For Special Education

WEST END SPECIAL EDUCATION LOCAL PLAN BP 6159.1 AREA

CLASSIFICATION: INSTRUCTION Adopted: 9/10 Revised: 00/00/00 First Reading: 3/20/15 SUBJECT: PROCEDURAL SAFEGUARDS; Second Reading: 4/24/15 COMPLAINTS FOR SPECIAL EDUCATION Adopted: 5/29/15

The Superintendents’ Council desires to protect the rights of students with disabilities in accordance with the procedural safeguards set forth in state and federal law. Parents/guardians shall receive written notice of their rights in accordance with law, Board policy, and administrative regulation.

It shall be the policy of the LEAs that children with disabilities and their parents shall be afforded all procedural safeguards throughout the provision of a free appropriate public education (FAPE), including the identification, evaluation, and placement process. The LEAs shall protect the rights of students with disabilities in accordance with the procedural safeguards set forth in state and federal law. Parents/guardians shall receive written notice of their rights in accordance with law, Board policy, and administrative regulation. Procedural Safeguards are provided by CDE, at least once a school year, including the right to a due process hearing for any dispute related to identification, assessment or educational placement of a child or the provision of a free, appropriate public education to the child. In order to protect the rights of students with disabilities and their parents/guardians, the West End SELPA and its member districts shall follow all procedural safeguards as set forth in law.

Procedural Safeguards A copy of the procedural safeguards shall be made available to parents/guardians of students with a disability once each school year, and:

 Upon initial referral or parent/guardian request for assessment

 With the provision of any assessment plan

 Upon receipt of the first state compliance compliant and upon receipt of the first due process complaint in a school year

 When a decision is made to remove a student because of a violation of a code of conduct which constitutes a change of placement

 Upon request by a parent/guardian.

WESELPA BP 6159.1 Page 1 of 5 The procedural safeguards notice shall be in a language easily understood by the general public and in the parent/guardian’s native language or other mode of communication used by them, unless to do so is clearly not feasible. If the native language or other mode of communication of the parent/guardian is not a written language, the district shall take steps to ensure that the notice is translated orally or by other means and that the parent/guardian understands the contents of the notice.

The District may place a copy of the procedural safeguards notice on the district’s website.

A student shall not be required to participate in all or part of any special education program unless the parent/guardian is first informed in writing of the facts that make participation in the program necessary or desirable and the contents of the IEP, and the parent/guardian consents, in writing, to all or part of the IEP after receiving this notice. If the parent/guardian does not consent to all of the components of the IEP, then those components of the IEP to which the parent/guardian has consented shall be implemented so as not to delay providing instruction and services to the student. (Education Code 56346)

Prior written notice shall be given by the public agency to parents or guardians of an individual with exceptional needs, or to the parents and guardians of a child upon initial referral for assessment, and when the public agency proposes to initiate or change, or refuses to initiate or change, the identification, assessment, or educational placement of the child, or the provision of a free appropriate public education to the child, and before the student graduates from high school with a regular diploma thus resulting in a change of placement. (Education Code 56500.4)

A parent/guardian and/or the district may initiate due process hearing procedures whenever:

 There is a proposal to initiate or change the student’s identification, assessment or educational placement or the provision of FAPE to the student

 There is a refusal to initiate or change the student’s identification, assessment or educational placement or the provision of FAPE to the student

 The parent/guardian refuses to consent to an assessment of his/her child

 There is a disagreement between a parent/guardian and the district regarding the availability of a program appropriate for the student, including the question of financial responsibility.

Prior to having a due process hearing, the party requesting the hearing, or the party’s attorney, shall provide the opposing party a due process complaint, which shall remain confidential, in accordance with EC 56502. A due process complaint must be

WESELPA BP 6159.1 Page 2 of 5 filed within two years of the date that the parent/guardian or district know or should have known about the situation that forms the basis of the complaint.

The Superintendent or designee shall represent the district in any due process hearing conducted with regard to district students and shall inform the Board about the results of the hearing.

A district shall respond in writing to the parent/guardian’s due process complaint within ten days of receipt. A district shall convene, prior to the opportunity for an impartial due process hearing, a resolution session, which is a meeting with the parents and the relevant member or members of the IEP team who have specific knowledge of the facts identified in the due process hearing request (Education Code 56501.5). The party requesting the due process hearing shall not be allowed to raise issues at the hearing that were not raised in the notice filed under this section unless the other party agrees otherwise (Education Code 56502).

