1 Local Plan Madera County Office of Education Cecilia A. Massetti, Ed.D. Superintendent Claudia Norris, SELPA Director Avenue 14 Madera, CA 93638
2 Local Plan Governance T A B L E O F C O N T E N T S I. Agreement regarding the organization, implementation administration and operation of the Madera-Mariposa Special Education Local Plan Area II. Governance Structure and Administrative Support III. Distribution of Federal and State Funds IV. Development of the Local Plan V. Community Advisory Committee VI. Public Participation VII. Responsibilities of Superintendents Assurances 1. Free and Appropriate Public Education 2. Full Educational Opportunity 3. Child Find 4. Individualized Education Program (IEP) and Individualized Family Service Plan (IFSP) 5. Least Restrictive Environment 6. Procedural Safeguards 7. Evaluation 8. Confidentiality 9. Part C, Transition 10. Private Schools 11. Local Compliance Assurances 12. Interagency 13. Governance 14. Personnel Qualifications 15. Performance Goals and Indicators 16. Participation in Assessments 17. Supplementation of State/Federal Funds 18. Maintenance of Effort 19. Public Participation 20. Rule of Construction 21. State Advisory Panel 22. Suspension/Expulsion 23. Access to Instructional Materials 24. Overidentification and Disproportionality 25. Prohibition on Mandatory Medicine 26. Distribution of Funds 27. Data 28. Reading Literacy 29. Charter Schools
3 GOVERNANCE Federal Requirements: 20USl 1412 (a), (a) (1), (20 US 1413 (a)(5)9) State Requirements: E.C (f)¹ , 56195,1 (b) (c) 5, , 56195,93, (a)(12)4, (b)(4)8, ((b)(5)7, I. AGREEMENT REGARDING THE ORGANIZATION, IMPLEMENTATION, ADMINISTRATION AND OPERATION OF THE MADERA-MARIPOSA SPECIAL EDUCATION LOCAL PLAN AREA The Madera-Mariposa SELPA was formed under authority of Section of the State of California Education Code. School district and county office Boards located within Madera and Mariposa Counties hereby form a two-county special education local plan area for the purpose of providing coordinated programs and services to disabled students. The principal goal of the Madera-Mariposa SELPA is to identify all disabled individuals, age birth to 22 years, at the earliest possible age for placement in programs or to provide services designed to help them meet their individual and exceptional needs. Special education programs will supplement the general education to the fullest extent possible. Early Start Programs will provide smooth transition to preschool through coordinated efforts of preschool staff, general education staff and families. Further goals of the Madera-Mariposa SELPA are: 1. Provide a continuum of service options, including general education. 2. Assure that instructional plans are developed according to individual learning needs. 3. Inform the general educational community of the purpose of the SELPA Local Plan and solicit input from school staffs, parents, students and community agencies in the development of special education programs. 4. Place students in the least restrictive environment. 5. Employ nondiscriminatory procedures in the assessment and placement of all students, and make a conscientious effort to enforce this policy in all practices and procedures. 6. Utilize the services of public and non-public agencies and the state residential schools. 7. Work collaboratively within the two counties to provide access to services for all disabled students. 8. Establish and maintain program evaluation, as directed by law, for purposes of local program improvement and providing required state data. MULTI-DISTRICT / MULTI-COUNTY SELPA The Madera-Mariposa Special Education Local Plan Area is a two county multidistrict SELPA. GOVERNING BODY
4 The governing body of the SELPA is the Superintendents Council. Members of the Superintendents Council are responsible to the governing boards of the local education agencies in the SELPA. Their allotted votes on the Council shall be as follows: AREA VOTE Alview Dairyland 1 Bass Lake Joint Union 1 Chawanakee Unified 1 Chowchilla Elementary 1 Chowchilla Union High 1 Golden Valley Unified 1 Madera Unified 1 Mariposa Unified 1 Raymond-Knowles Union 1 Yosemite Unified 1 Madera County 1 Mariposa County 1 II. GOVERNANCE STRUCTURE AND ADMINISTRATIVE SUPPORT The Madera-Mariposa SELPA s legal status is that of an unincorporated association. Each local educational agency shall be responsible for adoption and implementation of the local plan as outlined. The local education agencies within the Madera-Mariposa SELPA join together to assure access to special education and services for all eligible individuals with disabilities residing in or attending private schools located within the geographic area served by these agencies. In adopting the Local Plan, each participating agency agrees to carry out the duties and responsibilities assigned to it within the plan. Participating agencies may enter into additional contractual arrangements to meet the requirements of applicable federal and state law. RESPONSIBILITY OF PARTICIPATING AGENCIES In adopting the Local Plan, each participating local education agency agrees to carry out the duties and responsibilities assigned to it within the plan. Each agency shall provide special education and services to eligible students within its boundaries, including: 1) students attending private schools; or 2) charter schools where a local education agency of the SELPA has granted that charter. In addition, each agency shall cooperate to the maximum extent possible with other agencies to serve individuals with disabilities who cannot be served in the local education agency of residence programs. Such cooperation ensures that a range of program options is available throughout the Madera-Mariposa SELPA. IMPLEMENTATION OF ADMINISTRATIVE FUNCTIONS
