1 SECTION 0000 BOARD POLICY PHILOSOPHY-GOALS-OBJECTIVES BP 0430 AND COMPREHENSIVE PLANS SPECIAL EDUCATION COMPREHENSIVE LOCAL PLAN The Governing Board recognizes that, under Federal law, all individuals with exceptional needs have a right to participate in free, appropriate, public education. Special education instruction and services shall be provided for these persons in order to ensure them the right to an appropriate educational opportunity to meet their unique needs. In order to meet the needs of individuals with exceptional needs, the district participates as a member of the Ventura County Special Education Local Plan Area (SELPA). The Superintendent or designee shall extend the district's full cooperation to the SELPA. The policies and regulations of the SELPA shall be applied as policies and regulations of this district, with the exception of those that apply to complaints. These policies and procedures are compiled in the Ventura County SELPA Local Plan. In accordance with law, the Community Advisory Committee of the Ventura County SELPA makes suggestions for the development, amendment and reviews of the local plan, recommends annual priorities, promotes parent/guardian and community involvement, assists in parent/guardian education, and supports activities on behalf of individuals with exceptional needs. It is the Governing Board's expectation that, in addition to achieving the individual goals, Special Education students will demonstrate the following outcomes: - that they will maintain a cumulative grade point average (GPA) of at least 2.0, or a "C" average; - that they will maintain grade level status with their graduating class; - that they will pass their proficiency tests prior to the end of grade 12; - that they will not have a dropout rate in excess of the norm for the school. Legal Reference: EDUCATION CODE 5600 Education for Individuals With Exceptional Needs Provision of the Special Education Programs Definitions Duties of County Office School Districts Community Advisory Committees Contents of the Local Plan
2 SPECIAL EDUCATION COMPREHENSIVE LOCAL PLAN - BP 0430 (CONT.) Page Local Plan Areas With Small or Sparse Populations Written Agreements Adoption of Policies For Programs and Services Staff development Identification and Referral, Assessment, Instructional Planning, Implementation, and Review Program for Individuals Between the Ages of Three and Five Years Procedural Safeguards, Including Due Process Rights Evaluation, Audits and Information CODE OF REGULATIONS, TITLE Regulations Governing Special Education (In General), Especially 3000 Scope of Regulations Identification, Referral, and Assessment Instructional Planning and Individualized Education Program Implementation (Program Components) Nonpublic, Nonsectarian School and Agency Services 3080 Application of Section Due Process Hearing Procedures Uniform Complaint Procedures UNITED STATES CODE, TITLE et seq. Individuals with Disabilities Education Act UNITED STATES CODE, TITLE et seq. Rehabilitation Act of 1973 CODE OF FEDERAL REGULATIONS, TITLE Inspection, Review and Procedures For Amending Education Records Due Procedures for Parents and Children MANAGEMENT RESOURCES: CDE LEGAL ADVISORIES Interagency Coordination Enforcement SCHOOL-BASED PROGRAM COORDINATION ACT, PAC: 89/ Low Incidence Funding Update, FY Implementation of New Procedures for Noncompliance, CCPMD: 89/ Special Education - Occupational Therapy and Physical Therapy, SPB: 89/90-5
3 SPECIAL EDUCATION COMPREHENSIVE LOCAL PLAN - BP 0430 (CONT.) Page 3 Board Policy References BP 6159 BP BP BP BP Individualized Education Programs Procedural Safeguards and Complaints NonPublic NonSectarian School and Agency Services Appointment of Surrogate Parent Identification of Individuals with Exceptional Needs ADOPTED: 10/26/77; Rev. 11/12/86, 3/14/91 REVISION/REDESIGNATION: 8/25/93 (BP Special Education) REVISION: 4/27/94
4 SECTION 0000 ADMINISTRATIVE PROCEDURES PHILOSOPHY-GOALS-OBJECTIVES AP 0430 COMPREHENSIVE PLANS COMPREHENSIVE LOCAL PLAN FOR SPECIAL EDUCATION The Superintendent and/or designee will ensure district compliance with Federal and State laws and regulations for special education. Further, the District will operate in accordance with the Ventura County Special Education Local Plan (SELPA). The district will provide parent representation to the Ventura County SELPA Community Advisory Committee. THE INDIVIDUALIZED EDUCATION PROGRAM (I.E.P.) PROCESS Referrals Students may be referred for assessment for special education services by parents, staff or agencies. Though requests for special education can be made any time by anyone, such referrals should not occur until the full resources of general education have been considered and where appropriate utilized (Ed Code 56303). Referrals may be made directly for special education upon parent request. However, it is recommended that potential referrals be presented to a Student Study Team (SST) to consider all options before a referral to special education. The District will actively identify those students appropriate for and in need of special education services. Special education referrals from the Student Study Team (SST) or parents should be made in writing to the site psychologist. Once a written referral