Shasta County Special Education Local Plan Area
Individualized Educational Program Policy
INDIVIDUALIZED EDUCATIONAL PROGRAM POLICY
TheShasta SELPA Governing Board desires to provide educational alternatives that afford students with disabilitiesfull educational opportunities. Students with disabilities shall receivea freeappropriatepubliceducation and beplaced intheleast restrictiveenvironment which meets theirneeds to the extent provided bylaw.
TheLEA Superintendent ordesigneeshall implement theSELPA-approved proceduralguidethat outlines the appointment oftheindividualized education program (IEP) team, the contents oftheIEP, and thedevelopment, review, andrevision oftheIEP.
Note: Education Code56055 provides that afosterparent, to the extent permitted byfederal law, shall havethesamerights relativeto his/herfoster child'seducation asaparent/guardian. Education Code56055 clarifies that this rightapplies onlywhen thejuvenile court has limited the right ofaparent/guardian to make educational decisions on behalfofhis/her child and the child has been placed inaplanned permanent livingarrangement. Education Code56055 defines"fosterparent"asalicensed person, relative caretaker, ornon-relative extended family member.
To the extent permitted byfederal law, afosterparent shall havethesame rights relativeto his/her foster child'sIEPas aparent/guardian. (Education Code56055)
Legal Reference:
EDUCATION CODE
51225.3 Requirementsforhigh schoolgraduation and diploma
56055 Rights of fosterparents pertainingto foster child'seducation
56136 Guidelinesforlow incidencedisabilities areas
56195.8 Adoption ofpolicies
56321 Development orrevision ofIEP
56321.5 Noticeto include right to electronicallyrecord
56340.1-56347 Instructional planning and individualized education program
56350-56352 IEPforvisuallyimpaired students
56380 IEPreviews; noticeof right to request
56390-56392 Certificateof completion, special education
56500-56509 Proceduralsafeguards
60640-60649 Standardized Testing and Reporting Program
60850 High schoolexitexamination, students with disabilities
60852.3 High schoolexitexamination, exemptionforthe class of2006
FAMILY CODE
6500-6502 Ageofmajority
WELFARE ANDINSTITUTIONS CODE
300 Children subject to jurisdiction
601 Minors habituallydisobedient
602 Minors violatinglaw defined ascrime
CODE OFREGULATIONS, TITLE5
853-853.5 Standardized Testingand ReportingProgram, accommodations
1215.5-1218 HighSchool Exit Examination, accommodations forstudents with disabilities
3021-3029 Identification, referraland assessment
3040-3043 Instructionalplanningand theindividualized education program
UNITED STATES CODE, TITLE 20
1232g FamilyEducational Rights and PrivacyAct of1974
1400-1482 Individuals with Disabilities Education Act
CODE OFFEDERALREGULATIONS, TITLE34
300.1-300.756 Individuals with Disabilities Education Act
ATTORNEY GENERALOPINIONS
85 Ops.Cal.Atty.Gen. 157 (2002)
COURT DECISIONS
Schafferv. Weast(2005)125 S. Ct. 528
Shapiro v. ParadiseValleyUnifiedSchool District, No. 69 (9th Circuit, 2003)317 F.3d 1072
Sacramento CitySchoolDistrict v. Rachel H. (9th Cir. 1994)14 F.3d 1398
Management Resources: FEDERALREGISTER
34 CFR300.aAppendixA to Part 300 -Questions and Answers
34 CFR300.a1 Attachment 1: Analysis ofComments and Changes
WEBSITES
CaliforniaDepartment ofEducation:
U.S. Department ofEducation, OfficeofSpecial Education and RehabilitativeServices:
INDIVIDUALIZED EDUCATION PROGRAMPOLICY
Members of the Individualized Education Program(IEP)Team
TheLEA shall ensurethat theindividualized education program team for anystudent with adisabilityincludesthe followingmembers: (20 USC1414(d)(1); 34CFR300.321; Education Code56341, 56341.2, 56341.5)
1.Oneorboth ofthestudent's parents/guardians, and/ora representativeselected bythe parent/guardian
2.At least one regulareducation teacher
Ifmorethan one regulareducation teacheris providinginstructional services to the student, theLEAmaydesignateonesuchteacherto represent theothers.
