CAC HANDBOOK. CAC Open Gate 300 Seneca Avenue San Francisco, CA If you have questions, call Open Gate at voice or TTY.

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1 CAC HANDBOOK The Community Advisory Committee (CAC) for Special Education for the San Francisco Unified School District (SFUSD) wishes to express its appreciation to all CAC members, SFUSD staff, and San Francisco State University staff who contributed their time, knowledge, talent, and experience to make this Resource Guide possible. No person may advocate for a child as a CAC representative or speak for the CAC without prior approval of the membership. The CAC does not advise parents as to the nature of a child's disability or needs, nor does the CAC recommend placements or therapeutic procedures. Copies of this handbook are available free to families whose children are enrolled in SFUSD or who come to Open Gate. Translation in Spanish and Chinese is available. All others please send $4.00 to cover shipping and handling to: CAC Open Gate 300 Seneca Avenue San Francisco, CA If you have questions, call Open Gate at voice or TTY. 11th Edition, 2002

2 TABLE OF CONTENTS Page 1. Introduction Community Advisory Committee for Special Education Laws Related to People with Disabilities The Individualized Education Program (IEP) Process Referral 4.2 Assessment 4.3 The IEP 4.4 Placement 4.5 Implementation 4.6 Review 5. The Individualized Family Service Plan (IFSP) Referral 5.2 Service Coordination 5.3 Assessment 5.4 Confidentiality 5.5 Individualized Family Service Plan (IFSP) 5.6 Services 5.7 Natural Environments 5.8 Due Process 6. Designated Instruction and Services (Related Services) Rules for Some Related Services (AB 3632/882) 6.2 Mental Health Services 6.3 Occupational and Physical Therapy 6.4 Termination of Services 7. Transition Transportation and Accessibility Transportation 8.2 Accessibility 9. Parents/Guardians' Role in Education: Rights and Responsibilities Resolving Differences Dispute Resolution 10.2 Due Process Hearing Procedures 10.3 Compliance Complaint Procedures 11. Glossary of Special Education Terms and Common Acronyms Glossary 11.2 Acronyms 12. Appendix: Resources for Parents CAC Handbook 1

3 1. INTRODUCTION All parents want their children to receive a good education and succeed in school. Some children require special services to help them achieve this goal. Learning what is available for a child with special needs and/or disabilities and how to get it, can be a challenge for any parent. Special education services may be provided for children with a disability in one or more of the following areas: Autism Deaf/Blind Deafness Emotional Disturbance Hearing Impairment Multiple Disabilities Mental Retardation Orthopedic Impairment Other Health Impairment Specific Learning Disability Speech or Language Traumatic Brain Injury Visual Impairment Local Education Agencies are responsible for assessing children and students who are referred for suspected disabilities from birth through age 21 years. Some of these children and students may be eligible to receive Special Education Services. Students enrolled in private/parochial schools who do not reside in San Francisco should contact the local school district in which the family resides. This handbook was written by members of the San Francisco Community Advisory Committee for Special Education, a group of parents and professionals in special education, to explain the special education process and act as a resource along the way. The handbook concludes with a glossary of special education terms that can be confusing to a newcomer to special education. It is hoped that this handbook will ease your entry into the world of special education and guide you through the processes of referral, assessment, planning and implementation of your child s instructional program and special education services; and ensure that your child receives an education appropriate to his or her particular needs. CAC Handbook 2

4 2. COMMUNITY ADVISORY COMMITTEE FOR SPECIAL EDUCATION The California Education Code requires that each Special Education Local Plan Area (SELPA) have a Community Advisory Committee (CAC) made up of parents, district personnel, agency representatives and other individuals concerned with the needs of individuals with disabilities. The purpose of the CAC is to advise the Board of Education on special education policies, programs, priorities and parent education in the SELPA. In the City and County of San Francisco, the San Francisco Unified School District and the SELPA are the same. In other areas, a SELPA may be made up of a number of school districts. State law requires that a majority of CAC members be parents/guardians. CACs have the potential to make a significant impact on special education policy decisions in a SELPA because they deal directly with the Board of Education, which then directs the district administration. The responsibilities of the CAC include: Advising the school district regarding the development, amendment, review and implementation of the Local Plan. Recommending annual priorities to be addressed in the plan. Assisting in educating parents, students, staff, and community members regarding special education issues. Encouraging community involvement in the development and review of the Local Plan. Supporting activities on behalf of individuals with exceptional needs. Assisting in parent awareness of the importance of regular school attendance. Reporting to the Board of Education at least once each school year on the activities of the CAC. Perhaps the most important area of impact of a CAC is in providing advice on the Local Plan. Each SELPA must have a Local Plan, which is a blueprint of special education programs and services within the SELPA, something like a SELPA's IEP. This plan specifies the nuts and bolts of how the SELPA intends to deliver and fund special education services. The plan, by law, must be developed with the participation of teachers and parents. Parents are appointed by the CAC to participate in this process, and the plan may not be submitted to the California Department of Education without CAC s confirmation that it has been involved and reviewed the plan. The SFUSD Board requires CAC input prior to its local approval. This responsibility of the CAC encourages parent/professional cooperation with the district, and through the Local Plan, provides the community with a vehicle for monitoring how the law is being implemented within the SELPA. Joining the CAC gives you an opportunity to have your opinions heard and make a difference in the way special education is conducted in your area. In San Francisco, CAC meetings are held on the fourth Thursday of each month at Open Gate, 300 Seneca Avenue, from 7:00 to 9:00 p.m. Meetings are open to the public. The CAC invites all parents and concerned individuals to attend and participate in their meetings. For further information about the CAC, please call CAC Handbook 3