to special education is made, the psychologist will develop an assessment plan and submit it to the parent/guardian for signature within fifteen 115) days of receipt of a written referral. Parent Rights for Special Education will be given to the parent/guardian with the assessment plan. The parent will have at least fifteen (15) days to consider the assessment plan. Should the parent not respond to the assessment plan within fifteen (15) days, the psychologist will call the parent/guardian to determine the parent/guardian's intent. If no parent/guardian response is given within thirty (30) days after the issuance of the assessment plan, then the psychologist will notify the parent in writing that if the plan is not signed and returned within an additional ten (10) days, he/she will assume that the parent/guardian does not wish to continue the referral/assessment process and will discontinue the special education referral. The parent may make another special education referral request at a future date. Assessment After receipt of a signed assessment plan, the psychologist, assigned teacher/case carrier and the I.E.P. Administrator will insure that the assessments identified on the assessment plan are conducted, a multidisciplinary report of the findings is written,
5 COMPREHENSIVE LOCAL PLAN FOR SPECIAL EDUCATION AP 0430 (CONT.) Page 2 and an Individualized Education Program Team (IEPT) meeting is conducted within fifty (50) calendar days from the receipt of the parent's signed consent for the assessment (Ed Code 56344). The days in July and August are not counted in the fifty (50) day timeline. Black students will not be given intelligence tests for special education pursuant to Court decisions (Honig vs. Doe). Intelligence test information for black students that come from other districts will not be used and will be sealed in a separate envelope and placed in the student's file. A notice will be placed on the envelope to explain the documents that are contained in the envelope. A letter of notification will be sent to the parents about the sealed records. This data will not be used by special education staff. Parents may request access to this data. Psychoeducational Reports Typed Psychoeducational reports will be placed in the student's file within three weeks of the IEPT meeting. Each site will develop a process to complete this task. I.E.P. Meetings: The District Individual Education Program (I.E.P.) process is outlined below. I. Terms: 1. An I.E.P. is the Individualized Education Program developed for students that have met the stated SELPA eligibility criteria for special education student services. 2. I.E.P. Team includes, at a minimum, a teacher knowledgeable of the student and programs considered, administrator, and a parent. Other people may be included as appropriate. This team of people determines the following special education issues. Special education eligibility Student goals & objectives for the special education program component Special education program placement
6 Page 3 II. Types of I.E.P. Meetings: 1. An Initial I.E.P. meeting considers a student referred for special education eligibility. Psychologist and teacher evaluations conducted during the referral process are presented at the meeting. If the student is found eligible for special education, appropriate goals, objectives and placement in special education are determined. 2. An Annual review meeting reviews the student's current special education program goals and program placement. An annual review must be conducted within a year of the last I.E.P. 3. A Three year review meeting,, is conducted every three years to re-evaluate the student's special education eligibility, program goals and program placement. The psychologist, nurse, and teacher assess the student before this meeting and present their findings at the meeting to assist in the I.E.P. process. 4. A 30-Day Transfer I.E.P. meeting occurs when a special.education student comes from another district outside the SELPA. A transfer student must be placed in the comparable type of program that is offered by the District as is stated on their current LE.P unless a new I.E.P. is written. This placement will occur as soon as possible. Within 30 days, an I.E.P. meeting must be held to verify or adjust that placement as appropriate. This may require a psychoeducational evaluation (56325(a)). I.E.P.s written within the SELPA can be implemented as written. 5. An Expanded I.E.P. meeting involves a public agency representative, such as, Mental Health or Regional Center as part of the team. I.E.P. Preparation Staff will make the necessary preparation to make the I.E.P. an efficient and productive meeting. Toward this end, the student's case carrier will prepare the present levels of functioning page of the new I.E.P. for annual reviews. This page can be modified at the I.E.P. Team meeting. The responsible psychologist will complete this page for all initial and three year reviews. The case carrier will note on the current I.E.P. whether the goals were met or not. The case carrier will come to the I.E.P. meeting with new suggested goals and objectives written on the appropriate I.E.P. form. These suggested goals may be amended in any way by the I.E.P. Team at the meeting.
