San Diego Unified School District

Special Education Division

Policy and Procedures Manual

Draft

2009

TABLE OF CONTENTS

Chapter 1: Introduction Federal Legal Requirements Special Education Programs Division

Chapter 2: Child Find, Screening, and Referral Public Awareness and Screening Identification of SDUSD Students Eligible for Special Education Services Early Intervening Services through General Education Referral for Assessment for Special Education Services Determining Whether the Student needs an Assessment

Chapter 3: Assessment Process Purpose of Assessment Initiating the Assessment (Initial and Reassessment) Protection in Assessment Procedures Assessment Reports Determine (Re) Eligibility for Special Education Services Independent Educational Evaluation Early Start Infant Program

Chapter 4: Individualized Education Programs

Timelines IEP Team Members Case Manager’s Preparation for the IEP Meeting IEP Roles Structuring the IEP Meeting Content of the IEP Follow-up to IEP Meeting and Amending IEP Student Withdrawal from School Students Transferring into the School District with IEPs Students Enrolled in Private Schools by Parents Juvenile Court and Community Schools (JCCS)

Chapter 5: Discipline

Overview of Procedural Safeguards Weapons, Drugs, or Serious Injury: Emergency Procedures Appeals Students without IEPs or Section 504 Plans “Deemed to Have a Disability”

Referral to and Action by Law Enforcement and Judicial Authorities Application of Section 504 and ADA

Chapter 6: Procedural Safeguards

Overall Parental Involvement Notice Consent Notice of Procedural Safeguards Access to Records Mediation Impartial Due Process Hearings Resolution Process Due Process Hearing Officer Appointments and Due Process Hearings Student Status During Proceeding Hearing Decisions Attorney Fees and Costs Complaints

Chapter 7: Section 504

Eligible Students Procedures

Chapter 8: Records and Confidentiality

Definition of Education Records Access to Records Amendment of Records Parent Consent for Records Destruction of Information Student Rights

Appendices

Disability and Related Services Definition Eligibility Criteria Description of Various Related Services Designated Positive Behavior Interventions Commonly Used Abbreviations and Acronyms Website Links

Chapter 1: Introduction

This document describes the policies and procedures governing the education of students with disabilities in the San Diego Unified School District (SDUSD). These services are governed by a variety of federal laws and regulations that are implemented through state law and mandate. Below is a description of the major federal laws, roles, and responsibilities of individuals involved in the administration of a progression of services that include: supporting students who have difficulty achieving academic success; Response to Intervention (RTI) and other prereferral strategies; special education services and programs; special education accommodations and modifications; and charter schools.

I. Federal Legal Requirements

Three Federal laws govern the education of students with disabilities:

• Individuals with Disabilities Education Act (IDEA)

• Section 504 of the Rehabilitation Act of 1973 (Section 504)

• Americans with Disabilities Act (ADA)

Under these laws, all students with disabilities ages 3 through 21 have a right to receive a free appropriate public education along with procedural safeguards governing their identification, assessment, and placement. Essential to these procedural safeguards is the involvement of parents.

A. Individuals with Disabilities Education Act (IDEA)

The IDEA authorizes funding to states and school districts. To receive and maintain such funds, these agencies must comply with specific rules regarding the education of students with disabilities. The IDEA applies only to students having specific disabilities that are identified through the required assessment process (see Chapter 3).

1. Free Appropriate Public Education (FAPE)

Each student found to have an IDEA disability is entitled to receive a free appropriate public education (FAPE) in the least restrictive environment (LRE). To determine whether a student has one of the specified IDEA disabilities and requires special education services:

a. The student is assessed in all areas of the suspected disabilities by a multidisciplinary group of professionals;

b. A meeting, which includes parents/guardians, is held to review the assessment results.

If it is determined that the student needs special education services, the meeting participants develop an Individualized Education Plan (IEP), which provides for specially designed instruction that cannot be provided with modification of the regular instructional program and related services. In addition, the IEP identifies

services and placement for the student that is in the least restrictive environment (LRE).

2. LRE. Under the following core principles of LRE, students with disabilities are:

a. To the maximum extent appropriate, , including those in public or private institutions or other care facilities, educated with their nondisabled peers;

b. To be removed from the general education environment only if the nature or severity of the disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily (includes placements in special classes or separate schools);

c. Educated in the school that (s)he would attend if nondisabled, unless the IEP requires some other arrangement; and

d. Placed in schools and receive services in locations as close as possible to his/her home.

Chapters 3 (Assessment & Eligibility) and 4 (Individualized Education Programs-- IEPs) describe these requirements in greater detail.

3. Age Range Requirements

All children with disabilities between the ages of birth through 21 are entitled to receive FAPE. Services must be available for children upon their third birthday, assuming that District Staff have prior notice, an opportunity to provide an assessment (if necessary) and develop an IEP within required timeframes.

a. Turns 22 years of age in January through June. Students receiving special education services may continue his/her participation for the remainder of the fiscal year, including any extended school year services.

b. Turns 22 Years of Age in July through September. Such students are not allowed to continue special education services in the new fiscal year. However, if the student is in a year-round school program and the IEP extends into a term in the new fiscal year, then (s)he may complete that term.

c. Turns 22 Years of Age in October through December. Special education services are terminated on December 31 of the current fiscal year, unless the individual would otherwise complete his/her IEP at the end of the current fiscal year.

4. Graduation Exception to Age Range Requirements. FAPE is not required for students with disabilities who have graduated from high school with a regular high school diploma. Graduation with a high school diploma constitutes a change in placement, requiring written prior notice (see Prior Written Notice). Regular high school diploma does not include an alternative degree that is not fully aligned with California’s academic standards, such as a certificate or a general educational development credential (GED).

5. Students Advancing from Grade to Grade. A student found to have a disability under IDEA is entitled to FAPE even though the student has not failed or been retained in a course or grade, and is advancing from grade to grade.

6. Free

Educational and related services must be provided at no cost to the parent, except for those fees that apply to all students, including those without disabilities. The District may use State, Local or Federal resources to meet this requirement. An insurer or similar third party is not relieved from an otherwise valid obligation to provide or pay for services provided to a student with a disability.

SDUSD will not delay the implementation of a student's IEP, including any case in which the payment source for providing or paying for special education and related services to the student is being determined.

7. Prohibition on Mandatory Medication a. General. District staff cannot require a student to obtain a prescription for a

controlled substance as a condition of attending school, receiving an assessment, or receiving services described in this manual.

b. Permissible Action. Teachers and other school personnel may consult or share classroom-based observations with parents regarding a student’s academic and functional performance, behavior in the class or school, or the need for an assessment for special education and related services.

8. Parent, Legal Guardian, Surrogate Parent, and Conservatorship

Throughout this manual, the term parent is used to refer to parents, guardians, surrogate parents and foster parents (as described below). Although the singular and plural version of parent is used interchangeably, both parents share educational rights unless otherwise specified through a divorce or separation documents. Staff may presume that a parent has the authority to act for a child unless a school official is advised that the parent does not have such authority.

a. Parent.

1) Definition. As used in this manual, the term parent means

a) Natural or adoptive parent;

b) Guardians are generally authorized to act as the child’s parent, or authorized to make educational decisions for the child (but not the State if the child is a ward of the state);

c) Individuals acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom a child lives;

d) An individual who is legally responsible for the child’s welfare; or

e) Surrogate parent appointed in accordance with the procedures below.

2) Authorized Unless Evidence to the Contrary. Except as provided below, the biological or adoptive parent is presumed to be the parent UNLESS the case manager has been provided with evidence that there is a current protective order altering the parent's access or a court order terminating the parent’s rights to make educational decisions for his/her child.

3) Judicial Decree or Order. If a judicial decree or order identifies a specific person to act as the “parent” of a student or to make educational decisions on his/her behalf, that individual is considered to be the “parent.”

b. Surrogate Parents

1) Surrogate Parents Are Required When:

a) The student’s parent cannot be identified;

b) After reasonable efforts, the case manager cannot locate the student’s parent;

c) The court has specifically limited the right of the parent to make educational decisions for the child; or

d) The student is a ward of the court.

2) Representation. Surrogate parents may represent students in matters relating to identification, assessment, instructional planning and development, educational placement, reviewing and revising the individualized education program (IEP), and in other matters relating to the provision of a free appropriate public education to the individual. This representation includes the provision of written consent to assessments and initial placement, nonemergency medical services, mental health treatment services, occupational or physical therapy, etc. The surrogate parent may sign any consent relating to IEP purposes.

3) Held Harmless. Surrogate parents are held harmless by the State of California when acting in their official capacity except for acts or omissions that are found to have been wanton, reckless, or malicious.

4) Foster Parents Acting as Surrogates.

a) Eligibility to Act as a Surrogate. Foster parents may act as a surrogate and represent the student in the areas discussed above in the following circumstances:

i. Foster Parent Legal Status. Foster parents include a person, relative or non-relative caretaker, or an extended family member who has been licensed or approved by the county welfare department, county probation department, or the State Department of Social Services, or who has been designated by the court as a specified placement.

ii. Educational Decision-Making. The foster parent has not been excluded by court order from making educational decisions on behalf of a student and the juvenile court has limited the right of the parent or guardian to make educational decisions on behalf of the student.

iii. Permanent Living Arrangement. The student is in a planned permanent living arrangement with the foster parent.

iv. Willingness. The foster parents are willing to participate in making educational decisions on the student’s behalf; and they have no interest that would conflict with the interests of the student.

b) Consultation. A foster parent exercising rights under this section may consult with the parent or guardian of the student to ensure continuity of health, mental health, or other services.

5) Criteria for Selection of Surrogate Parents

a) General Requirements. The District may select a surrogate parent that:

i. Not Employee. Is not an employee of SDUSD, California Department of Education (CDE) or any other agency that is involved in the education or care of the student.

ii. No Conflict of Interest. Has no personal or professional interest that conflicts with the interest of the student that the surrogate parent would represent; and

iii. Knowledge & Skills. Has knowledge and skills that ensure adequate representation of the student.

b) Unaccompanied Homeless Youth. In the case of a student who is an unaccompanied homeless youth, the appropriate staff of emergency shelters, transitional shelters, independent living programs, and outreach programs may be appointed as temporary surrogate parents without regard to the information above until a surrogate parent can be appointed that meets all of the criteria for the selection of a surrogate parent.

6) Document Efforts to Locate Parents. The case manager must document his/her reasonable efforts to locate the student’s parent, including phone calls, letters, certified letters, and visits to parents’ last known address.

7) Checklist & Transmittal Form. The case manager uses the Surrogate Parent Checklist to determine whether a surrogate parent is required and the Surrogate Parent Request Form to request a surrogate from the Compliance Monitoring and Training Office.

8) Identification of Need for Surrogacy. The case manager is responsible for identifying students needing a surrogate parent. If there is a question as to whether the person is a parent, guardian, relative who acts in place of a parent, or a foster parent, the case manager will investigate the need for a surrogate parent. If additional information regarding the need for a surrogate is warranted, the case manager contacts the Special Education Compliance Monitoring and Training Office. Following a determination of need, the case manager faxes a request for a surrogate appointment to Compliance Monitoring and Training Office at 619-725-7424. Confirmation will be sent to the case manager upon assignment of a surrogate parent. The surrogate

parent will receive a letter of appointment within 10 business days of verification of need.

9) Transfer of Parental Rights to Student at Age 18 Years. At 18 years of age, parental rights transfer to the student unless the student has been conserved under state law. Beginning not later than one year before the student turns 18, the parents must be informed about this transfer of rights. The IEP includes a statement that the parent has been informed of his/her rights under IDEA, if any, that will transfer to the student.

c. Conservatorship. In some situations, a student over the age of 18, who is legally an adult, may have a conservator who will continue to act on the student’s behalf in regard to special education and related services. The term “conservator” refers to a person given legal authority and responsibility by the superior court to make educational decisions for an adult person, married minor, or married minor whose marriage has been dissolved and who is not competent to make such decisions or to give informed consent. For more information on conservators, please refer to: http://www.courtinfo.ca.gov/selfhelp/seniors/handbook.htm.

B. Section 504 & Americans with Disabilities Act (ADA). Section 504 and the ADA are additional laws that apply to students with disabilities.

Unlike IDEA, Section 504 is not a funding statute. Rather, it is a civil rights act that applies to any recipient receiving Federal funds, such as the SDUSD. Section 504 states:

No otherwise qualified individual with [disabilities] … shall, solely by reason of [disability], be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

The ADA and Section 504 are not like the IDEA, which defines disabilities in terms of categorical labels. The ADA, as recently amended, and Section 504, has the same criteria for determining disability and services. These two Acts cover:

1. Persons who have a physical or mental impairment that substantially limits one or more major live activities;

2. A record of such an impairment; or

3. Being regarded as having such an impairment.

These terms have the following meanings:

1. Physical or Mental Impairment means –

a. Physical. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; muscloskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito-urinary; hemic and lymphatic; skin; etc; or

b. Mental. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities (as defined by IDEA).

2. Major Life Activities (MLA) –

a. In General. Major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.

b. Major Bodily Functions. A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

c. Need Not Limit Other MLA. An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.

3. Substantially Limits – Substantially limits is interpreted as: (1) an inability to perform a major life activity that the average student/person of approximately the same age/grade level can perform; or (2) significantly restricted/limited as to the condition, manner, duration under which a particular life activity is performed as compared to the average student of approximately the same age. The impairment must be substantial and somewhat unique, rather than commonplace when compared to the average student of approximately the same age.

a. Episodic or in Remission. A disability includes an impairment that is episodic or in remission if it would substantially limit a major life activity when active.

b. Mitigating Measures. Determine whether an impairment substantially limits without regard to the ameliorative effects of mitigating measures, such as:

1) Medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics, including limbs and devices; hearing aids and cochlear implants or other implantable hearing devices; mobility devices; or oxygen therapy equipment and supplies;

a) Ordinary Eyeglasses. Must consider the effects of ordinary eyeglasses or contact lenses when determining whether an impairment substantially limits a major life activity.

b) Uncorrected Vision. May not use qualification standards, employment tests, or other selection criteria based on an individual's uncorrected vision unless shown to be job-related for the position in question and consistent with business necessity

Definitions:

• Ordinary eyeglasses or contact lenses means lenses that are intended to fully correct visual acuity or eliminate refractive error; and

• Low-vision devices means devices that magnify, enhance, or otherwise augment a visual image.

2) Assistive technology use;

3) Reasonable accommodations, auxiliary aids or services; or

a) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;

b) Qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;

c) Acquisition or modification of equipment or devices; and d) Other similar services and actions; or

4) Learned behavioral or adaptive neurological modifications.

4. Regarded As Having an Impairment

a. Actual or Perceived. The student has been subjected to an action prohibited under the ADA/Section 504 because of an actual or perceived physical or mental impairment.

b. Transitory & Minor. The ADA/Section 504 does not apply to impairments that are transitory and minor (i.e., actual or expected duration of 6 months or less).

c. No Need to Accommodate or Modify. The District is not required to provide a reasonable accommodation or a reasonable modification to policies, practices, or procedures to individuals who are regarded as having an impairment.

5. Section 504/ADA is Broader in Scope than IDEA

While IDEA only covers students with disabilities that require special education services, Section 504 is broader in scope and covers:

a. Any student that meets its disability definition, including those who do not need special education services and require only accommodations or supplementary aids and services. For example, a student may have diabetes and not require any specific special education services but may need the periodic attention of a nurse. Such a student would not be covered under IDEA but would be under Section 504 and entitled to a Section 504 Individualized Service Plan (for more information, see Chapter 7 and the SDUSD Section 504/ISP Guidelines for Educators, 2008).

b. Adults, prohibiting discrimination in employment and requires program, and in certain cases full-building, accessibility.

6. Activities Covered Under IDEA But NOT Section 504. Section 504 does not cover:

a. Illegal Drugs. Students currently using illegal drugs. Thus, students who are covered only under Section 504 (i.e., they do not need special education to benefit educationally) may be disciplined for illegal use of drugs/alcohol as nondisabled students.

b. Parental Placement. Services for a student placed in a nonpublic school by his/her parents (as long as the District has offered FAPE).

c. Preschool. Preschool services for students with disabilities if such services are not made available for nondisabled students.

7. Section 504/ADA Protections. As with IDEA, Section 504/ADA requires school districts to provide students with disabilities with FAPE and procedural safeguards. While Section 504’s regulatory requirements are not as complex and comprehensive as are IDEA’s, they are similar in nature. The Office for Civil Rights (OCR), U.S. Department of Education, enforces Section 504/ADA. See OCR’s website at http://www.ed.gov/about/offices/list/ocr/index.html.

II. Special Education Programs Division

A. Executive Director/Director

1. Collaborates closely with school administration to ensure that all students’ with disabilities’ educational needs are met;

2. Collaborates with SDUSD leadership in the development and implementation of Response to Intervention (RTI), including Positive Behavior Interventions;

3. Supports PBIS (Positive Behavioral and Intervention Strategies) processes;

4. Ensures that assessment services are appropriately conducted throughout the school system and monitors the universal screening, progress monitoring, and data-collection processes to ensure that assessments are conducted appropriately;

5. Has general oversight authority for special education services, including the supervision of monitoring activities that ensure: federal, state, and local guidelines are implemented; timelines are met; and practices that promote delivery of appropriate services as reflected in each student’s IEP are followed;

6. Has general oversight for the provision of appropriate training for all SDUSD individuals responsible for carrying out the requirements included in this manual, as well as other relevant federal and state requirements pertinent to the identification and education of students with disabilities.

B. Program Manager

1. Act as the primary liaison between school principals and district office administrators to facilitate the provision of special education and related services, provision of procedural safeguards, and compliance with relevant laws and regulations;

2. Provide regulatory, procedural and programmatic consultation to school-based staff;

3. Provide support for RTI, including PBIS;

4. Assist in the identification and provision of professional development and other available resources for the provision of special education and related services;

5. Provide consultation and facilitation for any potential placements outside of the zone home school; and

6. Provide consultation regarding appropriate personnel staffing.

C. Principals & Designees

1. Ensures that all special education procedures and relevant laws are followed at their school(s);

2. Supervise all special education and support staff assigned to the school, including coordination of services between general and special educators and support staff;

3. Ensure appropriate scheduling of staff and students;

4. Ensure joint planning and collaboration time for general and special education teams;

5. Provide information and assistance for students involved with due process hearings;

6. Request technical assistance and support from the Special Education Programs Division, as needed;

7. Are qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of students with disabilities; Note: Specially Designed Instruction (SDI) for students with disabilities is a requirement under the IDEA, the federal law governing special education programs. SDI refers to the teaching strategies and methods used by teachers to instruct students with disabilities and other types of learning disorders.

8. Are knowledgeable about the general education curriculum;

9. Are knowledgeable about and have the authority to commit school resources;

10. Monitor service delivery commitments, the implementation of IEPs and the progress of students with disabilities in the general education curriculum; and

11. Periodically review the schedule of related services staff assigned to the school and their caseloads; and ensure that students are receiving the amount of services specified in their IEP; and report concerns to the Program Manager.

Principals retain all oversight responsibility at their school, even when a designee carries out day-to-day duties. On a case-by-case basis and as appropriate, individuals having the authority to commit SDUSD special education services, which are not currently at a school site, may be assigned to be the district’s designated representative at an IEP meeting where such services may be considered.

D. Case Managers

1. A case manager is assigned when a student is referred for an initial assessment for special education services.

2. The case manager is usually an education specialist assigned to the student’s school of attendance. If the IEP specifies primarily language and speech services, the case manager is usually the speech/language pathologist.

3. Responsibilities:

a. General. The case manager facilitates the IEP process, including the referral, assessment, IEP development, and ensures that a student’s IEP is implemented and that all time lines are followed.

b. Referral. The case manager:

1) Assists with the completion of the written referral if requested or necessary;

2) Secures parental consent to obtain confidential information from private and public sources, if necessary;

3) Notifies the principal and other school site staff members, as appropriate, that a referral has been made for a particular student; and

4) Enters referral information into the electronic IEP system and sends or delivers the following documents to parents: Referral for Special Education and Notice of Procedural Safeguards.

c. Assessment. The case manager:

1) Coordinates with SST and assessment staff the referrals for assessments (including those for non-attending students), ensures that all required assessment components are addressed, and that the process is completed within required time frames;

2) Assures all assessment plans are developed within required timelines if the team agrees assessment is needed, and with appropriate staff, develop the assessment plan;

3 Sends or delivers to parents: Assessment Plan and Notice of Procedural Safeguards;

4) Upon receipt of signed assessment plan, enters receipt date in online case action log;

5) Arranges for assessments to be conducted;

6) Requests assistance of the Education Services Program Manager when assessments need to be conducted by specialists who do not regularly provide services to the school;

7) Assures, with the specific assessors, that assessments are conducted in the student’s primary language, if the students are English Learners

8) Advises education specialists of IEP due dates;

9) If a student moves to another school site within the District during the assessment time period, (referral, testing, scheduling IEP team meeting), advises the new case manager of timelines.

d. Boundaries. The case manager contacts the Cluster Support Teacher or pertinent Program Manager (i.e., Elementary, Middle, and High School) prior to an IEP team meeting to determine possible service delivery locations in the student’s school region.

e. IEP Team Meeting. The case manager:

1) Schedules IEP team meeting with parents and District participants;

2) Sends Notification of IEP Team Meeting to parent;

3) Notifies other participants of scheduled IEP meetings;

4) Chairs IEP team meetings and facilitates the development of IEPs, ensuring that all portions are completed;

5) Ensures that IEP meetings are convened, chaired and conducted in a timely manner;

6) Completes all forms;

7) Ensures IEP and other documents are distributed to the family and all instructional team members (e.g., general educator, paraprofessional);

8) Schedules a follow-up IEP meeting if the IEP is not completed at the meeting.

f. Written Notice and Consents. The case manager:

1) Responds to all requests made by parents prior to, during, or after IEP team meetings by completing and sending Written Notice to Parent of Proposed or Refused Action;

2) Ensures that all other parental notices and consents for assessments and initial placements are processed appropriately; and

3) Ensures these documents are created through the electronic IEP system and copies are placed in the student’s special education container.

g. Implementing and Monitoring IEP. The case manager:

1) Ensures that IEPs are implemented within a reasonable time (implementation date is discussed at IEP meeting);

2) Facilitates scheduling of staff and appropriate student caseloads;

3) Ensures joint planning and collaboration time with general education team members;

4) Whenever a new IEP has been developed and prior to the first day of school, reviews IEP contents with District personnel providing services to students;

5) Ensures all providers prepare information on students’ progress as indicated on IEPs;

6) Monitors student progress on a regular basis, participates in the review and revision of IEPs, as appropriate, and referral of students who do not demonstrate appropriate progress to the IEP team; and

7) Pursuant to IEPs, gathers information from service providers and shares the information with parents.

h. Beginning of School Year. The case manager:

1) Reviews all IEPs on his/her caseload;

2) Develops a master calendar of IEP due dates;

3) Meets with school psychologist and assessment team to review reassessments; and

4) Provides and reviews content of IEPs with students’ general education teachers and service providers.

i. Manifestation Determination. The case manager:

1) Schedules manifestation determination meetings;

2) Provides each parent a Notice of Procedural Safeguards;

3) Coordinates and conducts, in collaboration with the school psychologist and other pertinent assessment personnel, manifestation determination reviews and IEP meetings; and

4) Copies new IEP, the first page of previous IEP, and team action page and provides immediately to administrator (or designee)

j. Records. The case manager:

1) Ensures that complete student records are maintained in a single, secure location in the school (but ensuring the principal has access);

2) Notifies appropriate staff that a request for records has been received; and

3) Coordinates collection and copying of all records for parents in a timely manner.

See Chapter 8 for more information on Student Records

k. Technical Assistance. The case manager:

1) Requests technical assistance and support from Cluster Support Staff or the Special Education Programs Division, as needed;

2) Provides information and assistance to students and their parents; and

3) Provides consultation, resource information, and documentation regarding student needs to parents and general education staff members.

Even though the principal may delegate these tasks, (s)he remains accountable for their outcome.

E. Related Services and Other Support Personnel

Each school has access to personnel who will provide services to students with disabilities, as appropriate, such as speech pathologists, school psychologists, nurses, occupational and physical therapists, and adapted physical education (APE) teachers, etc. Principals must ensure that all students with disabilities receive the required and necessary services. The principal may contact the Cluster Support Staff or the Special Education Programs Division for additional support, technical assistance or concerns.

F. Paraprofessionals

Paraprofessionals with positions allocated for the purpose of providing services and assistance to students with disabilities may be assigned for instructional, behavioral, or medical purposes. Paraprofessionals work under the leadership of the school principal and the direction of the education specialist(s) to whom they are assigned.

III. Charter Schools

A. General. Charters are public schools that may provide instruction in grades K-12. A charter school is usually created or organized by a group of teachers, parents and community leaders or a community based organization and is usually sponsored by the local public school board or county board of education.

B. Flexibility. A charter school is generally exempt from most laws governing school districts, except where specifically noted in the law. Charter schools MUST comply with all special education timelines and laws, including the provision of accommodations and modifications listed on the student’s IEP; and assessment for and provision of special education and related services.

C. Enrollment & Services. Parents interested in enrolling their child in a charter school must contact the school directly for information about enrollment and special education programs and services. All students, including those with disabilities, must meet the school’s admission criteria. IEPs must be written to reflect the needs of each individual student. The charter school must facilitate an IEP meeting and contact the Charter Schools’ Program Manager or the school’s special education team for concerns about the student’s:

1. Current IEP; and/or

2. Special education services or program.

Chapter 2: Child Find, Screening & Referral

I. Public Awareness and Screening The SDUSD seeks to identify all children and youth ages birth through 21 years who may have a disability and need special education and related services. This action relates to all students who reside in or attend a nonprofit private elementary or secondary school within the jurisdiction of SDUSD, including those who are homeless or wards of the State.

The District accomplishes this mission through a variety of methods, including public awareness and outreach activities, and screening.

A. Public Awareness The SDUSD supports public awareness of special education and related services and advises the public about the rights of students with disabilities through its child find activities. The District communicates these activities with its staff and organizations, agencies and individuals providing services to students with disabilities through District policies and guidelines, comprehensive staff development programs, parent training programs, and local media resources. Information disseminated describes special education services and the right to FAPE provided in or through the District and applicable procedural safeguards, including persons to contact for initiating a referral, and available state regulatory requirements.

Implementation of these activities comply with the following standards –

1. Public information is made available in the major languages represented by the SDUSD and in the language that will be understandable to the parent, regardless of ethnic or cultural background or hearing or visual abilities;

2. Annual notification is provided to all SDUSD parents regarding the special education services available through the District and of their right to receive a copy of Notice of Procedural Safeguards upon request; and

3. Annually, information regarding special education services and the rights of students with disabilities is disseminated to the community served by the District.

The following public search activities, which are renewed annually, inform the community about the District’s special education services and how to obtain them:

1. Publications and distribution of printed materials that describe the special education programs and services available and how to obtain them;

2. Dissemination of information through the news media and the District’s website;

3. Establishment of liaisons with the community through public health, family and social services, mental health agencies, private schools, public and private hospitals, and physicians; and

4. Establishment of liaisons with appropriate military personnel.

B. Ongoing System for Identifying Enrolled SDUSD Students. The SDUSD utilizes an ongoing system to locate, identify, and evaluate all children and youth suspected of being eligible for special education who are not currently enrolled in the school’s educational program, who are school-aged and who meet residency requirements.

1. Investigate Reports. School personnel must investigate all reports of students not attending school, enroll them and, as appropriate, determine if the student has any areas of suspected disability.

2. Kindergarten Attendance. Although it is not mandatory for parents to send their children to Kindergarten, school staff must admit all eligible students that parents seek to enroll. Under no circumstances may a principal, or other personnel, deny kindergarten enrollment for a student.

C. Screening. Screening involves locating children and youth enrolled in SDUSD who may have a disability and need special education services to maintain satisfactory educational performance, even though they are advancing grade to grade. Through written notice, the District informs the parent of the results of the screening and whether follow-up is required. SDUSD implements the following types of screening –

1. Hearing and Vision Screening. Occurs at regular intervals during the student’s school career and annually for all children who receive special education and related services;

2. Universal Screening. The Response to Intervention (RTI) process utilizes universal screening of all students to identify those who may be at risk for academic failure. These screenings occur at least three times during the school year, typically fall, winter, and spring.

3. Academic Review - Ongoing review of each student’s performance by teachers and other professional personnel through the Student Study Team (SST) to identify those who exhibit problems that interfere with their educational progress and/or their adjustment to the educational setting.

II. Identification of SDUSD Students Eligible for Special Education Services

A. Birth through Two Years of Age. The California Early Support Services has the responsibility for all identification, assessment, and assessment procedures for children with exceptional needs who are younger than three years of age. See http://www.dds.ca.gov/EarlyStart/Home.cfm, Chapter 3, Section VIII - Early Start Infant Program for information about the referral and assessment process.

B. Three through 21 Years of Age. The procedures in this manual describe the manner in which SDUSD will engage in ongoing activities to identify and assess each student who is suspected of having a disability, in need of special education and related services.

III. Early Intervening Services through General Education A. Description. Through the Response to Intervention (RTI) process, SDUSD uses a tiered

approach to providing services and interventions to struggling learners, including students having language or speech difficulties, and/or students with challenging behaviors at increasing levels of intensity. The process incorporates systems of intervention and supports that are provided to students in direct proportion to their individual needs. RTI is designed for use when making instructional decisions for both students with and without disabilities, to create a well-integrated system of instruction and intervention guided by the production and review of student outcome data. This process is designed to ensure that an eligibility decision for special education services is not based on a student’s lack of scientific research-based instruction. For students with behavioral concerns/needs, a system of positive behavior and intervention supports (PBIS) is used to promote success.

B. Essential Components. Essential components of the process include:

1. Universal Screening. The screening at the beginning of the year (includes all students) is designed to identify those in need of interventions and supports.

2. Tiered Approach. Use of tiers of increasing levels of research-based academic and behavioral interventions and supports, which are based on a foundation of the core curriculum;

3. Protocol/Problem-solving. Use of standard protocols and/or problem-solving methods; and

4. Progress Monitoring & Data-Based Decision-Making. An integrated data collection and assessment system is used to inform decisions at each tier of instruction/intervention. Formative assessments of student progress during instruction are repeated at reasonable intervals and the results are made available to parents.

C. Student Study Team (SST) 1. Purpose. Each school site is required to have an SST, which is a multidisciplinary

general education team to consider, plan, and assess general education interventions and supports for students experiencing learning, language/speech and/or behavioral difficulties.

2. Membership. The SST’s standing members include at least the principal/designee, a classroom teacher, and the referring teacher. When discussing an individual student’s difficulties, the student’s parent or guardian is an invited participant. As requested, special educators may also participate in SST meetings.

2. Duties. The SST assists the classroom teacher and parent in:

a. Identifying academic, social or health strengths and issues that interfere with the student’s learning and achievement;

b. Prioritizing concerns about the student;

c. Developing an action plan to assist the student; and

The team reviews and analyzes all screening data, including RTI results, to determine the most beneficial option for the student.

3. Information to Parents. The team must regularly provide parents a report or summary on the status of the student’s response to the RTI process.

4. Insufficient Progress. When a student has made insufficient progress based on progress monitoring and subsequent modification of interventions and supports that have been implemented with fidelity for 8 – 12 weeks, the SST should consider a referral for an assessment under Section 504 or IDEA. Fidelity refers to implementation practices that are based on program requirements, including the length of time necessary to obtain sufficient data to determine effectiveness.

D. Immediate Referral. Typically, the SST process is not appropriate for students described below:

1. Some Disability Areas. Students suspected of having apparent disabilities, such as hearing impairment, visual impairment, deaf-blindness, severe and recent traumatic brain injury, mental disability (moderate or severe), multiple disabilities, and some students with severe autism, severe orthopedic impairments and/or significant health issues;

2. Mental Illness. For students suspected of exhibiting a significant mental illness, the school psychologist should evaluate the student’s needs and, as appropriate, contact the

Mental Health Resource Center for consultation and/or initiate a possible referral for a special education assessment.

IV. Referral for Assessments for Special Education Services Through the referral and assessment process, SDUSD determines whether a student is eligible to receive special education and related services and their educational needs. Some students may display learning or behavioral problems that could be addressed through the general education interventions and the RTI/PBIS process discussed above. Also, some students may have a disability but, can benefit from general education accommodations and supports offered through a Section 504 Individual Accommodation Plan (IAP -- see Chapter 7).

A. Overview Through the procedures below and in the following chapters, SDUSD provides for the identification and assessment of the exceptional needs of an individual, and the planning of an instructional program to meet the assessed needs. Identification procedures include systematic methods of utilizing referrals of students from teachers, parents, agencies, appropriate professional persons, and from other members of the public. As discussed above, students must be referred for special educational instruction and services only after the resources of the general education program have been considered and, where appropriate, utilized.

B. Individuals Who May Request an Assessment 1. Source of Referrals. A student may be referred for special education services at any

time by the student’s parent, teacher, or other service provider. Staff of other public agencies may also request an assessment of students. Referrals pertain to students enrolled in the District, residing in District boundaries, or attending a nonprofit private school in SDUSD’s boundaries (see Referral for Special Education Form).

2. Written Referral by Parent or Other Individuals Outside of the School a. All referrals must be in writing, signed, dated, and include a brief reason for the

referral. If the request is received orally, an education specialist must offer to help the person put the request in writing. This includes assisting parents who may not understand the process or know how to request a referral.

b. If the referral does not include the basis for concern, the individual receiving the referral asks the referring source for this information, documents the response and attaches it to the request.

c. If a parent does not submit a written request, the individual receiving the request communicates with the parent to learn the basis for the referral, and documents the information with the date the request was completed.

d. The principal/designee may ask parents to provide any relevant information about the child, including any reports, prior assessments, health records, school records from other schools, etc., to avoid duplication of information and to assist the SST in making appropriate decisions.

3. Process for Referring Nonattending Students. When the parent of a student who is not enrolled in an SDUSD program believes that the student may have a disability, one of the following processes is used:

a. Young Children. Referrals for children younger than school aged are received by the Special Education Early Childhood Assessment Team.

b. School-Aged Students. 1) SDUSD Residents. SDUSD resident parents of school-aged students contact

their school of residence to request an assessment;

2) Non-SDUSD Residents. Non-SDUSD resident parents with children who attend a private school located within SDUSD’s jurisdiction contacts the school having boundaries in which the private school is located.

4. SST Role. To the extent possible, all referrals for SDUSD enrolled students for an assessment shall be made through the SST so that the team has an opportunity to review supporting documentation to ensure it provides an appropriate basis for initiating an assessment. If the student was not referred through the SST, the request should document why this process was not utilized.

5. Follow-Up Activities. The individual receiving the referral must immediately provide it to his/her school principal, or education specialist (who becomes the case manager) for processing, which includes entering appropriate data in the electronic IEP system. The case manager maintains a contact log documenting all actions related to the entire IEP process and notifies the school principal and other school site staff members, as appropriate, that a referral has been made for a particular student. Utilizing the information below, the case manager facilitates a review of the referral and underlying information to determine if an assessment is appropriate for the student.

D. Criteria for Appropriate Assessment Referral. The following information is gathered to support an appropriate assessment referral:

1. Documentation. The SST provides documentation showing that it addressed a student’s academic, language/speech, and/or behavioral issues, incorporating:

a. Interventions. Scientifically research-based intervention(s) implemented with fidelity as evidenced by data sheets, computer-generated records, or other permanent products;

b. Progress Monitoring. Monitoring of the student’s progress relative to appropriate peer comparisons, at reasonable intervals, with appropriate modification of interventions and supports as appropriate;

c. Progress Analysis. Evidence that the student’s rate of progress relative to peers was not adequate (team should also consider cultural and linguistic factors); and

d. Reason for Not Implementing RTI/PBIS. In the event that a decision was made not to provide interventions and supports through RTI/PBIS, information is available to explain the basis for that decision.

