the LEA is proposing or refusing a change in the student’s program. Components of the Prior Written notice include a description of the action, an explanation of the action, basis for the action, procedural protections, sources for assistance, other options considered, and other relevant factors. 

When must a PWN (Prior Written Notice) be required:

A Prior Written Notice letter is a document that is required following the proposal and/or refusal related to the initiation or change in the identification, evaluation, educational placement, or offer of FAPE(34 CFR §500.503)? (PWN page)

An Individualized Education Program (IEP) team may make decisions regarding the identification of a student including, but not limited to: 

• Determination of initial identification (eligibility) for special education 
• Refusal to identify a student as eligible 
• Changing the identification of a student (eligibility category) 
• Termination of identification (student no longer found eligible) 

An IEP team may make decisions regarding the evaluation of a student including, but not limited to: 

• Requesting consent for initial evaluation 
• Requesting consent for reevaluation 
• Refusal to conduct an evaluation requested by parent(s)/guardian(s) 
• Proposal or refusal to provide a requested independent educational evaluation (IEE)

An IEP team may make decisions regarding the placement of a student including, but not limited to: 

• Offering initial placement 
• Proposing a change in educational placement 
• Refusal to change placement as requested by parent(s)/guardian(s) 
• Termination of special education placement due to a student being found no longer eligible 
• Proposal or refusal to offer placement to parent(s)/guardian(s)who has unilaterally placed a student with an IEP in a residential facility or nonpublic school 

Graduation with a regular high school diploma is also considered a change of placement, though not through an IEP team decision, thus requiring the provision of prior written notice (EDC §56500.5). Additionally, any disciplinary removal of more than 10 consecutive days or a series of removals accumulating more than 10 days is considered a change of placement, triggering the prior written notice requirement (34 CFR §300.530(h)). 

An IEP team may make decisions regarding the provision of FAPE to a student including, but not limited to: 

• Changes in IEP services, including addition, deletion, change in minutes, frequency, location, or refusal to change a service 
• Changes in accommodations/modifications or refusal to change per parent/ guardian request 
• Change(s) in annual goals or refusal to change goals per parent/ guardian request 
• Changes in how a student will participate in statewide and districtwide assessments 
• Refusal to provide a specific instructional methodology requested by a parent/ guardian

What are the required elements of a Prior Written Notice? 

To be considered compliant, a Prior Written Notice must include seven required elements (34 CFR §300.503), including: 

• A description of the action proposed or refused by the LEA/district; 
• An explanation of why the LEA/district proposes or refuses to take the action; 
• A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action; 
• A statement that the parent(s) of a student with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; 
• Sources for parent(s) to contact to obtain assistance in understanding the provisions of this part; 
• A description of other options considered by the IEP Team and the reason why those options were rejected; and 
• A description of the factors that are relevant to the LEA’s/district’s proposal or refusal.

Any changes made to FAPE in an IEP or through the amendment process also generate the requirement to provide prior written notice. 

Parent(s) may submit a letter revoking consent for special education services when they no longer wish for their student to receive special education services or be considered a student with a disability. The LEA/district must terminate the provision of special education services upon receipt of a revocation of consent, thus generating the requirement to provide prior written notice (EDC §56346(d)). When the LEA/district receives revocation of consent from the parent(s), they may not be required to attend any additional meetings, and are not required to provide an explanation for their request. The U.S. Department of Education requires that the LEA/district “promptly” respond to parent(s) written revocation letter with prior written notice (34 CFR §300.503). Prior written notice must be provided prior to ending any services, and allow parent(s) the opportunity to consider the change(s) that will result from revoking consent.

What are the required elements of a Prior Written Notice? 

To be considered compliant, a Prior Written Notice must include seven required elements (34 CFR §300.503), including: 

• A description of the action proposed or refused by the LEA/district; 
• An explanation of why the LEA/district proposes or refuses to take the action; 
• A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action; 
• A statement that the parent(s) of a student with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; 
• Sources for parent(s) to contact to obtain assistance in understanding the provisions of this part; 
• A description of other options considered by the IEP Team and the reason why those options were rejected; and 
• A description of the factors that are relevant to the LEA’s/district’s proposal or refusal. 

In addition to including these elements, the Prior Written Notice letter must be provided in a language that is understandable to parents and the general public and should be provided in the native language or another mode of communication of the parent unless it is not feasible to do so.

PWN Timelines

Though there are not any specific timelines around when to provide prior written notice, it must be provided “within a reasonable timeline prior to action” (34 CFR 300.503(a)). This means prior written notice must be given to parents in a reasonable time before the LEA/district implements that action, but after the LEA’s/district’s decision on the proposal or refusal has been made. It is recommended that the LEA/district use their best judgement when considering the timeline for providing a Prior Written Notice letter. It should be provided after the meeting but soon enough so that a parent has time to review and provide a response prior to the change in the IEP taking place.

Does the LEA/district document that prior written notice has been provided? 

IDEA does not require that a parent acknowledge receipt of a Prior Written Notice letter. Since the LEA/district will not receive copies of a Prior Written Notice letter with parent signatures or other conformations of receipt, it is recommended that the LEA/district develops a system and record-keeping mechanism to document that the Prior Written Notice letters have been provided. 

Consequences of Failing to provide Prior Written Notice:

• Can be considered a violation of the Individuals with Disabilities Education Act (IDEA)
• Potentially leading to legal action from parents, including the ability to file a due process complaint, where the school district could be required to provide compensatory education to the student if the lack of PWN significantly impacted their educational opportunities
• Essentially, the school could be found not providing a "Free Appropriate Public Education" (FAPE) to the child

Special Education Timelines in California

Initial Assessment and IEP Development
Service/Obligation	Timelines	Exceptions. Notes/ Consideration	Authority/ Education Code
Propose an assessment plan for initial assessment.	15 Calendar days from date of referral.	• Tolled for school breaks in excess of 5 school days.  • If a referral received 10 days or fewer before the end of school year, then due within first 10 days of next school year.  • Note: Attach procedural safeguards notice to proposed assessment plan	EC 56043(a)  EC 56321(a)
IEP Team meeting to review initial assessments.	60 calendar days to determine the student's eligibility and areas of need after receipt of parent consent to assessment plan. Recommended: Complete the student's initial IEP in its entirety within 60 days unless one of the exceptions above applies.	• Tolled for school breaks in excess of 5 school days  • If a referral received 30 or fewer before the end of school year, then due within 30 days of next school year. • Timeline does not apply if a student enrolls in another LEA.  • Timeline does not apply if a student is not made available.	EC 56043(c) EC 56302.1  EC 56344(a)
Applicable to All IEPs
Notify parents of the IEP team meeting (send IEP meeting notice).	"Early enough to ensure an opportunity to attend" the IEP meeting.	None.	EC 56043 (e)  EC 56341.5(b)
Notice of procedural safeguards	• Inform parents of procedural safeguards "at each" IEP meeting.  • Give a copy of the notice to parent(s) at least once each school year.	None.	EC 56500.1 34  CFR 300.504
Implement the IEP.	“As soon as possible” after receipt of parent consent to the IEP	None.	EC 56043(i)  EC 56344(b)
Progress reports on IEP goals provided to parent(s).	Per the IEP.	None.	EC 56345(a)(3)
Re-Assessment
Triennial eligibility review.	Every 3 years based on the date of the last eligibility review.	• May occur more frequently if necessary, but no more than once per year unless the parties agree.  • Parents and LEA may agree in writing that triennial assessments are not necessary. They may also agree to limit the scope of the review.  • Recommended: Begin triennial assessment process at least 60 days prior to the triennial review.	EC 56043(k)  EC 56381
Propose assessment plan for re-assessment.	15 calendar days from the date of referral.	• Tolled for school break in excess of 5 school days.  • If a referral received 10 days or fewer before the end of school year, then due within first 10 days of next school year.  • Note: Attach procedural safeguards notice to assessment plan.	EC 56043(a)  EC 56321(a)
Parent consent to proposed assessment plan	At least 15 calendar days after receipt of the proposed assessment plan	None.	EC 56043(b)  EC 56312 (c)(4)
Additional IEP Meetings
Annual IEP team review.	Not longer than 12 months from the date of the last annual IEP.	None.	EC 56043 (d), (j)  EC 56343 (d)  EC 56380
IEP team meeting to review re-assessment (including triennial assessments).	60 calendar days after receipt of parent consent to the assessment plan.	• Tolled for school breaks in excess of 5 schooldays.  • If a referral is received 30 days or fewer before the end of the school year, then it is due within the first 30 days of next school year.	EC 56043(f)(1)  EC 56343(a)  EC 56344(a)
IEP meeting to review student’s lack of anticipated progress.	No statutory timeline.	Consider: Convene the IEP team within 30 days after determining that the student is demonstrating a lack of anticipated progress.	EC §56343(b)
Transition Planning Requirements
Individual transition plan (ITP) in IEP.	Must be in IEP when the student turns 16.	Note:  Must be reviewed annually.	EC §56043(g)(1), (h)  EC 56341.5(e)  EC 56345(a)(8)
Transition Assessment	Annually	“Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills.” (Emphasis added.)	EC §56345(a)(8)(A)
Student informed of transfer of rights at age 18.	Must be in IEP when the student turns 17.	Remember: “The more, the merrier.”  There is no harm in informing a student more than one time.  Document each notice.	EC §56041.5  EC §56043(g)(3)   EC §56345(g)
Notice to parent/guardian of student’s graduation from high school with diploma.	“Reasonable prior written notice” must be provided.	None.	EC §56500.5
Transfer of Student Mid-Year
Within SELPA	Comparable unless new IEP developed	• “Comparable to those described in the existing approved” IEP  • Unless parent/guardian and LEA agree to develop a new IEP.	EC §56043(m)(2)  EC §56325
From another SELPA in California	Comparable with review not to exceed 30 days	• “Comparable to those described in the previously approved” IEP.  • In consultation with parent/guardian.  • At 30 day review, adopt previous IEP or develop new IEP.	EC §56043(m)(1)  EC §56325
From out of state	Comparable until assessed	• Comparable services to those described in previously approved IEP  • In consultation with parent/guardian  • Until LEA conducts assessment.	EC §56043(m)(3)  EC §56325
Independent Educational Evaluations (IEE)
Respond to a request for IEE	No specific statutory timeline but must respond without unnecessary delay.	• Fund or file rule.  • “Unnecessary delay” is not defined in the law and is highly fact specific.	EC §56329(b), (c) 34 CFR §300.502(b)
Discipline
Provide parent/guardian with notice of change of placement and copy of procedural safeguards.	The day decision is made to remove students for disciplinary purposes for >10 schooldays.	Note: Include a copy of notice of parent/guardian rights.	34 CFR §300.530(h)
Conduct a manifestation determination review.	Within 10 schooldays after the decision is made to remove students for disciplinary purposes for >10 schooldays.	None.	34 CFR §300.530(e)
Student Records/ Record Request
Provide parent/guardian with copies of student records.	After an oral or written request:  • Within 5 business days • “Before” any IEP meeting or resolution session.	Note:  Unless expressly limited by court order, a parent without legal custody may still access student records (See, e.g. California Family Code §3025).	EC §56043(o) EC §49069.5(d) EC §49076(a)(1)(B)
Provide new LEA with special education records.	• Within 5 business days  • Within 2 business days for foster youth	• Consent of parent/guardian not required. • Request from receiving LEA is not required. • Transfer for foster youth is mandatory.	EC §56043(o) EC §49069.5(d) EC §49076(a)(1)(B)
Request student records from former LEA	• Reasonable time	None.	EC §56043(l)(4)

5.2 Extended School Year

Extended School Year (ESY) is a related service that is provided by the LEA, determined through an IEP team, provided to students with disabilities that extend beyond the regular school year at no cost to the parent/guardian. 

Each public agency must ensure that ESY services are available as necessary to provide FAPE. ESY must be provided only if a child’s IEP Team determines that the services are necessary for FAPE. (34 C.F.R. § 300.309(a)(1)(2))  

 

Pursuant to 34 C.F.R. section 300.106:

• Extended year special education and related services shall be provided by a school district, SELPA, or county office offering programs during the regular academic year. 
• Individuals with exceptional needs who may require an extended school year are those who:
  • Are placed in special classes; or
  • Are individuals with exceptional needs whose IEPs specify an extended year program as determined by the IEP team.
• The term “extended year” means the period of time between the close of one academic year and the beginning of the succeeding academic year. The term “academic year” means that portion of the school year during which the regular day school is maintained, which period must include not less than the number of days required to entitle the district, special education services region, or county office to apportionments of state funds.
• An extended year program shall be provided for a minimum of 20 instructional days, including holidays.
• An extended year program, when needed, as determined by the IEP team, shall be included in the pupil’s IEP.
• See the CCR for average daily attendance revenue qualifications if interested.

 

The IEP Team will consider the following, non-exhaustive list,  in order to designate a student as requiring ESY as part of FAPE: 

• regression of recoupment (5C.C.R. Section 3043)
• ability to regain skills after extended breaks from school
• loss of previously taught skills and an inability to regain those skills during interruptions during the regular school year
• is the student at a crucial stage of learning
• ability to maintain the skills identified without ESY? 
• requirement of ESY to continue to achieve at the level of independence that is expected in view of the student’s disabling condition

In addition to considering the above factors, the IEP team must: 

• Provide data to support their decision 
• Complete the ESY eligibility worksheet in SEIS

5.3 Emergency Contingency Plans

Per California Senate Bill 98 and EDC §56345 (a)(9)(A), an IEP must include a Special Education Contingency Plan. This plan provides information regarding special education and related services while a Local Education Agency (LEA) is physically closed for more than 10 school days due to an emergency circumstance but continuing to provide instruction. 

The Special Education Contingency Plan must include the following: 

• Special Education and related services 

• Supplementary aides and services 

• Transition services, as defined in EDC §56345. 

• Extended School year services pursuant to Section 300.106 CFR. While the information in this plan may come from the student’s individualized education program (IEP), it is not intended to serve as, or to permanently replace, the most recent agreed upon IEP. 

The Special Education Contingency Plan is intended to document temporary services that will be delivered so that there is clarity for both the parents/guardians and educators during school closures. LEAs must coordinate with a student’s parents/guardians in the completion of this document, and it must be individualized for each student.

5.4 Types of IEPs

Initial: to determine if a student meets state eligibility criteria to receive special education services. 

Interim Placement: typically titled the “30-day IEP,” this IEP meeting is convened to determine services, supports, and placement of a student within thirty (30) days of entering the LEA with a preexisting IEP from another LEA. Interim and comparable services are offered by the LEA office upon the initial enrollment of the student into the LEA and an interim IEP meeting convenes within thirty (30) days of enrollment/placement. 

*The Interim Placement 30-day IEP is completed solely through the Amendment IEP process. If student is new to the Special Education Information System (SEIS) then the case carrier must execute the following three (3) steps prior to holding the 30-Day/Interim Placement IEP Amendment:

NON SEIS student process/out of state IEP

1. Go to the Future IEP section.
2. Affirm and attest an Annual IEP: affirming only the Information and Eligibility and Notes pages of the IEP document. In the Notes page indicate the following (cut & paste the following statement): 

“This IEP entry was generated and affirmed to establish IEP dates within the Special Education Information System (SEIS) software, as the student’s current IEP information is not present on 

SEIS. An IEP amendment will be held following this entry, in order to complete the 30-day/Interim Placement review accordingly.”

3. Open an amendment to the aforementioned affirmed/attested Annual IEP and complete the 30-Day/Interim Placement IEP Amendment as normal; ensuring that all relevant IEP document forms/pages are accurately updated and affirmed.
4. If progress needs to be written on the student’s current goals, it is recommended to enter their goals as well. Affirm goal progress before affirming and attesting.
5. Should the Case Manager want to deliver the Plan Review at the same meeting as the 30-day (instead of holding it later), he or she needs to Affirm/Attest the 30-day (without making Plan Review changes), then open a new future for the Plan Review, make the changes at that time, then Affirm/Attest. Put notes in the 30-day meeting. 

Annual/Review of Progress: according to California Ed. Code Sec. 56343, the IEP team is required to meet at least annually, to review the pupil’s progress, the individualized education program, including whether the annual goals for the pupil are being achieved, and the appropriateness of placement, and to make any necessary revisions.

Triennial: The Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004) requires that all students receiving special education services be reevaluated at least once every three years. (Reference: 34 CFR 300.303, 34 CFR 300.304, 34 CFR 300.305(a)(1), 34 CFR 300.305(2)(c).). 