5 The Madera County Superintendent of Schools shall serve as the responsible local Administrative Unit for the SELPA to perform functions such as receipt and distribution of funds, provision of administrative support and coordination of the implementation of the plan. RESPONSIBILITIES OF LOCAL EDUCATION AGENCY BOARD MEMBERS The Boards of the counties and districts of this Special Education Local Plan Area have the overall responsibility for the development, implementation, and operation of this Local Plan, by which there is assured access to special education and services for all disabled individuals, birth to 22 years, residing in the geographic region, or attending private schools, served by the Plan. This responsibility is exercised and discharged through the adoption and implementation of this Plan and by the designation of Madera County Superintendent of Schools as the Administrative Unit responsible for the provision of those centralized services as specified in law. Changes or amendments to the permanent portion of the Madera- Mariposa Local Plan may be considered during the annual service and budget plan process. The Governance Council can adopt amendments to the permanent portion of the local plan on an interim basis, not to exceed one year. Amendments approved in this manner would become permanent upon subsequent approval by all LEA governing boards and the California Board of Education. Adoption of the Local Plan requires consent of all participating Boards. Individual policy changes will be approved through the Superintendents Council, as the efforts and decisions of the Council facilitate this unanimity. Local education agency boards shall: 1. Exercise authority over, assume responsibility for, and be fiscally accountable for special education programs operated by the agency. 2. By approving the Local Plan, enter into an agreement with other local education agencies participating in the plan, for the purpose of delivery of regional services and programs. 3. Review and approve revisions of the Madera-Mariposa SELPA Local Plan for Special Education. 4. Participate in the governance of the Madera-Mariposa SELPA through their designated representative to the Superintendents Council. The governing boards provide the Superintendents Council with the authority to act as the board designee to approve and amend policies as necessary.
6 5. Establish this Local Plan as their comprehensive policy statement regarding the provision of special education programs and related services. SELPA Superintendents shall approve any subsequent policy development or budget revisions. 6. Adopt the Local Plan which requires consent of all participating boards. Substantive amendments also require consent of all Boards. RESPONSIBILITIES OF LOCAL EDUCATION AGENCY ADMINISTRATORS Local education agency administrators of special education are responsible for the coordination of special education service and programs within their agencies and for the implementation of the Local Plan. The administrators participate on the Program Administrators Council and, on an ad hoc basis, Advisory Committees. 1. SUPERINTENDENTS COUNCIL There shall be an administrative committee called the Superintendents Council. A. The Superintendents Council is composed of a Superintendent from each of 12 districts and county offices within the SELPA. B. Their allotted votes on the Council shall be as follows: AREA VOTE Alview Dairyland 1 Bass Lake Joint Union 1 Chawanakee Unified 1 Chowchilla Elementary 1 Chowchilla Union High 1 Golden Valley Unified 1 Madera Unified 1 Mariposa Unified 1 Raymond-Knowles Union 1 Yosemite Unified 1 Madera County 1 Mariposa County 1 C. Two thirds of the voting members shall be present to constitute a quorum. A two-thirds of those present that constitutes a quorum will be sufficient votes to approve any actions. D. The Superintendents Council will meet at least four (4) times annually; this will not preclude additional or emergency meetings as needed. The SELPA Director will provide, at least (5) working days before the meeting, an agenda to each superintendent, outlining the issues to be included in the meeting. The Superintendents Council will approve major operational decisions in the SELPA such as but not limited to the following:
7 (1) Sets policy and direction for the SELPA (2) Advises the County Superintendent, through a subcommittee, in the selection, supervision and evaluation of the SELPA Director. (3) Approves SELPA financial actions including: distribution of special education funding to local educational agencies that operate special education programs and services; development of cost containment agreements and procedures; approval of the Regionalized Services budget. (4) Monitors the appropriate use of federal, state and local funds allocated for special education programs. (5) Reviews and approves needed modification of this agreement. Adopts amendments to the permanent portion of the Local Plan. (6) Approves the SELPA-wide annual service and budget plans, and subsequent modifications. (7) Approves the operations manual and handbooks to assist in the implementation of the Local Plan. These implementation tools are not considered a permanent portion of the Local Plan and are included in the Local Plan as reference materials only. E. The Superintendent s Council chairperson shall be elected by the the Superintendents Council for a term of two (2) years. If the chairperson is unable to attend a Superintendents Council meeting, the chairperson will appoint a substitute chairperson for the meeting. F. The SELPA Director will serve as the Executive Secretary to the Superintendents Council and will provide staff assistance to the Superintendent s Council. G. The Superintendents Council will make recommendations to the Board for action, including but not limited to recommendations regarding policies and procedures. 2. PROGRAM ADMINISTRATORS COUNCIL Program Administrators Council will serve as the advisory committee to the Superintendents Council and will carry out those functions specified in state law and the Local Plan. The council is responsible for providing a vehicle for communication, consultation and coordination of special education services. The Program Administrators Council shall be composed of the special education designee from each local educational agency. Program Administrators are appointed by the superintendent of the school district in which they are employed. The SELPA Director shall serve as the chairperson of the Program Administrators Council. The Program Administrators Council may perform duties including but not limited to the following: a) Recommend actions regarding operations and programs for special education in the Madera-Mariposa SELPA b) Recommend policies, procedures and financial options to Superintendents Council. c) Review and recommend needed modification of this agreement, the Local Plan, to Superintendents Council. d) Provide program/services and coordination within the SELPA to assure the availability of appropriate special education to all eligible individuals with disabilities.
