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SPECIAL

EDUCATION

POLICIES AND

PROCEDURES

MANUAL

Los Angeles Unified School District

July 2007

COMMODITY CODE 966 121 8565

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PUBLISHED BY

LOS ANGELES UNIFIED SCHOOL DISTRICT

DIVISION OF SPECIAL EDUCATION

333 S. BEAUDRY, 17

FLOOR

LOS ANGELES, CA 90017

MISSION STATEMENT

OF THE

LOS ANGELES UNIFIED SCHOOL DISTRICT

The teachers, administrators, and staff of the Los Angeles Unified School District

believe in the equal worth and dignity of all students and are committed to educate all

students to their maximum potential.

THE LOS ANGELES UNIFIED SCHOOL DISTRICT

POLICY STATEMENT FOR ALL DISTRICT EMPLOYEES

All employees will conduct themselves in the course of their employment

by word, gesture, act, and demeanor so as to ensure that all students will be

accorded just and equitable regard and treatment.

Hostility in any form toward students on the basis of their disabilities is

unacceptable, unethical, and shall not be tolerated. Any violation of this policy

will be investigated and subject to disciplinary action.

Acknowledgements and thanks to all individuals who contributed to the information

contained within this Manual, and to those who offered suggestions for its

improvement.

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TABLE OF CONTENTS

I. INTRODUCTION...........................................................................................................................................................................5

PART I. OVERVIEW..........................................................................................................................................................................9

PART II. THE SPECIAL EDUCATION PROCESS ..........................................................................................................................19

CHAPTER 1: SEARCH AND SERVE.........................................................................................................................................21

CHAPTER 2: DEVELOPING A SPECIAL EDUCATION ASSESSMENT PLAN.........................................................................29

CHAPTER 3: INITIAL ASSESSMENT, REASSESSMENT, AND INDEPENDENT EDUCATIONAL EVALUATION..................35

CHAPTER 4: GETTING READY FOR AN INDIVIDUALIZED EDUCATION PROGRAM (IEP) MEETING ................................47

CHAPTER 5: CONDUCTING AN INDIVIDUALIZED EDUCATION PROGRAM (IEP) MEETING.............................................59

CHAPTER 6: RESOLVING DISAGREEMENTS.........................................................................................................................79

PART III. ENSURING THE RIGHTS OF INDIVIDUALS WITH DISABILITIES................................................................................93

CHAPTER 1: SECTION 504 OF THE REHABILITIATION ACT OF 1973..................................................................................95

CHAPTER 2: THE AMERICANS WITH DISABILITIES ACT....................................................................................................101

CHAPTER 3: PREVENTION AND ELIMINATION OF HOSTILE ENVIRONMENTS................................................................105

PART IV. SOURCES OF SUPPORT AND ASSISTANCE.............................................................................................................111

CHAPTER 1: LOS ANGELES UNIFIED SCHOOL DISTRICT..................................................................................................113

CHAPTER 2: COMMUNITY......................................................................................................................................................117

PART V. SOURCES OF INFORMATION ON THE WEB AND PUBLICATIONS ..........................................................................123

APPENDIX A: LAUSD SPECIAL EDUCATION GUIDELINES ......................................................................................................131

1. ACCESS TO AND MAINTENANCE OF STUDENT RECORDS...........................................................................................133

2. APPOINTMENT OF A SURROGATE PARENT ...................................................................................................................139

3. ASSISTIVE TECHNOLOGY AND LOW INCIDENCE PROGRAMS.....................................................................................143

4. BEHAVIOR SUPPORTS FOR STUDENTS WITH DISABILITIES........................................................................................157

5. COUNSELING SERVICES...................................................................................................................................................163

6. DETERMINING ELIGIBILITY................................................................................................................................................169

7. DETERMINING PLACEMENT IN THE LEAST RESTRICTIVE ENVIRONMENT ................................................................181

8. DETERMINING TRANSITION SERVICES FOR STUDENTS WITH DISABILITIES BEGINNING AT AGE 14....................205

9. DETERMINING TRANSPORTATION AS A RELATED SERVICE.......................................................................................215

10. DEVELOPING ACADEMIC AND FUNCTIONAL INDIVIDUALIZED EDUCATION PROGRAM GOALS............................237

11. DEVELOPING COLLABORATIVE SERVICES IN THE INDIVIDUALIZED EDUCATION PROGRAM (IEP)......................241

12. DISCIPLINARY PROCEDURES FOR STUDENTS WITH DISABILITIES..........................................................................247

13. EXTENDED SCHOOL YEAR (ESY) SERVICES................................................................................................................255

14. HIGH SCHOOL GRADUATION AND COMMENCEMENT PARTICIPATION....................................................................259

15. INTER-DISTRICT PERMIT GUIDELINES FOR SPECIAL EDUCATION...........................................................................267

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16. PARENTS’ RIGHT TO BE INFORMED IN THEIR PRIMARY LANGUAGE OR OTHER MODE OF COMMUNICATION..271

17. PRESCHOOL POLICIES AND PROCEDURES..................................................................................................................275

18. PRIVATE SCHOOL STUDENTS WITH DISABILITIES.......................................................................................................285

19. SPECIAL EDUCATION ACCOMMODATIONS AND MODIFICATIONS FOR STATEWIDE AND DISTRICT ASSESSMENTS

......................................................................................................................................................................................................295

APPENDIX B: FORMS .................................................................................................................................................................297

1. REQUEST FOR A SURROGATE PARENT........................................................................................................................301

2. TYPES AND LOCATIONS OF EDUCATIONAL RECORDS...............................................................................................303

APPENDIX C: TERMINOLOGY.....................................................................................................................................................307

CHAPTER 1: GLOSSARY........................................................................................................................................................309

CHAPTER 2: ACRONYMS.......................................................................................................................................................323

APPENDIX D: QUESTIONS AND ANSWERS..............................................................................................................................329

POLICY BULLETINS

REFERENCE GUIDES

MEMORANDA

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NTRODUCTION

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NTRODUCTION

CONTENTS

I. MISSION STATEMENTS.............................................................................................................................................................7

II. PURPOSE....................................................................................................................................................................................7

III. ORGANIZATION OF THE MANUAL............................................................................................................................................7

2007 Manual Revisions:

 II. Notice of Final IDEA Regulations and subsequent District policy revisions.

 III. Contents of Appendix B.

I. MISSION STATEMENTS

The teachers, administrators, and staff of the Los Angeles Unified School District believe in the equal

worth and dignity of all students and are committed to educate all students to their maximum potential.

The mission of the Division of Special Education is to provide leadership, guidance, and support to the

school community in order to maximize learning for all students within an inclusive environment so that

each student will contribute to and benefit from our diverse society.

II. PURPOSE

The purpose of the Special Education Policies and Procedures Manual is to assist school personnel to

understand and practice consistent with Federal, State, and District requirements. The Manual replaces

the Special Education Compliance Guide. Consistent with its Mission, the District is committed to

ensure compliance with such policies and procedures. It is expected that District personnel will serve

students with disabilities and their families in a manner consistent with this Manual.

The Manual is designed to be used as a:

• Structured process for implementing special education policies.

• Reference for answering questions.

• Staff development tool.

• Source for resources of support and assistance.

Note: Substantial amendments to the Federal Individuals with Disabilities Education Act (IDEA) were

enacted in December 2004 and became effective in July 2005. Final IDEA regulations were issued in

August 2006 and took effect on October 13, 2006. Subsequent changes to District special education

policy are reflected in this revised edition of the Manual.

III. ORGANIZATION OF THE MANUAL

Part I: Overview—Provides the user with the concepts and framework to understand how to implement

special education policies and procedures. Staff is encouraged to familiarize themselves with Part I

since it provides the foundation for understanding the remainder of the Manual.

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Part II: The Special Education Process—Walks the user step by step through the special education

process from referral through the development of an individualized education program. Each chapter

details the actions to be taken, how to use the District’s Welligent IEP system to manage the process,

forms to be utilized, communication required, and staff responsibilities. It also links the user to other

parts of the Manual for more information.

Part III: Ensuring the Rights of Individuals with Disabilities—Provides an overview of Federal civil

rights protections for students with disabilities, including Section 504 of the Rehabilitation Act and the

Americans with Disabilities Act. It also contains guidelines for the prevention and elimination of hostile

environments.

Part IV: Sources of Support and Assistance—Helps the user locate District and community

resources that can provide guidance and help in implementing the Manual.

Part V: Sources of Information on the Web and Publications—Contains a selected guide to

electronic and print information resources.

Appendix A: LAUSD Special Education Guidelines—Contains District guidelines regarding the

provision of special education.

Appendix B: Forms –Provides directions on how to access particular forms referenced in the Manual.

Note: Forms are periodically revised or replaced to maintain alignment with changes in District

procedures. Staff is advised to keep up to date with form and procedural changes as announced in

publications such as Welligent Connection, reference guides, memoranda, and bulletins. Many forms

referenced in this Manual can be found either in the Welligent IEP system, in Inside LAUSD, or in the

eLibrary of the Division of Special Education website at http://sped.lausd.net

Appendix C: Terminology—Provides a dictionary of terms and acronyms relating to the education of

students with disabilities.

Appendix D: Questions and Answers—Excerpted from the Federal Register, Individuals With

Disabilities Education Act (IDEA) Amendments of 1997, Final Regulations, Appendix A to Part 300.

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PART I:

OVERVIEW

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PART I

VERVIEW

CONTENTS

I. UNDERSTANDING SPECIAL EDUCATION POLICIES AND PROCEDURES...........................................................................11

II. THE SPECIAL EDUCATION PROCESS.....................................................................................................................................14

III. HISTORICAL PERSPECTIVE ....................................................................................................................................................14

IV. SITE BASED COMPLIANCE......................................................................................................................................................15

V. PRINCIPAL’S CHECKLIST ........................................................................................................................................................16

2007 Manual Revisions:

 II. IEP timeline change from 50 days to 60 days

I. UNDERSTANDING SPECIAL EDUCATION POLICIES AND PROCEDURES

The Individuals with Disabilities Act, the Federal law governing special education, requires participating

states to have policies and procedures to ensure that:

“A free appropriate public education is available to children with disabilities residing in the State

between the ages of three and 21, inclusive, including children with disabilities who have been

suspended or expelled from school”

California law declares that:

“All individuals with disabilities with exceptional needs have a right to participate in free appropriate

public education and that special education instruction and services for these persons are needed in

order to ensure them of the right to an appropriate educational opportunity to meet their unique needs”

Since it is the commitment and obligation of the LAUSD and it’s staff to ensure that students with

disabilities have available to them a free appropriate public education (FAPE), the following questions

and answers are designed to help the user understand FAPE and the over-arching logic of special

education policies and procedures.

1. Q: For special education purposes, who is a child with a disability?

A: There are three parts to the answer. First, the child must be determined to have a disability.

Second, because of the disability, the child needs special education and related services. And

third, the child is age three through 21. If a child does not meet all of the above criteria then

he/she is not eligible for special education.

2. Q: What disabilities are included?

A: LAUSD uses the following categories of disability:

• Autism

• Deaf

• Deaf/Blind

• Developmental Delay (Ages three through five only. LAUSD is using on a pilot basis.)

• Emotional Disturbance

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• Established Medical Disability (Ages three through four only)

• Hard of Hearing

• Mental Retardation

• Multiple Disabilities, Orthopedic

• Multiple Disabilities, Hearing

• Multiple Disabilities, Vision

• Orthopedic Impairment

• Other Health Impairment

• Specific Learning Disabilities

• Speech or Language Impairment

• Traumatic Brain Injury

• Visual Impairment

3. Q: What is special education?

A: Special education is specially designed instruction, at no cost to parents, to meet the unique

needs of the child. In order for a child who has one or more of the above disabilities to be

eligible for special education, they must have a unique educational need that requires specially

designed instruction. A unique educational need is one that stems from the disability of the child

and is significantly different from the educational needs of the student’s typical peers. Specially

designed instruction is adapting the content, methodology, or delivery of instruction to address

the unique educational needs of the child so that he/she can access the general curriculum and

meet State and District educational standards.

4. Q: What are related services?

A: Related services means transportation and such developmental, corrective, and other

supportive services as may be required to assist a child with a disability to benefit from special

education. To receive one or more related services a child must have a disability, need special

education, and the related service must be determined to be necessary to benefit from the

special education. California law uses the term Designated Instructional Services to mean

related services. Related services include, but are not limited to:

• Audiology Services

• Counseling Services

• Language and Speech Therapy (Can be special education or a related service.)

• Medical Services (For diagnostic purposes only.)

• Occupational Therapy

• Orientation and Mobility Services

• Physical Therapy

• Psychological Services

• Rehabilitation Counseling Services

• Social Work Services

• Transportation

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5. Q: Where may children with disabilities receive their special education and related services?

A: Federal and State law require that school districts ensure that a continuum of alternative

placements is available to meet the needs of children with disabilities. The continuum, in

descending order from least to most restrictive, includes instruction in:

• General Education Classes

• Special Classes

• Special Schools/Centers

• Nonpublic Schools

• Home

• Hospitals

• Residential Schools

6. Q: Is there a policy for determining the appropriate placement for the child?

A: Placement decisions are governed by the least restrictive environment (LRE) legal requirement.

“To the maximum degree appropriate children with disabilities, including children in public or

private institutions or other care facilities, are educated with children who are nondisabled and

that special classes, separate schooling or other removal of children with disabilities from the

regular educational environment occurs only if the nature or severity of the disability is such that

education in regular classes with the use of supplementary aids and services cannot be

achieved satisfactorily.” This means that decisions to place a child in a more restrictive

environment should only be made after considering and determining that less restrictive

environments with special education, related services and other supports cannot meet the

student’s needs. Students should not be placed in environments that are more restrictive than

necessary to meet their educational needs. Placements for students with disabilities should be

in the school they would attend if nondisabled or as close to their home as possible.

7. Q: How are all of the above decisions made?

A: The decisions are made by a team of people, including District personnel, the parents, the child,

if appropriate, and others when appropriate who meet to develop a written individualized

education program (IEP). The purpose of an IEP meeting is to bring together, in a collaborative

and problem-solving manner, those persons with knowledge of and responsibility for the child’s

educational needs to determine what is appropriate to meet the student’s needs.

8. Q: What happens if the IEP team cannot reach agreement?

A: Every effort should be made to reach agreement, keeping the child’s needs in mind. It is

appropriate for the team to agree to implement those areas where there is agreement and/or to

implement the IEP for an agreed upon period of time. Either the parent(s) or District staff may

request that the matter be resolved through District informal dispute resolution, State mediation,

or State due process hearing with option for mediation.

9. Q: What is a free appropriate public education (FAPE)?

A: FAPE means special education and related services that are provided in conformity with a

child’s IEP, are provided at public expense and under public supervision and direction, and

meet the standards of the State. In simple terms, if a student is receiving what is specified in

his/her IEP and the process from referral through development of the IEP was done in a manner

consistent with policies and procedures, then the student is receiving FAPE. Ensuring that all

LAUSD students with disabilities entitled to FAPE receive such is our legal obligation and our

professional responsibility.

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10. Q: Are there policies and procedures for addressing the educational needs of students with

disabilities who do not or no longer require special education and related services?

A: Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act are

Federal civil rights laws that prohibit discrimination on the basis of disability. Both laws,

particularly Section 504, require the District to ensure that students with disabilities have access

to all of the programs in the District for which they would be otherwise qualified, and have

available appropriate accommodations and modifications in programs and services.

II. THE SPECIAL EDUCATION PROCESS

Since the needs of each student with a disability are unique, special education policies and procedures

set forth a process to determine a child’s FAPE. The following are the key steps in the process:

1. Written request for a special education assessment is made by a parent or school staff member.

2. Special education assessment plan is developed.

3. Parent is provided the special education assessment plan within 15 calendar days of receipt of

request.

4. Parent approves, signs, and returns the assessment plan.

5. Assessments are conducted and reports are prepared.

6. IEP meeting is scheduled and team members notified no later than 10 calendar days prior to the

scheduled date of the meeting.

7. IEP meeting is held within 60 calendar days of receipt of signed special education assessment plan

8. IEP is implemented immediately

9. Parent is provided reports on student’s progress as often as parents of general education peers are

provided reports on student progress.

10. IEP meeting is held to review its appropriateness within one year of the previous IEP meeting

III. HISTORICAL PERSPECTIVE

While the current special education policies and procedures framework began with the passage in 1975

of what is now the Individuals with Disabilities Education Act (IDEA), special education has a long and

rich history in the United States. As early as the 1820s, states began to establish schools for students

who were deaf and blind. The first Federal special education law in 1827 allowed for the sale of land in

the Florida territory to finance the Kentucky school for the deaf. By the mid-1800’s, State legislatures

appropriated funds for public and private school programs for students who were deaf, blind, or had

mental retardation. President Lincoln signed the law creating Gallaudet College for the Deaf in 1864.

By the early 1900’s, special education programs were expanded to include students with physical

disabilities. Most of the early growth of special education programs took place in urban school districts.

By the middle of the century, all states had laws governing special education. Most of these policies

could be characterized as permissive in that they allowed for programs but did not require them, or

required them for some but not all students with disabilities. In 1948, the U.S. Office of Education

reported that 12 % of students with disabilities were receiving special education. Over the next 20 years

the percentage tripled.

However, by the late 1960s, half of the nation’s students with disabilities were still not being served.

This included two groups of children. Those with severe cognitive, emotional, or physical disabilities

who were excluded from any education because State laws permitted school districts to exclude

students from attending school that they believed were unable to benefit from an education. And,

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students with learning disabilities and milder emotional disturbances who attended school, but received

no special education assistance, and often dropped out.

The turning point occurred in 1971, when the U.S. District Court for Eastern Pennsylvania issued an

order in the case of Pennsylvania Association for Retarded Children v. The Commonwealth of

Pennsylvania. The Court ordered that the State had to educate the children with mental retardation

that it had previously excluded from public education.

The following year in the District of Columbia, in the case of Mills v. Board of Education, the legal

principle of a right to an education was expanded to all students with disabilities. The Court also

ordered that parents were entitled to procedural safeguards in decisions concerning their children.

During the next few years, courts and State legislators increasingly expanded educational rights for

students with disabilities.

In 1975, the Congress passed and President Ford signed Public Law 94-142, The Education for All

Handicapped Children Act (now known as IDEA). IDEA, including its subsequent amendments,

regulations, and California laws and regulations, provides the requirements that all LAUSD personnel

must follow.

IV. SITE BASED COMPLIANCE

While this Manual is designed to be consistent with current Federal and State policies, they often

change. Also, the District is continually improving the Welligent IEP system, based upon input from

users. When changes to District policies and procedures occur, appropriate District personnel will be

advised. Unless such advice is provided, this Manual represents the District’s policies and procedures

for site-based compliance with Federal and State special education policies and procedures.

Site administrators are responsible for ensuring compliance with policies and procedures regarding the

education of students with disabilities. This includes ensuring that staff have the appropriate

knowledge, support, and resources to practice consistent with District polices and procedures. See

Principal’s Checklist in Section V of this Chapter.

To assist school administrators and staff to annually review compliance at their school site and to

assess compliance across the District, schools are required to complete the School Self Review

Checklist, Students with Disabilities. A copy of the Checklist can be found on the Division of Special

Education website at http://sped.lausd.net. To support school compliance, the District makes available

a supplement to the school budget. A copy of the Memorandum on Special Allocation for Support of

School Compliance can be found on the Division of Special Education website at http://sped.lausd.net.

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V. PRINCIPAL’S CHECKLIST

A. SEARCH AND SERVE

o I maintain the following publications and forms in the school office:

• Are You Puzzled by Your Child’s Special Needs? brochure

• Student Enrollment form

• Student Information Questionnaire for Parents and Guardians

• Request for Special Education Assessment form

• A Parent’s Guide to Special Education Services (Including Procedural Rights and

Safeguards)

o I have prominently displayed the Parent Resource Network poster.

o I distribute the brochure Are You Puzzled by Your Child’s Special Needs? at the beginning of

the school year, to every student to take home.

o I have implemented the process for identifying and serving students with disabilities who enroll

in my school and appropriate staff is knowledgeable about the process.

o I have implemented the process for referring students for a special education assessment and

appropriate staff is knowledgeable about the process.

B. DEVELOPING A SPECIAL EDUCATION ASSESSMENT PLAN

o I have a system in place to ensure that assessment plans are developed and provided to

parents within 15 calendar days of receipt of a request for an assessment.

o Appropriate staff is knowledgeable about developing an assessment plan and the steps to take

when a signed assessment plan is or is not returned.

C. INITIAL ASSESSMENT, REASSESSMENT, AND INDEPENDENT EDUCATIONAL EVALUATION

o I have a system in place to ensure that all assessments in a student’s assessment plan are

completed and, when appropriate, translated prior to the scheduled IEP meeting.

o Appropriate staff is knowledgeable about the assessment process, the criteria for conducting an

assessment, and the content of an assessment report.

o Appropriate staff is knowledgeable about the procedures to follow if a parent provides an

independent educational evaluation or requests an independent educational evaluation at public

expense.

D. DEVELOPING AN INDIVIDUALIZED EDUCATION PROGRAM (IEP)

o I have a system in place to ensure that:

• IEP meetings are held within required timelines;

• IEP team members are appropriately selected and notified of IEP meetings;

• IEP team members come prepared for the meeting;

• IEP team members attend the meeting;

• The rights of parents prior to and during the IEP meeting are respected and enforced;

• The meeting is conducted consistent with District policies, guidelines, and procedures;

• The determinations of the IEP team are accurately documented using the Welligent IEP

system;

• The determinations of the IEP team are implemented.