7 COMPREHENSIVE LOCAL PLAN FOR SPECIAL EDUCATION - AP 0430(CONT ) Page 4 I.E.P. Meeting Agenda The following is a suggested I.E.P. meeting agenda. I. State the purpose of the I.E.P. meeting and introduce the people in attendance. Make sure that the parents/guardians receive their Parent Rights. II. III. IV. Present any assessment reports and review the student's current level of functioning in all special education identified areas.. Determine eligibility for special education. Develop goals and objectives for special education. Include in these goals vocational goals and a transition plan. V. Identify the appropriate special education program placement, and services. VI. VII. VIII. Review the I.E.P. with the parent and request parent initials and signature on the I.E.P. document in the appropriate areas. All other people in attendance sign the I.E.P. Distribute I.E.P. copies to the parent, case carrier and the student file (original), then close the meeting. I.E.P. Meeting Translation For all bilingual or monolingual non-english speaking parents a translator from the site will translate the I.E.P. meeting into the parent's native language during the meeting unless the parent states that this is not necessary. The site will provide these translators at the I.E.P. meetings whenever necessary. I.E.P. Document Translations Parents who are bilingual will be offered a translation of the I.E.P. in their preferred language. If they wish a translation, that translation can be done with site resources or sent to the Director of Special Education for translation. I.E.P. Transition Plans A Transition Plan is past of the I.E.P. It is a student's plans (goals) which target student, parent, agency, and school activities which lead toward meaningful employment and a quality adult life transition for the student with disabilities after
8 Page 5 graduation. At age 16, and annually thereafter, a transition statement (or goal) is in the I.E.P. For students age 14-16, a goal should be used whenever deemed appropriate by the I.E.P. team. Developing the goals and objectives should involve teachers, student, family members and agency representatives. Potential referral agencies will be invited to I.E.P.s when such agencies' services may be discussed, this may include colleges, community colleges, Regional Center, Department of Rehabilitation, Area Board, Mental Health or community service agencies. Before such agencies are invited, the parent must give their permission for attendance. A student's transition plan shall be written on the goals and objectives page of the I.E.P. and may include vocational, social, financial, self help, community, living, career and adaptive behavior goals. Behavior Intervention Plans Behavior Intervention Plans will be developed and implemented in accordance with the SELPA Guidelines and will be included in the I.E.P. RECORDS I.E.P. Files The Assistant Principal assigned to supervise the special education department is the official keeper of records. Each site will have a locked cabinet for the storage of special education student files. This cabinet will be locked and secured for confidentiality. A list of the personnel by position who are allowed access to the files will be posted on this cabinet. The list will include the special education teachers, and specialists at the site, nurse, site administrators, the Director of Special Education and other site school personnel as required. All personnel assigned access to the files will be trained on the required confidentiality of the records. All special education records will be maintained in accordance with district policy as mandatory interim pupil records. Refer to the District's Policy on Student Records for details. Each special education student will have a special education folder. All of these folders will be kept in the same cabinet. All the original special education documents will be placed in the official special education student file for that student. A log of personnel accessing the file shall be maintained in the front of each special education file. All special education records are confidential and may not be released without parent permission except for educators currently working with the student. Special Education Data Form The student's case carrier/teacher will complete a Special Education Data Form immediately after every I.E.P. meeting and immediately submits this form to the
9 Page 6 Electronic Data Processing Operator at the site for entry. The site special education department may develop an alternative process to ensure rapid data entry upon approval of the site Principal and Director of Special Education. REFERRAL PROCESS TO ALTERNATIVE SCHOOL SITES Alternative Schools The following processes are to be used for special education referrals to: Frontier High School Teen Parent Program Puente Program District-wide Independent Study Program The special education alternative program referral process will be conducted in a similar manner as the regular alternative referral process. The comprehensive school site will hold an SST meeting. The.comprehensive school site will invite a representative of the alternative site being considered to the Student Study Team (SST). The alternative site representatives) will be notified the week before an SST meeting is to be held and will be briefed on the student's situation. SST meetings for special education students will not be conducted unless there is an