3.At least onespecial education teacheror, where appropriate, at least onespecial education provider forthestudent
Note: TheAnalysis ofComments to the federalregulations, 71 Fed. Reg. 156, pg. 46670, recommend that theperson selected as theLEA representative, pursuant to item #4 below, havetheauthorityto commit LEAresources and beabletoensurethat whatever services areset out in theIEPwill beprovided.
4.An Administrator or Administrative Designee
a. Qualified to provideorsupervisetheprovision ofspeciallydesigned instruction to meet theuniqueneeds ofstudents with disabilities
b. Knowledgeable about thegeneraleducation curriculum
c. Knowledgeable about theavailabilityofLEA and/orspecial education local plan area (SELPA)resources
5.An individual who can interpret theinstructional implications of assessment results
This individual mayalreadybeamemberoftheteam as described in items #2-4 aboveor in item #6 below.
Note: Pursuant to Education Code56341 and 34 CFR300.321, thedetermination as to whether an individual identified in item #6 below has "knowledgeorspecial expertise"must bemadeby theparty(eithertheLEA orparent)who invited theindividual to theIEPteam meeting.
Note: TheAnalysis ofComments to the federalregulations, 71 Fed. Reg. 156, pg. 46670,
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Individualized Educational Program Policy
explain that aperson who does not haveknowledgeand special expertiseregardingthestudent, and who is not requestedto bepresent at theIEPteam meetingbytheparent/guardian orLEA,would not bepermitted to beamemberoftheteam or attend themeetingas observer. This comment is consistent with an AttorneyGeneral opinion (85 Ops.Cal.Atty.Gen. 157 (2002)), which stated that members ofthemediamaynot attend anIEPteam meetingas observers even though theparents/guardians have consented to such attendance. TheAttorneyGeneral basedthis decision on the fact that themediawould be"observers,"not a"personwith knowledgeor expertise,"as detailed below.
6.At thediscretion oftheparent/guardian orLEA, otherindividuals who have knowledgeorspecial expertise regardingthestudent, includingrelated services personnel, asappropriate
Thedetermination ofwhethertheindividual has knowledgeorspecial expertise regarding thestudent shall bemadebythepartywho invitestheindividual to beamemberofthe IEPteam. (Education Code56341)
7.Whenever appropriate, thestudent with adisability
8.Fortransition serviceparticipants:
- Thestudent, of anyage,with adisabilityifthepurposeofthemeetingis the consideration ofthestudent's postsecondary goals and thetransition services needed to assist thestudent in reachingthosegoals pursuant to 34 CFR300.320(b)
Ifthestudent does not attend theIEPteam meeting, theLEA shall takeother steps to ensurethat thestudent's preferences and interests are considered.
b. To the extent appropriate, and with the consent oftheparent/guardian, arepresentativeofanyotheragencythat is likelytobe responsible forprovidingor payingfortransition services.