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o Appropriate staff is knowledgeable about:

• The IEP including its purposes, requirements, and procedures;

• Parental rights;

• Staff responsibilities while preparing for the meeting, during the meeting, and in

implementing the IEP following the meeting.

E. DISCIPLINE

o I am aware of my role in developing and implementing a school-wide positive behavior support

plan.

o I have a system in place to document behavioral issues and interventions provided.

o I ensure that disciplinary actions taken against students with disabilities are consistent with

District polices and procedures.

o I ensure that students, parents, and staff are informed about the policies and procedures for

disciplining a student with disabilities.

o Appropriate staff is knowledgeable about appropriate behavior interventions for students with

disabilities and when and how a Behavior Support Plan or Behavior Intervention Plan should be

developed.

F. STUDENT RECORDS

o I ensure that all required records of students with disabilities are maintained in the appropriate

manner and location.

o I have a system in place for maintaining the confidentiality of school records consistent with

District policies and procedures.

o Appropriate staff is knowledgeable about their responsibilities regarding the confidentiality of

student records.

o Appropriate staff is knowledgeable about District policies and procedures regarding maintaining,

destroying, and protecting access to student records.

o Parents and students are informed of their rights regarding student records and are provided

access to the records they seek in a manner consistent with District policies and procedures.

G. RESOLVING DISAGREEMENTS

o I ensure that parents are informed of their right to pursue the various types of dispute resolution

procedures and that there is no retaliation against parents or students who exercise their rights.

o Appropriate staff is knowledgeable about the types of dispute resolution procedures available to

a parent, when a procedure is appropriate, and his/her responsibility when a dispute arises.

o I ensure that the appropriate District Offices are notified, promptly, when a parent decides to

pursue a District or State dispute resolution process.

o I ensure that determinations from a dispute resolution process are implemented appropriately.

H. SCHOOL ENVIRONMENT

o I ensure that students with disabilities are integral members of the school community.

o I ensure that the school is physically accessible to individuals with disabilities.

o I ensure that students with disabilities have access to all school activities including appropriate

accommodations and modifications to facilitate their participation.

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o I ensure that the rights of individuals with disabilities are respected and enforced.

o I ensure that the school is a positive environment for students with disabilities and their parents

and I take appropriate steps to prevent and correct a hostile environment.

o Staff is knowledgeable about the rights of individuals with disabilities and their responsibilities.

o Appropriate staff is knowledgeable about providing appropriate accommodations and

modifications to support students with disabilities in the activities of the school.

o I ensure that IEPs and Section 504 plans are implemented.

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PART II:

THE SPECIAL

EDUCATION PROCESS

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PART II

CHAPTER 1:

SEARCH AND SERVE

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PART II: CHAPTER 1

EARCH AND SERVE PROCEDURES

CONTENTS

I. SCHOOL RESPONSIBILITIES....................................................................................................................................................23

II. PROCEDURES FOR DISTRIBUTING THE ARE YOU PUZZLED BY YOUR CHILD’S SPECIAL NEEDS? BROCHURE........23

III. IDENTIFYING AND SERVING STUDENTS ENROLLING IN THE SCHOOL............................................................................24

IV. REFERRING STUDENTS FOR A SPECIAL EDUCATION ASSESSMENT .............................................................................26

2007 Manual Revisions:

 III. Students with disabilities transferring in from other school districts.

 III. Procedures for students transferring into LAUSD with an IEP.

 III. Assessment procedures for students transferring into LAUSD.

 IV. Students with disabilities attending another school district on a general education permit.

 IV. Students attending private schools.

I. SCHOOL RESPONSIBILITIES

All schools are required to have procedures in place for identifying children who have or are suspected

of having a disability and needing special education and related services. These procedures are

commonly referred to as “search and serve” or “child find.”

The school’s responsibilities for search and serve apply to the families and students attending and

enrolling in the school. The District also has responsibilities for search and serve activities directed at

the families of children below school age and students in private schools.

There are three search and serve responsibilities that each school must implement:

1. All schools must distribute the Are You Puzzled by Your Child’s Special Needs? brochure to every

student to take home at the beginning of each school year.

2. Students with disabilities, requiring special services, enrolling in the school are identified and

promptly provided the appropriate services.

3. There is a process in place, understood by all staff members, for referring students who may

require special services.

II. PROCEDURES FOR DISTRIBUTING THE ARE YOU PUZZLED BY YOUR

CHILD’S SPECIAL NEEDS? BROCHURE

Federal and State policy requires the District to annually notify all students and their parents about the

availability of and information on special education and related services. District policy requires all

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schools to distribute the Are You Puzzled by Your Child’s Special Needs? brochure to every student to

take home at the beginning of each school year.

The brochure is available in the following languages:

• Armenian • English • Russian • Tagalog

• Chinese • Korean • Spanish • Vietnamese

In addition, the following publications and forms must be maintained in the school office and made

available to parents and staff upon request:

• Are You Puzzled by Your Child’s Special Needs? Brochure

• Student Enrollment Form

• Request for Special Education Assessment Form

• Student Information Questionnaire for Parents and Guardians

• A Parent’s Guide to Special Education Services (Including Procedural Rights and Safeguards)

Copies may be ordered from the Supplies and Equipment Catalog.

Schools must also prominently display the Parent Resource Network poster that provides parents

information about where to call if they have questions or complaints concerning special education. The

poster is distributed annually to each school.

School staff should be prepared to assist parents in completing forms and answering questions they

may have. When appropriate, refer the parent to the District’s Parent Resource Network, (800) 933-

8133.

Note: The term parent, used throughout this Manual, includes:

• Any person having legal custody of the child;

• A person acting in place of a parent such as a grandparent or stepparent with whom the child lives;

• A person designated by the parent to represent the interests of the student. Note: In such cases the

school should attempt to obtain the designation from the parent in writing including the scope of the

representation. If it cannot be obtained, in writing, document the reason why and the means by

which the designation was obtained;

• A foster parent, if the natural parent’s authority to make educational decisions has been limited by

court order and the foster parent has an ongoing long term relationship with the student, is willing to

assume the role of parent in educational decision-making, and has no interest that would conflict

with the interest of the student;

• A surrogate parent appointed for the student who is a ward of the State or for a student whose

parents are unknown or unavailable;

• A student, who has reached the age of 18, for whom no guardian or conservator has been

appointed.

III. IDENTIFYING AND SERVING STUDENTS ENROLLING IN THE SCHOOL

All schools are responsible for having procedures in place to identify and promptly serve students, who

require or may need special services, when they enroll in the school. The mechanism for implementing

the procedures is the District’s Student Enrollment Form that must be completed by parents at the time

they are enrolling their child. Section 10 - Special Services asks the following five questions:

A. Did the student receive special education services at his/her previous school?

B. Did the student have an Individualized Education Program (IEP) at his/her previous school?

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C. Did the student have a Section 504 Plan at his/her previous school?

D. Does the student have difficulties that interfere with his/her ability to go to school or learn?

E. Has this student been identified for Gifted and Talented Educational services (GATE)?

Office personnel have the responsibility to assist parents, if necessary, answer the questions and

ensure that all questions are answered.

If all questions in Section 10 are answered NO, further follow-up is not required, other then checking

NO on Question A (1) on the Special Services Follow-up Section of the form.

If any question in Section 10 is answered YES, the Special Services Follow-up Section of the form must

be completed.

It is important that office personnel and administrator/designees familiarize themselves with the form

and their duties to ensure that students who require special services are identified and promptly

provided appropriate school programs and services. In so doing be sure to:

• View the student’s active IEP in the Welligent IEP system when the student has an IEP from a

previous school.

Note: Once a student has enrolled in the school, the IEP will transfer in the Welligent system and will

be viewable to the new school of enrollment.

Note: If the student is transferring from another school district, promptly obtain the IEP and any other

records from the previous district.

Note: If a student has begun the assessment process in another school district and then transfers to

LAUSD, LAUSD and the other district are responsible for expeditiously coordinating and completing the

evaluation.

Note: If a student transfers to LAUSD with an IEP from another school district in California, LAUSD will

provide comparable services in consultation with the parents pending an LAUSD review IEP. LAUSD

will hold a review IEP using the Welligent IEP system within 30 days of the student’s enrollment to

determine recommendations for special education services. If a student transfers into LAUSD from

another state, LAUSD will provide comparable services, in consultation with the parents, until a new

evaluation is conducted, if necessary, and a new IEP is developed. If a new evaluation is necessary to

determine eligibility based on California eligibility criteria for special education, it will be considered an

initial evaluation.

• Provide the parent the Parent Request/Reasonable Accommodations form and maintain the

completed form in the student’s special education folder. This form can be found in the Documents

section of the Welligent IEP system.

• Review the IEP and provide the student the programs and services specified.

Note: If the IEP is out of date or no longer appropriate, still implement it but hold an IEP meeting as

soon as possible (within thirty days).

• Review the IEP and provide the student the programs and services specified if the student enrolled

with an IEP from another school district. Hold an IEP review meeting within thirty days.

• Implement a student’s existing 504 plan, if available, or hold a meeting to develop a 504 plan.

• Take the specified actions when the parents have indicated that the student has difficulties that

interfere with his/her ability to go to school or learn.

• Enter all appropriate information into SIS for students who have an existing IEP.

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IV. REFERRING STUDENTS FOR A SPECIAL EDUCATION ASSESSMENT

Any person who believes that a student has or may have a disability and requires special education

and related services may make a formal request for a special education assessment. The request must

be in writing and entered on the Request for a Special Education Assessment Form. If a parent

submits a letter making the request, transfer the information on to a Request for Special Education

Assessment Form.

Note: If a parent refers a child, birth to age three, or a child age three or four who is not enrolled in a

District preschool program, call, or have the parent call, the Infant and Preschool Special Education

Office at (213) 241-4713. If the child is currently in a District preschool program, see the Preschool

Policies and Procedures guideline in Appendix A of this Manual.

If the request for a special education assessment is received from a parent whose child has been

placed by the parent in a private school, follow the District’s procedures for serving students with

disabilities placed by their parents at private schools. See Private School Students with Disabilities in

Appendix A.

Note: Students who reside in a school district other than LAUSD and attend a private school located

within LAUSD boundaries shall be referred to the Division of Special Education Private School office at

(213) 241-6701 in response to requests for special education assessments. School staff are not to

provide assessment plans in such cases.

Once a written request for a special education assessment has been received, the administrator/

designee has 15 days to develop and provide the parents with a special education assessment plan.

See Part II, Chapter 2, Developing a Special Education Assessment Plan for guidance.

Note: A request for a special education assessment may be denied. See the following section for

criteria and procedures.

Note: Requests for initial assessment for LAUSD resident students attending another school district on

a general education permit shall be referred back to the LAUSD school of residence. The LAUSD

school of residence will hold the IEP jointly with staff from the district of attendance and will make an

offer of FAPE that would be implemented upon enrollment in LAUSD. Conversely, LAUSD staff will

refer a student attending an LAUSD school on a general education permit to the student’s home district

for assessment.

The administrator/designee may discuss with the requestor accommodations or modifications that can

be made in the general education program to assist the student progress in the general education

curriculum. A meeting of the Student Success Team, involving the requestor, can be utilized to design

the accommodations or modifications. The requestor may agree to postpone their request for a special

education assessment until the accommodations or modifications have been implemented and the

results evaluated.

Note: If they do not agree, the assessment plan must be completed and provided to the parents within

15 days from the day that the formal request was received.

Administrator/designees should take the following actions to ensure that requests for a special

education assessment are handled properly:

1. Copies of the Request for A Special Education Assessment Form and the Student Information

Questionnaire for Parents And Guardians Form are to be kept by the administrator/designee. All

school staff should be knowledgeable about the referral process and how to access the forms.

2. Provide the appropriate forms to parents, staff and others upon request. They may also be provided

when a parent/guardian responds affirmatively to questions A, B, or D in Section 10 of the Student

Enrollment Form.

Note: Be sure to complete Sections A, D and the first line of Section E on the form and retain the

goldenrod File Copy as documentation that the form was provided.

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3. On an individual basis, assist the person making the request to complete the form(s) by providing

information or clarification as necessary.

4. If a request for a special education assessment is made by a parent/guardian, the administrator/

designee must do the following:

• If the request is made through a letter, the information must be transferred to the Request

Form. Provide the parent/guardian with the Student Information Questionnaire for Parents And

Guardians encouraging them to quickly complete the Questionnaire, since it will help the school

develop an appropriate assessment plan. Also, provide the parent with a copy of the Parent

Request/Reasonable Accommodation form and maintain the completed copy in the student’s

special education folder.

Note: Parents are not required to complete and return the Questionnaire.

• When the signed and dated Request Form is received, review Section B and fill in the remaining

portion of Section E.

• The date that a request letter or form is received must be entered on the Referral Details

section on the Welligent IEP system.

• A Special Education Assessment Plan must be developed and provided to the parent within 15

calendar days of receipt of the written request.

• When appropriate, discuss with the parent accommodations or modifications that can be made

to the general education program (see above) and whether they want to delay the assessment

until the modifications have been implemented and evaluated. If a parent agrees to postpone

the assessment, assist them in putting their decision in writing. Be sure it is signed and dated.

Attach the document to the Request Form and note the decision and date on the Referral

Details section on the Welligent IEP system.

Note: If the parent/guardian does not agree, the assessment plan must still be developed and

provided to the parent within 15 calendar days.

5. If a request for a special education assessment is made by a staff member the

administrator/designee must do the following:

• When a staff member requests a copy of the request form, discuss with them the information

required in Section C. They must list the prior accommodations or modifications that have been

taken to help the student. If no accommodations or modifications have been attempted and

outcomes documented, advise the staff member that a request for an assessment cannot be

made at this time and assist them in developing and implementing appropriate

actions/modifications. However, if some accommodations or modifications have been attempted,

discuss if warranted, others that might be implemented. If the staff member still wants to request

a special education assessment for the student, assist them in completing the Request Form.

• Enter the date that the Request Form was received on the Referral Details section on the

Welligent IEP system.

• Inform the parent/guardian that a request for a special education assessment has been made and

that they will receive a Special Education Assessment Plan for their review and approval.

• Ensure that the assessment plan is completed and provided to the parent/guardian within 15

calendar days of receipt of the written request.

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Page 29 of 358

PART II

CHAPTER 2:

DEVELOPING A SPECIAL

EDUCATION ASSESSMENT

PLAN

Page 30 of 358

Page 31 of 358

PART II: CHAPTER 2

EVELOPING A SPECIAL EDUCATION

ASSESSMENT PLAN

CONTENTS

I. DEVELOPING THE ASSESSMENT PLAN .................................................................................................................................31

II. COMPLETING THE SPECIAL EDUCATION ASSESSMENT PLAN..........................................................................................33

III. NEXT STEPS ............................................................................................................................................................................33

2007 Manual Revisions:

 I. Administering tests in the language and form most likely to yield accurate information.

 III. IEP timeline change from 50 days to 60 days.

 III. LAUSD may or may not pursue an initial evaluation if parents do not consent.

 III. Consent for assessment for students who are wards of the state.

I. DEVELOPING THE ASSESSMENT PLAN

Before a student can be assessed for eligibility for special education or reassessed while receiving

special education and related services, an assessment plan must be developed and provided to the

parents for their approval.

Note: If the student has reached age 18, and has not been judged incompetent under State law, they

assume all rights, roles, responsibilities, and communication, previously afforded their parents,

including receipt and approval of the assessment plan.

The special education assessment plan describes:

• The reason(s) for the assessment.

• The assessment areas that will be assessed.

• The types of assessments that will be included.

• The types of staff who will conduct the assessments.

A special education assessment plan is to be developed and provided to the parents:

• Within 15 calendar days from the date of receipt of a written request for an initial special education

assessment.

• Within 15 calendar days from the date of receipt of a written request for an assessment of a student

currently receiving special education and related services.

• Prior to conducting a reassessment of a student receiving special education and related services.

• When a change in a student’s eligibility for special education or related services is being

considered.

A special education assessment plan may be needed when a change in the student’s special education

or related services is being considered.

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Note: If the student is age four or five and currently enrolled in a District preschool program see the

Preschool Policies and Procedures guideline in Appendix A for procedures related to developing an

assessment plan.

All special education assessment plans should be developed using the District’s Special Education

Assessment Plan Form in the Welligent IEP system.

Note: The assessment plan provided to the parents must be in the language of the home. Forms in all

of the major languages are available.

The special education assessment plan should be developed in cooperation with the student’s

teacher(s), general and special education, and other appropriate staff, depending upon the student’s

disability or suspected area of disability, such as:

• The school psychologist

• Related services personnel

• The school nurse

Persons developing a special education assessment plan should use information from:

• The written request for a special education assessment.

• The LAUSD Student Enrollment Form, Section 10: Special Services.

• The parent, including the Student Information Questionnaire.

• School records, including teacher interviews and observations, student work samples, and other

knowledge gathered through a process that reviews the student’s achievement.

• The Student Success Team recommendations, including accommodations and modifications.

• Independent assessments provided by the parent.

Legally, the assessment plan must provide for:

1. Assessing the student in all areas of suspected disability.

2. Selecting and administering tests and other assessment materials that are not racially, culturally, or

linguistically discriminatory.

3. Administering tests and other assessment materials in the language and form most likely to yield

accurate information on what the student knows and can do academically, developmentally and

functionally unless it is not feasible to provide or administer.

4. Selecting and administering tests and other assessment materials to assess an English Language

Learner that measure the extent to which the student has a disability and needs special education,

rather than measuring the student’s English language skills.

5. Selecting tests and other assessment materials that assess specific areas of educational need and

are not designed to provide a single intelligence quotient.

6. Using a variety of assessment tools and strategies to gather relevant functional and developmental

information about the student.

7. Using information provided by the parent/guardian.

8. Obtaining information about how the student is involved and progressing in the general curriculum.

Note: An assessment plan does not need to be developed when administering assessments that are

generally administered to students in the class, school, or District.

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II. COMPLETING THE SPECIAL EDUCATION ASSESSMENT PLAN

The plan should be developed on the Welligent IEP System. The System provides for the assignment

of an IEP case manager who will be responsible for developing the Assessment Plan, assigning

assessors to provide the assessments once the plan is approved by the parent, and monitoring that is

completed on time.

Be sure to:

1. Check the appropriate reason(s) for the assessment.

2. Check the appropriate assessment areas, types of assessments, and the persons who may be

conducting the assessments.

3. Identify any accommodations in test administration that may be necessary.

4. If an interpreter will assist in the assessment, include the reason(s).

5. Include the date the plan was provided to the parent and the manner in which it was delivered.

6. Print and retain a copy.

7. Provide 2 copies to the parent/guardian and attach a copy of A Parents Guide to Special Education

(Including Procedural Rights and Safeguards).

Note: If English is not the primary language of the home, use the Welligent IEP System to develop a

copy of the plan in the language of the home and provide it to the parent.

III. NEXT STEPS

When the parent/guardian returns the signed assessment plan, the administrator/designee must

immediately

do the following:

1. Enter the date the signed assessment plan was received into the Welligent IEP system. The IEP

meeting due date (The IEP meeting is due 60 calendar days from receipt of the signed assessment

plan) will be automatically calculated by the Welligent IEP system.

2. Provide all assessors a copy of the assessment plan, the proposed date of the IEP meeting, and

when their assessment reports are due. The Welligent IEP system will automatically do this.

Note: The administrator/designee is responsible for ensuring that all assessments are conducted,

reports completed, and an IEP meeting is held within the 60 day timeline. The Welligent IEP system will

help monitor that assessments are being completed on time.

If the parent/guardian does not return a signed special education assessment plan within a reasonable

amount of time, the administrator/ designee may do the following:

1. Contact the parents to determine if they received the plan and intend to sign and return it.

Note: Document any contacts made with the parents regarding signing the plan. If necessary send the

parents another copy of the plan and document the date on the Welligent IEP system.

2. Provide the parents with information to answer questions they may have.

3. If appropriate, revise the plan to accommodate concerns the parents may have.

4. If the parents refuse to sign the assessment plan, place a copy in the cumulative folder, document

on the Welligent IEP system, and notify the personnel identified on the plan of the parent’s decision.

If it was an initial assessment the District may, but is not required to pursue the evaluation. The

District must document its reasonable efforts to obtain consent. If it was a reassessment and

attempts to obtain parental consent have been documented, the assessment may be conducted

without a signed assessment plan.

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Note: If the student is a ward of the state and not residing with the parents, reasonable efforts shall be

made to obtain consent. No consent is required if the parent cannot be found, parental rights have

been terminated or a Court has appointed an individual with educational authority. In these situations,

unless the Court has appointed an individual with educational authority, the District is responsible for

assigning a Surrogate Parent (See Appendix A, Guidelines for the IEP Team – Appointment of A

Surrogate Parent).

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PART II

CHAPTER 3:

INITIAL ASSESSMENT,

REASSESSMENT, AND

INDEPENDENT

EDUCATIONAL

EVALUATION

Page 36 of 358

Page 37 of 358

PART II: CHAPTER 3

NITIAL ASSESSMENT, REASSESSMENT

AND INDEPENDENT EDUCATIONAL

EVALUATION

CONTENTS

I. CONDUCTING AN INITIAL ASSESSMENT................................................................................................................................37

II. COMPLETING THE INITIAL ASSESSMENT REPORT .............................................................................................................40

III. CONTENT OF THE INITIAL ASSESSMENT REPORT.............................................................................................................40

IV. WHEN AND HOW TO CONDUCT A REASSESSMENT ..........................................................................................................41

V. HOW TO DETERMINE IF A REASSESSMENT IS WARRANTED............................................................................................42

VI. CONTENT OF THE REASSESSMENT REPORT.....................................................................................................................43

VII. INDEPENDENT EDUCATIONAL EVALUATION......................................................................................................................43

A. QUALIFIED EXAMINERS............................................................................................................................................43

B. CONSIDERING AN IEE...............................................................................................................................................44

C. INDEPENDENT EDUCATIONAL EVALUATION AT PUBLIC EXPENSE..........................................................................45

D. COMPLETING THE IEP MEETING..............................................................................................................................46

2007 Manual Revisions:

 I. Tests are to be administered in the language and form most likely to yield accurate

information.