2. Inappropriate Basis for Referral. To ensure that a student does not receive an assessment inappropriately, there is data-based documentation that the student’s lack of educational progress is not primarily due to the following:

a. Reading. Lack of appropriate, explicit and systematic instruction in reading which includes the essential components of reading instruction: phonics, phonemic awareness, fluency, comprehension, and vocabulary (e.g., if more than 50 percent of the class falls below benchmark on universal screening, lack of appropriate instruction might be suspected);

b. Math. Lack of appropriate instruction in math (e.g., if more than 50 percent of the class falls below benchmark on universal screening, lack of appropriate instruction might be suspected);

c. Unfamiliarity with the English Language. If the student’s primary language is not English, the teacher or SST members consult with the site English Language Support (ELS) teacher and/or staff from the Office of Language Acquisition (OLA), as needed, to assure that an English Language Data Form has been completed. This form provides information about the student’s proficiency in his/her primary language. The teacher and/or SST employ a variety of intervention and support strategies within the general education classroom to accommodate the student’s language and cultural background and help resolve the targeted learning and behavior problems.

1) Cultural & Linguistic Interventions. Interventions to help resolve difficulties that arise from differences in cultural and linguistic background or from difficulties with the schooling process, and might include, for example:

a) Cross-cultural counseling;

b) Peer support groups; or

c) Use of the SDUSD’s Race/Human Relations and Advocacy Program.

2) Socio-Linguistic Interventions. Interventions to help resolve difficulties that arise from differences in socio-linguistic development might include: a) Instruction in English language development b) Bilingual assistance c) Native language development d) Assistance in developing basic interpersonal communication skills.

d. Cultural Factors. For students from culturally and linguistically diverse backgrounds, data indicates that the school and classroom teacher have been sensitive toward the students’ diverse learning needs.

In referring culturally and linguistically diverse students for special education services, care must be taken to determine whether learning, language/speech, and/or behavior problems demonstrated by the students indicate a disability or, instead, manifest cultural, experiential and/or socio-linguistic differences. It is especially important for the SST to determine whether accommodations and supports in the general education curriculum or in the manner in which instruction is provided may assist them in overcoming their learning, language/speech, and/or behavioral problems. The student’s teacher and SST should gather the following information about the student to help make this determination:

1) Background

2) Culture and language

3) Acculturation level;

4) Socio-linguistic development; and

5) Data showing the student’s response to the school and classroom environment when accommodations and supports are provided.

e. Environmental or Economic Disadvantage (e.g., if a majority of low income students in the class fall below benchmark on universal screening, environmental or economic barriers as a primary factor might be suspected);

f. Temporary Physical Disabilities; or

g. Social Maladjustment Generally, students with emotional disabilities are viewed to have behavior of an

“involuntary nature.” Students with social maladjustment are viewed as having behavior that is intentional in nature and are generally conceptualized as having a conduct problem. A Federal District Court viewed social maladjustment as “a persistent pattern of violating societal norms...a perpetual struggle with authority, easily frustrated, impulsive and manipulative.”1 These students are viewed as being capable of behaving appropriately, but they intentionally choose to break rules and violate norms of acceptable behavior.

Socially maladjusted students view rule breaking as normal and acceptable. They do not take responsibility for their actions and often blame others for their problems.

VI. Determining Whether the Student Needs an Assessment A. Review of Referral. The SST, including the assigned education specialist, reviews and

analyzes all of the data described above to determine the most beneficial option for the student.

B. Options

a. Additional Interventions. One option that may be considered is that the student would benefit from additional interventions and progress monitoring. The parent must be provided with a Prior Written Notice and Notice of Procedural Safeguards within 15 calendar days of receipt of any referral for special education assessment. Note: Additional interventions may be provided in lieu of or during the assessment process.

b. Assessment Is NOT Warranted If it is determined that an assessment is not warranted, the parents must be given a written explanation of the reason for the decision using the Prior Written Notice and Notice of Procedural Safeguards within 15 calendar days of receipt of the referral.

Other Agency or Institutional Requirements. According to the US Department of Education (USDE), the District is not required to evaluate students to meet the entrance or eligibility requirements of another institution or agency. While the requirements for secondary transition are intended to help parents and schools assist children with disabilities transition beyond high school, USDE stated that IDEA requirements do not apply to assessments relevant or necessary to another agency, (e.g., a vocational rehabilitation program, or a college or other postsecondary setting).

c. IDEA Assessment Is Warranted. Follow the procedures in Chapter 3, Assessment Process.

d. Section 504 Referral. Follow the procedures in Chapter 7.

1 Doe v. Sequoia Union High School district (N.D. Cal. 1987)

Chapter 3: Assessment Process

I. Purpose of Assessment. Once a child/youth is referred for an assessment, SDUSD uses a variety of assessment tools and strategies to gather current and new educationally relevant functional, developmental, and academic information, which includes information provided by the parent that may assist in determining the educational strengths and needs of the student in order to:

A. Ascertain whether a disability is present;

B. Determine whether the severity of the disability warrants Specially Designed Instruction and supports/services will likely result in some educational benefit; and

C. Determine the content to be considered for IEP development, including information that would enable the student to be involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities).

The depth of the assessment varies based on the suspected disability, review of screening information, and data collected during the assessment process.

II. Initiating the Assessment (Initial and Reassessment) A. Time Frames

1. Initial Assessment & IEP Completion a. General Rule re: Time Frame. An assessment to determine whether the student

has a disability and the development of an IEP must occur within 60 days of receiving parental consent.

b. Extension of Time. The circumstances described below qualify for extensions of the assessment time frame. The extensions may not exceed the duration of the circumstance(s) described.

1) Approved Extension for RTI. When the education specialist and the parent determine that a student would benefit from continued interventions and progress monitoring, they may extend the 60-day time frame through a mutual written agreement.

2) Unavoidable Reasons for Extending Time Frames. In cases where a student is not available for an assessment, the education specialist documents the reason for the student’s unavailability.

c. Nonapplicability of Time Frame for Transfer Students. The timeframe does not apply if a student transfers into the SDUSD’s jurisdiction after the 60-day timeframe began and prior to an eligibility determination by the student’s previous district. Note: This exception applies only if the District is making sufficient progress to ensure a prompt completion of the assessment, and the parent and the educational specialist agree to a specific time when the assessment will be completed.

2. Triennial Assessment. A reassessment consistent with State and Federal requirements must occur at least once every three years, unless the parent and the case manager, with input from the assessment team (e.g., school psychologist; related services providers, etc), agree that it is not necessary. The case manager should develop a new

assessment plan at least 65 days prior to the reevaluation due date to allow time for appropriate assessments to be completed by the time of the reevaluation meeting.

3. Special Request

a. Initiating a Reassessment Outside of the Triennial Schedule. A student receiving special education services may be reassessed more frequently than every three years if the case manager and school psychologist or relevant related service provider determines that the student’s educational or related services needs, including improved academic achievement and functional performance, warrant an assessment, or the parent or teacher requests an assessment.

b. Not More than Once/Year. Assessments may not occur more than once each year unless the parent, the case manager, school psychologist, and/or relevant service provider(s) agree otherwise (Prior Written Notice).

4. Assessment Plan Time Frames. The following time frames apply to its completion.

a. General Rule. The assessment plan must be completed within 15 calendar days of the assessment referral (not counting days between regular school sessions or terms, or days of school vacation in excess of five school days from the date of receipt of the referral).

b. Extension. The assessment plan may be extended if the parent agrees, in writing. However, the plan must be developed within 10 days after the beginning of the subsequent regular school year or school term when the referral was made 10 calendar days or less prior to the end of the regular school year.

c. School Vacations. In the case of school vacations, the 15 calendar day time continues on the date the school reconvenes.

B. Assessment Coordination The assigned education specialist is responsible for coordinating the assessment process. Upon receipt of the referral and a determination that an assessment is required, the education specialist takes the following steps:

1. Parental Consent. Request informed parental consent to conduct an assessment (see section G below for more information).

2. Information about the Assessment. Notify the student's parents to discuss the assessment process, parental and school concerns that are the subject of the assessment.

3. Referral. Refer the student to other appropriate agencies for screening/assessment/ assessment services, when warranted. The student may also be entitled to services other than those available through the educational system.

C. Information Gathering.

To prepare for the development of an assessment plan, the education specialist, along with the assessment team, ensures that information is gathered from the following sources:

1. Interviews: a. Student’s teacher -- to specify and define behaviorally the areas of concern,

determine the teacher's expectations for the student and class, clarify previous intervention(s) and to develop the initial assessment questions; and

b. Parent 1) Clarify specific referral concerns (or obtain from other individuals who initiated

the referral).

2) Clarify concerns/observations regarding their child’s educational program;

3) Obtain private assessment data, if applicable;

4) Obtain current school and medical/health reports, if applicable;

5) For students age 14 years or older, obtain information regarding transition needs from school to post-school activities and any other information, as deemed appropriate.

2. Information: a. Language Use Pattern & Cultural Background of student;

b. Mode of Communication of student; and

c. Proficiency in English if the student has a non-English background.

3. Reviews Available Data, Including the Following Areas

a. Screening. Review each screening activity and their results. Students who fail a threshold hearing test must be assessed by a licensed or credentialed audiologist.

b. Cumulative Records. Review cumulative records, including test scores, discipline records, grade history, attendance records, statewide assessments, etc.;

c. Reports. Review any pertinent reports supplied by the parent or an outside agency. Note: The results of any previously conducted agency assessments must be obtained through written parental authorization for the release of these records;

d. Interventions & Progress Monitoring Data. Review:

1. Interventions and information, ensure that they were scientifically research-based and implemented with fidelity as documented by data sheets, computer records, or other permanent products;

2. Progress Monitoring, including information showing it was conducted at reasonable intervals; and

3. Data showing the extent to which the student exhibited adequate progress based on local or national norms.

e. Systemic Observation(s). Observe the student and his/her interaction with teacher(s) in the environment(s) in which the student is experiencing difficulties;

f. Student Interview. Conduct a student interview, as appropriate, to obtain student’s perceptions of his/her academic, behavioral, and social performance;

g. Core Teacher(s) Interview. Talk to the student’s core teachers to obtain information regarding referral concerns and the student’s academic performance, behavior, and peer interactions;

h. Family Interview. Determine the impact of developmental, educational, social/emotional, cultural, and/or health factors on the student’s educational performance;

i. Referral Source. Determine the basis for the referral.

j. Educational Assessment. Obtain any educational assessments, which include descriptions of educational strategies, academic and environmental adjustments needed, and curricular modifications necessary to provide accessible instructional materials in order to enable the student to show progress in the general education curriculum;

k. Functional Analysis Assessment. Obtain when student’s behavior is of concern; and

l. Discrepancies. Review and analyze any discrepancies between test results or observations, and the student's customary behaviors and daily activities, or of any discrepancies among assessments.

m. Primary Language Data. Indicate the student’s primary language and language proficiency in the primary language; record information and data from the California English Language Development Test (CELDT), and Individual Proficiency Test (IPT).

D. Assessment Plan Within 15 days from receipt of a referral, the case manager must ensure that an assessment

plan is developed, provided to the parent, and signed by the parent. The plan, which is based on the gathered information, is developed by the assessment team (including the parents) and determines the scope of the assessment. The following describes the process for developing the assessment plan.

1. Identify Available Information The assessment team, including the parent, determines what information is available

about the student and if any is still needed. The team must ensure that a variety of assessment tools and strategies are used to gather the relevant functional, developmental, and academic information about the student, including information provided by the parent. This process does not have to include a formal meeting of the participants.

The team must ensure that sufficient collective information is available and/or obtained to address the following:

a. Present Levels. Present levels of academic achievement and related developmental needs, including improved academic achievement, and functional performance in the general education curriculum;

b. Presence of Disability & Needs. Whether the student has or continues to have a disability (including its nature and extent) and his/her educational needs (including any need for special education and related services). The student must be assessed in all areas related to the suspected disability, including, as appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities.

c. IEP Needs. The content of the student’s IEP, including specialized academic instruction, accommodations, modifications, related services, and/or other information related to enabling the student to be involved in and progress in the

general education curriculum (or for a preschool student, to participate in appropriate activities).

2. Additional Data Needed. If it is determined that additional information is required, the assessment plan identifies what data will be collected and who will collect the data. Information indicating the student’s primary language and language proficiency in the primary language must be considered to determine whether the assessment needs to be provided in the student’s primary language or other mode of communication. Assessment plans are not required when evaluating annual goals. However, an assessment plan must be developed for a three-year review for conducting student observations, records review, interviews, and a hearing and vision screening, if one has not been conducted for up to one year prior to the IEP meeting date.

3. No Additional Information Is Needed If it is determined that no additional information is required, the Assessment Plan reflects that decision.

4. Assessment Plan Contents. The Assessment Plan contains the following information:

a. Reasons for assessment;

b. Areas of suspected disability

c. Description of any assessments given during the previous year;

d. Areas to be assessed:

1) Academic achievement; 2) Language/speech communication development; 3) Intellectual development and processing; 4) Social/emotional/adaptive behavioral; 5) Motor development; 6) Health; and 7) Additional assessments.

e. The Assessment Plan states that the parent will be participants at the IEP meeting to discuss assessment results and that no services will be implemented without written parental consent.

5. Additional Assessment Plan Requirements. The case manager must ensure that the plan is written in a manner that complies with the provisions below:

a. Be User-friendly. Be in language easily understood by the general public;

b. Use Native Language, Mode of Communication. Be provided in the native language of the parent or guardian or other mode of communication used by the parent or guardian, unless to do so is clearly not feasible.

6. Specialized & Low Incidence Assessments. If the student requires specialized assessments, such as those from a teacher of students with visual impairments (TVI), teacher of students with deafness or hearing impairments, occupational therapist (OT), physical therapist (PT), neuropsychologist, etc., the education specialist contacts the appropriate service provider for assistance.

G. Parental Notice and Informed Consent

a. No Additional Data Needed

If no additional information is needed, parental consent is not required. However, the parents must still be provided an assessment plan to be provided notice about the

assessment components and type of information already gathered. In most initial assessments, additional assessments will be required. The parent must be informed of this determination, of the reasons for this determination, and of the right to request new assessments.

b. Consent When Additional Data Needed The case manager notifies the parent of the referral concerns and requests informed parental consent through the assessment plan, which reflects the areas of the assessments to be conducted. To the extent possible, the case manager and/or other members of the assessment team discuss the contents of the assessment plan with the parents prior to obtaining the parent’s signature on the plan.

1. Time Frame for Parental Response. The parent has at least 15 days from the receipt of the proposed assessment plan to arrive at a decision. The assessment may begin immediately upon receipt of the consent. Consent for initial assessment shall not be construed as consent for initial placement or initial provision of special education and related services to an individual with disabilities.

2. Communication in Primary Language of Parent. All communications with a student’s parent must be provided in the primary language of the parent unless it is clearly not feasible to do so. In such instances, an interpreter/translator should be used to explain the information to the parent. Contact the Translation Department for assistance with interpretation or translation.

3. Reasonable Efforts to Contact Parent. The case manager must document three reasonable efforts (using two modes of communication) to obtain the informed consent from the parent prior to conducting any new assessment. Documentation of the following show reasonable efforts:

a. A. detailed records of telephone calls made or attempted and the results of those calls;

b. Copies of correspondence sent to the parents and any responses received; and

c. Detailed records of visits to the parents' home or place of employment and the results of those visits.

4. Failure to Respond for Initial Assessment. If the parent fails to respond to a request for or refuses consent for an initial assessment, the case manager, upon consultation with the principal and Due Process Office, may, but is not required to pursue the initial assessment by requesting mediation or a due process hearing as described in Chapter 5. The SDUSD will not be in noncompliance of relevant requirements if the District declines to pursue the assessment and made reasonable efforts to obtain the consent.

5. Refusal or Failure to Respond for Reassessment

a. Refusal to Consent. If the parent refuses to consent to the reassessment, the case manager, upon consultation with the Principal and Due Process Office, may, but is not required to pursue the reassessment by requesting mediation or a due process hearing. The District will not be in noncompliance of relevant requirements if staff declines to pursue the assessment.

b. Failure to Respond. Parental consent is not required for reassessments when the parent fails to respond to the request and the case manager documents

reasonable efforts to obtain the consent, following the procedures discussed above.

c. Reasonable Efforts to Obtain Consent. The documentation requirements described on the previous page apply to reassessments.

d. Home Schooled or Parentally Placed Students. If a parent of a student who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the reevaluation (when additional information is needed), or the parent fails to respond to a request to provide consent, the SDUSD may not request a due process hearing to obtain authorization to initiate the evaluation. In this case, the student would not be eligible for special education services.

e. Partial Consent. Only those assessments checked on the plan and agreed to by the parent can be administered. No assessment can be conducted without the parent’s written consent.

6. Students who are Wards of the State If the student is a ward of the State and is not residing with his/her parent, the parent’s informed consent is not required if one or more of the circumstances below occur and a surrogate has not yet been appointed:

a. Despite reasonable efforts to do so, the assessment coordinator cannot discover the whereabouts of the parent of the student. In this case, the assessment coordinator must consult with the principal and/or cluster support staff to ensure that all reasonable efforts have been documented fully.

b. The rights of the parents have been terminated in accordance with California law; or

c. The rights of the parent to make educational decisions were subrogated by a judge in accordance with California law and consent was given by an individual appointed by the judge to represent the student.

7. Conversation with Parents When personal contact is made with the parent, the case manager provides a verbal explanation of applicable procedural safeguards and the assessment process, and answers to any questions the parents may have regarding the process. Parental consent to conduct the assessment is then requested. If permission for the assessment is obtained, a family interview is completed. Timelines for the assessment begin at the time the parent’s signed consent for the assessment is received.

c. Change in Assessment Plan. The case manager must provide to the parent a written explanation if any of the agreed upon assessments will not be administered. If additional tests are to be considered, a new assessment plan must be developed and signed by the parent before initiating that assessment. The new assessment plan will not change the original timeline. Note: There is a current prohibition against using standardized IQ tests for placement of African American students into all special education services/programs.

III. Protection in Assessment Procedures A. General Provisions. In conducting the assessment:

1. Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the student, including information provided by the parent that may assist in determining:

a. Whether the student has an disability; and

b. The content of the student’s IEP, including information related to enabling the student to be involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities);

2. Not use any single measure or assessment as the sole criterion for determining whether a student has a disability or for determining an appropriate educational program for the child; and

3. Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical and developmental factors.

4. Selecting Tools. Use assessments and other assessment materials that are:

a. Nondiscriminatory. Selected and administered so as not to be discriminatory on a racial or cultural basis;

b. Native Language/Mode of Communication. Provided and administered in the student’s native language or other mode of communication and in the form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer;

c. Valid & Reliable. Used for the purposes for which the assessments or measures are valid and reliable;

d. Personnel. Administered by trained and knowledgeable personnel; and

e. Instructions. Administered in accordance with any instructions provided by the producer of the assessments.

5. Impaired Sensory, Manual, or Speaking Skills. Assessments are selected and administered to best ensure that if an assessment is administered to a student with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the student’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the student’s impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).

6. All Areas Related to Suspected Disability. The student is assessed in all areas related to the suspected disability including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities.

7. Transfer Students. Assessments of students who transfer from one public agency to another public agency in the same school year are coordinated with those students’

prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full assessments.

8. Comprehensive. The assessment is sufficiently comprehensive to identify all of the student’s special education and related services needs, whether or not commonly linked to the disability category in which the student has been classified.

9. Relevant to Educational Needs. Assessment tools and strategies provide relevant information that directly assists persons in determining the educational needs of the student.

10. Individuals Conducting the Assessments. Assessments must be administered by qualified personnel who are competent in both the oral or sign language skills and written skills of the individual’s primary language or mode of communication and have a knowledge and understanding of the cultural and ethnic background of the student. If it is clearly not feasible to do so, an interpreter must be used and the assessment report must document this condition and note that the validity of the assessment may have been affected.

B. Invalid Assessments for Children between Ages of Three and Five Years. When standardized tests are considered invalid for children between the ages of three and five years, alternative means, including scales, instruments, observations, and interviews, must be used as specified in the assessment plan.

C. Determining Mode of Communication & Cultural Identification. Before the assessment, the case manager and assessment team ensures that the student’s native language, general cultural identification and mode of communication is determined.

1. Native Language. Primary language used in the student’s home (i.e., language typically used for communication between student and parents, siblings, and other family member(s) -- (see Section D below).

2. English Proficiency. If the student has a non-English-speaking background, his/her proficiency in English must be determined (see Section D below).

3. Mode of Communication. The mode of communication is determined by assessing the extent to which the student uses verbal expressive language and the use of other modes of communication (e.g., gestures, signing, unstructured sounds) as a substitute for verbal expressive language.

Note the language use pattern, proficiency in English, mode of communication and general cultural identification in the student’s record. This information is used to design the assessment and develop and implement the IEP.

D. Procedures Related to English Learners

The assessment team must ensure that the learning/behavioral issues of English Learners are not primarily related to second language acquisition. For example, if the student is suspected of having a learning disability or speech/language impairment, the disability must be evident in the student’s primary language. As discussed above, referrals must be made only after ensuring that a lack of academic progress is not due to linguistic, cultural, or other sociological factors.

1. Second Language Expertise. The case manager must ensure that the assessment team includes a credentialed/certified person with second language expertise who is knowledgeable about second language acquisition and cultural competence (i.e., a

teacher or service provider with appropriate credential/certification to teach English Learners).

2. Testing Considerations. Tests and materials must be provided and administered in the student’s primary language or other mode of communication unless the assessment plan indicates reasons why this is not feasible. The student’s California English Language Development Test (CELDT) Overall Proficiency Level (OPL) score must be considered to determine if the student needs to be assessed in his/her primary language. If an English Learner is referred who is not developmentally able to take the CELDT, the case manager consults with the school psychologist, speech language therapist, and other relevant related services staff, in order to determine procedures for determining language proficiency. If the student cannot be assessed appropriately in the child’s primary language, the case manager documents the reason in the Assessment Plan.

3. Language of Assessment. Once English language acquisition and/or acculturation

factors are ruled out as the primary basis of the learning problem, a determination must be made about the language in which the student will be assessed. Assessments should always consider and account for all languages to which the student has been exposed regardless of the language of instruction or the student’s verbal ability. Assessors should accumulate evidence acquired through interviews, student observation, and a review of background information in order to support their determination of the language(s) most likely to yield accurate information on what the student knows and can do. Nonverbal assessments alone for students who are able to speak are not acceptable.

When evaluating English Learners, the assessment team must include a qualified (credentialed/certificated) person with language competence in oral and written skills in the child’s primary language. This person should have an understanding of the student’s cultural and ethnic background and about the process of second language acquisition. If it clearly is not feasible to include a team member with such language competence, an interpreter must be used [5 CCR 3023(a)].

Additional assistance in determining the language of assessment and/or in completing dual language evaluations is available through the BSN (Bilingual Support Network), which is a team of bilingual school psychologists and speech-language pathologists who assist special education staff regarding assessment issues related to culture and language acquisition. Education Specialists are also available to assist with bilingual initial assessments and triennial reviews. If an interpreter is required, assessors should use District, community, and school site resources. When an interpreter is used, the assessment report needs to document this situation and note any concerns regarding test validity.

IV. Assessment Reports A. Assessment Report. Information gathered as a result of the assessment process must be

documented either through an individual or integrated assessment report. The report shall include, but not be limited to, all the following information below. Note that an assessment report must be completed and available at the IEP team meeting whether existing or new assessment data was used for the reevaluation. Reports should include:

1. Reason(s) for Assessment

2. Assessor(s) Name & Title

3. Background & Presenting Concerns

a. Educationally relevant health & developmental issues, including health assessments

b. School history and/or communication (including bilingual) factors

c. Parent concerns

4. Assessment Procedures

a. Relevant behavior noted during the observation in an appropriate setting and its relationship to academic & social function

b. Behavior observed during assessment

c. Language in which the assessment was conducted, if other than the student’s primary language & explanation. If an interpreter is used because it was clearly not feasible for the assessments to be administered by qualified personnel competent in oral/sign language and written skills of the student’s primary language/mode of communication, and with a knowledge and understanding of the student’s cultural/ethnic background, the report must document this condition and note that the validity of the assessment may have been affected.

5. Process of Assessment a. Reliability & Validity. Manner in which reliability & validity data were ensured;

b. Context of Assessment, including a description of any:

1) Extraordinary or Nonstandard Conditions. Extent to which assessment varied from standard conditions.

2) Inability to Complete. Any necessary portion of the assessment due to lack of parental involvement, religious convictions of the family, or inability of the student to participate in an evaluative procedure, stating the reasons why those portions could not be completed;

c. Assessment Tools. Instruments and tests used (including versions).

6. Prior Testing, Descriptive Assessments and/or Standardized Testing. a. Consistencies/Discrepancies. Describe how the current assessment results are/are

not a valid representation of the student’s performance. Also, describe consistencies and discrepancies between formal test results and the student's customary behaviors and daily activities, or of any discrepancies among assessment results;

b. Strengths & Weaknesses. Describe the student’s strengths and weaknesses.

7. Explanatory Analysis, Interpretation, & Summary; Including Information as Appropriate, such as the following:

a. Academic Performance 1) Current levels of performance, including strengths and needs, as well as

master, instructional and frustration reading levels;

2) Learning styles (e.g., listening, visual, speaking, writing, etc);

3) Classroom participation, work habits, study habits;

4) On-task behavior and independent functioning;

5) Useful accommodations and modifications (e.g., assistive technology, alternate text format); and

6) For ELs, relative performance in native language and recommended language for instruction.

b. Communication 1) Current levels of communication functioning: articulation, language, fluency,

voice, oral motor and feeding skills;

2) For ELs, how student’s English language proficiency affects communication and instructional implications;

3) For students with no verbal or written language, mode of communication (e.g., sign language or assistive technology device, etc); and

4) For students who are deaf or hard-of-hearing, language and communication needs, mode of communication and suggested opportunities for direct communication with peers and adults. In addition, for these students and for those with central auditory processing issues, need for assistive listening devices in the classroom.

c. General Intelligence 1) Cognitive ability (e.g., reasoning, problem-solving, memory, attention,

concept formation perceptual skills, etc);

2) Cognitive learning style;

3) Adaptive behavior.

d. Health 1) Any physical condition that staff should be aware of during the school day or

that impacts instruction;

2) Any medication the student requires during the school day or medicine taken after school hours that impacts instruction; and

3) Extent to which student requires assistance and/or classroom modification.

e. Motor Abilities 1) Gross motor abilities adversely impacting student’s ability to manipulate

objects and move bodies effectively in environment; and

2) Fine motor skills impacting ability to complete assignments through handwriting.

f. Social/Emotional Status 1) Significant factors in student’s social/emotional functioning and well-being

that impact educational performance;

2) Ability to develop and maintain positive interpersonal relationships with peers and adults and to comply with social rules;

3) Self-concept, attitude toward school, coping skills and feelings;

4) Mood (e.g., depression, unhappiness, fears) associated with personal, school problems, or other functioning;

5) Relevant behavior in school (e.g., classroom, hallway, bus, lunchroom, etc.) and its relationship to academic performance;

6) Ability to function independently based on developmental norms;

7) Ability to exhibit age-appropriate adaptive skills;

8) Extent to which student understands the impact and consequences of his/her behavior, if behavior impedes student’s learning or that of others; and

9) Positive behavioral interventions and reinforcements that can be used to support the student, including implications for instruction and necessary support.

g. Hearing/Vision. Near and distant vision activities and impact on instruction.

V. Determine (Re)Eligibility for Special Education Services

A. Determining Eligibility. The case manager schedules an IEP team meeting, which includes all required participants as discussed in Chapter 4. The IEP team documents the student’s present levels of academic achievement and functional performance, reviews the eligibility recommendation(s) and finalizes the eligibility decision.

1. Consideration. In interpreting assessment data for the purpose of determining if a student has or continues to have a disability and the educational needs of the student, the assessment team members:

a. Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the student’s physical condition, social or cultural background, and adaptive behavior; and

b. Ensure that information obtained from all of these sources is documented and carefully considered.

2. Determination Process a. SDUSD Determination. As the IEP team members should work toward consensus

in determining whether a student has a disability, parents and school personnel are encouraged to work together in making the eligibility determination. Information is discussed below regarding the parent’s right to disagree with the determination and seek resolution through mediation or due process.

b. Identify Category/Categories of Disability 1) General. Generally, the IDEA and California rules establish the following as

disability areas:

a) Autism b) Deaf-blindness c) Deafness d) Hearing impairment e) Mental retardation f.) Multiple disabilities g) Orthopedic impairment h) Other health impairment i) Emotional disturbance j) Specific learning disability k) Speech or language impairment in one or more of voice, fluency, language

and articulation l) Traumatic brain injury

m) Visual impairment.

See Appendix A for Descriptions.

2) Children Younger than 3 Years of Age. Children in this age range must require intensive special education and services by meeting one of the following:

a) Functioning At or Below 50% of chronological age level in any one of the following skill areas: • Gross or fine motor development; • Receptive or expressive language development; • Social or emotional development; • Cognitive development; and • Visual development.

b) Functioning Between 51% and 75% of chronological age level in any two of the above skill areas.

See additional information at the end of this chapter for the Infant Program.

3) Children Between the Ages of Three and Five, Inclusive. Such children have one of the IDEA disabilities referred to above or a disabling medical condition or congenital syndrome that has a high predictability of requiring special education and services.

c. Adverse Effects. For each disability area identified, the IEP team must document the disability’s adverse effect on the student’s involvement and progress in the general curriculum, or for preschoolers, participation in appropriate activities.

d. Need for Specially Designed Instruction or Services.

1) Access to General Curriculum. The student must require specially designed instruction/related services to address the disability area’s adverse effect and have access to the general curriculum to meet state and local educational standards. The assessment of the student’s current and past learning environment and his/her educational progress must demonstrate a need for special educational services to be eligible for services under IDEA. If the student does not require special education services, the team should consider whether the student is eligible for services under Section 504.

2) General (Regular) Education Environment Cannot Be Modified. In this case, it is determined that the student has needs that cannot be met with modification of a general education environment in the home (for children under five years of age) or school, or both, without ongoing monitoring or support as determined by an IEP.

e. Prohibited Basis for Educational Need. A child is not eligible for special education and services if educational needs are due primarily to:

1) Reading Instruction. Lack of appropriate explicit and systematic instruction in reading, including the essential components of reading instruction: phonics, phonemic awareness, fluency, comprehension, and vocabulary;

2) Math Instruction. Lack of appropriate instruction in math;

3) Unfamiliarity with the English Language. The normal process of second-language acquisition, as well as manifestations of dialect and sociolinguistic variance must not be diagnosed as a disability.

4) Environmental or Economic Disadvantage

5) Cultural Factors

6) Temporary Physical Disabilities 7) Social Maladjustment 1

If ANY of the above is indicated, the student is not eligible for special education services and the principal must address any changes appropriate for the student’s instructional program. Also, the team may not exclude the student from eligibility solely because (s)he is advancing from grade to grade.

f. Specific Disability-Related Eligibility Criteria (see Appendix A for additional disability-area criteria that are relevant to the determination of eligibility).

B. Specific Documentation for LD Eligibility. For students suspected of having an LD, the eligibility documentation must contain a statement of:

1. Whether the student has a specific learning disability;

2. The basis for making the determination, including an assurance that the determination was made in accordance with established criteria;

3. The relevant behavior, if any, noted during the observation of the student and the relationship of that behavior to the student’s academic functioning;

4. The educationally relevant medical findings, if any;

5. Whether the student meets the following two standards:

a. The student does not achieve adequately for his/her age or to meet State-approved grade-level standards; and

b. Either:

1) The student does not make sufficient progress to meet age or State-approved grade-level standards consistent with the RTI criteria; or

2) The student exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade level standards or intellectual development consistent with the significant discrepancy criteria;

6. The determination of the group concerning the effects of a visual, hearing, or motor disability; mental retardation; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the student’s achievement level;

1 Generally, students with emotional disabilities are viewed to have behavior that is “involuntary nature” (Clarizio, 1992). Students with social maladjustment are viewed as having behavior that is intentional in nature. Social maladjustment is generally conceptualized as a conduct problem. A federal district court viewed social maladjustment as “a persistent pattern of violating societal norms...a perpetual struggle with authority, easily frustrated, impulsive and manipulative.”1 These students are viewed as being capable of behaving appropriately, but they intentionally choose to break rules and violate norms of acceptable behavior.

Socially maladjusted students view rule breaking as normal and acceptable. They do not take responsibility for their actions and often blame others for their problems. For more information, see the Berrien County (MI) Intermediate School district Procedure Handbook’s discussion of Emotional Impairment at http://www.remc11.k12.mi.us/bcisd/pdf_downloads/special_edu_forms/educator-adm_forms/forms_manuals/evaluation_eligibility/EI_Guidelines.pdf

7. Documentation of all of the following to show that any underachievement is not due to inappropriate reading or math instruction:

a) Prior to or during evaluation, show appropriate instruction provided in general education by qualified personnel;

b) Evidence of:

1) Repeated assessments of achievement:

i. At reasonable intervals

ii. Reflecting formal assessment of student progress during instruction

2) Progress monitoring information provided to the child’s parents.

8. If the student received interventions through the RTI process:

a. The instructional strategies used and the student-centered data collected; and

b. The documentation that the student’s parents were notified about--

1) California policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;

2) Strategies for increasing the student’s rate of learning; and

3) The parents’ right to request an assessment.

Each member of the IEP team must certify in writing whether the assessment report reflects the member’s conclusion. If it does not reflect a team member’s conclusion, (s)he must submit a separate statement presenting his/her conclusions.

C. Procedures Relevant to Initial Assessments and Reassessments 1. Confidentiality. Full and complete records collected or generated in connection with

an individual assessment are maintained in accordance with confidentiality requirements.

2. Test Protocols. All test protocols (consumable test booklets, behavior rating scales, drawings, etc.) must be placed in a locked file cabinet and kept in the student’s temporary record. Parents have the right to review these protocols in the presence of the examiner. With parental consent, test protocol copies are released only to individuals with the qualifications required for interpretation.

f. Disagreement with Determination. Any participant may submit a separate written statement expressing his/her disagreement with the conclusions of the team’s report; the statement will be attached to the IEP.

D. Steps Following Eligibility Determination. Once the IEP team completes its determination and documentation of eligibility, the assessment coordinator ensures that the following steps are taken.

1. Student is Eligible for Services under IDEA. Continue to develop the IEP using procedures described in Chapter 4.

2. Student is NOT Eligible for Special Education Services a. Finalize the IEP;

b. Give parents a copy of all assessment reports (at no cost) and place all originals in the special education container.

c. If the parents did not attend the meeting, assessment coordinator ensures that the appropriate documents are mailed to the parents.

3. Parents Disagree with Eligibility Determination. At the conclusion of the assessment meeting where eligibility is determined, if the parents disagree with the consensus of the team, the case manager must explain the procedural safeguards available and parents’ right to challenge the assessment report through mediation and the due process system, and request an independent assessment.

E. Three-Year Reassessment to Determine Continued Eligibility for Services

a. Refusal to Consent

If the parent refuses to consent to the reevaluation, the assessment team, upon consultation with the Principal and Cluster Support Staff, may, but is not required to pursue the triennial evaluation by requesting mediation or a due process hearing. The SDUSD will not be in noncompliance of relevant requirements if staff declines to pursue the evaluation.

b. Failure to Respond

Parental consent is not required for reevaluations when the parent fails to respond to the request and the case manager documents reasonable efforts to obtain the consent.

c. Home Schooled or Parentally Placed Students If a parent of a student who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the reevaluation (when additional information is needed), or the parent fails to respond to a request to provide consent, the SDUSD may not request a due process hearing to obtain authorization to initiate the evaluation. In this case, the student would not be eligible for special education services.

d. Reasonable Efforts to Obtain Consent Documents pertaining to at least three activities such as those below are sufficient to demonstrate reasonable efforts to obtain parental consent when the parent fails to respond to the request:

1. Detailed records of telephone calls made or attempted and the results of those calls;

2. Copies of correspondence sent to the parents and any responses received; and

3. Detailed records of visits to the parents' home or place of employment and the results of those visits.

VI. Specific Rules Regarding Reassessments & Transfer Students with Disabilities A. Essence of Reassessment

The reassessment must be designed to gather sufficient data to determine the following:

1. Continuation of an existing disability;

2. Present levels of performance and educational needs;

3. Continuation of need for special education and related services;

4. Whether any additions or modifications to the special education and related services are needed to enable the student to meet the measurable annual goals set out in the IEP and to participate, as appropriate, in the general curriculum.