5 3. LAWS RELATED TO PEOPLE WITH DISABILITIES There are a number of important pieces of legislation, both state and federal, affecting people with disabilities that you should be aware of. It is very informative to actually read these laws. The most important laws are briefly summarized below: Federal Public Law : The Vocational Rehabilitation Act - Section 504. Section 504 provides that no program, including education programs, which receives federal money, may exclude a person with disabilities from participation in it solely by reason of his or her disability. While IDEA protects children in the area of education, Section 504 protects the disabled for life and encompasses the right to vote, education, accessibility, employment, etc. Section 504 is intended to eliminate discrimination against the disabled in all programs and services provided by recipients of federal funds. If any organization receives federal funds, it must comply with the provisions of Section 504. Since California has elected to receive special education funds, the Rehabilitation Act of 1973, and more pointedly Section 504, applies. Subpart D applies to preschool, elementary, secondary, and adult education programs and activities. Federal Public Law : Americans with Disabilities Act The Americans with Disabilities Act (ADA) of 1990 gives civil rights protection to individuals with disabilities that are like the protection provided to individuals on the basis of race, sex, national origin and religion. It guarantees to individuals with disabilities equal opportunity for employment, public accommodations, transportation, state and local government services and telecommunications. Individuals with Disabilities Education Act (IDEA) PL or The Education of All Handicapped Children Act (EHA) of 1975, re-authorized in 1990, and again in 1997, as The Individuals with Disabilities Education Act (IDEA), guarantees that all children with disabilities receive a free, appropriate public education. Federal funds are allotted to the states to help accomplish this task. IDEA provides: a free and appropriate public education (FAPE) to all children with disabilities, an education to individuals with exceptional needs (IWENs) in the least restrictive environment (LRE) based on individual needs, an assessment which is racially and culturally unbiased and is given in the individual's native language or mode of communication, an individualized education program (IEP) prepared by a team which includes parents, due process and complaint procedures to ensure the rights of your child. You can get a free copy of California Special Education Programs: A Composite of Laws by calling (916) , or by writing to the Bureau of Publications, Sales Unit, California Department of Education, Post Office Box 271, Sacramento, CA Federal Public Law (Part C) The former Education of All Handicapped Children Act (EHA) was amended by PL to establish important rights and essential services for young children with disabilities ages birth to five years, and their families. The name of the Act was later changed to Individuals with Disabilities Education Act (IDEA). PL added Part C, formerly known as Part H, to IDEA to govern the early intervention program for infants and toddlers, ages birth through two years. Part C went into effect in California in October, Statutes and regulations to implement the law are now in effect at both the federal and state levels. CAC Handbook 4

6 Lanterman Developmental Disabilities Services Act of 1983 The Lanterman Act is legislation that guarantees that persons with developmental disabilities have very important rights. These include a right to treatment and rehabilitation services, a right to prompt medical treatment, a right to social interaction and participation in community activities, and a right to participate in an appropriate program of publicly supported education, regardless of degree of handicap. The Lanterman Act set up the Regional Center system to provide case management services and the administration of funding of services. California Education Code The state law corresponding to IDEA regarding special education can be found in the California Education Code, Part 30, Sections et seq. Under California Law, children with disabilities may be eligible for special education from birth to age twenty-two. State laws may be more specific and detailed than the federal law. San Francisco's Local Plan for Special Education The Local Plan is the blueprint of special education funding of programs within the SFUSD. It describes the specific programs, services, and delivery systems mandated by the IDEA and Part 30 of the Education Code listed above. The Local Plan does not address how the district will comply or carry out Section 504, ADA or the Landerman Act. The Local Plan is reviewed and updated every three years. State Assembly Bill 3632 Assembly Bill 3632/882 (California State Law Chapter 26.5, Government Code Section 7570 et seq.) is a state law that requires a number of state agencies to provide coordinated services for special education students. These agencies must assess and then deliver services to students who meet the eligibility criteria. Services include mental health, occupational therapy and physical therapy. California Children s Services (CCS) is responsible for providing OT and PT that is medically necessary. Community Mental Health (CMH) is responsible for providing mental health services. CAC Handbook 5