 I. No single measure or assessment procedure may be used.

 I. A student cannot be determined to be a student with a disability if the determining factor is a

lack of instruction or limited English proficiency.

 IV. Reassessments requested by parents may not occur more frequently than once a year

unless LAUD and parent agree.

 V. IEP timeline change from 50 days to 60 days.

 VII. No more than one IEE at public expense may be provided annually in each area.

 VII. If the District assessment in the area of concern was conducted more than one year

previous to parent disagreement, the District has a right to conduct another assessment.

 VII. The District will not cover costs exceeding rates that are reasonable and customary for the

community for each identified assessment.

 VII. To avoid conflict of interest, the District may choose not fund an IEE by an evaluator who

provides ongoing services or not fund services through the evaluator whose IEE the District

agrees to fund.

I. CONDUCTING AN INITIAL ASSESSMENT

Conducting a complete initial special education assessment of a student, consistent with their

assessment plan, is an essential part of the special education process. The assessment should be

directed to the following purposes:

• To provide the IEP team with the information it will need to determine whether the child has a

disability and requires special education and related services.

Page 38 of 358

• To provide the IEP team with information regarding the child’s present levels of educational

performance.

• To provide the IEP team with information that will inform its decisions regarding the instructional

and other needs of the child and the accommodations, modifications, and services that may be

required.

To conduct special education assessments that comply with Federal and State policies, the following

must be adhered to:

1. Assessment instruments are selected and administered so that they are not racially, sexually, or

culturally discriminatory. Note: The use of intelligence tests for African-American students is

prohibited in California. Not only may they not be administered by school districts, but findings from

intelligence tests administered elsewhere may not be considered or contained in the records of

African-American students.

2. Assessments must be conducted in the language and form most likely to yield accurate information

on what the student knows and can do academically, developmentally and functionally unless the

assessment plan indicates why it is not feasible to provide or administer.

Note: If the assessor cannot communicate in the student’s primary language or mode of

communication an interpreter may be used.

3. For students with Limited English Proficiency the assessment instruments are selected and

administered in a manner that ensures that the assessment measures what is intended rather than

the student’s English language skills.

4. For students with sensory, motor, or speaking impairments the assessment instruments are

selected and administered in a manner that ensures that the assessment measures what is

intended rather than the student’s sensory, motor, or speaking skills.

5. Assessment tools and strategies are selected to provide information on the student’s specific areas

of educational need.

6. Assessment instruments have been validated for the purposes for which they are going to be used.

7. Assessments are only conducted by qualified professionals as specified in the instructions provided

by the producers of the assessment.

8. No single measure or assessment is used as the sole criterion for determining whether a student

has a disability and for determining an appropriate educational program for the student.

9. The assessment covers all areas related to the student’s suspected disability including if

appropriate:

• Health and development, including vision and hearing

Note: Findings from vision and hearing screenings must be from screenings conducted within

the previous 12 months.

• General ability

• Academic performance

• Language function

• Motor abilities

• Social and emotional status

• Self-help, including orientation and mobility

• Career and vocational abilities and interests

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Note: If an initial Individual Transition Plan (ITP) is being developed the student’s post school interests

and preferences must be assessed.

10. The assessment is sufficiently comprehensive to identify all of the student’s special education and

related services needs whether or not they are commonly linked to the disability category in which

the student may be identified.

11. A variety of assessment tools and strategies are utilized to gather relevant developmental,

academic and functional information about the student, including information provided by the

parent.

12. The assessment includes obtaining information related to enabling the student to be involved in and

progress in the general curriculum or for a preschool child to participate in appropriate activities.

13. A student cannot be determined to be a student with a disability if the determining factor is a lack of

appropriate instruction in reading, including the essential components of reading instruction, lack of

instruction in math, or limited English proficiency. Essential components of reading instruction

means explicit and systemic instruction in:

o Phonemic awareness

o Phonics

o Vocabulary development

o Reading fluency, including oral reading skills

o Reading comprehension strategies

14. For a student suspected of having a learning disability, the assessment includes observing the

academic performance of the student in a general education setting by an IEP team member

other than the student’s regular teacher.

15. For a student suspected of having a learning disability the assessment must provide information

for the IEP team to determine:

a. If a severe discrepancy exists between achievement and intellectual ability in one or more of the

following areas:

• Oral expression

• Listening comprehension

• Written expression

• Basic reading skill

• Reading fluency skill

• Reading comprehension

• Mathematics calculation

• Mathematics reasoning

b. If the discrepancy is due to a disorder in one or more of the basic psychological processes

including:

• Attention

• Auditory processing

• Visual processing

• Sensory motor skill

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• Cognitive abilities including: association; conceptualization; and expression

c. That the severe discrepancy is not primarily the result of:

• A visual, hearing, or motor impairment

• Mental retardation

• Emotional disturbance

• Environmental, cultural, or economic disadvantage

• Limited English proficiency

• Lack of appropriate instruction in reading or math

1. For a child who is visually impaired, the assessment must also provide information for the IEP team

on the most appropriate medium or media, including Braille, for reading.

Note: For a student who is functionally blind, an assessment of Braille skills is required.

2. For a student age fourteen and older, an assessment of their transition services needs, including

their preferences and interests, must be conducted.

II. COMPLETING THE INITIAL ASSESSMENT REPORT

When the assessments are completed a report must be written and uploaded into the Welligent IEP

system. While there may be more than one assessment report, the content of the reports must include

all of the elements listed below. Since the report is designed for the purpose of providing IEP team

members with the information they need to make informed decisions concerning the student, it should

be written, to the degree professionally appropriate, in a style understandable by the team members.

Reports should be completed well enough in advance of the IEP meeting so that:

• Copies can be made for distribution to team members at the IEP meeting.

Note: Parents who have requested to receive a copy of the assessments prior to the IEP meeting must

be provided a copy of the report at least four days prior to the meeting.

• They can be translated into the parent’s primary language upon written request from the parent,

unless clearly not feasible to do so.

• They can be reviewed and discussed by staff members to develop an understanding of the student

and his/her needs.

Note: This is particularly important if there are multiple reports.

III. CONTENT OF THE INITIAL ASSESSMENT REPORT

The report:

1. Contains student information such as:

• Name

• Student identification number

• Date of birth

Page 41 of 358

• Chronological age

• Primary language or mode of communication

• Race or ethnicity

• Gender

2. Covers all of the elements listed above under “Conducting an Initial Assessment”.

3. Cites the assessments that were utilized, states that assessment instruments selected and

administered were not racially, sexually, or culturally discriminatory, and were considered valid and

reliable for the evaluation, includes dates given and who administered them.

Note: If an assessment was administered under conditions not consistent with those specified in

the instructions provided by the producer, it must be so indicated in the report and how it may have

compromised the validity of the assessment.

4. Indicates when an interpreter was used in administering the assessment(s) and whether that

compromised the validity of the assessment(s).

5. Includes, when appropriate, the findings from previous assessments including independent

educational evaluations provided by the parent(s).

6. Indicates whether the assessments were a valid indicator of the student’s skills and aptitudes.

7. Provides evidence of whether the student has a disability and may require special education and

related services.

8. Describes the relevant behavior of the student, observed in an appropriate setting, and the

relationship of that behavior to the student’s academic and social functioning.

9. Describes relevant health, developmental, and medical findings.

10. Cites the student’s performance on State and District wide assessments.

11. For a student suspected of having a learning disability, provides evidence regarding whether there

is a significant discrepancy between achievement and ability that cannot be corrected without

special education and related services.

12. A determination concerning the effects of environmental, cultural, or economic disadvantage when

appropriate.

13. For a student with a low incidence disability, the need for specialized services, materials, and

equipment.

14. The name, title, and signature of the person who wrote the report and the date the report was

completed.

IV. WHEN TO CONDUCT A REASSESSMENT

Once a student has been identified by an IEP team as having a disability and needing special

education it is required that the student be reassessed, unless the parent and the District agree that it

is unnecessary, at the following times:

• Every three years (triennially)

• At any time at the request of the parent(s) or District staff except it shall not occur more frequently

than once a year unless the parent and district agree.

Generally, the purpose of a reassessment is to address one or more of the following concerns:

• That the student may no longer have a disability.

Page 42 of 358

• That the student may have an additional or different disability.

• That the student is not adequately progressing in achieving the goals and objectives set forth in

his/her IEP.

• That the student’s current special education and related services may no longer be appropriate.

• That the student may no longer need special education and related services.

V. HOW TO DETERMINE IF A REASSESSMENT IS WARRANTED

The determination to conduct or not to conduct a reassessment that meets all the elements of an initial

assessment must be made by the IEP team. In most cases this should take place at the annual IEP

meeting prior to the time that a triennial assessment would be due. In determining the scope of the

reassessment the IEP team must:

1. Review existing assessment data, current classroom-based assessments and observations and

teacher and related services providers’ observations

2. Decide what assessments are or are not necessary to determine one or more of the purposes for

reassessment listed previously in Section IV.

For example, it may not be necessary to conduct a reassessment to determine if a student who is deaf

is still deaf. However, a reassessment might still be warranted if there is a belief that there has been a

change in their hearing ability that might affect the services the student requires. Similarly, there would

be little value in repeating an assessment to determine cognitive abilities for a student with profound

mental retardation unless there is an indication that the student’s cognitive functioning has significantly

improved. Further, it would not be warranted to repeat an assessment that is no longer relevant to the

student’s current educational needs.

Note: A reassessment will be conducted if either the parent or the teacher requests that it be done.

Note: If the team concludes that no reassessment is warranted, the parent(s) must be informed of their

right to request the assessment, which must be conducted if the parent(s) so requests

Document decisions in Section H of the IEP.

3. Identify with input from the student’s parent(s) what additional data, if any, are needed to determine

whether the student continues to have a disability; the present levels of performance and educational

needs of the student; whether the student continues to need special education and related services;

and whether any modifications to the special education and related services are needed. Document

decisions in Section H of the IEP.

At least seventy-five (75) days prior to the triennial IEP review, the administrator/designee must prepare

a Special Education Assessment Plan indicating the assessments to be conducted and provide it to the

parent(s). See Part II Chapter 2, Developing a Special Education Assessment Plan. The re-evaluation

and the IEP meeting must be conducted within sixty days after the District’s receipt of the signed

assessment plan indicating the parent’s consent. The assessment results will then be considered at

the IEP meeting.

If a parent or staff member requests a reassessment at a time off the cycle of an annual IEP review and

it is believed to be warranted, a Special Education Assessment Plan must be prepared and provided to

the parent(s). If there are questions as to whether it is warranted, an IEP meeting can be held to

consider the request, or the views of the IEP team members can be solicited without a meeting. If it is

recommended to not conduct the reassessment, the parent(s) must be informed of this decision in

writing. If they disagree with this decision, they shall be informed of their Due Process rights.

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VI. CONTENT OF THE REASSESSMENT REPORT

The Reassessment Report must include:

1. A review of existing data about the student.

2. A summary of the student’s current classroom-based assessments.

3. A summary of observations from the general and special education teacher(s) and related services

providers.

4. A summary of the present levels of performance and educational needs of the student.

5. Results of any State or District-wide assessments that the student has participated in, including a

description of accommodations or modifications for the student in test administration.

6. A summary of the results of additional assessments conducted to produce information that would

assist in reviewing the current IEP.

7. A review of progress toward previous goals.

VII. INDEPENDENT EDUCATIONAL EVALUATION

An Independent Educational Evaluation (IEE) is an evaluation conducted by a qualified examiner, who

is not employed by LAUSD. Parents have the right, at anytime, to obtain an IEE and have its findings

considered by an IEP team. No more than one IEE at public expense may be provided annually in each

area.

Note: If the assessment conducted by the District included or permitted in-class observation of the

student, an equivalent opportunity is to be made available to the individual retained by the parent to

conduct an independent educational evaluation. If the District assessment in the area of concern was

conducted more than one year previous to parent disagreement, the District has a right to conduct

another assessment. The District will not cover costs exceeding rates that are reasonable and

customary for the community for each identified assessment.

A. Qualified Examiners

Consistent with State and District policy the following professionals are deemed qualified to conduct

IEEs. Examiners with credentials other than those listed below are not qualified unless the parent can

demonstrate the appropriateness of using an examiner with other credentials.

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Type of Assessment Qualifications

Academic Achievement Certified Special Education Teacher (Master’s Degree), Licensed

Educational Psychologist, or

School Psychologist (Credentialed)

Adaptive Behavior Certified Special Education Teacher (Master’s Degree),

Licensed Educational Psychologist, or

School Psychologist (Credentialed)

Assistive Technology Certified or Licensed Speech/Language Pathologist,

Certified Special Education Teacher (Master’s Degree),

Licensed Physical Therapist, or

Registered Occupational Therapist

Auditory Acuity Licensed or Certificated Audiologist

Auditory Perception (CAP) Licensed or Certificated Audiologist

Cognitive Licensed Educational Psychologist, or

School Psychologist (Credentialed)

Health Licensed Physician

Motor Development Licensed Physical Therapist,

Registered Occupational Therapist, or

Adaptive Physical Education Specialist (Master’s Degree)

Speech and Language Certified or Licensed Speech/Language Pathologist

Social/Emotional/Behavioral School Psychologist (Credentialed),

Social Worker (LCSW),

Licensed Psychiatrist, or

Licensed Educational Psychologist

Functional Vision Certified Teacher of the Visually Impaired (Master’s Degree)

Vision-Motor Integration Licensed Educational Psychologist, or

School Psychologist (Credentialed)

B. Considering an IEE

As noted above an IEE report, provided by a parent, must be considered by an IEP team, if it was

conducted by a qualified professional. To facilitate careful consideration, parents should be encouraged

to provide the report in advance of the meeting so it can be reviewed by District personnel qualified in

the area of the evaluation. It is often helpful to have the person(s) conducting the review attend the IEP

meeting.

Note: California policy requires that an IEE pertaining to the provision of related services or designated

instruction and services must be reviewed by qualified District personnel in the designated area and

that their recommendations must be reviewed and discussed with the parent(s) and appropriate IEP

team members prior to the IEP meeting.

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C. Independent Educational Evaluation at Public Expense

If a parent disagrees with the District’s assessment of the student, they have the right to request an IEE

at public expense. Public expense means that the Los Angeles Unified School District pays for the full

cost of the evaluation or evaluation components, up to the limits established by the District or ensure

that the evaluation or evaluation components are otherwise provided at no cost to the parent. Parents

may only request one publicly funded evaluation for each evaluation completed by the District. The

parents must request the IEE within one calendar year of the date that the results of the school

evaluation were shared with parent(s) at the IEP meeting. The District does not have an obligation to

reimburse parents for privately obtained evaluations, obtained prior to the date that the District’s

evaluation is completed and discussed at an IEP meeting. The District is not obligated to reimburse the

parent(s) for privately obtained evaluations if the parent(s) disagree with the District’s evaluation and

independently seek a private evaluation without first notifying the District.

To avoid conflict of interest, and in order to ensure the appropriateness of an IEE and its

recommendations, the District may, in its discretion, not fund an IEE by an evaluator who provides

ongoing service(s) or is sought to provide service(s) to the student for whom the IEE is requested.

Likewise, the District may, in its discretion, not fund services through the evaluator whose IEE the

District agrees to fund.

If a request for an Independent Educational Evaluation at public expense is requested, it is important

that the following be done:

1. If the request for an IEE is made at an IEP meeting, ask the parent which of the areas of

assessment they disagree with and why. Then document on page 10 of the IEP that there has been

a disagreement with the assessment(s), the area(s) of disagreement, the reason(s), and that an IEE

at public expense has been requested.

Note: Parents are not required to explain why they disagree.

2. If the request for an IEE is made outside of an IEP meeting, inform the parent that the request must

be in writing and indicate the assessment(s) with which they disagree. Tell them that it would be

helpful in considering their request to know why they disagree with the assessment(s).

3. Be sure that the parent has been provided a copy of A Parent’s Guide to Special Education

Services (Including Procedural Rights and Safeguards).

• Advise the parent that if the District disagrees with their request for an IEE at public expense,

because it believes that its assessment was appropriate, that the District will initiate a due

process hearing to determine if an IEE at public expense is required.

• Advise the parent that if the District or a hearing officer determines that an IEE is required that

they will be informed of the criteria and procedures for securing the IEE at public expense. The

District will not pay for an IEE performed prior to a determination that it is required or for an IEE

that is not consistent with District criteria and procedures.

• Advise the parent that if an IEE at public expense is not required, they may obtain an IEE at

their own expense and have it considered.

Note: If the parent intends to obtain an IEE at their own expense, inform them that in order for the

IEE report to be considered, it must have been conducted by a qualified examiner. (See list above.)

4. Forward the request for an IEE at public expense to your Special Education Support Unit

Administrator and include the written request and or the student’s IEP and a copy of the

assessment report(s) that the parent disagrees with.

5. The Support Unit Administrator will review the District assessment with the appropriate discipline to

determine if an IEE will be offered at public expense. If the Support Unit Administrator agrees to

provide an IEE at public expense, he/she will make available a list of names of independent

assessors. If the parent chooses to use a person not on the list, the person must meet the same

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criteria for qualified examiners named in this policy. If the Support Unit Administrator does not

agree with the assessor selected by the parent, the District must initiate a due process hearing.

6. Once the assessor has been agreed upon, the Support Unit Administrator will provide the parent

and the designated assessor with IEE requirements and an assessment plan will be developed.

The parent should be encouraged to participate in the development of the assessment plan. Within

15 calendar days of the decision of obtaining an IEE, the parents will be sent the assessment plan

for their review and consent.

D. Completing the IEP Meeting

If the parent at an IEP meeting disagrees with the assessment and indicates that they will obtain an IEE

on their own or requests an IEE at public expense, it is important that every effort be made to complete

the IEP meeting. Document on the IEP, as described above, the parent’s request and inform the parent

that another IEP meeting will be held to consider the IEE report once it is available. Also advise the

parent that they may invite the professional(s) who conducted the IEE to attend the IEP meeting.

If a parent plans to obtain an IEE or requests an IEE at public expense prior to an IEP meeting, do not

extend the date for the IEP meeting beyond the legally required timeline. Inform the parent that the IEP

meeting must be held within required timelines and that another IEP meeting will be held, at their

request, to consider the IEE report.

The independent evaluator will attend the IEP meeting by phone or in person at which time the

evaluation will be discussed. Independent evaluators must agree to release their assessment

information and results to the IEP team prior to receipt of payment for services. The District will pay the

independent examiner to attend the IEP team meeting as part of the evaluation responsibilities, which

also includes a classroom visitation and interviews with parent(s) and staff.

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PART II

CHAPTER 4:

GETTING READY FOR

AN INDIVIDUALIZED

EDUCATION PROGRAM

(IEP) MEETING

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PART II: CHAPTER 4

ETTING

READY FOR AN

INDIVIDUALIZED EDUCATION

PROGRAM (IEP) MEETING

CONTENTS

I. INTRODUCTION.........................................................................................................................................................................49

II. WHEN MUST AN IEP MEETING BE HELD...............................................................................................................................50

III. MEMBERS OF THE IEP TEAM ................................................................................................................................................51

IV. SCHEDULING THE IEP MEETING.......................................................................................................................................... 53

V. NOTIFYING PARTICIPANTS OF THE IEP MEETING.............................................................................................................. 54

VI. PREPARING FOR AN IEP MEETING......................................................................................................................................55

2007 Manual Revisions:

 II. IEP timeline change from 50 to 60 days.

 II. Parental consent for inviting agency representatives for transition planning.

 III.IEP team member excusal.

 V. Post-secondary goals and transition services will be addressed for students 16 years old and

older. This information must be included in the IEP meeting notification form.

 V. IEP meeting may be held via videoconference or audioconference.

I. INTRODUCTION

The Individualized Education Program (IEP) is a written document that is the District’s offer of a free

appropriate public education (FAPE) and is developed and agreed to by a team, at a meeting, that

documents:

• Whether the student is eligible for special education and related services.

• The student’s present levels of educational performance and educational needs.

• The goals and objectives the student is to achieve.

• The special education, related services, accommodations, and modifications the student needs and

will receive.

• The appropriate placement for the student.

• How the student’s progress will be assessed and reported.

IEPs that meet legal requirements and address student needs are the cornerstone of an effective

special education program.

The IEP is:

• An agreement, that the student will receive what is specified in the IEP.

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• A communication vehicle enabling parents, professionals and, if appropriate, the student as equal

participants to make joint informed decisions.

• A compliance tool enabling school districts and State and Federal agencies to determine whether a

student is receiving a free appropriate public education by assessing whether the IEP meets legal

requirements and whether the student is receiving what is documented on the IEP.

• A student-centered management tool used to ensure that a student is provided needed special

education and related services.

• A commitment of resources necessary to enable the student to receive needed special education

and related services.

The IEP is not:

• A guarantee that a student will achieve the goals and objectives set forth in their IEP.

• A vehicle for specifying the methodologies teachers and other professionals will use with the

student.

II. WHEN MUST AN IEP MEETING BE HELD

An IEP Team must meet whenever any of the following occurs:

• A student has been assessed pursuant to an assessment plan. This includes initial assessments,

triennial assessments, or other assessments.

• At least annually, to review the student’s progress and eligibility and make necessary revisions.