B. Frequency of Reassessments 1. General Rule. Generally, students receiving special education services must receive a

reassessment every three years. However, if the parent and case manager, through consultation with the assessment team, agree that a reassessment is unnecessary, this agreement must be documented on the Triennial Assessment Worksheet.

2. Not More than Once/Year. A reassessment is not required more than once per year unless the parent and the assessment coordinator agrees otherwise; and

3. Special Assessments. A reassessment must be conducted when one of the following six events occurs. Except for Section “a” below, the assessment must be completed in the time frame relevant for an initial evaluation, discussed above.

a. Transition Preschooler to Kindergarten or 1st Grade. Prior to transitioning a child with disabilities from a preschool program to kindergarten or first grade.

b. District Request. A reassessment is requested in writing by the student's teacher or by a District administrator.

c. Parent Request. A reassessment is requested in writing by the student's parent(s). Note: A request may be presented orally if the parent has a language barrier or disability that prevents the production of a written statement.

In this case, the case manager reviews pertinent information to determine whether the reassessment is warranted. If not, the case manager provides Prior Written Notice to the parent and the individual (if other than the parent) requesting the reassessment of the District’s decision not to evaluate and that the parent may request mediation or a due process hearing to challenge the decision.

d. Significant Change in Placement. A significant change in educational placement is proposed by District staff, the parent, or both.

e. Court Order. A final written decision has been issued by a court of competent jurisdiction requiring that an individual assessment be conducted.

f. Termination of Services 1) Exiting from Special Education Services. A student is suspected of no longer

having a disability and/or special education services.

2) When Provision Does Not Apply. The reassessment requirement does not apply to students who are graduating from high school with a regular diploma or who are older than 21 years of age. In this case, the case manager must provide the student with a summary of his/her academic achievement and functional performance, including recommendations for ways in which the student may be assisted in meeting postsecondary education goals (see the Summary of Progress form).

C. Transfer Students

1. Interim Placement. When a student moves into the District with an existing and current IEP, the assigned education specialist facilitates an interim placement through the electronic IEP process (see Interim Placement Form). An interim placement cannot exceed 30 days in length. By the 30th day, a new IEP must be developed and implemented; no extensions are permitted. a. Comparable Services. The services provided to the student must be comparable to

those in the existing IEP unless the case manager and the parents agree otherwise.

b. IEP is Unavailable. If the student does not have an IEP from the prior school district, the student must be placed in general education until a copy is obtained. Staff may not send the student home until the copy is obtained.

c. Case Manager. The assigned education specialist, as determined by the student’s school of residence, is the acting case manager for the student. If the student receives related services only, the acting case manager refers the student to the related service provider who becomes the case manager. The case manager takes the following steps: 1) ID Number. Ensures the student is enrolled in the student information system

(SIS) at the student’s school of residence to obtain an ID number; 2) Reviews Available IEP 3) Confers with Appropriate Staff. Contacts officials from the student’s previous

school district and the current school staff, such as the school psychologist, related service providers, or other relevant staff members, to help determine comparable services for the student.

4) Review of Assessment Information. If a student with a disability (with an IEP in effect from a previous school district) transfers to an SDUSD, the assigned education specialist (in consultation with the parents) reviews the documents provided by the parents and determines if the documentation shows that an assessment was conducted and is compliant with California requirements. a) If the assessment is compliant, no additional assessment is required and an

Interim Placement Review/Annual Review meeting is scheduled to develop an IEP, following the procedures in Chapter 4.

b) If the assessment is not compliant, the case manager completes an Assessment Plan and obtains parental consent to conduct an assessment of the student.

2. Transmittal of Records. To facilitate the transition for a transfer student: a. The case manager must ensure that the designated individual takes reasonable

steps to promptly obtain the student’s records, including the assessment report, IEP and supporting documents, and any other records relating to the provision of special education or related services to the student from the student’s previous school district.

b. Whenever the District receives such a request from a student’s new school district, staff must send the records or a copy within five business days.

VII. Independent Educational Evaluations (IEE) A. Parental Right to Request IEE

The parents of a student with a disability have a right to obtain an IEE. The case manager provides to the parent, upon request for an IEE, information about where one may be obtained and the criteria by which it must be conducted.

a. Independent Educational Evaluation (IEE) means an assessment conducted by a qualified examiner who is not employed by the school district responsible for the education of the student in question.

b. Public Expense means that the District either pays for the full cost of the assessment or ensures that the assessment is provided at no cost to the parent.

c. Maximum Allowable Fees. To avoid unreasonable costs for IEEs, the SDUSD has established maximum allowable fees for specific assessments. The maximum is established so that it allows parents to choose among the qualified professionals in the area and eliminates unreasonably excessive fees. Parents may demonstrate unique circumstances to justify an IEE that falls outside the District’s criteria (see SDUSD’s Schedule of IEE Allowable Costs).

2. Criteria for IEE at Public Expense An IEE is provided at public expense to the parents if:

a. The parent disagrees with an assessment provided by the SDUSD and the District agrees with the IEE request, or a hearing officer orders the provision of a publicly funded IEE; or

b. A hearing officer requests an IEE as part of a due process hearing.

3. Procedure for Processing Parental Request for Publicly Funded IEE When the District’s special education executive director or director, administrator, principal or case manager of the student is notified in writing by the parent that the parent disagrees with the SDUSD’s educational assessment and requests an IEE at public expense, the case manager must provide the parents with two forms: the District’s IEE Policy and a List of Assessors who meet the District’s Criteria for IEEs. The independent evaluation is to be conducted at public expense, unless the District demonstrates in a due process hearing that its assessment is appropriate. In that case the parent still has a right to an independent assessment, but not at public expense.

The individual receiving the IEE request must immediately notify the pertinent Program Manager (Elementary, Middle, or High School) or Cluster Support Teacher and discuss the request to determine whether the District will request a due process hearing.

a. Reason for IEE. If a parent requests an IEE, the case manager may ask the parent to provide the reasons for his/her objection to the District’s assessment. However, the parent may not be required to provide such an explanation and the case manager may not unreasonably delay either providing the IEE at public expense or initiating a due process hearing to defend the public assessment.

b. Oral Request. The request for an IEE may be presented orally if the parent is not literate in English or has a disability that prevents the production of a written statement.

c. Hearing Officer Finds Assessment to be Appropriate. If, in a due process hearing, the hearing officer finds that the assessment is appropriate, the parent shall still have the right to an independent assessment, but not at public expense.

4. IEE Criteria. An IEE obtained at public expense must meet the same criteria described in this manual. SDUSD has a non-exclusive list of public agencies and private individuals whom it has determined are qualified in their respective areas of assessment. The District does not specifically endorse any listed agencies or individuals. Other agencies and individuals will be considered if they meet the SDUSD criteria. The list is updated annually. All qualified private individuals are encouraged to apply. The fee schedule is an estimated amount that is also updated annually to ensure that the criteria remain appropriate to allow parents to choose from qualified assessors in the San Diego area (List of IEE Providers). Parents have a right to choose an assessor who is not on the District’s IEE list providing the assessor meets District criteria.

a. Local Limitations for Assessors. Assessors must be located within the greater San Diego area. Assessors outside of this area will be approved only on a case-by-case basis when parents demonstrate that there is a unique need for a specialized assessment and there are no qualified assessors within San Diego County. Without approval of this exception, costs beyond the assessment (i.e., food, lodging, transportation) are not reimbursed by the District.

b. Requirements for Independent Educational Assessors. Such assessors are required to:

1) Obtain parent signature on a Release of Information to allow communication between the assessor and school staff;

2) Obtain written parent permission for the assessment;

3) Communicate with the child’s teacher(s) and related service providers to gain a perspective on how the child is performing in school;

4) Observe the student in the educational setting (if appropriate);

5) Send the assessment report, including all legally required components, to parents and SDUSD at least five days prior to the IEP meeting;

6) Participate in the IEP meeting in person or via audio conference to discuss the results of the IEE;

7) Release test protocols, notes, and other related documents to the District Representative upon request.

These requirements apply to independent assessors with whom SDUSD contracts for services and for reimbursement for IEEs obtained at parent expense.

5. Impact of IEE. IEEs provide information regarding the educational needs of a student with disabilities, but only the IEP team has the authority to determine placement and services. Thus, the IEP team considers the IEE recommendation(s), those recommendations do not control the IEP team decisions.

5. Privately Obtained Independent Educational Assessment Initiated by Parents If the parents obtain an IEE at private expense and it meets the criteria described in this

manual, the results of the IEE will be considered by the District in any decision made with respect to the provision of a free appropriate public education to the student; and they may be presented as evidence at a due process hearing described in Chapter 6.

When an IEE initiated by parents at their expense, is received by the case manager, the following procedures must be followed:

a. Review IEE. Within 10 business days of receipt by the District, the assessment must be reviewed by the assessment team following the procedures described above. The IEE must be considered in any decisions made with respect to the provision of a free appropriate public education. The SDUSD is not required to use the IEE obtained at private expense as its only criteria for deciding the content of the student's special education program.

6. Number of Publicly Funded Independent Evaluations A parent is entitled to only one independent educational assessment at public expense each time the District conducts an assessment with which the parent disagrees.

7. In-class Observation. An independent assessor is permitted to observe in the following circumstances:

a. Part of Assessment. An independent assessor is permitted to observe a student in-class if the SDUSD observes/would observe the student as part of an assessment.

b. New School Setting. If the District proposes a new school setting for a student and an independent educational assessment is being conducted, the independent assessor may first observe the proposed new setting. Note: Observations are contingent upon parental consent for assessment and a signed Release of Information Form.

VIII. Early Start Infant Program A. General. The Infant Program provides mandated Early Support Services (Part C of

IDEA), which is a federal system of services to eligible infants and toddlers from birth up to three years of age and their families. An Individualized Family Services Plan (IFSP) is used to document services.

B. Partnership. Early Start services are provided through a mandated partnership between the Department of Developmental Services (DDS; Regional Centers) as the lead agency, CDE, school districts, and the Exceptional Family Resource Center (EFRC). The District programs are responsible for providing all services to children designated “solely low incidence” (solely blind, deaf, or orthopedically impaired).

C. San Diego County. Within San Diego County there are five programs: SDUSD, La Mesa/Spring Valley, Lakeside, Cajon Valley and HOPE. The District’s Special Education Early Childhood Program (SEEC) Infant Program serves eligible infants and toddlers (up to its funded capacity) who reside within the District’s geographical boundaries. Children not serviced by the District are served through private vendors funded by the Regional Center.

D. Assessments. Representatives from both Regional Center and the SEEC Infant Program typically conduct assessments together to determine a child’s eligibility for Early Start.

E. Services. Specialized instruction and other services are provided to eligible infants/toddlers and their families in their homes, at center-based programs and community preschool programs, including Early Head Start, throughout the District.

F. Family Focused. The program is family-focused, operating with a goal of providing families with the support, information and specialized skills needed to enhance the development of their child by offering a variety of services, as appropriate, to the child and family.

Chapter 4: Individualized Education Programs

Each student with a disability under the IDEA must have an Individualized Education Program (IEP) designed with applicable procedural safeguards to guide the appropriate provision of a free appropriate public education (FAPE) in the least restrictive environment (LRE). The IEP serves as –

• An educational blueprint that describes the student’s skills and needs, outlines a plan of specially designed instruction to take advantage of those skills and respond to those needs, and establishes educational goals to be achieved during the next year.

• A tool between the family and school to facilitate communication regarding the student’s educational needs and the design of specially designed instruction and related services that will enable the student to benefit from instruction; and

• The documentation of resources that SDUSD has committed to provide the student.

The IEP team designs services for each student based on his/her unique needs and not on the category of the student’s disability. SDUSD may not provide any special education or related services to a student with a disability unless an IEP has been developed consistent with these procedures. The IEP must be implemented as written, and SDUSD cannot change the terms of the IEP without following the rules set forth in this chapter.

The IEP is a legal document that describes a student’s instructional needs and identifies the special education services the school will provide to meet those needs. Therefore, the IEP is one of the most important components of the educational program for students with disabilities and is developed by a team that includes the parent(s), student (when appropriate), and school personnel. Since the IEP is a legal document, schools are required to comply with the conditions of the IEP; however, the IEP is not a guarantee that a student will achieve all the educational goals targeted.

All IEPs are to be developed using the District’s Encore application. For assistance with this process, refer to the Encore! Users Guide.

I. Timelines A. IEP Following an Assessment. An IEP required as a result of a student’s assessment

must be developed within a total time not to exceed 60 days from the date the parent's written consent for assessment is received. This timeframe does not include days between the student’s regular school sessions, terms, or days of school vacation in excess of five schooldays –

1) Subsequent Regular School Year. The IEP must be developed within 30 days after the commencement of the subsequent regular school year when the referral was made 30 days or less prior to the end of the regular school year.

2) School Vacations. In the case of school vacations (as referenced above), the 60-day time recommences on the date that schooldays reconvene.

3) Initial IEP. A meeting to develop an initial IEP must be conducted within 30 days of a determination that the student needs special education and related services.

B. IEPs (Without Assessments) that Follow Parental Request. A meeting to develop an IEP that does not include an assessment must be conducted within 30 days from the date of receipt of the parent's written request. This timeframe does not include

days between the regular school sessions, terms, or days of school vacation in excess of five schooldays.

C. Annual IEP. An IEP must be prepared at least once each calendar year.

1. Effect of End-of-Year Graduation. There are no exceptions to convening the annual IEP. For example, if an IEP is due in May and the student is scheduled to graduate in June, the meeting must be held (see Chapter 1 for a discussion of when services are required if a student with disabilities turns 22 years of age during the school year).

D. Beginning of School Year. At the beginning of each school year, each school must have in effect for each student with a disability within its jurisdiction a current and appropriate IEP.

E. Revision of IEP. The IEP should be revised at any time, as appropriate, to reflect potential modification(s); including:

1. Any lack of expected progress toward the annual goals;

2. Any lack of adequate progress in the general curriculum;

3. A student's teacher feels the student's IEP or services are not appropriate for the student;

4. A student's parents believe their child is not progressing satisfactorily or that there is a problem with the student's IEP;

5. The SDUSD proposes any service changes, such as to modify, add, or delete a goal or objective, to add or delete a related service, or to discuss the need for extended school year services;

6. New information obtained as a result of a reassessment or obtained from parents, teachers, or other sources.

7. The behavior of the student warrants a review by the IEP team to decide on strategies, including positive behavioral intervention strategies and supports to address the behavior, or making a determination of whether a student’s behavior is a manifestation of his/her behavior;

8. Either a parent or the SDUSD believes that a required component of the student's IEP should be changed; the case manager must convene an IEP meeting if the change may be necessary to ensure the provision of FAPE; or

9. A hearing officer orders a review of the student's IEP/placement document. Note: A copy of the revised IEP should be distributed to parents, other IEP team members, and all other pertinent general and special education staff.

II. IEP Team Members A. General Rules. With some flexibility discussed in section B below, the following

individuals comprise the IEP team. A single member of the IEP team may meet two or more of the above qualifications, except for the individual assigned to represent the student’s general education teacher.

1. Student’s Parents. One or both of the student’s parents must be invited to participate in the IEP meeting using the IEP Meeting Notice form.

a. Timing of Notice. Parents or guardians must be notified of the IEP meeting early enough to ensure an opportunity to attend.

b. Documentation of Attempts to Contact Parent. If a parent does not respond to the notice for the IEP meeting and the case manager has documented at least three attempts to arrange a mutually agreed upon time and place for the meeting, the case manager may proceed with the IEP meeting without the parent in attendance (see Sample Letter for Convening IEP Team Meeting Without Parent Attendance).

c. Parents as Equal Participants. Parents are equal participants in the IEP process in discussing the educational and related services and needs of the student and providing input on which placement and service options are appropriate. As such, one or both of the student's parents should be encouraged to participate in the IEP meeting whenever possible. Other team members must rely on parents to contribute their perspective of the student outside of school. Parental insight about the student's strengths and support needs, learning style, temperament, ability to work in various environments, and acquired adaptive skills is of vital importance to the team in making decisions about the student's needs and services. The concerns of the parents for enhancing the education of their child are documented in the IEP.

See Chapter 1 for more information about the terms parent, guardian, person acting as parent, ward of the state, surrogate parent, and reasonable efforts to notify parents.

2. General Educator. At least one general education teacher must participate in the IEP meeting if the student is or may be included in the general education class for all or part of the day. The general educator must be one: who teaches the student; implements portions of the IEP; supervises the student; or, after the completion of the IEP may teach, implement portions of the IEP, or supervise the student. a. Role. The general educator participates in the development, review, and

revision of the IEP, in particular focusing on:

1) Appropriate Positive Behavioral Interventions and Strategies for the student; and

2) Supplementary Aids and Services, program modifications, and supports for school personnel that will be provided for the student.

b. Special Circumstances 1) Student has More than One General Educator. When a student has

more than one general educator and only one attends the IEP meeting, the case manager should seek input from the teachers who will not be attending.

2) No General Education Teacher. If the student does not have a general education teacher, the general educator who attends must be qualified to teach students who are the same age as the student in question.

3) Preschoolers. For a preschooler (3-5 years of age) who has not yet entered the primary grades, the team must include an individual qualified to teach preschool children without identified disabilities.

4) Full-time General Education Class. When a general educator calls for a reconvening of the IEP team for any student with a disability assigned to his or her classroom on a full time basis in which the IEP requires an adjustment in the curriculum, instruction, or services to be provided by the general educator, this teacher participates on the team and participates continuously thereafter for as long as the student is assigned to his/her classroom. The teacher need not (depending upon the student’s needs and the purpose of the specific IEP team meeting) be required to participate in all decisions made by the team or to be present throughout the entire meeting.

c. Extent of Participation. In determining the extent of the general educator’s participation at IEP meetings, the case manager and parents should discuss and try to reach agreement on the extent of the general educator’s participation.

3. Special Educator. The student’s case manager, who could also be the speech/ language pathologist for students suspected of having a speech/language impairment only. Note: For students who may require related services, related service providers are not required to participate in the IEP meeting; however, in such cases, related services staff (e.g., social worker, psychologist, nurse, speech/language pathologist, OT, PT, etc.) must provide a written recommendation concerning the nature, frequency, and amount of service to be provided to the student, which could be part of the assessment report.

4. Interpreter of Assessment Results. An individual who can interpret the instructional implications of the assessment results (a person may assume this role in addition to another role at the meeting);

5. Administrator or Representative. An individual designated by the principal to represent the SDUSD at the IEP meeting. The principal may delegate the functions, but not the responsibilities of this position. This individual must be:

a. Qualified to provide or supervise the provision of special education services;

b. Knowledgeable about the availability of SDUSD resources;

c. Authorized to commit resources; and

Note: When potential resources are outside of the principal’s authority to commit, such as services in another school, a paraprofessional or extensive assistive technology, the principal should involve or invite the appropriate Program Manager (i.e., Elementary, Middle, or High School) and/or Cluster Support Teacher for consultation/collaboration or to attend the IEP meeting.

d. Able to ensure that the services set out in the IEP will be implemented.

6. Student

a. At Parent’s Discretion b. Transition Services Discussed. The case manager must invite the student to

attend his/her IEP meeting if the team will be considering postsecondary goals and the transition services needed to reach those goals. For more information, see paragraph 8 below.

c. At Age 18 Years. At age 18 years, the parent’s rights and procedural safeguards transfer to the student unless the parent has obtained lawful guardianship or conservatorship.

Teachers and parents should encourage and support students to participate in the IEP meeting to the greatest extent possible by talking to the student prior to the meeting about its purpose and the kinds of information the student might offer.

7. Special Education Cluster Support Staff . The school principal or case manager should consult with or invite the Program Manager (or special education cluster support teacher) to IEP meetings if services that are not within the authority of the school’s administrator or representative to commit, such as, services provided in another school, an additional paraprofessional, etc., are discussed.

8. Transition Services Participants a. Student. A student with a disability who is 14 years of age or older must be

invited to attend the IEP team meeting if one purpose is consideration of his/her postsecondary goals and/or the transition services (s)he needs to reach those goals. The student must be allowed to provide confidential input to any representative of the IEP team.

b. Student Nonattendance. If the student does not attend the IEP team meeting, the case manager must take other steps to ensure that the student’s preferences and interests are considered. This includes communicating with the student prior to the meeting.

c. Representative of Transition Agency. To the extent appropriate and with the consent of the parents or a student who is at least 18 years of age, the case manager must invite a representative of any participating agency that is likely to be responsible for providing or paying for the student’s transition services.

9. Children Served Under Early Intervention. In the case of a child who was previously served under Early Interventions, when requested by the parent, the case manager must invite the infants and toddlers with disabilities’ service coordinator or other representatives of the early education or early intervention system to the IEP meeting to assist with the transition of services.

10. Students in Group Homes. For students placed in a group home, the case manager must invite a representative of the group home. This provision may not be construed to delay the IEP process or to change the IEP team requirements.

11. Others. The parent has the right to present information to the IEP team in person or through a representative. At the discretion of the parent or district, other individuals may attend who have knowledge or special expertise regarding the student, including related services personnel as appropriate.

a. Determination of Knowledge. The determination of the knowledge or special expertise of these individuals must be made by the party (parents or SDUSD) who invites the individual to be a member of the IEP team.

b. Conflict of Interest. Notwithstanding the above, an attorney or advocate for the parent may not recommend placement in a nonpublic, nonsectarian school or agency with which the attorney or advocate is employed or contracted, or otherwise has a conflict of interest from which the individual receives a benefit.

c. Parental Consent. If the case manager wishes to invite officials from another agency, such as those providing mental health or other services, (s)he must obtain parental consent for the individual to participate in the IEP team meeting because confidential information about the student would be shared at the meeting.

d. Notice of District and Parent Representatives (Invitees). The District and parent will provide notice of other invited agencies that may send representatives. It is the right of the parents to bring such representation and it is appropriate for the case manager to ask the parents to provide notice of any individuals the parents will be inviting to the meeting. Exchanging such information can facilitate the necessary arrangements/accommodations for the meeting.

Note: Each team member signs the IEP with their name and position; signatures reflect only the member’s presence and NOT agreement with the contents.

B. Interpreters. The case manager must ensure that the parent understands the

proceedings at a meeting and must arrange for an interpreter for parents with deafness or whose native language is a language other than English. The District offers interpreters to assist special education staff with assessments, interpreting IEP team meetings and translating IEPs. Services are available in the following languages: Cambodian, Hmong, Japanese, Laotian, Mandarin, Somali, Spanish and Vietnamese. To request services, contact the Translation Department.

C. Attendance Flexibility 1. Area of Curriculum or Related Service Not Involved. A member of the IEP

team described above is not required to attend meeting, in whole or in part, if the parent and the SDUSD representative agree, in writing, that the attendance of the member is not necessary because his/her area of the curriculum or related services is not being modified or discussed in the meeting. The Agreement to Excuse an IEP Team Member from Attending an IEP Team Meeting form is used to document agreement.

2. Area of Curriculum or Related Service Involved. A member of the IEP team may be excused from attending a meeting, in whole or in part, when it involves a modification to or discussion of the member's area of the curriculum or related services, if –

a. Written Consent. The parent and the SDUSD representative consent in writing to the excusal; and

b. Input. The member submits in writing to the parent and the IEP team input into the development of the IEP prior to the meeting (see Sample Letter for Sending Written Input).

Consent means that the parent has been fully informed in his or her native language, or other mode of communication, and understands that the granting of

Conference Call Team members may participate in the conference by

telephone if they are unable to attend personally.

consent is voluntary and may be revoked at any time. The case manager must, therefore, provide the parent with appropriate and sufficient information to ensure that the parent has a full understanding of the consent’s implication and that if the parent does not consent, the IEP team meeting must be held with that member in attendance. The Agreement to Excuse an IEP Team Member from Attending an IEP Team Meeting form is used to document consent.

3. Flexibility. Allowing IEP team members to be excused from attending an IEP team meeting is intended to provide additional flexibility to parents in scheduling IEP team meetings and to avoid delays in holding a meeting when an IEP team member cannot attend due to a scheduling conflict.

a. Determination of SDUSD Participants. Case managers identify the specific personnel to represent SDUSD at the IEP team meeting. A parent does not have a legal right to require other members of the IEP team to attend the meeting.

b. Timing of Decision & Input. The decision to excuse members and obtain feedback, if relevant, must occur prior to the IEP meeting.

4. Process to Follow when Excusing a Team Member. The case manager follows the procedures below when a team member is excused from the IEP meeting when criteria in Sections 1 and 2 above are met.

a. Written Documentation of Agreement. Send two copies of the signed form to the parent, along with a self-addressed envelope, and retain a copy in the student’s education container. Input from the excused team member(s) must be provided to the parent and the case manager prior to the IEP team meeting. This input can be provided with the Agreement to Excuse an IEP Team Member from Attending an IEP Team Meeting or under separate cover.

b. Notify Staff. Notify the impacted staff about their excusal from the meeting and if their prior written input is required. Also notify additional team members that specified staff will not be attending the meeting.

c. Document IEP. Complete Section 8 of IEP Team Action Page indicating, “Per mutual agreement between the parent and the District, the following member(s) was excused from the IEP team meeting” and list the role of the excused member(s).

d. Signature Page. On the IEP Signature Page, indicate “Excused per Agreement” on the signature line for the excused team member.

D. Tape Recording. The parent or SDUSD have the right to record electronically the proceedings of IEP team meetings on an audiotape recorder. The parent or case manager must notify the members of the IEP team of the intent to record a meeting at least 24 hours prior to the meeting. If the District initiates the notice and the parent objects or refuses to attend the meeting because it will be audiotaped, the meeting may not be recorded.

For SDUSD audiotapes, parents have the right to:

1. Inspect and review the audiotape recordings;

2. Request that the audiotape recordings be amended if the parent believes that they contain information that is inaccurate, misleading, or in violation of the student’s rights of privacy or other rights.

3. Challenge, in a Hearing, information that the parent believes is inaccurate, misleading, or in violation of the individual's rights of privacy or other rights (see Chapter 8 for more information about this issue).

III. Case Manager’s Preparation for the IEP Meeting

A. Scheduling and Notices. The case manager must take steps to ensure that one or both of the parents are present at the IEP team meeting or are afforded the opportunity to participate, by following the detailed procedures in Chapter 6 regarding notice and procedural safeguards. In summary, these procedures include –

1. Parental Notice of the Meeting. Give a copy of the IEP Meeting Notice Form to the parent and to all IEP team members to communicate the date, time and location of the IEP meeting.

2. Procedural Safeguards Notice. If this is the annual IEP, enclose a copy of the Procedural Safeguards Notice. For other IEP meetings, remind the parent that the Procedural Safeguards Notice is available upon request.

3. Student Attendance. If the student is 18 years old, provide the student with the IEP Meeting Notice Form.

4. Scheduling Meeting. Schedule the meeting at a mutually agreed on time and place.

5. Native Language & Mode of Communication. Provide the written notice in the parent's native language and mode of communication, unless it is clearly not feasible to do so.

6. Notice Content. Indicate the purpose(s), date, time, and location of the IEP meeting as well as all of the IEP team meeting participants.

B. Use of Interpreters or Other Action, as Appropriate. The case manager takes whatever action is necessary to ensure that the parent understands the proceedings of the IEP team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.

C. Conducting an IEP Meeting without Parental Attendance. An IEP team meeting may be conducted without the parent in attendance as long as the standards below are documented:

1. Alternative Methods of Participating. The parent was advised that (s)he may participate by conference call or telephone speaker.

2. At Least Three Contacts. If the parent does not participate, the case manager must have documented at least three attempts and/or contacts to arrange a mutually agreed upon time and place for the meeting including –

a. Detailed records of telephone calls made or attempted and the results of those calls;

b. Copies of correspondence sent to the parents and any responses received; and

c. Detailed records of visits made to the parent’s home or place of employment and the results of those visits.

Contacts must be filed in the student’s education container, including written notice, notation of hand-delivery to the parent, first class mail, documented phone calls, home visits, documented contact through another adult family member, fax with receipt documented, e- mails with print-out, etc.

D. Student Considerations. Before the IEP meeting, the case manager should address whether the student has any of the following special circumstances and, if so, what pre-meeting preparation should be taken to address these noted considerations:

1. EL. For a student who is an English Learner (EL), whether the language needs may relate to the IEP.

2. Sensory Impairments. For a student who is blind or visually impaired, evaluative information about the student’s reading and writing skills, needs, and appropriate reading and writing media (including an assessment of future needs for instruction in braille or the use of braille) should be available for the IEP team to determine whether to provide for instruction in braille and the use of braille or that such is not appropriate.

3. Unique Communication Needs. For a student with communication needs and in the case of a student who is deaf or hard of hearing, gather information for the IEP team’s consideration regarding the student’s language and communication needs, opportunities for direct communications with peers and professional personnel in the student’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the student’s language and communication mode.

4. Assistive Technology Needs. Gather information that would allow the IEP team to consider whether the student has any assistive technology (AT) needs.

5. Physical or Health Impairments. Gather any information that would provide information regarding any physical or health impairments of the student and support (s)he may require.

6. Transition Needs. Determine the age of the student and if over 16 years of age, ensure that the student and other appropriate individuals are invited to participate on the IEP team. Gather any information that would provide information to the team about the student’s transition needs.

7. Behavioral Issues. For a student with behavior that impedes the student’s learning or that of others, gather information to determine whether the use of positive behavioral interventions and supports, and other strategies would be useful to address that behavior.

E. Assessments. Case managers take the following steps to prepare for the IEP meeting:

1. Behavior. If the student's behavior affects learning or the learning of others, a Functional Analysis Assessment (FAA) must be completed before the IEP meeting (the IEP team reviews the FAA at the IEP meeting and, as necessary, prepares a new Behavior Intervention Plan (BIP) or revises the existing BIP based on the results of the FAA).

2. Academic & Functional Performance. Review the student's current IEP to determine mastery of annual goals; and review portfolios and compile anecdotal records, samples of student work, and other information relevant to determine the student’s potential for learning, strengths, rate of learning, need for specialized instruction and/or accommodations, and educational needs in relationship to the general education curriculum.

3. Achievement & Progress. Assess current achievement levels and progress toward achieving CDE Standards, SDUSD academic standards and IEP goals.

4. Most Recent Assessments. Gather the results of the most recent assessments of the student.

5. Parental Concerns. Talk to the parent to gather any of their concerns about their child’s education.

6. Student Strengths. Gather information about the student’s talents, hobbies and interests.

7. Attendance & Class Participation. Compile data on the student’s attendance and class participation.

8. EL. For students who are EL, compile data on levels of their English language and native language proficiency.

9. Confer. Gather additional information from general educators and other education specialists.

F. Parental Accommodations. Case managers consider parental need for accommodations at the IEP team meeting and:

1. Mode of Participation. Discuss with the parent his/her desire to participate in the IEP team meeting through conference call or on telephone speaker (if parent elects to participate via conference call, the case manager should provide draft copies of the IEP prior to the meeting date).

2. Type of Accommodation. Determine if the parent requires an interpreter if (s)he is deaf or requires assistance understanding the English language, or requires a physically accessible building. If so, the case manager must arrange for reasonable accommodations.

IV. IEP Roles A. Administrative Representatives (Generally, Principal or Designee)

1. Data Communicated. Ensure that the case manager has records and information on the student's performance, behavior, and attendance.

2. Pre-conference Activities. In cooperation with case managers, ensure that all pre-conference activities are completed in accordance with required timelines.

3. Attends Meeting. Attend IEP team meetings and carry out the role of the administrative representative:

a) Provide Information. Provide information about the:

1) Provision of specially designed instruction and the general curriculum;

2) General education curriculum; and

3) Availability of SDUSD resources.

b) Authorize Resources. Authorize SDUSD resources contained in students’ IEPs, including services and materials. When potential resources are outside of a principal’s authority to commit (such as an additional paraprofessional or extensive assistive technology), the principal must ensure that the Program Manager or Cluster Support Teacher collaborates or attends the IEP meeting for this purpose.

4. Implementation. Locate and identify the availability of resources needed to implement special education services and accommodation that are necessary to implement IEPs.

5. Delegation. Principals may delegate the functions of the administrative representative; however they remain accountable for ensuring that the various functions are carried out.

B. Case Manager. Carry out the activities described in Section V above;

C. Education Specialists

1. Information about Child. a. Current Students. If a student is receiving special education services, review

the current IEP, compile anecdotal records, samples of student work, and other information relevant to determining the student’s potential for learning, rate of learning and need for specialized instruction and/or accommodations, including a summary of progress monitoring data for the last year.

b. Initial IEPs. Review assessment reports and other presenting documentation, such as RTI/PBIS, referral information, etc.

2. Instructional Data. Identify instructional and classroom management strategies that have been successful with any available data to support improved performance.

3. Learning Style. Be prepared to discuss student learning style.

4. Special Factors. List or identify special factors that may impede student learning.

5. Absences & Discipline. Compile a summary of student absences, tardiness, and any disciplinary infractions for the last year.

6. Positive Interventions. Suggest positive intervention strategies for improving the student behavior, supplementary aids and services, program accommodations or modification, or modifications and supports for school personnel that may be necessary for a student to benefit from specialized instruction.

D. General Education Teacher 1. Current Performance. Be prepared to discuss each student's current performance

in relationship to the general education curriculum. Collaborate with education specialists to provide additional information regarding behavior and attendance patterns

2. Student Progress. Share comments and data on student progress toward achieving IEP goals and state performance standards on regular and alternate assessments, including participation in classroom activities, performance on benchmark assessments and curriculum based assessment.

3. Successful Strategies. Identify instructional and classroom management strategies that have been successful with each student.

4. Encourage Parent Participation. Parents are critical to a child’s success in school and their collaboration and meaningful participation can make a difference between mutual support of the child or intense conflict. Parents who believe they have been supported as active partners in their child’s education are more likely to work with school staff and are less likely to institute formal and sometimes contentious proceedings.

Without conscious action to enable parents to feel involved in a meaningful way during IEP meetings, parents can often feel powerless and intimidated. School staff can make a difference in how parents view the school and whether a trusting and mutually supportive relationship is developed between the school and parents.

5. Factors that Enhance Parent & Professional Relationships a. Parents and school personnel have an established and ongoing relationship;

b. Parents recognize that teachers know the interests and needs of their children;

c. Teachers use specific strategies to encourage active parent participation;

d. Communication is constant and open;

e. Communication centers on shared goals for the child;

f. Parents are treated as equal partners and are critical members of the IEP team

g. Parents are informed of and are knowledgeable about the IEP process and procedural safeguards; and

h. Parents are informed of and referred to community resources.

6. Factors that Discourage Parent Involvement a. Professionals do not appear to be listening to parents;

b. Professionals are not prepared or appear to be unwilling to answer questions;

c. Parent input is not requested prior to or during meetings;

d. School personnel control meeting agendas and do not involve parents in discussions;

e. School personnel use technical terms and jargon instead of parent-friendly language.

7. Facilitating Active Parental Participation at IEP Meeting a. Communicate the importance of parental participation in the IEP meeting to parents;

b. Accepting parents as parents as knowledgeable and informed partners;

c. Prior to meetings, if possible, obtain information from families about student strengths, concerns or suggestions regarding their child’s education and future;

d. Obtain information from the parents about any concerns about the IEP meeting;

e. Assist the family in preparing information or questions to discuss at the meeting; and

f. Facilitate communication among the student, parents and other IEP team members prior to the conference and during the IEP meeting.