While a due process hearing is pending, the district or LEA superintendent or designee may choose to meet informally with the parent/guardian pursuant to Education Code 56502 or may hold a mediation conference pursuant to Education Code 56500.3. If a resolution is reached to resolve the due process issue(s), the parties shall execute a legally binding agreement that sets forth the resolution. The written agreement shall be signed by both the parent and the representative of the agency who has the authority to bind such agency and shall be enforceable in any state court of competent jurisdiction or in a federal district court of the United States (Education Code 56500.0). If a due process hearing is held, the hearing decision shall be the final administrative determination and shall be binding upon the parties. (Education Code 56505)

Parent/Guardian Notice The district or LEA superintendent or designee shall send parents/guardians notice of the IEP team meetings early enough to ensure that they will have an opportunity to attend. This notice shall: (34 CFR 300.322).

1. Indicate the purpose, time and location of the meeting

2. Indicate who will be in attendance at the meeting

3. Inform the parents/guardians of the provisions of 34 CFR 300.321(a)(6) and (c), relating to the participation of other individuals on the IEP team who have knowledge or special expertise about the student

4. For students age 16, or younger if appropriate:

a. Indicate that the purpose of the meeting is the consideration of needed transition services for the student as required by 34 CFR 300.320(b)(2)

WESELPA BP 6159.1 Page 3 of 5 b. Indicate that the district will invite the student to the IEP meeting

c. Identify any other agency that will be invited to send a representative

Complaints West End SELPA and member districts shall follow West End SELPA policies and regulations that identify the person(s), employee(s), agency position(s) or unit(s) responsible for ensuring compliance with state and federal law and for receiving and investigating complaints alleging noncompliance or discrimination.

The Superintendent or designee shall address a complaint concerning compliance with state or federal law regarding special education in accordance with the district’s uniform complain procedures. Parents may file a compliance complaint regarding special education through the California Department of Education Special Education Division. Complaints concerning compliance with state or federal law regarding special education may also be addressed in accordance with the district’s uniform complaint procedures.

Legal References: EDUCATION CODE 56000 Education for Individuals with Disabilities 56001 Provision of the Special Education Programs 56020-56035 Definitions 56195.7 Written Agreements 56195.8 Adoption of Policies for Programs and Services 56300-56385 Identification and Referral, Assessment 56345.1 Transition Services Needs 56346 Informed consent 56440-56447.1 Programs for Individuals Between the Ages of Three and Five Years 56500-56509 Procedural Safeguards, Including Due Process Rights 56500.3 Prehearing Mediation conference 56500.4 Prior Written Notice 56501.5 Resolution Session 56502 Due Process Hearing Requests 56503 Mediation Conference 56505 State Hearings 56507 Attorney Fees to prevailing party 56600-56606 Evaluation, Audits and Information UNITED STATES CODE CODE OF REGULATIONS, TITLE 5 3000-3100 Regulations Governing Special Education 4600-4671 Complaint Procedures UNITED STATES CODE, TITLE 20 1232g Family Education Rights and Privacy Act of 1974 1400.1482.1 Individuals with Disabilities Education Act

WESELPA BP 6159.1 Page 4 of 5 UNITED STATES CODE, TITLE 29 794 Section 504 of the Rehabilitation Act UNITED STATES CODE, TITLE 42 11434 Homeless Assistance CODE OF FEDERAL REGULATIONS, TITLE 34 99.10-99.22 Inspection, Review and Procedures for Amending Education Records 104.36 Procedural Safeguards 300.1.300.818 Assistance to States for the Education of Students with Disabilities, especially: 300.500-300.520 Procedural Safeguards and Due Process for Parents and Students

COURT DECISIONS Winkelman v. Parma City School District, (2007) 550 U.S. 516

MANAGEMENT RESOURCES: FEDERAL REGISTER Final Regulations, December 1, 2008, Vol. 73, No. 231, pages 73006-73029 WEBSITES: California Department of Education, Special Education: http://www.cde.ca.gov/sp/se U.S. Department of Education, Office of Special Education Programs: http://www.ed/gov/about/offices/list/osers/osep

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