7 4. THE INDIVIDUALIZED EDUCATION PROGRAM (IEP) PROCESS Special education is instruction specially designed to meet the unique needs of an eligible student with a disability who requires some adaptation to the learning environment or instruction, in order to learn. It can mean individualized or small group instruction or extra supportive services, and is for students from age three to age twenty-two with physical, learning, communicative or developmental needs. To receive special education services, an Individualized Education Program (IEP) must be written describing your child's educational needs. Developing the IEP is a step-by-step process. It includes a referral, assessment, the IEP meeting and placement. These steps must progress according to federal and state timelines. We have attempted to explain the process and answer many of your questions in the next few pages. A diagram outlining the process appears below. SPECIAL EDUCATION - Identification and Assessment Procedures Parent Referral Agency Referral Special Education Referral (15 days) Early Childhood Assessment/Referral Assessment Plan to Parent Assessment Plan Rejected or Not Signed Signed Assessment Plan Returned District May Request Hearing to Complete Assessment (50 days) Assessments Conducted, IEP Scheduled IEP Meeting Held Assessment or IEP Rejected by Parent Assessment Results and IEP Recommendations Accepted Independent Assessment Mediation, Due Process Parent Consent Placement Implementation Benchmark Reviews Annual Review Three Year Reevaluation, if necessary CAC Handbook 6

8 4.1 The Referral A referral is a WRITTEN request for a special education assessment. It marks day number one of the 15-day timeline for developing an assessment plan and delivery to the parent, and starts the IEP process. Referrals may be made by any person, including the parent, who has knowledge of the child. Children age three years to five years and not yet enrolled in public school are referred to Early Childhood Referral and Assessment. Children birth to age three years are referred to Golden Gate Regional Center. The Assessment Center monitors and processes referrals and assessments from school sites, for children five years of age and older. Prior to a referral directly to Special Education, a child may be referred by his or her parents or teacher to the school s Student Success Team (SST). The SST is a general education responsibility, using a systematic problemsolving approach to assist the student not succeeding in a regular education class. The SST unites parents, teachers and all the general education resources to address the concerns and problems affecting a specific student. The team develops modifications and interventions within the current educational setting and follows the process accordingly. After general education resources have been considered and/or provided, if appropriate, a special education referral may be made by the SST. SFUSD provides an SST at every school site. SST s are not mandatory under state law. PARENTS MAY MAKE A DIRECT WRITTEN REFERRAL TO SPECIAL EDUCATION AT ANY TIME, AND ARE NOT REQUIRED TO GO THROUGH THE SST. If your child is already enrolled in special education and you submit a written request for an IEP, the school district has THIRTY (30) DAYS from receipt of the request to schedule an IEP (Education Code Section ). If a special education student transfers to a new school district, the receiving school district must implement the former IEP, and has THIRTY (30) DAYS to review the new placement and develop an IEP (Education Code Section 56325). Hints: You may take your written request for assessment to the school site and have it date stamped. Be sure to request a copy. Be confident in your role as the primary observer of your child and trust those observations to guide you to ask questions and advocate for your child's needs. A referral for an assessment is only a search for information and does not assume your child needs special education. The Assessment Plan An Assessment Plan must be developed for parent approval within FIFTEEN (15) DAYS of receipt of the WRITTEN referral, according to state timelines (Education Code Section 56321). These fifteen days are an information-gathering time to gain parental consent for an assessment, notify parents of their special education rights and responsibilities, and acquire the release of any other relevant information. This information from the parents, professionals, agencies and/or school programs will be used to develop the child's assessment plan. A good referral contains as much information as you can provide to assist school personnel in identifying your specific concerns and developing an assessment plan. The assessment plan is a description of tests, procedures and/or methods to be used to determine your child's educational needs and eligibility for special education services. Parents must be informed about the assessment s purpose, the methods or techniques which will be used, and the people (by title) who will be conducting the assessment. The parent must sign an assessment plan before the school can begin an individual assessment of the CAC Handbook 7