8. Resources for Parents & Schools. Real participation can only occur when parents are informed. Open communication is part of building trust. Many websites are available with good information and resources for parents: See U.S. Office of Special Education Programs at: http://www.ed.gov/parents/needs/speced/resources.html#Parents.

E. Parents 1. Meeting Date & Time. Discuss and select with the case manager a date and time

for the IEP meeting.

2. Review Current IEP 3. Progress Reports. Review most recent progress reports from the teacher(s).

4. Child’s Abilities. Prepare and share comments regarding his/her child’s strengths, abilities and needs.

5. At-Home Performance. Consider child’s study habits, organizational skills and behavior at home.

6. Vision. Think about the skills the student should master by the end of the year and formulate a vision of the future, including post secondary transition goals.

F. Assessors. For an initial IEP, an assessor who participated in the assessment must participate in the meeting to explain the assessment recommendations and assist in the development of the IEP. If such a member cannot be in attendance, someone who is qualified to interpret the instructional implications of the assessment must attend.

G. Students. The case manager or other individual may provide support to students who are going to participate in the IEP team meeting by helping them to:

1. Think about preferred school activities to pursue.

2. Think about educational and post-secondary goals (e.g., college, career, job placement).

3. Share concerns with parents or teachers.

4. Identify accommodations that have been helpful and those which were not useful.

V. Structuring the IEP Meeting A. Suggested Guidelines. It is recommended that the case manager use the following

protocol and guidelines to conduct an IEP team meeting:

1. Agenda. Use a structured format/agenda.

2. Student-focused. Focus discussion on student issues and strengths.

3. Language. Use user-friendly, jargon-free language.

4. Beginning the Meeting. State the purpose of the meeting, distribute the agenda and introduce all participants.

5. Sign IEP. Ask the parent, all other IEP team members and other participants in attendance to sign the IEP form. Explain that signing the IEP indicates attendance at the IEP meeting - not agreement with the IEP.

6. Confidentiality. Advise the parent that assessments and results are confidential and will be discussed for educational purposes only.

7. Involve Parent. Offer the parent the opportunity to share his/her expectations and vision of their student's future, including short-term and long-term goals. The parent should describe his/her understanding of the student’s strengths and personal interests, as well as concerns regarding the student’s educational performance, physical development, social and emotional development, independent functioning (including vocational considerations, if appropriate) and participation in home and community.

B. Review Assessments, Observations, & Last Assessment of Student At least one IEP team member knowledgeable about the student’s progress, assessments and current levels of academic performance, and who can interpret the instructional implications of this data, should:

1. Identify the type of assessments and assessments performed and the source of information, such as formal testing, parent and student interviews, observations, alternate assessments (portfolios, performance-based, curriculum-based, etc.), and student progress reports and performance data.

2. Discuss and review information about the student’s strengths and needs with the IEP team.

C. Encourage Collaborative Decision-Making The IEP team makes decisions based on student assessment data and student needs through consensus, which is a general agreement – not unanimity.

Note: Team members may fill out various sections of the IEP prior to the meeting BUT all members must understand that this information is Draft ONLY and will be final only upon deliberation and consensus of the Team.

When parents and other members of an IEP team are unable to reach consensus, it is important that each “side” consider compromise. The following are Steps to Build Consensus –

1. Identify the most important issue of disagreement. Define or describe the problem or sharpen the conflict by pointing out where the most basic point of contention exists.

2. Listen to others for information not previously shared or known.

3. Determine areas for possible compromise or to give up on; however, don't offer compromises in areas of great importance.

4. Brainstorm alternative solutions, listing as many as possible.

5. Consider each alternative, listing and weighing the pros and cons of each.

6. Discuss the pros and cons and select the alternative which minimizes the cons and maximizes the pros; think of ways to solve the cons.

7. Throughout the process, get input from all team members; discuss the problem and prospective solutions until an alternative can be found that is supported by all.

If, in spite of best intentions, the IEP team cannot reach consensus, further meetings may be held with the involvement of the pertinent Cluster Support Staff (e.g., Program Manager or Cluster Teacher). School personnel can utilize Cluster or District support personnel to talk to parents who are reluctant to consent to an assessment or initial placement. In any event, the parent and district always have the right to request a due process hearing. Additional information is provided about resolution of differences in Chapter 6.

VI. Content of the IEP. The following information provides the content of the IEP.

A. General Student Information 1. Strengths of the student;

2. Parental concerns for enhancing the education of their child. The case manager should:

• a. Ask the student’s parent to state any concerns they may have relevant to their child’s educational progress in school.

• b. Summarize the areas the parent would like to see addressed during the IEP meeting.

• c. Check to make sure the concerns have been accurately recorded.

3. The results of the initial or most recent assessment of the student;

4. The student’s academic, developmental, and functional needs;

5. Statewide assessment results; and

6. Progress or lack of expected progress in general education curriculum, including course(s) of study for transition. See Section L below for more information about Transition.

B. Primary Services. Every student will have a Primary Special Education Service.

The primary service provider is often the student’s case manager, who is responsible for coordinating the services on the IEP and communicating progress to parents. Primary special education services may include:

1. Specialized Academic Instruction (SAI). Adapting, as appropriate to the needs of the student with a disability the content, methodology, or delivery of instruction to ensure access of the student to the general curriculum, so that he/she can meet the educational standards within the jurisdiction of the public agency that apply to all students.

2. Intensive Individualized Instruction. Additional support for all or part of the day to meet IEP goals.

3. Individual and Small Group Instruction. Instruction delivered one-to-one or in a small group enabling the individual(s) to participate effectively in the total school program (for preschoolers).

The primary service for most special education services is now considered SAI, instead of RSP (Resource Specialist Program) or SDC (Special Day Class). Specialized academic instructional services are provided to students in order to implement their IEPs. Each school site in the District provides special education services designed to facilitate the acquisition of State standard skills in the least restrictive setting. Students with more intensive needs receive additional time in a special education setting or additional services in general education settings.

Mild/Moderate Services are designed to meet the needs of students who require direct special education services from special education teachers and/or accommodations in a general education setting. Students in Mild/Moderate programs typically participate in general education settings for much of their school day.

Moderate/Severe Services are provided for students who require direct instruction from a special education teacher for most of the school day.

Severe Services are provided for students who require direct instruction from a special education teacher for the entire school day.

SDUSD’s IEPs will list the child’s primary disability along with the amount of time the student will receive services, as well as how often, and in what environments. If the IEP team determines the LRE would be a small group setting with support of a special education teacher, then SAI will be listed as the primary

service on the student’s IEP. If the student requires services in a small setting delivered by a special education teacher, it will be identified as SAI support in a separate class; the District will no longer use the term “special education class.”

C. Present Level of Academic Achievement & Functional Performance. For each annual review, the team provides a statement of the student’s present levels of academic achievement and functional performance, including:

1. How the student’s disability affects his/her involvement and progress in the general education curriculum (i.e., the same curriculum as for nondisabled students); or

2. For preschool children, as appropriate, how the disability affects the student’s participation in appropriate activities.

3. A summary of the student’s:

a. Strengths, interests, learning preference and progress toward goals;

b. Academic readiness skills in the following areas, as appropriate:

1) Reading

2) Written language

3) Math

c. Communication skills;

d. Motor skills and sensory motor integration;

e. Social, emotional, and behavioral skills;

f. Self-help skills;

g. Health, including hearing/version screening; and

h. For English Learners, how the student’s English proficiency will be addressed; language proficiency results; instructional program; and service provider.

D. Consideration of Special Factors. The IEP team is required to consider the five special factors described below. If the team determines that a student needs a particular device or service, including an intervention, accommodation, or other program modification, in order for the student to receive a free appropriate public education, the IEP team must include a statement to that effect in the pupil's IEP.

1. Assistive Technology (AT). Consider whether the student needs AT devices and services to meet educational goals and objectives.

a. Definition. An AT device is any item that can be used to increase, maintain, or improve a student’s functional independence and capabilities. AT refers to 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 child with a disability. The term does not include a medical device that is surgically implanted, or the replacement of such device.

Advantages of AT

AT helps to level the playing field for students by providing them a way to fully engage in life activities. A student may use AT to learn, communicate, travel about, participate in recreational and social activities, etc.

b. High or Low Tech. AT can be high tech (a computer operated by eye movement) or low-tech (a specially designed door handle for people with dexterity problems). AT can also include augmentative communication devices that provide vocal output for a student who cannot communicate with his/her voice as well as include something as small as a Velcro attached grip for a fork or pen.

c. Settings. On a case-by-case basis, school-purchased AT devices must be available for the student’s home or in other settings if the IEP team determines that the student needs access to those devices in order to receive FAPE.

d. Prior to Recommending AT Devices & Services. IEP teams consider the following prior to recommending AT devices and services –

1. What the student is able to do with and without AT devices and services;

2. What the student needs to be able to do;

3. What methods, strategies and/or programming considerations have been utilized to provide the student maximum opportunity to develop his/her potential prior to recommending AT;

4. If the student needs an AT device or services to access the general curriculum or to communicate;

5. If no-tech, low tech, or mid-tech strategies have been employed by school staff to assist the student in meeting IEP goals and the range of devices available;

6. If the student’s language of instruction has been considered and addressed;

7. If the student, family, teachers, service providers, or others need training and ongoing assistance to use the device; and

8. If any device should be integrated and coordinated with therapy, interventions, or services.

A specific recommendation for AT devices should not be made without first conducting a needs assessment.

e. “Consideration of AT Guide for IEP Teams.” When considering AT, the IEP team utilizes the Consideration of AT Guide for IEP Teams and the AT Checklist.

f. Accessing AT. For assistance with AT, utilize the Request for AT Services form.

2. Low Incidence. If the student has a low incidence disability, describe the services, equipment and/or materials the student needs to meet educational goals.

3. Use of Braille. In the case of a student who is blind or visually impaired, consider the student’s need for instruction in and use of braille.

a. Definitions. Unless the context otherwise requires, the following definitions apply to this section.

1) Functionally blind refers to students who rely basically on senses other than vision as major channels for learning.

2) Low vision refers to students who use vision as a channel for learning, but who may also benefit from instruction in braille.

3) Visually impairment refers to students who are functionally blind or with low vision. For purposes of this section, this term does not include students eligible for LD because of a visual perceptual or visual motor dysfunction.

b. Opportunities for Braille Instruction. Students who, due to a prognosis of visual deterioration, may be expected to have a need for braille as a reading medium must be provided with opportunities for braille instruction.

c. Functional vision assessments are used as one criterion in determining the appropriate reading medium or media for students.

4. Communication Needs. Consider students’ communication needs and for those who are deaf or hard of hearing, consider language and communication needs, opportunities for direct communications with peers and professional personnel in each student’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in each student’s language and communication mode. In addition, the IEP team must specifically discuss: a. Primary language mode & language, which may include the use of spoken

language with or without visual cues, or the use of sign language, or a combination of both;

b. Availability of a sufficient number of age, cognitive, and language peers of similar abilities;

c. Appropriate, direct, and ongoing language access to education specialists and other specialists who are proficient in the student’s primary language mode and language;

d. Services necessary to ensure communication-accessible academic instructions, school services, and extracurricular activities;

e. Functioning of hearing aids, and how to ensure that those worn in school are working properly;

f. Proper functioning of external components of surgically implanted medical devices. Note that the district is not responsible for the postsurgical maintenance, programming, or replacement of any medical device that has been surgically implanted, or of an external component of the surgically implanted medical device.

5. For Students with Behavior that Impedes Learning

a. General. For students with behavior that interferes with his/her learning or that of others, describe the behavior. Depending on the severity of the student’s behavior, consider the provision of accommodations, positive behavior interventions and supports, the use of a Behavior Support Plan (BSP), the provision of an FAA and a BIP.

b. Positive Behavior Interventions, Strategies & Supports. Describe strategies, including positive behavioral interventions and supports to address the student’s behavior.

c. Behavior Support Plan (BSP). A BSP is used when a student is engaging in behavior that requires support and there is sufficient data to identify appropriate supports. In this case, the behavior is not so serious that it requires an FAA and BIP, which is described below in item d. The BSP contains the following:

1) Description of the student’s current positive and targeted behavior, including data reflecting intensity, frequency and duration;

2) Description of learning areas impeded by the behavior; 3) Description of how behavior impedes learning; 4) Estimate of need for behavior support plan; 5) Description of any current predictors of behavior; 6) Hypothesis for behavior; 7) Description of what student should do instead of problem behavior; 8) Description of any factors that may contribute to the problem behavior (in

or missing in environment or instruction) 9) IEP behaviors/goals/objectives related to the plan

10) For the following, indicate provider and frequency:

a) Teaching strategies and necessary curricula or materials for new behavior instruction (communication systems, individual schedules, etc.)

b) Environmental modifications and supports to be provided (time, space, materials and interaction);

c) Proactive strategies (procedures to support replacement behaviors and new skills);

d) Reactive strategies to employ/debrief procedures to use if problem behavior occurs again)

11) Communication and documentation procedures (daily, weekly reports, record keeping); and

12) Projected review date, actual review date, and outcomes.

d. Functional Analysis Assessment (FAA) & Behavior Intervention Plan (BIP). To consider whether a student needs an FAA or BIP, the IEP team may ask whether the student –

a) Needs to learn and/or use new behaviors, skills, and/or strategies; b) Demonstrates behaviors that are unsafe and/or significantly interfere with

the behavior of others; c) Has current behavior that requires intervention; d) Is frequently removed from the general education classroom because of

inappropriate behavior; e) Is currently educated in a resource, separate classroom, or separate school

because of inappropriate behavior; and f) May have behavior that is a manifestation of his/her behavior.

For more information about FAAs and BIPs see Appendix C.

E. Supports for Instruction

1. Supplemental Aids, Services, and Modifications. These may include but not be limited to those in the following areas:

a. Presentation 1) Braille; 2) Directions given in a variety of ways; 3) Highlighted text; 4) Large print; 5) Modified curriculum; 6) Oral tests; 7) Reduced paper/pencil tasks 8) Repeated review/drill 9) Short-answer tests; 10) Shortened assignments;

11) Sign language; 12) Taped lectures; and 13) Taped texts (see Books on Tape for more information and

Request form).

b. Setting/Response 1) Increased verbal/response time 2) Preferential seating; 3) Sign language

c. Timing/Scheduling 1) Extended time for completing assignments 2) Extended time for completing tests 3) Frequent breaks

d. Use of Aids or Tools a) Assignment notebooks b) Calculator c) Low vision aids d) Study sheets

e. Additional Support/Assistance

1) Individualized instruction 2) Note-taking assistance 3) Peer buddy 4) Peer tutor 5) Reader services

2. Program Modifications or Supports for School Personnel. The IEP team specifies any supports school personnel may need to enable the student to: advance appropriately toward attaining the annual goals; be involved in and make progress in the general education curriculum, to participate in extracurricular and other nonacademic activities; and be educated and participate with other students with disabilities and nondisabled students in the activities described in this chapter.

F. Transition. For students who will be 16 years of age before their next IEP, complete an Individual Transition Plan (see Section L below).

G. Statewide Assessments. All students, including those with disabilities and ELs, in grades 2 through 11 must participate in California’s Standardized Testing and Reporting (STAR) Program.

1. Four Components. The STAR Program consists of four parts: a. California Standards Tests (CSTs) measure students’ achievement of

California’s content standards for English–language arts, mathematics, science, and history/social science. Except for a writing component that is administered as part of the grade four and seven English-language arts tests, all questions are multiple-choice.

b. California Modified Assessment (CMA)

1) In General. The CMA measures students’ achievement of CA’s content standards for students whose disabilities preclude them from achieving grade-level proficiency on an assessment of the CA content standards with or without accommodations. The CMA enables some students to better demonstrate their knowledge of the content standards. For additional information regarding the CMA, (see CMA Criteria form).

2) Criteria. The CMA is taken by students with an IEP who meet the following criteria as specified in their IEP: a) Previous Participation. The student took the CST and scored below

or far below basic in the subject tested, and may have taken the CST with a modification, or scored proficient or advanced on the California Alternate Performance Assessment (CAPA) Level II-V in two previous years. Students with no record of STAR Program testing in a previous year may not take the CMA. For this reason, the CMA is not available for grade two.

b) Objective Multiple Measures. Objective evidence of academic progress (or lack of progress), based on multiple measurements over a period of time, indicates that the student will not achieve grade-level standards as measured by a proficient performance level on the CST even with accommodations.

c) Response to Instruction. Academic progress in response to grade-level instruction, including special education and related services designed to meet individual needs and classroom support for subjects assessed by the CMA, shows the student will not likely achieve grade-level proficiency, even with instructional intervention.

3) IEP Specification. IEPs for students eligible to take the CMA must identify the content area(s) to be tested and accommodations, if any, to be used.

4) High School Diploma. Students who take the CMA cannot be prevented from completing requirements for a high school diploma. All students must meet the California High School Exit Examination (CAHSEE) requirements in order to receive a diploma from a California public high school.

5) Informed Parents. Parents or guardians of students selected for participation in the CMA are informed that their student’s achievement will be measured based on modified achievement standards.

6) Section 504 Eligibility. Students who receive services only under Section 504 are not permitted to take the CMA.

7) On IEP Prior to Testing. There is no stated deadline for an IEP team determination that a student will take the CMA; however, the student’s IEP must be in place before testing begins. By November 10th, all CMA eligible students’ IEPs should be amended in order for SDUSD’s Research and Evaluation Department (RED) to process/secure the requisite number of tests. A small number of additional test materials can be ordered for newly identified CMA test-takers after November 10th through the supplemental ordering process (contact the site Test Coordinator).

8) Reading Aloud ELA Passages. Reading ELA passages is not appropriate on the CMA test. For information about reading directions and test questions aloud, see SDUSD’s Test Variations/Accommodations/Modifications for Administration of California Statewide Assessment Document. CMA audio CDs for ELA will not have ELA passages read aloud.

9) Type of CMA Questions. Questions on the CMA are in a multiple-choice format where students select the correct answer from three possible response options. The CMA questions are presented differently from other STAR Program tests in that the type is larger and clearer, reading passages are shorter, and more graphics are included. Students in grade three mark their answers in the test booklet, and students in grades four and five mark an answer document. Examples of CMA questions and how they differ from CST questions are available at www.cde.ca.gov/ta/tg/sr/resources.asp.

c. California Alternate Performance Assessment (CAPA). The CAPA is for students with significant cognitive disabilities, who are unable to take the CSTs and/or CMA with accommodations or the CSTs with modifications. The CAPA is administered in grades 2 through 11. The CAPA links directly to the California academic content standards at each grade level and accurately reflects the portions of the content standards from Kindergarten through high school that are accessible to students with significant cognitive disabilities. CAPA is given in grade spans (Levels I – V).

1) Criteria. Eligibility for CAPA is based on a student’s IEP that reflects an emphasis on curricular instruction of California’s contents standards based on alternate achievement standards. The IEP team must determine whether it agrees with the following statements to determine if a student should be assessed with the CAPA. If the IEP team disagrees with any of the statements, the student may not take the CAPA; the team must then determine whether the student will take either the CST (with the use of any necessary accommodations or modifications) or the CMA.

The student: a) Requires extensive instruction in multiple settings to acquire,

maintain and generalize skills necessary for application in school, work, home, and community environments;

b) Demonstrates academic/cognitive ability and adaptive behavior that require substantial adjustments to the general curriculum. The student may participate in many of the same activities as his/her nondisabled peers; however, learning objectives and expected outcomes focus on the functional applications of the general curriculum; and

c) Cannot address the performance level assessed in the statewide assessment, even with accommodations or modifications.

The decision to participate in the alternate assessment is not based on: a) Amount of time the student is receiving special education services; b) Excessive or extended absences; c) Language, cultural, or economic differences; d) Deafness/blindness, visual, auditory, and/or motor disabilities; e) A specific categorical label; and f) An administrative decision, but is based on the IEP team

determination. Students with a severe, pervasive disability who functions at the sensorimotor developmental stage of approximately 24 months or less take the CAPA at Level I.

1) CAPA Level. If the IEP team determines that a student should be assessed with the CAPA, the IEP team continues to determine if the student should take the grade-assigned CAPA level or CAPA Level I and documents that information on the IEP. The following chart shows the various CAPA levels and respective grade ranges.

CAPA Level Grade Range Subjects

I 2–11 ELA, Math, Science

II 2 & 3 ELA, Math

III 4 & 5 ELA, Math, Science

IV 6–8 ELA, Math, Science

V 9–11 ELA, Math, Science

3) Accommodations & Modifications Do Not Apply to CAPA because examiners may adapt it based on students’ instruction mode.

4) Explanation for Alternate Assessment. If the IEP team determines that the student must take an alternate assessment instead of a regular State or district-wide assessment of student achievement, the IEP must contain a statement of:

a. Why the student cannot participate in the regular assessment; and b. Why the particular alternate assessment was selected.

5. Survey. The IEP team completes the IEP Alternate Assessment Survey when considering the appropriateness of the CAPA for a student.

d. Standards-Based Tests in Spanish (STS) measure students’ achievement of CA’s content standards for reading/language arts and mathematics in Spanish. This assessment is for students who are Spanish-speaking English Learners. 1) Criteria. The STS series is administered in grades 2 – 11 for students

who: a) Receive instruction in Spanish (regardless of how long they have been

in school in the US); or b) Have been enrolled in a school in the US for less than 12 total months. Schools must contact the Research and Evaluation Department (RED) to arrange for the testing of ELs who will have been in a United States’ school twelve (12) or more total months and who are not receiving instruction in Spanish.

e. Combination of Assessments. 1) General. It is possible that a student could take a CST, a California

Modified Assessment, and the STS (e.g., a third grade Spanish-speaking EL student with an IEP could take the CST for Mathematics, the CMA for ELA, and the STS for Mathematics and Reading/Language Arts).

2) Must Take STS in Addition to Other Tests. All students who are Spanish-speaking ELs must take the STS in addition to the tests in the STAR Program that are administered in English if: a) They receive instruction in Spanish (regardless of how long they have

been in school in the US); or b) They have been enrolled in a school in the US for less than 12 total

months. 3. Testing Variations, Accommodations, and/or Modifications.

a) In General. Some students with disabilities may require testing variations or accommodations to be able to take the CST, CMA, or STS. Those taking the CST or STS may also require modifications. Test variations are allowed for any student who regularly uses them in the classroom. Accommodations and modifications must be specified in each student’s IEP or Section 504 plan. See Matrix 1. Matrix of Test Variations, Accommodations, and Modifications for Administration of California Statewide Assessments (October 2008).

Note: Because the CMA is a modified assessment, modifications are not permitted for this test.

b) EL Students. 1) Glossaries or Word Lists. During testing, students who are EL may use

English-to-primary-language translation glossaries or word lists that are regularly used in the classroom and do not include definitions or formulas. This assistance may be provided for all subjects except English–Language arts on the CSTs and CMAs.

2) Test Direction Translation & Clarifying Questions. English Learners may have test directions translated for them and ask clarifying questions in their primary language for all subjects tested on the CSTs and CMAs.

3) Separate Testing. English Learners also may be tested separately if such a setting is a part of their general education classroom instruction or assessments.

4) Variations. The variations allowed for English Learners are listed in Matrix 2. Matrix of Test Variations for Administration of California Statewide Assessments for English Learners (October 2007) at http://www.cde.ca.gov/ta/tg/sa/.

4. Parentally Requested Exemptions. All students must take the STAR Program tests (CSTs, CAPA, or CMA) unless parents submit a written request to exempt their child. It is very important that all students take part in the STAR Program; the SDUSD and each school must have at least 95 percent of its students participating in statewide tests in order to meet federal accountability requirements. In addition to requesting the exemption in writing, the parent may specify:

a.) The test(s) from which the student is to be exempted (i.e., all or some tests); and

b) The length of time that the parent’s request remains in effect (i.e., current year or longer).

5. Off-Grade Testing Not Permitted. Testing below a student’s grade is not allowed. All students are required to take the test designed for the grade in which they are enrolled.

H. Measurable Academic/Behavioral Goals. The team considers all areas in which a student has educational needs that require a measurable annual goal and transition services (i.e., academic/cognitive; motor, behavior, communication, social, self-help and transition). Measurable goals include academic and functional goals designed to meet the student’s needs that result from his/her disability to enable him/her to be involved in and make progress in the general education curriculum.

The IEP must show a direct relationship between the present levels of performance, the goals and objectives, and the specific educational services to be provided.

1. General. IEP team members:

a. Develop a measurable annual goal for each student’s identified area of need.

b. Develop goals that address student needs and that are skill-based and provide access to the core curriculum as appropriate; not areas in which the student has yet to be exposed to material.

c. Develop goals that:

1) Are measurable.

2) Are related to the student’s need that result from the disability. 3) Enable the student to be involved in and progress in the general education curriculum. 4) Describe what the student can reasonably be expected to accomplish within a twelve month period. 5) Are linguistically appropriate.

6) Address vocational or pre-vocational needs.

7) Enable a preschool child to participate in appropriate activities.

d. Support goals with appropriate baseline data that reflects where the student is presently functioning relative to the desired outcome/goal.

e. Use baseline data that includes objective measures such as pre and post testing, scores on standardized tests or other measurable, objective data.

f. For students taking alternative assessment (e.g., the CAPA), develop a minimum of two benchmarks/objectives for each goal that:

1) Addresses what the student will do;

2) Describes the conditions;

3) Describes the evaluation standards; and

4) Are sequenced toward the annual goal.

g. Identify the person(s) responsible for the implementation of the goal.

2. Standards-based Goals

a. General. Standards are the basic framework of the general curriculum and the criteria used to define accountability. In order to ensure that students have the opportunity to access the general curriculum and to participate meaningfully in the statewide assessment process, essential content standards should be used to develop IEP goals and objectives/benchmarks to coordinate instruction, learning and assessment. Standards provide a common language and help bridge the gap between special and general education. Designing standards-based IEPs facilitates support for students in achieving the standards, assists students in performing their best on standards-based district and statewide assessments, helps ensure that students are promoted from grade to grade, and eventually graduating/exiting. Standards are points of focus that guide curriculum. The educational sequence outlined in the CA content frameworks guide the curriculum. For more information, see the ACSA and CARS+ Handbook of Goals and Objectives Related to Essential State of California Content Standards. This handbook includes examples designed to reduce staff frustration with writing goals and objectives/benchmarks.

b. Content Standards. Describe what students are expected to know and be able to do in each subject area and grade level.

c. Essential Standards. Identify specific content critical to the student’s program through the curriculum. According to the ACSA and CARS+ Handbook of Goals and Objectives Related to Essential State of California Content Standards, having just a few essential standards at each grade level provides the staff with a road map through the content standards maze.

d. Alternate Standards. These standards are a subset of the CA standards appropriate for students with the most significant cognitive disabilities who take alternate assessments.

3. Personnel Responsible for Implementing the Goal. Identify the personnel (i.e., education specialist, general educator, parent, speech/language pathologist, student, adapted physical educator, related service provider, and/or other) who are responsible for implementing goals and objectives.

I. Progress Reports. Indicate that parents will be informed about the extent to which their children are progressing toward achievement of the academic and functional annual goals at the same time that SDUSD’s report cards are issued.

J. Statement of Special Education & Related Services & Supplementary Aids and Services, based on peer-reviewed research to the extent practicable, to be provided to or on behalf of the student.

a. Peer-reviewed Research generally refers to research that is reviewed by qualified and independent reviewers to ensure that the quality of the information meets the standards of the field before the research is published. The phrase to the extent practicable, as used this context, generally means that services and supports should be based on peer-reviewed research to the extent that it is possible, given the availability of peer-reviewed research.

b. No Instructional Methodologies. The IEP does not include specific instructional methodologies.

c. Nonacademic & Extracurricular Services & Activities.

1. Supplementary Aids & Services. The IEP identifies those supplementary aids and services determined appropriate and necessary to provide nonacademic and extracurricular services and activities in the manner necessary to provide an equal opportunity for participation in those services and activities.

2. Types. Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by SDUSD, Proms and school dances, referrals to agencies that provide assistance to individuals with exceptional needs, and employment of students, including both employment by the district and assistance in making outside employment.

d. Consideration of Related Services. Includes, but is not limited to the following developmental, corrective, and other supportive services:

a. Adapted Physical Education b. Audiological Services c. Counseling & Guidance Services d. Health & Nursing Services e. Medical Services, which is limited to diagnostic and assessment purposes only

as required to assist a student to benefit from special education, and includes the early identification and assessment of disabling conditions in children.

f. Mental Health Services g. Parent Counseling & Training h. Physical and Occupational Therapy i. Psychological Services Other Than Assessment and Development of the IEP

j. Recreation, including therapeutic recreation; k. Social work services, counseling services, including rehabilitation counseling; l. Speech Pathology and Audiology; m. Specialized Physical Health Care; n. Transportation (see Section N below for more information); o. Travel Training (including Mobility Training); and p. Vision Services

See Appendix B for definitions of the terms that are initialized.

e. Information about Services. For each special education and related service, identify the following:

a. Initiation Date b. Duration c. Individual or Group Service d. Location of Service (i.e., where the student will receive the service)

e. Minutes per Day & Sessions per Week. Totaling the number of minutes in a special setting per week and the extent to which the student is removed from the general education class.

f. Physical Education. The IEP indicates the type of physical education program to be provided. Adapted physical education (APE) is not a related service; it is a direct instructional program. A student who requires only adapted physical education may be eligible for related services, since adapted physical education is a direct instructional program.

g. Graduation. For students in grades 7 through 12, the IEP describes any alternative means and modes necessary for the student to complete SDUSD’s prescribed course of study and to meet or exceed proficiency standards for graduation.

h. English Learners. For students whose native language is other than English, linguistically appropriate goals, objectives, programs, and services. For more information, see Section J, below.

i. Low Incidence. For students with low-incidence disabilities, specialized services, materials, and equipment, consistent with SDUSD Guidelines established pursuant to Section 56136.

K. Placement in the Least Restrictive Environment (LRE). Based on the above, the team discusses the placement that is the least restrictive environment for the student. In this context, placement refers to facilities, personnel, location or equipment necessary to provide all of the services identified in the IEP.

1. Core LRE Basic Principles. These principles apply to all students receiving special education support, not just those with mild disabilities:

a. Standards for Removal from General Education. The IEP team must ensure that special classes, separate schools, or other removal of students with disabilities from the general education environment, occurs only if the nature or severity of the disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily (i.e., student is not receiving educational benefit). General educational environment encompasses general education classrooms and other

settings in schools such as lunchrooms and playgrounds in which students without disabilities participate.

b. Begin Consideration with General Education Class. The IEP team must always begin consideration of placement in a general education class, along with the provision of special education/related services and the use of supplementary aids and services. These may include the provision of differentiated instruction, assistive technology, and provision of specialized services either in or briefly outside of the general education class.

c. Attendance in School Student Would Attend if Not Disabled. Unless the IEP of a student with a disability requires some other arrangement, the student is educated in the school that (s)he would attend if nondisabled. If the student must be placed in another school to receive FAPE, the placement must be as close as possible to his/her home.

d. Integration. To the maximum extent appropriate, students with disabilities, including students in public (including charters) and private institutions or other care facilities, must be educated with nondisabled students.

e. Potential Harmful Effects. When considering LRE, the IEP team must give consideration to any potential harmful effect of a placement on the student or on the quality of services that (s)he needs and what strategies may be used to counter these effects.

f. Need for Modifications. A student with a disability may not be removed from education in age-appropriate general education classrooms solely because of needed modifications in the general education curriculum.

g. Impermissible Factors: In all cases, the LRE decision must be individually determined on the basis of each student’s abilities, needs, and IEP, and not solely on factors such as category of disability, severity of disability, availability of special education and related services, configuration of the service delivery system, availability of space, transportation routes, or administrative convenience. For example, a student with a primary disability of ED may not be assumed to require and automatically placed in an “ED program.”

h. Residential Care. If placement in a public or private residential program is necessary to provide special education and related services, the program, including non-medical care and room and board, must be at no cost to the parents.

i. Timing of Decision. The LRE decision is based on the student’s unique needs and made only after all goals, modifications, and accommodations have been developed in the IEP.

j. Discussion Questions. For the location of instruction/services, IEP team members consider the following:

1) Where would the student attend school if he or she did not have a disability?

2) What accommodations and modifications have been used to support the student in the general education class?

3) After a review of the modifications and accommodations designed in the IEP, what additional strategies and supports have been identified to facilitate the student's success in the general education setting?

4) If the student is not currently receiving instruction and/or services in a general education setting, what strategies could be used to do so?

5) Based on IEP goals and objectives or benchmarks, what instructional setting(s) would support the achievement of these goals and objectives or benchmarks?

2. Selecting Educational Setting. Based on the description and intensity of special education and related services described in the student’s IEP, the team chooses the most appropriate setting from the continuum below, beginning with placement in the general education classroom and/or removal (from general education) less than 21 percent of the day. The team also documents its rationale for placement at a school that is not in the school (or classroom) the student would otherwise attend if not disabled. The documentation indicates why the student’s disability prevents his/her needs from being met in a less restrictive environment even with the use of supplementary aids and services.

Services Not Available at Student’s Current School

Whenever it is anticipated that the IEP team may determine that the services required by the student are not and cannot be made available at the current school, the case manager must contact the appropriate Program Manager or Cluster Support Teacher to ensure that all available resources are considered. The Program Manager may serve as the Administrator/Designee to authorize resources outside of the student’s current school.

3. Continuum of Program Options includes the following: a. 80% or More of Day in General Education.

b. 40% or More of Day in General Education. c. Less than 40% of Day in General Education Classes. This setting cannot

limit or restrict consideration of other options (e.g., services provided in a vocational education program).

Location of Separate Classes Separate class(es) must be located in an area designed to promote maximum appropriate interaction with nondisabled peers.

d. 100% Removal in a Separate School (See additional information for separate and out-of-state schools in Section 9 below).

e. State Special Schools

f. Home/Hospitals, etc. (see additional information in Section 10 below).

4. Standards for Separate Environments. The following standards apply to services in a separate environment:

a) Grouping. Students grouped together have IEP needs that can be appropriately met in that group.

b) Integration. When a student can benefit by attending a general education class for part of the day, the amount of time is written in the IEP.

c) Shorter Day. When the IEP team determines that a student cannot function for the entire regular school day, the IEP can specify and note a shorter day than the regular school day (as compared to the chronological peer group).

5. Identifying Potential Schools. The case manager contacts the appropriate school level Program Manager or Cluster Support Teacher when the IEP team determines that the services required by the student are not and cannot be made available at the current school.

6. Transition to LRE. IEP teams also consider strategies for transitioning students into the general education class if transferring from a special class or nonpublic, nonsectarian school into a general education class in a public school for any part of the school day, including the following:

a) Integration Activities. A description of activities provided to integrate the student into the general education program, including the nature of each activity, and the time spent each day or week.

b) Transition Activities. A description of the activities provided to support the student’s transition into the general education program.

7. Caseload Issues a) Caseload Maximum. Generally, a mild/moderate education specialist may

serve no more than 28 students. This number includes, but is not limited to all students for whom the education specialist performs any of the services described above.

b) Caseload Waivers. Program Managers may request the State Board of Education to grant a waiver of the maximum caseload if the waiver is necessary or beneficial either to the content and implementation of a student’s IEP and does not abrogate any federal or legal right of the student or compliance with IDEA.

1) Necessary or Beneficial Either to the Content and Implementation of a Student’s IEP 1. The waiver's effective period does not exceed one past school year

and/or the school year in which it is submitted.

2. The number of students to be served does not exceed 32 students.

3. The waiver does not result in the same education specialist having a caseload in excess of the statutory maximum for more than two school years.

2) Does not abrogate any federal legal right of the student; or SDUSD’s compliance with the IDEA. To meet this part, the following five requirements must be met:

A. There is documentation that:

1) The excess caseload results from extraordinary fiscal and/or programmatic conditions; and

2) The extraordinary conditions have been resolved or will be resolved by time the waiver expires;

B. The waiver stipulates that the specialist will have the assistance of an instructional aide at least five hours daily whenever the caseload exceeds the statutory maximum during the waiver's effective period;

C. The waiver confirms that the students served by an affected education specialist will receive all of the services called for in their IEPs;

D. The waiver was agreed to by the education specialist, and the bargaining unit, if any, to which the specialist belongs, who also participated in the waiver's development.