Amendment/Requested: This type of IEP typically occurs when an educational rights holder (parent/guardian/adult student) or other IEP team member would like to reconvene to address a specific matter regarding the student’s IEP which could include but is not limited to the following:       

• Amend specific services, supports, and placement within the current IEP
• Address specific concerns in regard to progress, behavior, health/safety, etc. 
• Review assessment results that were conducted outside of the initial, annual, or triennial review process

Manifestation Determination: under the provisions of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004), a manifestation determination review must take place when a special education student is recommended for suspension in excess of 10 days or a pattern of removal, which would constitute a change of placement, or when the student is recommended for expulsion. It is important to consider the student’s history/pattern of suspensions. The purpose of the manifestation determination review is to enable the Individualized Education Program (IEP) team to determine if the conduct in question was caused by or had a direct and substantial relationship to the child’s disability, or if the conduct in question was the direct result of the local educational agency’s failure to implement the IEP. If the IEP team determines the behavior was a manifestation of the child’s disability or the direct result of the local educational agency’s failure to implement the IEP, the student cannot be disciplined for the behavior in question. The manifestation review should take place as soon as possible, but not later than 10 school days after the decision to change the placement is made. Parents must be notified of the disciplinary recommendation, and all procedural safeguards, including IDEA 2004 rights, are provided along with the IEP notice. (Reference: 34 CFR 300.530(e)(f), 34 CFR 300.532, 34 CFR 300.533.)

5.5 Notice of Procedural Safeguards

Summary of Procedural Safeguards

The school must provide parents with a written notice of their procedural safeguards under IDEA any time they propose or refuse to initiate or change the identification, evaluation, or placement of a child.

The notice explains the parental rights and protections guaranteed by IDEA, including;

Summary of parental rights

• The right to participate in all meetings and make decisions about their child's evaluation, identification, and educational placement. (20 USC Section 1414; 34 CFR Section 300.321; EC Section 5634, and EC Section 56343)
• The right to have access to all of their child's educational records. (EC sections 49060, 56043, 56501, and 56504)
• The right to request independent educational evaluations at district expense. (20 USC section 1415; 34 CFR Section 300.502; EC Section 56329)
• The right to file a due process complaint and request a due process hearing to resolve disputes. (20 USC Section 1415; 34 CFR Section 300.507; EC sections 56501 and 56505)
• The right to appeal disciplinary actions taken against their child. (20 USC Section 1415; 34 CFR Section 300.531)
• The right to receive all information in their native language/mode of communication. (34 CFR Section 300.304; EC Section 56321)

What else do the procedural safeguards do?

The notice also outlines the procedures for filing complaints, requesting mediation, and requesting due process hearings.

The safeguards ensure parents are fully informed of and able to enforce their child's right to a free appropriate public education under special education law. Receiving the notice of safeguards helps parents understand and protect their child's educational rights.

In summary, the notice of procedural safeguards outlines the legal protections and rights guaranteed to parents under IDEA to meaningfully participate in the special education process and advocate for their child.

When should parents receive the procedural safeguards?

• Upon initial referral or parent request for evaluation (34 CFR §300.504)
• Upon receipt of the first state complaint or due process complaint in a school year (34 CFR §300.507)
• When a decision is made to take a disciplinary action that constitutes a change of placement (34 CFR §300.530)
• Upon request by a parent (34 CFR §300.504)
• At least once per year (California Education Code Section 56301)
• Upon initial referral for special education and related services (California Code of Regulations Title 5 Section 3023)
• The first time in a school year when a parent requests a due process hearing (California Code of Regulations Title 5 Section 3023)

The most recent updated Notice of Procedural Safeguards can be found on California’s Department Education website. Linked here for both English and Spanish versions. (Notice of Procedural Safeguards). 

5.6 Free Appropriate Public Education (FAPE)

Federal and State law says that school LEAs must provide every individual with exceptional needs who is eligible to receive special education instruction and related services with a free appropriate public education (FAPE). FAPE refers to special education and related services that: 

• are provided at public expense, under public supervision and direction, without charge
• meet the standards of the State educational agency
• include an appropriate preschool, elementary school, or secondary school in the State involved
• are provided in conformity with the individualized education program 

20 U.S.C. § 1401(9); 34 C.F.R. § 300.17; CA. Educ. Code § 56040

 

5.7 Least Restrictive Environment and Determination of Educational Benefit

Least restrictive environment (LRE) is a guiding principle in the Individuals with Disabilities Education Act (IDEA). LRE plays a critical role in determining not only where a student will spend their time in school and also how special education services will be provided. 

Specifically, the LRE requirement within IDEA requires that:         

• Students with disabilities receive their education alongside their peers to the maximum extent appropriate 
• Students should not be removed from the general education classroom unless learning cannot be achieved even with the use of supplementary aids and services.
• LRE is determined on a case-by-case basis during the development of a student’s individualized education program (IEP). 

During this process, the IEP team—a multidisciplinary group of professionals and the student’s parents/guardians—discuss what individualized program of services and supports the student requires based on their present levels of performance and areas of strengths and needs. These services and supports should enable the student to: 

• Make progress toward meeting identified academic or functional annual goals 
• Be involved and make progress in the general education curriculum, as well as to participate in extracurricular (e.g., drama club) and other nonacademic (e.g., a school football game) activities 
• Take part in these activities with other students, both with and without disabilities 

The term “environment” in least restrictive environment can be interpreted to imply that LRE is a place or location. In fact, LRE does not merely refer to a particular setting. Rather, identifying the LRE involves making program decisions about what services and supports a student needs to be successful and where and how those services and supports can be provided effectively.

*IDEA is the law guaranteeing students with disabilities the right to a free appropriate public education (FAPE) that meets their individual needs.

 

Case law to consider:

 

According to Rowley v. Board of Education (458 U.S. 176, 1982), an appropriate educational program must be designed to meet the student’s unique needs and reasonably calculated to provide the student with some (meaningful) educational benefit.

Moreover, under Endrew F. v. Douglas County School District (2017), the U.S. Supreme Court ruled in favor of a higher standard of education for children with disabilities. The court’s decision increases the education expectations for children with disabilities and requires schools to consider each child’s individual strengths and weaknesses when writing an IEP; schools can no longer provide a “one-size-fits-all” IEP. Requiring “more than de minimis” or anywhere above trivial educational benefit.

5.8 Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR) is a process for resolving conflicts, one that respects the dignity of individuals while creating mutually satisfying solutions. ADR uses communication, collaboration, negotiation and mediation to produce an agreement that meets the needs of the parties involved before disagreements become disputes.

It is the goal of SELPA to meet the needs of all students and involve their parents in planning and decision making. When a disagreement or conflict exists, it is to the advantage of all parties to resolve the dispute at the earliest level of intervention and in the timeliest manner. The local education agency is committed to the prevention and early resolution of disagreements involving assessment, identification, placement, and services to individuals with exceptional needs.

What is Alternative Dispute Resolution (ADR)? 

Alternative Dispute Resolution (ADR) is a voluntary process for resolving conflicts in special education in a neutral, respectful, and compassionate setting. It utilizes transparent communication, collaboration, and mediation to reach a fair agreement that aligns with the interests of all parties. This process encourages parties to reach innovative and mutually acceptable solutions to resolve their issues. 

How to get started

Complete the Google intake form of the ADR tab found at www.lakecoe.org/selpa. If you are unable to access the form via the Internet, call (707) 262-4131 for assistance. 

Services SELPA Provides

Neutral SELPA Case Review: A neutral party review that may include records review, observation of student and/or environment, and/or verbal communication to provide an analysis of the current area of concern. 

Neutral SELPA IEP Support: Recommended when the IEP meeting would benefit from the added support of a neutral party to ask for clarification and to ensure positive reciprocal communication. 

SELPA Facilitated IEP: A neutral SELPA team member will facilitate a formal IEP meeting to address concerns related to the IEP and support in reaching a mutually agreeable solution. 

Benefits of ADR

FREE: ADR provides neutral services at no cost to interested parties. 

CONFIDENTIAL: The ADR process is voluntary and confidential. 

COLLABORATIVE RESULTS: Families and districts work together to reach mutually acceptable solutions. 

INDIVIDUALIZATION: The ADR process is individualized to meet the unique needs of all involved parties.  

LEGAL SAFEGUARD: Families maintain rights to due process under the Individuals with Disabilities Act (IDEA)

The Lake County SELPA recommends making contact with your child’s administrative staff first with any questions or concerns about your child’s special education programming. Best practices to prevent conflicts include: 

1. Speak to the parent as soon as possible to find out about the issues. 

2. Set and use an agenda at the IEP meeting 

3. Establish ground rules prior to the IEP meeting starting

4. Check in with parents and school staff to assure everyone feels heard
 

5.9 Interpretation and Translation

Per 34 CFR 300.322 (e) and EC 56341.5 (i), we are required to ensure that the parent understands the proceedings at the IEP meeting.  This consideration should be  given to parents of students who are English Language Learners and to parents who request an interpreter on the meeting notice.  This includes arranging for an interpreter for parents whose native language is other than English.  This may also include providing a translated copy of the IEP if parent (s) request a copy.  This must be documented in the notes page of the IEP document.

It is recommended by the Lake County SELPA that translation of documents are prepared in draft form prior to the scheduled IEP meeting and notes are translated following the meeting.

Ensure the IEP is accurately representing when an Interpreter is needed. Review the Information and Eligibility Page and the student information system for these details.

6.1 Continuum of Special Education Services and Programming

Individuals with Disabilities Education Act (IDEA) states local education agencies are required to provide each special education student with an appropriate program in the least restrictive environment, with removal from the regular education environment occurring only when the nature or severity of the student's disabilities is such that education in regular classes with the use of supplementary aids and services could not be achieved satisfactorily.

The Lake County SELPA will ensure:

• All individuals with disabilities receive a free appropriate public education in the least restrictive environment.
• All general education resources are considered and, where appropriate, utilized on a local or regional basis to meet the needs of students with disabilities.
• A system exists at the regional level for the identification, assessment, and placement of students with disabilities and the implementation of programs to support them.
• A viable system for public education is functioning in the community, with broad participation and interaction involving parents and other agencies serving children and young adults.
• An annual compliance monitoring system is implemented that continues to assure non-compliant items that have been identified have and continue to be rectified.

SELPA Program Specialists

In most SELPAs, program specialists or other specialized staff members also play a critical role in supporting and maintaining the continuum of options within SELPA and LEA special education operations. Their responsibilities may include:

• observation, consultation with, and assisting member LEA education specialists and related service providers with the referral, identification, and assessment process. 
• provide alternate dispute resolution with districts as requested by parents. The program specialists assure procedural safeguards by providing technical assistance and guidance on forms and procedures to LEAs in the areas of assessment, identification, and placement.
• provide direct staff support and coaching, staff development and program development
• guide the member LEAs to curricular resources aligned to the core curriculum for students with disabilities.
• assist LEAs with program review and consultation. They assist member LEAs with state monitoring activities and development of improvement plans.
• review special education data to target professional development and provide technical assistance to member LEAs.
• ensure member LEA students have access to a full educational opportunity regardless of the district of residence. 
• ensure member LEA students have access to a full educational opportunity regardless of the district of special education accountability. 
• attend Community Advisory Committee (CAC) meetings and provide resources, training and technical
• assistance to its members.
• support member LEA staff through training and reviewing referrals for students transitioning from high school to postsecondary programs.

Access to Specialized Instruction and Related Services

A child eligible for special education must be provided access to specialized instruction and related services individually designed to provide educational benefit through an IEP reasonably calculated to enable the child to make progress appropriate in light of the child’s circumstances.

FAPE covers four key components:

• Free (at no cost to the parent)
• Appropriate (IEPs outline a program for students to meet their unique needs)
• Public (students have the same rights attend public schools as all children)
• Education (guarantees students with disabilities receive related services too)

Preferred Placement MAY not be FAPE.

A school LEA is not required to place a student in a program preferred by a parent, even if that program

will result in greater educational benefit to the student.

Continuum of Program/Placement Options

A continuum of placement options must be discussed as an IEP team. Parents should not be offered “options”. The LEA must have a specific written offer of FAPE in order for a placement offer to be defensible. An offer of FAPE and placement should offer educational benefits in the least restrictive environment. The continuum of program options shall include, but not necessarily be limited to, all of the following or any combination of the following: 

1. General Education programs. 

2. Special Education Programs; resource, learning lab, related services, etc. 

3. Designated instruction and services. 

4. Special classes.

5. Nonpublic, nonsectarian school services. (NPS, RTC) 

6. State special schools. 

7. Instruction in settings other than classrooms where specially designed instruction may occur. 

8. Itinerant instruction in classrooms, resource rooms and settings other than classrooms where specially designed instruction may occur. 

9. Instruction using telecommunication and instruction in the home, in hospitals and in other institutions. 

In addition to the continuum of program options listed above, a district may contract with a hospital to provide designated instruction and services required by the student with a disability as specified in the IEP. However, a district shall not contract with a sectarian hospital for instructional services. A district shall contract with a hospital for designated instruction and services required by the students with a disability only when no appropriate public education program is available. For purposes of this section, "hospital" means a health care facility licensed by the State Department of Health Care Services. 

 

Least Restrictive Environment (LRE)

Each local education agency must ensure that:

(i) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and

(ii) Special classes, separate schooling, or other removals of children with disabilities from the regular educational environment occur only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.  [§300.114(a)

• Ability to benefit from mainstream settings must be based on provision of appropriate aids and services.

1. educational benefits of placement full-time in regular class
2. non-academic benefits of interaction with children who are not disabled
3. effect the child will have on the teacher and children in the regular class

Decisions must be individualized to meet the needs of the individual child

Suspension and Discipline

In California, special education students can be suspended, but suspensions of more than 10 consecutive or cumulative days (constituting a pattern) require a manifestation determination meeting to determine if the behavior was a manifestation of the student's disability. 

Education Code Violations 

The California Education Code §48900 states that a student shall not be suspended from school or recommended for expulsion unless the superintendent or principal of the school in which the student is enrolled determines that the student has committed an act under code 48900.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=48900.&lawCode=EDC

• Manifestation Determination:
  • A suspension of more than 10 consecutive school days, or a series of suspensions totaling more than 10 cumulative school days that constitute a pattern, triggers the need for a manifestation determination meeting. 
  • The IEP team (including parents) must determine if the behavior was a manifestation of the student's disability. 
  • If the behavior is determined to be a manifestation, the school must conduct a functional behavioral assessment and develop or modify the student's behavioral intervention plan (BIP).
  • If the behavior is not a manifestation, the student can be disciplined as a non-disabled student, including expulsion. 
• Change of Placement:
  • A suspension of more than 10 consecutive school days is considered a "change of placement". 
  • A series of suspensions that total more than 10 cumulative school days and constitute a pattern also constitutes a change of placement. 
• Services During Suspension:
  • During any removal of more than 10 days, the school must provide services to enable the student to progress in the general curriculum and advance toward IEP goals.

Educational Benefit

A school must offer an IEP reasonably calculated to enable a child to make progress appropriately in light of the child’s circumstances (Endrew F, 2017). Educational benefit is defined as a student's progress on IEP goals and/ or general education standards.

Probation Referrals

A student who is on probation can attend a county community school in four instances:

1. If a student is a ward of the court and placed pursuant to a juvenile court order.
2. If a student would be a ward of the court if a petition is filed, the probation officer may refer the student with consent of the parent.
3. If a student is a ward of the court and his/her care, custody, and control are under the supervision of a probation officer, and the parent consents. 
4. If a student is on probation or parole and not attending any school, parent can consent to placing in a county community school. 

Private School Placements

Parentally-Placed Private School Student

Parentally-placed private school children with disabilities means children with disabilities enrolled by their parents in private, including religious, schools or facilities that meet the definition of elementary school, secondary school, other than children with disabilities who have been placed in a private school by the IEP team. (14 CFR 300.13)

• A “parentally-placed private school student” is a student who is eligible for an IEP, has been offered FAPE, and FAPE is NOT at issue. However, the parent still chooses to place their student in private school. 
• Parent may seek a special education assessment from the district of residence (“DOR”) and/or the district of attendance (“DOA”) where the private school is located. 
• DOR is responsible for offering FAPE, if an IEP is requested by the parent. DOA is responsible for offering an Individual Service Plan (“ISP”).