9 child. If a parent refuses to approve an assessment plan when the district believes an assessment is needed, the district or parent may request a due process hearing (see page 23). There is one exception to this. If a parent fails to respond to the district s request for a three-year reevaluation, the district may proceed without parent consent and without going to a hearing (Education Code Section 56506(e)). The assessment plan must be designed to assess your child in all areas related to a known and/or suspected disability (e.g., health, cognitive functioning, vision, hearing, language function, motor skills, self-help, emotional adaptive behavior, etc.). The information you provide is essential to developing a comprehensive assessment plan. The Plan reflects the cultural influences and linguistic needs of the child and the family. When parents receive the assessment plan, they should review it carefully. They should raise questions or speak up if they feel that additional areas of concern should be assessed before approving the plan. Parents should feel free to consult with the assessment personnel and other experts before signing the assessment plan. Hints: Talk to the person administering tests. Your input counts. Be sure all of the areas of concern are being addressed in this plan. You may request more information about the purpose of the specific test to be used. If you need information in another language or an interpreter, you can request it. 4.2 The Assessment The assessment must be conducted and the IEP scheduled within FIFTY (50) DAYS of the district's receipt of the signed Assessment Plan (Education Code Section 56344). However, if a referral is made less than twenty days before the end of the school year, the district has up to thirty days after the beginning of the subsequent school year to develop the IEP. (The 50-day timeline does not include days between school terms/sessions and vacation days in excess of 5 days.) The assessment includes, but is not limited to, collecting important information from parents and from qualified district personnel. The assessment may include: formal/informal test(s) administered in a one-on-one setting, review of school records, parent interview, teacher interview, observation of the student in the classroom and possibly other settings such as on the playground, health and developmental history. In addition, the assessment will include reviewing any outside evaluations you have obtained and made available to the school district. Parents will receive an assessment plan. The assessments should provide an accurate and thorough understanding of your child's strengths, weaknesses and needs. All assessments must be provided in your child's primary language and cannot be racially, culturally or sexually discriminatory. The assessor must be knowledgeable of your child's disability and must be qualified to perform the assessment. Translators/interpreters will be made available, as needed. Parents may receive copies of the assessment report prior to the IEP upon request. You may also request that assessment personnel discuss the results with you prior to the IEP team meeting. If parents disagree with the results of the assessment, they may request that an independent assessment be performed. Unless the district requests a due process hearing to prove the appropriateness of its assessment, the parents must be reimbursed for the cost of the assessment. District guidelines on obtaining independent assessments are available upon request. Hints: CAC Handbook 8

10 If you feel your child s testing should be in a language other than English, you should request the necessary language or communication mode. Requesting copies of the assessment report prior to the IEP meeting will help you to be better prepared to participate in the IEP meeting. The request for copies of the assessment should be put in writing. You may postpone the IEP until you receive the copies of the assessment. Be sure the assessment reports describe thoroughly and accurately your child's special needs. 4.3 The IEP Meeting THE IEP IS THE KEY TO YOUR CHILD'S EDUCATION! The IEP is a legal document, which must be written for each child who receives special education services. The child s IEP helps ensure that special education services support identified learning needs, and that their appropriateness is evaluated regularly. The IEP specifies services to be provided by the school district. It describes anticipated annual goals and reasonable short-term objectives or benchmarks for the child, and serves as a blueprint for instruction in the school environment. The IEP must be reviewed and revised, as appropriate, at least once a year. You or a team member can request a review more frequently. Reviews must also be conducted whenever the child has reached their goals, or is not making the anticipated progress. PARENTS/GUARDIANS MUST BE PART OF THE IEP TEAM. Legally, an IEP team must include at least the parent/guardian, a teacher knowledgeable about your child, an administrator or designee, and the student, when appropriate. A regular education teacher must participate if the child is, or will be, in regular education. Other team members may be a Regional Center counselor; non-school therapists or specialists who work with the child; a friend or relative who will provide moral support and take notes; advocates from organizations or agencies; or private attorneys. Parents should feel free to ask for clarification on any issue, term or acronym used. Parental participation is essential at an IEP meeting. Federal and state law require that the IEP meeting should be scheduled at a mutually agreed upon time and place. IEP MEETINGS INCLUDE THE FOLLOWING: 1. Discussion and written descriptions of your child s present level of performance as determined by the assessments and observations in academic and non-academic areas. Statements should describe the way your child performs and how the disability affects your child s participation and progress in the general curriculum. They should not only list test scores, but should also include descriptions of the child s strengths and abilities. 2. Development of, or review and revision of, annual goals based on current educational needs, including benchmarks or short-term objectives. These goals must include how they will be measured and evaluated. Those responsible must also keep a record of your child s progress and report that progress to you at least as often as regular education students receive progress reports. 3. Discussion and descriptions written of the special education and related designated instruction and services (DIS) that your child's educational program requires (e.g. speech therapy, physical therapy), including when they will begin, how frequently they will be provided, how long they will last, and where they will be provided. These services are recommended by DIS providers. 4. Discussion of program modifications and supports (supplementary aides and services) that may be needed in order for your child to receive an appropriate education and to be involved and progress in the general curriculum. CAC Handbook 9