• A student demonstrates a lack of anticipated progress.

• The parent or District staff member requests a meeting to review the IEP. Note: IEP meetings must

be held as frequently as they are requested. There is no legal limit to the number of IEP meetings

that may be requested.

• There is a proposal to change the student’s eligibility, services, or placement. Note: If there is a

belief that the IEP team will consider exiting the student from special education services because

the student no longer has a disability or require special education services, an assessment of the

student is required. See Part II, Chapter 2, Developing a Special Education Assessment Plan.

• There is student misconduct that results in a second suspension.

• The student reaches eight cumulative days of suspension.

• If suspensions continue, on day 11, when the student must return to the school site and an IEP

meeting is held to determine appropriate services.

• When a student with an IEP transfers into the LAUSD from another school district.

IEP meetings must be held within the following timelines:

• 60 calendar days from receiving the signed assessment plan from the parent.

Note: The 60 calendar days does not include days between the student’s regular school sessions

or terms, or days of school vacation in excess of five school days. If a signed assessment plan is

received within 20 days of the end of the regular school year, the IEP must be held within 30 days

after the beginning of the subsequent regular school year. If the signed assessment plan is received

during the student’s school vacation the IEP meeting must be held within 60 days of the date that

school reconvenes.

• 30 calendar days from the time that a parent or teacher requests a meeting to review the IEP.

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Note: The 30 calendar days do not include days between the student’s school sessions or terms or

days of school vacation in excess of five school days.

• Within one calendar year from the date of the previous IEP meeting.

• 30 calendar days from the enrollment of a student with an IEP from another school district.

• For students age 14, or younger at the discretion of the IEP team, the IEP meeting must also

include the development of an Individual Transition Plan (ITP). An ITP must be developed prior to

the student’s fourteenth birthday, to ensure that an ITP is in place when he/she reaches age

fourteen. See Appendix A, Guidelines for Transition Services for Students with Disabilities, Ages

14-21 for further information.

In extraordinary circumstances the date of an IEP meeting may be extended if the parent agrees in

writing to the extension. Any correspondence to the parent seeking a timeline extension must be in the

parent’s primary language, unless it is clearly not feasible to do so.

III. MEMBERS OF THE IEP TEAM

The following persons are required at IEP team meetings:

1. One or both parents of the student. The term parent means:

• A person having legal custody of a child.

• A person acting in place of a parent, such as a grandparent or stepparent with whom the child

lives.

• An individual designated by the parent to represent the interests of the student.

Note: In such cases the school should attempt to obtain the designation in writing from the parent

including the scope of the representation such as the representative’s participation in the IEP

meeting, whether he/she is authorized to sign the IEP and whether the representation is limited to

one or more IEP meetings. If it cannot be obtained in writing, document the reason why and the

means by which the designation was obtained.

• A foster parent if the natural parents’ authority to make decisions has been limited by court

order and the foster parent has an ongoing, long term parental relationship with the child, is

willing to assume the role of parent in educational decision making and has no interest that

would conflict with the interest of the child.

• The student, if age 18 or older, for whom no guardian or conservator has been appointed.

Note: While the student’s parents must also receive notice of the meeting, the roles and

responsibilities of parents described in this Manual revert to the student.

• A surrogate parent appointed for a student who is a ward of the State or for a student whose

parent is unknown or whose whereabouts cannot be determined. See Appendix A, Appointment

of A Surrogate Parent for information concerning the appointment of a surrogate parent.

Note: If the parent chooses not to attend, or after a reasonable number of invitations to the meeting

they do not respond, the IEP meeting can be held without the parent’s attendance. (See Section V on

Notifying Participants of the IEP Meeting below.)

2. An administrator or administrative designee. The administrator/administrative designee must:

• Be qualified to provide or supervise the provision of special education.

• Be knowledgeable about the general curriculum and linguistically appropriate goals, objectives

and programs.

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• Be knowledgeable about the availability of the resources of the District, including program

options available to address the needs of the student.

• Have the authority to commit District resources and be able to ensure (by such means as

administratively directing, coordinating, monitoring, reporting on, etc.) that the delivery of

services that are described in the student’s IEP will actually be provided.

3. At least one special education teacher or special education provider of the student.

Note: If the only special education service the student is or may be receiving is language and speech

related services, the speech-language pathologist may be the special education provider.

Note: At an initial IEP meeting, the special education teacher should be the special education teacher

who may be serving the student or a special education teacher with the appropriate qualifications.

4. At least one general education teacher of the student, if the student is or may be participating in

general education.

5. A person knowledgeable about the assessment procedures used to assess the student, familiar with

the results of the assessment and qualified to interpret the instructional implications of the results.

This may be one of the teachers listed above. Psychologists and related services providers

participating in IEP meetings may not serve as administrative designee or act as chair of the IEP

meeting.

Note: A member of the IEP team is not required to attend in whole or in part if the parent and District

agree that attendance is not necessary because the member’s area of the curriculum or related

services is not being modified or discussed. If the area of the curriculum or related services is to be

modified or discussed, the member can be excused from attending if the parent and District agree, and

written input is provided to the parent and the District prior to the meeting. Parental agreement must be

in writing.

When appropriate, the following persons must also attend the IEP meeting:

1. The student.

Note: The student must be invited if a transition plan is being developed or reviewed at an IEP

meeting. If the student is not going to attend the IEP meeting, document the reason on page 1 of

the ITP. If the student is a minor, it is up to the parent to decide if the student will attend the

meeting.

2. At the discretion of the parent and/or the District, other individuals who have knowledge or special

expertise concerning the student, including related services personnel, as appropriate.

3. For a student who is being considered for eligibility as a student with learning disabilities:

• One person qualified to conduct individual diagnostic examinations of students, such as a

school psychologist, speech-language therapist, or reading teacher.

• At least one person, other than the student’s general education teacher, who observed the

student’s academic performance in the general classroom setting, for example a special

education teacher, psychologist, administrator, or another general education teacher.

4. When a transition plan is being developed for a student age 16, or younger at the discretion of the

IEP team, representatives of the agencies, other than the District, that are likely to provide or pay

for the provision of transition services are to be invited.

Note: With the consent of an adult student or the parents, an agency may be invited regarding

transition planning. If the student is on an inter-district permit, a representative from their district of

residence must be invited. See Appendix A, Inter-district Permit Guidelines for Special Education.

5. For a student who is being considered for dual placement (placement in a nonpublic and public

school):

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• Representative(s) from the nonpublic school and the public school where the student will be

dually enrolled, including general education teachers, special education teachers and

administrators.

• A representative from the student’s school of residence if the public school in which the student

will be dually enrolled is not the school of residence.

6. Representatives from County Mental Health or other agencies as appropriate. The IDEA and

California law permit school districts to utilize state certified non-public schools and agency

providers (NPS/NPA providers) to meet the requirements of federal and state special education

laws in serving students with disabilities. IEP teams should be aware that NPS/NPA providers may

attend IEP team meetings, and as collaborative participants in the IEP meetings, provide feedback

on student progress and offer services recommendations in their area of service and expertise.

7. District staff that have responsibilities for behavior intervention, as appropriate.

8. For a student who has been placed in a group home by a juvenile court, a representative of the

group home must be invited.

It is expected that IEP team members will participate in the meeting to its completion and not attend to

other duties during the meeting. However, general education teachers are required to participate, at a

minimum, in the following:

• Positive behavioral interventions and strategies

• Present levels of performance

• Supplementary aids and services

• Goals and objectives that will be implemented in the general education classroom.

• Program and curricular modifications

• Supports for school personnel

• Instructional interventions and strategies

IV. SCHEDULING THE IEP MEETING

Since it is essential that IEP team members are available and prepared for the meeting and that

meetings are held within required timelines, effective scheduling is important. In most schools the vast

majority of IEP meetings held each year are annual reviews.

The District’s Welligent IEP system provides a master calendar of the dates by which all annual reviews

and three year IEP reviews must be held. Using the Welligent IEP system, schools can schedule IEP

meetings far enough in advance to coordinate and facilitate team member preparation and

participation. Since the administrator/designee will probably attend more IEP meetings than other staff,

systematic planning will be helpful for his/her time management.

In many schools IEP meetings tend to cluster at the beginning or end of the school year, making school

wide planning even more important. Annual IEP reviews that also include an assessment of the student

require longer range scheduling, since assessment plans must be prepared, assessments conducted

and reports written before the IEP meeting can be held. Since the amount of time needed for an

effective IEP meeting will vary depending on the needs of the student, be sure to schedule an

appropriate period of time to discuss and resolve all relevant issues. Scheduling of IEP meetings back

to back for short periods is not considered to be reasonable.

Note: Administrators should verify the availability of all staff (including itinerant Related Services

providers) required to attend before scheduling the meeting.

While schools must provide parents a written notification of the IEP meeting (see below), efforts should

be made to schedule or reschedule the IEP meeting at an agreeable time and location to facilitate their

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participation. All such efforts must be documented. In order to encourage parent participation, school

staff must explore alternative types of participation, such as individual or conference calls, if a parent is

unable to attend a meeting.

V. NOTIFYING PARTICIPANTS OF THE IEP MEETING

Parents must receive written notification of their child’s IEP meeting at least 10 calendar days prior to

the meeting using the LAUSD Notification to Participate in An Individualized Education Program (IEP)

Meeting form. The notice must be in the parent’s primary language.

The notice form can be completed and produced in the District’s major languages by using the

Welligent IEP system. Complete the form in English. Be sure to:

1. Check the purpose(s) of the IEP meeting.

Note: The notice for a student age 16 and older must have the box checked that the IEP meeting will

include post secondary goals and transition services.

2. Check the individuals who are being invited to participate.

Note: Enter the participants on the IEP Details screen of the Welligent IEP.

3. Specify a contact person to whom the parent can direct questions.

4. When appropriate and feasible, make a copy of the notification form for the parents in their primary

language.

5. Provide the parents with the appropriate copy of the form and attach copies of A Parent’s Guide to

Special Education Services (Including Procedural Rights and Safeguards), The IEP and You, and

The ITP and You (when an individualized transition plan will be developed or reviewed at the IEP

meeting) in the parent’s primary language.

6. Notify staff at least 10 calendar day prior to the meeting using the Welligent IEP system. Students

attending IEP meetings must receive a copy of the notification. Reminder: If an ITP is being

developed the student must be invited to participate. If an ITP is being developed for a student that

involves the participation of representatives from outside agencies, be sure that they are notified of

the meeting.

7. Enter the date the form was sent to the parents on the IEP Meeting screen of the Welligent IEP

System.

8. Record attempts to convince the parents to participate in the IEP meeting. The District must show

an effort to arrange a mutually agreed upon time and place for the IEP meeting. An IEP meeting

can be held via video or audio conferencing or other alternative means. Documentation should

include:

a. Detailed records of telephone calls made or attempted and the results of those calls.

b. Copies of correspondence sent to the parents and any responses received.

c. Detailed records of visits made to the parents’ home or place of employment and the results of

those visits.

d. Written or verbal confirmation provided by the parents that they do not wish to attend the IEP

meeting, verified in the Welligent IEP System by a signed Notification to Participate in an

Individualized IEP Meeting, a logged telephone call or personal conversation with date, a logged

record of a visit to home or place of employment with date, or an email message or fax. In this

case, the District does not need to provide evidence of additional recorded attempts to convince

the parents that they should attend the IEP meeting.

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The District will collect evidence of recorded attempts to convince and document the results of these

attempts in the Welligent IEP System.

9. When the signed form is returned, enter the date received on the bottom of the form.

10. If after a reasonable number of documented efforts (at least 3), the parent does not respond to the

Notification to Participate in an Individualized Education Program Meeting, the IEP meeting may be

held without the parent’s participation.

If the parents have requested on the form that the meeting be rescheduled, try to find a mutually

agreeable date and then send them a notification form with a new date.

VI. PREPARING FOR AN IEP MEETING

To ensure that an effective efficient meeting is achieved the following actions prior to the IEP meeting

will be of assistance:

1. Be sure that all staff participating in the IEP meeting received the Notification and are able to

attend.

2. Clarify the roles and responsibilities of staff, including that they:

• Arrive at the IEP meeting on time and prepared.

• Remain at the IEP meeting as long as is required.

• Remain attentive to the proceedings throughout the duration of the IEP meeting.

• Not delegate their responsibility to another staff member unless that person is in a position to

assume responsibility as defined in Section III, Members of the IEP Team.

• Ensure that the cultural and linguistic needs of parents and students are addressed.

3. Review the assessment plan on the Welligent IEP system to ensure that all assessment reports

have been completed and translated (unless clearly not feasible to do so), and a copy of the report

has been provided to the parents if they requested a copy. Prepare copies of the assessment

reports for the meeting.

Note: If the parent requested a copy of the assessment report it must be forwarded to them at least

4 days prior to the meeting.

4. Review the signed Notification or the Welligent IEP system to determine if independent educational

evaluation reports that were to be submitted prior to the IEP meeting have been received. If not

contact the parents or evaluator(s) to remind them to provide the report(s) in time for the meeting.

Make necessary copies.

5. Have staff review assessment reports including independent educational evaluations, if they are

available prior to the meeting.

Note: It is appropriate for staff to come prepared to IEP meetings with findings and

recommendations related to components of the IEP. These may or may not be written on an IEP

form and may be revised during discussion at the IEP meeting. It must, however, be made clear to

parents at the onset of the meeting that such findings and recommendations are provided for review

and discussion. At no time should a complete draft IEP be prepared prior to the meeting.

6. Have staff summarize information on the student’s present level of educational performance,

including:

• Report cards

• Class tests

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• Standards-referenced assessments, such as performance-based assessments and curriculum-

based assessments

• Anecdotal records

• Behavioral reports

• Checklists and other teacher evaluations

• All assessment reports

• Reports from providers of transition services

• Performance on State and District wide assessments

• Observations from parents, including how the student applies what he/she has learned at school

in the home and community.

• Comments from the student

7. Have staff review the student’s current IEP/ITP, unless it is an initial IEP meeting, to determine the

progress the student has made in meeting IEP/ITP goals and objectives and prepare recommended

changes.

Note: While decisions at an IEP meeting are to be based on input from all participants, participants

may come prepared with draft recommendations for team consideration.

8. Have staff review the student’s current accommodations, modifications, services and placement

and develop recommendations for consideration at the IEP meeting.

9. If the IEP meeting is the annual review prior to the three year review, staff, including those staff who

may have responsibility for conducting the three-year reassessment, should discuss whether the

student is appropriately identified, is achieving IEP goals and objectives and functioning

appropriately within the school setting, in order to make a recommendation as to whether a

reevaluation may be necessary.

10. If the student’s need for assistive technology may be an issue at the IEP meeting see School-Site

Assistive Technology Considerations Planning Worksheet in Appendix A, Assistive Technology and

Low Incidence Programs guidelines for guidance on information to be collected in planning for the

IEP meeting.

11. If there is a belief that the forthcoming IEP meeting may lead to a placement in a location outside

the student’s school of residence or the school the student is currently attending, obtain information

from the Support Unit about appropriate and available placements that can be considered at the

IEP meeting. See the section on Consideration of Placements and Services Outside the Student’s

Home School in Appendix A, Determining Placement in the Least Restrictive Environment, for

further information.

12. If there is a belief that the forthcoming IEP meeting may lead to a recommendation for a related

service that is currently not available at the school the student is currently attending, the appropriate

related service office should be contacted (See Part IV Chapter 1) in advance to allow the office to

identify District staff to provide the service at the school of attendance, or at another school as close

to the student’s home or school as possible. See section on Procedures to Identify a District

Employed Related Services Provider Not Currently Assigned at the School in Appendix A,

Determining Placement in the Least Restrictive Environment for further information.

13. If the student will be participating in the IEP meeting, have the school staff responsible for the

delivery of special education services provide the student with instruction on his/her role, rights and

procedural safeguards. The instruction should be based on the information contained in the

Parent’s Guide to Special Education Services (Including Procedural Rights and Safeguards), The

IEP and You and, when appropriate, The ITP and You.

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Note: At least one year before the student turns 18 he/she must be notified that he/she will be

assuming the rights, roles, responsibilities, and communication previously held by his/her parents.

14. Encourage parents to prepare for the IEP meeting by:

• Reviewing their child’s current IEP.

• Visiting their child’s current placement.

• Reviewing reports of their child’s progress.

• Preparing observations of their child’s performance at home and in the community.

• Meeting with their child’s teacher(s).

• Noting progress they are pleased with or concerned about.

15. Review the completed Parent Request/Reasonable Accommodations form, signed Notification or

the Welligent IEP system to determine if the parent has requested any accommodations at the

meeting and arrange that they be provided.

16. Review the completed Parent Request/Reasonable Accommodation form, signed Notification or the

Welligent IEP system to determine if an interpreter is required. If required, arrange for an interpreter

to be present.

Note: Interpreting services may be provided by a trained interpreter on the school staff or through

the District’s Translation Unit at (213) 241-5840.

17. Make arrangements for any equipment (including someone knowledgeable about its operation),

materials, forms etc. that may be needed at the meeting.

Note: Parents intending to audio tape record the meeting must give notice to the

administrator/designee at least 24 hours prior to the meeting. If the parent gives notice to some

other District employee that District employee shall advise the parent to whom the request should

be directed. If the parent tape records the meeting, the school may also tape record the meeting

without parental approval. If District staff want to audio tape record the meeting, parents must be

notified in writing at least 24 hours prior to the meeting and informed that they have the right to

refuse to have the meeting recorded. Any recording made by the District is subject to the Federal

Family Educational Rights and Privacy Act (FERPA) and thus subject to confidentiality

requirements.

18. Determine who will be responsible for writing the IEP during the meeting. Have that person

complete Section A through C of the IEP prior to the meeting. Check to see that the information is

current.

19. Assign a person to be responsible for ensuring that the computer is there and operational.

20. Reserve a meeting room that has privacy, sufficient space and seating for all the IEP meeting

participants, and can support the effective use of any equipment that may be required.

21. Prepare an agenda for the meeting. A sample agenda for is provided at the end of this Chapter.

See Chapter 5, Conducting an IEP Meeting for further details.

22. Determine who will chair the IEP meeting. This will usually be the administrator/designee or it may

be another member of the IEP team. It may not be the psychologist or related services provider.

The selection should be the individual who is most capable of facilitating a productive meeting.

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Sample IEP Meeting Agenda

START UP

• Welcome

• Introductions

• Outcomes

• Overview/Time Constraints

• Ground Rules

• Decision Making Process

• Rights

IEP DEVELOPMENT

• Present Levels of Performance

o Cognitive*

o Communication*

o Health*

o Academics*

o Motor Functioning*

o Prevocational/Vocational*

o Social-Emotional/Socialization/Behavior*

o Self Help*

• Eligibility

• Recommend/Establish Goals & Objectives

• Placement & Consideration of Least Restrictive Environment

• Supports & Services

• Offer of FAPE

• Next Steps

• Signatures

o Consent

*As Applicable

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PART II

CHAPTER 5:

CONDUCTING AN

INDIVIDUALIZED

EDUCATION PROGRAM

(IEP) MEETING

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PART II: CHAPTER 5

ONDUCTING AN INDIVIDUALIZED

EDUCATION PROGRAM (IEP) MEETING

CONTENTS

I. INTRODUCTION..........................................................................................................................................................................61

II. BEGINNING THE MEETING ......................................................................................................................................................62

III. DETERMINING ELIGIBILITY.....................................................................................................................................................63

IV. PRESENT LEVELS OF PERFORMANCE................................................................................................................................65

V. ANNUAL GOALS AND OBJECTIVES........................................................................................................................................66

VI. STANDARDS, ACCOMMODATIONS AND MODIFICATIONS.................................................................................................68

VII. PARTICIPATION IN STATE AND DISTRICT WIDE ASSESSMENTS ....................................................................................69

VIII. SERVICES AND SUPPORTS.................................................................................................................................................70

IX. PLACEMENT IN THE LEAST RESTRICTIVE ENVIRONMENT...............................................................................................71

X. TRANSPORTATION....................................................................................................................................................................74

XI. OFFER OF A FREE APPROPRIATE PUBLIC EDUCATION....................................................................................................75

XII. COMPLETING THE MEETING ................................................................................................................................................76

2007 Manual Revisions:

 III. IEP timeline change from 50 days to 60 days.

 IV. The Senior Transition Inventory form replaces the Student Exit Interview form.

 VIII. Rationale for services based on research required in discussion.

 VIII. Assistive technology excludes surgically implanted medical devices.

 XII. In cases of IEP disagreement, three processes of dispute resolution are identified and

explained.

I. INTRODUCTION

The manner in which an IEP meeting is conducted will often determine its effectiveness. The process

should ensure that:

• The focus is on the student.

• All participants are viewed as having important contributions.

• Communication is in a style and manner that is both understandable and respectful.

• The needs of the student guide the decisions made at the meeting.

• The decisions made can and will be implemented.

• Policy requirements are met.

The following steps should help facilitate an effective meeting.

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II. BEGINNING THE MEETING

1. Begin the meeting on time.

2. If the meeting is being audio recorded, advise the participants to speak loudly enough and take

turns speaking.

3. State the purpose of the meeting. For example: “We are here to review the progress that (student’s

name) has made since the last IEP meeting and to plan (his/her) education program for the next

year.” We are here to determine whether (student’s name) has a disability and requires special

education and related services and if so determine what services will meet (his/her) needs.”

4. Introduce the participants and their roles.

Note: When an interpreter is used, clarify the roles and turn-taking procedures that are to be used

(e.g., allow time for all communication to be completely interpreted; speak to the participants, not

the interpreter; take turns talking; simultaneous interpretation will occur; or other specific

interpreting procedures to be used).