8 3. AD HOC COMMITTEES e) Review and recommend all procedural handbooks developed for use in the Madera-Mariposa SELPA to Superintendents Council. On an ad hoc basis, working committees of program administrators shall act as a recommendation body to the Program Administrators Council regarding operational policy. Recommendations formulated by the working committee approved by the Program Administrators Council will be forwarded to the Oversight Committee or the Superintendents Council for final review and approval. 4. SCHOOL DISTRICTS RESPONSIBILITIES Each district in the Madera-Mariposa Special Education Local Plan Area may operate special education programs and services as specified in the Madera- Mariposa SELPA Plan. The type, number and location of classes, programs, and services will be approved by the Superintendents Council, with consideration of the recommendations of the Program Administrator s Council. If a district chooses to operate the program(s) it will do so under the following conditions: Income is derived from the district s federal and state allocation and general fund contribution (encroachment). The operator has hiring/firing rights and responsibilities. The program will be operated by guidelines established by the Madera-Mariposa Special Education Local Plan Area. All transfer of programs must also follow the program timelines and funding provisions specified in all applicable sections of the Education Code 56207(b). 5. ADDITIONAL DISTRICT RESPONSIBLITIES: Each participating district will also be responsible for: A. Procedures: Meeting the legal requirements for procedural safeguards. Assuring equal access to all programs and services operated by the district. Monitoring the appropriate use of federal, state and local funds allocated for special education programs. Utilizing the same Management Information Forms. Uniformity in procedures and guidelines for determining eligibility. Placing a student in a comparable special education program when an identified special education student moves into the Madera-Mariposa SELPA. An IEP review will be held within 30 days of an interim placement. Providing parents with access to the Madera-Mariposa SELPA Parent Handbook, upon referral of each child to special education.
9 Providing parents with an up-to-date copy of their rights, in their primary language or mode of communication, and a list of free or low cost legal services when requested. Providing parents with information on local alternatives to due process, including informal SELPA Review or Alternative Dispute Resolution. Implementing the decision of a complaint investigation or due process hearing officer. Paying any attorney(s) fees required as a result of mediation or an administrative or court procedure. Providing and coordinating transportation for special education students residing in the district as recommended in the IEP. Assuring full educational opportunity to all students residing in the district. B. Transfers: The date on which the transfer will take effect may be no earlier than the first day of the second fiscal year beginning after the date on which the sending or receiving agency has informed the other agency and the governing body or individual identified in paragraph (1) of subdivision (b) of Section 56205, unless the governing body or individual identified in paragraph (1) of subdivision (b) of Section unanimously approves the transfer taking effect on the first day of the first fiscal year following that date. C. Discipline: Essentially, discipline policies in effect at a school site are inclusive of the disabled, except as modified by IEP team decision, as specified in state and federal law, and incorporated into the child s IEP, and are a site principal responsibility. Suspension and expulsion of those receiving Special Education services carry specific regulations. D. Child Find activities, as well as initial assessments, are the primary responsibility of the district of residence. Districts may assist one another in meeting these responsibilities through a coordination of available resources. Even though the Madera-Mariposa SELPA has anticipated the provision of a full range of special education programs and services in accordance with known needs, in those instances in which all potential placements have been explored and exhausted and no appropriate public special education program is available, a nonpublic school placement will be offered. Such placement shall be the responsibility of the school district of residence and subject to the approval of the local school board. E. Due Process: Any decisions or judgments, which are the result of a due process procedure, shall be the responsibility of the district of residence. Complaints including compliance complaints filed against the LEA shall be the responsibility of the program operator in collaboration with host district. F. Staff Development: Each participating school district shall cooperate with the SELPA in the provision of staff development activities as specified in applicable sections of the Education Code. G. Accountability: Each school district shall provide program, employee, student and fiscal accountability, budget preparation, staff acquisition/ training and state, federal and local reporting. H. Planning and Program Evaluation: Each school district, through the Superintendents Council and the Program Administrators Council will assist the SELPA in a regional planning, annual student and program