11 5. If your child requires an extended school year (ESY), it must be specified in the IEP. 6. Transportation. The IEP team is responsible for determining the appropriate level of transportation services for each student. 7. Written description specifying the extent to and manner in which your child will not participate in the regular education program and have contact with non-disabled peers, including non-academic and extracurricular activities. 8. Discussion and description of the placement. This refers to the setting(s) that best implements your child s educational program and the anticipated date when special education services will begin. A variety of placement options may be appropriate (e.g. Regular Class, Resource Specialist Program, Special Day Class, Non Public Schools, State Special Schools or DIS only). 9. How the child will be included in statewide/districtwide achievement testing. 10. Transition from preschool, NPS and/or adult life. Persons attending an IEP team meeting are asked to sign the IEP to indicate their participation; however only the parent/guardian is asked to approve the IEP. This is because an IEP cannot be implemented without parent approval. You DO NOT have to sign the IEP at the IEP meeting. If you do not feel you understand the IEP, or want to read it more thoroughly, you may request to take the document home. You can have a friend, professional, or parent advocate help you to review and evaluate the IEP. You may consent to all or part of the IEP. Only those services consented to can and must be implemented. Any disputed services will need to be addressed further in another informal or formal setting, as necessary (see Due Process, Section 10.2). You may audiotape the IEP team meeting. Provide 24 hours written notice of your intent to tape the meeting to the staff member who sent you the invitation to the meeting. If you choose to record the meeting, you will need to supply the tape recorder and the blank tapes. Recording the meeting may be helpful to you because it provides you with the opportunity to review key parts of the meeting if you need to. If you choose to record the meeting, the district will also typically record it. Any member of the team has this right; however if the parent refuses recording, it may not be recorded. Hints: There should be goals focusing on identified areas of weakness. Be certain all services are included with specific frequency, duration, location and measurable annual goals. Is regular education participation described for your child? If so, what support services are needed, and by whom and how will they be provided? Be sure there is an implementation date on the IEP, and for any services that may take longer to arrange. If you need additional help or information, contact Open Gate ( ). If you disagree and can't resolve the issues, refer to the "Resolving Differences" section in this handbook. 4.4 Program Placement Program placement must be discussed at every IEP meeting and included in the IEP. CAC Handbook 10

12 Program placement is an IEP team recommendation and is determined by the educational needs described in the IEP, including transportation needs, access to related services, and accessibility requirements. There must be a full range of program placement options considered for your child. Your child is entitled to placement within the Least Restrictive Environment (LRE). As with the IEP generally, parents must consent to the program placement decisions prior to placement. If uncertain, you should ask to visit the program option(s) recommended. Inclusion occurs when a student's primary program placement is in a general education classroom with nondisabled students of a similar age. In that classroom, the student receives the necessary specialized supports and services as defined in the IEP. Mainstreaming occurs when a student's primary program placement is a special day class, AND the student attends and participates in general education classrooms for SOME segments of the instructional day, with specialized supports and services necessary to meet IEP goals. A list of possible placement options follows*: day Resource Specialist for Specific Classes or Support in General Education Classes Designated Instruction and Services** General Education Class Placement (may include RSP or other supports) General Education Class Placement for majority of Integration in non- Special Day Class (SDC) in regular school academic and academic classes Special Schools in Public School System Non-public special education day schools State special schools Non-public residential schools Home Teaching **Designated Instruction and Services may be provided to students in all placements. *Schools do not place students in hospitals. However, if a student who is eligible for special education services is hospitalized for a substantial period of time, he/she is entitled to receive educational services there. Parents are ENCOURAGED to visit and observe recommended and alternative school site placements so they can be informed decision-makers. Parents may submit in writing, specific school site placement requests and reasons for them. Contact Open Gate ( ) if you need assistance with the placement process. Hint: Be clear on what kind of environment your child is successful in. Be certain all placement alternatives have been considered. 4.5 Implementation Implementation is to occur as soon as possible after the IEP is signed. The IEP must have an implementation date, and all services that cannot start immediately should also specify a start date. CAC Handbook 11

13 If transportation is needed, parents may provide their own transportation until busing begins. In some cases parents may be reimbursed, however this must be determined by the IEP team. Parents are encouraged to visit their child s program and/or communicate with teacher and staff frequently to know if this particular program is truly fulfilling the IEP. You must contact the site administrator/teacher to arrange your visit. Contact Open Gate ( ) if you need assistance with implementation. Hint: To ensure that services and instruction are coordinated, feel free to discuss during the IEP, a mechanism for communicating with personnel responsible for your child s program. 4.6 IEP Review IEPs MUST be reviewed at least annually, whenever anticipated progress is not being made, or if your child has reached their goals, and more frequently if necessary. You or your child s teacher(s) may request reviews of the IEP at any time to consider changes in your child s program. At the annual review the IEP team reviews the current IEP, your child s progress, and the appropriateness of the program placement, and designated instruction and services. All teachers, DIS providers and others who are working with your child should provide input to the IEP team. Changes in your child s program and services are made, as appropriate, and a revised IEP is developed for the following year. If the IEP team determines that your child no longer needs special education services, a full assessment may be needed and a plan may be designated to assist your child with returning to the general education program full time. A reassessment MUST be done every three years. The school district schedules IEPs and three-year reassessments based upon the date of the initial assessment; e.g., initial January 2000, reassessment January Before such reassessment, you and other IEP team members are asked to review available data to determine if additional assessments are needed. If the district personnel determine that no further assessments are needed, you must be so notified. If you disagree, you may request that the District conduct a three-year assessment. See Section 9. Hint: All requests should be put in writing. You should keep records of contacts and correspondence with all professionals regarding your child. This is essential for monitoring and evaluation. CAC Handbook 12