E. CDE agrees that the excess caseload can be reasonably managed by the education specialist regarding:

1) The specialist's student contact time and other assigned duties; and

2) The programmatic conditions faced by the education specialist, including, but not limited to, student age level, age span, and behavioral characteristics; number of curriculum levels taught at any one time or any given session; and intensity of student instructional needs.

c) Instructional Aide Assistance. At least 80% of the education specialists within the District are provided with an instructional aide.

d) Speech/Language. The average caseload for language, speech, and hearing specialists may not exceed 55 cases, unless the local plan specifies a higher average caseload and the reasons for the greater average caseload. Caseloads of full-time equivalent language, speech and hearing specialists providing instruction and services within the district may not exceed a district-wide average of 55 individuals unless prior written approval has been granted by CDE.

8. Out-of-State Schools a) Before contracting with a nonpublic, nonsectarian school or agency outside

of this state, the District must document its efforts to utilize public schools or to locate an appropriate nonpublic, nonsectarian school or agency program, or both, within the state.

b) If a student is placed outside of this state, the IEP team must submit a report to CDE within 15 days of the placement decision. The report must include information about the special education and related services provided by the out-of-state program placement, the costs of the special education and related services provided, and the efforts of the district to locate an appropriate public program within the state. In addition, the district indicates the anticipated date for the return of the student to a program located in California and document efforts during the previous placement year to return the student.

c) In addition, the out-of-state program must be certified or licensed by that state to provide special education and related services under IDEA.

9. Home/Hospitals, etc.

a) Special Education & Related Services. Special education and related services provided in the home or hospital for school age students is limited to

those who have been identified as having a disability in accordance with the procedures described in Chapter 3 and for whom an IEP team recommends such instruction or services.

b) Instruction. Instruction may be delivered individually, in small groups or by teleclass.

c) Medical Conditions. For those students with disabilities having a medical condition (e.g., related to surgery, accidents, short-term illness or medical treatment for a chronic illness), the IEP team reviews and revises, if appropriate, the IEP whenever there is a significant change in the student’s current medical condition.

d) Medical Report. When recommending placement for home instruction, the IEP team must have in the assessment information a medical report from the attending physician and surgeon or the report of the psychologist, as appropriate, 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 projected calendar date for return to school.

e) Teacher. Instruction in the home or hospital is provided by a general education teacher or an education specialist qualified to provide such instruction and services.

f) Contacting Previous Teacher. The teacher providing the home instruction contacts the student’s previous school and teacher to determine:

1) The course work to be covered;

2) The books and materials to be used;

3) Who is responsible for issuing grades and promoting the student when relevant;

4) For students in grades 7 to 12, the teacher confers with the school guidance counselor to determine:

i. 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;

ii. Who is responsible for issuing credits when the course work is completed; and

iii. Who will issue the diploma if the student is to graduate.

10. Preschool Programs.

a. Continuum of Settings. For students aged 3-5 years old, the IEP team specifies the setting in which the child will receive special education and related services. The settings are: 1) The regular public or private nonsectarian preschool program.

2) The child development center or family day care home.

3) The child's regular environment that may, at times, include the home.

4) A special site where preschool programs for both children with disabilities and children who are not disabled are located close to each other and have an opportunity to share resources and programming.

5) A special education preschool program with children who are not disabled attending and participating for all or part of the program.

6) A public school setting which provides an age-appropriate environment, materials, and services.

b. Opportunities for Parent Involvement. Early education programs for preschoolers with disabilities must include specially designed services to meet the unique needs of the children and their families. To meet this purpose, the program includes individual and small group services available in a variety of typical age-appropriate environments for young children, including the home, and shall include opportunities for active parent involvement.

c. Services. Individual and small group services include:

1) Observing and monitoring the child's behavior and development in his or her environment.

2) Presenting activities pursuant to the IEP that are developmentally appropriate for the child and specially designed, based on the child's exceptional needs, to enhance development. Those activities may not conflict with the child’s medical needs.

3) Interacting and consulting with family members, regular preschool teachers, and other service providers, as needed, to demonstrate developmentally appropriate activities necessary to implement the IEP and necessary to reinforce the expansion of skills in order to promote educational development. These interactions and consultations may include family involvement activities.

4) Assisting parents to seek and coordinate other services in their community that may be provided to their child by various agencies.

5) Providing opportunities for young children to participate in play and exploration activities, to develop self-esteem, and to develop preacademic skills.

6) Providing access to various developmentally appropriate equipment and specialized materials.

7) Providing related services that include parent counseling and training to help parents understand the special needs of their children and their children's development.

d. Duration of Group Services. The duration of group services do not exceed four hours per day unless determined otherwise by the IEP.

e. Adult-to-Child Ratios. Appropriate instructional adult-to-child ratios for group services are dependent on the needs of each student. However, because of the unique needs of preschoolers, the number of children per instructional adult shall be less than the school-aged ratios described above.

f. Speech/Language Ratios. The maximum caseload for a speech and language specialist providing services exclusively to preschoolers with disabilities cannot exceed 40.

g. Transition to Kindergarten. During the school year that the child turns five, the teacher and parent begin planning for the child's transition to kindergarten. With parental permission, assessment information is updated. An IEP meeting is convened, updated information is shared, and goals and objectives are developed. Kindergarten placement options are considered at this time and the appropriate service(s) and/or programs are identified.

L. English Learners

a. General. All English Learners in special education programs must receive an English Language Development (ELD) curriculum approved by the district. All academic IEP goals for English Learners must be linguistically/culturally appropriate. ELD standards are aligned with the California language arts content standards and should be used when writing goals for English Learners.

b. IEP Team. At least one of the District IEP team members must have a credential or certification to teach English. That person must indicate, next to their signature on the IEP, which credential or certification they possess (e.g., B-CLAD, CLAD, etc.)

c. Parent with Limited English Skills. If the parent has limited English skills, an interpreter must be present at the IEP meeting. The interpreter must sign the IEP; however, the interpreter is not a participating member of the team. The interpreter's role is only to interpret.

d. Present Levels of Performance. In addition to previously discussed information: 1) Identify the language proficiency assessment instrument(s) used and interpret

the results (CELDT, Spanish IPT or, for other languages, San Diego Observation Assessment Instrument, etc.);

2) Use the assessment results to indicate the student's instructional program (Biliteracy, Sheltered, Mainstream English Immersion, ELD, etc.) and language of instruction; and

3) Identify who will provide the ELD instruction.

e. Rubric for Goals/Objectives. The following rubric should be considered for each goal and objective to ensure that it meets the definition of being culturally and linguistically appropriate:

1) It states specifically in what language the particular goal and objective will be accomplished;

2) It is appropriate to the student’s level of linguistic development and proficiency in that language;

3) It is consistent with the known developmental structure of that language; and

4) It provides cultural relevance in the curricular framework.

f. Instructional Program Options. The following is a list of the instructional programs that are offered for students who are EL:

1) Biliteracy a) For Spanish speaking students at the beginning, early intermediate to

intermediate level.

b) Students are grouped for instruction in full classroom configuration. The focus is in developing proficiency in both English and Spanish. The instructional emphasis is on ELD and initial access to core curriculum. There is an increase of English as the language of instruction over time.

c) Classes must be taught by a teacher with a B-CLAD credential or equivalent certification.

2) Structured English Immersion with Spanish Instructional Support a) For Spanish speaking students at the beginning, early intermediate to

intermediate level.

b) Students are grouped for instruction in full classroom configuration. The focus is on developing proficiency in English through ELD and specially designed academic instruction in English (SDAIE), using Spanish as an instructional support.

c) Classes must be taught by a teacher with a B-CLAD credential or equivalent certification.

3) Structured English Immersion -- Sheltered a) For students at the beginning, early intermediate to intermediate level.

b) Classes may be comprised of speakers of many languages. Students are grouped for instruction in full classroom configuration. Students may also be grouped in clusters (about 1/3 English Learners) by English language proficiency. The focus is on developing proficiency in English through ELD and SDAIE strategies.

c) Classes must be taught by a teacher with a CLAD credential or equivalent certification.

4) Mainstream English Cluster a) For students in the early advanced to advanced proficiency level.

b) Classes are designed for students who have a good working knowledge of English. The students are clustered, approximately 1/3 English Learners within a grade level classroom. Instructional emphasis is on high level ELD and grade level core curriculum using SDAIE strategies.

c) Classes must be taught by a teacher with a CLAD credential or equivalent certification.

Parents elect a placement for their child in any one of the instructional programs, except for Mainstream English Cluster. The results of the parental election, along with the availability of bilingual staff and curriculum materials, determine whether the site offers the Biliteracy Program or the Structured English Immersion with Spanish Instructional Support Program for each grade level. All schools offer the Structured English Immersion Sheltered and the Mainstream English Cluster Programs.

M. Extended School Year (ESY) 1. General. ESY services are provided when a student with disabilities has unique

needs and requires special education and related services that extend beyond the regular academic year. These students have disabilities that are likely to continue indefinitely or for a prolonged period. Interruption of their educational programming may cause regression and when coupled with limited recoupment capacity render it impossible or unlikely that the student will attain the level of self-sufficiency and independence that would otherwise be expected in view of the disabling condition. The lack of clear evidence of such factors may not be used to deny ESY if the IEP team determines the need for such a program and includes ESY in the IEP.

The provision of ESY is not limited to particular categories of disability; or unilaterally limited to a type, amount, or duration of services.

2. Definitions a. Regression. The loss, as a result of a scheduled break in instruction, of one or

more mastered skills included in the short-term objectives of the student. b. Recoupment. Following a scheduled break in instruction, recoupment is the

process of regaining a previously mastered skill through review and re-teaching.

c. Recoupment Time. Length of time required to regain previously mastered skills.

3. ESY Survey for IEP Team Consideration. The IEP team determines whether documentation shows that without ESY services, one of the following occurs: a. Regression & Recoupment: The student is likely to lose critical life skills or

fail to recover those skills within a reasonable time (i.e., eight weeks); b. Degree of Progress toward Critical Life Skills. The student’s progress

toward IEP goals related to critical life skills will be limited in the subsequent school year;

c. Emerging Critical Life Skills or Breakthrough Opportunities. A lengthy school break will cause significant problems for the student in learning a critical life skill;

d. Interfering Behavior. The interruption of programming which addresses interfering behaviors, such as stereotypic, ritualistic, aggressive, or self-injurious behavior targeted by IEP objectives will be likely to prevent the student from receiving benefit from his/her educational program during the subsequent school year;

e. Nature and/or Severity of Disability. The nature and/or severity of the student’s disability prohibits the student from receiving benefit from his/her educational program during the subsequent school year;

f. Special Circumstances. There are special circumstances that interfere with the student’s ability to benefit from his/her educational program during the subsequent school year.

4. Critical Life Skill Goals. The IEP team documents critical life skill goals that will be addressed during ESY.

5. Services. The IEP documents services that will be provided during ESY, including start and end date, number of sessions per week, month or year, hours and minutes per session, and environment.

6. Time Period. ESY services must be provided for a minimum of 20 instructional days, including holidays. For reimbursement purposes: a. A maximum of 55 instructional days, excluding holidays, shall be allowed for

individuals in special classes or centers for students with severe disabilities; and

b. A maximum of 30 instructional days, excluding holidays, shall be allowed for all other eligible students.

7. Participation in Intensive Supplemental Instruction & ESY. Students may participate in intensive supplemental instruction (pursuant to Education Code 37252.2 – 37252.8) and ESY simultaneously if the need for supplemental instruction is documented in the student’s IEP. In this case, the IEP must reflect that the student needs to receive supplemental instruction in order to meet IEP standards-based goals and that special education and related services are necessary in order for the student to benefit from that instruction.

8. Additional Requirements a. ESY must be the same length of time as the school day for students of the

same age level attending summer school but not less than the minimum school day for that age unless otherwise specified in the IEP.

b. The special education and related services offered during ESY must be comparable in standards, scope, and quality to the special education program offered during the regular academic year.

c. If during the regular academic year, a student’s IEP specifies integration in the general education classroom, the district is not required to meet that component if regular summer school is not offered.

d. ESY does not apply to schools operating a continuous school program.

N. Transition Services.

1. Purpose of Transition Services & Support.

Transition services and support prepare students for employment and independent living; they are a coordinated set of activities that promote movement from school to post-school environments. These tailored activities consider each student’s preferences, potential, abilities, and interests. They include instruction, community integration, employment, and other post-school adult living objectives.

Transition services include appropriate, measurable post-secondary goals that are based on age-appropriate transition assessments. Any area addressed is based on the student's needs, taking into account the student's strengths, preferences, and interests.

2. Age to Initiate Transition Services. The IEP team considers transition services beginning no later than the first IEP to be in effect when the student turns 16 (or younger as determined by the team), and they are updated annually. The team may address transition services prior to age 16 years so they are in place by this

age and another IEP meeting does not have to be held to address the issue. In addition, the team may address transition services at an earlier date if the team has determined that transition assessments, goals, supports, or services should be addressed

3. Special Education Services. Transition services may be considered to be a special education service, if provided as specially designed instruction, or a related service if required to assist a student to benefit from special education.

4. Definition of Transition Services. A coordinated set of activities (special education or related services) for a student with a disability that is:

a. Results-oriented. Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement to facilitate movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation;

b. Based on Student Needs. Is based on the individual student’s needs, taking into account strengths, preferences, and interests; and includes, but is not limited to:

1. Instruction; 2. Related services; 3. Community experiences; 4. The development of employment and other post-school adult living

objectives; and 5. Acquisition of daily living skills and provision of a functional

vocational assessment, if appropriate.

5. Transition Principles a. Collaborate with students/families to consider goals for life after high school

and develop a long-range plan to get there; and

b. Prepare for a high school experience that will enable the student to gain the skills and competencies needed to achieve his/her desired post-school goals.

6. Transition Plan. The Plan includes:

a. Postsecondary Goals. Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to: employment, residential, education/training, financial/economic, and independent living.

b. Description of Services. The transition services (including courses of study) needed to assist the student in reaching those goals.

c. Consideration of Graduation. As part of transition planning, the IEP team determines the student’s projected graduation status. All students, including those receiving the majority of instruction in special classes are considered to be diploma-bound, unless determined otherwise by the IEP team.

7. Failure to Meet Transition Objectives.

a. Participating Agency Failure. If a participating agency, other than the SDUSD, fails to provide the IEP-described transition services, the case

manager must reconvene the IEP team to identify alternative strategies to meet the transition objectives for the student set out in the IEP.

b. Does Not Relieve Obligation. Nothing in this part relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to children with disabilities who meet the eligibility criteria of that agency.

8. Transition Planning Guidelines. For additional information, see the Transition Planning Guidelines Manual.

O. Graduation and Alternatives 1. Standard Diploma. Students with disabilities must have the opportunity to earn

an SDUSD standard diploma when the student completes the prescribed course of study and pass the proficiency requirements. To graduate from high school with a diploma, students must:

a. General Requirements. Meet general requirements with a weighted grade-point average of 2.0 or higher with eight semesters in grades 9-12 for six periods daily or equivalent.

b. Senior Exhibition. Present a senior exhibition; and

c. Pass CAHSEE. Pass the California High School Exit Examination (CAHSEE), effective beginning with the class of 2006. Students with disabilities may use accommodations or modifications while taking the CAHSEE if they are on the student’s IEP. Students who achieve a score within the passing range using modifications have a notation on their test score that modifications were used and require a waiver approved by the District.

Note: For most students with disabilities, the decision to declare them as “non-diploma bound” should be delayed until grade 10. IEP teams are encouraged to find ways to improve meaningful access to the general education curriculum for students with disabilities through the use of appropriate special education supports, aids, and services required by IDEA. Once students are labeled as “non-diploma bound,” occasionally as early as kindergarten, expectations are often lowered and students generally receive a significantly reduced curriculum. Therefore, the District strongly encourages IEP teams to delay the declaration of students as “non-diploma bound” until the tenth (10th) grade.

2. Letter of Recognition. The District may award a student with disabilities a letter of recognition of educational achievement or completion if the student:

a. Satisfactorily completed a prescribed alternative course of study approved by the SDUSD.

b. Met his/her IEP goals and objectives during high school as determined by the IEP team.

c. Satisfactorily attended high school, participated in the instruction as prescribed in his/her IEP, and met the objectives of the statement of transition services.

Graduation Ceremony. A student who meets the criteria for a letter of recognition may participate in any graduation ceremony and any school activity

related to graduation in which a student of similar age without disabilities would be eligible to participate. The right to participate in graduation ceremonies does not equate a letter of recognition to a regular high school diploma

P. Transportation Guidelines. Transportation is required if it is necessary for a student to access special instruction and/or services as determined by their IEP.

1. Students Attending Resident School. Generally, students with disabilities who attend their resident school rarely qualify for transportation services unless the student is medically fragile, technology dependent, or uses a wheelchair. In those cases, the case manager contacts the site designated transportation scheduler for consultation and possible attendance at an IEP meeting. Transportation arrangements are made based on the IEP determination of specialized transportation services.

2. Transportation Required for a Student to Access Services Not Located at Resident School.

3. LRE Applies. The team considers the least restrictive form of transportation. The Transportation Survey and the Transportation Related IEP (F12) must be considered in determining the appropriate level of service when a student requires transportation as a related service.

a. Transportation Services Deviating from Standard Services. Transportation staff must be invited to participate in IEP meetings whenever the team begins to discuss transportation services that deviate from the district’s standard transportation guidelines. Transportation staff participation may be accomplished through personal attendance or by a conference call.

4. Information for Parent. At every IEP meeting, the flyer entitled Information for Children Receiving Special Education Transportation Services should be given to the parent/guardian.

Q. Compensatory Education

1. General. All students are entitled to receive services exactly as indicated on the IEP. On the rare occasion when services cannot be provided (e.g., the service provider is ill), the services must be provided to the student at another time. The service provider’s log must indicate when these make-up services were completed. On occasion, parents may ask for compensatory services in exchange for missed service hours or IEP procedural errors.

2. Make-up Services. When IEP services are not provided, they must be “made up.” Generally, there is no need to document make-up services. If they were missed for an extended period of time (i.e., more than a few sessions that can easily be made up), the case manager writes a letter to the parent describing the process for making up the services. Services missed because of student absences are not required to be made up.

3. Compensatory Services. Compensatory services may be provided voluntarily by the District or as a result of an order by a hearing officer or court. If a student has missed a sufficient amount of services because of District staff unavailability, the case manager should consult with the Program Manager or Compliance Officer to discuss the appropriateness of compensatory services. The IEP team can agree upon compensatory services where they determine it is necessary to provide FAPE.

Note: Compensatory services do not necessarily involve day-for-day or session-for-session replacement for missed services.

R. Referrals to Outside Agencies. There are many agencies outside of SDUSD that may provide services to students with disabilities. Refer to the Agency Information Chart for some of these agencies, including their eligibility criteria and contact information. Through the IEP process, district staff may make referrals to these agencies as appropriate. Referrals are documented on the Team Action Page of the IEP.

S. Consideration of School Attendance. 1. School Attendance Review Board (SARB). School attendance is mandatory for

students between the ages of 6 through 18. The District’s SARB assists school sites with students who have persistent attendance problems by diverting students with school attendance from the Juvenile Justice System through guidance and coordinated community services to meet their special needs. SARB addresses chronic attendance and truancy problems and offers the student a last chance to improve his/her attendance before referring the student to juvenile court (see the SARB/SST Flow Chart).

2. Excessive Truancy. A student may be referred to the SARB on the seventh (7th) day of truancy or unexcused absences, which may be nonconsecutive days. On the sixth (6th) day, the school counselor holds a parent conference. The special education case manager should be involved in this meeting.

3. IEP Team Interventions Prior to SARB Referral. For students receiving special education services, an IEP team must ensure that all attendance issues have been addressed and all options have been exhausted before referring a student to SARB. For example, the IEP team ensures that the current IEP appropriately addresses the student's needs, goals and services and includes services to improve the student's attendance. The school counseling program and site administration should be involved in this effort. The IEP team must determine if attendance is a manifestation of the student’s disability and document this determination on the Team Action Page. A referral to the SARB is not appropriate for students when attendance is such a manifestation.

4. Interventions. Options for dealing with the student's attendance, prior to a SARB referral, may include the following:

a. Parent conference;

b. Behavior plan to address attendance;

c. Mental health (AB 2726) referral to address emotional issues which may be interfering with attendance;

d. Home visits by the student's case manager and, as appropriate, a school police officer;

e. Referral to agencies in the community, etc.

5. Parent Conference. The county juvenile court requires one person-to-person conference with a parent where attendance and the SARB are discussed, and a plan for attendance is put in place. This requirement can be met in the following ways:

a. IEP team meeting;

b. SART (Site Attendance Review Team) meeting;

c. Home visits; or

d. Meeting with school counselor.

8. Referral to SARB. If the IEP team determines that a referral to the SARB is appropriate, the case manager provides the following documentation along with the referral packet: current IEP (including BIP/BSP); a listing of any referrals to community agencies; logs of parent and student conferences; academic update; pertinent behavioral, medical, or social information, etc.

7. Cases Inappropriate for County Juvenile Court. The county juvenile court will not hear cases of students who are absent because of mental health issues or who are older than 17.6 years of age; however, the SARB panel can still meet and attempt to resolve the issues.

VII. Follow-Up to IEP Meeting & Amending IEP A. IEP Meeting to Be Reconvened. The IEP team:

1. Discusses and identifies on the Team Action Page any actions necessary prior to the next meeting;

2. Schedules with parent(s) the date(s) of the next IEP meeting and/or team conferences and sends written notice to parent(s); and

3. Identifies strategies for ongoing communication among participants.

B. IEP Completed

4. Procedural Safeguards Notice a. The case manager must provide parents with the Procedural Safeguards

Notice:

1) At each annual review meeting;

2) Upon initial referral or parent request for assessment;

3) Upon receipt of the first State complaint and upon receipt of the first due process complaint in a school year; and

4) On the date the decision is made that a student’s suspension constitutes a change in placement (i.e., more than 5 consecutive school days; more than 15 total school days; or series of suspensions constitutes a pattern of suspension – see Chapter 5, Section I.B.); and

5) Upon request by a parent.

2. Prior Written Notice of Proposed or Refused Action (Prior Written Notice). At the conclusion of the IEP meeting, the case manager gives the Prior Written Notice to the parent. This notice reflects the type of decisions made, whether actions are proposed or rejected, and the basis for the decisions.

3. Implementing IEP Services. The IEP must be implemented upon completion of the IEP or as soon as possible following the meeting.

4. Initiating & Continuing Special Education Services. Parents must provide consent prior to the implementation of initial or continuing special education services to the student. The SDUSD may not provide special education and related services to the student until the parent is invited to participate in the IEP

meeting and signs the consent (see Sample Letter for Disagreement with Initial IEP).

5. Distributing the IEP to Parents and Staff a. Parents. The case manager gives a copy of the IEP to the parents at no cost

(parents should receive a copy of the IEP even if there is only agreement on some IEP components).

1) Translation of IEP. The IEP must be provided in the primary language at the request of the parent.

2) Accessing Translation Services. If a parent requests translation of the IEP, send the Request for Translation Services form, along with the IEP and assessments, as appropriate, to the Translation Department. Upon request, special education documents, letters and tests, can also be translated.

b. Staff. The case manager gives a copy of the IEP to the parents, general education teacher(s), education specialist(s), and other persons (including individuals from outside agencies) who provide special education and/or related services.

c. Access to IEP. By distributing the IEP in this manner, the SDUSD ensures that such individuals –

1) Have access to the student’s IEP;

2) Shall be knowledgeable of the IEP content;

3) Have knowledge of his/her specific responsibilities related to implementing the child’s IEP; and

4) The specific accommodations, modifications, and supports that must be provided for the student in accordance with the IEP.

d. Other Mode of Communication. For parents who are deaf or blind or who have no written language skills, the mode of communication must be the one normally used by the parent (such as sign language, braille or oral communication). In addition, the case manager may consider providing the information orally on tape.

e. Maintaining Copy of IEP. A copy of each IEP must be maintained at the school site where the student is enrolled.

6. Amending the IEP

a. Agree Not To Convene IEP Team. In making changes to a child’s IEP after the annual IEP team meeting for a school year, the parent and the case manager may agree not to convene an IEP team meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the child’s current IEP (see Agreement to Amend an IEP without Convening an IEP Team Meeting form). Copies of the Amended IEP must be distributed to all general and special educators who work with the student.

1) Not Significant Change. IEPs can be amended when there is a change to the content of the existing IEP that is not considered a significant change. Listed below is a non-exhaustive list of issues that may be amended without an IEP team meeting:

a) Increase or decrease number and/or hours and minutes of sessions student receives from related service provider such as speech/language, occupational therapy, adapted physical education, etc;

b) Increase or decrease number and/or hours and minutes of sessions that student receives in special education program;

c) Change in annual IEP goal and/or short-term objectives;

d) Change supports for instruction;

e) Change program modifications or supports for (general ed.) school personnel;

f) Change in participation in state/district wide assessments; etc.

2) Significant Changes that Require IEP Team Meeting a) Develop an initial, annual, or triennial IEP;

b) Review a 30-day interim placement;

c) Review assessment or reassessment results;

d) Add or terminate related service;

e) Change primary service (e.g., from general education to special education support; nonpublic school support; etc.);

f) Dismiss a student from special education;

g) Conduct a manifestation determination review; etc.

b) In Writing & Signed. The agreement to amend the IEP without a meeting must be written and signed by the parent and the case manager prior to or on the date of the IEP amendment.

c) Distributing Amendment. If changes are made to the IEP in accordance with the above, the case manager must ensure that the IEP team is informed of those changes.

d) Amendment Changes Entire IEP. If an IEP is substantially rewritten, the date of that meeting becomes the anniversary date for the next annual review meeting. In this case, the parent and the SDUSD will not amend the IEP without all required participants meeting.

C. Documentation of Need for Services. Every service provider (e.g., general educator, education specialist, related services and support personnel) working with a student receiving special education services must be knowledgeable about the IEP requirements and prepared to provide IEP required services. To ensure that services are implemented immediately at the beginning of each school year, staff must review each relevant IEP and be prepared for implementation from the first day of school. To ensure compliance with this requirement, the following procedures must be followed:

1. General

a. Read IEPs. All service providers must read their respective caseload IEPs and understand their service responsibilities.

b. Signature Log for IEP Teacher/Service Provider form must be completed by all case managers prior to the first day of school and reviewed/signed by the site administrator to verify that all staff members are aware of the IEP and corresponding responsibilities.

c. Maintenance of Forms. Forms must be maintained in the student’s special education container and by the site administrator.

2. New Log. A new form must be completed whenever the following occurs:

a. A new IEP is developed at the beginning of each school year;

b. Prior to the first day of school; and

c. Whenever a new teacher of service provider is assigned to the student.

VIII. Student Withdrawal from School A. General. If a student with disabilities withdraws from SDUSD and continues to

reside in the district’s boundaries, the district is responsible for the offer of FAPE. Regardless of whether or where the student is attending school, the district must continue to develop annual IEPs and offer triennial assessments until the student no longer qualifies for special education services or the family moves from the district. Note: This provision does not apply if a parent revokes consent for special education services (see Chapter 7 for more information about revocation of consent).

B. Withdrawal Related to Disagreement with Services. If the student’s withdrawal is related to a disagreement with the student’s IEP services, the case manager should immediately set up an IEP meeting. If the student is not attending school and the reason for nonattendance is unknown, the case manager should consult with school staff, including IEP team members, and make contact with the family to determine the reason for nonattendance and schedule/hold the IEP meeting. If nonattendance is related to the disability, the team should discuss the parent’s issues and amend the IEP as appropriate.

C. Unilaterally Placed Students in Nonpublic School and FAPE is Issue

a. General. If the parent of a student previously receiving special education services notifies the school that the student is being placed in a private school, the case manager should seek information to determine whether the parent will or will not seek reimbursement for the services (see Sections XIII and XII below). In addition, the case manager should convene an IEP meeting to ensure that any parental concerns are addressed regarding the District’s offer of FAPE and that these concerns are addressed appropriately in the IEP. If the parents do not wish or fail to attend the meeting, staff should discuss whether the parents expressed concerns about the student’s IEP or program and address them, as appropriate, in the IEP.

b. Prior Written Notice to Parents. Upon completion of the meeting, the case manager sends a letter to the parents notifying them of the IEP and the district’s offer of FAPE, along with the IEP and Notice of Procedural Safeguards. The case manager also sends a copy of these documents to the Special Education Due Process Office.

IX. Students Transferring into the School District with IEPs A. Transfer within CA. If a student with a disability who had an IEP in effect in CA

enrolls in the SDUSD, the case manager, in consultation with the parents must provide FAPE to the student, which includes services comparable to those described in the student’s current IEP until the case manager/SDUSD representative or designee either –

1. Adopt IEP. Adopts the students IEP; or

2. New IEP. Develops, and implements a new IEP that meets the applicable requirements in this chapter.

B. Transfer from Another State. If a student with disabilities having an IEP from another State enrolls in the SDUSD, the case manager must provide the student FAPE, including services comparable to those described in the current IEP

1. Difference of Opinion. If there is a dispute between the parent and the case manager/SDUSD representative, or designee regarding what constitutes comparable services, the dispute could be resolved by the parent by requesting an informal meeting, pre-hearing conference, mediation, or due process hearing.

2. Pendency of Comparable Services. The comparable services remain in effect until –

a. Complete Assessment. An assessment is completed (if determined to be necessary by the team); and

Note: The assessment would be to determine if the student has a disability and to determine his/her educational needs. Therefore, the assessment would not be a reassessment, but would be an initial assessment.

b. IEP. An IEP is developed, adopted and implemented, if appropriate, and parental consent must be received for this initial placement.

C. Transmittal of Records. To facilitate the transition for a transferring student –

1. Obtain Records. The case manager must take reasonable steps to promptly obtain the parent’s consent for and request the student’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services from the previous school district in which the student was enrolled; and

2. Provide Records. Where an SDUSD student enrolls in another school district, the case manager must take reasonable steps to promptly respond to the request for records from the new school district.

X. Students Enrolled in Private School by their Parents A. General Rule. The SDUSD must locate, identify, and assess all students suspected of

having a disability who are enrolled by their parents in private, including religious, elementary schools, and secondary schools located in SDUSD’s boundaries. The assessment process follows the procedures described in Chapter 3. The District, along with the San Diego County Office of Education (SDCOE), annually notifies the general public and private school providers through District and SDCOE publications and in community newspapers about available services. The PPPSS Student Enrollment Form is used to document the enrollment of these students.

Note: The student’s school of residence is responsible for addressing initial special education referrals, and District staff should contact the PPPSS Office for referrals of students who reside outside of the SDUSD’s boundaries.

B. Student is Eligible for Special Education Services. If a determination is made by the school district where the private school is located that a student needs special education and related services, the district where the child resides is responsible for offering FAPE.

C. Parents Declines FAPE. If the parent makes clear his/her intention to keep the student enrolled in the private school, the district is not required to make FAPE available to the student. The district where the private school is located should offer a Services Plan (ISP) for students enrolled at nonprofit schools.

D. IDEA Proportionate Cost Services 1. No FAPE Entitlement. Parentally-placed private school students with a disability do

not have an individual right to receive the special education and related services (s)he would receive if enrolled in a public school.

2. Cost of Services. The District is required to expend IDEA funds in proportion to the percentage of parentally-placed private school students with disabilities compared to all students who need special education services in the District.

3. Menu of Services. SDUSD, in consultation with private school officials, and representatives of parents of parentally-placed private school children with disabilities, determine how, where, and by whom special education and related services will be provided for parentally-placed private school students with disabilities enrolled in nonprofit schools, including:

a. The types of services, including direct and alternate service delivery mechanisms; and

b. How special education and related services will be apportioned if funds are insufficient to serve all parentally-placed private school children; and

c. How and when those decisions will be made.

4. SDUSD Services. a. District Services. SDUSD special education services for students parentally

placed in a private school setting consist of the following:

1) Child Find

2) Identification and assessment

3) Initial assessment

4) Development of the initial IEP (for students residing within the District boundaries)

5) Development of an ISP if the child remains in a non-profit private school

6) Annual notification to review student progress and the continued availability of special education services.

7) Reassessment at least every three years.

8) Information, resources, interventions, and instructional supports related to the child's disability

9) Professional development opportunities for private school teachers and administrators

10) Parent training opportunities

11) Written Notice of Procedural Safeguards

b. Consultation Services. Teachers and/or parents of students receive consultation services twice a year. Consultation services are provided in a variety of ways and include recommendations of appropriate interventions and resources that support teaching and learning. Consultation is available for all disability areas.

E. Special Education Individualized Services Plans (SEISP) 1. Procedure. The IEP participants described above in this chapter meet to develop

the student’s Services Plan for each private school student. In addition, PPPSS staff must ensure that a representative of the religious or other private school is invited to attend each meeting. If the representative cannot attend, the District uses other methods to ensure participation by the religious or other private school, including individual or conference telephone calls and written input. To the extent appropriate, the Services Plan must meet the requirements of this chapter.

2. Due Process Hearings Are Not Applicable. Parents of the students described in this section are not entitled to receive a due process hearing to challenge the contents of a Services Plan.

3. Complaints. Parents may file a complaint with CDE regarding SDUSD’s failure to meet child find, assessment, or consultation requirements. The complaint must be filed with the school district in which the private school is located and a copy must be forwarded to CDE (see Chapter 6 for additional complaint procedures).

F. Annual Review. The PPPSS Program Office invites parents to review the Services Plan on an annual basis. A representative of the private school is invited to participate if a meeting is requested. Students eligible for special education services are evaluated every three years to determine the continued existence of a disability and the need for special education and related services.

G. Students Transferring from Public to Private School. If a student with an SDUSD IEP enrolls in a private school, the last school of attendance convenes the IEP team meeting and develops a Services Plan. Upon completion of the Services Plan, the special education container and related records are sent to the PPPSS Program Office for case management. The case manager documents his/her efforts to determine the student’s whereabouts if the student leaves the District and the last school of attendance is unable to determine where the student has enrolled. If a student enrolls in a private school located outside the District, contact the PPPSS Office so that the

district in which the new school is located, can be notified of their case management responsibility.

H. Students Transferring from Private to Public School. A private school student with a disability, who enrolls in a public school within SDUSD, receives special education and related services as specified on the Services Plan or the most recent IEP, if one is available. The case manager convenes an IEP meeting within 30 days of notice that the student is eligible to receive special education services to review and develop a new IEP that reflects the requirements in this chapter. The special education container and related records are available by contacting the PPPSS Program Office.

I. Application of Section 504/ADA. Students with disabilities who are eligible for services only under Section 504/ADA because they need related and supplementary aids and services (i.e., not special education services) are not entitled to services offered by the District if they are placed by their parents in a private school, as long as SDUSD offered a student residing in the District’s boundaries with a free appropriate public education. Private schools that receive support from federal funding sources (e.g., Title I) are responsible for the development of 504 plans if needed.

XI. PLACEMENT OF CHILDREN BY PARENTS WHEN FAPE IS AT ISSUE A. If SDUSD Made FAPE Available. The District is not responsible for the cost of

education, including special education and related services, of a student with a disability at a private school if the District made FAPE available but the parents chose to place their child elsewhere. In this case, the District may provide some services to the child, consistent with the information under Section X, above.

B. Parents Seeking Reimbursement. If the student previously received special education and related services through SDUSD and the parents enroll the student in a private school without the consent of or referral by the District, a hearing officer/court may require the District to reimburse the parents for the enrollment cost if it is found that FAPE was not made available in a timely manner prior to that enrollment and that the private placement is appropriate. The parents, however, must follow the rules below:

Note: A parental placement may be found to be appropriate by a hearing officer/court even if it does not meet applicable State standards.