10 evaluation, and fiscal reports as required by State and Federal laws and regulations. I. Facilities for special education students will be provided by district the responsible and/in collaboration with program operator. J. Annual Services and Budget Plans: Each school district is responsible for approving only its portion of the annual services and budget plans. The development of annual services and budget plans should coincide with the local district budget process. 6. PROGRAM OPERATOR RESPONSIBILITIES A. Identification, referral and placement of special education students will be done in accordance with Education Code Sections et.seq., requirements and pertinent CCR Title 5 regulations. B. Each program operator and school district, in accordance with State and Federal laws and regulations, will follow procedural safeguards. C. Each program operator shall follow interagency agreements between the State Department of Education and other public agencies and agreements between the SELPA and other public agencies. 7. ADMINISTRATIVE UNIT and SELPA ADMINISTRATOR 8. SELPA STAFF The Madera County Superintendent of Schools serves as the Administrative Unit for the Madera-Mariposa SELPA. The Administrative Unit receives and distributes all special education funding; accepts required funding for grants; adopts policies governing regionalized and district operated programs and services, and distributes funds to districts and counties operating special education programs and services. Each member Board approves the Madera-Mariposa SELPA Local Plan. SELPA DIRECTOR A sub-committee of superintendents will advise in the selection, supervision, evaluation, and discipline of the SELPA Director, who will be an employee of Madera County Superintendent of Schools. The SELPA Director provides assistance and serves as a special education administrative resource to all the participating agencies. The fundamental role of the SELPA Director is to provide leadership and facilitate the decision making process. The role of the SELPA Director includes the provision of information, specific services identified by the Superintendents Council, technical assistance, leadership and arbitration. It is the SELPA Director s responsibility to represent the interest of the SELPA as a whole without promoting any particular local education interest over the interest of any other agency. In the event there are differences of opinions and/or positions on issues, it is the SELPA Director s responsibility to mediate a reasonable resolution of the issue(s).
11 THE ADMINISTRATIVE UNIT AND THE SELPA DIRECTOR, AS ITS DESIGNEE, ARE RESPONSIBLE FOR: A. Developing and providing forms and manuals that will assist the districts in complying with procedural safeguards. B. Coordinating services to disabled students with districts and other local public agencies through negotiation of agreements, understandings and ongoing dialogue to assure that all students with exceptional needs have equal access to all programs and services in the Madera-Mariposa SELPA. C. Providing assistance, upon request, in due process proceedings. The Due Process assistance may include: reviewing with parents/guardians local alternatives to Due Process, such as: Informal SELPA review with the SELPA Director or designee Alternative Dispute Resolution. Advising the district on the results and required corrections of any due process proceedings. If assistance involves serving as the district s representative in due process proceedings, the SELPA Director is not a respondent or responsible party. SELPA assistance is not intended to take the place of legal representation, which will be an option of the district of residence. D. The Administrative Unit will only be responsible for implementing any corrections or results of a mediation or due process proceeding when the Administrative Unit was the respondent or responsible party. The district(s) is responsible for implementing any corrections or results of a mediation or due process proceeding when the district(s) is the respondent or responsible party. E. The Administrative Unit will be responsible for paying attorney fees only when the Administrative Unit was the respondent or responsible party. The district(s) are responsible for attorney fees when the district(s) is the respondent or responsible party. SELPA PROGRAM SPECIALIST Under the direction of the SELPA Director, the Program Specialist will be a member of the Special Education Local Plan Area office staff and will provide consultation, technical assistance and training for the LEA s special education staff, administrators, and general education teachers as well as provide support and assistance for parents of special education students. The Program Specialist will serve as a member of the Program Administrators Council. The Program Specialist will oversee the WorkAbility programs throughout the SELPA and participate in Region 4 WorkAbility 1meetings.