Unilaterally Placed Private School Student

• A “unilaterally placed private school student” is a student who is eligible for an IEP, has been offered a FAPE, and FAPE IS at issue. The parent removes the student and places the student in private school, and provides notice that the parent will seek reimbursement from the DOR. 
• Parent may seek assessment from the District of Residence (“DOR”) and/or District of Attendance (“DOA”) where the private school is located. The DOR is responsible for offering FAPE, and the DOA is responsible for offering an ISP.
• Parent is entitled to reimbursement if:
  • The student previously received special education and related services under the authority of an LEA;
  • Parent enrolls them in private school;
  • FAPE was not provided;
  • Private placement is appropriate;
  • Notice was provided.
• Reimbursement may be denied or reduced if:
  • The LEA made FAPE Available to the student and parent declined it;
  • If prior to the removal, the LEA informed the parent of its intent to assess and the parent did not make the student available for assessment;
  • If the parent acted “unreasonably”; and/or
  • If “notice” was not provided.
• If an LEA is provided with “notice” of unilateral placement it should:
  • Send a Prior Written Notice (PWN) offering to convene an IEP meeting and decline reimbursement;
  • Convene an IEP meeting;
  • Send a follow-up PWN declining reimbursement, as appropriate; and
  • Consider filing for due process
• It is recommended that LEAs seek guidance from SELPA and/or their legal counsel for specific situations.

6.2 General Education

A student with a disability may be served full time in the general education setting with or without supplementary special education aids and services if this environment meets his or her needs. The students are totally integrated with non-disabled peers and are held to general education core curriculum, standards, assessment, and grades with or without accommodations and modifications. Students with disabilities are ensured participation in academic, non-academic, and extra-curricular services and activities to promote interaction with the general school population. 

A student may be eligible for a 504 plan under Americans with Disabilities Act (ADA) if it is determined that a diagnosed health condition adversely impacts their educational performance.  

Students, with or without an IEP should always be considered a general education student first, and should be offered all appropriate general education programming options.

Williams Act & Access to Instructional Materials

Law Aims for Educational Equity

All students have access to standards-aligned instructional materials and textbooks.

All students have access to school facilities that are clean, safe, and functional.

Teachers have the proper certification or training for their assignment, especially those in classrooms with 20 percent or more English Learners.

It shall be the policy of this SELPA to provide instructional materials to blind students or

other students with print disabilities in a timely manner according to the state-adopted

National Instructional Materials Accessibility Standard.

6.3 Caseload

Caseloads will be determined and assigned by special education administration or responsible administrator of the special education programming based on student and LEA needs. 

Caseloads for resource specialists shall be stated in the local policies developed pursuant to Section 56195.8 and in accordance with regulations established by the board. No resource specialist shall have a caseload which exceeds 28 pupils.

Caseload size for Speech and Language Specialists are as follows: 

EC § 56441.7. Maximum caseload; guidelines or proposed regulations; date of issuance

  The maximum caseload for a speech and language specialist providing services    exclusively to individuals with exceptional needs, between the ages of three and five years, inclusive, as defined in Section 56441.11 or 56026, shall not exceed a count of 40.

EC § 56363.3. Average caseload limits

The average caseload for language, speech, and hearing specialists in special education local plan areas shall not exceed 55 cases, unless the local plan specifies a higher average caseload and the reasons for the greater average caseload.

6.4 Personnel Qualifications

Personnel Qualifications

It shall be the policy of this SELPA to ensure that personnel providing instruction and delivery

of related services to students with disabilities meet state certification standards and

licensure requirements. All personnel shall be appropriately and adequately prepared and

trained, and that those personnel have the content knowledge and skills to serve children

with disabilities, including those that provide instruction to English learners with disabilities.

Teacher credentials shall be inclusive of supplementary authorization to provide English

language development and primary language support (e.g., CLAD, BCLAD, or equivalent).

This policy shall not be construed to create a right of action on behalf of an individual

student for the failure of a particular LEA staff person to be highly qualified or to prevent a

parent from filing a State complaint with the California Department of Education (CDE)

about staff qualifications.

6.5 Students with Mild to Moderate Disabilities

Mild to Moderate Support Needs includes providing specially designed instruction to access grade level California Content Standards in the Least Restrictive Environment. The education specialist provides instruction and support in one or more of the following domains: academics, communication, gross/fine motor, social-emotional, behavioral, vocational, and learning environment access skills. The support may also include health, movement and sensory support. Mild to Moderate Support Needs practices may include lower student to educator ratio.

MMSN: The Education Specialist Instruction Credential: Mild to Moderate Support Needs authorizes the holder to conduct Educational Assessments related to students’ access to the academic curriculum and progress towards meeting instructional goals, provide instruction, and Special Education Support to students with mild to moderate support needs related to one or more of the following disabilities: autism, emotional disturbance, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, and traumatic brain injury; in kindergarten, including transitional kindergarten, grades 1-12 through age 21, and classes organized primarily for adults in services across the continuum of program options available.

6.6 Students with Extensive Support Needs

Extensive Support Needs include providing specially designed instruction to access grade level California Content Standards in the Least Restrictive Environment. The education specialist provides intensive instruction and support in two or more of the following domains: academics, communication, gross/fine motor, social-emotional, behavioral, vocational and adaptive/daily living skills. The supports also often include health, movement and sensory support. Extensive Support Needs practices include lower student to educator ratio.

ESN: The Education Specialist Instruction Credential: Extensive Support Needs authorizes the holder to conduct Educational Assessments related to students’ access to the academic curriculum and progress towards meeting instructional goals, provide instruction, and Special Education Support to students with extensive support needs related to one or more of the following disabilities: autism, deafblind, emotional disturbance, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, and traumatic brain injury; in kindergarten, including transitional kindergarten, grades 1-12 through age 21, and classes organized primarily for adults in services across the continuum of program options available.

6.7 Community Based Instruction

Community-based instruction (CBI) is a strategy or instructional method that promotes the teaching and use of academic and functional skills in the student’s natural environment. The setting, as well as the tasks performed in these settings, should be relevant to the student, facilitate independence and be age appropriate. Instruction, materials and activities need to mirror age-appropriate activities used by non-disabled same age peers while being developmentally appropriate for the needs of the student.

CBI, a hands-on learning program located within the community, is a critical component of the education program for students with disabilities, primarily because, as adults, the community is where they will need to use the skills acquired during their school years. Trips to community locations occur concurrently with classroom instruction. Although students may initially learn and practice a skill in the classroom, they will eventually practice the skill by applying it in a home or community setting. For example, a student who learns math skills in the classroom may later practice those skills during a shopping expedition.

6.8 Nonpublic School (NPS)/Nonpublic Agency (NPA), Residential Treatment Center (RTC)

Nonpublic School (NPS)

Nonpublic, nonsectarian school means a private, nonsectarian school that enrolls students with disability needs pursuant to an IEP and is certified by the department. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency or a public university or college. A nonpublic, nonsectarian school also shall meet standards as prescribed by the Superintendent and board.
 

Non Public Agency (NPA)

Nonpublic, nonsectarian agency means a private, nonsectarian establishment or individual that provides related services necessary for a student with a disability to benefit educationally from the student’s educational program pursuant to an IEP and that is certified by the California Department of Education. It does not include an organization or agency that operates as a public agency or offers public service, including, but not limited to, a state or local agency, an affiliate of a state or local agency, including a private, nonprofit corporation established or operated by a state or local agency, a public university or college or a public hospital. The nonpublic, nonsectarian agency shall also meet standards as prescribed by the superintendent and board. 

Nonsectarian means a private, NPS or NPA that is not owned, operated, controlled by or formally affiliated with a religious group or sect, whatever might be the actual character of the education program or the primary purpose of the facility and whose articles of incorporation and/or by-laws stipulate that the assets of such NPA or corporation will not inure to the benefit of a religious group.

Residential Treatment Center (RTC)

A student with a disability may be provided services in a state certified residential treatment center setting. Students in this program receive individualized, small group instruction, mental health, and /or behavioral services by services providers in a separate school and residential setting all day. Because a separate school setting is considered very restrictive, the IEP team shall utilize such residential treatment center services only after exploring all public school programs, nonpublic school and agency service alternatives. The special education Director or Coordinator is required at any IEP meeting when RTC placement is being considered. An Educationally Related Mental Health Service staff member who supervises residential placements will participate in the referral process for RTCs. 

Brief Description of Service:

It is recognized that there will be times when special education students require a more restrictive educational setting than a public school. Initial consideration of Nonpublic School/Agency or Residential Treatment Center services will be provided only when the IEP team determines that no appropriate placement is available within the local education agency/SELPA to meet the student’s individual and specialized needs. In the situation where an NPS or RTC is an interim placement for a student who has moved into the LEA with an active IEP indicating NPS or RTC services, the student will remain in his/her current setting if logistically viable, or be placed in a similar setting mostly closely aligned with the student’s needs.

Consideration of Alternative Placement:

The IEP team must invite and have staffing with the special education administrator prior to any meeting regarding referral to alternative placements (i.e., NPS, NPA, or residential placement).  If a parent makes a request for an alternative placement at an IEP meeting, requests shall be recorded in the IEP meeting notice.  District will respond within 15 days of the parent request.  School psychologist/case manager will contact the special education administrator within 1-day of the parent request.  

District of Residence (DOR) Responsibilities:

The DOR is responsible for the provision of free appropriate public education (FAPE) for students placed in NPSs/agencies and, in this regard, must play an active role in monitoring the appropriateness of the placement and progress of the student. The responsibilities of the DOR include but are not limited to the following: 

California Department of Education Guidance

California Education Code Section 56366.1 (e)(3)(A) and (B)

(3) Commencing with the 2020–21 school year, a local educational agency that enters into a master contract with a nonpublic, nonsectarian school shall conduct, at minimum, both of the following:

(A) An onsite visit to the nonpublic, nonsectarian school before placement of a pupil if the local educational agency does not have any pupils enrolled at the school at the time of placement.

(B) At least one onsite monitoring visit during each school year to the nonpublic, nonsectarian school at which the local educational agency has a pupil attending and with which it maintains a master contract.

The monitoring visit shall include, but is not limited to:

• A review of services provided to the pupil through the individual service agreement between the local educational agency and the nonpublic, nonsectarian school;
• A review of progress the pupil is making toward the goals set forth in the pupil’s individualized education program;
• A review of services provided to the pupil through the individual service agreement between the local educational agency;
• A review of progress the pupil is making toward the goals set forth in the pupil’s behavioral intervention plan, if applicable;
• An observation of the pupil during instruction; and
• A walkthrough of the facility.

The local educational agency shall report the findings resulting from the monitoring visit to the department within 60 calendar days of the onsite visit.

See the link below for access to a form for reporting this information to the California Department of Education (CDE). The form includes recommended criteria for reporting information relevant to each required component of the onsite monitoring visit to the CDE. The use of this form is not required but is encouraged. Onsite monitoring visit information may be submitted to the CDE via the nonpublic schools email: NPSA@cde.ca.gov.

Guidance for Local Educational Agency Onsite Visit to Nonpublic, Nonsectarian Schools(PDF; Added 30-Jun-2020)

6.9 Home/Hospital Instruction (HHI)

The purpose of home and hospital instruction is to provide instruction to a student with a temporary disability in the student’s home or in a hospital or other residential health facility, excluding state hospitals.

A temporary disability is defined as a physical, mental or emotional disability incurred while a student is enrolled in regular day classes or an alternative education program, and after which the student can reasonably be expected to return to regular day classes or the alternative education program without special intervention.

A temporary disability does not include a disability for which a student is identified as an individual with exceptional needs pursuant to California Education Code (EC) Section 56026.

Instruction in the home or hospital is provided by a general education teacher or an education specialist qualified to provide such instruction and services. The teacher/specialist providing the home instruction must contact the student’s previous school and teacher to determine:

• The course work to be covered  
• The books and materials to be used  
• Who is responsible for issuing grades and promoting the student when relevant  
• For students in grades 7 to 12, the teacher must confer with the school guidance counselor to determine:  

• The hours the student has earned toward semester course credit in each subject included in the IEP and the grade as of the last day of attendance  
• Who is responsible for issuing credits when the course work is completed  
• Who will issue the diploma if the student is to graduate

When recommending placement for home instruction, the IEP team must:  

• Include in the assessment a medical report from the attending physician, surgeon, or psychologist stating the diagnosed condition and certifying that the severity of the condition prevents the student from attending a less restrictive placement  

• The report must include a projected calendar date for the student’s return to school. The team must meet to reconsider the IEP prior to the student’s projected calendar date for return to school  

• Review and revise the IEP whenever there is a significant change in the student’s current medical condition

6.10  Independent Study

Independent study will be determined on a case by case basis by the child’s IEP team; and in collaboration with the child’s school site and the LEA Special Education Department Administration.

Success in independent study requires motivation and a strong commitment on the part of the pupil and, for most pupils, requires the support of parents, guardians, or caregivers. It also requires sufficient academic preparation to enable the pupil to work independently. Generally, local educational agencies (LEAs) offering independent study require the pupil’s academic performance to be at or close to grade level, while others work with pupils who have fallen behind by providing additional individualized support necessary for success.

• State law requires pupils with special needs to have an individualized education program (IEP) that documents the special education supports and services that will be provided during approved participation in independent study.

6.11 Change of Placements

According to the Individuals with Disabilities Education Improvement Act (IDEA 2004); to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled. Special education law also requires that a student be educated in the least restrictive environment (LRE) and mandates that removal of a child with disabilities from the regular education environment occur only when the nature and severity of the disability are such that education in regular classes with the use of supplementary aids and services cannot be satisfactorily achieved.  20 U.S.C. § 1412(a) (5) (A); Cal. Educ. Code § 56031.

Furthermore, unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled and in selecting the LRE, consideration is given to any potential harmful effect on the child or on the quality of services that he or she needs. A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum. (Ref. 34 CFR 300.116)

When determining the placement of a student the IEP team must take into consideration the up-to-date and most recent data and the student’s educational benefit.

6.12 Ages 0-5 Services

The Lake County SELPA maintains an interagency agreement with local agencies to ensure programming and family support for children ages birth to five.

The Lake County SELPA maintains an interagency agreement with both the Redwood Coast Regional Center (RCRC) and Lake Family Resource Center (LFRC) for the provision of Part C: Early Intervention Services program for infants (ages 0-3) with a disability as well as for those who have an identified low incidence disability. RCRC and LFRC service coordinators work with both Individual Family Service Plan (IFSP) teams to coordinate services in the early start infant program. This programming structure, established under the federal Part C of the Individuals with Disabilities Education Act (IDEA), requires that services be provided in a coordinated manner among participating agencies and encourages families to participate with a team of professionals in the decisions affecting their child.

Services provided starting at age three years old to children as determined by the IEP team of the local education agency (LEA) to be eligible based on CCR Title 5, Section 3030. A school-based program is provided for children to promote development and growth in areas of assessed weakness. A full continuum of services is available to each child based on the developed IEP. These services include, but are not limited to, speech and language therapy, occupational and/or physical therapy, adapted physical education, health services, counseling services, orientation and mobility services and training, visual impairment services, and parent counseling. Children from bilingual homes are assessed in their primary language. Early education services for these preschool aged children may be provided to individuals or small groups. Districts within the SELPA offer a wide range of programs and services, ranging from home-based services and parent consultation to group programs and full inclusion preschools. Inclusion opportunities are provided when appropriate for those children who can benefit as determined by the IEP team. Close communication and coordination are provided with the assistance of paraeducators to assure a successful and integrated plan.

7.1 Related Services and Supports

Related services are designed to provide support to special education students in order for them to benefit from the educational placement. The determination for need of services is based on an assessment by the specialist(s) and recommendation of the Individualized Education Program Team.

In addition to requiring special education instruction, the student may require other additional support/services to be successful, i.e. related services. The following list below is of related services:

Adapted Physical Education (APE)

Direct physical education services provided by an adapted physical education specialist to pupils who have needs that cannot be adequately satisfied in other physical education programs as indicated by assessment and evaluation of motor skills performance and other areas of need. It may include individually designed developmental activities, games, sports, and rhythms, for strength development and fitness suited to the capabilities, limitations, and interests of individual students with disabilities who may not safely, successfully, or meaningfully engage in unrestricted participation in the vigorous activities of the general or modified special education program. 