immediate opening available at the alternative program. A schedule of potential SST meeting for each site will be developed at the start of the school year. Parent agreement at the SST meeting is needed for the transfer to an alternative program. An addendum or new I.E.P. will be developed right after the SST meeting with the parent's if the SST decision is to transfer the student and the parent signs the I.E.P.. Psychologists will be the communication link for the referral process. Students returning to comprehensive high schools from an alternative program will be dealt with in a similar manner by the alternative sites. The alternative sites will invite the home school site representative to their site SST meeting to consider the return to the home school. Should a site seek an administrative transfer of a special education student, then the site should contact the Director of Student Services and the Director of Special Education to discuss the matter before any transfer is initiated or discussed with the parents. A case study may be scheduled for this purpose if necessary.
10 Page 7 Independent Study Program (Site Based Programs) Special Education students can be enrolled in Independent Study Programs under certain conditions. These conditions are: - The student is not appropriately served in the regular Special Education Program. - The student has the study skills and academic skills to work successfully in an Independent Study Program. - The Independent Study instructional mode and materials are appropriate for the student. - There is special education instruction and/or service provided to adequately support the success of the student in Independent Study. - The I.E.P. Team determines that Independent Study with special education support/service is the appropriate placement. - The parent gives written consent to the Independent Study placement. If a special education student is placed in Independent Study, this must be noted on the student's I.E.P. along with whatever special education instruction and/or services are provided. Special education students who need Independent Study will receive both Independent Study and special education program services from the school site staff. INTRADISTRICT REFERRAL For parent initiated interdistrict transfer requests, the parent will follow the regular District's procedures for intradistrict transfers. The following is the site initiated intradistrict referral process for special education students. All district I.E.P. procedures and timelines shall be observed. A site that receives or identifies a special education student first reviews its resources to serve the student. The site of residence is responsible for assessment and document/data collection for the student. If site resources are not available to appropriately serve the student, the site psychologist will contact the Director of Special Education to discuss an appropriate program referral. The Director of Special Education will identify the appropriate district staff to be invited to the I.E.P. meeting and the site(s) with program(s) which might be considered. The site administrator, psychologist, I.E.P. Chair, that may be considered, will receive all pertinent documents prior to an I.E.P. meeting. A data review meeting will be conducted with the psychologist(s), other pertinent evaluators/personnel and the Director of Special Education prior to the I.E.P. to ensure that all necessary data is collected.
11 Page 8 The Director of Special Education, site psychologist(s), teacher(s) and administrators) will be invited along with the parents and student by the site of current service or the site of residence if no district site is currently providing service. The Director of Special Education will chair the LE.P. meeting. Should a program for students with serious emotional disturbance have enrollment at a point of concern, then the Director of Special Education will be notified by the site. ' INTERDISTRICT OR AGENCY REFERRALS Any referral to another district or agency for a special education student through the I.E.P. process will be approved by the Director of Special Education prior to submission to that district or agency. Mental Health Referrals Referrals to Ventura County Mental Health will be in accordance with Ventura County SELPA procedures and agreements. Referrals for Mental Health services may be made by the site psychologist to Mental Health after approval by the Director of Special Education. The referral to Mental Health must be mentioned in the I.E.P. as "Referral to Ventura County Mental Health for assessment for services under Chapter 26.5" prior to referral. A referral letter stating the purpose of the referral, with the most current psychological report, transcript, immunization record, release of information form, a copy of the I.E.P. and a completed Referral for Mental Health Assessment Form, a signed Consent of Release of Information or Record form is sent to: Mental Health Children's Services 1400 Vanguard, Box C Oxnard, CA (805) Attn.: Supervisor Children's Services Continuation of Mental Health Services Once a student becomes a Chapter 26.5 Mental Health client, future I.E.P. meetings should have the Mental Health case carrier in attendance. If services continue, a statement will be made on the I.E.P. that "Continuation of Ventura County Mental Health for (briefly state the type of service i.e. outpatient, case management, etc.) per Chapter 26.5."