1. Notice to District. a. At the most recent IEP meeting parents attend before removing their child from

the District, the parents must inform the IEP team that they are rejecting the District’s proposed services, including a statement of concern(s) and their intent to enroll their child in a private school at public expense; or

b. At least 10 business days (including any holidays occurring on a business day) before removing their child, the parents must give written notice to the principal detailing the information described above. The principal must forward the notice immediately to the Due Process Office for follow up action.

2. Outstanding Assessment. If prior to the child’s removal from school, the District developed an Assessment Plan, the parents must make their child available for the assessment.

3. District Observation of Student. If a parent unilaterally places a child in a nonpublic school and request that it be publicly financed, the District must be given the opportunity to observe the proposed placement and the student in the proposed placement. SDUSD may not observe or assess any other student at the nonpublic school without permission from the other student’s parent.

4. Limitation on Reimbursement. The cost of reimbursement may be reduced or denied if:

a. At the most recent IEP meeting parents attended before removing their child from the District, the parents did not inform the IEP team of their: rejection of the proposed services; concerns; and intent to enroll the child in a private school at public expense;

b. At least 10 business days (including any holidays occurring on a business day) before removing their child, the parents did not give written notice to the principal of the information described above;

c. If prior to the student’s removal, the District informed the parents of its intent to evaluate the child (including a statement of the purpose of the assessment that was appropriate and reasonable) but the parents did not make the child available for the assessment; or

d. A hearing officer/judge finds the parents’ actions were unreasonable.

4. Special Circumstances Regarding Reimbursement. Notwithstanding the above, a hearing officer/judge may not reduce or deny reimbursement for failure to provide the above notice if:

a. The parent is illiterate and cannot write in English;

b. Compliance with the above notice requirements would likely result in physical or serious emotional harm to the child;

c. The school prevented the parent from providing the notice; or

d. The parents had not received notice of this requirement through the Procedural Safeguards Notice form.

XII. Juvenile Court and Community Schools (JCCS) A. General. The San Diego County Office of Education is responsible for the

educational program for students in the Juvenile Justice System. The program serves students, including those with disabilities, attending school while detained in juvenile facilities or on formal or informal probation, and under the jurisdiction of the Health and Human Services Agency. The JCCS special education programs are provided in compliance with all IDEA mandated requirements. Services are provided year round and students may enter and exit the program at any time during the year. Special education and related services are provided to JCCS students in juvenile court ordered programs, community school sites, and licensed children’s institution programs.

B. Management. The Placement and Appeal Office monitors lists from JCCS and notifies sites of the status of a students’ release date. The school keeps the student on its roster for 30 days. If the student is still in the Juvenile Justice System after the 30 day period, the school drops the student from the roster. The students’ names are

placed on a separate cost center for monitoring purposes when they are incarcerated more than 30 days.

C. Reentry into District if less than 30 Days in the Juvenile Justice System. If the student is released from county court schools within 30 days of entering the Juvenile Justice System, the student returns to his/her last school of attendance, unless another decision is made by an IEP team or through the District’s Placement and Appeal Office. It is the case manager’s responsibility to ensure that:

1. The student is reenrolled in school (the student must not be sent home);

2. The student’s most current IEP is implemented; and

3. An IEP review is held if IEP changes are necessary to meet the needs of the student.

D. Reentry into the District after 30 Days or More in the Juvenile Justice System. If the student is released from county court schools after 30 days of entering the Juvenile Justice System, the Placement and Appeals Office works in conjunction with the Special Education Division’s JCCS liaison to determine an appropriate placement for the student.

Chapter 5: Discipline

I. Overview of Procedural Safeguards A. Legal Protection. All children with disabilities between the ages of birth through 21 are

entitled to receive FAPE -- this includes children with disabilities who have been suspended or expelled from school. Students with disabilities have extra legal protections when a student’s disciplinary removal from school constitutes a change in placement.

When a principal/designee imposes a suspension or expulsion for a student who violates the District’s Student Discipline Policies, (s)he must consider whether the student:

• Has an IDEA or Section 504 disability; or

• Is a student who is “thought to have a disability (see Section IV below).

While all students may be disciplined, the placement of a student with disabilities cannot be “changed” when the disciplinary offense is directly related to his/her disability, except in the case of emergency circumstances (drugs, weapons, significant bodily injury (see Section II below).

B. Determining Change in Placement. Change in placement is a legal term that applies to the following situations:

1. More than 10 Consecutive or 20 Total School Days. A suspension for more than 10 consecutive or 20 total school days in a school year is considered to be a change in placement.1 The sections below provide more information about what constitutes a day of suspension under this provision.

a. In-school Suspension. An in-school suspension will not be considered to be a suspension for the above purposes as long as a student is given the opportunity to continue to: appropriately participate in the general curriculum; receive IEP specified services; and participate with nondisabled children to the extent specified in the IEP. Any in-school suspension (full or partial) that does not meet this standard must be considered to be a suspension for purposes of these procedures.

b. Suspension/Removal for Portion of School Day. If a student is sent home early from school because of misconduct, the early dismissal must be counted as a full or half-day of suspension (depending on the amount of time the student was suspended) unless the student’s BIP specifically calls for the student to receive a shortened school day when certain behaviors are exhibited.

c. Bus Suspension

1) Bus Transportation Is IEP Service. When transportation is an IEP service, a student’s removal from the bus is considered to be a suspension unless transportation is provided by the SDUSD in another manner. In this case, transportation has been determined to be necessary for the student to access educational services.

2) Bus Transportation Is Not IEP Service. When transportation is not an IEP service, the student’s removal from the bus is NOT considered to be a suspension. In this case the student/parent has the same obligations for the

1 In-school suspension and suspension from the bus may constitute a suspension to the extent they impact implementation of a student’s IEP. (See Bus Suspension below for more information on this topic.)

student to get to and from school as any nondisabled peers suspended from the bus. However, school officials should consider whether the bus behavior is similar to classroom behavior that IS addressed in an IEP and whether the bus behavior should be addressed in the IEP or through a BIP.

2. Pattern of Suspensions.

a. Five Cumulative School Days of Suspension. Once a student’s cumulative suspension totals five school days, it is recommended that the IEP team conducts a manifestation determination review to determine if any changes to the IEP are needed and/or if a BSP/BIP needs to be revised or developed. Another IEP meeting must be held if the student continues to be suspended and reaches 10 cumulative school days of suspension for the school year.

b. Determining Pattern. The case manager in consultation with others evaluates whether any days of suspension beyond 10 cumulative or total school days constitute a pattern of suspensions tantamount to a change in placement (cap of 20 days per year). A pattern occurs when a student is suspended for behavior that is “substantially similar” to behavior for which (s)he was previously suspended. Factors may include the same type of behavior, same victim, same class, and same day of the week or same time of day.

1. Not Change in Placement. If the suspensions do not exceed 10 consecutive or 20 total school days and do not constitute a pattern of suspensions, then there is no change in placement and the student may be subject to the same consequence the school applies to all students who violate SDUSD’s Student Discipline Policies. By the 11th school day of total suspensions, however, the case manager must follow the procedures described below in Section E to ensure that the student continues to receive appropriate educational services.

2. Change in Placement. Suspensions that exceed 10 consecutive or 20 total school days or exhibit a pattern of suspensions constitute a change in placement. In these circumstances, on the date a decision is made to remove a student, the case manager must notify the parents of that decision, provide the parents with a Procedural Safeguards Notice and follow the procedures below regarding manifestation determination and continuation of educational services.

Monitoring Suspensions

Principals must have procedures in place to monitor, cumulatively total all suspensions for students with disabilities, and analyze the pattern of suspensions to determine if they constitute a change in placement.

Factors for Determining Pattern of Suspensions & Change in Placement

a. Substantially similar behavior. Is the student’s behavior substantially similar to the behavior for which the student has previously been suspended? (Factors may include the same type of behavior, same victim, same class, same day of the week or same time of day, etc.) If the answer is yes, continue with the following analysis:

b. Other pattern considerations. Consider such factors as:

1. Length of each suspension (e.g., 1 day, 4 days, etc). 2. Total cumulative days of suspensions (e.g., 11 days, 20 days, etc). 3. Proximity of (time between) suspensions (e.g., 1 week apart, 2 months

apart, etc).

A pattern is more likely to exist when the facts in each factor is more extreme (e.g., longer suspension lengths, more cumulative days of suspension and fewer days between each suspension). Also, consider whether the suspensions are: from the same class on a regular basis; on the same day of the week; at the same time of day; for the same activity; involving same staff or other students.

c. Consistent decision-making. Determining whether a pattern exists is very subjective. Thus, school staff should consult with Special Services staff when considering this issue to ensure that the factors are considered appropriately and consistently across the district.

The process for considering whether a series of suspensions constitutes a change in placement can be very judgmental. To facilitate this process, school officials should document their consideration using the Determining Pattern of Suspensions form.

C. Determining Manifestation Determination & Services for Student. Within 10 school

days of any decision resulting in a change of placement, the IEP team, including the school psychologist, must meet and document its process on the Manifestation Determination form. The team uses the following process to determine whether the student’s behavior is a manifestation of his/her disability.

1. Document the Student’s Disability

2. Review Relevant Information. Documentation should include a review of all relevant information in the student’s education container, including the IEP. If the IEP was not implemented, the team should document why it was not implemented and whether the failure to implement impacted the student's behavior.

3. Observe Behavior. Documentation should also include a review of staff observations regarding the student's behavior. This should include an analysis of the student’s behavior across settings and times throughout the school day.

4. Gather Information from Parents. Review any relevant information provided by the parents.

5. Ask Two Questions to Determine Manifestation. Based on the above information, the IEP team answers the questions in “a” and “b” below.

a. Relationship of Behavior to Misconduct. Was the conduct caused by or is directly and substantially related to the student’s disability? Consider if the behavior has been consistent and/or has an attenuated association with the disability:

1) Consistent Behavior. Behavior that has been consistent across settings and across time may meet this standard.

2) Attenuated Association. Behavior that is not an attenuated association, such as low self-esteem, to the disability would not have a direct and substantial relationship to the student’s disability.

b. IEP Implementation. Was the conduct a direct result of the school’s failure to follow the student’s IEP? If so, the principal must ensure that immediate steps are taken so that the identified deficiencies are remedied.

D. Behavior Is Manifestation of Disability. If the IEP team answers yes to the questions in either “a” or “b” above, then the student’s behavior is a manifestation of his/her disability. In this case:

1. Return to Placement. Unless the parent and SDUSD agree to a change of placement as part of a modification of the BSP/BIP, the SDUSD must return the student to the placement from which (s)he was removed. Note: This provision does not apply to students involved with weapons, drugs or serious bodily injury (see Section II).

2. FAA & BIP. The IEP team must conduct or review a FAA and develop a BIP to address ways that the school can help the student with the conduct at issue. If the student already has a BIP, the team must review and modify it as appropriate. Note: If a new FAA is required to assess a student’s behavior, parental consent is required.

E. Behavior is NOT Manifestation of Disability

1. General Rule. If the team agrees that the student’s conduct was not a manifestation of his/her disability, then the student may be subject to the same consequences as all students.2 However, during the period of expulsion or transfer to an Interim Alternative Educational Setting (IAES), the student must continue to receive special education services prescribed by the IEP and the team must create or revise a BIP to address the offending conduct. (See Section F below.)

2. Case-by-Case Determination. School personnel may consider any unique circumstances on a case-by-case basis when determining if a change in placement has occurred for a student with a disability who violates a code of student conduct.

F. Services Required by the 11th Day of Suspension during School Year

2 If a parent disagrees with the team’s decision that the behavior was not a manifestation of the student’s disability or with the interim alternative educational services or location, the parent may request an expedited due process hearing to challenge this finding. If the Hearing Officer agrees with the parent, the student will remain in the school where the offense was committed unless the parent and the school agree otherwise.

1. Type of Services. A student with a disability who is removed from his or her current placement must receive the following services beginning on the 11th day of cumulative suspensions during the school year:

a. Continue to Receive Educational Services (i.e., FAPE), so as to enable the student to continue to participate in the general education curriculum, although in another setting (e.g., an interim alternative educational setting -- IAES), and to progress toward meeting the goals established in the student’s IEP; and

b. FAA/BIP. Receive, as appropriate, an FAA and/or BIP services and modifications, which are designed to address the conduct violation so that it does not recur.

2. Process for Determining Services

a. Removal is NOT a Change in Placement. In this case, school personnel, in consultation with at least one of the student’s teachers, determine the extent to which services described in Section 1 above are needed.

b. Removal IS a Change in Placement. In this case, the IEP team determines appropriate services described in Section 1 above.

G. Student Transferring Into SDUSD with IAES. When a student has an IAES placement from a prior school district transfers to the District, the student remains in an SDUSD IAES for the number of days remaining to be served. Students who transfer from another district also serve out any disciplinary removal based on behavior not manifested by his/her disability.

II. Weapons, Drugs or Serious Injury: Emergency Procedures A. Criteria. Students who commit offenses relating to the three circumstances below may

be immediately removed for no more than 45 school days regardless of whether the offense may have been a manifestation of the student’s disability.

1. Weapons. Student carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the SDUSD’s jurisdiction.

A weapon is a device, instrument, material, or substance animate or inanimate that is used for or is readily capable of causing death or serious bodily injury

Includes pocket knives with a blade of 2 ½ inches or more in length; firearms, including a starter gun; the frame or receiver of such a weapon; a muffler or silencer; and any destructive device including any explosive incendiary or poison gas bombs, grenades, rockets, missiles and mines.

2. Drugs. Student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under SDUSD jurisdiction.

A controlled substance is a drug or other substance in the Federal Code that does not include a substance legally used and possessed under the supervision of a licensed health-care professional.

Note: Possession of alcohol and tobacco does not fall under “controlled substance.” Therefore, the principal cannot move a student to an IAES for possession

of these items under this section. Instead, the removal is subject to the procedural safeguards applicable to other types of misconduct.

3. Seriously Bodily Injury. Student inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the State or a school district. 3

Serious bodily injury involves substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

B. Removal

If a student committed one of the above three offenses, the school principal may immediately remove him/her to an IAES for up to 45 school days. Because drugs, weapons, and serious bodily injury are so dangerous to a safe school climate, the removal may occur regardless of whether the team believes that the behavior is a manifestation of the student’s disability. The 45 school days do not include those days the school is not in session (e.g., Spring Break). The IEP team may specify a removal for fewer days than the maximum 45 days. Note: Prior to the end of the 45-day IAES period, the SDUSD may request an expedited hearing if it believes that returning the student to the original placement is substantially likely to result in injury to the student or to others.

C. Action during Removal. During the 45 school day period, the school must convene a manifestation determination meeting following the procedures discussed in Section I.C. above to determine what steps must be taken to address the student’s behavior. Note: By the 11th day of removal, the IEP team must describe the services the student will receive to enable him/her to continue to participate in the general education curriculum and make progress toward meeting the goals set out in the student’s IEP.

1. Behavior IS Manifestation of Disability a. FAA/BIP. The IEP team must conduct or review an FAA and create a BIP

addressing ways that the school can help the student with the conduct at issue. If the student already has a BIP, it must be reviewed and modified, as appropriate.

Note: If a new FAA is required to assess a student’s behavior, parental consent is required.

b. Reassessment. The student may be referred for a reassessment.

c. Reconsider Services. The IEP team may meet to consider more intensive special education services upon the expiration of the 45 day IAES or sooner, which may take place in a setting that is different from the school site in which the infraction occurred.

2. Behavior is NOT Manifestation of Disability. a. Regular Discipline Proceedings. If all team members determine that the conduct

was not a manifestation of the student’s disability, the District may apply to the

3 To comply with the law, a 45 school day emergency removal for serious bodily injury must be extremely serious, i.e., requiring medical treatment.

student its regular disciplinary proceedings, e.g., expulsion, that applies to all students.

b. FAA/BIP. The student must receive, as appropriate, an FAA and BIP services and modifications, which are designed to address the behavior related to the disciplinary violation so that it does not recur.

III. Appeals

Reasons for Requesting an Expedited Due Process Hearing

1. Parent Disagreement. Parents who disagree with a manifestation determination, the appropriateness of an IAES, or other IEP services that will be provided during the student’s removal, may request an expedited due process hearing.

2. School Considers Student to be Dangerous. In some cases, a student that did not commit one of the three “emergency” offenses discussed above is considered by school officials to be dangerous. If the principal/designee has solid reasons to believe that keeping the student in his/her current school is substantially likely to result in injury to the student or to others, the Principal/designee consults with the appropriate Program Manager or Cluster Support Teacher to consider a request for an emergency due process hearing to seek a transfer of the student to an IAES for up to 45 school days. In this case, dangerous conduct may exist when there has been no serious bodily injury.

B. Authority of Hearing Officer

1. A hearing officer may:

a. Return the student to the placement from which the student was removed if the hearing officer determines that the removal did not comply with the procedures described above or that the student’s behavior was a manifestation of the student’s disability; or

b. Order a change of placement to an IAES for not more than 45 school days if maintaining the current placement of the student is substantially likely to result in injury to the student or to others.

2. At the end of the 45-day IAES period, the SDUSD may request another expedited hearing if it believes that returning the student to the original placement is substantially likely to result in injury to the student or to others.

C. Expedited Due Process Hearing Procedures. The following procedures apply to expedited due process hearings:

1. CDE arranges the expedited hearing, which must take place within 20 school days of the date the request is filed. The hearing officer must make a determination within 10 school days after the hearing.

2. Unless the parents and the SDUSD agree in writing to waive the resolution meeting or agree to mediate the dispute:

a. A resolution meeting must occur within seven days of receiving notice of the hearing request; and

b. The hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of receipt of the hearing request.

3. Evidence that is not disclosed to the other party at least three business days before the hearing is excluded, unless the parties agree otherwise.

Decisions from expedited due process hearings are appealable to state or federal court.

D. Placement during Appeal of Discipline Decision

1. Weapons, Drugs or Serious Bodily Injury. The student remains in the IAES pending the decision of the hearing officer or until the expiration of the 45 day or code violation time period (if less than 45 school days), whichever occurs first, unless the parent and SDUSD agree otherwise.

2. Behavior Not Manifested by the Student’s Disability. The student remains in the IAES pending the decision of the hearing officer or until the expiration of the 45 day or code violation time period (if less than 45 school days), whichever occurs first, unless the parent and SDUSD agree otherwise.

3. Behavior Is Manifested by the Student’s Disability but the SDUSD Believes Behavior is Substantially Likely to Cause Injury. The student remains in the placement (s)he was in at the time of the incident in question.

IV. Students Without IEPs or Section 504 Plans “Deemed to Have a Disability”

A. Knowledge of Suspected Disability (thought to be a student with a disability.)

There are certain legal circumstances that indicate a school official had knowledge that a student may, or is thought to, have a disability prior to the disciplinary violation. The following three circumstances apply:

1. Assessment Requested. The parent requested an assessment before the incident occurred:

2. Written Concern. The parent expressed concerns in writing to the student’s teacher or school administration about the student’s need for special education and related services

3. Specific Concerns by School Personnel about Pattern of Behavior. The student’s teacher or other school staff told Special Education Programs Division staff or, school administrative personnel, of specific concerns about the student’s pattern of behavior.

If any of the above three circumstances are present, then school officials must consider the student as having a disability.

Impact of Early Intervening Services (RTI/PBIS)

The United Stated Department of Education’s comments to the IDEA regulation specifies that School District staff will not be considered to have a basis of knowledge merely because a student receives early intervening services UNLESS a parent or teacher expresses a concern, in writing, to appropriate District personnel that the student may need special education and related services.

B. NOT Deemed To Have Knowledge. This provision does not apply if:

1. No Consent. Parent did not consent to an initial assessment of the student;

2. Refused Services. Parent refused special education and related services for the student; or

3. Not Disabled. The student was evaluated and was determined not to have disability.

If any of these three circumstances exist, the student may be subjected to the same disciplinary measures applied to those without disabilities engaging in similar behaviors.

C. Parent Requests Assessment after Incident Occurred. If the parent requests an assessment for a suspected disability after the student is sent to an IAES, the school must conduct an expedited assessment at parental request. However, during the assessment, the student remains in the SDUSD determined placement, including in the Interim Alternate Educational Settings (IAES). If the student is found to have a disability, an IEP must be developed. The IEP team must then conduct a manifestation determination to determine if the disability caused or had a direct and substantial relationship to the offense. If so, the team needs to reconsider the student’s placement in light of the new information.

V. Referral to and Action by Law Enforcement and Judicial Authorities

A. Reporting Crimes. Nothing in this part prohibits a principal or SDUSD staff from reporting a crime committed by a student with a disability to appropriate authorities or prevents state law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a student with a disability

B. Transmittal of Records. SDUSD officials reporting a crime committed by a student with a disability must ensure that copies of the special education and disciplinary records of the student are transmitted for consideration by the appropriate authorities to whom the agency reports the crime. Records must be transmitted only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act. For further information about this requirement, contact the Compliance, or Legal Office.

VI. Application of Section 504 and ADA Generally, students with disabilities eligible for services only under Section 504/ADA (i.e., need related and supplementary aids and services only) are entitled to the procedural safeguards specified in this section. An exception to this general rule applies to students with behavior that is not a manifestation of his/her disabilities. In this case, these students are entitled to those services normally available to nondisabled students who are suspended or removed pursuant to the SDUSD Code of Student Conduct.

Chapter 6: Procedural Safeguards

I. Overall Parental Involvement

Participation by parents is crucial in all meetings in which decisions are being made regarding their child. Parents must be informed about the process used to assess their child’s response to scientifically research-based interventions, appropriate strategies for improved achievement, and the right to request an assessment. Parents must be notified early enough to ensure the opportunity to participate in the meetings and discussions listed below:

1. RTI meetings when decisions are made regarding their child.

2. IEP Team Meetings.

a. Eligibility. Parents must be invited to all IEP meetings, including those that review the results of (re)assessments and determine (re)eligibility. At the conclusion of the IEP meeting, if parents disagree with the eligibility consensus of the team, the parents have the right to challenge the assessment report and determination through the procedural safeguards discussed below.

b. Services. Parents must be given the opportunity to participate in all IEP team discussions and decisions regarding the provision of special education and related services in the least restrictive environment, as well as discipline related activities (i.e., manifestation determination, etc.); and all subsequent IEP meetings to discuss new concerns and to determine if a reassessment is needed. They also have the right to use the procedural safeguards discussed below to resolve their disagreements.

II. Notice A. General. Using the Written Prior Notice to Parent of Proposed or Refused Action

(Prior Written Notice) form, the case manager provides parents with prior written notice of upcoming meetings to discuss a student’s eligibility for services or educational needs. It also notifies parents of proposals or refusals to initiate or change the identification, assessment, and placement of, or provision of, a FAPE to a student with disabilities. In addition, the principal/designee must notify parents of any suspensions using the document normally used for this purpose. The Written Prior Notice form can also be used, for example, in the following circumstances to document disagreement with an action a parent requested for his/her child:

1. Denial of Assessment. Parent requests an assessment for special education services but staff disagree that there is an area of suspected disability.

2. Denial of Aspects of Assessment. The parent requests a particular assessment tool or instrument be used that District staff do not believe is needed to adequately and appropriately assess the student in all areas of suspected disability.

3. Excessive IEP Meeting Requests. The parent has asked for an excessive number of IEP meetings and the case manager is denying the latest request.

B. Conference Notification. The Written Prior Notice form provides parents notice of the purpose of the meeting, the proposed date, time and place, persons who will be in attendance, and the parent’s right to invite other individuals with knowledge or special expertise regarding the child.

C. Contents of Written Prior Notice. The notice contains:

1. A description of the action proposed or refused by the agency;

2. An explanation of why the agency proposes or refuses to take the action;

3. A description of each assessment procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;

4. A statement that the parents of a student with a disability have protection under the procedural safeguards of this chapter and, if this notice is not related to an initial referral for an assessment or annual review that attaches a notice of procedural safeguards, the means by the parent may obtain this information;

5. Sources for parents to contact to obtain assistance in understanding the provisions of this chapter;

6. A description of other options that the IEP team considered and the reasons why those options were rejected; and

7. A description of other factors which are relevant to the proposal or refusal.

The case manager must complete each section of the form, providing sufficient detail to adequately explain the District’s position. In certain circumstances described in Section IV below, the Procedural Safeguards booklet must accompany the Prior Written Notice.

D. Facilitating Parental Participation. If a parent indicates that the proposed date or time for a meeting is inconvenient, the case manager will make reasonable efforts to accommodate the parent’s schedule. A meeting may be held without a parent if the case manager is unable to obtain the parent’s participation. In this case, the case manager must maintain a record of his/her attempts to arrange a mutually agreed on time and place, such as telephone calls made or attempted and the results of those calls; copies of correspondence sent to the parents and any responses received; and any visits and the results.

E. Notice Timeframes. Generally, written notices must be provided to parents at least 10 calendar days prior to meetings or actions taken by the SDUSD to initiate or change a student’s educational placement, unless the parent agrees in writing that they waive the 10-day waiting period. However, Assessment Plans are due to parents within 15 calendar days of the request for assessment. Thus, the Written Prior Notice form that communicates a denial of a parent’s request for a special education assessment must be provided to the parent within this 15-day time frame.

F. Meetings That Do Not Require Notice. Meetings that do not require a notice include: informal or unscheduled conversations involving SDUSD personnel, and conversations on issues such as teaching methodology, lesson plans, or coordination of service provision. A meeting notice is also not required for preparatory activities in which SDUSD personnel engage to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

III. Consent A. General. A parent is considered to have given consent only when (s)he:

1. Fully Informed. Is fully informed of all information relevant to the activity for which consent is sought, in his/her native language, or other mode of communication;

2. Written. Understands and agrees in writing to the carrying out of the activity, and the consent describes the activity and lists any records that will be released and to whom; and

3. Revocation. Understands that his/her consent is voluntary and may be revoked at any time.

B. Activities Requiring Written Parental Consent. The following activities require written parental consent –

1. Initial assessments or reassessment/triennials;

2. Initial provision of special education and related services;

3. Disclosure of personally identifiable information about a student, consistent with the Student Records Act;

4. Use of an IFSP instead of an IEP; and

5. A Functional Analysis Assessment.

The District may not require parental consent as a condition of any benefit to the parent or his/her child except for the service or activity for which consent is required.

C. Parental Consent for Initial Assessment

1. General Requirements. Parental consent is required before conducting an initial assessment. Parents must be given a copy of their procedural safeguards at the time of the request for parental consent.

a. Does Not Constitute Consent for Services. Parental consent for initial assessment cannot be construed as consent for initial provision of special education and related services.

b. Reasonable Efforts. The case manager must make reasonable efforts to obtain informed consent from the parent for an initial assessment (see Section F below).

2. Ward of the State. For initial assessments only, if the student is a ward of the State and is not residing with the student’s parent, the education specialist is not required to obtain informed consent from the parent for an initial assessment to determine whether the student is a student with a disability if:

a. Despite reasonable efforts to do so, the education specialist cannot discover the whereabouts of the parent of the student (after contacting the Special Education Programs Division for further assistance);

b. The rights of the parents of the student have been terminated in accordance with State law; or

c. The rights of the parent to make educational decisions have been removed by a judge and consent for an initial assessment has been given by an individual appointed by the judge to represent the student.

3. Consent Not Provided. If the parent of an enrolled student or of a student seeking to be enrolled in SDUSD does not provide consent for an initial assessment, or the parent fails to respond to a request to provide consent, the assigned education specialist (in consultation with the principal/designee or Cluster Support Staff) may, but is not required to, pursue the initial assessment of the student by requesting mediation or a due process hearing. It is permissible to decide not to pursue the assessment.

D. Parent Consent for Reassessments

1. General Rule. The case manager must obtain informed parental consent prior to conducting any reassessment.

a. Parent Refusal to Consent. If the parent refuses to consent, the principal/designee may, but is not required to pursue the reassessment by requesting mediation or a due process hearing to obtain a ruling to support the assessment. This decision must be made in collaboration with Special Education Programs Division staff.

b. Decline to Pursue. The SDUSD does not violate its assessment obligation if it declines to pursue the reassessment.

1. Parental Consent Not Required. Informed parental consent need not be obtained if the case manager can demonstrate that:

a. Reasonable Efforts. (S)he made reasonable efforts to obtain such consent; and

b. No Response. The parent failed to respond.

E. Parental Consent for Initial Services 1. Initial Services. The case manager must obtain informed consent from the student’s

parent before providing initial special education and related services. 2. Reasonable Efforts. The assigned education specialist must make reasonable

efforts to obtain informed consent. 3. Failure to Consent.

a. General. If the parent fails to respond or refuses to consent to services, the principal/designee may not request mediation or a due process hearing in order to obtain agreement or a ruling that the services may be provided. If the parent consents in writing to only some of the IEP components of the IEP, the IEP team may consider whether those components of the program are sufficient to provide FAPE and should be implemented so as not to delay providing instruction and services to the child.

b. USDE Discussion of Consent. Based on its comments to the IDEA regulation, the USDE does not view the consent provisions of IDEA as creating the right of parents to consent to each specific special education and related service that their child receives. Instead, it states that parents have the right to consent to the initial provision of special education and related services. Parents must be “fully informed” and receive an explanation of what special education and related services are and the types of services that might be found to be needed for their child, rather than the exact program of services that would be included in an IEP.

4. District Status. If the parent refuses to consent or fails to respond, the SDUSD:

a. Not Liable. Will not be considered noncompliant for failure to make FAPE available to the student; and

b. IEP Not Required. Is not required to convene an IEP team meeting or develop an IEP for the student.

F. Other Consent Requirements 1. Consent is NOT Required. Parental consent is not required before:

a. Existing Data. Reviewing existing data as part of an assessment or a reassessment; or

b. Universal Testing. Administering a test or other assessment that is administered to all students unless, before administration of that test or assessment, consent is required of all parents.

2. Impact of Refusal to Consent on Other Services. A parent’s refusal to consent to one service or activity may not be used to deny the parent or child any other service, benefit, or activity of the District except as specifically stated in this section.

2. Cannot Override Lack of Consent. If a parent of a child who is home schooled or placed in a private school by the parents at their own expense does not provide consent for the initial assessment or the reassessment, or the parent fails to respond to a request to provide consent, the District may not request mediation or due process to override the consent. In this case, the District is not required to consider the child as eligible for services under IDEA.

3. Reasonable Efforts to Obtain Parental Consent: To meet the reasonable efforts requirement to obtain parental consent, the education specialist/case manager must document his/her attempts, which include:

a. Calls. Detailed records of telephone calls made or attempted and the results of those calls;

b. Correspondence. Copies of correspondence sent to the parents and any responses received; and

c. Visits. Detailed records of visits made to the parent’s home or place of employment and the results of those visits.

G. Notice in Understandable Language

1. The notice must be:

a. Written in language understandable to the general public; and

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

2. If the native language or other mode of communication of the parent is not a written language, the case manager shall take steps to ensure that:

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

b. The parent understands the content of the notice; and

c. There is written evidence that the requirements of a. and b. have been met.

H. Parental Refusal to Consent. An education specialist/case manager may not be able to obtain a parent’s consent for an assessment or initial placement for a variety of reasons. The individuals must determine whether the parent actively disagrees with the action or does not necessarily disagree but is not consenting due to inaction or because (s)he does not understand the basis for the action.

In either case, the education specialist/case manager should discuss with the parent his/her concerns and if (s)he still does not consent, consider the following options, as appropriate –

1. Initiate informal mediation by requesting the involvement of the principal or others in the school or from the cluster support personnel;

2. Reconsider the proposed action to determine if there are other options available that will enable the student to receive an educational benefit;

3. Request formal mediation from CDE; or

4. Request a due process hearing.

Reminder: Mediation and due process are not appropriate options to address a parent’s refusal or lack of consent for an initial placement or revocation of consent for placement; or a lack of consent by parents of home-schooled or parentally placed students for a (re)assessment.

Prior to requesting any due process hearing, the case manager must document the results of less formal methods.

I. Revocation of Parental Consent. A parent may revoke consent for any action for which the parent provided consent. If a parent wishes to revoke consent, (s)he must inform the principal or case manager either orally or in some cases in writing (see number 3 below). If done orally, the case manager summarizes the request in writing and provides a copy of the summary to the parent within five days. The following key principles apply to revocation.

1. Effect of Revocation. The revocation is effective immediately but it is not retroactive (i.e., it does not negate an action that occurred after the consent was given and before it was revoked).

2. Mediation & Due Process. The district may utilize mediation and due process to contest parental revocation of consent for assessments but may NOT use these processes to contest a revocation of consent for services.

3. Provisions Regarding Revocation of Parental Consent for Services. Changes to IDEA give parents (or adult students) the right to revoke their consent for the student to receive special education and related services. The statement of revocation MUST be in writing and there is no requirement to state a reason. Revocations may not be effective retroactively. Upon receipt of the written request revoking consent for special education and related services, the District is required to provide parents a Prior Written Notice (PWN) acknowledging the revocation of services which includes the date on which all services will cease. Other considerations include:

a. IEP Meetings. The District is not obligated to hold future IEP meetings for the student.

b. FAPE Obligation. The District will not be considered to be in violation of offering FAPE to a student because of a parent’s revocation of consent for services.

c. Records. SDUSD is not required to amend a student’s education container to remove any reference to the student’s receipt of special education and related services because of the revocation of consent.

4. Notification of Essential Staff. The case manager must provide information about the revocation to each staff member having activities affected by the action.

IV. Notice of Procedural Safeguards A. General. The Notice of Procedural Safeguards provides parents with notice of all

pertinent IDEA and State procedural safeguards requirements. The notice must be offered to the parent –

1. Assessment. Upon student’s initial referral or parent request for an assessment;

2. Annually. For students currently receiving special education services (typically, this will be provided to parents at the time of the annual review meeting).

3. Complaint/Due Process. Upon receipt of the first CDE complaint, and/or first due process hearing request in a school year. The Due Process Office sends this notice to the parent.

4. Disciplinary Change of Placement. On the date a decision is made to suspend a student when the suspension constitutes a change of placement (Chapter 5, I.B.) because of a violation of a code of student conduct; and

5. Upon Request by a parent.

Please see http://www.sandi.net/depts/specialed/dpm.htm for a copy of the Procedural Safeguards Booklet.

B. Contents of Procedural Safeguards Notice. Procedural safeguards pertaining to the following are described in the notice:

1. Independent educational assessments;

2. Prior written notice;

3. Parental consent;

4. Access to education records;

5. Opportunity to present and resolve complaints through the due process complaint and State complaint procedures, including:

a. Time period in which to file a complaint;

b. Opportunity for the agency to resolve the complaint; and

c. Difference between the due process complaint and the State complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures;

6. Availability of mediation;

7. Child’s placement during the pendency of any due process complaint;

8. Procedures for students who are subject to placement in an interim alternative educational setting (IAES);

9. Requirements for unilateral placement by parents of students in private schools at public expense;

10. Hearings on requests for due process, including requirements for disclosure of assessment results and recommendations;

11. Civil actions, including the time period in which to file those actions; and

12. Attorneys' fees.

V. Access to Records. The parents of a student with disabilities must be given an opportunity to inspect and review all education records with respect to the:

A. Identification, assessment, and educational placement of the student; and

B. Provision of FAPE.

See Chapter 8 for more information about access to records and confidentiality.

VI. Mediation

A. In General. Parents may voluntarily agree to resolve disagreements through informal or informal medication. Parents cannot be required to mediate.

B. Formal Mediation

1. General. Mediation is available to address disputes involving any matter covered in this manual, including matters arising prior to the filing of a due process complaint, to resolve disputes. Additional information about mediation and a form that may be used to request mediation is at http://www.sandi.net/depts/specialed/dpm.htm.

2. Procedures.

a. The mediation process is:

1) Voluntary on the part of both parties;

2) Not used to deny or delay a parent’s right to a due process hearing or to deny any other rights afforded under the IDEA; and

3) Conducted by a qualified and impartial mediator who is trained in effective mediation techniques.

b. CDE pays for the cost of the mediation process.

c. Each session in the mediation process is scheduled in a timely manner and held in a location that is convenient to the parties to the dispute.

d. The District and parents may be accompanied and advised by non-attorney representatives and may consult with an attorney prior to or following the conference.

f. The Office of Administrative Hearings (OAH), Special Education Unit assigns mediators. All mediators are under contract with the OAH and are experienced in special education mediation. Parents must notify SDUSD of the request by sending or faxing a copy to: San Diego Unified School District, Due Process and Mediation Office, 4100 Normal Street, Annex 7, San Diego, CA, 92103, Phone: (619) 725-7794; Fax: (619) 725-7424.