(5 CCR Section 3051.5)(30 EC Section 56363)(34 CFR sections 300.108, 300.39 (b)(2))

Language and Speech Services

Language and speech services provide remedial intervention for eligible individuals with difficulty understanding or using spoken language. The difficulty may result from problems with articulation (excluding abnormal swallowing patterns, if that is the sole assessed disability); abnormal voice quality, pitch, or loudness; fluency; hearing loss; or the acquisition, comprehension, or expressions of spoken language. Language deficits or speech patterns resulting from unfamiliarity with the English language and from environmental, economic or cultural factors are not included. Services include specialized instruction and services; monitoring, reviewing, and consultation, and may be direct or indirect, including the use of a speech consultant. 

(5 CCR Section 3051.1)(30 EC Section 56363)(34 CFR Sections 300.34(c)(15), 300.8(c)(11)) 

Occupational Therapy (OT)

Occupational Therapy (OT) includes services to improve student’s educational performance, postural stability, self-help abilities, sensory processing and organization, environmental adaptation and use of assistive devices, motor planning and coordination, visual perception and integration, social and play abilities, and fine motor abilities. Both direct and indirect services may be provided within the classroom, other educational settings, or the home, in groups or individually, and may include therapeutic techniques to develop abilities, adaptations to the student’s environment or curriculum, and consultation and collaboration with other staff and parents. Services are provided, pursuant to an IEP, by a qualified occupational therapist registered with the American Occupational Therapy Certification Board.

(5 CCR Section 3051.6)(30 EC Section 56363)(34 CFR Section 300.34(c)(6))

Specialized Vision Services

This is a broad category of services provided to students with visual impairments. It includes assessment of functional vision, curriculum modifications necessary to meet the student’s educational needs including Braille, large type, and aural media; instruction in areas of need; concept development and academic skills; communication skills including alternative modes of reading and writing; and social, emotional, career, vocational, and independent living skills. It may include coordination of other personnel providing services to the students such as transcribers, readers, counselors, orientation and mobility specialists, career/vocational staff, and others, and collaboration with the student’s classroom teacher.

(5 CCR Section 3030(d))(30 EC Section 56364.1)

Specialized Deaf and Hard of Hearing Services

These services include speech therapy, speech reading, auditory training, and/or instruction in the student’s mode of communication. Rehabilitative and educational services; adapting curricula, methods, and the learning environment; and special consultation to students, parents, teachers, and other school personnel.

(5 CCR Sections 3051.6, 3051.18)(34 CFR Section 300.34)

Orientation & Mobility (O&M)

Students with identified visual impairments are trained in body awareness and to understand how to move. Students are trained to develop skills to enable them to travel safely and independently around the school and in the community. It may include consultation services to parents regarding their children requiring such services according to an IEP.

(5 CCR Section 3051.3)(30 EC Section 56363)(34 CFR Section 300.34(c)(7))

Assistive Technology (AT)

Any specialized training or technical support for the incorporation of assistive devices, adapted computer technology, or specialized media with the educational programs to improve access for students. The term includes a functional analysis of the student’s needs for assistive technology; selecting, designing, fitting, customizing, or repairing appropriate devices; coordinating services with assistive technology devices; training or technical assistance for students with a disability, the student’s family, individuals providing education or rehabilitation services, and employers.

(5 CCR Section 3051.16)(30 EC Section 56363)(34 CFR sections 300.6, 300.105)

Physical Therapy (PT)

These services are provided, pursuant to an IEP, by a registered physical therapist, or physical therapist assistant, when assessment shows a discrepancy between gross motor performance and other educational skills. Physical therapy includes, but is not limited to, motor control and coordination, posture and balance, self-help, functional mobility, accessibility and use of assistive devices. Services may be provided within the classroom, other educational settings or in the home, and may occur in groups or individually. These services may include adaptations to the student’s environment and curriculum, selected therapeutic techniques and activities, and consultation and collaborative interventions with staff and parents.

(5 CCR Section 3051.6)(30 EC Section 56363)(34 CFR Section 300.34(c)(9)

7.2 Mental Health/Counseling Services

Educationally Related Mental Health Services (ERMHS) are provided after assessments have determined that ERMHS are needed to support student progress pursuant to an IEP. The purpose of ERMHS is to support adjustments related to education and academic functioning when educationally related mental health services have been deemed necessary for a student to benefit from their education. When ERMHS are added to a student’s IEP, the student may receive counseling and guidance, or individual counseling, or both, depending upon team determination and based on need. These supports can at times help with increased academic performance and engagement in academic activities, improved attendance, and fewer disruptions of the learning environment.

7.3 Additional Personnel Support (APS) Assessment

The purpose of this section is to provide LEA personnel with information and guidance in determining a student with a disability’s need for an additional instructional assistant, referred to in this process as an Additional Personnel Support (APS) Assessment.

Whenever an IEP team is considering the need for an additional instructional assistant for a student, the major factor to be considered is personal independence. First and foremost, the goal for any student with special needs is to encourage, promote, and maximize independence. If not carefully monitored, additional assistance can easily and unintentionally foster dependence. A student’s total educational program must be carefully evaluated to determine where support is needed. Natural support and existing staff support should be used whenever possible to promote the least restrictive environment.  A systematic, written plan must be included in the IEP to address how the additional instructional assistance will be monitored and what interventions will be implemented in order to reduce the need for the additional assistance. 

Whenever possible, additional assistance is assigned to a school environment, class, or case manager. A request for a Related Services Independence Assistant should only be made after other site interventions have proven unsuccessful. 

There are four general areas within which a student may require additional instructional assistance. These four categories are listed below along with information about what the student’s IEP must include for each area:

1. Health/Personal Care Issues

When the need for additional support is due to a health care need, a specialized health care plan will need to be developed. School nurses are crucial to the development of this plan. 

2. Behavior Support

When determining the need for additional support as a result of a student’s behavioral difficulties, the student’s IEP needs to include appropriate goals, objectives, and, if appropriate, a Behavior Intervention Plan. Like with any IEP service, an assessment is completed in order for the team to make the determination if such supports are required for the student in order to make appropriate progress.  If the IEP team finds that the student’s behaviors are impeding their learning or the learning of others, then a Functional Behavior Assessment (FBA) is conducted.  Based on the results of the FBA, the IEP team develops a Behavior Implementation Plan (BIP).  Once the BIP is implemented, the IEP team convenes a meeting to discuss and determine the efficacy of the plan and at which point may consider additional supports, accommodations, and modifications if necessary.  The addition of ASP to an IEP is considered when the BIP is has been implemented with fidelity and such additional supports are required for the student to make appropriate progress.  The team can use analysis forms (such as the rubric, school day analysis, and fade planning documents within these guidelines) to determine the amount of APS necessary.  If the IEP team agrees that APS is required, it will be documented on the IEP in the meeting notes and on the service page.

3. Instructional Support

When determining the need for additional support due to an instructional need, the IEP team must utilize appropriate assessment information to support this recommendation. The IEP must specify how the additional personnel will be utilized to support the teacher in implementing the student’s goals and what attempts will be made to transition to other available classroom resources and supports. 

4. Inclusion/Mainstreaming Support

When determining the need for additional support due to a need for assistance while participating in an inclusion program or mainstreaming, the IEP team must utilize appropriate assessment information to support this recommendation. The IEP must specify how the additional personnel will be utilized to support the student within a general education environment and what attempts will be made to transition to other available classroom resources and supports. 

If a student already has APS in their IEP the LEA should look through the student’s file for the last APS evaluation and fading plan to determine if an assessment is warranted or whether a review of goals is appropriate for determining the continued need for APS services.

When adding APS in SEIS, the appropriate service code is 340 - Intensive Individualized Instruction. The support should be considered temporary; the goal of the service is to focus on the area of need, develop the skills, and fade the need for support. APS services do not always need to be for the full day, they should only be there during the times the student actually needs the support. Indicate the appropriate level of minutes in SEIS. 

For monitoring and accountability, the IEP team will periodically review the effectiveness of the APS. A systematic, written plan needs to address what interventions will be implemented and how APS support will be monitored and appropriately faded. The schedule for review of the student’s program, which may lead to the fading of the APS support, is vital for monitoring the progress of the student. It is recommended that the IEP meet to discuss APS support, at least, annually. The IEP team should discuss the need for the APS support and update the plan at student IEP meetings, as appropriate. 

IEP Documentation

If the IEP team agrees that APS is needed for a student, it will be noted on the IEP form 5A “Services” page under Aids, Services, Accommodations/Modifications and Supports. If more detail is needed, describe on the notes page. The IEP must include a statement of frequency and duration. 

If APS is provided to a teacher to assist in managing a whole class not specific to any one child’s needs may be also noted under “additional supports for the teacher” and on the notes page.

For each area in which APS is being provided due to lack of skill or independence, the IEP team should write a goal. Some areas, such as health/personal care needs may not be appropriate for goals. These supports should be noted on the services page. The IEP should clearly define services, for example, Specialized Academic Instruction vs. Intensive Individualized Services. 

If additional support from an APS provider is required because of a child’s behavioral difficulties, the child’s IEP should include a Behavior Intervention Plan (BIP).

For areas in which increased independence is possible during the school day, documentation of this analysis should be included in the notes pages. In these cases, write a systematic plan to address how APS will be monitored and faded as independence increases.

A plan to review the overall effectiveness of the support needs to be in place. 

Determining APS checklist-Behavioral Support

• Student behavior has been determined by the IEP team to impede learning of self or others.
• Assessment plan is signed by parent and Functional Behavioral Assessment (FBA) is conducted. Behavior Intervention Plan (BIP) is developed to include behavioral goal in IEP.
• Team reviews FBA and BIP, and implements them with fidelity. 
• Team reconvenes after 6-8 weeks to review and monitor progress on goals. 
• If the BIP is working, continue. 
• If the BIP is not working; team considers revising, monitoring implementation/fidelity, and/or adjusting services (possibly to include APS)
• If APS is considered analysis forms as necessary. Additional data collection could also be considered at this time. 

Frequently Asked Questions (FAQ):

    What do we do when a parent makes a request for Related Service Independence Assistance? 

• Schedule an IEP meeting
• Consider the request and document a response within the IEP, Prior Written Notice, decision cannot be made outside the IEP. 
• Agree to collect data and determine i further observations or assessments are needed. 

What is the first step when an IEP team member expresses concerns regarding the progress /safety of a student? 

1. Schedule an IEP Meeting
2. Consider whether the need can be addressed with accommodations or modifications.
3. If not, does a goal need to be added in that area of need?
4. Is more data needed to determine how to best address the need? Considerations should be given around offering assessment, considering FBA, and considering BIP
5. Monitor progress and reconvene if needed to determine growth and/or lack of progress. 

34 CFR § 300.34

34 CFR § 300.115

34 CFR § 300.320

8.1 Regional Center/Early Start to Preschool

Transition services from Redwood Coast Regional Center begin at age 2 years, 9 months, or earlier when available to the child’s District of Residence. Parent and LEA should be notified by the RCRC Service Coordinator. Date for ISFP Transition Planning Meeting is to be within 30 days after notification from RCRC. 

California has determined that all children being served in Early Start programs are potentially eligible for LEA special education services at the age of three. Therefore, all children must be referred to Part B services, unless exited from Part C prior to the required referral deadline. The service coordinators are required to make a referral to the student’s LEA of residence. In the event the family objects to Part B services, they may decline the assessment plan offered by the LEA. 

A transition meeting is part of an IFSP meeting so all IFSP requirements must be followed, including review of information about the child and family, current assessment, a review of services, progress toward meeting outcomes, and revision of any outcomes or services as needed. The transition meeting must be held no later than 90 days before the child’s third birthday. The transition conference is required as part of the IFSP process and the LEA is required to attend. 

After receiving the referral and obtaining the parent/guardian consent on the assessment plan, the LEA is responsible for conducting an evaluation in all areas of suspected disability. The LEA should ensure that they are developing appropriate goals and determine appropriate services to ensure a free and appropriate public education (FAPE). 

8.2 Transition Through the Grades

Transition services include appropriate, measurable goals that are based on age-appropriate transition assessments. Any area addressed must be based on the student's needs, taking into account the student's strengths, preferences, and interests. LEAs must provide transition services to students with disabilities as follows:  

• Before transfer from Preschool to Transitional Kindergarten/Kindergarten  
• Before transfer from Elementary to Middle School  
• Before transfer from Middle School to High School  
• Separate School/Non-public school (NPS) to general education   
• Before exiting school due to graduation, completion of course of study, or age out 

a. PRESCHOOL TO TRANSITIONAL KINDERGARTEN/KINDERGARTEN

The IEP team must address the transition process from preschool to elementary school for students aged 3 through 5. It must also describe a process for monitoring the continued success of the student with disability who continues to be eligible for special education. (30 EC 56445.) 

With parental permission, the student’s Case Manager should:  

• Update the student’s assessment information, an assessment plan must be signed 
• Convene an IEP meeting at which updated information is shared and goals and objectives are developed with consideration of Kindergarten placement options 
• For a student who is exiting special education after preschool, the IEP team must note the student’s present levels of performance and learning style. The IEP team must also provide this information to the student’s assigned general education teacher upon the student's enrollment in kindergarten or first grade.(30 EC 56445(d).) 64 b. 

b. ELEMENTARY SCHOOL TO MIDDLE SCHOOL 

During the school year that a student will enter Middle School, the student’s teacher and parent must begin planning for the student's transition to Middle School. 

With parental permission, the student’s Case Manager must:  

• Update the student’s assessment information to obtain current levels of performance
• Convene an IEP meeting at which updated information is shared and goals and objectives are developed with consideration of Middle School service delivery models  
• The IEP team must consider Middle School service delivery options at this time and identify the appropriate service(s) 

The IEP team must outline and address each student’s individual needs, i.e. student needs support when transitioning from one class to another or priority seating is required, etc. Communication/Professional Development pertaining to the difference in structure of the school day between Elementary and Middle School staff will be provided. 

c. MIDDLE SCHOOL TO HIGH SCHOOL 

Prior to the school year that a student will enter High School, the student’s teacher and parent must begin planning for the student’s transition to High School. With parental permission, the student’s Case Manager must:  

• Update the student’s assessment information to obtain current levels of performance
• Convene an IEP meeting at which updated information is shared and goals and objectives are developed with consideration of High School service delivery models  
• The IEP team must consider High School service delivery options at this time and identify the appropriate service(s) 
• The IEP team must outline and address each student’s individual needs, when transitioning from one class to another pertaining to the difference in structure of the school day between Middle and High School staff will be provided. 

d. NON-PUBLIC SCHOOL (NPS) TO GENERAL EDUCATION 

When students with disabilities transfer into the general education classroom from special day classes (SDCs) or centers, or from nonpublic, nonsectarian school to the general education classroom in the public school, the IEP team must document the following within the student’s IEP: (30 EC 56345(b)(4).)  

• A description of activities provided to integrate the student into the regular education program describing the nature of each activity, and the time spent on the activity each day or week (30 EC 56345(b)(4)(B).)  
• A description of the activities provided to support the transition of students from the special education program into the general education program (30 EC 56345(b)(4)(B).)

8.3 Students Exiting High School

To obtain a high school diploma in California, students must complete the state coursework requirements, as outlined in Education Code Section 51225.3; in addition to any LEA requirements. 

Graduating with a regular high school diploma ends eligibility for special education and the LEA is no longer required to provide the student with a FAPE.

Alternate Pathway to High School Diploma

Education Code Section 51225.31 was added to the Education Code which established a new high school diploma pathway exclusively for students with significant cognitive disabilities. It states that LEAs must exempt qualifying students from local graduation requirements that are additional to state graduation requirements. This alternate pathway does not change an LEA’s obligation to provide a FAPE to eligible students and does not constitute a change in placement like a regular high school diploma awarded to students accessing a traditional pathway.

In order to be eligible for this alternative pathway, a student must meet the following:

• Have a significant cognitive disability
• Be eligible to take the California Alternate Assessment in Grade 11
  • IEP teams are encouraged to utilize the Alternate Assessment Decision Making Tool provided by the CDE to assist with this eligibility determination
• Meet the state’s minimum coursework requirements (based on alternate achievement standards)

LEA’s shall exempt a student from all coursework and other requirements adopted by their governing boards that are additional to the statewide minimum coursework requirements. 

Before a student begins grade 10, student’s IEP team must determine the following:

• That the student meets eligibility for participation in the CAA and this is documented within the IEP
• That the student is required to complete coursework aligned with the state standards to meet statewide coursework requirements specified in California Education Code 51225.3

The courses a student would take on this alternative pathway are required to align with the California State Standards for each grade level. It is recommended that LEAs utilize the core connector standards and essential understandings for English Language Arts and Math that are found on the CDE website. 