c. Ifarepresentativeofsuch otherlocalagencyhas been invited but doesnot attend the meeting, theLEA shall takeothersteps to obtain participation oftheagency in theplanningofanytransition services. (Education Code56341)
9.Forstudents suspected ofhaving aspecificlearningdisabilityin accordancewith 34 CFR300.308 (formerly300.540) and 34 CFR300.310(formerly300.542), at least one individual who is qualified to conduct individual diagnostic examinations ofthestudent, such as aschool psychologist, speech languagepathologist, or remedialreadingteacher (Education Code56341)
Inaccordancewith 34 CFR300.310 (formerly300.542), at least oneteammemberother than thestudent's regulareducation teachershall observethestudent's academic performancein theregular classroom setting.Ifthe child isyoungerthan fiveyears ornot enrolled in school, ateam membershall observethe child in an environment appropriatefora child ofthatage. (Education Code56341)
10.Forstudents who havebeen placed inagroup homebythejuvenile court,a representativeofthegroup home
Ifastudent with adisabilityis identified as potentiallyrequiringmental health services, the LEA shall request theparticipation oftheSELPAmental health program in theIEPteam meeting. (Education Code56331)
A memberoftheIEPteam shall not be required to attend anIEPteam meeting, in wholeorin part, iftheparent/guardian consents and theLEA agrees, in writing, that the attendanceofthememberis not necessarybecausethemember's areaofthe curriculum or related services is not beingmodified ordiscussed at themeeting.Ifthemeetinginvolvesadiscussion ofthe member's areaofthe curriculum or related service,theIEPteam membermaybe excused from themeetingiftheparent/guardian consents in writingto the excusal and themembersubmits to theparent/guardian and team written input into thedevelopment oftheIEPpriorto themeeting. (20 USC1414(d)(1)(C);34 CFR300.321; Education Code56341)
Parent/Guardian Participation and Other Rights
TheLEA shall takesteps to ensurethat oneorboth oftheparents/guardians ofthestudent with adisabilityarepresent ateachIEPteam meetingorareafforded the opportunityto participate. Thesesteps shall includenotifyingtheparents/guardians ofthe meeting earlyenough toensurethat theywill havetheopportunityto attend and schedulingthe meeting at amutuallyagreed upon time and place.(34 CFR300.322; Education Code56341.5)
TheLEAshall send parents/guardians notices ofIEPteam meetings that: (34
CFR300.322; Education Code56341.5)
1.Indicatethepurpose, time, and location ofthemeeting
2.Indicatewhowill bein attendanceat themeeting
Note: As amended byAB1662 (Ch. 653, Statutes of2005), Education Code56341.5conforms statelaw with federal law byrequiringthat theIEPteam meetingnoticecontain astatement of transition services beginningat age16 ratherthanage14.
3.For students beginning at age 16 (or younger than 16 if deemed appropriate by the IEPteam):
a.Indicate that the purpose of the meeting will be the consideration of postsecondarygoals and transition services for the student pursuant to 20 USC1414(d)(1)(A)(i)(VIII), 34 CFR 300.320(b), and Education Code 56345.1
b. Indicate that the LEA will invite the student to the IEP team meeting
c. Identifyanyotheragencythat will beinvited to send a representative
At eachIEPteam meetingconvened bytheLEA, theLEAadministratoror specialist on theteam shall inform theparent/guardian and student ofthefederal and state procedural safeguards included in thenoticeofparental rights provided pursuant to Education Code56321. (EducationCode56500.1)
Theparent/guardian shallhavethe right and opportunitytoexamine all ofhis/her child's school records uponrequestandbeforeanyIEPmeeting.Upon receipt of an oral orwritten request, the LEA shall provide complete copies oftherecordswithin fivebusiness days. (Education Code56043)
Ifneitherparent/guardiancan attend themeeting, theLEAordesigneeshall useother methods to ensureparent/guardian participation, includingvideoconferences orindividual or conferencetelephonecalls. (20 USC1414(f); 34 CFR300.322; Education Code56341.5)
AnIEPteam meetingmaybeconductedwithout aparent/guardian in attendanceiftheLEA is unableto convincetheparent/guardian thathe/sheshould attend.Insuch a case, theLEA shall maintain a record ofits attempts to arrangeamutuallyagreed upon time and place forthemeeting, including: (34 CFR300.322; Education Code56341.5)
1.Detailed records oftelephone calls madeor attempted and the results ofthose calls
2.Copies of correspondencesent to theparent/guardian and anyresponses received
3.Detailed records ofvisitsmadeto theparent/guardian's homeorplaceofemployment and the results ofthosevisits
Note: Education Code56341.1 grants theparent/guardian, LEA,SELPA, or county officetheright to electronicallyrecord theproceedings ofIEPteam meetings. Audiotape recordings madebyaLEA, SELPA, or countyofficearesubject to the federal Family Educational Rights and PrivacyAct(20 USC1232g).