5. Distribute the proposed agenda and ask the participants if there are any additions or modifications.

Changes should only be accepted if they are consistent with the purpose(s) of the IEP meeting.

6. Ask the parents if they received copies of A Parent’s Guide To Special Education Services

(Including Procedural Rights and Safeguards) and The IEP and You and The ITP and You, if a

transition plan is being developed or reviewed. If they have not received them, provide copies and

review the content with the parents.

Note: If the student has reached the age of 18, and has not been determined to be incompetent

under State law, all rights, roles, responsibilities and communication described in this Manual

pertaining to the parent are conveyed to the student.

7. Solicit and answer questions from the parents regarding their rights. Invite them to ask questions at

any time during the meeting.

8. Ask the parents if they understand their rights as described in the Guide and/or explained to them. If

they do not, their rights need to be summarized again until they understand them.

9. Tell the team that the proceedings and results are confidential and will be used for educational

purposes only.

10. Tell the parents that their concerns and the information they provide regarding the student will be

considered in reviewing and/or developing the IEP. This may be achieved by asking questions

throughout the meeting, such as: “Tell us about your child.”, and “From your perspective, what can

we do to help?”. Throughout the meeting invite parent comments and questions and check for

parent understanding. Take every opportunity to make the parents part of the team.

Note: If a parent concern or question cannot be addressed at the meeting, specify a time in the

future when the parent will receive a response and who will follow-up.

11. Give the parents an opportunity to share their expectations and vision of the student’s future,

including short-term and long-term issues. The parent may describe his/her understanding of the

student’s strengths and personal interests, as well as concerns regarding the student’s educational

performance, physical development, social and emotional development, independent functioning,

vocational considerations and participation in the home and community. If the IEP team is

developing or reviewing an ITP, discuss the student’s post school goals, interests and preferences.

Note: Pertinent information provided by the parent or student must be summarized on the IEP/ITP

either on appropriate sections or on page 12.

12. Beginning with the year that the student will turn 14 and each annual review thereafter, discuss the

District’s requirements for graduation with a diploma or certificate of completion, including:

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a) The difference between a diploma and certificate of completion.

b) The right of students to continue their education until age 22, unless they have earned a

diploma.

c) The courses that must be satisfactorily completed for a diploma.

d) The exams that must be passed for a diploma.

e) For students required to pass the California High School Exit Exam (CAHSEE), review what the

student will need to know and be able to do to pass the exam.

f) The criteria for receiving a certificate of completion.

g) The District’s prescribed alternate course of study.

See the guideline on High School Graduation and Commencement Participation in Appendix A for

further information.

III. DETERMINING ELIGIBILITY

In order for a student to be eligible for special education the student must have a disability and a unique

learning need that cannot be met through general education with appropriate accommodations and

modifications, and must require special education services to meet his/her unique learning need as

determined through assessment. See Appendix A, Determining Eligibility for the criteria to be used in

determining if a student has a disability.

A student ceases to be eligible for special education if he/she no longer has a disability or has a unique

need requiring special education.

Note: An assessment of the student must be conducted before the IEP team can make this

determination.

In determining eligibility, the IEP team should do the following:

1. Present assessment results, if a purpose of the IEP meeting is to determine initial or continuing

eligibility or to consider terminating special education and related services. Individuals

knowledgeable about the assessment findings and who can interpret their instructional implications

should give oral reports summarizing the findings from the assessment reports. This information

should be communicated in clear, concrete language with minimal use of professional jargon. For

example, in addition to using terms like “auditory memory” or “transitioning” the following might be

included:

• “John has difficulty remembering directions 10 minutes after the teacher gives instructions.”

• “Ermenia becomes distracted and forgets what to do when moving from one activity to another.”

Encourage team members to ask for clarification if they do not understand what is being presented.

2. Discuss the results from any independent educational evaluations conducted by qualified

examiners (See Independent Educational Evaluation in Part II Chapter 3). If the persons conducting

the evaluations are present ask them to summarize their findings.

Note: Summarize the team’s consideration of the independent educational evaluation(s) on page

12 of the IEP.

3. Determine whether the student has or continues to have one or more disabilities. When making this

determination the IEP team should:

• Discuss characteristics of the student that support the identification of a disability.

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• Answer the questions on the Specific Learning Disabilities Certification Form when determining

whether a student has a learning disability or when revaluating a student with a learning

disability and complete the form. Maintain the completed form in the student’s green folder.

• Document the areas of disability that were discussed.

• Document the areas of disability considered by the IEP team for which the student did not meet

eligibility requirements and the reasons why.

• Identify the disability or disabilities for which the student is found eligible.

4. Determine whether the student has a unique learning need that requires special education services.

When making this determination the IEP team should:

• For an initial IEP develop and document a profile of the student’s functioning, including present

levels of educational performance, and the accommodations and modifications that have been

tried with the student and their level of success.

• Discuss whether the student’s disability has or continues to have an adverse effect on his/her

educational performance.

• Determine whether the unique educational needs of the student are not primarily due to:

a) Environmental, cultural or economic factors.

b) Lack of instruction in math.

c) Lack of instruction in reading.

d) Limited English proficiency.

e) Social maladjustment.

f) Temporary physical disability.

Note: If the IEP team determines that the student’s unique educational needs are primarily due to one

or more of the above factors, then the team must conclude that the student is not eligible for special

education.

5. If it is determined that the student does not have a disability or no longer has a disability and thus is

not eligible for special education, the IEP team may discuss other general education

accommodations and modifications that might be beneficial.

6. If it is determined that the student has a disability, but does not require or no longer requires special

education, the IEP team should discuss whether the student is eligible for a Section 504 Plan (See

Part III Chapter 1).

Note: If it is determined that the student may be eligible for a Section 504 Plan, refer the student for the

504 evaluation process.

7. If it is determined that the student is not or is no longer eligible for special education check the

“Does not meet eligibility criteria (or voluntary exit, but remains eligible upon re-enrollment)” box on

page 1 of the IEP.

8. If it is determined that a student no longer requires special education, follow Welligent IEP system

procedures for conducting a Final IEP under the category of “No longer eligible for special

education services.”

9. Document the decisions made above in Section F of the IEP. If it was determined the student is not

or is no longer eligible for special education, the IEP meeting can be adjourned. (See Section XII,

Completing The Meeting, below). If the student is determined to be eligible, proceed with the

meeting.

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10. If the IEP meeting is the annual review prior to the three-year review, determine if the student will

need a formal assessment for consideration at the next three-year review. If the team determines

that the student is appropriately identified, is achieving IEP goals and objectives and functioning

appropriately within the school setting, the team may determine that a formal assessment process

to continue eligibility is unnecessary. If the team determines that the student’s eligibility should be

reexamined, and/or that the student is not achieving IEP goals and objectives or functioning

appropriately in the school setting, the team should determine that a formal assessment is

necessary and specify the specific areas of assessment that are needed. Document the decisions

in Section H of the IEP.

Note: The assessment will be conducted during the 60-day period prior to the next three-year

review. An assessment plan will have to be developed, at that time, and parental consent obtained,

before the assessment can be conducted.

IV. PRESENT LEVELS OF PERFORMANCE

1. Determine whether the student will participate in one or more of the following:

• The District general education curriculum for his/her grade level.

Note: For preschool students, the preschool curriculum.

• The District general education curriculum using accommodations and/or modifications. See

Section VI, Standards, Accommodations and Modifications, below.

• The District Special Education Alternate Curriculum

Document the decision in Section M, #9 of the IEP.

2. Special factors such as health, physical or sensory limitations, behavior which impedes learning,

language status, use of Braille or other modifications of media, communication needs and the

student’s need for vocational or prevocational career education, work experience education and/or

independent living skills training should be discussed when appropriate. The discussion should be

based on findings from formal and informal assessments of the student including State and District

wide assessments and the assessment of student interests and abilities if an ITP is being

developed.

Note: Since it is the District’s policy that IEP goals are to be aligned to State standards, the use of

results from standards-referenced assessments will allow the IEP team to identify the specific skills.

3. For students who are pursuing a certificate of completion, determine which one of the following

three requirements the student is expected to meet and document the requirement on page 12 of

the IEP:

• Satisfactory completion of 230 credits of a prescribed alternative course of study as identified on

the student’s IEP, or

• Satisfactory achievement of his/her IEP goals and objectives during high school as determined

by the IEP team, or

• Satisfactory high school attendance, participation in the instruction prescribed in his/her IEP,

and achievement of the transition goals and objectives.

If it is expected that this is the last IEP meeting before the student participates in graduation

culmination exercises with a diploma or certificate of completion, complete Section P of the IEP. If

the student is not graduating with a diploma, explain that the student may only participate in one

graduation culmination exercise either with their age appropriate peers or before they reach age 22.

If the student does not receive a diploma, but participates in graduation culmination exercises they

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may still continue their education until age 22. Only complete Section P, if the IEP team determines

that it expects the student to participate in graduation culmination exercises during the year.

Note: If it is expected that the student will be completing his/her education, interview the student

using the Senior Transition Inventory form and, when appropriate, provide the student assistance in

completing the form. Forward the completed form to the District Office of Transition Services. This

form can be found in the Documents section of the Welligent IEP system.

4. If the IEP meeting is an annual review, refer to the present levels of performance from the previous

IEP and utilizing monitoring information, discuss the progress the student has or has not made.

5. Identify performance areas in which the student requires support and the assessment or monitoring

information used to make that determination. Examples of performance areas include:

health/development; vision (including low vision); hearing; social, emotional and behavioral status;

general ability; self help; academic performance (e.g. reading, writing, math); orientation and

mobility; language functions; motor abilities; and career and transition abilities.

6. For each performance area in which the student requires support, develop a narrative statement

that establishes a baseline for the student’s present level of performance in that area. The

statement should be written in measurable terms that allows for monitoring and reporting on the

progress the student is making. In academic areas, standards should be referenced. Include the

student’s strengths in the area. Include how the student’s disability impacts involvement and

progress in the general curriculum.

7. Document the above decisions in Section E of the IEP.

8. Beginning with the year that the student will turn 14, discuss and document on page 1 of the ITP the

results of the assessments of the student’s interests and abilities. If the student has identified a

Career Pathway, this information should be entered and updated at each IEP meeting as additional

information becomes available.

9. Beginning with the year that the student will turn 14, develop or modify a statement of transition

service needs and a statement of needed transition services. This should be documented on pages

1 through 3A of the ITP and include the following:

• Instruction: The student’s educational goals and the courses needed.

• Education/Training

• Employment

• Independent Living Skills

V. ANNUAL GOALS AND OBJECTIVES

1. If the student is receiving special education services, review all annual goals and objectives in the

current IEP and determine whether the objectives under each goal have been met or not. All

objectives have to be met in order for the goal to be met. For each goal that is not met determine

the reason(s) why and what might be done to better assist the student to meet the goal. Enter this

information in Section D of the IEP.

2. For each performance area statement that identifies a student need, including the statement of

transition services needs, develop at least one annual goal. Annual goals represent the IEP team’s

estimate of what the student can reasonably be expected to achieve with specialized instruction or

support during a specified period of time not to exceed 12 months. Annual goals must be

measurable. The team should answer the question, “With specialized instruction or support what do

we expect the student to know or do within a year”. All academic goals must be aligned to the

California Content Standards. Additionally:

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• Goals developed for related services providers may also be aligned to the content standards.

• Stand-alone goals, goals that cannot be linked to content standards, may need to be developed in

performance areas not directly linked to content standards, e.g., behavior, social skills.

Note: To ensure that students are provided standards-based instruction the Division of Special

Education has adopted the Handbook of Goals and Objectives Related to Essential State of California

Content Standards developed by the California Association of School Administrators and the California

Association of Resource Specialists. These goals and objectives are available in the Welligent IEP

System goal bank.

Note: If a student has a moderate to severe disability and is not participating in the required course of

study to meet the high school exit exam, goals should be developed from the Curriculum Guide for

Students with Moderate to Severe Disabilities. Many of these goals are available in the Welligent IEP

system goal bank.

Note: For preschool students goals should be developed from the preschool curriculum.

Note: Beginning with the year that the student turns 14 and each annual review thereafter, develop

goals that are designed to assist the student to pass required courses and exams for graduation.

3. Develop at least two objectives that will lead to the achievement of each goal. Objectives must be

incremental, measurable and observable.

4. For each objective, determine the date (month, year) that it is anticipated that the objective will be

achieved.

5. For each objective, determine the method of evaluating progress. For example, State assessment,

norm-referenced assessment, criterion referenced assessment, curriculum-based assessment,

observation, portfolio assessment, work samples, and informal assessment.

Note: If an assessment that is not generally administered to students in a class, school, or District is to

be used, an assessment plan will have to be developed and approved before the assessment can be

administered.

6. Determine the types of general education, special education and related services providers who will

be responsible for instructing the student in each of the goals. It is possible that more than one

person may be responsible. For example, both the general and special education teachers may be

providing instruction to ensure that the student achieves the goal.

7. If a goal is to be implemented by a related services provider, a resource specialist or a nonpublic

agency, determine if the service will be provided “per week” or “per month” and the frequency and

number of minutes of instruction.

8. For each goal, determine the dates (month, year) that services will begin and when the goal should

be achieved. While this will often be the date of the IEP meeting and the following 12 months,

circumstances or student needs may necessitate other dates. For example, an IEP meeting held

near the end of a school year may set goals that would begin to be implemented at the beginning of

the next school year, or a goal might be established that should be implemented in 6 months, or in

rare instances, a particular service may take some additional preparation and time to provide.

9. Determine how progress on each goal will be reported to the student’s parents. For example, report

card, written progress report, parent conference.

Note: Reporting shall be at least as frequent as that provided for typical students.

10. If the student has been determined to be Limited English Proficient, identify linguistically appropriate

goals and objectives and English language development services to assist the student develop

fluency in English. This is to be done by completing the Master Plan for English Language Learners

Form.

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11. If the student is blind or visually impaired, the IEP team must determine if the student requires

instruction in Braille and the use of Braille. The team must consider: the findings from an

assessment of the student’s reading and writing skills, needs, appropriate reading and writing

media, and the student’s future need for instruction in Braille and the use of Braille. If the student

requires instruction in Braille or the use of Braille, develop appropriate goals and objectives and

document the need for Braille materials and equipment in Section M, “Assistive Technology

Devices”, and Section M, “Low Incidence Support”.

12. If the student’s behavior is an issue implement the following:

• If the student is having behavioral problems which are not considered serious, develop

behavioral goals and objectives that teach appropriate social skills and provide for consistently

scheduled reinforcement.

• If the student is having behavioral problems, in the school setting, that are considered serious

and interfere with daily learning develop a Behavior Support Plan.

• If the student is having daily behavioral problems, in the school setting, that significantly

interferes with the implementation of the student’s IEP goals and objectives and which is self

injurious, assaultive or causes property damage, and which is severe, pervasive and

maladaptive, and requires frequent and systematic application of behavioral interventions

consider recommending a Functional Analysis Assessment (FAA) and the development of a

Behavioral Intervention Plan (BIP). (See Behavior Supports for Students with Disabilities in

Appendix A.)

Note: If the IEP team determines that an FAA and BIP are warranted, an assessment plan will have

to be developed after the meeting and an IEP team meeting scheduled to consider the findings of

the FAA and to develop a BIP. Complete as much of the current IEP meeting as possible, with the

understanding that an amendment IEP meeting will be held once the FAA is completed.

• If the student is having behavioral problems, review the disciplinary policies to be followed by

the student including the specific regular or alternative disciplinary measures that would result

from particular infractions of school rules. See Appendix A, Behavior Supports for Students with

Disabilities.

13. Document the above decisions in Section G of the IEP. For further information see Appendix A,

Developing Academic and Functional IEP Goals.

VI. STANDARDS, ACCOMMODATIONS AND MODIFICATIONS

1. For all K-12 students who are instructed in the general curriculum, discuss that the student will be

expected to meet District promotion standards unless the IEP team decides otherwise. Consider the

following:

• Does the disability impact the student’s ability to meet District grade level standards? If yes,

discuss how the student’s disability affects the student’s learning and how this influences the

student in meeting promotion standards. For example, a student who has difficulty with visual

processing will have to be taught alternative strategies for mastering reading skills. This may

impact the materials used for instruction and the time required for the student to master specific

skills.

• Is the student expected to meet grade level promotion standards? If the answer is yes, discuss

what accommodations and/or modifications are necessary to help the student progress in the

general curriculum? Accommodations are changes to how the student demonstrates mastery of

skills associated with meeting grade level standards. For example, the student is permitted to do

fewer math problems or audiotape a report rather than using a word processor or handwriting.

Modifications are changes to the content of instruction. For example, a student might learn the

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major concepts leading to the Revolutionary War and not be expected to learn the historical

facts.

Note: The on-going use of modifications may impact meeting promotion and graduation standards.

• What accommodations and/or modifications are necessary for a student in grades 7-12 to

complete the District’s prescribed course of study and to meet or exceed the proficiency

standards necessary for graduation?

• Document the above decisions in Section J of the IEP.

2. Discuss the accommodations, modifications, or services, if any, that the student requires to

participate in non-academic and extra-curricular activities. Non-academic and extra curricular

activities are those activities provided or sponsored by the school or District available to other

students in the school. They do not include other community-based activities. Identify the type of

staff who will be responsible for providing the accommodations, modifications or services.

Document the decisions in Section I of the IEP.

VII. PARTICIPATION IN STATE AND DISTRICT WIDE ASSESSMENTS

1. Explain that students, in state identified grades, including students with disabilities, are required to

participate in the California Department of Education’s Standardized Testing and Reporting (STAR)

program. The District’s Planning, Assessment and Research Branch provides testing guidelines,

including guidelines for students with disabilities, annually. A small percentage of students, with

severe cognitive delays, who are being educated in an alternate curriculum, may upon the

determination by the IEP team, participate in the California Alternate Performance Assessment

(CAPA). Students with disabilities must also participate in any District wide student performance

assessments or an alternate assessment to assess the student’s skills.

2. Explain that, if needed, the student may participate in the assessments with accommodations and

modifications. An accommodation is a change in how a test is presented, how a test is

administered, or how a test taker responds which is necessary to allow the student to participate in

the test but does not fundamentally alter what the test measures or affect the comparability of

scores. A modification is a change in how the test is presented, how a test is administered, or how

the test taker is allowed to respond that fundamentally alters what the test measures or affects the

comparability of scores.

A matrix of Special Education Accommodations/Modifications for California Statewide Assessments

is available at the following website www.cde.ca.gov/ta/tg/sa/documents/matrix5.pdf

Accommodations and modifications are described in the following three categories:

• Category 1 accommodations may be described as flexibility in administration and do not alter

what is measured by the test. These accommodations may be provided to any student who uses

the accommodation regularly for classroom instruction and/or assessment.

• Category 2 accommodations require a more significant alteration in presentation,

timing/scheduling, setting, or response and, in most cases, require more preplanning in order to

ensure the availability of needed resources. The accommodations should be similar to those

used by the student for classroom instruction and/ or classroom assessment.

• Category 3 signals that the test adaptation is considered a modification in that it alters what the

test measures. Modifications should only be used when accommodations have been considered

and it is determined that the student does not have adequate access to the test without the

modification.

3. Document the decisions in Section K of the IEP.

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VIII. SERVICES AND SUPPORTS

1. Discuss the services that the student will need to reasonably achieve the goals and objectives that

were developed, the rationale per the research that supports the recommended services to the

extent practicable, and the most appropriate service providers, including general education

teachers, special education teachers, least restrictive environment (LRE) facilitators, related

services providers, etc. In order for an IEP team to recommend a special education or related

service, the goals and objectives agreed to must justify the need for the service and provide the

direction necessary to guide the providers’ work with the student. In addition, for a student to

receive a related service, an assessment, conducted by a qualified assessor, must have indicated

the student’s need for the service and that the service can not be provided by a general or special

educator.

Note: If the IEP team is considering counseling as a related service, see Appendix A, Counseling

Services for further criteria and guidance.

2. Beginning with the year that the student will turn 16, discuss whether the student will require the

services of outside agencies to meet the transition related goals and objectives. Document the

decision on page 1 of the ITP.

3. Discuss the amount of time that the student will require special education and related services. For

related services providers, review the amount of time specified under each goal. Calculate on a

weekly basis the percentage of time the student is in school that he/she will be receiving special

education and related services.

4. If necessary, discuss any additional support services that may be needed to support the student’s

special education and related services. This might include interpreters for deaf students, etc.

5. Discuss the type of physical education the student should receive. This includes regular physical

education (with or without accommodations), specially designed physical education, and adapted

physical education.

Note: Specially designed and adapted physical education can only be agreed to if an assessment

has been conducted, the IEP team has found the student in need of this related service in order to

benefit from special education services, and goals and objectives have been developed. Discuss

any accommodations or modifications the student may require such as extra time to dress or

assistance with a locker.

6. Discuss any supports for school staff that may be needed, including professional development and

training.

7. Discuss if the student requires assistive technology, using information previously discussed by the

team. Focus first on specific present levels of performance. Consider any assessment information

presented. In addressing the student’s need for assistive technology begin with low/no tech (i.e.

graphic organizers, color coding, picture boards) to mid level technology (calculator, books on tape)

to higher-level technology (word processor, computers). If equipment is recommended, use

descriptive terms, not brand names (i.e. typewriter not “Canon 250”). Be sure that the need for

assistive technology is documented in the student’s present levels of performance, and that goals

and objectives incorporate the assistive technology selected. See Appendix A, Assistive

Technology and Low Incidence Programs guidelines for further information.

Note: Assistive Technology excludes surgically implanted medical devices or replacement of such

devices.