Typically, an LEA’s obligation to provide FAPE ends when a student receives a high school diploma or when a student reaches maximum age. However, the award of the alternate pathway diploma to a student does not change an LEA’s obligation to provide a FAPE.

Only the student’s IEP team can determine eligibility for this pathway. Once the IEP team determines eligibility, the corresponding course of study will be documented within the IEP.

Once a student is found eligible, they remain eligible, even if they transfer schools again within the state of California as long as they are designated prior to the beginning of 10th grade and the IEP eligibility requirements are not changed. 

Certificate of Completion

The recommendation of the IEP team as to whether the student will be working towards a diploma or a Certificate of Completion must be well documented. It can be a very emotional discussion with parents and should be handled with tact and compassion. Some students may require substantially adapted materials in order to access age appropriate curriculum.

If this is the case a decision shall be made by an IEP team as to whether the student will earn credits toward a high school diploma or work toward a Certificate of Completion.

Students on a diploma track are expected to follow state requirements and participate in all general education grade level curriculum with approved accommodations, with the exception of students on the alternate pathway to a diploma. 

A Certificate of Completion is an option for all special education students. Students who are working toward a Certificate of Completion participate in graduation ceremonies with their general education peers. 

Four years of course work is developed within the special education department for students to achieve this certificate. Courses focus on functional academics and those skills needed for independent living.

Students who are on a certificate of completion track may continue their education in the adult education programs through the school year in which the student turns age twenty-two (22).

8.4 Promotion and Retention

Every school LEA and county office of education is required to develop and implement a policy for retention and promotion of students at various grade levels (E.C. § 48070.5).  The purpose of this policy is to establish the standards to be used for determining promotion from one grade to the next.

All students moving between grades two through five, between elementary and middle school, and between middle school and high school who are performing below the minimum levels of proficiency established by LEA policy are required to be retained.  At the lower grades, retention is based largely on reading proficiency (E.C. § 48070.5(a)(1)-(5) and (b)).  As students move upward, retention is based on proficiency in reading, English language arts, and mathematics (E.C. § 48070.5(c)).

Any student who is not meeting established proficiencies must be retained in accordance with the law.  However, the regular teacher may provide a written statement indicating that retention is not the appropriate intervention.  The written statement must contain the following information:

• The reason retention is not appropriate; and
• A recommendation for other interventions necessary to assist the student in attaining acceptable levels of academic achievement.

If the teacher's recommendation to promote is contingent upon the student's participation in a summer program, the student must be reassessed at the end of the summer program and the decision to retain or promote must be reevaluated at that time. (E.C. § 48070.5(d))

In the grades noted above, students who are at risk of retention are to be identified and parents notified as early as possible during the school year (E.C. § 48070.5(g)).  At the time of such notification, identification of opportunities for remediation of deficits also must be provided to students and parents (E.C. § 48070.5(h)).

Students receiving special education services are subject to the LEA-wide policy on retention and promotion.  IEP teams are required, however, to specify needed program modifications in each student’s IEP. 

For a student for whom retention seems likely, an IEP team meeting should be conducted early in the school year to determine the appropriateness of current placement, services, aids, and interventions; and to revise the IEP if needed.

8.5 Individual Transition Plans

Individual Transition Plan 

In accordance with 34 CFR §300.43 and California Education Code §56345(a)(8), an Individual Transition Plan (ITP) must be developed for each student with a disability, ages 15-22, as part of their Individualized Education Program (IEP).

The purpose of the ITP is to facilitate the student's transition from school to post-school activities including postsecondary education, vocational education, integrated employment, continuing and adult education, adult services, independent living, or community participation.

The ITP must be reviewed annually. By age 16, the ITP must identify appropriate measurable postsecondary goals related to training, education, employment, and independent living skills where appropriate (34 CFR §300.320(b)).

The ITP must include (California Education Code §56345(a)(8))(34 CFR §300.321):

• Appropriate measurable postsecondary goals based on age-appropriate transition assessments

• Transition services needed to assist the student in reaching the goals
• Linkages to any needed interagency supports and services
• Courses of study that align with transition goals
• Annual IEP goals related to the student’s transition services needs
• Evidence the student was invited to the IEP team meeting or other steps are documented that ensured the child’s preferences and interests are considered
• Evidence any needed interagency supports/services were considered and, if appropriate, a representative was invited to the IEP meeting

The ITP will be developed collaboratively by the IEP team, including the parent/guardian, student, general and special education providers, and agency representatives as appropriate.

8.6 Dismissal From Special Education

A student will be exited from special education and related services due to one of the following reasons:

• Following an assessment, it is determined that the student no longer meets the criteria specified in any of the qualifying areas;
• Following an assessment, it is determined that the student’s needs can be met within the general education program with or without accommodations;
• The student has exceeded age eligibility; or
• The parent has revoked consent.

 (E.C. § 56001(h) and § 56381(h))

Exceeding Age Eligibility

Students are no longer eligible for special education and are exited when they graduate from high school with a regular high school diploma or reach the age of 22 years  (E.C. § 56026(c)(2)-(4)).  It is not necessary to conduct an assessment for students exiting under these circumstances, but the IEP team must provide the student with a summary of his or her academic achievement and functional performance, including recommendations on how to assist the student in meeting his or her post-secondary goals (E.C. § 56381(c)(1)-(2)).

No LEA may develop an IEP that extends the eligibility dates; and in no event may a student be required or allowed to attend school under the provisions of this part beyond these eligibility dates solely on the basis that the student has not met his or her goals or objectives (E.C. § 56026(c)(4)(D)).

Revocation of Consent

If at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the LEA:

• May not continue to provide special education and related services to the child, but must provide prior written notice before ceasing the provision of special education and related services;
• May not request mediation or due process in order to obtain agreement or a ruling that the services may be provided to the child;
• Will not be considered to be in violation of the requirement to make a free appropriate public education (FAPE) available to the child because of the failure to provide the child with further special education and related services; and
• Is not required to convene an IEP team meeting or develop an IEP for further provision of special education and related services.

(34 CFR § 300.300(b)(4)(i)-(iv))

8.7 WorkAbility Program Information & Eligibility

WorkAbility I Mission Statement 

The mission of WorkAbility I (WAI) is to promote the involvement of students, families, educators, employers, and other agencies in planning and implementing an array of services that will culminate in successful student transition to employment, lifelong learning, and quality of life.  This includes empowering students to become self-advocates and learn the skills necessary to develop positive social relationships to reach their personal, educational, and employment goals. 

Program Eligibility 

All Lake County high school students with an Individual Education Plan (IEP) are eligible for and receive the basic mandated WorkAbility 1 Array of services. 

The WorkAbility 1(WAI) Work Experience Program provides paid work-based learning experiences for students with IEPs. Students may either be placed in employer-paid or WAI-paid work experience positions; paid employment is determined on a year-to-year basis as determined by available WorkAbility 1 funds. 

If a student is paid by WAI, he/she will earn CA minimum wage. WorkAbility 1 student participants may not work exclusively on weekends or holidays. The student participant cannot work on a day when he/she has an unexcused absence from school. The training program schedule will accommodate individual students’ needs. 

The eligibility criteria to receive WAI Work Experience Placement in Lake County are: 

1. A student (ages 16–22) with an IEP 

2. Demonstrates good school attendance (as determined by the WAI site) 

3. Completes the following in-school requirements before being placed in a WAI 

• Work Experience position: 
• resume 
• master application 
• vocational interest assessment 
• learning styles assessment 
• training in job finding, job keeping, and interview skills 
• review of WAI Safety Handbook provided by WAICentral.com  

Program Description – WAI Array of Services 

• School-Based Preparatory Experiences: 
  • Career / Vocational Assessment 
  • Employment/Post-Secondary Education Planning   
  • Career/Vocational Education 
• Career Preparation & Work-Based Learning Experiences: 
  • Career Awareness/Exploration Activities 
  • Career Preparation/Job Search 
  • Job Development 
  • Employment/Work Experience 
  • Work-Site Mentor/Supervisor 
  • Job Coach 
  • Work-Site Follow-Along/Employer Communication 
• Youth Development & Leadership 
  • Self-Advocacy/Disability Awareness 
  • Youth Leadership 
  • Destination/Transportation Training 
  • Life Skills/Independent Living 
  • Family Participation & Support of Transition 
  • Partnership & Collaboration 
• Work Based Learning Components 
  • Career Awareness / Exploration Activities 
  • Career Preparation 
  • Job Search / Placement Activities 
  • Job Coaches  

WAI Work Experience Placement Process/Procedures 

WorkAbility 1 is fully integrated in Lake County. Student participants are assigned to work experience positions in the community and perform various duties requiring entry-level skills.  Each student participant may perform various entry-level work site duties to assist him/her in developing basic social and job skills essential for maintaining regular employment. Once it is determined that the student will be placed in a WAI placement, the teacher and/or the WAI staff assure that the student has completed the WAI Work Experience pre-requisites. After completing the pre-requisites, the teacher and/or the WAI staff match the student to a job placement and develop the position. 

The teacher and WAI Staff assures that the WAI Application is completed; the application includes: 

• Student Employee Information Sheet 

• Parent Permission Slip 

• Student Agreement 

• CalPERS Consent Authorization for Minor Employees 

• Request for Work Permit (students 16-18 years of age use the request to apply at their school site for a work permit and turn in the original permit with their packet) 

• Form I-9, Employee Eligibility Verification, Including Copies of Social Security Card and Photo Identification 

• Form W-4 

Policies 

• Students must be able to work independently. Exception: students enrolled in a program for students with intellectual disabilities (in either a high school or transition program), or as determined by the teacher. 

• Students must meet the California State work permit eligibility guidelines. 

• Employment can be terminated at any time as determined by the employer or WAI Staff. 

• Paid employment (placement) is not a guarantee, but an earned opportunity. 

• Paid employment is determined on a year-to-year basis as determined by available WAI funds. 

• The number of hours each student may work is determined by the WA I Staff based on available funds, student availability and need, and employer needs; students may not work more than 10 hours/week without approval by the WAI Staff. 

• Each WA1 site will follow state and federal labor laws. 

• Evaluations will be made periodically throughout a student’s placement as needed in addition to the monthly Report on Student Progress. 

• Application for WA1 Work Experience is required yearly. 

• WAI is not a mandated/required IEP service. 

• WAI is one component of transition, providing services and work experience that may support transition planning in the IEP. 

Other Services 

WorkAbility Transit Skills Training:  

The WorkAbility Program offers students the opportunity to learn how to use the Lake Transit System to travel with the support of WorkAbility staff. WorkAbility works closely with the Lake Transit Authority to provide up to date schedule and fare information to the students in Lake County as well as providing the transit system with planned student training.  

Follow-Up Surveys: 

The WorkAbility Program offers ongoing support to students and follows up with them in the spring of the year following graduation; the follow-up information is part of the mandated grant reporting process to the California Department of Education (CDE) each year. At the time of follow-up, students needing further assistance with transition services are referred to agencies who provide adult support programs and are mailed information/applications as needed. Information collected includes  

• current living situation 

• employment status 

• continued education and/or vocational training

8.8 Custody, Guardianship, Surrogates and Conservatorship Custody

Definition of Parent under the IDEA and State Law: State and federal law define a     parent as:

1. Biological or adoptive parent of a child
2. Foster parent (unless not allowed by law)
3. Guardian
4. Surrogate
5. Student who is not conserved and is 18.
6. An individual acting in place of a biological or adoptive parent, including a grandparent, stepparent, or other relative with whom the child lives.

 Guardianship

Guardianship is when a judge appoints an individual who is not the parent of the     child, as a “guardian” to act or make decisions for another person (not a child). There are two types of guardians:

1. Guardianship over the person-Occurs when a court issues an order giving an adult (guardian), who is not the child’s parent, the right to make legal decisions in a child’s life and has responsibility for the child’s care. 
2. Guardianship over the estate-Occurs when a court orders someone to manage the child’s finances. There are very strict rules about how the money is handled. 

Surrogates

1. No parent can be identified-Surrogate parents can only be appointed when the parent cannot be located or identified. LEA must make reasonable efforts to locate the parent. A student cannot be a ward of the state or homeless.
2. Criteria for surrogates: 

1.  Cannot be an employee of the LEA
2. .Cannot be an employee of another agency involved in the education or care of the student.
3. No personal or professional interest that conflicts with the child’s interest.

     3. Surrogate Responsibilities: 

    a. Provision of FAPE

    b. Represent the student with regards to their identification, evaluation, and       educational placement.

Age of Majority

On or before the student’s 17th birthday, the teacher is to explain that he and/or she will assume all special education rights and protections upon turning 18 (unless a conservator has been appointed by the court). Review the Notice of Procedural Safeguards with the student. 

Conservatorship

What is it?

Conservatorship is a court case where a judge appoints a responsible person to care for another adult who cannot care for her/himself.

Who does it apply to?

A conservatorship is only applicable to people 18 years of age or older. Limited conservatorship, the type of conservatorship discussed in IEP’s, requires the individual to have a developmental disability. The powers granted to the conservator are limited to specific powers allowed by law and chosen by the court.

When does it happen?

At the earliest, conservatorship will not happen until the student turns 18. If the parent/family/guardian seeking conservatorship started the process early and completed the necessary components required, the actual conservatorship order will not go into effect until the student turns 18.

The length of the process itself can vary greatly depending on when paperwork is submitted, when interviews are scheduled, when court investigators and attorneys can meet the child, and other procedural factors. The fastest conservatorship hearings can happen in 2-3 months, however, for most people the process will take around 5 or 6 months. In some complicated cases, the process can take over 10 months.

Where does it happen?

The first step to conservatorship happens at the probate filing office of the county of the student. As the process continues, people involved with the process will want to meet the student at home. The final step will happen in front of a judge.

Why do we need conservatorship?

In order to promote the well-being of the individual and encourage development of maximum self-reliance and independence of the individual. Some people are unable to properly provide for their own personal needs for physical health, food, clothing, or shelter; and these individuals will likely need a conservator for their well-being.

How do we start the process of conservatorship?

There are numerous steps to the process of conservatorship, briefly, they are;

• File a petition and accompanying documents
• Attorney is appointed to represent the student; the Regional Center is ordered to prepare and file a report
• Mail a ‘Notice of Hearing’ to necessary parties and have the proposed conservatee served with a citation
• The Court Investigator interviews various people and files a report
• The hearing

Frequently Asked Questions

Are there translations available for the government forms?

Not at this time, even for Spanish.

If a student is over 18 and not conserved, do they need to attend and sign the IEP?

Yes. A student over 18 and not conserved is an adult, and they hold their own educational rights, even if the student has significant cognitive challenges. You will need that student to sign on all appropriate forms and lines of the IEP, including IEP consent. 

Can an IEP team encourage a parent to pursue conservatorship of their child?

The school cannot advise parents on pursuing conservatorship, but can provide any relevant educational records and documentation if requested by parents or attorneys as part of the legal proceedings. It is best to just give factual information surrounding conservatorship and what it means. The goal of any IEP meeting is to develop an appropriate IEP that meets the unique needs of the student. 

Resources/Agencies to Support

California Courts Self-Help Guide

Disability Rights California - Conservatorship

Lake County Government Website

9.1 Progression of Behavior Interventions

Education Code Section 56521.1 says “(b) In the case of a child whose behavior impedes the child's learning or that of others, the individualized education program team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations.” 

Any component of a student’s education that is adversely affecting progress should be addressed with positive, systematic behavioral interventions and strategies (20 USC 1414 (d) (3) (B) (i); 34 CFR 300.324 (a) (2); EC 56341.1 (b) (1)).  If a student is failing in class, for example, due to incomplete work assignments or lack of participation, those behaviors must be addressed systematically.

A BIP is designed to replace maladaptive behaviors with alternative acceptable behaviors and are never used solely to eliminate maladaptive behaviors. The elimination of any maladaptive behavior may not include the use of intrusive behavioral interventions that cause pain or trauma.

Positive Environments, Network of Trainers (PENT) is dedicated to maintaining a state-wide community of practitioners who have a similar knowledge base, dedication and passion for creating positive environments and a repertoire of positive methods of changing a student's behavior to support achievement and quality of life for ALL students and staff.