Parents/guardians and theLEA shall havethe right to audiotapetheproceedings ofIEP team meetings, providedmembers oftheIEPteam arenotified ofthis intentat least 24 hours beforethemeeting.IftheLEAgives noticeofintent to audiotapeameeting and the parent/guardian objects or refuses to attend becausethemeetingwould beaudiotaped, the meetingshall not beaudiotaped. Parents/guardians also havethe right to: (Education Code56341.1)
1.Inspect and review theaudiotapes
2.Request that the audiotapes be amended iftheparents/guardians believetheycontain information that is inaccurate, misleading, orin violation ofthestudent's privacyrights orother rights
3.Challenge, inahearing, information that theparents/guardians believeis inaccurate, misleading, orin violation ofthestudent's privacyrights orother rights
TheLEA shall take anyaction necessaryto ensurethat theparents/guardians understand theproceedings ofthemeeting, including arrangingfor an interpreterforparents/guardianswith deafness orwhosenativelanguageis not English. (34 CFR300.322; Education Code56345.1)
TheLEA shallgivetheparents/guardiansofastudent with disabilities a copyofhis/her child'sIEPat no cost.(34 CFR300.322)
Contents of the IEP
TheIEPshall beawritten statement determined in ameetingoftheIEPteam.It shall include, but not belimited to, allofthe following: (20USC1414(d)(1)(A); 34 CFR300.320; Education Code56043, 56345, 56345.1)
1.A statement ofthepresent levels ofthestudent'sacademicachievement and functional performance, including:
a. Themannerin which thestudent's disabilityaffects his/herinvolvement and progress in thegeneraleducationcurriculum (i.e., thesamecurriculum as fornondisabled students)
b. Forapreschoolchild, as appropriate, themannerin which thedisabilityaffects his/herparticipation in appropriateactivities
Note: AB1662 (Ch. 653, Statutes of2005) amended Education Code56345 to requirea statement ofastudent's academicand functionalgoals, as specified below.Education Code56345 expresses thelegislative recognition that, although somestudents maynot meet orexceed thegrowth projected in the annualgoals and objectives, LEAs must makeagood faith effort to assist thestudents in achievingthegoals in theirIEP.
2.A statement ofmeasurable annualgoals, includingacademic and functional goals, designed to do thefollowing:
a. Meet thestudent's needsthat result from his/herdisabilityin orderto enablethe student to beinvolved in and progress in thegeneral education curriculum
b. Meet each ofthestudent's other educational needsthat result fromhis/her disability
Note: 34 CFR300.320, as amended by71Fed. Reg. 156,and Education Code56345 requirethe followingstatement in theIEP.
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Individualized Educational Program Policy
c. Forstudents with disabilities who take alternate assessments aligned toalternate achievement standards, adescription ofbenchmarks orshort-term objectives
3.A description ofthemannerin which theprogressofthestudent toward meetingthe annualgoals described initem #2 abovewill bemeasuredand when theLEA will provideperiodicreportson theprogress thestudent is makingtoward meetingthe annual goals, suchas through theuseofquarterlyorotherperiodicreports, concurrent with the issuanceofreport cards
4.A statement ofthespecificspecial educational instruction and related services and supplementaryaids and services, based on peer-reviewed research, to theextent practicable, to beprovided to thestudent, oron behalfofthestudent, andastatement of theprogram modifications orsupports forschool personnel that will beprovided to enablethestudent to:
a. Advanceappropriatelytoward attainingthe annualgoals
b. Beinvolved and makeprogress in thegeneral education curriculum in accordance with item #1 above and to participatein extracurricular and othernonacademic activities
c. Be educatedand participatewith otherstudents with disabilities and nondisabled students in the activities described in Education Code56345(a)
5.An explanation ofthe extent, if any, to which thestudent will not participatewith nondisabled students in the regular class and inextracurricularand othernonacademic activities described in item #4 above
TESTING
Note: Pursuant to 20 USC1412(a), students with disabilities must beincluded in state and LEAassessments, with appropriateaccommodations, such as theStandardized Testing and ReportingProgram (Education Code60640-60649) and thehigh school exit examination (Education Code60850-60859). SeeAR6162.51-Standardized Testing and ReportingProgram and AR6162.52 -High School Exit Examination fordetails regardingpermitted accommodations.