3. Confidentiality of Mediation Process

a. Anything said, any admission made, and any document prepared in the course of, or pursuant to, mediation is a confidential communication, and a party to the mediation has a privilege to refuse to disclose and to prevent another from disclosing the communication, whether in an adjudicative proceeding, civil action, or other proceeding. This rule does not limit the admissibility of evidence if all parties to the proceedings consent.

b. No reference to mediation proceedings, the evidence produced, or any other aspect of the mediation may be made in an adjudicative proceeding or civil action, whether as affirmative evidence, by way of impeachment, or for any other purpose.

c. No mediator, interpreter, or other participants may testify in a subsequent administrative or civil proceeding about any statement, conduct, decision, or order occurring at, or in conjunction with, the mediation.

d. Evidence otherwise admissible outside of mediation under this section is not inadmissible or protected from disclosure solely by reason of its introduction or use in mediation under this section.

3. Agreement. If the parties resolve a dispute through the mediation process, they document their agreement and include the following:

a. A statement that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and

b. A signature by both the parent and a representative of the SDUSD who has the authority to bind the District.

Interim and final agreements in writing that result from mediation are admissible for purposes of enforcement unless the written agreement specifies otherwise.

4. Impartiality of Mediator.

a. An individual who serves as a mediator under this part:

1) May not be an employee of the CDE or the SDUSD; and

2) Shall not have a personal or professional interest that conflicts with the person’s objectivity.

b. A person who otherwise qualifies as a mediator is not an employee of the SDUSD or CDE solely because he or she is paid by the agency to serve as a mediator.

VII. Impartial Due Process Hearings

A. General.

1. Authority to File. A parent or the SDUSD may file a request for due process hearing on any matter relating to the identification, assessment, or educational placement of a student with a disability, or the provision of FAPE.

2. Time Frame. The hearing request must allege a violation that occurred from the date the parent or District knew, or had reason to know, of the facts that are the basis for the hearing request; however, the following exceptions apply to a parent if (s)he was prevented from filing a due process complaint due to:

a. Specific misrepresentations by the SDUSD that it had resolved the problem forming the basis of the Request for Due Process Hearing; or

b. The SDUSD’s withholding of information from the parent that was required to be provided.

3. Immediate SDUSD Contact. Immediately, upon receipt of a parent’s request for mediation or a due process hearing, the principal/designee must contact the Due Process Office to receive support and technical assistance.

B. Information for Parents. The SDUSD shall inform the parent of any free or low-cost legal and other relevant services available in the area (list provided by OAH) if:

1. The parent requests the information; or,

2. The parent or the SDUSD files a request for a hearing under this section.

C. Due Process Hearing Request.

1. General.

a. A party, or the attorney representing a party, files a request for due process hearing by sending a written request.

b. Concurrently, parents must notify SDUSD of the request by sending or faxing a copy to: San Diego Unified School District, Due Process and Medication Office, 4100 Normal Street, Annex 7, San Diego, CA 92103, Phone: (619) 725-7794; FAX: (619) 725-7424

2. Contents. The written request must include:

a. Student’s name;

b. Student’s address;

c. Name of the school the student is attending;

d. In the case of a homeless student or youth (within the mandates of the McKinney-Vento Homeless Assistance Act), available contact information;

e. Description of the nature of the problem of the student relating to the proposed or refused initiation or change, including facts relating to the problem; and

f. Proposed resolution of the problem to the extent known and available to the person requesting the hearing at the time.

3. Consequences for Insufficient Notice. A party may not have a hearing until the party, or representing attorney, files a request that meets these requirements.

4. Assistance with Written Request. The education specialist/case manager or others, as appropriate, assist parents who are not literate in English or have disabilities that limit the ability to communicate in writing.

D. Sufficiency of Request for Due Process Hearing.

1. The request for a due process hearing will be deemed sufficient unless the party receiving the request notifies the hearing officer and the other party in writing, within 15 days of receipt of the written request, that the receiving party believes the written request does not meet the requirements above.

2. Within five days of receipt of a notification that the written request does not meet these requirements, the hearing officer must make a determination of sufficiency based on the face of the written request, and must immediately notify the parties in writing of that determination.

E. Amendments to Request. A party may amend its request for due process only if:

1. The other party consents in writing to the amendment and is given the opportunity to resolve the due process hearing request through a resolution meeting (see Section VIII below); or

2. The hearing officer grants permission, except that (s)he may only do so no later than five days before the due process hearing is set to begin.

3. If a party files an amended request for a due process hearing, the timelines for the resolution meeting and the time period to resolve the dispute begin again with the filing of the amended due process hearing request.

F. SDUSD‘s Response to Request for Due Process Hearing

1. If the SDUSD did not send a Prior Written Notice to the parent regarding the subject matter contained in the parent's hearing request, the SDUSD must, within 10 days from receipt of the request, send to the parent a response that includes:

a. An explanation of why the agency proposed or refused to take the action addressed in the request for due process hearing;

b. A description of other options that the IEP team considered and the reasons why those options were rejected;

c. A description of each assessment procedure, assessment, record, or report that staff used as the basis for the proposed or refused action; and

d. A description of any other factors that are relevant to the District’s proposed or refused action.

2. A response by SDUSD does not preclude it from asserting that the parent’s request for the due process hearing was insufficient, where appropriate.

G. Response to a Request for Due Process Hearing. Except as provided above in Section F, the party receiving the hearing request must, within 10 days of receipt, send to the other party a response that specifically addresses the issues raised in the request.

H. Model Forms.

1. CDE has developed model forms to assist parents in filing a request for due process hearing and in filing a State complaint (see http://www.sandi.net/depts/specialed/dpm.htm).

2. Another format may be used so long as it meets the requirements for filing a request for due process or CDE complaint.

VIII. Resolution Process

A. Resolution Meeting

1. Within 15 days of receiving the parent's request for a due process hearing, SDUSD must convene a meeting with the parent and the relevant member(s) of the IEP team who have specific knowledge of the facts identified in the request for due process hearing that:

a. Includes a representative of SDUSD who has decision-making authority; and

b. May not include an SDUSD attorney unless the parent is accompanied by an attorney.

2. The purpose of the meeting is for parents to discuss the hearing request, and the facts that form its basis, so that SDUSD has the opportunity to resolve the dispute.

3. The resolution meeting does need not to be held if:

a. The parents and SDUSD agree in writing to waive the meeting; or

b. The parents and SDUSD agree to mediate the dispute.

4. The parents and SDUSD determine the relevant members of the IEP team to attend the resolution meeting.

B. Resolution Period.

1. If the SDUSD has not resolved the issues contained in the hearing request to the satisfaction of the parents within 30 days of the receipt of the written request, the due process hearing may occur.

2. Except as provided in Section C below, the timeline for issuing a final hearing decision begins at the expiration of this 30-day period.

3. Except where the parties have jointly agreed to waive the resolution process or to use mediation, the failure of a parent filing a due process request to participate in the resolution meeting delays the timelines for the resolution process and due process hearing until the meeting is held.

4. If SDUSD is unable to obtain the participation of the parent in the resolution meeting (after reasonable efforts have been made and documented), SDUSD may, at the conclusion of the 30-day period, request the hearing officer to dismiss the parent’s hearing request.

5. If SDUSD fails to hold the resolution meeting within 15 days of receipt of the request or fails to participate in the resolution meeting, the parent may ask the hearing officer to begin the due process hearing timeline.

C. Adjustments to 30-day Resolution Period. The 45-day timeline for the hearing decision starts the day after one of the following events:

1. Both parties agree in writing to waive the resolution meeting;

2. After either the mediation or resolution meeting starts but before the end of the 30-day resolution period, the parties agree in writing that no agreement is possible; or

3. If both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but not later, the parent or SDUSD withdraws from the mediation process.

D. Written Settlement Agreement. If a resolution to the dispute is reached, the parties must document their agreement by specifying its terms. The document:

1. Must be signed by both the parent and an SDUSD representative having the authority to bind the agency; and

2. Is enforceable in any CA court of competent jurisdiction or in a US district court, or by CDE through state complaint procedures.

E. Agreement Review Period. If the parties execute an agreement pursuant to the above, a party may void the agreement within three business days of the date the document is signed by all parties.

IX. Due Process Hearing Officer Appointment and Due Process Hearings

A. CDE Responsibility. The due process hearing is conducted by the Office of Administrative Hearings (OAH) which is under contract with CDE. OAH appoints the

impartial officer to hear the dispute in question. The hearing officer is knowledgeable about administrative hearings.

B. Subject Matter of Due Process Hearings. The party requesting the due process hearing cannot raise issues at the hearing that were not raised in the request unless the other party agrees otherwise. However, a parent may file another due process hearing request on an issue separate from the one already filed.

C. Procedures for Conducting a Hearing.

1. The hearings conducted pursuant to this section shall not be conducted according to the technical rules of evidence and those related to witnesses.

2. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions.

3. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but is not sufficient itself to support a finding unless it would be admissible over objection in civil actions.

4. All testimony is given under oath or affirmation.

5. Hearings shall be conducted in the English language; when the primary language of a party is not English or another mode of communication, an interpreter is provided who is competent, as determined by the hearing officer. The CDE will pay for the cost of an interpreter. Interpreters shall take an oath to interpret fully and accurately.

6. The hearings are open/closed to the public at the discretion of the parent.

7. The hearing officer may conduct all or part of a hearing by telephone, television, or other electronic means if each participant in the hearing has an opportunity to participate in and to hear the entire proceeding while it is taking place and to observe exhibits.

D. Hearing Rights.

1. Parents and the District may be represented at Hearings by Counsel and/or individuals with special knowledge or training with respect to the education of students with disabilities.

2. Parties must receive notice from the other party at least ten days prior to the hearing of intent to be represented by an attorney.

3. Parties may present evidence and confront, cross-examine, and compel the attendance of witnesses, including those that are adverse. The hearing officer has the right to issue Subpoenas (order to appear and give testimony) and Subpoenas Duces Tecum [order to produce document(s) or paper(s)] upon a showing of reasonable necessity by a party.

4. Parents may choose to have the student who is the subject of the hearing present.

5. The hearing officer may prohibit the introduction of any evidence at the hearing that has not been disclosed by the parties five business days before the hearing;

6. Absent compelling circumstances to the contrary and upon motion to the hearing officer, parties may have witnesses excluded from the hearing.

7. Parents may obtain a written or electronic, verbatim record of the hearing at no cost; and written or, at the option of the parents, electronic findings of fact and decisions at no cost.

8. Parties may cite as persuasive but not binding previous hearing officer decisions.

9. Parties may ask the hearing officer to grant a hearing continuance.

10. Parties may request a mediation conference at any point during the due process hearing.

F. Additional Disclosure of Information

1. At least ten calendar days prior to the hearing, each party must provide notice of their issues and proposed resolution(s).

2. At least five business days prior to the hearing, each party shall disclose to all other parties a list of witnesses, all documentary evidence that the party intends to use at the hearing.

3 A hearing officer may bar any party that fails to comply with this requirement from introducing the evidence at the hearing without the consent of the other party.

G. Service of Notice, Motions, Etc. The following rules apply to the service of notice, motions, or other writings:

1. The notice, motion, or writing must be delivered personally or sent by mail or other means to the Hearing Office, person, or entity at their last known address and, if the person or entity is a party with an attorney or other authorized representative of record in the proceeding, to the party's attorney or other authorized representative.

2. Unless a provision specifies the form of mail, service or notice by mail may be by first-class mail, registered mail, or certified mail, by mail delivery service, by facsimile transmission, if complete and without error, or by other electronic means as provided by regulation, in the discretion of the sender.

3. Service must be made by a method that ensures receipt by all parties and the Hearing Office in a comparable and timely manner.

H. Ex Parte Communications. 1. While special education due process hearing proceedings are pending, there may be

no communication, direct or indirect, regarding any issue in the proceeding, to a hearing officer from an employee or representative of a party or from an interested person unless the communication is made on the record at the hearing.

2. A proceeding is pending from the date the hearing request is received by the California Special Education Hearing Office.

3. If a hearing officer receives a communication in violation of this section, (s)he must disclose the content of the communication on the record and give the parties an opportunity to address the matter if so requested within 10 days of receipt of notification of the communication.

a. The hearing officer has discretion to allow the party to present evidence concerning the subject of the communication.

b. The hearing officer has discretion to reopen a hearing that has been concluded.

4. If a hearing officer receives a communication in violation of this section, the hearing officer shall make all of the following a part of the record in the proceeding:

a. If the communication is written, the writing and any written response of the hearing officer.

b. If the communication is oral, a memorandum stating the substance of the communication, any response made by the hearing officer, and the identity of each person from whom the hearing officer received the communication.

5. The hearing officer must notify all parties that the communication has been made a part of the record.

6. Receipt by the hearing officer of a communication in violation of this section may be grounds for disqualification of the hearing officer. If the hearing officer is disqualified, the portion of the record pertaining to the ex parte communication may be sealed by order of the disqualified hearing officer.

I. Sanctions 1. Provisions for contempt sanctions, order to show cause, and expenses contained in

Government Code sections 11455.10-11455.30 of the Administrative Procedure Act apply to special education due process hearing procedures except as modified below.

2. Only the presiding hearing officers may initiate contempt sanctions and/or place expenses at issue.

3. Prior to initiating contempt sanctions with the court, the presiding hearing officer must obtain approval from CDE’s General Counsel.

4. The failure to initiate contempt sanctions and/or impose expenses is not appealable.

5. The presiding hearing officer may, with approval from CDE’s General Counsel, order a party, the party's attorney or other authorized representative, or both, to pay reasonable expenses, including costs of personnel, to the Office of Administrative Hearings, Special Education Unit, for the reasons set forth in Government Code section 11455.30(a).

X. Student Status during Proceedings

A. General Rule. Except as provided with respect to removals of students with disabilities because of special circumstances (i.e., weapons, drugs, serious bodily harm) discussed in Chapter 5, the student must remain in his/her current educational placement during the pendency of any administrative or judicial proceeding (unless SDUSD and the child’s parents agree otherwise).

B. Initial Admission. If the hearing request involves an application for initial admission to public school, the student, with the consent of the parents, shall be placed in the public school until the completion of all the proceedings.

C. Transition from Part C. If the hearing request involves an application for initial services for a child who is transitioning from Part C of the Act to Part B and is no longer eligible for Part C services because the child has turned three, SDUSD is not required to provide the Part C services that the child had been receiving. If the child is found eligible for special education and related services under Part B and the parent consents to the initial provision of special education and related services, then the SDUSD must provide those special education and related services that are not in dispute between the parent and the public agency.

D. Hearing Decision in Parent’s Favor. If the hearing officer agrees with the student’s parents that a change of placement is appropriate, that placement must be implemented even if there is any further appeal.

XI. Hearing Decisions

A. Decision of Hearing Officer on the Provision of FAPE

1. Substantive Grounds. Subject to Section 2 below, a hearing officer’s determination of whether the student received FAPE must be based on substantive grounds.

2. Exceptions. In matters alleging a procedural violation, a hearing officer may find that a student did not receive FAPE only if the procedural inadequacies:

a. Impeded the student’s right to FAPE;

b. Significantly impeded the parent’s opportunity to participate in the decision-making process regarding the provision of FAPE to the parent’s child; or

c. Caused a deprivation of educational benefit.

3. Nothing in this section precludes a hearing officer from ordering SDUSD to comply with procedural requirements.

B. Timelines and Convenience of Hearings and Reviews

1. A final hearing decision must be made and a copy mailed to each of the parties not later than 45 days after the expiration of the 30-day resolution period or the adjusted time period.

2. A hearing officer may grant specific extensions of time at the request of either party.

3. When an extension for a hearing is granted, the hearing officer shall, on the day the decision is made to grant the extension, notify all parties and CDE in writing, stating the date, time, and location of the rescheduled hearing.

4. Each hearing involving oral arguments must be conducted at a time and place that is reasonably convenient to the parents and student involved.

C. Findings and Decision to Advisory Panel and General Public. CDE, after deleting any personally identifiable information, shall:

1. Transmit the findings and decisions to the CA Special Education Advisory Council; and

2. Make those findings and decisions available to the public.

D. Finality of Decision, Appeal, and Compliance with Hearing Decisions

1. Finality of Hearing Decision. A hearing decision is final; any party may appeal the decision (see Section E below).

2. Corrective Action. If a final hearing decision requires corrective action or other action, SDUSD is required to provide documentation periodically and at completion of the corrective action to CDE. CDE may refer and recommend the denial or delay of funding or an offset of future funding if SDUSD, after written notice:

a. Refuses or fails to submit requested documentation of corrective action or;

b. Refuses or fails to take or complete required corrective action.

E. Appeal by Civil Action to State or Federal Court

A. General. Any party may appeal the findings and hearing decision by bringing a civil action in any CA court of competent jurisdiction or in a US district court.

B. Time limitation. The party bringing the action has 90 days from the date of the decision of the hearing officer to file the action.

C. Additional requirements. In any such action, the court:

1. Receives the records of the administrative proceedings;

2. Hears additional evidence at the request of a party; and

3. Basing its decision on the preponderance of the evidence, grants the relief that the court determines to be appropriate.

XII. Attorneys’ Fees and Costs

A. In General

1. In any action or proceeding brought under IDEA, courts have discretion to award reasonable attorneys' fees as part of the costs to:

a. The prevailing party who is the parent of a student with a disability.

b. SDUSD, as the prevailing party, against the attorney of a parent who files a request for hearing or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continues to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or

c. SDUSD, as the prevailing party, against the attorney of the parent or against the parent, if the parent’s request for a due process hearing or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.

2. Reasonable attorney fees may also be made following the conclusion of the administrative hearing with the agreement of the parties.

B. Prohibition on Use of Funds

1. IDEA funds may not be used to pay attorneys’ fees or costs of a party related to a due process hearing or appeal.

2. This section does not preclude CDE from using IDEA funds for conducting a hearing or mediation.

C. Award of Fees. A court awards reasonable attorneys’ fees consistent with the following:

1. Attorney fees must be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished. No bonus or multiplier may be used in calculating the fees awarded under this paragraph.

2. Attorneys’ fees may not be awarded and related costs may not be reimbursed for services performed subsequent to the time of a written offer of settlement to a parent if:

a. The offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of an administrative proceeding, at any time more than 10 days before the proceeding begins;

b. The offer is not accepted within 10 days; and

c. The court or administrative hearing officer finds that the relief finally obtained by the parents is not more favorable to the parents than the offer of settlement.

3. Attorneys’ fees may not be awarded relating to any meeting of the IEP team unless the meeting is convened as a result of an administrative proceeding or judicial action, or at the discretion of the State for a formal mediation.

4. A resolution meeting shall not be considered:

a. A meeting convened as a result of an administrative hearing or judicial action; or

b. An administrative hearing or judicial action for purposes of this section.

5. Notwithstanding Section 2 above, an award of attorneys’ fees and related costs may be made to a parent who is the prevailing party and who was substantially justified in rejecting the settlement offer.

6. Except as provided in Section 5 above, the court reduces the amount of the attorneys’ fees awarded if the court finds that:

a. The parent, or the parent’s attorney, during the course of the action or proceeding, unreasonably protracted the final resolution of the action(s);

b. The amount of the attorneys’ fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably comparable skill, reputation, and experience;

c. The time spent and legal services furnished were excessive considering the nature of the action or proceeding; or

d. The attorney representing the parent did not provide to SDUSD the appropriate information in the due process request notice.

7. The provisions of Section 4 above do not apply if the court finds that SDUSD unreasonably protracted the final resolution of the action or proceeding, or there was a violation of section 615 of the IDEA related to due process.

XIII. Complaints

A. Informal Complaints Filed with SDUSD.

1. Sources. A variety of individuals may file a complaint with the Special Education Programs Division, including:

a. Parents of children with disabilities or thought to have a disability; b. Educational surrogate parents meeting state regulatory requirements; c. Representatives of parents (such as lawyers or advocates); d. Students who are 18 years of age or older; and e. Organizations filing on behalf of a parent(s).

B . Formal Complaints with CDE

1. General. An organization or individual may file a signed written complaint with CDE’s Special Education Division, Procedural Safeguards Referral Service at 1430 N Street, Suite 2401, Sacramento, CA 95814. For example, a complaint may be filed if legally required individuals were not present at a student’s IEP meeting.

2. Contents. The complaint must include:

a. A statement that SDUSD violated a requirement of IDEA or state law or rules;

b. The facts on which the statement is based;

c. The signature and contact information for the complainant; and

d. If alleging violations with respect to a specific student:

1). The name and address of the residence of the student

2). The name of the school the student is attending;

3). In the case of a homeless child or youth (within the mandates of the McKinney-Vento Homeless Assistance), available contact information for the student;

4). A description of the nature of the problem of the student, including facts relating to the problem; and

5). A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.

3. Time Frame. The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received.

4. Notice. The party filing the complaint must forward a copy of the complaint to SDUSD, at the same time the party files the complaint with CDE.

5. CDE Review. CDE employs a staff of investigators who review compliance complaints and issue reports indicating whether SDUSD has complied with legal requirements. If the District is found to be noncompliant, CDE will order corrective actions. CDE must investigate the complaint and issue a written report of findings within 60 days of receiving the complaint.

6. District Management of Complaints.

a. General. All complaints are received by SDUSD’s Due Process Office. When a complaint is received, the Due Process Office opens the case and notifies the school site. The Due Process Office sends to the site principal a copy of the complaint with a cover memo describing information the school site must provide to the Due Process Office. Due Process Office staff conducts an investigation and responds in writing to CDE.

b. Review. The District and CDE investigations may involve a review of records, telephone, and/or personal interviews. The case manager will be contacted to assist in obtaining records and scheduling interviews. The Due Process Office prepares a written response to the allegations for CDE.

c. Findings. When CDE concludes its investigation and issues an investigative report, the Due Process Office prepares a form that lists the required corrective action(s), due dates, and the individuals responsible for completing the corrective actions. The form is sent to the site principal and case manager, along with a copy of the investigative report and a cover letter indicating that evidence of completion of the corrective action(s) must be sent to the Due Process Office by the due date listed on the form

d. School Site Responsibility. The school site principal/designee ensures that all corrective actions are completed and documentation is provided to the Due Process Office, which forwards to CDE documentation of required action.

Chapter 7: Section 504

Under Section 504 of the Rehabilitation Act, no otherwise qualified individual with disabilities shall, solely by reason of disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

I. Eligible Students

Unlike IDEA, Section 504 does not specify categorical labels and it covers persons who have or have a record of having or are regarded as having a physical or mental impairment that substantially limits one or more major life activities.

A. Regarding as Having a Disability Given Section 504’s foundation as a civil rights law that prohibits discrimination, it includes persons who are regarded as having a disability. For example, while a student with severe facial deformities may not have a disability, if the student is discriminated against because of such deformities, the student would be regarded as having a disability and covered by the Act’s protections. Another example is a student who is not disabled under IDEA or considered under Section 504 who is suspended or expelled. If one or more of the criteria listed under IDEA (Appendix A) exist, that student may be protected under Section 504.

1. Physical Impairment includes – Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito-urinary; hemic and lymphatic; skin; and endocrine; or

2. Mental Impairment includes – Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities (as defined by IDEA); or

3. Major Life Activities – Includes such functions as caring for oneself, performing manual tasks, walking, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

See Chapter 1 for more information about Section 504’s eligibility criteria.

B. Section 504 Compared with IDEA

1. Actions Covered under Section 504 and Not Covered under IDEA

a. While IDEA only covers students with disabilities that require special education services, Section 504 is broader in scope and includes students with a disability who do not need special education services and require only accommodations or supplementary aids and services. For example, a student may have diabetes and not require any specific special education services but may need the periodic attention of a nurse. Such a student may not be covered under IDEA but would be under Section 504 and entitled to a Section 504 Individualized Service Plan.

b. Adults, who are protected from discrimination in employment; and

c. Adults, who must be afforded program, and in certain cases full-building accessibility.

2. Actions NOT Covered under Section 504 (Covered under IDEA) a. Students currently using illegal drugs. Thus, students who are covered only

under Section 504 (i.e., they do not need special education to benefit educationally) may be disciplined for illegal use of drugs/alcohol as nondisabled students.

b. Services for a student placed in a nonpublic schools by his/her parents (as long as the District has appropriate services available.)

c. Preschool services for students with disabilities if such services are not made available for nondisabled students.

C. Section 504 Protections As with IDEA, Section 504 requires school districts to provide students with disabilities with a free appropriate public education and procedural safeguards. While Section 504’s regulatory requirements are not as comprehensive as are IDEA’s, they are similar in nature. The Office for Civil Rights (OCR), U.S. Department of Education, enforces Section 504. See OCR’s website at http://www.ed.gov/about/offices/list/ocr/index.html

II. Procedures A. In General

1. The principal/designee ensures that notice and consent procedures, forms, and the procedural safeguards booklet are provided to the parent as described in SDUSD’s Section 504, Guidelines for Educators.

2. If the IEP team determines that the student has a condition under IDEA but does NOT require special education services, the team would immediately make a referral to the site 504 coordinator to begin the process for Section 504 consideration for eligibility.

3. If such a student requires related or supplementary aids or services to benefit from his/her education or participate in extracurricular activities, the student is entitled to those services under Section 504.

4. It is not necessary that a student who is thought to be disabled only under Section 504 to first complete a review under IDEA; as appropriate, the IDEA process may be bypassed and the District may proceed directly under Section 504. In this case, the 504 team may have the same participants as the IEP team, except for the education specialist.

B. Student Identification

1. Administrators, students, counselors, teachers, and parents may refer a student for a Section 504 assessment and services;

2. The Section 504 team reviews the request, school records and other background information to determine if the student is eligible for services under Section 504. If available information is not sufficient, the team recommends appropriate assessments, and gives notice to the parent.

3. If IDEA eligibility is suspected, the procedures described in previous chapters are followed.

4. Each school site has a Section 504 team, which is composed of:

a. Site 504 Coordinator, which may be the principal or their designee;

b. Parent

c. Other professionals knowledgeable about the student and who are able to interpret a variety of data (e.g., teacher, nurse, school psychologist, education specialist, etc).

5. The team, which includes the parent, documents the student’s eligibility and the services required on the Section 504 Individualized Service Plan.

C. Section 504 Individualized Service Plan 1. Based on the student’s disability, the team (including parents) determines the

related, supplementary aids and services the student needs to receive a free appropriate public education. Services may include peer assistance, modified assignments, home-school communication, modified testing procedures for group tests, behavior management, nursing services, assistive devices, special equipment, preferential seating, administration of medication, etc.

2. The Plan specifies the period of time the services are provided, indicates when the student’s progress will be reviewed (at least annually).

D. Review, Revision and Reassessment 1. Each Plan is reviewed at least annually and revisions are made whenever necessary; 2. Procedural safeguards comparable to those under IDEA apply.

Chapter 8: Records & Confidentiality

This chapter provides SDUSD’s policies and procedures related to protecting the confidentiality of any personally identifiable information collected, used, or maintained under Part B of the IDEA.

I. Definition of Educational Records

A. Definition of Educational Record. Education record means those records that are directly related to a student and maintained by the District and may include (1) the name of the student, the student’s parent or other family member(s); (2) the address of the student; (3) a personal identifier such as the student’s social security number, student number, or court file number; (4) a list of personal characteristics or other information that would make it possible to identify the student with a reasonable certainty. In addition, the record includes any item of information directly related to an identifiable student, other than directory information, which is maintained by SDUSD or required to be maintained by an employee in the performance of duties whether recorded by handwriting, print, tapes, film, microfilm, computer or by other means. Examples of student records include but are not limited to:

a. Special Education Container

b. Cumulative File

c. Test Protocols

d. Related Service Providers’ Logs

e. Discipline Records

f. Nurses’/Health Records

B. Records That Are Not Educational. Student records do not include informal personal notes prepared and kept by a school employee for his/her own use or the use of a substitute. Personal notes placed in a student’s cumulative file, special education container, or a provider’s working file are considered to be a part of the student record. If records contain information about more than one student, parents can have access only to that portion of the record pertaining to his/her child. For more detailed information, see District Administrative Procedure 6525, Students, Records: Release of Student Information.

II. Access to Records

A. Access rights

1. Parents are permitted to inspect and review any education records relating to their children that are collected, maintained, or used by the SDUSD with respect to IDEA requirements.

2. Parents have the right to receive an explanation and interpretation of those records before any meeting about a child's IEP or before any due process hearing.

3 Principals must ensure that requests to inspect relevant records are granted without unnecessary delay and before any meeting regarding an IEP, any due process hearing, or resolution session, and in no case more than 5 business days after a parent’s written or oral request has been made (see Section H below for more information about responding to the request).

4. These rights transfer to a non-conserved pupil who is 18 years old or attending a post secondary education institution.

B. Inspection and Review of Records. The right to inspect and review education records under this section includes the right to:

1. A response from the District to reasonable requests for explanations and interpretations of the records;

2. Request that the District provide copies of the records containing the information if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records; and

3. Have a representative of the parent inspect and review the records.

C. Presumption of Authority. The principal may presume that the parent has authority to inspect and review records relating to his or her child unless the principal has been advised that the parent does not have the authority under applicable State law governing such matters as guardianship, separation, and divorce.

D. Record of Access. The case manager must keep a record of parties obtaining access to education records collected, maintained, or used under IDEA (except access by parents and authorized employees of the SDUSD), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.

E. Records on More than One Student. If any education record includes information on more than one student, the parents of those children have the right to inspect and review only the information relating to their child or to be informed of that specific information.

F. List of Types and Locations of Information. Principals or designees will provide parents, on request, a list of the types and locations of education records collected, maintained, or used by the agency.

G. Fees. SDUSD may charge a fee for copies of records that are made for parents for no more than the actual cost of reproducing the records, unless the fee does not effectively prevent the parents from exercising their right to inspect and review those records. The SDUSD will not charge a fee to search for or to retrieve information under these regulations.

H. Management of Request. Within 5 business days from a parent’s written or oral request for records, the student’s case manager or a designated staff member takes the following actions:

1. If the request is oral, document the request and the date of the request in writing.

2. Determine the due date for providing the records.

3. Complete the Request for Student Records Log.

4. Notify appropriate staff that a request has been received, including the due date for submission. Use the Records Request Checklist to ensure all appropriate parties are notified of the request.

5. Copy the contents of the student’s special education container and the cumulative record file.

6. Refer to the Sample Letter to Parent Upon Receiving Request from Parent for Records when transmitting the records to the parent.

III. Amendment of Records

A. Parental Request to Amend Records

1. A parent who believes that information in the education records collected, maintained, or used related to the IDEA is inaccurate or misleading or violates the privacy or other rights of the student may make a request to the principal to amend the information.

2. The principal will decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request.

3. If the principal decides to refuse to amend the information in accordance with the request, (s)he shall inform the parent of the refusal and advise the parent of the right to a hearing.

B. Hearings

1. Opportunity for a Hearing. The SDUSD shall, on request, provide an opportunity for a hearing to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student.

2. Result of Hearing

a. If, as a result of the hearing, the Governance Board decides that the information is inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, the SDUSD must amend the information accordingly and so inform the parent in writing.

b. If, as a result of the hearing, the Governance Board decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it must inform the parent of the parent’s right to place in the records that the agency maintains on the student a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the agency.

c. Any explanation placed in the records of the student under this section shall:

1. Be maintained by the agency as part of the records of the student as long as the record or contested portion is maintained by the agency; and

2. If the records of the student or the contested portion are disclosed by the SDUSD to any party, the explanation must also be disclosed to the party.

3. Hearing Procedures. A hearing to consider an amendment of records must be conducted according to the procedures at 34 CFR 99.22.

IV. Parent Consent for Records

A. In General

3. Parent Consent. Parental consent must be obtained before personally identifiable information is disclosed to parties, other than SDUSD officials, unless the information is contained in education records, and the disclosure is authorized without parental consent under 34 CFR part 99. Consent is not required before personally identifiable information is released to SDUSD or CDE officials for purposes of meeting a requirement of this part.

4. Authorized Access. The District shall limit access to those persons authorized to review the student’s record, which includes parents of the student, a student who is at least 16 years old, individuals who have been authorized by the parent to inspect the records, school employees who have a legitimate educational interest in the records, post-secondary institutions designated by the student, and employees of federal, state, and the District.

5. Consent for Release to Transition Agencies. Parental consent or the consent of an eligible student who has reached the age of 18 years must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services.

6. Release to Other LEAs. If a student is enrolled, or is going to enroll in a private school that is not located in the LEA of the parent’s residence, parental consent must be obtained before any personally identifiable information about the student is released between officials in the LEA where the private school is located and officials in the LEA of the parent’s residence.

B. Safeguards

1. SDUSD staff must protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages. Principals must assume responsibility for ensuring the confidentiality of any personally identifiable information relating to IDEA at the school level.

2. All persons collecting or using personally identifiable information receive training or instruction regarding the State’s policies and procedures under §123 and 34 CFR part 99.

3. The SDUSD will maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information.

4. SDUSD will keep a log indicating the time, name, and purpose for access of those individuals who are not employed by the School District.

V. Destruction of information

A. The SDUSD will inform parents when personally identifiable information (i.e., collected, maintained, or used records) are no longer needed to provide educational services to the student.

B. The information shall be destroyed at the request of the parents. However, a permanent record of a student’s name, address, and phone number, his or her grades, attendance record, classes attended, grade level completed, and year completed may be maintained without time limitation.

VI. Student’s Rights

Students with disabilities at the age of 18 years are afforded rights of privacy similar to those afforded to parents. Procedures governing the transfer of rights from students with disabilities to parents for IDEA protections apply to this provision as well. However, SDUSD will provide any notice required under section 615 of the IDEA (pertains to notice of IEP meetings, proposed actions, etc.) to the student and the parents.

Appendix A Disability & Related Services Definitions

DISABILITIES

Autism (Autism Spectrum Disorders)

The student has a developmental disability significantly affecting verbal and nonverbal communication and social interaction; generally evident before age three that adversely affects a student’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.

Deaf-Blindness

The student has concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational problems that they cannot be accommodated in special education programs solely for students with deafness or students with blindness.

If a student has only two disabilities and those disabilities are deafness and blindness, the student must be classified as having deaf-blindness.

Deafness

The student has 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 a child’s educational performance.

Emotional Disturbance

The student has a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a student’s educational performance:

1. An inability to learn that cannot be explained by intellectual, sensory, or health factors;

2. An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;

3. Inappropriate types of behavior or feelings under normal circumstances;

4. A general pervasive mood of unhappiness or depression; and/or

5. A tendency to develop physical symptoms or fears associated with personal or school problems.

Note: Emotional disturbance includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance.

Hearing Impairment

The student has 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.

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The following information may be helpful in determining whether or not there is a hearing impairment:

Db Loss Description of Hearing (Marin SELPA) 0-5 db Normal Not considered a hearing impairment 6-25 db Mild Hearing Loss 25-65 db Moderate Hearing Loss 65-85 db Profound Hearing Loss

1. Deafness is a hearing loss with an unaided pure tone average of 70dB (ANSI) or more in the better ear at 500, 1000, and 2000 Hz. The hearing loss is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification. (LA)

2. Hard of Hearing includes the following

a. Permanent or Fluctuating Hearing Loss- a hearing loss with an unaided pure tone average in the better ear at 500, 1000, and 2000 Hz between 25 and 70 dB (ANSI). The hearing loss is severe enough to be considered educationally significant, as it will to varying degrees impact the normal development of speech and language skills and/or interfere with learning new information through the auditory modality.

b. Unilateral Hearing Loss - a permanent hearing loss with an unaided pure tone average in the poorer ear at 500, 1000, and 2000 Hz of 40 dB (ANSI) or greater. The hearing in the better ear is within the normal range (pure tone average of 20 dB or better at 500, 1000, and 2000 Hz). The hearing loss in the poorer ear is of sufficient severity to be considered educationally significant because it may affect the person's ability to process linguistic information and/or localize sound, particularly in the presence of background noise.

c. High Frequency Hearing Loss - a bilateral hearing loss with an unaided pure tone average of 40 dB or greater at any two of the following frequencies (2000, 3000, 4000 or 6000 Hz). The hearing loss is educationally significant because it is of sufficient severity to impact the person's ability to process linguistic information, particularly in the presence of background noise.