PENT's Guiding Principles Regarding Behavior:

• Appropriate (desired) and inappropriate (challenging) behaviors are learned
• Challenging behaviors are related to the context in which they occur
• Challenging behaviors serve some communicative function for the student
• Challenging behavior communicates a message when a student may not be able to use a more appropriate form of communication
• Effective interventions are based on a thorough understanding of the student, including their social contexts, and the function of the challenging behavior
• Positive behavioral support is grounded in person-centered values

About Behavior Intervention Planning:

PENT believes that through the use of a behavior intervention plan paired with individualized proactive supports and strategies, challenging student behavior can be shaped into more comprehensible, safe, and appropriate desired behavior. The information included on the PENT website is not intended to replace training in completing an FBA or writing a BIP, however, it is intended to support awareness, build competency and understanding, and provide professionals with accessible information related to the "Big Ideas" in behavior intervention planning.

9.2 Functional Behavioral Analysis (FBA)

Completing a Functional Behavioral Assessment (FBA) leading to development of a Behavior Intervention Plan (BIP) is a challenging task, with a lot of gray areas. Additionally, an FBA may look different when performed in a clinic or home-based setting, as opposed to a school-based FBA. This can lead to confusion and misunderstanding among administrators, behavior specialists, school psychologists, educators, etc.

Functional Behavior Assessment (FBA) is a process rooted in the science of applied behavior analysis (ABA), which focuses on gathering relevant data and information to determine the function of a behavior in order to design a function-based intervention that will maximize the effectiveness and efficiency of behavior support. The FBA is the first step in the behavior intervention process. It allows those conducting the assessment to then identify and design a behavior intervention plan to decrease challenging behaviors and increase appropriate behaviors.

School-based FBAs are generally understood to be an “evaluation” under the IDEA to assist in determining the nature and extent of the special education and related services that the student needs, including the need for a BIP. In general, schools conduct FBAs because the information provided by an FBA allows educators to then develop a behavior intervention plan (BIP) that is individualized, relevant, and more likely to succeed in supporting the student’s positive behavior.

9.3 Behavior Intervention Plan (BIP)

A Behavior Intervention Plan (BIP) is a proactive action plan to address challenging behavior(s) that are impeding learning of the student or others. These behaviors are also referred to as "problem/maladaptive behaviors", however, PENT uses the language "challenging behavior", as we believe that student behavior is not a problem, rather a learned behavior which currently meets the student's need through the use of an ineffective, challenging behavior.

It is assumed that lesser interventions at Tier I and Tier II have not been successful. If developed for a student with an IEP or 504 plan, this becomes a part of those documents. Behavior Intervention Plans should focus on understanding 'why' the behavior occurred (i.e., 'the function' or 'communicative intent') then focus on teaching an alternative behavior that meets the student's need in a more acceptable way.

A BIP includes positive behavioral interventions, strategies and supports, and identification of a desired replacement behavior for the student to learn to use in place of the challenging behavior. A BIP also includes a plan for instructional and environmental changes, providing reinforcement, reactive strategies, and effective team communication.

Developing behavior interventions that appropriately, effectively, and efficiently address the relationship between learning and challenging behavior is a complex task that requires a host of essential elements and procedures. The information included in the Behavior Intervention section of the PENT website provides the "Big Ideas" of behavior planning, comprehensive resources, guidelines, and best practice for developing, writing, and evaluating BIPs.

9.4 Interim Alternative Educational Setting Placement (IAES)

Interim Alternative Educational Setting (IAES) is a term for an educational setting and program other than the student's current placement that enables the student to continue to receive educational services according to his or her Individualized Education Program. The Individualized Education Program or IEP is a plan determined by a team who develops a set of modifications for the educational program of a special education student. The setting is designed to allow the student to continue progress in the regular curriculum to meet the goals set out by the IEP and to allow students to receive services and modifications designed to help students address problem behavior.

Under certain circumstances, a district can immediately place a student in a different placement, and keep the student there for up to 45 school days, even if the behavior is found to be a manifestation of his disability. In this situation, the different placement is called an “interim alternative educational setting”.

The student may be placed in an “interim alternative educational setting” if the district claims he has done any of the following:

1. Carried a weapon to school or possessed a weapon at school or on school grounds or at a school function;
2. Knowingly possessed or used illegal drugs, or sold or solicited the sale of such a drug while at school, on school grounds, or at a school function;
3. Inflicted serious bodily injury upon another person while at school, on school grounds, or at a school function. “Serious bodily injury” means: substantial risk of death, or extreme physical pain, or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
   [20 U.S.C. Secs. 1415(k)(1)(G) & (7)(d)); 34 C.F.R. Sec. 300.530(g).]

Even if the school district attempts to remove your child to an interim alternative educational setting, it must still meet with you within 10 school days to have a manifestation determination meeting.

9.5 Behavior Emergency Report (BER)

 

Link to the Behavior Emergency Report (BER) Online Form on the Lake County SELPA Website.

____________________________________________________________

Guide to Using the Behavior Emergency Report (BER) Online Form

Major incident reporting is necessary for severe behavior incidents involving physical harm to self or others, and/or when a restraint or seclusion practice is used as consequence to a severe behavior. Restraint and seclusion should always be considered a last resort option and used as a safety measure, never as a discipline or punishment strategy or for the convenience of staff.

Emergency interventions may not be used in lieu of an appropriate Behavior Intervention Plan (BIP) that is designed to change, replace, modify, or eliminate a targeted behavior. Emergency interventions may only be "used to control unpredictable, spontaneous behavior that poses clear and present danger of serious physical harm" to the student with a disability or others and that "cannot be immediately prevented" by a lesser restrictive response.

The Behavior Emergency Report does not replace district discipline reporting policies and procedures. Reference discipline procedures and district board policy as necessary.

______________________________________________________________________

Use the online Behavior Emergency Report (BER) Form if you mark at least one of the following:

• Did the incident involve aa violation of Education Code Sections 48900 or 48915? (see Education Codes 48900 and 48915 for reference of code violations)
• Did the incident result in restraint or seclusion? (see definition in Education Code 49005.1) * If restraint was applied by law enforcement or school security personnel, the incident is not reportable using the BER.

______________________________________________________________________

Below is a checklist/guide for completing the BER Form for the behavior incident reporting. Complete only one BER for a behavior incident. Request assistance in completing the BER as necessary.

Please note, for the purposes of the BER do not use other student names in the report, refer to others by title, for example students as “student” or “student 1” “peer”, etc.

Section 1: Student Information

• Complete this section with all required information. 

Section 2: Emergency Interventions

• Complete this section to provide necessary information regarding the details of the incident being reported

Section 3: Antecedents

• To the best of your knowledge, mark all appropriate areas to describe what was happening prior to behavior escalation, where the student was prior to the incident and any de-escalation strategies used. 
• Add additional documentation when describing the incident, as necessary, in the appropriate location in the form. 

Section 4: Incident Description

• Upload all staff/witness reports as part of this section. 
• To the best of your ability identify the potential reason/function of the behavior in this particular incident. 
• Identify the consequences following the behavior. 
• What, Who, Where, Time frame, etc. 
• Indicate the level of emergency interventions used by paramedics or law enforcement. 

Section 5: Debriefing

• Support for the Student Debriefing process occurs following the incident. 
• Staff debrief followed the incident. 
• Incident Reports for injuries are reported to an administrator and necessary forms are completed following district policy and procedures. 
• The IEP team reviewed the IEP and BIP, if applicable. 
• The Staff Debriefing Form should be used to support this phase of the process. 
• Restorative meeting with students/classroom and staff is encouraged prior to a student's return to school after the incident. 

Section 6: Notification Procedures ( required Notifications)

• Inform the site and district special education administration of the behavior incident noted in the BER, if not involved during the intervention process. 
• The Administrator and Case Manager should review the BER form. 
• Contact Parents/Guardians by the end of the school day or within 24 hours of the behavior incident.
  • A copy of the BEW does NOT go to parents/guardians, UNLESS they request a copy. It is the LEA's discretion to provide upon receipt of an informal request.
• Should an outside agency or NPA staff be involved in the reported incident, especially if injured, that staff member's supervisor should also receive a copy of the incident report. 
• Once the behavioral incident is documented within the Student Information System (SIS), this incident should be printed from the SIS, attached to this form, and included with the original BEW that is submitted to the SELPA within 5 school days following the incident. 

Section 7: Administrative Actions

• Administrative actions are to be completed within two school days following the incident. 
• An IEP meeting is calendared within two school days, and a meeting is scheduled within 10 school days.
• Is is recommended the IEP team should attempt to meet prior to the student returning to school, prior to returning from a suspension.
• The purpose of the IEP meeting is to discuss the supports and services that are currently in place for the student and if additional supports and services may be needed in order to assist in decreasing the students inappropriate and dangerous behaviors and thus avoiding the need for a restraint in the future. 
• If a Behavior Intervention Plan (BIP) is already included in the IEP, team should consider revising it as needed.
• If no BIP exists, the IEP team should consider writing one to address behaviors and/or completing a Functional Behavior Assessment (FBA) in order to write a BIP. 
• A Manifestation Determination meeting is held once the student has reached or surpassed 10 days of suspension, AND every suspension following 10 days. 

Section 8: Assurances

• Final section documenting submission information and staff contact information. 

*Keep a copy of this completed checklist and BER form for your records.*

This is a guide for reference of the procedures to be followed. A downloadable copy of this document, the Behavior Emergency Report template along with the Staff Debriefing Form can be found in the SEIS document library and on the SELPA website.

10.1 Overview of California Assessment of Student Performance and Progress (CAASPP)

The California Assessment of Student Performance and Progress (CAASPP) administration includes the Smarter Balanced Summative Assessments (SBAC); the California Alternate Assessment (CAA), including the CAA for Science; the California Science Test (CAST); and the California Spanish Assessment (CSA).

The SBAC, CAA, CAST and CSA are given annually to required grade levels. See below sections for more information about each type of assessment.

10.2 Smarter Balanced Assessment Consortium (SBAC)

Students in grades three through eight and grade eleven will take the Smarter Balanced Summative Assessments for English language arts/literacy (ELA) and mathematics. These assessments are administered online. A student may be exempted from taking the Smarter Balanced assessments in the following three situations:

1. The student is eligible to participate in taking the CAA as determined by the child’s Individualized Education Program (IEP) team.
2. The student has been designated as an English learner and is within his or her first 12 months of enrollment in a U.S. school as of April 15th of the previous year. (This exemption applies only to the ELA portion of the SBAC)
3. The parent has expressed in writing that his or her student should be excluded from taking the summative assessments.
   1. Though it is the right of the parent/guardian to request their child be excluded, these situations should be discussed with a school administrator. It is also recommended that communication with the child’s parent/guardian should take place in order to provide clarification of the assessment requirements for participation and discussion surrounding support, if any, may be necessary to prepare the child for these annual assessments.

The California Science Test (CAST) can be administered to all students in grades five and eight and once in high school. All students must take the science assessment by the end of grade twelve, but have the option of testing in grade ten or grade eleven. Students assigned to take an alternate assessment should take the CAA for Science.

The California Spanish Assessment (CSA) is intended for Spanish-speaking students in grades three through eight and high school to measure competency in Spanish language arts to provide student-level data in Spanish competency. These are optional tests that can be administered online. The California Assessment of Student Performance and Progress (CAASPP) and English Language Proficiency Assessments for California (ELPAC) provide a full range of assessment resources for all students, including those who are English learners and students with disabilities. These resources ensure that the assessments meet the needs of all students. Teachers are encouraged to review these resources early in the school year and provide opportunities for students to experience these resources throughout the year in classroom instruction and assessment.

Some resources are embedded into the technology platform for the computer-administered CAASPP and ELPAC tests. Other resources are considered non-embedded since they are provided by the local educational agency (LEA). The following list defines the four different categories of student accessibility resources:

Types of Student Accessibility Resources

• Universal tools are available to all students on the basis of student preference and selection.
• Designated supports are available to all students when determined for use by an educator or team of educators (with parent/guardian and student input, as appropriate) or specified in the student's individualized education program (IEP) or Section 504 plan.
• Accommodations must be permitted to all eligible students taking CAASPP and ELPAC tests if specified in the student's IEP or Section 504 plan.
• Unlisted resources are not universal tools, designated supports, or accommodations. Unlisted resources shall be made available if specified in the eligible student's IEP or Section 504 plan and only with approval from the California Department of Education (CDE). See the Unlisted Resources web page for more information.

See options for universal tools, designated supports and testing accommodations here: https://www.cde.ca.gov/ta/tg/ca/accessibilityresources.asp

This resource displays the embedded and non-embedded universal tools, designated supports, and accommodations (UDAs) allowed as part of the California Assessment of Student Performance and Progress (CAASPP) and English Language Proficiency Assessments for California (ELPAC).

10.3 California Alternative Assessment (CAA)

The CAAs for ELA and mathematics in grades three through eight and grade eleven are individually administered to students who have an individualized education program that indicates the use of an alternate assessment on statewide assessments. All eligible students are required to participate in these online assessments.

The CAA for Science can be administered to eligible students in grades five and eight and once to each eligible student while that student is in high school. All students must take the science assessment by the end of grade twelve, but have the option of testing in grade ten or grade eleven. Only eligible students may participate in the administration of the CAAs.

For more information visit the CAASPP website: https://www.caaspp.org/administration/about/testing/index.html

10.4 Accessibility Resources: Universal Tools, Designated Supports and Accommodations

All CAASPP and ELPAC tests, including alternate assessments, provide a wide range of resources to ensure that tests meet the needs of all students.

Types of Student Accessibility Resources

• Universal tools are available to all students on the basis of student preference and selection.
• Designated supports are available to all students when determined for use by an educator or team of educators (with parent/guardian and student input, as appropriate) or specified in the student's individualized education program (IEP) or Section 504 plan.
• Accommodations must be permitted to all eligible students taking CAASPP and ELPAC tests if specified in the student's IEP or Section 504 plan.
• Unlisted resources are not universal tools, designated supports, or accommodations. Unlisted resources shall be made available if specified in the eligible student's IEP or Section 504 plan and only with approval from the California Department of Education (CDE). See the Unlisted Resources web page for more information.

See options for universal tools, designated supports and testing accommodations here: https://www.cde.ca.gov/ta/tg/ca/documents/elpacresourcescb.pdf

In the Test Operations Management System (TOMS), accessibility resources are called test settings. Test settings for summative assessments can be applied by local educational agency (LEA) coordinators or site-level coordinators in TOMS. Contact your LEAs CAASPP/ELPAC Testing Coordinator with questions.

IEP Team members should understand that any CAASPP and/or ELPAC accommodation noted in the student’s IEP should align specifically with the everyday Classroom/Program Accommodations

10.5 English Language Proficiency Assessment for California (ELPAC)

The English Language Proficiency Assessment for California (ELPAC) is the required state test for English language proficiency (ELP) that must be given to students whose primary language is a language other than English. State and federal law require that local educational agencies administer a state test of ELP to eligible students in Transitional Kindergarten/Kindergarten through grade twelve. 

The ELPAC is aligned with the 2012 California English Language Development Standards. It consists of two separate ELP assessments: one for the initial identification of students as English learners (ELs), and a second for the annual summative assessment to measure a student’s progress in learning English and to identify the student's level of ELP.

Initial ELPAC

The Initial ELPAC is the required state test for English Language Proficiency (ELP) that is given to students whose primary language is a language other than English. State and federal law requires that local educational agencies (LEAs) administer a state test for ELP to eligible students in kindergarten through grade twelve. The purpose of the Initial ELPAC is to determine the English proficiency of students entering California schools for the first time. Identifying students who need help learning in English is important so students get the support they need to do well in school while receiving instruction in all school subjects.

Summative ELPAC

The Summative ELPAC measures how well English learner students are progressing with English language development in each of the four domains. The ELPAC is aligned with the 2012 California English Language Development Standards and assesses four domains: Listening, Speaking, Reading, and Writing. The purpose of the Summative ELPAC is to measure a student’s progress toward English proficiency and to help determine if the student is ready to be reclassified. This is important to ensure that students continue to receive the support they need to do well in school.

Students with specific learning needs may require accessibility resources to fully engage and demonstrate mastery of content during instruction and on assessments. To better serve them, the English Language Proficiency Assessments for California (ELPAC), including the Alternate ELPAC, provides a wide range of resources to ensure that the administration of the test meets the needs of all students, including those with disabilities. The California Assessment Accessibility Resources Matrix displays the embedded and non-embedded universal tools, designated supports, and accommodations allowed as part of the California Assessment of Student Performance and Progress (CAASPP) and ELPAC systems.

Teachers are encouraged to review these resources early in the school year and provide opportunities for students to experience them throughout the year in classroom instruction and assessment. Some resources are embedded into the technology platform for computer-administered tests. Others are considered non-embedded, since they are provided by the local educational agency.