Note: 34 CFR300.320, as amended by71Fed. Reg. 156,and Education Code56345 requirea description oftheindividual accommodations thatwill beused bythestudent and, ifthestudent will not participatein the regularassessment, astatement as to the reason that determination was made and what alternateassessment will beprovided.
6.A statement of anyappropriateindividual accommodations necessaryto measurethe academic achievement and functional performanceofthestudent on stateand Charter LEA-wide assessments.
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Individualized Educational Program Policy
IftheIEPteam determines that thestudent shall take analternateassessment instead ofa particularregularstateorCharterLEA-wide assessment, astatement of allofthe following:
a. The reason that thestudent cannot participatein the regular assessment
- The reason that theparticularalternateassessment selected is appropriate forthe student
7.Theprojected date forthebeginningoftheservices and modifications described in item#4 above and theanticipated frequency, location, and duration ofthoseservices and modifications
TRANSITION SERVICES
Note: As amended byAB1662 (Ch. 653, Statutes of2005), Education Code56345 now conforms statelawwith federal law to requirethattheIEPcontain astatement oftransition services beginningatage16 ratherthanage14.
8.Beginningnot laterthan the firstIEPto bein effect when thestudent is 16years ofage, oryoungerifdeterminedappropriatebytheIEPteam, and updatedannuallythereafter, the following:
a. Appropriatemeasurablepostsecondary goals based upon age-appropriatetransition assessments related to training, education, employment, and where appropriate, independent livingskills
b. Thetransition services, includingcourses ofstudy,needed to assist thestudent in reachingthosegoals
9.Beginningat least oneyearbeforethestudent reaches age18, astatement that thestudent has been informed ofhis/her rights, if any, pursuant to Education Code56041.5 that will transferto thestudent upon reaching age18
Where appropriate, theIEPshall also include: (Education Code56345)
1.Forstudents ingrades 7-12, anyalternativemeansand modes necessaryforthestudent to completetheLEA's prescribed courseofstudyand to meet or exceed proficiency standards required forgraduation
2.Linguisticallyappropriategoals, objectives, programs, and services forstudents whose nativelanguageis not English
Note: AB1662 (Ch. 653, Statutes of2005) amended Education Code56345 to requirethe followingdetermination bytheIEPteam regardingextended schoolyearservices.
EXTENDED SCHOOL SERVICES
3.Extended schoolyearservices when theIEPteamdetermines, on an individual basis, thattheservicesarenecessaryfortheprovision ofafree appropriatepubliceducation (FAPE)
4.Provision fortransition into the regulareducationprogram ifthestudent isto be transferred from aspecial class or centerornonpublic, nonsectarian school into a regular education program in apublicschool for anypartoftheschool day
TheIEPshall includedescriptions of activities intended to:
a. Integratethestudent into the regulareducation program, includingindications ofthe natureofeachactivityand thetimespent on the activityeach dayorweek
b. Support thetransition ofthestudent from thespecial education program into the regulareducation program
5.Specialized services, materials, and equipment forstudents with low incidence disabilities, consistent with theguidelines pursuant to Education Code56136
Development, Review, and Revision of the IEP
In developingtheIEP, theIEPteam shall considerall ofthe following: (20USC1414(d)(3)(A);
34 CFR300.324; Education Code56341.1, 56345)
1.Thestrengths ofthestudent
2.The concerns oftheparents/guardiansfor enhancingtheeducation oftheirchild
3.The results oftheinitial assessment ormost recent assessment ofthestudent
4.The academic, developmental, and functional needs ofthestudent
5.In thecaseofastudent whosebehaviorimpedes his/herlearningorthat ofothers, theuse ofpositivebehavioral interventions and supports and otherstrategies to address that behavior
6.In thecaseofastudent with limited English proficiency, thelanguageneeds ofthe student as such needsrelateto thestudent'sIEP
7.In thecaseofastudent who is blind orvisuallyimpaired, theneed to provide for instruction in Braille andinstruction in theuseofBraille
However, such instruction need not beincluded intheIEPiftheIEPteamdetermines that instruction in BrailleortheuseofBrailleis not appropriate forthestudent.This determination shall bebased upon an assessment ofthestudent'sreading and writing skills, his/her futureneeds forinstruction in BrailleortheuseofBraille, and other appropriatereading andwriting media.