Mental Retardation

The student has significantly below average general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child’s educational performance.

Multiple Disabilities

The student has concomitant impairments (such as mental disability-blindness, orthopedic impairment-deafness, autism-orthopedic impairment, or emotional disturbance-mental disability), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities does not include deaf-blindness.

Orthopedic Impairment

The student has a severe orthopedic impairment that adversely affects a student’s educational performance. The term includes impairments caused by congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis, etc.); and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures). Note: Pregnant minors or students with temporary physical handicaps are not eligible under this section unless they have a disability that meets specified special education criteria.

Other Health Impairment

A pupil has limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that— Is due to chronic or acute health problems, including but not limited to a heart condition, cancer, leukemia, rheumatic fever, chronic kidney disease, cystic fibrosis, severe asthma, epilepsy, lead poising, diabetes, tuberculosis and other communicable infectious diseases, and hematological disorders such as sickle cell anemia and hemophilia. Adversely affects a child’s educational performance

Specific Learning Disability

The student has a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of mental disability, of emotional disturbance, or of environmental, cultural, or economic disadvantage.

Speech or Language Impairment

Speech or Language Impairment means a communication disorder, such as stuttering, impaired articulation, language impairment, or a voice impairment that adversely affects a student's educational performance (dialectal variations alone do not qualify a student to be classified as having speech or language impairment).

Traumatic Brain Injury

Traumatic Brain Injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a student's educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, or motor abilities; psychosocial behavior; physical functions; information processing and speech. The term does not apply to brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma.

Visual Impairment

Visual impairment (including blindness) means an impairment in vision that, even with correction, adversely affects a student’s educational performance. The term includes both partial sight and blindness.

Appendix B Description of Various Related Services

Audiological Services may include:

• Aural rehabilitation (auditory training, speech reading, language habilitation, and speech conservation) and habilitation with individual pupils or groups and support for the hearing-impaired pupils in the general education classroom.

• Monitoring hearing levels, auditory behavior, and amplification for all pupils requiring personal or group amplification in the instructional setting.

• Planning, organizing, and implementing an audiology program for individuals with auditory dysfunctions, as specified in the individualized education program.

• Consultative services regarding test findings, amplification needs and equipment, otological referrals, home training programs, acoustic treatment of rooms, and coordination of educational services to hearing-impaired individuals.

Adapted Physical Education

• Adapted physical education is for students who require developmental or corrective instruction and who are precluded from participation in the activities of the general physical education program, modified general physical education program, or in a specially designed physical education program in a special class.

• Consultative services may be provided to pupils, parents, teachers, or other school personnel for the purpose of identifying supplementary aids and services or modifications necessary for successful participation in the regular physical education program or specially designed physical education programs.

Counseling & Guidance Services

• Counseling and guidance services may be provided when additional counseling and guidance services to supplement the regular guidance and counseling program is required.

• Counseling and guidance services may include:

o Educational counseling in which the pupil is assisted in planning and implementing his or her immediate and long-range educational program.

o Career counseling in which the pupil is assisted in assessing his or her aptitudes, abilities, and interests in order to make realistic career decisions.

o Personal counseling in which the pupil is helped to develop his or her ability to function with social and personal responsibility.

o Counseling and consultation with parents and staff members on learning problems and guidance programs for pupils

Health & Nursing Services may include:

• Providing services by qualified personnel. • Managing the individual's health problems on the school site. • Consulting with pupils, parents, teachers, and other personnel. • Group and individual counseling with parents and pupils regarding health problems. • Maintaining communication with health agencies providing care to individuals.

Mental Health Services

• California law requires that county mental health departments (i.e., the San Diego County Health and Human Services Agency, Children’s Mental Health Services – CMH) provide coordinated mental health services (at no cost to the parent or child) for designated students receiving special education services who meet eligibility criteria (AB2726 Referral, which is named after the assembly bill that is numbered 2726). Through an interagency agreement, CMH provides assessment, recommendations, and mental health services.

• Generally all referrals for CMH services are made only upon the recommendation of a student’s IEP team. Before such a referral is made, all other avenues of support at the school site should be exhausted (e.g.,

behavioral and academic program adjustments and/or supportive counseling by appropriate school staff, and the student continues to exhibit mental health needs that affect his/her ability to learn). A school psychologist must be involved in this meeting and serves as the primary conduit for completing the referral process.

• To facilitate referrals, the school psychologist collects all documents listed on the AB2726 Checklist and provides them to the district’s AB 2726 Coordinator no later than four days from the date of the IEP team’s decision to refer the student to CMH. SDUSD must provide the completed referral packet to CMH within five days of the date that the parent signs the referral form.

• Upon receipt of the referral, CMH contacts the parent to obtain permission to assess the student and assigns an assessor. The AB 2726 Coordinator and referring staff, receives from CMH the name of the assessor and forwards it to the school’s case manager.

• When CMH completes the assessment, a copy of the assessment report is forwarded to the referring school psychologist. Assessors from CMH determine which of three levels of service is appropriate for the student:

Outpatient Therapy: Providing mental health services in a clinic setting, for individual, group, family, and/or medication support.

Day Treatment: Structured therapeutic environment integrated with the student’s educational program.

Residential Treatment: Residential facility is a 24 hour/day, out-of-home placement that has both a mental health and educational component.

• The case manager schedules and ensures that an IEP meeting is held within 50 days from the date the parent signed the CMH assessment plan, contacts the assessor regarding the IEP team meeting; and invites the parent and required district personnel to the meeting (administrator or designee, general education teacher, special education teacher, school psychologist, parent and CMH assessor).

• If CMH services are added to the IEP, a copy of the IEP is forwarded to the district’s AB2726 Coordinator. The district’s AB 2726 Coordinator monitors to ensure that services are provided to the student within 30 days of the IEP. If the student is not receiving services within 30 days, the district’s AB 2726 Coordinator will take steps to make sure that the services begin.

• If at any time a change in CMH services is recommended (e.g. continuation of services, termination), an IEP team meeting must be held and a copy of the IEP must be forwarded to the district’s AB 2726 Coordinator.

Mobility Instruction, may include:

• Specialized instruction for individuals in orientation and mobility techniques. • Consultative services to other educators and parents regarding instructional planning and implementation of the

individualized education program relative to the development of orientation and mobility skills and independent living skills.

Parent Counseling & Training may include:

• Assisting parents in understanding the special needs of their child, and • Providing parents with information about child development.

Psychological Services Other Than Assessment and Development of the IEP

• Counseling provided by a credentialed or licensed psychologist or other qualified personnel. • Consultative services to parents, pupils, teachers, and other school personnel. • Planning and implementing a program of psychological counseling for the student and parents.

Recreation Services include but are not limited to:

• Therapeutic recreation services which are those specialized instructional programs designed to assist pupils in becoming as independent as possible in leisure activities, and when possible and appropriate, facilitate the pupil's integration into regular recreation programs.

• Recreation programs in schools and the community which are those programs that emphasize the use of leisure activity in the teaching of academic, social, and daily living skills; and, the provision of nonacademic and extracurricular leisure activities and the utilization of community recreation programs and facilities.

• Leisure education programs which are those specific programs designed to prepare the pupil for optimum independent participation in appropriate leisure activities, including teaching social skills necessary to engage in leisure activities, and developing awareness of personal and community leisure resources.

Social Worker Services may include:

• Individual and group counseling with the individual and his or her immediate family. • Consultation with pupils, parents, teachers, and other personnel regarding the effects of family and other social

factors on the learning and developmental requirements of individual pupils with exceptional needs. • Developing a network of community resources, making appropriate referral and maintaining liaison

relationships among the school, the pupil with exceptional needs, the family, and the various agencies providing social, income maintenance, employment development, mental health, or other developmental services.

Specialized Physical Health Care

• Specialized physical health care services means those health services prescribed by the child's licensed physician and surgeon requiring medically related training for the individual who performs the services and which are necessary during the school day to enable the child to attend school.

• Standardized procedures means protocols and procedures developed through collaboration among school or hospital administrators and health professionals, including licensed physicians and surgeons and nurses, to be utilized in the provision of the specialized physical health care services.

Vision Services

• Vision services must be provided by a Credentialed teacher of the visually handicapped and may include: − Adaptations in curriculum, media, and the environment, as well as instruction in special skills. − Consultative services to pupils, parents, teachers, and other school personnel.

• An assessment of and provision for services to visually impaired pupils may be conducted by an eye specialist who has training and expertise in low vision disabilities and has available the appropriate low vision aids for the purpose of assessment. The eye specialist may provide consultation to the pupil, parents, teacher and other school personnel as may be requested by the individualized education program team.

• An eye specialist is a licensed optometrist, ophthalmologist, or other licensed physician and surgeon who has training and expertise in low vision disabilities.

Vision Therapy may include:

Remedial and/or developmental instruction provided directly by or in consultation with the optometrist, ophthalmologist, or other qualified licensed physician and surgeon providing ongoing care to the individual.

Appendix C Designated Positive Behavior Interventions

I. Definitions

A. Serious Behavior Problems means behaviors that are self-injurious, assaultive, or cause serious property damage and other severe behavior problems that are pervasive and maladaptive for which instructional/behavioral approaches specified in the student's IEP are found to be ineffective.

B. Behavioral Emergency is the demonstration of a serious behavior problem:

1. Which has not previously been observed and for which a behavioral intervention plan has not been developed; or

2. For which a previously designed behavioral intervention is not effective.

C. Behavioral Interventions 1. Are systematic implementations of procedures that result in lasting positive changes

in the individual's behavior.

2. Are the design, implementation, and assessment of individual or group instructional and environmental modifications, including programs of behavioral instruction, to produce significant improvements in human behavior through skill acquisition and the reduction of problematic behavior.

3. Are designed to provide the individual with greater access to a variety of community settings, social contacts and public events; and ensure the individual's right to placement in the least restrictive educational environment as outlined in the individual's IEP.

4. Do not include procedures causing pain or trauma. They respect the individual's human dignity and personal privacy. Such interventions shall assure the individual's physical freedom, social interaction, and individual choice.

D. Behavioral Intervention Case Manager (BICM) is a designated certificated SDUSD staff member(s) or other qualified personnel of a nonpublic school or agency who has been trained in behavior analysis with an emphasis on positive behavioral interventions. This individual is not intended to be a new staffing requirement and does not create any new credentialing or degree requirements. The duties may be performed by any existing staff member trained in behavior analysis with an emphasis on positive behavioral interventions, including, but not limited to, a teacher, education specialist, school psychologist, or program specialist.

II. Process A. Functional Analysis Assessment (FAA).

1. When Necessary. An FAA:

a. May be provided when a student has behavior(s) that interferes with his/her learning or that of others;

b. Must occur when the IEP team finds that instructional/behavioral approaches specified in the student's IEP have been ineffective exhibits a serious behavior problem that significantly interferes with the implementation of the goals and objectives of the individual's IEP;

c. May occur when a parent requests an FAA.

2. Parental Consent. Prior to conducting the assessment, parent notice and consent are required, following the procedures described in Chapter 6.

3. Sources. FAA personnel gather information from three sources: direct observation, interviews with significant others, and review of available data such as assessment reports prepared by other professionals and other individual records.

4. FAA Procedure: An FAA includes all of the following:

a. Observe Behavior. Systematic observation of the occurrence of the targeted behavior for an accurate definition and description of the frequency, duration, and intensity;

b. Observe Immediate Antecedent Events. Systematic observation of the immediate antecedent events associated with each instance of the display of the targeted inappropriate behavior;

c. Observe & Analyze Consequences. Systematic observation and analysis of the consequences following the display of the behavior to determine the function the behavior serves for the individual, i.e., to identify the specific environmental or physiological outcomes produced by the behavior. The communicative intent of the behavior is identified in terms of what the individual is either requesting or protesting through the display of the behavior;

d. Ecological Analysis of the Settings in which the behavior occurs most frequently. Factors to consider include the physical setting, social setting, activities and nature of instruction, scheduling, quality of communication between the individual and staff and other students, degree of independence, degree of participation, amount and quality of social interaction, degree of choice, and variety of activities;

e. Review of Records for health and medical factors which may influence behaviors (e.g. medication levels, sleep cycles, health, diet); and

f. Review of History of the behavior to include the effectiveness of previously used behavioral interventions.

5. Qualifications. An FAA must be conducted by, or be under the supervision of a person who has documented training in behavior analysis with an emphasis on positive behavioral interventions.

B. Functional Analysis Assessment Reports. Following the assessment, prepare a written report of the assessment results and provide a copy to the parent. The report includes:

1. Description of the nature and severity of the targeted behavior(s) in objective and measurable terms;

2. Description of the targeted behavior(s) that includes baseline data and an analysis of the antecedents and consequences that maintain the targeted behavior, and a functional analysis of the behavior across all appropriate settings in which it occurs;

3. Description of the rate of alternative behaviors, their antecedents and consequences; and

4. Recommendations for consideration by the IEP team which may include a proposed plan.

C. Behavioral Intervention Plans (BIPs). Upon completion of the FAA, an IEP team meeting is held to review the FAA results and, if necessary, to develop a BIP. The IEP

team includes the behavioral intervention case manager. The BIP becomes a part of the IEP and is written with sufficient detail so as to direct implementation of the plan.

1. BIP Contents. The plan includes the following components:

a. Relevant Information. Summary of relevant and determinative information gathered from a functional analysis assessment, including an objective and measurable description of the targeted maladaptive behavior(s) and replacement positive behavior(s).

b. Measurable Goals & Objectives. Measurable goals and objectives specific to the BIP;

d. Behavior Interventions. Detailed description of the behavioral interventions to be used and the circumstances for their use, including school-based interventions and those that will be used in other settings, such as the home, resident facility, work site or other noneducational settings, and materials needed for implementation;

e. Data Collection & Criteria for Modifying Interventions. Specific schedules for recording the frequency of interventions and the targeted and replacement behaviors, including specific criteria for discontinuing the intervention’s use for lack of effectiveness or replacing it with an identified and specified alternative. See Assessment of BIP Effectiveness, below at Section D.

f. Proactive Strategies;

g. Reactive Strategies; h. Schedules, specifically recording the frequency of the use of interventions and of

targeted and replacement behaviors, including specific criteria for discontinuing the use of intervention for lack of effectiveness or replacing it with an identified or specified alternative;

i. Phase-out/Fade, including criteria by which the procedure will be faded or phased-out of less intense, frequent restrictive behavioral intervention schedules or techniques will be used; and

j. Projected Review, Actual Review, & Outcomes. 2. Additional Information about Interventions. Based upon the results of the FAA,

positive programming for behavioral intervention may include the following:

a. Antecedent Alteration. Altering the identified antecedent event to prevent the occurrence of the behavior (e.g., providing choice, changing the setting, offering variety and a meaningful curriculum, removing environmental pollutants such as excessive noise or crowding, establishing a predictable routine for the student);

b. Alternative Behaviors. Teaching the student alternative behaviors that produce the same consequences as the inappropriate behavior (e.g., teaching the student to make requests or protests using socially acceptable behaviors, to participate with alternative communication modes as a substitute for socially unacceptable attention-getting behaviors, providing activities that are physically stimulating as alternatives for stereotypic, self-stimulatory behaviors);

c. Adaptive Behaviors. Teaching adaptive behaviors (e.g., choice-making, self-management, relaxation techniques, and general skill development) which ameliorate negative conditions that promote the display of inappropriate behaviors; and

d. Positive Reinforcement. Manipulating the consequences for the display of targeted inappropriate behaviors and alternative, acceptable behaviors so that it is the alternative behaviors that more effectively produce desired outcomes (i.e., positively reinforcing alternative and other acceptable behaviors and ignoring or redirecting unacceptable behaviors).

e. Positive Approaches. In general, the interventions should involve positive approaches that require looking at problematic behavior from various perspectives including:

− Examining all aspects of a student’s life, including environmental, relationships, activities, dreams (i.e., the whole person);

− Getting to know the unique qualities and personal history of the student; − Listening to the student; − Assuming that all behavior has meaning and that behavior communicates

wants and needs; − Focusing on increases in desirable behavior rather than decreasing undesirable

behavior through punishment; − Building skills and competencies, creating opportunities, and offering choices; − Viewing behavior support not as a “supplement” to curriculum, but rather

infused into all aspects of teaching and learning; and − Providing viable on-going support alternatives.

3. Acceptable Responses. When the targeted behavior(s) occurs, positive response options include but are not limited to one or more of the following:

a. Ignoring. The behavior (but not the student) is ignored;

b. Redirection. Verbal or verbal and physical redirection to an activity;

c. Feedback. Provision of feedback to student (e.g., "You are talking too loudly");

d. Acknowledgement. The message of the behavior is acknowledged (e.g. "You are having a hard time with your work"); or

e. Brief Physical Prompt. A brief, physical prompt is provided to interrupt or prevent aggression, self-abuse, or property destruction.

4. Other BIP Requirements. a. Life Setting Appropriateness. To the extent possible, BIPs are developed and

implemented in a consistent manner appropriate to students’ life settings.

b. Distribution of BIP. The case manager provides a copy of the plan to all individuals, including the parent, involved in the education of the student. In addition, the plan is provided to the person or agency responsible for implementation in noneducational settings.

c. IEP Team Role. The IEP team facilitates and supervises all assessments, intervention, and assessment activities related to a BIP.

d. Qualified Staff. BIPs can only be implemented by or be under the supervision of staff with documented training in behavior analysis, including the use of positive behavioral interventions.

e. Use of Positive Interventions. Positive behavioral interventions shall only be used to replace specified maladaptive behavior(s) with alternative acceptable behavior(s).

f. Intrusive Behavioral Interventions that cause pain or trauma cannot be used to eliminate any maladaptive behavior.

g. Behavioral Emergency Interventions are not a substitute for a BIP.

D. Assessment of the BIP Effectiveness. The effectiveness of the BIP is determined through the following procedures:

1. Baseline Data. Baseline measures of the frequency, duration, and intensity of the targeted behavior, taken during the FAA. Baseline data shall be taken across activities, settings, people, and times of the day. The baseline data shall be used as a standard against which to evaluate intervention effectiveness;

2. Data Measures. Measures of the frequency, duration, and intensity of the targeted behavior shall be taken after the BIP is implemented at scheduled intervals determined by the IEP team. These measures are taken across activities, settings, people, and times of day, and may record data in terms of time spent acting appropriately rather than time spent engaging in inappropriate behavior;

3. Documentation. Documentation of program implementation as specified in the behavioral intervention plan (e.g., written instructional programs and data, descriptions of environmental changes); and

4. Review of Data. Measures of program effectiveness will be reviewed by the teacher, the behavioral intervention case manager, parent or care provider, and others as appropriate at scheduled intervals determined by the IEP team. This review may be conducted in meetings, by telephone conference, or by other means, as agreed upon by the IEP team.

5. Increasing Effectiveness. If the IEP team determines that changes are necessary to increase program effectiveness, the teacher and behavioral intervention case manager conduct additional FAAs and based on the outcomes propose changes to the BIP.

E. Modifications without IEP Team Meeting. Minor modifications to the BIP can be made by the behavioral intervention case manager and the parent or parent representative agree. If the case manager is unavailable, a qualified designee can participate in such modifications. Each modification or change shall be addressed in the BIP provided that the parent, or parent representative, is notified of the need and is able to review the existing program assessment data prior to implementing the modification or change. The behavioral intervention case manager must inform the parents of their right to question any modification to the plan through the IEP procedures.

F. Contingency BIPs. Nothing in this section is intended to preclude the IEP team from initially developing the BIP in sufficient detail to include schedules for altering specified procedures, or the frequency or duration of the procedures, without the necessity for reconvening the IEP team. Where the intervention is to be used in multiple settings, such as the classroom, home and job sites, those personnel responsible for implementation in the other sites must also be notified and consulted prior to the change.

G. Emergency Interventions. Emergency interventions may only be used to control unpredictable, spontaneous behavior which poses clear and present danger of serious physical harm to the individual or others and which cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior. See additional information about Emergency Response Procedures at the end of this chapter.

1. Not Substitute for BIP. Emergency interventions shall not be used as a substitute for the systematic BIP that is designed to change, replace, modify, or eliminate a targeted behavior.

2. Approved Behavioral Emergency Interventions. Whenever a behavioral emergency occurs, only behavioral emergency interventions (Administrative Procedure 4907) approved by the special education local planning area (SELPA) may be used.

3. Duration. No emergency intervention shall be employed for longer than is necessary to contain the behavior. Any situation which requires prolonged use of an emergency intervention shall require staff to seek assistance of the school site administrator or law enforcement agency, as applicable to the situation.

4. Prohibited Interventions. Emergency interventions may not include:

a. Locked Seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room;

b. Immobilization. Employment of a device or material or objects which simultaneously immobilize all four extremities, except that techniques such as prone containment may be used as an emergency intervention by staff trained in such procedures; and

c. Unreasonable Force. An amount of force that exceeds that which is reasonable and necessary under the circumstances

5. Notice to Parents. To prevent emergency interventions from being used in lieu of planned, systematic behavioral interventions, the parent must be notified within one school day whenever an emergency intervention is used or serious property damage occurs.

6. Diagnostic Center for Positive Change. As appropriate, a referral may be made to the Diagnostic Center for Positive Change Referral form.

H. Behavioral Emergency Reports. Reports must immediately be completed and maintained in the student’s file.

1. Contents. The report must include all of the following:

a. The name and age of the individual;

b. The setting and location of the incident;

c. The name of the staff or other persons involved;

d. A description of the incident and the emergency intervention used, and whether the individual is currently engaged in any systematic behavioral intervention plan; and

e. Details of any injuries sustained by the individual or others, including staff, as a result of the incident.

2. Review. All Behavioral Emergency Reports must immediately be forwarded to, and reviewed by a designated responsible administrator.

3. Student without BIP. Anytime a Behavioral Emergency Report is written for a student who does not have a BIP, the designated responsible administrator must within two days schedule an IEP meeting to review the emergency report, determine the necessity for an FAA, and determine the necessity for an interim BIP. The IEP

team must document the reasons for not conducting the FAA and/or not developing an interim plan.

4. Student with BIP. Anytime a Behavioral Emergency Report is written for a student with a BIP, any incident involving a previously unseen serious behavior problem or where a previously designed intervention is not effective should be referred to the IEP team to review and determine if the incident constitutes a need to modify the plan.

5. Reporting Data. The principal/designee submits Behavioral Emergency Report data to the Compliance Department. SDUSD annually reports the number of Behavioral Emergency Reports to CDE and the Advisory Commission on Special Education.

Upon adoption, these procedures shall be available to all staff members and parents whenever a behavioral intervention plan is proposed. At a minimum, the plan shall include:

6. Behavior Intervention Case Managers (BICM). Qualified and trained personnel serve as behavioral intervention case managers. Their training includes behavior analysis, with an emphasis on positive behavioral interventions, and emergency behavioral interventions. These individuals coordinate and assist in conducting the FAA and the development of the BIP.

I. Prohibitions. No SDUSD staff or individual responsible for educating and serving students within the SDUSD may authorize, order, consent to, or pay for any of the following interventions, or any other interventions similar to or like the following:

1. Pain. Any intervention that is designed to, or likely to, cause physical pain;

2. Odors. Releasing noxious, toxic or otherwise unpleasant sprays, mists, or substances in proximity to the individual's face;

3. Basic Needs. Any intervention which denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities;

4. Abuse. Any intervention which is designed to subject, used to subject, or likely to subject the student to verbal abuse, ridicule or humiliation, or which can be expected to cause excessive emotional trauma;

5. Restrictive Interventions which employ a device or material or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment, except that prone containment or similar techniques may be used by trained personnel as a limited emergency intervention;

6. Locked Seclusion, except it is in a facility otherwise licensed or permitted by state law to use a locked room;

7. Inadequate Supervision. Any intervention that precludes adequate supervision of the student; and

8. Sense Deprivation. Any intervention which deprives the individual of one or more of his/her senses.

J. Due Process Hearings. The provisions of this chapter related to functional analysis assessments and the development and implementation of BIPs are subject to the due process hearing procedures described in Chapter 6. No hearing officer may order the implementation of a behavioral intervention that is otherwise prohibited by this section, SDUSD policy, or by any other applicable statute or regulation

K. Emergency Response Procedures. In the event of an emergency at a school site involving a student with disability, district procedures should be followed. Emergency procedures are located

on the district’s website under Board of Education – Policies and Procedures. These procedures cover emergencies, e.g., shootings, suicides, bomb threats, weapons, etc. Staff should be familiar with these emergency procedures and their site procedures to be prepared in the event of a crisis.

L. Site Administrator Responsibility. The site administrator has primary decision-making responsibility in the event of an emergency and uses the site plan to address the emergency. Accordingly, it is not necessary to contact the district’s special education program division. Once the emergency is resolved, the procedures described above must be followed. For example, if appropriate, an IEP meeting may be necessary to make a manifestation determination, review placement, and prepare/review a BIP.

a. Support. Each school site has a Site Crisis Response Team that has received training for first line of support to faculty, staff and students. SDUSD also has a Crisis Response Team that has received training in the area of disasters, crisis and necessary follow-up activity.

b. Additional Assistance. Staff may call school police at (619) 291-7678 or dial “911” if an emergency exists. Emergency mental health care is available 24 hours/day at the San Diego Mental Health Services at (619) 692-8200.

Appendix D

Commonly Used Abbreviations and Acronyms

Disability Areas

Autism AUT Communicatively Handicapped CH Deaf/Blind D/B Deaf Deaf Deaf and Hard of Hearing DHH Emotional Disturbance ED Hard of Hearing HH Hearing Impairment HI Learning Disability LD Mental Disability MD Mental Retardation MR Multiple Disability MD Multihandicapped MH Orthopedic Handicapped OH Orthopedic Impairment OI Other Health Impairment OHI Pervasive Developmental Disorders PDD Physical Disability PD Physical and Health Disabilities PH Serious Emotional Disturbance SED Severe Disability SD Severe Handicapped SH Severe Learning Disability SLD Severe Orthopedic Impairment SOI Speech/Language Impairment S/LI Traumatic Brain Injury TBI Visual Handicap VH Visual Impairment VI

Commonly Used Abbreviations & Acronyms

Abbreviated Stanford Achievement Test ASAT Activities of Daily Living ADL Adaptive Behavior AB Adaptive Behavior Scale ABS Adapted Physical Education APE American Association on Mental Retardation AAMR Association for Retarded Citizens ARC Americans with Disabilities Act ADA Attention Deficit Disorder ADD Attention Deficit Hyperactivity Disorder ADHD Alternative Dispute Resolution ADR American Sign Language ASL Assistive Technology AT Autism Behavior Checklist ABC Board of Elementary and Secondary Education BESE Behavioral Intervention Plan BIP Behavior Support Plan BSP Bilingual Cross-cultural, Language & Academic Development BCLAD California Alternate Performance Assessment CAPA California Children’s Services CCS California Department of Education CDE California English language Development Test CELDT California High School Exit Exam CAHSEE California School for the Blind CSB Center for Positive Change CPC Cerebral Palsy CP Certified Occupational Therapy Assistant COTA Childhood Autism Rating Scale CARS Cognitive Disability CD Community Advisory Committee (Special Education) CAC SE Community-Based Instruction CBI Community Service Center for the Disabled CSCD Council for Exceptional Children CEC County Mental Health CMH Cross-cultural, Language and Academic Development CLAD Department of Rehabilitation DR Department of Social Services DSS Designated Instruction & Services DIS Developmental Delay DD Diagnostic Resource Teacher DRT

Diagnostic and Statistical Manual of Mental Disorders by the American Psychiatric Association DSM

Early Childhood EC Early Intervention (Infants and Toddlers) EI Early Periodic Screening, Diagnosis and Treatment EPSDT Employability Counseling Services ECS English Learner ELL English Learner EL English for Limited-English-Proficient Students ELEPS Elementary and Secondary Education Act ESEA English as a Second Language ESL Extended School Year ESY Fluent-English Proficient FEP Free Appropriate Public Education FAPE Fetal Alcohol Syndrome FAS Functional Analysis Assessment FAA Family Educational Rights and Privacy Act FERPA Freedom of Information Act FOIA Hearing Impairment HI Health and Human Services Agency HHSA Health Insurance Portability and Accountability Act HIPPA Hearing Officer HO Home Language Survey HLS Idea Proficiency Test IPT Individuals with Disabilities Education Act IDEA Independent Educational Assessment IEE Individualized Education Program/Plan IEP Individualized Service Plans ISP Instructional/Behavioral Technician IBT Intelligence Quotient IQ Integrated Life Skills ILS Interdistrict Attendance Agreement IAA Interdistrict Attendance Permit IAP Interim Alternative Education Setting IAES Juvenile Court and Community Schools JCCS Kaufman Assessment Battery for Children K-ABC Language Development Specialist LDS Language, Speech and Hearing LSH Least Restrictive Environment LRE Learning Disabilities Association LDA Local Education Agency LEA Licensed Children’s Institution LCI

Licensed Clinical Social Worker LCSW Limited English Proficient LEP Manifestation Determination MD Mental Retardation MR Movement Opportunities Via Education MOVE Multiple Disabilities MD Multi-Agency Referral Review Team MARRT Nonpublic Agency NPA Nonpublic School NPS Orientation and Mobility O&M Obsessive-Compulsive Disorder OCD Occupational Therapy/Therapist OT Office for Civil Rights OCR Oppositional Defiant Disorder ODD Outreach and Early Intervention Project OEIP Overall Proficiency Levels OPL Parentally Placed Private School Students PPPSS Personalized Assistive Technology Hub PATH Physical Education PE Physical Therapy/Therapist PT Positive Behavior Supports PBS Progressive Academic Curriculum Enrichment PACE Residential Treatment Center RTC Response to Intervention RTI San Diego City Schools SDCS San Diego County Office of Education SDCOE San Diego Oral Assessment Instrument SDOAI San Diego Unified School district SDUSD Scholastic Aptitude Test SAT School Attendance Review Board SARB School-Initiated Placement SIT School-to-Work Transition Assistant STWTA Schoolwide Applications Model SAM Sensory Behavioral Integration SBI Services for Pre-Primary Age Children SPPAC Social Worker SW Social Security Number SSN Special Education SE Special Education Assistant SEA Special Education Early Childhood SEEC Special Education Hearing Office SEHO Special Education Limited English Proficient SELEP Special Education Local Planning Area SELPA

Special Education Division SPED Special Education Parent Facilitator SEPF Special Education Service Plan SESP Special Education Technician SET Specially Designed Academic Instruction in English SDAIE Speech/Language Pathologist SLP Standardized Testing and Reporting Program STAR State Educational Agency SEA Student Apprenticeship Program SAP Student Information System SIS Student Study Team SST Successful Transitions Achieved Through Responsive Support STARS Supplemental Security Income SSI Traumatic Brain Injury TBI Telecommunications Device for the Deaf TDD Teletypewriter TY Tourette Syndrome TS Transition Partnership Program (Project GOLD) TPP Transition Plan TP Transition Resources for Adult Community Education TRACE United Cerebral Palsy UCP U.S. Department of Education DOE Vocational Education VE Voluntary Ethnic Enrollment Program VEEP Vocational Rehabilitation Counselor VRC Visual Impairment VI Wechsler Intelligence Scale for Children WISC Program for Women, Infants and Children (Federal Grant) WIC Youth Opportunities Unlimited YOU

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Appendix E

Web Site Links

Addressing the Needs of Students with Learning Difficulties Through the Response to Intervention (RTI) Strategies http://www.nasdse.org/ click on ‘Publications’.

ADHD Identifying and Treating Attention Deficit Hyperactivity Disorder: A Resource for School and Home, at http://www.ed.gov/rschstat/research/pubs/adhd/adhd-identifying.html click on ‘PDF’.

Alternate Assessments Testing Students with Disabilities, Practical Suggestions for Complying with district and State Requirements, 2nd Edition, which gives practical and meaningful strategies at http://www.corwinpress.com/booksProdDesc.nav?prodId=Book225832&

Berrien County (MI) Intermediate School district Procedure Handbook: Emotional Impairment http://www.remc11.k12.mi.us/bcisd under Special Education click on ‘Educator/Administrator Resources’ then under Forms/Manuals click on ‘EI Guidelines’.

Building Team Consensus Nebraska Department of Education’s website http://www.nde.state.ne.us/SPED/iepproj/appa/fac.html

California Department of Education, Special Education Division http://www.cde.ca.gov/sp/se/

Center on California Department of Education (CDE) Student Testing Web Page http://www.cde.ca.gov/ta/tg/sa/

Center for Accelerating Student Learning (CASL) http://kc.vanderbilt.edu/casl Center on Instruction http://www.centeroninstruction.org/

Facilitated IEPs www.directionservice.org/cadre/conf2000/session.cfm?seriesid=1&trackid=5

Florida Center for Reading Research http://www.fcrr.org

IDEA: Law and Regulations and OSEP Topic Briefs http://IDEA_Law_and_Regulations

Inclusive Schooling National Institute for Urban School Improvement, Improving Education, The Promise of Inclusive Schooling www.inclusiveschools.org/

Institute for the Development of Educational Achievement http://reading.uoregon.edu

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Institute for Reading Research http://www.smu.edu/teacher_education/irr/index.asp

Intervention Central www.interventioncentral.org

Joe Witt – Provides proven practices and the focus is on sharing resources and information related to Response to Intervention (RTI), Instruction, and progress monitoring. www.joewitt.org

National Center for Culturally Responsive Educational Systems http://www.nccrest.org

National Center on Positive Behavior Interventions and Supports http://www.pbis.org/

The TA Center on Positive Behavioral Interventions and Supports has been established by the Office of Special Education Programs, US Department of Education to give schools capacity-building information and technical assistance for identifying, adapting, and sustaining effective school-wide disciplinary practices.

National Center on RTI The Center’s mission is to provide technical assistance to states and districts and building the capacity of states to assist districts in implementing proven models for RTI/EIS. http://www.RTI4success.org/

National Center on Student Progress Monitoring http://www.studentprogress.org National Reading First Technical Assistance Center www.readingfirstsupport.us/default.asp?aRTIcle_id=10

Office for Civil Rights www.ed.gov/about/offices/list/ocr/index.html

Office of Special Education Programs http://www.ed.gov/about/offices/list/osers/osep

Oregon Reading Center http://reading.uoregon.edu/

Parent Resources U.S. Office of Special Education Programs http://www.ed.gov/parents/needs/speced/resources.html#Parents

Positive Behavior Supports http://www.nasponline.org/publications/index.aspx

Reading Rockets http://www.readingrockets.org

RTI Action Network. The RTI Action Network is dedicated to the effective implementation of Response to Intervention (RTI) in school districts nationwide. Its goal is to guide educators and families in the large-scale implementation of RTI so that each child has access to quality instruction and that struggling students – including those with learning disabilities – are identified early and receive the necessary supports to be successful. http://www.RTInetwork.org/

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Social Maladjustment v Emotional Disturbance A Guide to Differential Diagnosis and Educational Options published by the Wayne County, Michigan Regional Educational Service Agency, Revised 2004 at http://www.resa.net/services/spedcompliance/guidelinesandpublications/ click on ‘Social Maladjustment’. Also see Emotional Impairment at http://www.remc11.k12.mi.us/bcisd/ed-adm_resources.htm under Forms/Manuals click on ‘Emotional Impairment’.

What Works Clearinghouse www.whatworks.ed.gov Vaughn Gross Center for Reading and Language Arts www.texasreading.org