14 5. THE INDIVIDUALIZED FAMILY SERVICE PLAN (IFSP) Early Intervention services help infants and toddlers with special health and developmental needs learn and grow. Early intervention services and supports are planned and delivered through a partnership between families and professionals. Early intervention coordinates services to meet the developmental needs of the child within the context of the family. Golden Gate Regional Center has the primary responsibility for early intervention services. Children birth to age three years are referred to Golden Gate Regional Center. In California, eligible infants and toddlers include: Infants and toddlers with a delay in at least one area of development Infants and toddlers with established conditions known to cause a disability or delay, and Infants and toddlers who are at high risk of experiencing developmental disability. To receive early intervention services, an Individualized Family Service Plan must be written which states your family s concerns, priorities and resources, and information about your child s present level of development. The plan outlines the specific services and supports that your child and your family will receive to achieve desired outcomes. EARLY INTERVENTION - Identification and Assessment Procedures Doctor or Other Health Care Provider Referral Parent Referral Agency Referral Early Intervention/Part C Referral (2 days) Referral Responded to Childcare Provider Early Childhood Assessment/Referral (45 days) Assessment/Evaluation IFSP Meeting Early Intervention Services Six Month Review Annual Review Transition Planning related to Preschool and/or Part B Services may begin at 2.6 Years and no later than 2.9 Years CAC Handbook 13

15 5.1 Referral Referrals may be made by parents, physicians or any other professional. If a professional suspects that an infant or toddler may have a disability the referral to the Regional Center must be made within two days. You have the right to an evaluation/assessment of your child s functioning and meeting to develop the IFSP within 45 days of the referral. You may request an extension of the timeline. 5.2 Service Coordination Parents have the right to a service coordinator who assists them in understanding how the system works and obtaining appropriate early intervention services. The service coordinator works with you to ensure implementation of the IFSP and to access needed services in a timely, efficient manner. 5.3 The Assessment You have the right to approve or disapprove before your child is evaluated or receives any services. You have the right to decline services at any point. You have the right to understandable information about the early intervention system and the services provided through early intervention. You have the right to information about your child s evaluation and assessment results. You have the right to examine and/or obtain a copy of all records concerning early intervention services available to you and your child. Information must be provided in your primary language or primary mode of communication. You have the right to participate, as members of a multidisciplinary team, in the process of evaluation and assessment. Appropriately qualified personnel from the regional center or local education agency (LEA) determine eligibility for services with input from you. 5.4 Confidentiality No information which is personally identifiable about a family or a family member may be released by an agency serving you, without your written permission. 5.5 Individualized Family Service Plan (IFSP) You have the right to participate collaboratively in the process of developing the IFSP which states the family s resources, priorities and concerns about their child s development. The plan outlines the specific services and supports that your child and family will receive to achieve desired outcomes. You may include other participants, such as family members, friends, other parents of children with disabilities or advocates in the development and implementation of early intervention services at your IFSP meeting. 5.6 Services Eligible children and their families may receive a variety of early intervention services based on your child s needs. Services may include: Assistive technology, including assistive devices or services; Audiology or hearing services; CAC Handbook 14

16 Counseling, home visits, and training for the family; Health services necessary for the child to benefit from other early intervention services; Medical services for diagnosis and evaluation only; Nursing services; Nutrition services; Occupational therapy; Physical therapy; Psychological services; Respite; Service coordination; Social work services; Special instruction; Speech and language services; Transportation and related costs necessary for eligible infants and toddlers to receive services; and Vision services. 5.7 Natural Environments To the maximum extent appropriate early intervention services are to be provided in natural environments, including the home, and community settings in which children without disabilities participate. 5.8 Due Process You have the right to disagree with decisions made regarding evaluation for eligibility, assessment results or services. If parents disagree or are not satisfied with services, you may engage in a process of informal problem solving and/or formal administrative proceedings, as specified in the law. If a parent or professional is concerned about a child s development, the first step is to refer the child for an assessment. Refer directly to: Early Start Coordinator Golden Gate Regional Center (415) CAC Handbook 15