8. Determine whether the student qualifies for low incidence services. The District can receive State

funding to support the special equipment needs and services of students with low incidence

disabilities: students with a visual impairment, students who are deaf or hard of hearing and

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students with a severe orthopedic impairment. The need for low incidence equipment and/or

services is assessed by the classroom and/or special education teacher and appropriate related

services professionals and determined by the IEP team. The following are examples of the

specialized equipment and/or services.

• Specialized communication instruction/equipment (i.e. Braille, speech reading, American Sign

Language, Fingerspelling, communication boards and/or communication devices)

• Specialized materials and equipment to access curriculum (i.e. Braille readers/writers,

amplification devices, specialized computer hardware and/or software)

• Specialized transportation

• Specialized equipment/instruction to acquire daily living skills

• Assistance with personal needs

• Specialized career and vocational instruction

Document in Section M of the IEP if the student qualifies for low incidence services and the

services needed. Be sure that any assistive technology cited is also documented in #7 above.

9. Determine whether the student requires extended school year (ESY) services. ESY services are

provided during the summer/intersession for a student who the IEP team determines will experience

a loss of skills (regression) during the break from school that he/she will not recoup in a time frame

comparable to typical students upon return to school. Most students regress during school breaks

and recoup their lost skills within an expected period of time when school reconvenes. For a student

to have a regression and recoupment problem, the IEP team must consider the student’s past

performance and determine that the student is at risk of not recouping skills within the normally

expected period of time. A student with severe disabilities may also be eligible for ESY services if

he/she requires such services in order to attain critical skills that are essential to the progress of the

student and lead to independent functioning and integration with nondisabled individuals.

10. Document the above decisions in Section M of the IEP.

11. It is not necessary for a parent to file for a due process hearing as a standard procedure for

approval of reimbursement for a certified nonpublic school or certified nonpublic agency services.

IEP teams have the authority to make decisions about parent reimbursement for placements at

certified schools and for services provided by certified agencies. Discussion and determination of

reimbursement are documented on page 12. School personnel may contact Support Unit

personnel for assistance when IEP teams consider parent reimbursement requests.

IX. PLACEMENT IN THE LEAST RESTRICTIVE ENVIRONMENT

1. Explain that the IEP team has the responsibility to determine the appropriate educational setting for

the delivery of the services.

2. Explain that, the legal principle of “least restrictive environment” requires that to the maximum

extent appropriate, students with disabilities should be educated with students who are not

disabled. That placement in a special class or separate schooling should only occur when the

nature or severity of the student’s disability is such that education in a general education class with

appropriate accommodations, modifications, services and supports cannot be achieved

satisfactorily.

3. Explain that the District provides a continuum of placements. See Appendix A, Determining

Placement in the Least Restrictive Environment. Review the continuum, explaining that they are

listed from the least restrictive to the most restrictive. Explain that, consistent with the principle of

serving the student in the “least restrictive environment”, consideration of the appropriate placement

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option for the student should begin with the general education classroom. If the student will receive

any special education services outside the general education classroom, the rationale must be

documented in Section M of the IEP.

4. Progressing through the continuum, discuss the placement options and whether the student’s goals

and objectives, with the accommodations, modifications, services and supports previously agreed

to can reasonably be met. If the team rejects a less restrictive option, it must explain why that option

has been rejected.

5. Consider the communication needs of the student, and in the case of a student who is deaf or hard

of hearing, consider the student’s language and communication needs, opportunities for direct

communications (without an interpreter) with peers and professional personnel in the student’s

language and communication mode, academic level, and full range of needs, including

opportunities for direct instruction in the student’s language and communication mode.

6. If the behavior of the student is a factor in the placement decision the IEP team must address the

following:

• What are the behavioral expectations in the student’s classroom(s)?

• Has a collaborative team consisting of people with expertise and experience working with the

student and his/her family been assembled to support the student by developing positive

behavioral supports?

• Do behavioral supports need to be developed for the student’s behaviors, which are not

considered to be serious? If so, have the specific behavioral goals and objectives, consistent

reinforcements and social skills to be taught, been written into the IEP? If not, add them.

• Is the student demonstrating serious behaviors which interfere with daily learning? Has a

Behavior Support Plan been developed that identifies the communicative intent of the

behavior(s), the antecedent/environmental factors contributing to the behavior(s), social skills to

be taught, goals and objectives and needed accommodations, modifications, services and

supports? If a Behavior Support Plan has not been developed, the IEP team should develop

one. (See Appendix A, Behavior Support For Students With Disabilities.)

• If the student demonstrates a serious behavior problem that significantly interferes with the

implementation of the student’s IEP goals and objectives and which is self injurious, assaultive

or causes property damage, and which is severe, pervasive and maladaptive and requires

frequent and systematic application of behavioral interventions, has a Functional Analysis

Assessment been conducted? If not, the IEP team should consider requesting a Functional

Analysis Assessment before considering placement in a more restrictive environment.

• If the student has had a Functional Analysis Assessment, has a Behavioral Intervention Plan

been developed by the IEP team? If not, the IEP team should consider developing one.

In considering the above be sure to identify and document on the IEP the following:

1. Previously effective means of addressing the behavior.

2. The team members involved in implementing the Behavior Intervention or Behavior Support Plan.

3. The current classroom management practices that will be augmented.

4. The instructional strategies, enabling responses, and reinforcement strategies that will be

employed.

5. The settings in which the Behavior Intervention Plan or Behavior Support Plan will be consistently

used.

6. The acceptable interventions to ensure the safety of the student and others according to District

standards.

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Note: IEP teams should not agree to the placement of a student in a more restrictive environment,

because of the student’s behavior, until a Behavior Support Plan or Behavior Intervention Plan has

been developed and implemented.

7. When considering placement in the general education classroom the following must be addressed

and documented on the IEP:

• What modifications or accommodations need to be provided by the general education teacher in

order for the student to be involved in and progress in the general curriculum, be held to high

achievement standards, appropriately interact with non-disabled peers in the classroom and

activities outside of the classroom, including extracurricular activities?

• What specific services are necessary to support the general education teacher in providing the

modifications or accommodations?

• What specific special education and related services need to be provided?

8. If the IEP team is considering placement outside of the general education classroom the following

must be addressed and documented on the IEP:

• Identification of the general education courses and subjects to which the student will be

assigned.

• How the general education teacher(s) and special education teacher(s) will collaborate to enable

the student to maintain access to the general curriculum with any needed modifications and

continue to develop meaningful relationships with peers.

• How the student will participate with non-disabled peers, socially and/or academically.

• How the collaborative team can use the student’s strengths in providing instruction.

• A plan to support the student’s movement to a less restrictive environment, including activities

that will be conducted to implement the plan.

9. If the IEP team is considering a placement outside of the student’s school of residence, see

Appendix A, guideline on Determining Placement in the Least Restrictive Environment, section on

Consideration of Placement and Services Outside the Student’s Home School for requirements.

10. If the District is considering related services for the student that are not available at their school of

attendance, see Appendix A, guideline on Determining Placement in the Least Restrictive

Environment, section on Procedures to Identify a District Employed Related Services Provider Not

Currently Assigned at the School for requirements.

12. If during the next 15 months it is anticipated that the student will matriculate to the next school level

(i.e. elementary to middle school, middle to high school), consider and document the activities that

will be conducted to support a successful matriculation.

13. Based on IEP team decisions on instructional setting and educational program for a student, the

Welligent IEP system calculates the percentage of time that the student will be receiving special

education services during an average week. Related services is included in the calculation. Monthly

services are calculated to the week; for example, one hour per month adds 15 minutes a week to

the time the student is receiving special education services. Percentages vary based on the school

calendar as some schools have longer days. For students who are or will be enrolled in nonpublic

schools the nonpublic school will indicate the total minutes the student spends daily receiving

special education services.

14. Determine the appropriate placement for the student to receive ESY services, if the student

requires such services.

15. Document the above decisions in Section M of the IEP.

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X. TRANSPORTATION

1. Determine if the student requires transportation services. Transportation is usually needed if the

placement or services are not at the student’s school of residence. A student may also need

transportation due to personal factors such as health, social judgment, or lack of ability to

communicate, such that the safety of the student is a primary consideration. See Appendix A,

Determining Transportation as a Related Service for further information.

2. If the student requires transportation, determine if school to school or home to school

transportation is needed. School to school transportation is generally needed when the student will

be attending a school that is not their school of residence or receiving services at another location.

Home to school transportation is generally needed to accommodate personal factors such as

health, social judgment, or lack of ability to communicate, such that the safety of the student is a

primary consideration. There may also be special circumstances such as the student will be

attending a nonpublic school or other special arrangements specific to the students. In such cases

check the “other” box in Section M of the IEP. See Appendix A, Transportation As A Related

Service for further information.

3. If the student’s personal factors such as health, social judgment or lack of ability to communicate

are such that that the safety of the student is a primary consideration, the IEP team should

determine and document whether the student needs home-to-school or some other mode of

transportation and whether the student needs special accommodations, equipment modifications

or supports. This determination should be based on information from assessments, consultation

with the Transportation Branch and relevant health professionals, including District medical

personnel. Consideration should be given to the following:

• Unique medical or assistive equipment, including wheelchairs or gurneys that have unique

designs, configurations, or adaptation that may require special handling.

• When the school bus equipment may require modification.

• When the student exhibits severe behavioral difficulties and a behavior plan is to be

implemented.

Note: If the IEP team recommends that assistance is needed on the bus, there must be a behavior

support plan with behavioral goals to support the need.

• When the student is medically fragile, requires special assistance, or has other unique needs.

• When climate control has been requested by a physician to address an identified medical need.

• When a physician has imposed a limitation of time on the bus to address an identified medical

need.

• When the student’s special communication needs are a critical factor in the effective

communication of evacuation procedures and other safety issues such that accommodations

and modifications applied on school to school and home to school transportation are insufficient.

4. If the student will be receiving extended school year services, determine if and what form of

transportation will be required.

5. Be sure that any supports the student may require during transportation have been documented in

item #10 “Additional Supports” in Section M of the IEP.

6. Document the above decisions in Section M of the IEP.

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XI. OFFER OF A FREE APPROPRIATE PUBLIC EDUCATION

1. Review the services, accommodations, modifications, supports, assistive technology and placement

that have been determined during the course of the IEP meeting to ensure consensus.

2. Develop an offer of a Free Appropriate Public Education (FAPE). The offer of FAPE is a written

statement that documents the specific educational placement for the student. Specific educational

placement is defined as the unique combination of facilities, personnel, location or equipment

(assistive technology) necessary to provide instructional services to a child, as specified in the IEP,

in any one or a combination of public, certified nonpublic, home, hospital or residential settings.

The offer of FAPE must include the following:

a. The period of time for the placement and services, using school year calendar descriptions,

including extended school year (ESY). For example: “During the 2003-2004 school year” or

“During the 2003-2004 school year and ESY 2004”.

Note: If during the specified period, the student will be matriculating to another school level or

advancing to another grade and such movement will change what is offered in the bullets below,

include what is being offered at each school level or grade.

b. The student’s name

c. The location of the placement the student will be attending, including a description of the type of

school. For example: Wonderful Elementary School, District school of residence, or Wonderful

Elementary School, non-residence school.

Note: If the student is to be dually enrolled, attending a nonpublic and public school, list both schools. If

the student will be receiving instruction at home cite “home” as the placement.

d. The type of provider, and the program, including the type of class. For example: A Special Day

Program for students with autism, taught by a Special Day Program teacher, or a fourth grade

general education classroom with the provision of instructional support provided by a resource

specialist one to two times per week for a total of 60 minutes, or a Special Day Program for

students with learning disabilities and two Special Day Programs one for math and science, one

for language arts.

Note: For example: For ESY services, she will be provided instruction in a Special Day Program.

e. A description of the modifications, accommodations, or supports provided by the general

education and other school staff. For example: He will be accompanied to all his classes by a

classroom assistant until his observable hall behaviors have decreased according to the goals

set in his Behavior Support Plan.

f. A description of the related services the student will receive, including time (minutes), frequency,

and type of provider. For example: The occupational therapist will provide 30 minutes of

occupational therapy, two times a week, or the student will continue to receive related services

from a nonpublic agency 30 minutes each session two times a week to modify inappropriate

classroom behaviors as specified in his IEP.

g. Other unique conditions relevant to the student, including specialized equipment/assistive

technology or facilities. For example: She will be provided a typing device with voice output to

support her communication needs.

h. A description of the activities that will be conducted to support the matriculation of the student to

the next school level, if it is anticipated that the student will matriculate in the next 15 months.

See Section IX, item 11, above.

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i. A description of activities that will be conducted to support the transition of the student to a less

restrictive environment if the student’s placement is other than a general education placement.

See Section IX, item 8, above.

3. Agree on the offer of FAPE and enter the offer on page 12 of the IEP.

4. See section on Documenting an Offer of FAPE in Appendix A, Determining Placement in the Least

Restrictive Environment for further information.

XII. COMPLETING THE MEETING

1. Provide team members an opportunity to ask any final questions or concerns not previously

addressed.

2. Document on Section O any follow-up actions necessary, the person responsible for each action,

their position and the date by which the action will be completed. If the IEP meeting was recessed

to resolve a matter, such as the location of a placement, determine who will be responsible for

expeditiously finding a solution and reconvening the IEP meeting. If the parent did not attend the

IEP meeting, use one of the “other” sections to document the certificated person who will be

responsible for discussing the IEP with the parent.

Note: Any task documented must be completed by the time indicated. Maintain the documentary

proof in the student’s green folder.

3. Complete the IEP and ask the parent to check the consent box in Section Q of the IEP and sign and

date their consent. If the parent does not consent, clarify which elements of the IEP they agree to

and those with which they disagree. Schools and parents are encouraged to work out

disagreements during and after IEP team meetings whenever possible. If it is believed that an

agreement can be reached at the school site level, decide what steps will be taken to reach an

agreement such as:

• Having additional persons with special expertise join the team.

• Taking time to review the options individually.

• Exchanging written information to clarify and/or elaborate on IEP team discussions.

• Having the parent visit a class or program.

Document in Section Q of the IEP the elements of agreement and disagreement, the steps that will

be taken by the school and/or parent to resolve the disagreement as part of the IEP process, and a

date for reconvening the IEP team meeting. Adjourn the IEP team meeting and reconvene the

meeting at the specified date.

4. If the parent’s concerns cannot be resolved through the IEP process, inform the parent of the

various dispute resolution options available in the District, i.e., Informal Dispute Resolution (“IDR”),

Mediation Only, and Formal Due Process. Refer the parent to “A Parent’s Guide to Special

Education Services (Including Procedural Rights and Safeguards)” which describes the various

dispute resolution processes. Also provide the parent with the IDR pamphlet for his or her

consideration. Once the parent selects a dispute resolution process, make sure to document (in

section Q on page 10 of the IEP) the disputed issues, which parts of the IEP are agreed upon (i.e.,

those parts that parents give consent for implementation), and which process the parent would like

to use to resolve the dispute. Descriptions of the three dispute resolution processes and

instructions on what school site administrators are to do for each process are set forth in Chapter 6,

“Resolving Disagreements,” and in Reference Guide 1410.3.

5. Have all team members participating in the meeting print and sign their names in Section R of the

IEP.

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6. Thank the members for their attendance and participation.

7. Encourage parents to contact school or other District staff, at any time, if they have questions or

concerns.

8. Provide parents with the names and telephone numbers of school or other District staff they may

want to contact.

Note: Parents whose primary language is other than English must be provided with specific information

on how their questions and concerns will be addressed in their primary language or other mode of

communication (e.g. a bilingual contact person).

9. Ensure that individual District team members are clear about specific follow-up actions and

timelines for which they are responsible, including completion of District forms.

10. Provide the parent with a copy of the completed IEP. If the parents submit a written request for

translation of the IEP, arrange for the translation. See Appendix A, guideline on Parents Right to

be Informed in Their Primary Language or Other Mode of Communication.

11. Provide the parent with the Parent Input Survey and ask them to complete and return it according to

directions.

12. Inform district staff IEP participants that they may access the Staff Input Survey form at

http://sped.lausd.net

13. Following the meeting, distribute copies of the IEP to all staff who will be implementing it. Document

the distribution on Section R of the IEP.

14. If the IEP team determined that the student requires transportation complete the

Data/Transportation Form and follow the transmission directions on the form.

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PART II

CHAPTER 6:

RESOLVING

DISAGREEMENTS

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PART II: CHAPTER 6

ESOLVING DISAGREEMENTS

PURPOSE

These special education guidelines have been developed to provide procedures and other information

to assist school sites when disagreements arise over IEP related issues, which include disagreements

over the content of IEPs (i.e., what is appropriate for the student) and complaints regarding the

District’s compliance with special education laws and regulations.

FOR FURTHER ASSISTANCE: Please contact the Division of Special Education Due Process

Department at (213) 241-6718.

CONTENTS

I. OVERVIEW..................................................................................................................................................................................81

II. PROCEDURES FOR RESOLVING DISAGREEMENTS OVER WHAT IS APPROPRIATE FOR THE STUDENT....................82

A. Informal Dispute Resolution........................................................................................................................................................83

B. Mediation Only.............................................................................................................................................................................84

C. Due Process Proceedings...........................................................................................................................................................85

1. Initiation of Due Process Proceedings/Complaint Procedures.....................................................................................................85

2. Mandatory Resolution Period........................................................................................................................................................86

3. Hearing and Pre-hearing Procedures...........................................................................................................................................86

III. PROCEDURES FOR RESOLVING DISAGREEMENTS ON MATTERS OF COMPLIANCE....................................................88

A. Internal (District) Complaint Procedures......................................................................................................................................88

B. California Department of Education Complaint Procedures........................................................................................................90

C. California Department of Education Interventions.......................................................................................................................90

D. Resolution of California Department of Education Interventions.................................................................................................91

E. California Department of Education Appeals...............................................................................................................................91

2007 Manual Revisions:

 II. Dispute resolution procedures.

 II. Office of Administrative Hearings contact information.

 III. Complaint procedures and contact information.

I. OVERVIEW

There are two categories of IEP disagreements that may arise between parents and the District. The

first is disagreements over what is appropriate for the student. These are usually disagreements

pertaining to:

• How the student should be assessed and/or the results of assessments.

• What should be in the IEP (e.g., what placement or services the student should receive).

Schools are encouraged to resolve disagreements regarding the content of IEPs at IEP team meetings

and at the school site level whenever possible. If a school cannot resolve a disagreement over what is

appropriate for the student, there are three dispute resolution processes that a parent may choose:

• Informal Dispute Resolution (IDR)

• Mediation Only

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• Due Process Proceedings

The second type of disagreement is a dispute over whether the District has complied with State and

Federal special education laws and regulations. Such as:

• Whether the District has followed the procedural requirements (timelines, notification requirements,

etc.) in state and federal laws and regulations for assessments, IEPs or record requests.

• Whether District procedures are being implemented appropriately.

• Whether a student is receiving the services specified in his or her IEP.

There are three methods for resolving matters relating to compliance. They are:

• Internal District Complaint Procedures.

• California Department of Education (CDE) Complaint Procedures.

• Office of Civil Rights (OCR) complaint procedure (For further information see Serving Students with

Disabilities Under Section 504: A Reference Manual developed by the District’s Educational Equity

Compliance Office.)

II. PROCEDURES FOR RESOLVING DISAGREEMENTS OVER WHAT IS

APPROPRIATE FOR THE STUDENT

At the conclusion of an IEP meeting, if the parent disagrees with the IEP or raises concerns over what

is appropriate for the student, clarify with the parent the areas of agreement and disagreement.

Whenever possible, attempt to work out the disagreement within the IEP process. If it is believed that

an agreement can be reached, decide what steps will be taken to reach an agreement. Document in

Section Q of the IEP the elements of agreement and disagreement, the steps that will be taken by the

school and/or parent to resolve the disagreement as part of the IEP process, and a date for

reconvening the IEP team meeting. Adjourn the IEP team meeting and reconvene the meeting at the

specified date.

If a parent’s concerns over what is appropriate for the student cannot be resolved through the IEP

process, inform the parent of the various dispute resolution options available in the District, i.e.,

Informal Dispute Resolution (“IDR”), Mediation Only, and Due Process Proceedings. Make sure the

parent has a copy of “A Parent’s Guide to Special Education Services (Including Procedural Rights and

Safeguards),” which details the various dispute resolution processes. Also provide the parent with the

IDR pamphlet for his or her consideration. Document on page 10, Section Q, of the IEP the areas of

disagreement and the reason. The four areas are:

• Assessment

• Eligibility

• Instructional Setting

• Specific Instruction and Services

Indicate in Section Q the areas of agreement and disagreement and the elements of the IEP that the

parent consents to being implemented. Note: Unless specified in Section Q, the student will continue to

receive the services, placement and other provisions of the last agreed upon IEP.

After the parent selects a dispute resolution process follow the appropriate procedures for the process

as set forth below.

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A. Informal Dispute Resolution

The District’s Informal Dispute Resolution (IDR) process is an optional process where parents identify

their issues and concerns and the District attempts to work with the parent to quickly and informally

resolve the issues and concerns identified. The process is completed within 20 business days in most

cases. A parent does not have to go through the IDR process before initiating Due Process

Proceedings. However, the IDR process is often a better process for resolving disputes because it is

faster and less formal than Mediation Only and Due Process proceedings. As such, when disputes

arise, school sites should provide parents with the IDR pamphlet and explain the advantages of using

the IDR process.

If a parent selects the IDR process to resolve a disagreement:

1. Check the box on page 10 (parent consent page) of the IEP next to the statement, “I wish to

schedule an informal conference to resolve the issues.”