12 A more detailed description of the Program Specialist duties are contained in the SELPA Program Specialist job description, maintained by Human Resources, Madera County Superintendent of Schools. 9. REGIONALIZED OPERATIONS A. Funds for regionalized operations and services and the direct instructional support of program specialists shall be apportioned to the special education local plan areas. As a condition to receiving those funds, the special education local plan area shall ensure that all functions listed below are performed in accordance with the description set forth in its local plan adopted pursuant to Section 56205: (a) Coordination of the special education local plan area and the implementation of the local plan. (b) Coordinated system of identification and assessment. (c) Coordinated system of procedural safeguards. (d) Coordinated system of staff development and parent and guardian education. (e) Coordinated system of curriculum development and alignment with the core curriculum. (f) Coordinated system of internal program review, evaluation of the effectiveness of the local plan, and implementation of a local plan accountability mechanism. (g) Coordinated system of data collection and management. (h) Coordination of interagency agreements. (i) Coordination of services to medical facilities. (j) Coordination of services to licensed children's institutions and foster family homes. (k) Preparation and transmission of required special education local plan area reports. (l) Fiscal and logistical support of the community advisory committee. (m) Coordination of transportation services for individuals with exceptional needs. (n) Coordination of career and vocational education and transition services. (o) Assurance of full educational opportunity. (p) Fiscal administration and the allocation of state and federal funds pursuant to Section (q) Direct instructional program support that may be provided by program specialists in accordance with Section
13 The following are the local interagency agreements and their effective dates: Agency Date of Agreement Madera County Behavioral Health Services Mariposa Behavioral Health California Children s Services Central Valley Regional Center III. DISTRIBUTION OF FEDERAL AND STATE FUNDS All federal and state special education funds shall be allocated to the SELPA Administrative Unit for distribution to local education agencies according to an approved Special Education Funding Allocation Plan. federal and state special education funds. RESPONSIBILITIES FOR DISTRIBUTION OF FEDERAL AND STATE FUNDS The governing boards of the local education agencies participating in the SELPA have agreed that students with disabilities will be provided with appropriate special education services. The Superintendents Council has been designated the authority to determine the distribution of all federal and state special education funds in order for local education agencies to carry out their responsibilities. The Administrative Unit shall be responsible for the distribution of the funds according to an approved Special Education Funding Allocation Plan. The SELPA Director is responsible to ensure that the funds are distributed in accordance with the funding allocation plan. The SELPA Administrative Unit shall develop the Annual Budget Plan for review and approval by the Superintendents Council. The Superintendents Council shall make the Annual Budget Plan available to the local education agencies and the Community Advisory Committee upon approval. PROVISION OF SPECIAL EDUCATION SERVICES TO STUDENTS WITH DISABILITIES It is the intention of the SELPA to provide a full continuum of services to students with disabilities, including students in charter schools, throughout the geographic region of the SELPA. Access to services is through each of the local education agencies. The referral, assessment and IEP process is utilized to identify the needs of each individual student with disabilities. The local education agencies have committed to policies and procedures to assure that students will have appropriate services provided in the least restrictive environment. The Program Administrators Council shall identify, on a regular basis, any unmet needs for students within the SELPA. When services are required beyond the programs and services being provided by any local education agency, the Program Administrators Council shall develop a plan for consideration by the Superintendents Council. Any plan having a fiscal impact on local education agencies shall be reviewed and approved by the Superintendents Council. The SELPA Director and Program Administrators Council shall develop the Annual Services Plan for review and approval by the Superintendents Council. The
14 Annual Services Plan shall be made available to the local education agencies and the Community Advisory Committee upon approval. MONITORING THE USE OF SPECIAL EDUCATION FUNDS Funds allocated for special education programs shall be used for services to students with disabilities. Federal funds under Part B of IDEA may be used for: 1. The costs of special education and related services and supplementary aids and services provided in a regular class or other education-related setting to a child with a disability in accordance with the IEP for the child, even if one or more non-disabled children benefit from these services. 2. To develop and implement a fully integrated and coordinated services system. The SELPA Director and the Administrative Unit shall, through the annual budget process, be responsible for the monitoring and appropriate use of all funds allocated for special education programs. The Superintendents Council through the Annual Budget Plan process shall make final determination and action regarding the appropriate use of special education funds. PREPARATION OF PROGRAM AND FISCAL REPORTS The SELPA Director, with the assistance of the Administrative Unit, shall be responsible to prepare all program and fiscal reports required of the SELPA by the State. Amendments to the Permanent Section of the Local Plan The Superintendents Council may change or adopt amendments to the permanent portion of the Local Plan. Amendments approved in this manner shall become permanent upon subsequent approval by all local education agency governing boards and the State Board of Education. Amendments to the Annual Service and Budget Plans The governing boards of the local education agencies agree to designate authority to the Superintendents Council to approve the SELPA-wide annual service and budget plans and any subsequent modifications. DISPUTE RESOLUTION In the event of a disagreement among local education agencies, and/or the Administrative Unit and the SELPA regarding the distribution of funding, responsibility for service provision and any other governance activities specified in the Local Plan, it is the intent of the Superintendents Council that issues be resolved at the lowest level possible in the governance structure outlined in the Local Plan. The Superintendents Council is considered to be the board of last resort. The decision of the Superintendents Council shall be final.