17 6. DESIGNATED INSTRUCTION AND SERVICES (RELATED SERVICES) Designated Instruction and Services (DIS), also known as Related Services under Federal Law, are supportive services provided to help a student benefit from a special education program. This educational need is determined through the identification, assessment, and IEP process. Students may be placed in regular education classes and receive only DIS services (e.g. speech therapy only). DIS services may be provided by specialists credentialed to perform the services, or if competent and qualified, the regular classroom teacher, the special education teacher, or a resource specialist. The school district may contract with other public or private agencies for specific services to be provided by qualified personnel. DIS may include, but is not limited to, the following (see glossary for definitions): Speech and language development and remediation Adaptive physical education Audiological services Counseling and guidance Health and nursing services Instruction in home and hospital Mental health services Occupational therapy Orientation and mobility instruction Parent education Parent counseling and training Physical therapy Psychological services Recreation services Social worker services Specialized driver training instruction Specialized services for low-incidence disabilities (e.g. readers, transcribers, vision and hearing services) Specialized vocational education and career development Transportation services Vision services These services are provided in order for the student to benefit educationally from his or her instructional program and are provided at no cost to the parent. 6.1 Rules for Some Related Services Assembly Bill 3632/882 (California State Law Chapter 26.5, Government Code Section 7570 et seq.) is a 1984 state law that requires interagency agreements to provide coordinated services for special education students from birth to 22 years. AB 3632/882 provides for the delivery of related services, specifically mental health, occupational therapy and physical therapy services to special education students who meet the eligibility criteria. These services and the assessments required to determine eligibility are to be provided at no cost to parents. Locally, SFUSD works with San Francisco Division of Mental Health (DMH) to assess for eligibility and provide delivery of mental health services and California Children's Services for the provision of medically necessary occupational therapy (OT) and physical therapy (PT) services to special education students who meet their (CCS) eligibility criteria. For those who don t qualify for CCS, SFUSD is responsible for providing OT and PT services. CAC Handbook 16

18 6.2 Mental Health Services for Special Education Students Mental health services provided under AB 3632/882 are designed to help the student benefit from special education. Specifically, mental health services are: counseling services to promote personal independence individual, group, or family therapy day treatment for more intense emotional or behavioral problems residential treatment medication monitoring case management collateral services Services may be provided at a school site, a neighborhood mental health clinic, or a day treatment facility. Residential treatment is another mental health service for emotionally disturbed students (under AB 3632/882). State law requires that the expanded IEP team consider less restrictive alternatives, prior to making a recommendation for residential placement. ELIGIBILITY: Special education students needing mental health services beyond those which can be provided by the school, to benefit from a special education program, may qualify for services. The Referral and Assessment Process for Mental Health Services: 1. A parent or teacher may make a WRITTEN referral for an assessment of a student s social or emotional functioning. The referral request date is the first day of the timeline. However an IEP team must make the referral to community mental health for an assessment under AB The student s teacher completes a checklist documenting the observed behaviors and interventions completed prior to the referral. 3. An assessment plan will be prepared by DMH and sent to the parents within 15 days. 4. The assessment will be conducted and the IEP scheduled within 50 days of DMH's receipt of the signed assessment plan. A mental health assessment may include, but is not limited to, a review of all previous records, parent/teacher/student interviews, and classroom observations. Parents may receive a copy of the assessment report, upon request, prior to the IEP meeting. If parents disagree with the results or have concerns about the thoroughness of the assessment, they may request that an independent assessment be performed. 5. If mental health services are found to be necessary by the IEP team, they must be written into the IEP along with the frequency, duration and location of service. 6. If a child is being considered for residential placement, the IEP team must be expanded to include DMH and SFUSD personnel experienced in this type of placement. 7. Transportation for all related services is the responsibility of SFUSD and must be included in the IEP if necessary. 8. Services must be implemented as soon as possible after the IEP is signed. As with any IEP service, an anticipated initiation date must be specified. Mental Health Services may be discontinued when: treatment is completed, as determined by the IEP team, based on the recommendations of a mental health service provider. student is demitted from special education with parental consent. family no longer wishes to receive services (however, this may be subject to a due process hearing if the district/mental health disagrees). CAC Handbook 17