8.The communication needs ofthestudent, and in the caseofastudent who isdeaf orhard ofhearing, thestudent's languageand communication needs, opportunities fordirect communications with peers and professional personnel in thestudent's language and communication mode, academiclevel, andfull rangeofneeds, includingopportunities fordirect instruction in thestudent's languageandcommunication mode.
Theteam shall also considertherelated services and program options that providethe student with an equal opportunityforcommunication access, includingthefollowing: (Education Code56345)
a. Thestudent's primarylanguagemodeand language, which mayincludetheuseof spoken language,with orwithout visual cues, and/ortheuseofsign language
b. The availabilityofasufficient numberofage,cognitive,and languagepeers of similar abilities which maybemet byconsolidatingservices into alocal plan area- wideprogram orprovidingplacement pursuant to Education Code56361
c. Appropriate, direct, andongoinglanguageaccessto special education teachers and otherspecialists who areproficient in thestudent'sprimarylanguagemodeand language consistent withexistinglaw regardingteachertrainingrequirements
d. Services necessarytoensure communication-accessible academicinstructions, school services, andextracurricular activities consistent with the federal Vocational Rehabilitation Act and the federal Americans withDisabilities Act
9.Whetherthestudent requires assistivetechnologydevices and services.
If, in consideringthespecial factors in items #1-9 above, theIEPteam determines that a student needs aparticulardeviceorservice, includingan intervention, accommodation, or otherprogram modification, in orderto receive FAPE, theIEPteam must includea statement to that effect in thestudent'sIEP. (Education Code56341.1)
TheLEA Superintendentordesigneeshall ensurethat theIEPteam: (20 USC1414(d)(4); 34 CFR 300.324; Education Code56043, 56341.1, 56380)
1.Reviews theIEPperiodically, but at leastannually, to determinewhetherthe annualgoals forthestudent arebeing achievedand the appropriateness ofplacement
2.Revises theIEP, as appropriate, to address:
a.Anylack of expected progress toward theannualgoals and in thegeneral curriculum, where appropriate
b.The results of anyreassessment conducted pursuant to Education Code56381
c.Information about thestudent provided to orbytheparents/guardians regarding review ofevaluation datapursuant to 34 CFR305(a)(2)and Education Code56381(b)
d.Thestudent'santicipatedneeds
e.Othermatters
Note: As amended by71Fed. Reg. 156, 34 CFR300.324 requires that, when conductinga review oftheIEP, theIEPteam considerthespecial factorsforstudents with additional behavior or communication needsas listed in items #5-9 above.
3.Considers thespecial factors listed in items #5-9 abovewhen reviewingtheIEP. TheIEPteam shall also meet: (Education Code56343)
a.Wheneverthestudent has received an initial formal assessment and, when desired, when thestudent receives anysubsequent formal assessment
b.Upon request bythestudent's parent/guardian orteacherto develop,review, or revisetheIEP
Ifaparticipating agencyotherthan theLEA fails to providethetransition services described in thestudent'sIEP, theteam shall reconveneto identifyalternativestrategies to meet thetransition serviceobjectives set out forthestudent in theIEP. (20 USC1414(d); 34 CFR
300.324; Education Code56345.1)
As amemberoftheIEPteam, the regular education teachershall, to the extent appropriate, participatein thedevelopment, review, andrevision ofthestudent'sIEP, includingassistingin thedetermination of: (20USC1414(d)(3)(C); 34CFR300.324; Education Code56341)