15 SELECTION OF REPRESENTATIVES FOR DEVELOPMENT OF THE LOCAL PLAN The Local Plan shall be developed and updated cooperatively by a committee of representatives of special and general education, teachers, administrators, representatives of charter schools deemed to be local educational agencies within the SELPA, and with participation by parent members of the Community Advisory Committee (CAC), or parents selected by the Community Advisory Committee to ensure adequate and effective participation and communication. Roles in the Development of the Local Plan 1. The SELPA Director shall be responsible for the coordination of the development of the Local Plan. The SELPA Director shall include input from representatives of charter schools, preschools, general education and special education teachers, and site administrators. 2. The Community Advisory Committee membership includes: special education parents, regular education parents, persons with a disability, special education teachers, regular education teachers, representatives from community agencies, support staff and administrators. The role of Community Advisory Committee in the development of the Local Plan is to: Provide input Provide a forum for members of the public, including parents or guardians of individuals with exceptional needs who are receiving services under the plan to address questions or concerns Review drafts Make recommendations Will have thirty days to review the final plan before submission 3. The role of the Program Administrators in the development of the Local Plan is to: Review the input Review drafts Provide input Make recommendations Review the final plan before submission to Superintendents Council 4. The Superintendents Council membership includes a superintendent representative from each district and county office of the Madera- Mariposa SELPA. The role of Superintendents Council in the development of the Local Plan is to: Review the recommendations Review drafts Provide input Review and approve the final plan for submission to local governing boards for approval
16 IV. EVIDENCE OF PARTICIPATION IN THE DEVELOPMENT OF THE LOCAL PLAN The membership of each of the groups involved in the development of the Local plan are as follows: General Educators Loretta Pesetski, Principal Chawanakee Unified Nancy Isaacs, Alternative Education Madera County Office of Education Special Educator Nancy Crupi, Teacher Madera County Office of Education Special Education Administrators Kathy Gropp, Director Madera Unified School District Cheryl Mohr, Director Madera County Office of Education Trudy Kinsel, Coordinator Bass Lake School District Nancy Damm, Special Education Director Mariposa County/Mariposa Unified Cecilia Massetti, Associate Superintendent Madera County Office of Education Charter School Representatives Steve Carney, Executive Director Pioneer Technical Center Preschool Representative Sharon Malang, Program Director Madera County Office of Education Community Advisory Committee Chair Charles Genseal, Parent and CAC Chair Parent Jennifer Bursey SELPA Director/Executive Secretary Claudia Norris Madera-Mariposa SELPA The dates of meetings to review and provide input to the development of the Local Plan follows: Meeting Dates 02/14/07 03/12/07 04/18/07
17 V. COMMUNITY ADVISORY COMMITTEE Involvement of parents and community in the local education process is a goal of high importance to the Madera-Mariposa SELPA. Likewise, the involvement of special and regular education teachers is of high importance. It is expected that this goal will be facilitated through the Madera-Mariposa Community Advisory Committee. The Madera-Mariposa Community Advisory Committee is formed to advise school districts, County Offices of Education and the SELPA Director on matters pertaining to the planning and implementation of special education programs and services throughout the Madera-Mariposa SELPA as authorized and described in Education Code Sections et seq and in the Madera-Mariposa SELPA Plan for Special Education. MEMBERSHIP Community Advisory Committee is composed of general and special education parents, agency representatives, general and special education teachers, and persons with disabilities, support staff, and administrators. Community Advisory Committee is also responsible for reviewing the Local Plan, including annual service and budget plans and providing ongoing input on special education services, accountability and outcomes and fiscal allocation of resources in accordance with State and Federal education code and regulations. MAJORITY OF COMMUNITY ADVISORY COMMITTEE (CAC) The Madera-Mariposa SELPA will function per approved CAC Bylaws. The Community Advisory Committee will maintain a diligent effort to gain and maintain membership through notices, workshops, flyers, and newspapers notices. A majority of the Madera-Mariposa Community Advisory Committee shall be composed of parents of students enrolled in schools, which are participants in the Madera-Mariposa SELPA, and a majority of those parents shall be parents of students enrolled in special education. As required, the Committee membership consists of at least 50% parents drawn from throughout the SELPA and a majority of these parents are parents of special education pupils. a. Recruitment of parents is made by means of formal and informal contacts, which include notices requesting participation published in local newspapers. b. Recruitment of teachers is through requests for membership addressed through officers of the various teachers organizations and associations. c. Recruitment of related agency representatives is made by the SELPA Director; otherwise, all LEA s share equally in the recruitment process. d. The Community Advisory Committee functions and performs duties in an advisory capacity. e. Community Advisory Committee will support activities on behalf of individuals with exceptional needs by Community Advisory Committee activities such as:
18 1. Distribution of flyers or information 2. Developing and sponsoring special projects The SELPA Director shall provide reports to Community Advisory Committee regarding Program Administrators Council and Superintendents Council actions, particularly as they relate to Community Advisory Committee recommendations. These reports may also include current trends within the SELPA, state and nation related to special education and the effect of those trends on special education programs and services within the SELPA. RESPONSIBILITIES The Community Advisory Committee may advise the SELPA Director on the planning and operation of the SELPA. Such responsibilities may include all of those defined in the SELPA Plan, including, but not limited to, the following: 1. Reviewing the Special Education Local Plan; and providing ongoing input on special education services, accountability and outcomes. 2. Recommending annual priorities to be addressed by the Plan; 3. Advocating, supporting and assisting in parent education; 4. Assisting in recruiting parents and other volunteers who may contribute to the implementation of the plan; 5. Encouraging community involvement in the development and review of the Local Plan; 6. Providing active support of students with disabilities; 7. Providing reviews and input in the development of SELPA policies, procedures handbooks and forms. VI. PUBLIC PARTICIPATION Members of the public, including parents or guardians of students with disabilities, may address questions or concerns to the governing boards of the local educational agencies, the Superintendents Council, and the SELPA Director. On matters of policy and budget development the Community Advisory Committee and all other interested parties are welcome to provide input to the SELPA Director and Program Administrator for review prior to Superintendents Council meeting. VII. RESPONSIBILITIES OF SUPERINTENDENTS The superintendents of each participating local education agency shall be responsible for special education programs operated by the agency and for implementing all requirements of the Local Plan. Each LEA superintendent is responsible for providing input and/or recommendations to and from his/her Board regarding policies, procedures and operation of the special education programs through his/her representative on the Superintendents Council.