10.6 Alternate English Language Proficiency Assessment for California (ELPAC)

The California Department of Education developed the Alternate English Language Proficiency Assessments for California, or Alternate ELPAC. The purpose of the Alternate ELPAC is two-fold:

• the Initial Alternate ELPAC provides information to determine a student’s initial classification as an English learner (EL) or as initial fluent English proficient (IFEP)
• the Summative Alternate ELPAC provides information on student annual progress toward ELP and supports decisions for students to be redesignated fluent English proficient (RFEP).

10.7 Eligibility for Alternate Assessments

California Alternate Assessment (CAA)

Students are eligible to take the CAA only if it is indicated in their active individualized education program. The CAA is available for the English language arts, mathematics and science assessments.

The following information are suggestions that local educational agencies (LEAs) can do to prepare for administering the California Alternate Assessment.

• Have individualized education program (IEP) teams determine well in advance of the testing window which assessment is most appropriate for their student, using the Alternate Assessment Decision-Making Tool for California.
• The Alternate Assessment Decision-Making Tool for California is designed to support the IEP team in determining if the alternative assessment is appropriate for individual students.
• You can access a copy of this Decision-Making Tool here: https://www.cde.ca.gov/ta/tg/ca/documents/altassessmentdecision.pdf

Alternate ELPAC

The following information are suggestions that local educational agencies (LEAs) can do to prepare for administering the statewide Initial Alternate and Summative Alternate ELPAC.

• Have individualized education program (IEP) teams determine well in advance of the testing window which English language proficiency assessment is most appropriate for their students.
• If the student is determined to have the most significant cognitive disabilities and their primary language is other than English, then they should be assigned:
  • the Initial Alternate ELPAC upon enrolling in a California school for the first time, or
  • if they are already an English learner, the Summative Alternate ELPAC.
• Should an IEP team or other school team determine that a student should be exempt from one domain of the Initial or Summative ELPAC the ELPAC Domain Exemption Decision-Making Tool should be completed.
• You can access the ELPAC Domain Exemption Decision-Making Tool here: https://www.cde.ca.gov/ta/tg/ep/documents/elpacdecision.pdf

10.8 Reclassification of EL Criteria

The following information pertains to reclassification of EL students who have taken either the ELPAC or Alternate ELAPC. The first link contains the CDE link to Ed Code about reclassification. The second link is to the reclassification worksheet developed by State SELPA and added to the SEIS library. It aligns with the student form in the SEIS platform.

There are four basic criteria outlined for reclassification. All multilingual students must    meet all four criteria to be re-classified. The four criteria are as follows:

• Criteria 1: Performance on the ELPAC- Overall ELPAC score of 4 or ALT. ELPAC score of 3 is required for re-classification. There are three options for meeting criteria 1. The three options are:
  • English learners with disabilities who are able to demonstrate English Language Proficiency in all four domains (reading, writing, speaking, listening) with or without accommodations. 
  • English learners with significant cognitive impairments who are assessed using an alternate ELPAC process.
  • English learners with disabilities whose disabilities preclude assessment in one or more domains on the English language proficiency assessments and there are no appropriate accommodations for the affected domains. 
• Criteria 2: Student Performance Elementary- Comparison of student performance in basic skills against an empirically established range of performance in basic skills based on the performance of English proficiency students of the same age. 
• Criteria 2: Student Performance Secondary- Comparison of student performance in basic skills against an empirically established range of performance in basic skills based on the performance of English proficient students of the same age.
• Criteria 3: Teacher Evaluation: To include, but not limited to, a review of the student's curriculum mastery. 
• Criteria 4: Parent Consultation: Meaningful parent involvement, parent opinion, and consultation in the redesignation process. 

 Domain exemption: For a student with an IEP or 504 plan, once necessary     accommodations have been exhausted, IEP teams may consider for dually identified students a domain exemption. Only when a domain is not accessible, the IEP team may determine that a Domain exemption is necessary. Only one domain from the Oral Language Composite (Listening or Speaking), and one from the Written Language Composite (Reading or Writing) may be exempted. 

For criteria specific to dually identified students with EL and IEP’s, open the document   below to view more detailed information about this group of students.

    Reclassification worksheet from SEIS/State SELPA

11.1 FERPA

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records, ensuring that parents and students have access to their records and control over their disclosure, while also requiring schools to maintain confidentiality. 

Here's a more detailed explanation:

What FERPA Does:

• Protects Privacy:
  FERPA mandates that schools keep student education records confidential and limits access to these records without parental consent (or the student's consent once they reach 18 or attend post-secondary education). 
• Ensures Access:
  FERPA grants parents and eligible students the right to inspect and review their education records, request corrections, and obtain a copy of the institution's policy concerning access to educational records. 
• Applies to Schools:
  FERPA applies to all schools that receive funds under an applicable program of the U.S. Department of Education, including public schools and most private institutions. 
• Defines Education Records:
  FERPA defines "education records" as any document containing information directly related to a student and maintained by an educational agency or institution, or by a party acting on behalf of the agency. 
• Limits Disclosure:
  FERPA generally restricts the disclosure of student education records without written parental consent (or student consent once they are eligible). 
• Exceptions to Confidentiality:
  There are some exceptions to the general rule of confidentiality, such as disclosures to school officials with legitimate educational interests, certain disclosures to other schools, and disclosures of "directory information" after proper notification. 

Key Concepts:

• Education Records:
  These include records, files, documents, and other materials containing information directly related to a student. 
• Parental Rights:
  Parents have the right to access their children's education records until the child turns 18 or attends a post-secondary institution, at which point the rights transfer to the student. 
• Eligible Student:
  A student who is 18 years of age or attends a post-secondary institution, at which point the rights under FERPA transfer from the parent to the student. 
• Directory Information:
  Certain information about students, such as name, address, phone number, and dates of attendance, can be disclosed without consent if the school has notified parents and students of its policy and the opportunity to opt out. 
• Consent:
  FERPA requires written consent from parents (or eligible students) before disclosing personally identifiable information from education records, with some exceptions. 

Consequences of Non-Compliance:

• Schools that fail to comply with FERPA risk losing federal funding. 
• Penalties for FERPA violations can include fines, employee suspension or termination, and disciplinary action from the US Department of Education.

11.2 LGBTQ+

LGBTQ+ and student rights

The Lake County SELPA is committed to providing a safe, supportive, and inclusive learning environment for all students, including transgender students, and to ensuring that every student has equal educational opportunities and equal access to educational programs and activities. 

California and federal law (California Ed. Code § 220 and Title IX, 20 U.S.C. § 1681) requires schools to treat transgender students equally and fairly. State and federal law require that all programs, activities, and employment practices be conducted without discrimination based on, among other things, actual or perceived gender identity, gender expression, or gender. California Education Code § 201 further provides that public schools have an affirmative obligation to combat bias, and a responsibility to provide equal educational opportunities to all students. Thus, Local Education Agencies (LEA’s) have a legal obligation to ensure that transgender students are safe, supported, and fully included in all school activities, programs, facilities, and educational opportunities. ‘No person shall be subjected to discrimination on the basis of actual or perceived gender identity, gender expression, gender, or sexual orientation.’ (Cal. Ed. Code § 220, 20 U.S.C. § 1681 (Title IX)

Applicable Laws and regulations

20 U.S.C. §1681-§1688 - Title IX of the Educational Amendments Act of 1972: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

California Code of Regulations Title 5 § 432 - Varieties of Pupil Records

California Ed Code §201 - Educational Equity: (a) All pupils have the right to participate fully in the educational process, free from discrimination and harassment. (b) California's public schools have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity.

California Ed Code §210.7 (2018) - Educational Equity; Definitions: “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.

California Ed Code § 220 (2022) - Educational Equity; Prohibition of Discrimination: No person shall be subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance, or enrolls pupils who receive state student financial aid.

California Ed Code §221.5 - Educational Equity: (f) A pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.

California Ed Code § 234.1 - Safe Place to Learn Act: The department shall assess whether local educational agencies have done all of the following: (a) Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics set forth in Section 422.55 of the Penal Code, including immigration status, and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy shall include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the local educational agency, and all acts of the governing board or body of the local educational agency, the superintendent of the school district, and the county superintendent of schools in enacting policies and procedures that govern the local educational agency.

California Ed Code § 51204.5 - General Provisions: Instruction in social sciences shall include the early history of California and a study of the role and contributions of both men and women, Native Americans, African Americans, Mexican Americans, Asian Americans, Pacific Islanders, European Americans, lesbian, gay, bisexual, and transgender Americans, persons with disabilities, and members of other ethnic and cultural groups, to the economic, political, and social development of California and the United States of America, with particular emphasis on portraying the role of these groups in contemporary society.

California Ed Code § 51933 (d)(5,6) - California Healthy Youth Act: (5) Instruction and materials shall affirmatively recognize that people have different sexual orientations and, when discussing or providing examples of relationships and couples, shall be inclusive of same-sex relationships.(6) Instruction and materials shall teach pupils about gender, gender expression, gender identity, and explore the harm of negative gender stereotypes.

Key areas

Use of Pronouns: Students shall be addressed by the name and pronoun of their asserted gender identity at school. (Cal. Ed. Code § 221.5) (CDE FAQ about AB1266)

Restroom Accessibility: Students shall have access to restrooms based on their asserted gender identity. (Cal. Ed. Code § 221.5)(CDE FAQ about AB1266)

Sports and Athletics: All students should have the opportunity to participate in California Interscholastic Federation (CIF) activities in a manner that is consistent with their gender identity, irrespective of the gender listed on a student’s records. (CIF bylaws)

Privacy and Confidentiality: All students have a right to privacy. This includes the student's gender identity. Sections 6 and 7 of the CDE FAQ provides additional guidance. (CDE FAQ about AB1266) 

Unofficial Records: Legal guidance from the California School Boards Association (CSBA) suggests using the students preferred name on all unofficial records. (CSBA Legal Guidance) 

Official Records: Legal guidance from CSBA and the CDE recommends the students ‘mandatory permanent record’ maintains the students legal name and gender; and may only be changed with appropriate documentation. (CSBA Legal Guidance) (CALPADS Guidance on Student Name and Gender) (California Code of Regulations Title 5 § 432)

Resources

California School Boards Association Legal Guidance on Rights of Transgender and Gender Nonconforming Students in Schools

Frequently Asked Questions: School Success and Opportunity Act (AB 1266)

Guidance for Changing a Student’s Legal Name and Gender

Legal Advisory regarding application of California’s anti discrimination statutes to transgender youth in schools

LGBTQ+ Student Privacy: Policy and Procedure

Supporting LGBTQ+ students

It shall be the policy of this SELPA to prohibit school personnel from requiring a student to

obtain a prescription for a substance covered by the Controlled Substances Act as a

condition of attending school or receiving a special education assessment and/or

services.

504: Section 504-  Section 504 of the Rehabilitation Act of 1973 is a federal law that protects qualified individuals from discrimination based on their disability. Section 504 forbids organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. It defines the rights of individuals with disabilities to participate in, and have access to, program benefits and services. 

ADA: American with Disability Act- is a civil rights law that prohibits discrimination based on disability in the areas of employment; access to services, programs, and activities provided by State and Federal government; and requires accessibility to all new construction and modifications to existing structures.

AAC: Augmentative Alternative Communication- Any means in which a person communicates other than spoken language. Examples include sign language, written communication, picture symbol communication systems, and communication devices with voice output such as Big Mac, Cheap Talk, DynaVox, Vanguard, etc

ADL: Activities of Daily Living- Activities related to personal care. They include bathing or showering, dressing, getting in and out of bed or a chair, walking, using the toilet, and eating.

AP: Assessment Plan- a document that outlines the assessment tools and methods used to determine eligibility for special education services as well as present levels of performance, the types of measurements used to collect this information, and the assessor(s) responsible for the collection/review of the data. Assessments will be composed of data from multiple sources and require a multidisciplinary team of specialists to gather and interpret the data.

APE: Adapted Physical Education- Special education remedial program for students who require specialized physical education instruction that cannot be provided in a regular or modified physical education class.

AT: Assistive Technology- Refers to any item, piece of equipment, product, or system, whether acquired commercially off the shelf, modified, or customized; that is used to increase, maintain, or improve the functional capabilities of students with disabilities. AT may be used for access to the curriculum or augmentative communication.

AUT: Autism- A handicapping condition characterized by severe communication and behavior problems requiring a highly structured environment and close supervision

BCBA: Board Certified Behavior Analyst- a graduate-level certification in behavior analysis. Professionals certified at the BCBA level are independent practitioners who provide behavior-analytic services. BCBAs may supervise the work of Board Certified Assistant Behavior Analysts (BCaBAs), Registered Behavior Technicians (RBTs), and other professionals who implement behavior-analytic interventions.

BIP: Behavior Intervention Plan- A plan based on a Functional Behavior Assessment and developed by the IEP team.

CAC: Community Advisory Committee- An advisory committee composed of parents of persons with disabilities enrolled in public or non-public schools within the Lake County SELPA. It may include pupils & adults with disabilities, general education and/or special education teachers, and other school personnel.

CBI: Community Based Instruction- Instruction in the skills needed to function in community settings. Instruction takes place both in the community and the classroom.

COE: County Office of Education- The agency that provides, in general, educational programs for certain students; business, administrative, and curriculum services to school districts; and financial oversight of districts. The Lake County Office of Education serves as the COE for Lake County, and the Administrative Unit for the Lake County SELPA.

COP: Change of Placement- A program changes to a less/more restrictive environment because of insufficient/sufficient progress in the RSP/SDC program.  

CP: Cerebral Palsy- A disability caused by damage to centers of the brain during or after birth resulting in imperfect control of the muscles and marked by muscular in-coordination, spastic paralysis, and speech disturbances.

CCS: California Children’s Services- Government funded agency that provides Occupational and Physical Therapy services and durable medical equipment for the home environment to children with eligible disabilities.

D/BL: Deaf/Blindness- simultaneous hearing and visual impairments , the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.

DEAF: Deafness: A hearing impairment so severe that a child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child's educational performance.

DD: Developmentally Disabled- persons with severe chronic conditions that are due to mental and/or physical impairments and cause problems with major life activities such as language, mobility, learning, self-help, and independent living. Developmental disabilities begin anytime during development up to 22 years of age and usually last throughout a person’s lifetime.

DTT: Discrete Trial Training- Specific teaching strategy used to teach isolated skills. Found to be very effective with children with autism.

ED: Emotional Disability- Students who exhibit one or more characteristics of severe emotional disturbance as specified by law and whose condition has existed for a long period of time and to a marked degree.  This condition is distinguished from antisocial/socially maladjusted behavior, which is not a special education handicapping condition.

ED. RIGHTS: Educational Rights holder-  A court-appointed educational rights holder is responsible for protecting the child's rights and interests with respect to educational or developmental services, including any special education and related services. This individual is most commonly the biological parent.

ELL: English Language Learners- Students who have been identified as speaking a language other than English at home.

EMD: Established Medical Disability-A disabling medical condition or congenital syndrome that the individualized education program (IEP) team determines has a high predictability of requiring special education and services. (CA Ed Code, Section 56441.11(d)) (Note: This eligibility category is only applicable for children ages 3-5)

EO: English Only- Designation under ELL for students who do not speak a language other than English.

ERMHS: Educationally Related Mental Health Services- a range of support services provided to and/or on behalf of a student with an Individualized Education Program (IEP). If deemed necessary following a targeted assessment, the purpose of these services is to allow a student with mental health needs to access and benefit from his or her education. While private counseling may address a wide variety of mental health needs, ERMHS are intended to specifically support skills required for the student to access the educational environment.

ESN: Extensive Support Needs- services that include providing specially designed instruction to access grade-level California Content Standards in the Least Restrictive Environment. The education specialist provides intensive instruction and support in two or more of the following domains: academics, communication, gross/fine motor, social-emotional, behavioral, vocational, and adaptive/daily living skills. The supports also often include health, movement, and sensory support. Extensive Support Needs practices usually include a lower student-to-educator ratio.

ESY: Extended School Year- Special education services in excess of the regular academic year. 

FBA: Functional Behavior Assessment- the process of gathering and analyzing information about the Student's behavior and accompanying circumstances in order to determine the purpose or intent of the actions; designed to help identify positive and appropriate interventions to reduce and replace the undesirable behavior.  