12 Page 9 Mental Health Referral Guideline These criteria and guidelines were developed to assist in the referral process of Special Education pupils for Mental Health services. These guidelines reflect current regulations and procedures developed by the State and through local interagency agreements. Mental Health General Eligibility Criteria 1. Current Individual Education Plan. 2. Pupil currently not benefiting from his/her Special Education Program as a result of a suspected serious mental/emotional disorder. 3. Modification of the pupil's program has demonstrated no improvement in functioning. 4. Designated Instructional Services (DIS) has not been effective or not available in the district. 5. The pupil is at risk of more restrictive placement, i.e. group home, hospitalization, extended home teaching. 6. The pupil's problems should not be primarily related to developmental delays, mental retardation, brain injury or substance abuse and thus be more appropriately addressed by other service systems. District Responsibilities in a Mental Health Referral: 1. The pupil is identified by the teacher as having difficulties in the classroom over at least six months or expected to last for six months. Typically, the school psychologist reviews the case in order to evaluate the pupil's eligibility. 2. If eligible for referral, then the school psychologist obtains a signed release of information from the parent/guardian to provide the appropriate school records to Ventura County Mental Health. 3. These school records should minimally include: The most recent I.E.P. and psychological report, teacher reports, completed Mental Health Referral Form, etc. 4. The completed packet including a referral cover letter and a copy of the signed consent is sent to the Mental Health Clinic that serves the particular school district. Referrals are always for the purpose of a Mental Health assessment rather than a recommendation for a particular program. 5. The referral packet and case are assigned to a Mental Health professional who then informs the school about the pupil's assignment. 6. Within fifteen (15) days of receiving the packet Mental Health forwards an Assessment Plan to the parent/guardian.
13 Page Should the parent refuse permission to assess, then documentation of the refusal is kept by Mental Health and sent to the referring school professional. 8. Should the parent give permission for a Mental Health assessment, then the process begins and is completed within fifty (50) days of the date the parents gave their consent to assess. 9. Upon completion of the assessment the results are presented to the parents. a. Should the parents approve the assessment results, then their signature is obtained on the Treatment Plan and forwarded to the referring school professional. b. Should the parent/guardian not agree with the results of the assessment or the proposed Treatment Plan, then the Mental Health Professional contacts the school and arranges suggests a possible I.E.P. meeting to discuss the difference of opinion. c. Should the difference between the Mental Health recommendation and the parent not resolve itself, then the parent/guardian is informed of their Due Process Rights. California Children's Services (C.C.S.) Referrals C.C.S. referrals will be conducted in accordance with the Ventura County procedures and agreements. Special Education Interdistrict Referral Procedures The Ventura County Special Education Local Planning Area (SELPA) guarantees access for all pupils to appropriate special education programs no matter where they reside. The following are procedures that will assist in the implementation of that guarantee. The procedures are taken from SELPA Plan. Referrals to Other Districts by Oxnard Union High School District The Director of Special, Education shall be consulted, and be invited to all I.E.P. meetings where an interdistrict referral may be considered. The Director will be consulted prior to the scheduling of such an I.E.P. a. Pupil Transfers and Interim Placement in Interdistrict Programs The site psychologist of the school residence will: (1) Complete the "Interdistrict Referral" form and confirm most recent special education placement, existence of current I.E.P. and type