2. Meet with the parent after the IEP team meeting to complete IDR Form A, “Request for Informal

Dispute Resolution (IDR) Regarding Individualized Education Program (IEP)” (IDR Form A is

Attachment B-1 to Reference Guide 1410.3);

3. After completing IDR Form A sign, and have the parent sign, the form;

4. Fax the completed and signed form to the Due Process Department at (213) 241-8917; and

5. Call the IDR HELPLINE at (213) 241-8135 (this number is for District staff only

);

It is important to complete IDR Form A and call the HELPLINE within one business day after the parent

elects to use IDR as timelines are critical to the IDR process.

The functions of the IDR HELPLINE are to assist school staff in exploring solutions for IEP

disagreements and to determine the appropriate level (e.g., local school, Support Unit, Related

Services Department) and staff to work with the parent to resolve the issues in disagreement.

If it is determined that the IDR will take place at the school level

, 5 business days will be allotted for

school staff to resolve the disputed issues with the parent.

If it is determined that the IDR will take place at the Support Unit or Related Services Department level

10 business days will be allotted for Support Unit or Related Services Department staff to resolve the

disputed issues.

If resolutions are not reached within those timelines, an IDR Specialist will spend the remaining 15 or

10 days respectively attempting to resolve the dispute.

Resolution activity is recorded on “Informal Dispute Resolution Activity – IDR Form B” (A copy of the

Form is Attachment B-2 to Reference Guide 1410.3). This form documents:

1. The parents’ request(s);

2. Their rationale for the request(s);

3. The District’s settlement offer; and

4. Whether the parents accept or reject the District’s offer.

If a resolution is reached at the school site level, the IDR Form B is completed and signed by the

District representative at the school site and the parent. Then, it must be faxed immediately to the Due

Process Department at (213) 241-8917 with a coversheet marked “URGENT.” If the resolution alters

eligibility, placement or services, an IEP team meeting must be held within 30 calendar days to

document the terms of the agreement.

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If resolution is reached at a level other than the school, IDR Form B or other documentation will be sent

to the student’s current school of attendance to inform the administrator/designee of the outcome of the

resolution process. If the documentation indicates that an agreement has been reached, the school

must convene the IEP meeting to implement the resolution, if required by the agreement.

If the IDR process does not result in an agreement between the parties, the IDR Specialist will inform

the parent of the right to initiate due process proceedings.

B. Mediation Only

Mediation Only is an optional state-administered process that parents may choose where a mediator

assigned by the California Office of Administrative Hearings (OAH) assists a parent and the school

district in discussing possible resolutions to their disagreement. The State-assigned mediators are

trained in the mediation process, are not employees of the school district, and do not have a personal

or professional interest in the dispute. At a mediation conference, the mediator facilitates

communication between the parent and the school district so that all perspectives are clarified. The

mediator may also suggest options for resolving the dispute. No attorneys or advocates may

participate in the mediation. In addition, communications exchanged in a mediation conference are

confidential and may not be used in any subsequent due process hearing or civil proceeding. The goal

of the mediation is to reach an agreement on how to resolve the dispute. If the parties reach an

agreement, it will be documented in a settlement agreement and provided to the parent and District for

approval and execution. Once it is executed, a mediation settlement agreement is enforceable under

State and Federal law. If an agreement cannot be reached through the Mediation Only process either

party may request a due process hearing to resolve the disagreement.

Mediation Only can be an effective process when the parties are open to communicating with each

other and finding a mutually agreed upon solution. It is less threatening and costly to the parties than

the due process hearing process described below, since it does not include witnesses, exhibits, cross

examination, attorneys or paid advocates.

If a parent selects the State Mediation Only process to resolve their disagreement:

1. Provide the parent with a “Mediation Only Request Form.” A copy of this form is Attachment C

to Reference Guide 1410.3. The Mediation Only form is also available on the OAH website at

www.oah.dgs.ca.gov

2. Instruct the parent that Mediation Only is initiated by sending a completed Mediation Only

Request Form by mail or fax to:

Office of Administrative Hearings

Attn: Special Education Division

2349 Gateway Oaks Drive, Suite 200

Sacramento, CA 95833-4231

(916) 263-0880

(916) 263-0890 fax

3. Call the Due Process Department at (213) 241-6718 and notify a Due Process administrator

that the parent is filing a request for Mediation Only.

After OAH receives a Mediation Only request, it will schedule a mediation date and time with the parent

and the District’s Due Process Department. A Due Process Specialist will represent the District at the

mediation. In most cases, the Due Process Specialist will obtain information from the

administrator/designee and other IEP team members prior to the mediation. Attorneys and advocates

do not participate in mediations held in the Mediation Only process.

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If a resolution is reached at mediation, the settlement agreement will be sent to the school site. If the

agreement alters eligibility, placement or services, an IEP team meeting must be held by the school site

within 30 calendar days to document the terms of the agreement.

If resolution is not reached, the Due Process Specialist will inform parents of their right to initiate due

process proceedings.

C. Due Process Proceedings

Due Process Proceedings are the most formal option for resolving a disagreement regarding an IEP.

Due Process Proceedings include among other things, a resolution period, an optional pre-hearing

mediation, and a formal hearing with documentary evidence, witness testimony and arguments

presented by each side. Special education laws and regulations set forth specific procedures and

timelines that apply to Due Process Proceedings.

Due process hearings are frequently stressful, time consuming, and costly for both sides. While school

District personnel should never counsel a parent against requesting a due process hearing, it is

important to advise parents of the various options for resolving disagreements, what each option entails

and that utilizing an informal dispute resolution process or mediation does not preclude the parent from

requesting a due process hearing at a later date.

If a parent chooses to initiate due process proceedings:

Provide the parent with a Request for Mediation and Due Process Hearing Form (Attachment D-1 and

D-2 to Reference Guide 1410.3). This complaint form is also available online at www.oah.dgs.ca.gov

Check the box on page 10 (parent consent page) of the IEP next to the statement: “I wish to initiate a

request for a Due Process Hearing and I have been provided with the filing procedures.”

1. Initiation of Due Process Proceedings/Complaint Procedures

To initiate due process proceedings the parent must submit a completed Due Process Hearing Form or

a written due process complaint notice that contains the following information: (1) the name of the child,

(2) the address of the residence of the child, (3) the name of the school the child is attending, (4) a

description of the nature of the problem, and (5) a proposed resolution to the problem to the extent

known and available at the time. The complaint notice is to be submitted to the school of attendance,

with copies sent by mail or facsimile to:

Division of Special Education

Due Process Department

Los Angeles Unified School District

333 South Beaudry Avenue, 17

Floor

Los Angeles, CA 90017

FAX: (213) 241-8917

and to:

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Office of Administrative Hearings

Attn: Special Education Division

2349 Gateway Oaks Drive, Suite 200

Sacramento, CA 95833-4231

(916) 263-0880

(916) 263-0890 fax

Within 15 days of receipt of the complaint notice, the District may file an objection to the complaint

notice on grounds that the complaint notice does not contain the information required by law. If an

objection is filed, the Hearing Office must render a decision on the sufficiency of the notice within 5

days, and notify both parties of the determination.

A parent may amend his or her complaint notice only if: (1) the District consents in writing to such an

amendment and is given the opportunity to resolve the amended issues in a resolution session (i.e., the

resolution periods starts over); or (2) the hearing officer grants permission to an amendment no later

that 5 days before the hearing occurs.

2. Mandatory Resolution Period

The Individuals with Disabilities Education Improvement Act of 2004 (IDEIA), mandates a 30 day

resolution period prior to the commencement of a due process hearing. This resolution period is

intended to give parents and schools expanded opportunities to resolve disagreements in positive and

constructive ways. The resolution period includes the following procedures:

Within 10 days of receipt of the Due Process complaint the District must respond to the complaint in

writing. This response is to be developed by the school site with assistance from the Due

Process Department. The response will include, among other things, an explanation of why the

District proposed or refused to take the action raised in the complaint notice.

Within 15 days of the District’s receipt of the complaint notice, a resolution session will be scheduled

unless the parent and the District agree in writing to waive the meeting or agree to use the mediation

process instead. The resolution session will be held at the school site and will include, at a minimum,

the parent, a District representative who has decision-making authority, and relevant members of the

IEP team as determined by the parent and the District. The District may not have an attorney present

unless the parents have an attorney present.

If a resolution is reached at the resolution session, the parties will execute a legally binding written

settlement agreement that is enforceable in a court of law. Either party may void the agreement within

three business days of the date on which it was signed. If the agreement is not voided within three

business days, the agreement is binding and enforceable in State or federal court.

If a complaint is not resolved to the satisfaction of the parents within 30 days of the date the District

received the complaint notice, a due process hearing may occur and all of the applicable timelines for a

due process hearing shall commence.

3. Hearing and Pre-hearing Procedures

Usually, the parties (parent, District and OAH) agree to a mutually convenient hearing date.

Sometimes the hearing date is assigned by OAH. Prior to the hearing, the parent and the District may

participate in a pre-hearing mediation or settlement conference. At a pre-hearing mediation or

settlement conference, OAH provides an administrative law judge or mediator to assist the parties in

reaching an agreement to resolve the case. A parent may be represented by an attorney or advocate

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at a pre-hearing mediation or settlement conference. A Due Process Specialist and/or an attorney will

represent the District at the mediation or settlement conference. In most cases, the assigned Due

Process Specialist and/or attorney will obtain information about disagreement and the IEP from the

administrator/designee and other IEP team members prior to the mediation or settlement conference.

If a resolution is reached at mediation or at a settlement conference, the settlement agreement will be

sent to the school site. If the agreement alters eligibility, placement or services, an IEP team meeting

must be held by the school site within 30 calendar days to document the terms of the agreement. If

resolution is not reached, the matter will proceed to a due process hearing.

Due process hearings are conducted by administrative law judges (or hearing officers) from OAH.

Procedurally, the hearing is very much like a trial. Each side presents arguments and documents and

witnesses testify and are cross-examined. In addition, hearing officers may question witnesses, have

experts discuss issues with each other, visit placement sites, call witnesses and/or order independent

educational evaluations. The role of a hearing officer is to determine what is appropriate for the student,

consistent with State and Federal law.

The due process hearing must be held and a written decision mailed to all parties within forty-five (45)

days of the expiration of the 30 day resolution period, unless the hearing officer grants an extension of

time at the request of one or all of the parties. In Due Process Proceedings, both the parent and the

District have the following rights:

• A fair and impartial administrative hearing conducted by a person who is knowledgeable of the laws

governing special education and administrative hearings;

• Be informed of the other party’s issues and proposed resolution(s) at least ten (10) calendar days

prior to the hearing;

• Receive notice of attorney representation from the other party at least ten (10) days prior to the

hearing;

• Receive from the other party a copy of all documents to be used by the other party at hearing and a

list of witnesses, indicating their general area of testimony, at least five (5) business days before

the hearing;

• Be accompanied and advised by an attorney and/or individuals who have knowledge about children

with disabilities;

• Present evidence, written arguments, and oral arguments;

• Confront, cross-examine, and require witnesses to be present;

• Receive a written, or at your option, electronic findings of fact and decisions.

In addition, a parent has the right to request that the hearing be open or closed to the public, have your

child present at the hearing, and have an interpreter provided.

After a hearing is concluded the hearing officer will render a decision. Decisions of hearing officers are

binding on all parties, but may be appealed by any party to a State or Federal Court within ninety (90)

days of the final decision. If a parent prevails, he or she may be awarded reasonable attorneys’ fees

either by agreement with the District or by a court. If the District prevails, a court may award the District

its attorneys’ fees against the parent’s attorney if the due process complaint is found to be frivolous,

unreasonable or without foundation. A court may also award the District its attorneys’ fees against the

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parent or the parent’s attorney if the due process complaint was presented or maintained for any

improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of

litigation.

Except for certain alternative educational placements permitted by law, during the due process

proceedings the student will remain in his or her current IEP placement, and will receive the services in

his or her last agreed upon and implemented IEP, unless the parent and the District agree to some

other arrangement. If the disagreement involves an application for initial admission to public school,

the student, with the parent’s consent, will be placed in the public school program until the completion

of all proceedings.

Note:

1. Different hearing procedures apply to disagreements involving disciplinary action (e.g., expulsions).

See Appendix A, Special Education Guidelines, Disciplinary Procedures for Students with Disabilities.

2. If a parent refuses or fails to sign an IEP (in agreement or disagreement) at an IEP team meeting,

make several attempts after the meeting to obtain the parents signature. If these efforts are

unsuccessful, contact your Special Education Support Unit for assistance.

3. If a parent signs an IEP after indicating disagreement with all or part of an IEP but does not initiate

any of the resolution processes contact your Special Education Support Unit for assistance.

III. PROCEDURES FOR RESOLVING DISAGREEMENTS ON MATTERS OF

COMPLIANCE

If a parent believes that the District is not in compliance with State and Federal laws and regulations,

such as failure to implement the IEP, adhere to timelines, or appropriate conduct of an IEP meeting,

he/she may file a complaint with the District or the California Department of Education. Note: If a parent

files a request for due process and a complaint, the due process request will be considered first and

then the complaint.

A. Internal (District) Complaint Procedures

The internal complaint procedure is a District process used to resolve complaints without involving the

State. The District's procedure for filing, investigating, and resolving complaints is required by the

California Education Code to cover the following programs:

1. Adult Basic Education

2. Federal Aid Programs

3. Migrant Education

4. Vocational Education

5. Child Care and Development

6. Child Nutrition

7. Special Education

8. Any other program benefiting from State or Federal funds in which occurs discrimination based on

ethnicity, religion, age, gender (including sexual harassment), sexual orientation, gender identity,

color, physical or mental disability, medical condition, or political belief or affiliation.

These procedures are provided annually to staff, students, parents, and school community groups,

through the District’s Parent Student Handbook and the annual distribution of the District’s Uniform

Complaint Procedures.

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In accordance with the internal complaint procedure, the District must:

1. Identify persons responsible for processing complaints.

2. Protect complainants against retaliation.

3. Ensure confidentiality.

4. Provide the complainant with any assistance needed to prepare the written complaint.

5. Acknowledge receipt of the complaint in writing.

6. Prepare a written report of the investigative finding.

7. Inform the complainant in writing of the right to appeal the decision to the California Department of

Education.

If a parent/guardian or other individual believes that the school has violated Federal or State laws or

regulations governing special education programs, she/he may file a complaint with:

Specially Funded Programs

Compliance and Technical Support Branch

333 South Beaudry Avenue, 16

Floor

Los Angeles, CA 90017

Once the complaint is received:

1. The District has sixty (60) days to investigate and resolve the complaint unless the complainant

agrees to an extension of the timelines.

2. The Compliance and Technical Support Branch refers a written complaint to the appropriate District

office/division within five (5) days.

3. Within five (5) days of receipt, the District office/division acknowledges receipt of the complaint and

reviews it to determine whether it meets the criteria for filing and to refer it to the proper agency.

4. The complainant must receive a copy of District policy and appeal procedures.

5. The complaint must be filed within six (6) months of the alleged violation. The complainant must be

notified if a complaint is denied due to exceeding the time limits. The complainant may file for an

extension of time in which to file the complaint with the State Superintendent of Public Instruction.

6. The District and complainant may participate in mediation to resolve the complaint prior to a formal

investigation. However, the complainant may terminate the mediation process and proceed directly

to an investigation if s/he so chooses.

A complaint is resolved in the following manner:

1. The complainant and/or the complainant's representative and the District's representative present

information to the investigator relative to the complaint.

2. Witnesses to the alleged violation or others who can provide relevant information concerning the

alleged violation may give statements.

3. Documents that may provide relevant information are reviewed.

4. A written report of the investigative findings and corrective actions, if appropriate, suggested

resolutions and a rationale for the findings is provided.

5. The party filing the complaint will receive a written decision regarding the complaint.

a. If she/he disagrees with the resolution of the complaint, an appeal of the decision may be made

within fifteen (15) days of receiving the District's decision to the California Department of

Education. If the complaint alleges disability-based discrimination, it may be appealed to the

District’s Educational Equity Compliance Office.

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b. The appeal must be in writing and include a copy of the original complaint and the District's

decision.

c. In addition to the right to appeal, the complainant may also pursue civil law remedies including

injunctions, restraining orders, or other court orders.

Assistance in filing a complaint is available by calling the Compliance and Technical Support Branch at

(213) 241-6990.

B. California Department of Education Complaint Procedures

A special education complaint may be filed directly with the California Department of Education (CDE).

Procedures for filing a CDE complaint are as follows:

1. A written and signed complaint is sent to:

Procedural Safeguards Referral Service

Special Education Division

California Department of Education

1430 N. Street, Suite 2401

Sacramento, CA 95814-5901

2. The State informs the District upon receipt of the complaint. The District has ten (10) days to

resolve the complaint locally and report back to the California Department of Education.

3. If the District does not locally resolve the complaint within the ten (10) day period, the California

Department of Education begins an investigation on the eleventh (11) day. The District, however,

continues its investigation and attempts to resolve the issue locally.

4. The California Department of Education (CDE) must resolve the complaint within sixty (60) days.

a. The CDE will review all relevant information and make an independent determination about the

alleged violations.

b. An on-site investigation may be conducted if necessary and a written decision to the

complainant will be issued that addresses each allegation.

c. The CDE provides procedures for the effective implementation of final decisions, including

technical assistance, negotiations, and corrective actions.

d. Thirty (30) days after the time line for corrective action, the CDE contacts the complainant to

confirm that the complaint has been resolved.

5. If a State complaint is also the subject of a due process hearing or contains issues which are part of

a hearing, the State may set aside any part of the complaint that is related to the hearing until the

conclusion of the hearing.

6. If a complaint involves an issue that was previously decided in a hearing, the hearing decision is

binding and the State need not proceed with an investigation.

Additional information regarding the filing of a State complaint may be accessed by calling the

Procedural Safeguards Referral Service at 1-800-926-0648.

C. California Department of Education Interventions

The California Department of Education will directly intervene without waiting for District action if one of

the following conditions exists:

1. The complaint involves a violation of the Individuals with Disabilities Education Act (IDEA).

2. The complainant alleges that a child is not receiving the special education or related services

specified in his/her IEP.

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3. The complainant alleges that the District failed or refused to comply with Federal/State due process

procedures, or failed or refused to implement a due process hearing order.

4. The complainant alleges that the District failed or refused to implement the final decision resulting

from its local investigation or local mediation procedures.

5. A public agency, other than the school district, fails or refuses to comply with a law or regulation

relating to the provision of a free, appropriate public education to individuals with disabilities.

6. The complainant alleges, and the CDE verifies, that the District failed to comply with the Uniform

Complaint Procedure.

7. The complainant alleges and the CDE verifies, or the CDE has information, that no action has been

taken by the District within 10 days of the date the complaint was filed locally.

8. The District refuses to respond to the CDE's request for information regarding a complaint.

9. The complainant alleges and the facts indicate that the complainant will suffer an immediate loss of

some benefit such as employment or education if the CDE does not intervene.

10. The complainant requests anonymity and presents clear and convincing evidence, and the CDE

verifies that she/he would be in danger of retaliation if a complaint were filed with the District, or the

complainant has been retaliated against in past or present complaints.

D. Resolution of California Department of Education Interventions

The California Department of Education uses the following procedures to resolve the complaint:

1. Mediates the dispute within 30 days unless the District and the complainant agree to an extension.

2. Conducts an on-site investigation if either the District or complainant waives the mediation process

or the mediation fails to resolve the issues.

3. Develops an investigation report which includes the CDE's conclusions, the right to appeal, and, if

applicable, recommended and/or corrective actions and corrective action timelines.

4. Mails the investigation report to the District and the complainant within 60 days from the date of

receipt of the request for direct State intervention or an appeal of a District decision.

E. California Department of Education Appeals

If a complainant disagrees with a decision rendered by the California Department of Education, she/he

may appeal the decision. Appeals should be sent to:

California Department of Education

Legal Division – Fifth Floor

1430 N. Street

Sacramento, CA 95814

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PART III:

ENSURING THE RIGHTS

OF INDIVIDUALS WITH

DISABILITIES

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PART III

CHAPTER 1:

SECTION 504 OF THE

REHABILITATION ACT

OF 1973

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ENSURING THE RIGHTS OF INDIVIDUALS WITH DISABILITIES

PART III: CHAPTER 1

ECTION 504 OF THE

REHABILITATION ACT OF 1973

PURPOSE

The purpose of this guideline is to provide information regarding students who may meet the eligibility

criteria under Section 504 of the Rehabilitation Act of 1973.

FOR FURTHER ASSISTANCE: Please call the Local District Section 504 Designee or District’s

Section 504 Coordinator at (213) 241-7682.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY.............................................................................................................98

II. SECTION 504 POLICES AND PROCEDURES..........................................................................................................................98

2007 Manual Revisions:

 II. Annual distribution of 504 brochure.

BACKGROUND

Section 504 of the Rehabilitation Act of 1973 (Section 504) is a Federal civil rights statute that prohibits

discrimination/ harassment on the basis of a disability in any program or activity receiving Federal

financial assistance.

Section 504 protects students with a mental or physical disability from discrimination/harassment.

Students are also protected from discrimination /harassment under the law if they have a record of a

disability or are regarded as having a disability but in fact are not currently disabled.

A student with a disability under Section 504 means any student who:

• Has a mental or physical disability, which substantially limits one or more of the student’s major life

activities. Note: Major life activities include functions such as caring for one’s self, performing

manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. A major life

activity is substantially limited when the student is unable to perform an activity that an average

student is able to perform.

• Has a record of such a disability; or

• Is regarded as having such a disability.

For students who have a mental or physical disability which substantially limits one or more of the

student’s major life activities under Section 504, the school must ensure access to the programs,

services, and activities that are available to nondisabled students, and provide the accommodations

that the student requires to access their education. This is done through a Section 504 evaluation

conducted by a team of individuals who are knowledgeable about the student, and/or the data gathered

from the evaluation of the student.