FAPE: Free Appropriate Public Education- It is in accordance with Federal law that a free and appropriate public education is available to all children residing in the Ontario-Montclair School District between the ages of 3-21 inclusive, including children with disabilities who have been suspended or expelled from school.  Appropriate education is that combination of education and related service(s) as determined on an Individualized Education Program (IEP) that meets the unique needs of each individual in order to benefit from his/her access to education opportunities.

FEP: Fluent English Proficient- Designation under ELL for students who have acquired English Skills and are fluent English speakers.

GATE: Gifted and Talented Education- Program designed to meet the unique needs of gifted and talented students. Students must be assessed to meet eligibility for this program.

HH: Hard of Hearing- Hard of hearing is a term used to describe people who have a mild to severe hearing loss. People who are hard of hearing can usually communicate through spoken language and may benefit from assistive devices like hearing aids, cochlear implants, and captioning.

ID: Intellectual Disability- means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior, and manifested during the developmental period, that adversely affects a child's educational performance. (34 Code of Federal Regulations (CFR), Sec. 300.8(c)(6)).

IDEA: Individuals with Disabilities Education Act- Federal legislation that mandates Procedures for the provision of free and appropriate public education (FAPE) in the least restrictive environment (LRE). The IDEA was reauthorized with new provisions in 2004.

IAES:  Interim Alternative Education Setting- a temporary educational setting for students with disabilities that allows them to continue receiving educational services and participate in the general education curriculum. The child is typically placed in an IAES for up to 45 school days. The IEP team or a hearing officer determines the setting.

IEE:  Independent Educational Evaluation- a private evaluation conducted by a qualified examiner who is not employed by the local education agency, at the expense of the local education agency or the SELPA.

IEP:  Individualized Education Program- A written plan, completed annually, prepared at an IEP meeting that includes the student’s present level of performance, eligibility for Special education annual goals and objectives (benchmarks), instructional setting and for interaction/inclusion with non-handicapped peers.

IFSP:  Individualized Family Support Plan- A written plan providing early intervention services to infants and toddlers and their families who have been determined to be eligible for early intervention services.

ITP:  Individual Transition Plan- A plan developed for students beginning at age 16 (or younger, if appropriate) and updated annually. It includes a statement of the transition service needs of the student, related to the IEP, that focus on the future such as participation in vocational programs or advanced placement courses. Please note that a transition plan is required if the student is 16 or turns 16 during the implementation of the current annual IEP.

IWUA: Individual With Unique Abilities

LEA:  Local Education Agency- A school LEA or county office of education, which provides special education and related services.

LEP:  Limited English Proficient Student- a student identified through formal initial identification process as not having sufficient fluency in English.

LFRC: Lake Family Resource Center- provide services in child and youth development, parenting education and personal development, family and community violence prevention, intervention, and treatment, and health & wellness.

LI:  Low Incidence Disability- A federal funding category for students whose primary handicapping condition is hearing impairment, visual impairment, or severe orthopedic impairment or any combination of these.

LRE:  Least Restrictive Environment- The educational environment in which the student receives educational benefit with the least amount of restriction or assistance.  Refers to the goal of educating special education students with general education students to the maximum extent possible.

MD:  Multiple Disabilities- simultaneous impairments (such as intellectual disability-blindness, intellectual disability-orthopedic impairment, etc.,) the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. The term does not include deaf-blind children. (34 CFR Sec. 300.8(c)(7)).

MTSS: Multi-Tiered Systems of Support-an integrated, comprehensive framework that focuses on Common Core State Standards (CCSS), core instruction, differentiated learning, student-centered learning, individualized student needs, and the alignment of systems necessary for all students’ academic, behavioral, and social success.

MTU:  Medical Treatment Unit- outpatient clinics located in designated public schools. PT is provided primarily to address mobility and ambulation needs. PT is provided by a Physical Therapist who is licensed to practice Physical Therapy in California.

NPA:  Nonpublic Agency- A private, nonsectarian group or individual that provides related services. It may be recommended for a student through the IEP process, when the student needs an intensive level of service that is not available through the public education system.

NPS:  Nonpublic School- A private, nonsectarian school that enrolls students with disabilities as identified on the IEP. The California Dept. of Education (CDE) must certify the nonpublic schools included within this provision.

OT:  Occupational Therapy- A related service to help the functional development of a child (usually in the area of fine motor or sensory integration).

OI:  Orthopedically Impaired- Students with specific orthopedic or health problems, which adversely affect their educational performance. These disabilities include, but are not limited to, congenital anomalies, cerebral palsy, amputations, and fractures.

OHI:  Other Health Impaired- Students with health problems, which adversely affect their educational performance.

PECS: Picture Exchange Communication System- A commercially sold picture based communication system for students with limited or no verbal language.

PT:  Physical Therapy- Service recommended by a Physical Therapist who has assessed the student as requiring therapy for large muscle groups.

PWN:  Prior Written Notice- a document that is required following the proposal and/or refusal related to the initiation or change in the identification, evaluation, educational placement, or offer of FAPE (34 CFR 500.503).

RCRC: Redwood Coast Regional Center-provides intake, assessment, diagnosis, and coordinates community-based services for over 10,000 children and adults with developmental disabilities in Del Norte, Humboldt, Lake, and Mendocino counties. We work in partnership with many individuals, family members, community leaders, and agencies to help the people we serve live quality, independent lives in our region.

RCS:  Redwood Community Services- a community driven organization with a vision for a vibrant, healthy, compassionate community where people feel seen, heard, and valued.

RSP:  Resource Specialist Program- A program/service provided for students with disabilities, who are usually fully included in general education classes, by a specially credentialed Resource Specialist teacher.

SDC:  Special Day Class- A special education class, taught by a specially credentialed teacher, for students who benefit from enrollment in special education for a majority of the school day.

SELPA: Special Education Local Plan Area- The service area covered by a special education local plan, and is the governance structure created under the California Education Code. 

SLD:  Specific Learning Disabilities- A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written which may manifest itself in an imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations.  Eligibility for service requires that there is a severe discrepancy between the intellectual ability and achievement in one or more of the academic areas.

SLI:  Speech and Language Impairment- Students who have a speech impairment, language delay, or other disability which interferes with the ability to communicate.

SLP:  Speech and Language Pathologist- work to prevent, assess, identify, and treat speech, language, social communication, cognitive-communication, and swallowing disorders in children and adults.

SP:  Service Plan- A plan paid for by the local school district for students with disabilities who attend private schools. A service plan does not have to ensure a child is provided with FAPE. A service plan spells out the special education and related services the LEA will make available to a child.

SPED: Special Education- Term meaning specially designed instruction, at no cost to parents, to meet the unique needs of a student with a disability, including: instruction conducted in the classroom, in the home, in hospitals & institutions, and in other settings; as well as instruction in physical education.

SST:  Student Study Team/Student Success Team- A school site team that is a function of general education.  The team uses a systematic problem solving approach to assist students who are not succeeding in their current placement. The team develops strategies and organizes resources while providing a system of accountability.  The process may result in a referral to the Student Appraisal Team and/or Special Education assessment.

TBI:  Traumatic Brain Injury- An acquired injury to the brain caused by an external physical event resulting in total or partial functional disability or psychosocial impairment that adversely affects performance.

VI: Visually Impaired- A visual impairment that, even with correction, adversely affects a student’s educational performance. These terms include both partial sightedness and blindness.

Visual: Visual Supports- refers to using a visual item, such as an object, photograph, sign or picture, to communicate. Visual supports aid and enhance communication. They provide children and adults with speech, language and communication needs with an alternative mode of communication.

WNL:  Within Normal Limits- means that the screening was normal for that particular disorder and no additional follow-up is required.

Q. Can a student be exited from special education services (e.g., SAI, speech/language, APE, OT, PT, etc.) without first conducting an assessment?

A. District cannot exit a student from special education services without first conducting assessments to determine whether such action is appropriate. (20 U.S.C. § 1414(c)(5)(A); Ed. Code, § 56381, subd.(h).) 

Q. May a parent cancel special education and related services for his or her child or revoke consent after initially giving it?

A. Yes. A parent may cancel special education and related services or revoke consent for the continued provision of special education and related services. Once consent is revoked by the parent, the LEA may no longer provide special education and related services to the student. This is considered a “revocation” of services. It is important to note, however, that if a parent declines or cancels special education for his or her child and later decides to reverse this decision, the evaluation process must start all over.

Q. What happens if the student is not found eligible for special education?

A. The IEP team reviews the assessment results and determines whether or not the student is eligible for special education programs and related services. If it is determined that the student is not eligible, and the parent disagrees with this decision, the LEA must provide information to the parent as to what the parent can do under IDEA.  The student should be referred back to the SST process to ensure the team continues to implement interventions and document student’s response to interventions over time.

Q. What happens if a student is found eligible for special education, but the parent does not agree?

A. If a student is found eligible for special education and related services and the parent disagrees with that decision, or if the parent does not want his/her child to receive special education and related services, the parent has the right to decline those services. The school may provide the student with special education and related services only with parent consent.

Q. Who is eligible for special education?

A. Students with disabilities, who need special education and related services, are found eligible when they meet the IDEA definition of a “child with a disability” in combination with state law and regulations. There are 14 different disability categories under which a student may be found eligible for special education and related services. These categories are listed below.

• Autism (AUT)
• Other Health Impairment (OHI)
• Deafness (DEAF)
• Emotional Disabilities (ED)
• Deaf-blindness (DB)
• Specific Learning Disability (SLD)
• Hard of Hearing (HH)
• Intellectual Disability (ID)
• Speech or Language Impairment (SLI)
• Traumatic Brain Injury (TBI)
• Multiple Disabilities (MD)
• Orthopedic Impairment (OI)
• Visual Impairment, including blindness (VI)
• Established Medical Disability (EMD)

Q. Can parents observe special education programs that are available in the LEA?

A. Observation may be arranged when a parent is considering the LEA’s offer of FAPE or LRE, following LEA/LCOE policy and procedures. Observations may be arranged through the Special Education office.  Class visits/observations for county placements must be approved/arranged by the county program administrator.

Q. What help is available if a student is having learning or other problems in school?

A. If a student is having a difficult time with learning or parents have observed other problems related to their child’s educational performance, parents or educators should contact the principal and/or general education teacher of their child’s school and describe the concerns about their child’s educational performance. It may be appropriate to have a student study team (SST) meeting, with the parent as an important member. The purpose of a SST meeting is to review the student’s strengths, needs, and possible interventions. Prior to referring a student for special education assessment, the school is required to consider resources of the general education program. 

Q. Does the school need parent consent to implement the IEP?

A. Yes. The school must obtain informed written consent from the parent before the initial provision of special education and related services to their child and must make reasonable efforts to obtain that consent. If parents do not respond to the request for consent for the initial provision of special education and related services, or refuse to give consent, the LEA may not override the lack of consent and implement the IEP and may not provide special education services to the student.

Q. Can a student’s IEP be changed?

A. Yes. At least once a year a meeting must be scheduled to review the student’s progress and develop an annual Program Review IEP. However, the parent does not have to wait for an annual Program Review IEP meeting. The parent (or any other team member) may ask to have the student’s IEP reviewed at any time. This would allow the parent and school to review the student’s educational program and change it as necessary. Upon request for an IEP, the team will have 30 days to convene the meeting. The parent/guardian may request an IEP Plan Review/Amendment meeting at any time, and the district must schedule this meeting within 30 days of the request.

Q. Does the IEP meeting have to be in person?

A. No. when holding an IEP meeting, the parent and school may agree to use other means of participation. For example, some members may participate by conference call, virtual meeting platform or in-person.

Q. May a team member be excused from attending an IEP meeting?

A. Yes, if prior to the meeting, under certain circumstances and only with the consent of both the parent and school. If the member’s area of the curriculum or related service is not going to be discussed or modified at the meeting, then he or she may be excused if the parent and school agree in writing. A member whose area of expertise is going to be discussed or changed at the meeting may be excused under two conditions:

• Parent (in writing) and school agree to excuse the member; and,

• Excused member gives written input about developing the IEP to the parent and the team before the meeting.

Q. Can a student be placed in the special education program without parent permission?

A. No, consent is required.

Q. Are there any individuals for whom advance written notice must be given to the school in order for them to be at an IEP meeting? 

A. Yes. If the parent chooses to bring an attorney to an IEP without giving the school advance notice, the school may elect to reschedule the meeting. It is common practice when there is legal representation on one side for the other side to seek the same representation.

Q. Could an IEP meeting be scheduled via an email?

A. Parents can correspond with the school via email if IEP meeting dates need to be changed or confirmed. The school could send out the notification via regular mail or email if this is acceptable to the parent. The process should remain collaborative, and allow for parent/guardian to be involved in the process.

Q. Does a teacher, therapist, or director have the authority to extend time for therapy (e.g., speech) during an IEP meeting?

A. It is required that the decision is made based on student need, typically based on assessment and agreement from the IEP team.

Q. What if a parent speaks a language other than English?

A. At any meeting a parent attends for which he/she needs an interpreter or translation, the LEA is responsible for finding qualified interpreters and translators for documents to ensure collaborative and meaningful parent engagement.

Q. Do parents have to sign the IEP document at the time of the meeting?

A. It is a goal to complete the IEP document at the meeting which includes parent signature for consent to implement the developed IEP. However, parents may choose to take the IEP home to review it further. If this is the case, then the parent should sign the “participation” section at the IEP meeting. After taking more time to study the IEP document and being in agreement, then the parent could sign the IEP and return it promptly. Parents will receive a copy of the entire IEP document that is created at the meeting including the notes page.

*A DRAFT copy of the IEP is expected to be prepared and distributed to team members at the time of the meeting.

If there is a disagreement, questions or clarification needed, the parent should call the student’s case manager or the school administrator who attended the IEP. If the questions and/or concerns cannot be addressed at the school site level, the special education director at the LEA office could be contacted next. Parent rights allow many different ways to resolve disagreements. The LEA is required to tell parents what those ways are and how to use them.

Q. What happens if the parent does not agree with part or all of the IEP?

A. If the student already has an IEP in place, and the parent disagrees with the new IEP, the old IEP will remain in effect. If only part of the new IEP is not agreed to, that part will not go into effect until the issue is resolved. There is a place on the IEP document under consent where the parent can state the part of the IEP to which he/she does not agree.

Q. May IEP meetings be audio recorded?
Yes. Parents may audio record an IEP meeting or Section 504 meetings, even without the school district’s permission, as long as the parents give the school district 24 hours’ notice of their intention to do so. Similarly, a school district may tape record a meeting with 24 hours’ notice to the parent. However, the district cannot tape record the meeting if the parent objects. If the parent objects to the district tape recording, then there can be no tape recording of the meeting by either the district or the parent. [Cal. Ed. Code Sec. 56341.1(g)(1).]

Q. What should be done if a parent or educator thinks a student needs a change in services?

A. Parents or educators may make a request in writing to the case manager for an IEP team meeting to discuss concerns. They may also wish to provide documentation (test results, example of class work, etc.) to substantiate the request. This may be done as often as the parent or school believes is necessary. If additional meetings are requested to amend the IEP, the school must hold the meeting within 30 days of the written request (not including school holidays). An existing IEP may also be amended (for services and  placement decisions) by  holding a full or amended IEP meeting.

15.1 Continuum of SELPA Services

 

Direct Student Services:

• Deaf and Hard of Hearing (DHH) Teacher: Estafania Rosa, virtual provider
• Vision Impairment (VI) Teacher: Leslie Silva, virtual provider and Steven Eudy, in person
• Orientation & Mobility (O&M) Teacher: Steven Eudy, in person
• Adapted Physical Education (APE) Teacher: Cody Brull, in person

Continuum of Support-SELPA

 

15.2 Performance Goals and Indicators

Performance Goals and Indicators

It shall be the policy of this SELPA to comply with the requirements of the performance

goals and indicators developed by the CDE and provide data as required by the CDE.

Supplementation of State, Local and Federal Funds

15.3 Supplementation of State, Local and Federal Funds

It shall be the policy of this SELPA to provide assurances that funds received from Part B

of the IDEA will be expended in accordance with the applicable provisions of the IDEA,

and will be used to supplement and not to supplant state, local, and other federal funds.

15.4 Maintenance of Effort (MOE)

It shall be the policy of this SELPA that federal funds will not be used to reduce the level of

local funds and/or combined level of local and state funds expended for the education of

children with disabilities except as provided in federal laws and regulations.

15.5 Request for SELPA Support

LEAs should use the below form to support requests for Tier 2 or 3 support only.

Request for SELPA Support (LEA form)