14 Page 11 of previous program placement. The referring site psychologist will complete the interdistrict referral packet after gaining approval from his/her site administrator and the Director of Special Education. (2) Obtain parent signatures on "Release of Information" form, as appropriate. (3) Request all appropriate psychological, medical and educational (I.E.P.) records. Send the "Interdistrict Referral" form to the Interdistrict Program Administrator of the district to receive referral. Records should be forwarded to the Interdistrict Program Administrator of the district of referral immediately upon receipt. (4) Contact (telephone) the Interdistrict Program Administrator of the district of referral to arrange interim placement. Share all known information at this time. If there are unusual circumstances, be sure to discuss them. After determining the interim placement, an orientation conference may be appropriate prior to the child attending school in order to share information pertaining to behavior, medical or other items. (5) Participate in the I.E.P. meeting within 30 days following the interim placement. b. New Referrals for Special Education or Pupils Presently Enrolled in Special Education Being Referred for Possible Placement Change. The psychologist of the site of residence or the site presently serving the pupil will: (1) Initiate the assessment and I.E.P. process. (2), Collect any and all previous records and review. Discuss possible interdistrict referral with the site administrator and Director of Special Education and gain their approval before referral. (3) Develop assessment plan and complete assessment. "Interdistrict Program" staff may be asked to assist in the assessment planning and assessment when necessary and appropriate. (4) Fill out an "Interdistrict Referral" form; send it to the Interdistrict Program Administrator; of the district of referral; and contact the
15 Page 12 Interdistrict Program Administrator by telephone when it seems likely that an Interdistrict Program. referral will occur. At this point, an assessment conference may need to occur so that both districts involved can discuss the preliminary results of assessment; and determine what, if any, additional assessment needs to take place. (5) Mutually establish with the other district the preliminary I.E.P. meeting date and place where the assessment conference is held. If an assessment conference is not held, establish the I.E.P. date and place at this time. If during the assessment process it becomes clear that the districts are not going to agree as to the basis for eligibility, the SELPA I.E.P. Advisory Committee is available upon request. A Director or Coordinator of Special Education must contact the SELPA Director to begin this process. c. Other Responsibilities: (1) Per the SELPA Plan, initiating districts are responsible for all I.E.P. related arrangements such as the place, time, location of the meeting and notification of all persons involved. Notification must be timely and mutually agreed upon. Referrals From Other Districts To Oxnard Union High School District All referrals to Oxnard Union High School District will be directed to the Director of Special Education who will assign the personnel to the case. The Director of Special Education will be notified immediately of any interdistrict referral to the district for services. If Oxnard Union High School District services a student from another district, that residence district's administrator and the District's Director for Special Education will both be invited to all I.E.P.s for that student. Procedures For Non-Participating Special Education Students The following procedures are a guide for encouraging students to attend classes. All the following steps should be documented and such documentation should be entered in the student's special education file. 1. Take normal steps to encourage students to return to school such as, home phone calls, absence notices, student meetings, parent meetings, home visits and/or SARB as appropriate.
16 COMPREHENSVE LOCAL PLAN FOR SPECIAL EDUCATION - AP 0430 (CONT ) Page Schedule an I.E.P. meeting and notify the parents and the student. If the student/parent attends the I.E.P. meeting; review placement, alternative placements, special education withdrawal, attendance contract and/or other alternatives. If there is no response to the I.E.P. meeting then this should be documented and placed in the student file. TRANSPORTATION POLICIES TO MEET THE NEEDS OF SPECIAL EDUCATION PUPILS Transportation from home to school and from school to home is provided for low incidence or severely handicapped special education pupils for whom such transportation is needed in order to participate in an appropriate education. Transportation will be determined by the I.E.P. Team and indicated on the I.E.P. when appropriate. Transportation is always provided in the least restrictive way. Regular district transportation services will be considered prior to considering specialized transportation. The I.E.P. Team shall determine which pupils will receive this service based upon the pupil's educational needs. Transportation requests will be initiated by the sites to county transportation with a copy of the request sent immediately to the Director of Special Education. It is the responsibility of the student's case carrier to make sure the transportation is provided as designated by the I.E.P. Team. ADAPTED PHYSICAL EDUCATION (A.P.E.) PROCEDURES A referral for Adapted Physical Education (A.P.E.) may be made by any of the following people: Teacher, Doctor, Counselors/Psychologists, Parent/Student, and Nurse. After a referral for assessment, the nurse will coordinate the following: - Assesses health concern being presented. - Clarifies Medical and Educational terms - when necessary and to the appropriate people. - Consults with APE Specialist to assess student eligibility. - Issues parent request form and medical information form. - Issues P.E. Modification form to current P.E. teacher. - Contacts the APE Teacher and/or special education case carrier as appropriate about the referral. An assessment team consisting of the Adapted Physical Education Specialist/teacher, Nurse, and Physical Education teacher, will document evidence of special education eligibility and how the medical condition adversely affects the student's ability to