19 SPECIAL EDUCATION LOCAL PLAN AREA LOCAL EDUCATION AGENCY (LEA) ASSURANCES 1. FREE APPROPRIATE PUBLIC EDUCATION (20 USC 1412 (a)(1)) It shall be the policy of this LEA that a free appropriate public education is available to all children residing in the LEA between the ages of three through 21 inclusive, including students with disabilities who have been suspended or expelled from school. 2. FULL EDUCATIONAL OPPORTUNITY (20 USC 1412 (a)(2)) It shall be the policy of this LEA that all pupils with disabilities have access to educational programs, nonacademic programs, and services available to non-disabled pupils. 3. CHILD FIND (20 USC 1412 (a)(3)) It shall be the policy of this LEA that all children with disabilities residing in the State, including children with disabilities who are homeless or are wards of the State and children attending private schools, regardless of the severity of their disabilities, and who are in need of special education and related services are identified, located and evaluated. A practical method is developed and implemented to determine which students with disabilities are currently receiving needed special education and related services. 4. INDIVIDUALIZED EDUCATION PROGRAM (IEP) AND INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP) (20 USC 1412 (a)(4)) It shall be the policy of this LEA that an Individualized Education Program (IEP) or an Individualized Family Service Plan (IFSP) is developed, reviewed and revised for each child with a disability who requires special education and related services in order to benefit from his/her individualized education program. It shall be the policy of this LEA that a review of an IEP will be conducted on at least an annual basis to review a student s progress and make appropriate revisions.
20 5. LEAST RESTRICTIVE ENVIRONMENT (20 USC 1412 (a)(5)) It shall be the policy of this LEA that to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled. Special class, separate schooling, or other removal of a student with disabilities from the general educational environment, occurs only when the nature or severity of the disability of the student is such that education in general classes with the use of supplemental aids and services cannot be achieved satisfactorily. 6. PROCEDURAL SAFEGUARDS (20 USC 1412 (a)(6)) It shall be the policy of this LEA that children with disabilities and their parents shall be afforded all procedural safeguards throughout the provision of a free appropriate public education including the identification, evaluation, and placement process. 7. EVALUATION (20 USC 1412 (a)(7)) It shall be the policy of this LEA that a reassessment of a student with a disability shall be conducted at least once every three years or more frequently, if appropriate. 8. CONFIDENTIALITY (20 USC 1412 (a)(8)) It shall be the policy of this LEA that the confidentiality of personally identifiable data information and records maintained by the LEA relating to children with disabilities and their parents and families shall be protected pursuant to the Family Educational Rights and Privacy Act (FERPA). 9. PART C, TRANSITION (20 USC 1412 (a)(9)) It shall be the policy of this LEA that a transition process for a child who is participating in Early Intervention Programs (IDEA, Part C) with an IFSP is begun prior to a toddler s third birthday. The transition process shall be smooth, timely and effective for the child and family.
