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The Special Education process determines whether or not a child is eligible for special education services, and if so, what special education services are most appropriate for the student. There are four basic steps in the special education process: Referral for assessment, Assessment, Development of an Individualized Education Program (IEP), IEP Review.
Flow chart
Link to Special Education Page
The Special Education Process
REFERRAL FOR ASSESSMENT
• Upon the receipt of a written referral for assessment, a written response from the district will be sent to the parent or caregiver, within fifteen (15) days, not counting school vacations greater than five (5) days.
• After reviewing the students cumulative file, interviewing school staff, and talking with parents/caregiver;
- The district may determine that an assessment of a child is not appropriate, the parents or caregiver will receive a written notice of this decision.
- The district may determine an assessment is appropriate, the parents or caregiver will receive an Assessment Plan.
- The Assessment Plan describes the types and purposes of the assessment, which may be used to determine your child's eligibility for special education services.
- Before a student can be assessed, parent/caregiver must consent to the assessment by signing the Assessment Plan.
- Parents/caregivers have fifteen (15) days from the receipt of the Assessment Plan to consent and sign it and return it to the Special Education Office.
ASSESMENT
• The District has sixty (60) days, not counting school vacations greater than five (5) days, from the receipt of the signed Assessment Plan to complete the assessment and hold an Individualized Education Program (IEP) meeting.
• The signed assessment plan must be returned to the Special Education Department.
• If parents/caregivers do not consent to the Assessment Plan, the District may take steps to protect the student if it believes that he/she is being denied appropriate special education services.
• The District may request to meet with parent/caregiver informally or initiate a due process hearing to override refusal to consent.
• The District is legally responsible for meeting student's educational needs even if parents/caregivers do not agree.
DEVELOPMENT OF AN INDIVIDUALIZED EDUCATION PROGRAM
• After a student has been assessed, an Individualized Education Program (IEP) meeting will be held.
• At this meeting, the IEP team will discuss the assessment results and determine whether student is eligible for special education services.
• The following people are members of the IEP team:
• The child's parent or guardian, and/or representative.
• Parent/caregivers are an important member of the IEP team. If they cannot attend the IEP meeting, the school may ensure parent/caregiver participation by using other methods, such as conferencing by telephone.
• The school must ensure that parents/caregivers understand what is going on at the IEP meetings.
• Special Education Services may not start without parent/caregiver consent; a signed IEP
• If an interpreter is needed, the school must make arrangements
• A school administrator or qualified representative who is knowledgeable about the program options appropriate for your child.
• The student's present teacher. If a student does not have a teacher, the educator with the most recent and complete knowledge of the student.
• Other persons, such as the student, whom parent or the school wishes to invite.
• When appropriate, the person who assessed the student or someone familiar with assessment procedures.
• Assessment may show that a student is not eligible for special education services.
• General Education must then make a plan for the student's success in the general education classroom.
• The student may be eligible for a 504 Plan
• The Rehabilitation Act of 1973
• The student may be eligible for special education at a later date.
IEP REVIEW
• If the student is receiving special education services:
- His or her IEP will be reviewed in an IEP meeting at least once per year to determine how well it is meeting his or her need.
- Every three years, the IEP team will determine what information is needed in the three-year review process.
- If there are concerns that the student's educational needs are not being met, either parent/caregiver or school personnel may request a reassessment or an IEP meeting to review the IEP at any time during the year.
Common Questions
• Who can refer a student for assessment?
- Parents or guardians, teachers, other school personnel, and community members may refer a child for assessment.
• Does the District have to assess every student who is referred?
- No, as per California Education Code: ED 56303, the District must only assess a student when all resources of the general education program have been exhausted and a team determines that a referral for special education services is necessary.
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