17 Page 14 benefit from regular or modified physical education. The information will be presented to the I.E.P. Team for their consideration for special education and A.P.E. eligibility and services, if appropriate. The site A.P.E. teacher will act as the case carrier for those students not already served by special education and will arrange and conduct the I.E.P. meeting with site administrator and the parent. For those students already served by special education their regular special education case carrier will address A.P.E. referrals and include this service when appropriate in the student I.E.P. The case carrier will obtain APE goals from the site A.P.E. teacher. The meeting schedule will be coordinated by the case carrier. All necessary correspondence will be done by the school site Special Education department. In the event that the parent is not present at the IMP, the original I.E.P. form will be sent to the parent with a request for signature. The I.E.P. Team will determine special education. and A.P.E. eligibility and the following actions. If a General or Special Education Student Qualifies, then the case carrier will notify the counselor for program change to A.P.E. If a General or Special Education Student Does Not Qualify, then the case carrier will notify the counselor that the student remains in regular Physical Education class with or without modification. The completed I.E.P. forms will be distributed as follows: Copy distribution: original - site SPED file to parent to site Adapted P.E. teacher to Health office file to Adapted P.E. Specialist The Adapted P.E. Specialist will complete all SPED Data forms including entry and exit forms for students whose special education service is only Adapted P.E. or for A.P.E. addendum. A student cannot be placed in Adapted P.E. without an Individualized Education Program (I.E.P.).
18 Page 15 Legal Reference: EDUCATION CODE Education for Individuals With Exceptional Needs Provision of the Special Education Programs Definitions Duties of County Office School Districts Community Advisory Committees Contents of the Local Plan Local Plan Areas With Small or Sparse Populations Written Agreements Adoption of Policies For Programs and Services Staff Development Identification and Referral, Assessment, Instructional Planning, Implementation, and Review Program for Individuals Between the Ages of Three and Five Years Procedural Safeguards, Including Due Process Rights Evaluation, audits and information CODE OF REGULATIONS, TITLE Regulations Governing Special Education (in General), Especially 3000 Scope of Regulations Identification, Referral, and Assessment Instructional Planning and Individualized Education Program Implementation (Program Components) Nonpublic, Nonsectarian School and Agency Services 3080 Application of Section Due Process Hearing Procedures Uniform Complaint Procedures UNITED STATES CODE, TITLE et seq. Individuals With Disabilities Education Act UNITED STATES CODE, TITLE et seq. Rehabilitation Act of 1973 CODE OF FEDERAL REGULATIONS, TITLE Inspection, Review and Procedures for Amending Education Records Due Process Procedures for Parents and Children
19 Page 16 MANAGEMENT RESOURCES: CDE LEGAL ADVISORIES Interagency Coordination Enforcement CDE PROGRAM ADVISORIES SCHOOL-BASED PROGRAM COORDINATION ACT, PAC:89/ Low Incidence Funding Update, FY Implementation of New Procedures for Noncompliance, CCPMD: 89/ Special Education - Occupational Therapy and Physical Therapy, SPB: 89/90-5 Administrative Procedures Reference AP 6159 Individualized Education Programs AP Procedural Safeguards and Complaints AP NonPublic NonSectarian School and Agency Services AP Appointment of Surrogate Parent AP Identification of Individuals with Exceptional Needs ADOPTED: 2/23/94
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Regulation Special Education and Related Services for Eligible Students The purpose of the district s special education program regulations is to address program areas where state and federal regulations
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PROGRAMS FOR STUDENTS WITH DISABILITIES UNDER IDEA AND NEW YORK S EDUCATION LAW ARTICLE 89 The Board of Education shall make available a free appropriate public education to all students with disabilities
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