21 10. PRIVATE SCHOOLS (20 USC 1412 (a)(10)) It shall be the policy of this LEA to assure that children with disabilities voluntarily enrolled by their parents in private schools shall receive appropriate special education and related services pursuant to LEA coordinated procedures. The proportionate amount of federal funds will be allocated for the purpose of providing special education services to children with disabilities voluntarily enrolled in private school by their parents. 11. LOCAL COMPLIANCE ASSURANCES (20 USC 1412 (a)(11)) It shall be the policy of this LEA that the local plan shall be adopted by the appropriate local board(s) (district/county) and is the basis for the operation and administration of special education programs; and that the agency(ies) herein represented will meet all applicable requirements of state and federal laws and regulations, including compliance with the Individuals with Disabilities Education Act, the Federal Rehabilitation Act of 1973, Section 504 of Public Law and the provisions of the California Education Code, Part INTERAGENCY (20 USC 1412 (a)(12)) It shall be the policy of this LEA that interagency agreements or other mechanisms for interagency coordination are in effect to ensure services required for FAPE are provided, including the continuation of services during an interagency dispute resolution process. 13. GOVERNANCE (20 USC 1412 (a)(13)) It shall be the policy of this LEA to support and comply with the provisions of the governance bodies and any necessary administrative support to implement the Local Plan. A final determination that an LEA is not eligible for assistance under this part will not be made without first affording that LEA with reasonable notice and an opportunity for a hearing through the State Educational Agency.
22 14. PERSONNEL QUALIFICATIONS (20 USC 1412 (a)(14)) It shall be the policy of this LEA to ensure that personnel providing special education related services meet the highly qualified requirements as defined under federal law, including that those personnel have the content knowledge and skills to serve children with disabilities. This policy shall not be construed to create a right of action on behalf of an individual student for the failure of a particular LEA staff person to be highly qualified or to prevent a parent from filing a State complaint with the CDE about staff qualifications. 15. PERFORMANCE GOALS & INDICATORS (20 USC 1412 (a)(15)) It shall be the policy of this LEA to comply with the requirements of the performance goals and indicators developed by the CDE and provide data as required by the CDE. 16. PARTICIPATION IN ASSESSMENTS (20 USC 1412 (a)(16)) It shall be the policy of this LEA that all students with disabilities shall participate in state and district-wide assessment programs. The IEP team determines how a student will access assessments with or without accommodations, or access alternate assessments, consistent with state standards governing such determinations. 17. SUPPLEMENTATION OF STATE/FEDERAL FUNDS (20 USC 1412 (a)(17)) It shall be the policy of this LEA to provide assurances that funds received from Part B of the IDEA will be expended in accordance with the applicable provisions of the IDEA; will be used to supplement and not to supplant state, local and other Federal funds those funds. 18. MAINTENANCE OF EFFORT (20 USC 1412 (a)(18)) It shall be the policy of this LEA that federal funds will not be used to reduce the level of local funds and/or combined level of local and state funds expended for the education of children with disabilities except as provided in Federal law and regulations.
23 19. PUBLIC PARTICIPATION (20 USC 1412 (a)(19)) It shall be the policy of this LEA that public hearings, adequate notice of the hearings, and an opportunity for comment available to the general public, including individuals with disabilities and parents of children with disabilities are held prior to the adoption of any policies and/or regulations needed to comply with Part B of the IDEA. 20. RULE OF CONSTRUCTION (20 USC 1412 (a)(20)) (Federal requirement for State Education Agency only) 21. STATE ADVISORY PANEL (20 USC 1412 (a)(21)) (Federal requirement for State Education Agency only) 22. SUSPENSION/EXPULSION (20 USC 1412 (a)(22)) The LEA assures that data on suspension and expulsion rates will be provided in a manner prescribed by the CDE. When indicated by data analysis, the LEA further assures that policies, procedures and practices related to the development and implementation of the IEPs will be revised. 23. ACCESS TO INSTRUCTIONAL MATERIALS (20 USC 1412 (a)(23)) It shall be the policy of this LEA to provide instructional materials to blind students or other students with print disabilities in a timely manner according to the state adopted National Instructional Materials Accessibility Standard. 24. OVERIDENTIFICATION AND DISPROPORTIONALITY (20 USC 1412 (a)(24)) It shall be the policy of this LEA to prevent the inappropriate disproportionate representation by race and ethnicity of students with disabilities. 25. PROHIBITION ON MANDATORY MEDICINE (20 USC 1412 (a)(25)) It shall be the policy of this LEA to prohibit school personnel from requiring a student to obtain a prescription for a substance covered by the Controlled Substances Act as a condition of attending school or receiving a special education assessment and/or services.
24 26. DISTRIBUTION OF FUNDS (20 USC 1411(e),(f)(1-3) (Federal requirement for State Education Agency only) 27. DATA (20 USC 1418 a-d) It shall be the policy of this LEA to provide data or information to the California Department of Education that may be required by regulations. 28. READING LITERACY (State Board requirement, 2/99) It shall be the policy of this LEA that in order to improve the educational results for students with disabilities, SELPA Local Plans shall include specific information to ensure that all students who require special education will participate in the California Reading Initiative. 29. CHARTER SCHOOLS (E.C (a-c)) It shall be the policy of this LEA that a request by a charter school to participate as a local educational agency in a special education local plan area may not be treated differently from a similar request made by a school district.
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