19 In all cases, modification or termination of any related service requires appropriate consent by the parent to these changes on the IEP. One Final Note about AB 3632/882: If there is a conflict over assessment, eligibility or service delivery, there are two points to remember: 1. The local school district is ultimately responsible for providing all special education services, even if DMH is delivering the service. 2. Due process procedures may be used to resolve any conflict concerning special education services. 6.3 Occupational or Physical Therapy for Special Education Students Under AB 3632/882, California Children's Services (CCS) has been designated the agency responsible to assess for eligibility and provide delivery of medically necessary occupational therapy (OT) and physical therapy (PT) services. ELIGIBILITY: According to federal law, any special education student needing OT or PT to benefit from special education qualifies for services. CCS eligibility criteria, however, limits services to students with disabilities whose medical condition will improve as a result of the therapy. Students who do not qualify for CCS services, but need OT/PT, will be served by the school district. The Referral and Assessment Process for OT or PT Services: 1. A parent or teacher may make a WRITTEN referral for an OT or PT assessment. The referral request date is the first day of the state timeline. 2. The referral is reviewed by a Joint Review Team of district and CCS staff. 3. An assessment plan is developed within 15 days, whether by district or CCS. 4. The assessment will be conducted and the IEP scheduled within 50 days of the district s receipt of the signed assessment plan. 5. Parents may receive a copy of the assessment report, upon request, prior to the IEP meeting. 6. As with other assessments, if parents disagree with the results, they may request that an independent assessment be performed. The parents MUST be reimbursed for the cost of the assessment unless the district/ccs requests a hearing to prove the appropriateness of its assessment. District guidelines for obtaining IEE s are available upon request. 7. If OT or PT services are found to be necessary by the IEP team, they must be written into the IEP along with the frequency, duration and location of services. 8. Transportation for all related services is the responsibility of SFUSD and must be included in the IEP if necessary. AB 3632/882 says that OT or PT services may be provided at a Medical Therapy Unit (MTU) or at a satellite unit. If services are to be provided off-site, the scheduling and/or transportation to services becomes an important issue. Careful consideration must be given to the time out of class incurred due to therapy schedules, while keeping the education in the Least Restrictive Environment (LRE). 9. Services must be implemented without undue delay, and initiation date must be specified. 6.4 Termination of Services Any change in a provided service must be made through the IEP process, with parent consent. CAC Handbook 18

20 7. TRANSITION Transition is defined as a process designed to support the movement from school to work and from childhood to a quality adult life. The goal of transition is meaningful employment and successful community functioning for young adults with disabilities. If your child with special needs is 14 years old (or younger if appropriate) the IEP team must develop a statement of the transition service needs of the student to be included in the IEP. The key elements of transition include: 1. An appropriate school program that attempts to increase knowledge and skills necessary for independence, employment, and community participation. 2. A joint effort involving the student, parent/guardian, school and community agencies that are responsible for providing services for individuals with disabilities. Some examples of community agencies are the Department of Rehabilitation, the Regional Center, the Regional Occupational Program (ROP) and Employment Development Department (EDD). 3. Long range systematic planning involving the Individualized Education Program (IEP) process and vocational goals that lead to quality employment opportunities. 4. Training and on-the-job experiences that assist the individual to acquire basic job skills. 5. Post-school training and/or placement into meaningful employment. 6. Post-secondary education, as appropriate People with special needs have a variety of employment opportunities including: 1. Competitive Employment: Full or part-time employment in the community at minimum wage or better. 2. Supported Employment: Supported Employment is structured job placement and/or on-the-job training with follow-up services for as long as necessary to help a person keep a job. 3. Work Crews: Small groups of individuals with special needs are employed in the community under the supervision of a trained job coach. 4. Sheltered Work Arrangements: A segregated option that provides group work under close supervision. 5. Volunteer Work: Unpaid work that leads to meaningful contributions in the community which enhances personal growth and self esteem. Transition planning begins at age 14 years, or younger if appropriate. When the student is 16 years of age, he/she must be invited to attend the IEP meeting and otherwise be involved in planning for his/her transition to adult life. CAC Handbook 19

21 8. TRANSPORTATION AND ACCESSIBILITY 8.1 Transportation Like other related services, transportation must be provided if it is determined to be necessary for a student to benefit from special education. The particular transportation needs of a student must be specified on the IEP. Transportation services vary from home-to-school service to the provision of a MUNI fast pass each month, depending on the independence of the student. If the child is placed in a school outside the district, mileage reimbursement may be provided to the parent instead of transportation services. If necessary, a paraprofessional may be assigned to help a student ride the bus, via documentation of need in the IEP and pursuant to district guidelines. Guidelines on the assignment of paraprofessionals are available upon request. Transportation must also be provided if the student is to receive related services off the school site. In this case, careful attention must be paid to the scheduling of these services so that the student does not miss too much time from school. A transportation handbook describing transportation policies and procedures is available through the transportation office ( ). Handbooks are mailed to parents of students receiving transportation services. 8.2 Accessibility School districts must ensure that all school-sponsored activities are accessible to all students with disabilities, regardless of the nature or severity of their disability. These activities include field trips, student government activities, clubs, social activities, commencement ceremonies or anything organized by the school. If transportation to such activities is provided for some or all students, wheelchair accessible transportation must be provided for students who need it (at no additional cost). Additionally, if students with disabilities require the assistance of an attendant or interpreter to facilitate their participation, these accommodations must be provided at no cost. A copy of the Legal Advisory from the State Department of Education concerning this issue may be obtained from Special Education Services ( ). CAC Handbook 20