Section 504 sets forth evaluation procedures to determine eligibility, to develop an accommodations

plan, and to provide procedural protections. It also protects individuals with disabilities from

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harassment. Harassment is unwelcome physical, verbal/non-verbal, or visual conduct that is severe or

pervasive, that unreasonably disrupts an individual’s educational or work environment, or that creates a

hostile educational or work environment. (See Part III Chapter 3, Prevention and Elimination of Hostile

Environments.)

It is important to note that that any student eligible for special education and related services is also

protected from discrimination under Section 504, but that not all students who are eligible under Section

504 meet the eligibility requirements for special education and related services. A student who is

suspected of requiring special education and related services should be referred for a special education

assessment as described in Part II Chapter 1. If an IEP team finds the student is not eligible for special

education, but suspects the student has a disability, it may refer the student for the Section 504

evaluation process.

Compliance with Section 504 is the responsibility of all school personnel and the operational

responsibility of the general education program.

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

The Los Angeles Unified School District is committed to providing a working and learning environment

that is free of discrimination/harassment. The District affirms that no qualified student with a disability

shall, on the basis of that disability, be excluded from participation in, be denied the benefits of, or

otherwise be subjected to discrimination/harassment under any District program or activity. Disability-

based harassment is a form of discrimination under both Federal and State law that may result in a

denial of FAPE to the student or the denial of an equal opportunity to an education or a free appropriate

public education (FAPE).

II. SECTION 504 POLICES AND PROCEDURES

Policies, procedures and forms for implementing Section 504 in schools can be found in the current

bulletin, Section 504 and Students with Disabilities developed by the District’s Educational Equity

Compliance Office.

Additional information is contained in Serving Students with Disabilities Under Section 504: A

Reference Manual developed by and available from the District’s Educational Equity Compliance Office

and the District’s website.

The Manual includes:

• Background information

• Legal definitions

• Child find requirements

• Referral procedures

• Procedures for conducting a Section 504 meeting

• Discipline procedures

• Facility accessibility requirements

• Complaint and dispute resolution procedures

• Parent/guardian procedural safeguards

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• Forms

• Examples of student Section 504 plans

• Checklists and recommended practices

• Data entry procedures

• Other District resources

Each school site must distribute the District’s brochure, Section 504 and Students with Disabilities, to all

parents of students enrolled in the school on an annual basis. The distribution is to be coordinated with

the Parent/Student Handbook and the distribution of the Are You Puzzled by Your Child’s Special

Needs? brochure.

All service providers/responsible personnel are to be given a legible copy of the Section 504 Plan

developed for any student in the class or classes they will be teaching prior to commencement of the

class. In addition, the Section 504 Plan should be included in the sub folder provided by each teacher.

Schools must complete the Section 504 data field(s) in the elementary and secondary student

information systems (SIS) for all students with a Section 504 Plan.

Technical assistance for Section 504 compliance is available from the Local District Section 504

Designee and the District’s Educational Equity Compliance Office.

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PART III

CHAPTER 2:

THE AMERICANS WITH

DISABILITIES ACT

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ENSURING THE RIGHTS OF INDIVIDUALS WITH DISABILITIES

PART III: CHAPTER 2

MERICANS WITH DISABILITIES ACT

PURPOSE

The purpose of these guidelines is to provide Individualized Education Program (IEP) teams with

information regarding the Americans with Disabilities Act.

FOR FURTHER INFORMATION: Please contact the Special Education Support Unit Administrator or

the Educational Compliance Office.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY............................................................................................................103

In 1990, the Americans with Disabilities Act (ADA) became Federal law. ADA prohibits discrimination

against individuals with disabilities. While comparable to Section 504, ADA expands protections beyond

agencies receiving Federal assistance to all State and local governments and “public

accommodations”. Public accommodations include private businesses that serve the public and private

schools. This does not include private religious educational institutions.

ADA requires that public agencies, including school districts, conduct a self-evaluation of their policies

and practices to determine whether they discriminate against individuals with disabilities and the steps

necessary to correct the problems identified. Agencies employing more than 50 people are required to

make the self- evaluation available to the public for inspection.

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

The District’s policies and procedures for compliance with Section 504 of the Rehabilitation Act of 1973

as described in Part III, Chapter 1 and detailed in Serving Students with Disabilities Under Section 504:

A Reference Manual and in the current bulletin, Section 504 and Students with Disabilities constitutes

the policies and procedures that school staff should follow for compliance with ADA.

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PART III

CHAPTER 3:

PREVENTION AND

ELIMINATION OF

HOSTILE ENVIRONMENTS

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ENSURING THE RIGHTS OF INDIVIDUALS WITH DISABILITIES

PART III: CHAPTER 3

REVENTION AND ELIMINATION OF

HOSTILE ENVIRONMENTS

PURPOSE

These guidelines have been developed to assist in understanding issues regarding the prevention and

elimination of hostile environments.

FOR FURTHER ASSISTANCE: Please contact the Local District Section 504 Designee or the

Educational Equity Compliance Office.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY...........................................................................................................107

II. QUESTIONS AND ANSWERS.................................................................................................................................................108

2007 Manual Revisions:

 II. Annual distribution of 504 brochure.

 II. Distribution of Title IX and Nondiscrimination brochure.

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

The Los Angeles Unified School District is committed to providing a working and learning environment

that is free from discrimination and harassment based on an individual’s sex, sexual orientation,

gender, ethnic group identification, race, ancestry, national origin, religion, color or mental or physical

disability, or any other basis protected by Federal, State, local law, ordinance, or regulation.

Harassment under Title IX (sex), Title VI (race, color, or national origin), and Section 504 and Title II of

the ADA (mental or physical disability) is a form of unlawful discrimination that will not be tolerated by

the District. Harassment is intimidation or abusive behavior toward a student/employee that creates a

hostile environment, and can result in disciplinary action against the offending student or employee.

Harassing conduct can take many forms, including verbal acts and name calling, graphic and written

statements, or conduct that is physically threatening or humiliating.

This nondiscrimination policy covers admission or access to, or treatment or employment in, District

programs and activities, including vocational education. The lack of English language skills will not be a

barrier to admission to or participation in District programs or activities.

Additional information prohibiting other forms of unlawful discrimination/harassment, inappropriate

behavior, and/or hate crimes may be found in other District policies that are available in all schools and

offices. It is the intent of the District that all such policies be read consistently to provide the highest

level of protection from unlawful discrimination in the provision of educational services and

opportunities.

All employees will conduct themselves in the course of their employment by word, gesture, act and

demeanor so as to ensure that all students will be accorded just and equitable regard and treatment.

Discrimination/harassment in any form toward students on the basis of their disabilities is unacceptable,

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unethical, and shall not be tolerated. Any violation of this policy will be investigated and subject to

disciplinary action.

All Divisions, Offices, and Branches in the District have distinct responsibilities in enforcing this policy

as directed by the Board of Education and the Superintendent.

Executive staff, administrators, all Divisions, Local Districts, and local school-site administrators shall

be held accountable for enforcing this policy.

The District prohibits retaliation against anyone who files a complaint or who participates in a complaint

investigation. Any inquiries regarding this District nondiscrimination policy or the filing of

discrimination/harassment complaints may be directed to:

Director

Educational Equity Compliance Office

Los Angeles Unified School District

333 South Beaudry Avenue, 20

floor

Los Angeles, CA 90017

(213) 241-7682

II. QUESTIONS AND ANSWERS

1. What constitutes discrimination/harassment against a student with disabilities? Disability-

based harassment under Section 504 and Title II of the ADA is intimidation or abusive behavior

toward a student based on disability that creates a hostile environment by interfering with or

denying a student’s participation in or receipt of benefits, services or opportunities in the District’s

programs and activities. Harassing conduct may take many forms, including verbal acts and name-

calling, as well as nonverbal behavior, such as graphic and written statements, or conduct that is

physically threatening, harmful or humiliating. In order to rise to the level of unlawful discrimination,

the conduct must be unwelcome, severe or pervasive, and unreasonably disruptive of an

individual’s educational or work environment, or must create a hostile educational or work

environment. Examples of harassment include but are not limited to:

• Several students continually remark out loud to other students during class that a student with

dyslexia is “retarded” or “deaf and dumb” and does not belong in the class: as a result, the

harassed student has difficulty doing work in class and her grades decline.

• A student repeatedly places furniture or other objects in the path of classmates who use

wheelchairs, impeding the classmates’ ability to enter the classroom.

• A teacher subjects a student to inappropriate physical restraints because of conduct related to

his disability; with the result that the student tries to avoid school through increased absences.

• A school administrator repeatedly denies a student with a disability access to lunch, field trips,

assemblies and extracurricular activities as punishment for taking time off from school for

required services related to the student’s disability.

• A teacher repeatedly belittles and criticizes a student with a disability for using

accommodations in class, with the result that she has great difficulty performing in class and

learning.

• Students continually taunt or belittle a student with mental retardation by mocking and

intimidating him so he does not participate in class.

• A person seeking to involve a student with disabilities in antisocial, dangerous or criminal

activity in which the student, because of disability, is unable to comprehend fully or consent to

the activity.

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2. What information about the District’s policy and procedures regarding the harassment of

students with disabilities should be provided to students, parents and staff? The District’s

policy on discrimination/harassment is published on an annual basis and distributed to all schools

and offices. It is also contained in the LAUSD ParentStudent Handbook, which must be provided

annually to all students and parents. In addition, the District’s brochure Section 504 and Students

with Disabilities, includes information regarding harassment and the process for filing a complaint

and must be disseminated annually. Copies of the brochure should be maintained and easily

accessible at school sites and provided to students with disabilities, their parents and staff. It is the

responsibility of the school principal to ensure that staff and students understand their

responsibilities regarding harassment. For further information see the current policy bulletin

developed by the District’s Educational Equity Compliance Office.

3. What if a staff member observes or is aware that a student with disabilities is being

harassed? All instances of disability-based discrimination/harassment must be reported to the site

administrator, unless the harasser is the site administrator. In that case the complaint may be filed

with the Local District 504 Designee.

4. How does a student or staff member report a claim of harassment? Complaints may be either

informal or formal. An informal complaint is to be made to the school site administrator. All such

complaints must be investigated and resolved. After a decision is rendered the complainant may

also appeal the decision to the Local District Section 504 Designee, who will investigate the

complaint and render a finding and corrective action if necessary. A formal complaint is made

directly to the Local District Section 504 Designee, who will investigate the complaint and render a

finding and corrective action if necessary. If the complainant is dissatisfied an appeal may be sent

to the Educational Equity Compliance Office within 15 days of receipt of the Local District Decision.

Formal complaints must be in writing and should be on the District’s Section 504 Complaint Form or

the District’s Uniform Complaint Procedures Form. When needed, assistance should be provided in

completing the form.

5. If an individual wishes to file a complaint how should they be advised? Provide them with the

District’s policy and procedures for filing a complaint and answer any questions they may have.

Explain the difference between an informal and formal complaint. Advise and assure them that

confidentiality of the facts will be observed to the maximum extent possible and that the District

prohibits retaliation against anyone who reports harassment in the complaint process. Describe the

steps that will be taken to investigate the complaint:

• An impartial investigation will occur.

• Information will be collected that is relevant to the complaint.

• Statements will be taken from witnesses and others who can provide information regarding the

alleged violation.

• Relevant documents will be reviewed.

• All parties to the complaint will be provided notice of the outcome.

6. What is a hostile environment? Harassment of students that is so severe, pervasive and

objectively offensive and so undermines and detracts from the victim’s educational experience that

the victim student is effectively denied equal access to a school’s programs and activities.

7. What can be done at the school to prevent harassment and hostile environments? The

following are actions that schools should implement:

• Ensure that students and staff understand that all forms of harassment are unacceptable and

will not be tolerated.

• Provide secondary students with the Title IX and Nondiscrimination brochures.

Page 110 of 358

• Ensure that students and staff understand what actions constitute harassment and the

consequences for those actions.

• Ensure that students and staff are knowledgeable about the District’s policy and procedures

regarding harassment.

• Encourage students, parents, and staff to discuss harassment and report it when it occurs.

• Create a campus environment that is understanding, accepting and sensitive to students with

disabilities.

• Provide training for staff and students to recognize and handle potential harassment.

• Provide counseling to persons who have been harmed by harassment and those who have

been responsible for the harassment of others.

• Monitor the resolution of issues of harassment.

• Assess the effectiveness and, when appropriate, modify the schools efforts to prevent

harassment.

Page 111 of 358

PART IV:

SOURCES OF SUPPORT

AND ASSISTANCE

Page 112 of 358

Page 113 of 358

PART IV

CHAPTER 1:

LOS ANGELES UNIFIED

SCHOOL DISTRICT

Page 114 of 358

Page 115 of 358

PART IV: CHAPTER 1 – LOS ANGELES UNIFIED SCHOOL DISTRICT

OURCES OF SUPPORT AND

ASSISTANCE

Division of Special Education

333 S. Beaudry

Los Angeles, CA 90017

Offices Telephone Fax

Administration and Support, 17

Floor (213) 241-6701 (213) 241-8915

Behavior Support/LRE, 17

Floor (213) 241-8051 (213) 241-8916

Charter Schools/Private Schools, 17

Floor (213) 241-6701 (213) 241-8915

Compliance, 17

Floor (213) 241-3335 (213) 241-8499

Due Process, 17

Floor (213) 241-6718 (213) 241-8917

Due Process Helpline, 17

Floor (213) 241-5420 (213) 241-8917

Fiscal/Accountability,17

Floor (213) 241-6708 (213) 241-8923

Infant/Preschool, 16

Floor (213) 241-4713 (213) 241-8932

Instructional Initiatives/LRE, 17

Floor (213) 241-8051 (213) 241-8916

Audiological Resource Unit, 16

Floor (213) 241-8053 (213) 241-8433

Autism Support, 17

Floor (213) 241-8051 (213) 241-8916

Deaf/Hard of Hearing, 16

Floor (213) 241-8053 (213) 241-8433

Emotional Disturbance Program 17

Floor (213) 241-8051 (213) 241-8916

Inclusion Facilitators, 17

Fl. (213) 241-8051 (213) 241-8916

LRE Counselors Program, 17

Fl., 17

Fl. (213) 241-8051 (213) 241-8916

Orthopedic Program Support, 17

Floor (213) 241-8051 (213) 241-8916

Visual Impairment Itinerant Program (323) 464-5052 (323) 466-2583

Nonpublic Services, 17

Floor (213) 241-3373 (213) 241-8431

Parent/Community Liaison, 17

Floor (213) 241-6701 (213) 241-8915

Parent Resource Network/ 1-800-933-8133 (213) 241-7550

Complaint Response Unit, 17

Floor

Policies/Procedures, MCD Monitoring, 17

Floor (213) 241-6701 (213) 241-8915

Professional Development 17

, Floor (213) 241-8051 (213) 241-8916

Program Accountability, 17

Floor (213) 241-6701 (213) 241-8915

Psychological Services, 17

Floor (213) 241-8303 (213) 241-8916

Related Services, 16

Floor (213) 241-3325 (213) 241-8437

Adapted Physical Education, 16

Floor (213) 241-8052 (213) 241-8434

Assistive Technology, 16

Floor (213) 241-8055 (213) 241-8433

Occupational Therapy, 16 Floor (213) 241-8054 (213) 241-8435

Physical Therapy, 16

Floor (213) 241-8054 (213) 241-8435

Speech and Language, 16

Floor (213) 241-3333 (213) 241-8432

SELPA/Special Education Legislation/ (213) 241-6701 (213) 241-6842

Parent-Community Support, 17

Floor

Transition Services, 17

Floor (213) 241-8050 (213) 241-4185

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Special Education Support Units

Telephone Fax

Support Unit-North (818) 256-2800 (818) 894-9236

(Supporting Local Districts 1 and 2)

8550 Balboa Boulevard #150 Lobby 4

Northridge, CA 91325

Support Unit-Central/West (323) 421-2950 (323) 291-1624

(Supporting Local Districts 3 and 7)

3741 S. La Brea Avenue

Los Angeles, CA 90016

Support Unit-East (323) 932-2155 (323) 934-5863

(Supporting Local Districts 4 and 5)

4201 Wilshire Boulevard, Suite 200

Los Angeles, CA 90010

Support Unit-South (310) 354-3431 (310) 769-4984

(Supporting Local Districts 6 and 8)

1208 Magnolia Avenue

Gardena, CA 90247

Parent Organizations

Special Education Community Advisory (213) 241-6701 (213) 241-8915

Committee

Special Education Multicultural Advisory (213) 241-6701 (213) 241-8915

Committee

Educational Equity Compliance Office (213) 241-7682 (213) 241-3312

333 S. Beaudry, 20

Floor

Los Angeles, CA 90017

Welligent IEP Support (213) 241-4174 (213) 241-8455

333 S. Beaudry, 21

Floor

Los Angeles, CA 90017

ITD Service Desk (213) 241-5200

Passwords and Technical Support

333 S. Beaudry,10

Floor

Los Angeles, CA 90017

(To contact Welligent Service Tracking:

when prompted, go to Option 5 followed

by Option 6)

Page 117 of 358

PART IV

CHAPTER 2:

COMMUNITY

Page 118 of 358

Page 119 of 358

PART IV: CHAPTER 2 – COMMUNITY

OURCES OF SUPPORT AND

ASSISTANCE

Regional Centers

There are 21 Regional Centers in California. Regional Centers are nonprofit private corporations

that have offices throughout California to provide a local resource to help find and access the

many services available to individuals with developmental disabilities and their families. Los

Angeles County is divided into seven areas, each served by a Regional Center. Families in the

Los Angeles Unified School District are served by six of the seven area Regional Centers.

Agency Telephone Fax

Eastern Los Angeles Regional Center (626) 299-4700 (626) 281-1163

1000 South Fremont

P.O. Box 7916

Alhambra, CA 91802

Frank D. Lanterman Regional Center (213) 383-1300 (213) 383-6526

3303 Wilshire Boulevard, Suite 700

Los Angeles, CA 90010

Harbor Regional Center (310) 540-1711 (310) 540-9538

21231 Hawthorne Boulevard

P.O. Box 2930

Torrance, CA 90503

North Los Angeles County Regional Center (818) 778-1900 (818) 756-6140

15400 Sherman Way, Suite 170

Van Nuys, CA 91406

South Central Los Angeles Regional Center (213) 763-7000 (213) 744-8488

650 West Adams Boulevard

Los Angeles, CA 90007

Westside Regional Center (310) 258-4000 (310) 649-1024

5901 Green Valley Circle, Suite 320

Culver City, CA 90230

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Health Department

The Los Angeles County Department of Health Services (DHS) is the second largest public

health system in the nation providing direct patient care and public health services for its 10

million county residents.

The Children’s Health and Disability Prevention Program (CHDP) is a preventative health

program serving California’s children and youth. CHDP makes early health care available to

children and youth with health problems as well as to those who seem well. Eligible children and

youth receive periodic preventative health assessments. Children and youth with suspected

problems are then referred for diagnosis and treatment.

California Children’s Services (CCS) is part of a Statewide program established to assist parents

with medical care and rehabilitation services. The medical therapy program began in 1945 in

cooperation the Department of Education. Medical Therapy Units (MTUs) are located

throughout Los Angeles County within public schools.

Agency Telephone Fax

Los Angeles County Department of Health (800) 993-2437 (626) 569-9350

9320 Telstar Avenue CHDP CHDP

Suite 226 (626) 569-6600 (800) 924-1154

El Monte, CA 91731 CCS CCS

www.lapublichealth

.org (800) 288-4584

CCS

Field Offices:

12502 Van Nuys Boulevard (818) 834-3380 (818) 834-3380

Room 116 CHDP CHDP

Pacoima, CA 91331

12012 South Compton Avenue (310) 668-5141 (310) 223-0090

Room I-220 CHDP CHDP

Los Angeles, CA 90059

Page 121 of 358

Social Services

The Los Angeles County Department of Children and Family Services provides, with community

partners, a comprehensive child protection system of prevention, preservation, and permanency to

ensure that children grow up safe, physically and emotionally healthy, educated, and in permanent

homes.

The Los Angeles County Department of Public Social Services works in partnership with the community

to implement welfare reform in Los Angeles County, deliver temporary financial assistance to needy

families and individuals, and provide customized services and employment programs.

The Los Angeles County Department of Mental Health enables persons experiencing severe and

disabling mental illnesses and children with serious emotional disturbances to access treatment and

support services.

Agency Telephone Fax

Los Angeles County Department of (213) 351-5600 (213) 427-6125

Children and Family Services

425 Shatto Place

Los Angeles, CA 90020

Los Angeles County Department of (562) 908-8400 (562) 908-0459

Public Social Services

Administrative Headquarters

12860 Crossroads Parkway South

Industry, CA 91746

Los Angeles County Mental Health (213) 351-5220 (213) 736-5804

550 South Vermont, 3

Floor (800) 854-7771 (562) 868-3749

Los Angeles, CA 90020

www.dmh

.co.la.ca.us

Page 122 of 358

Page 123 of 358

PART V:

SOURCES OF

INFORMATION ON

THE WEB

AND

PUBLICATIONS

Page 124 of 358

Page 125 of 358

PART V

OURCES OF INFORMATION ON THE

WEB AND PUBLICATIONS

NATIONAL WEBSITES

ABLEDATA: www.abledata.com

Provides information on assistive technology and rehabilitation equipment available from domestic and

international sources.

ADA Home Page: www.ada.gov

U.S. Department of Justice’s website providing information and technical assistance regarding the

Americans with Disabilities Act.

Assistive Technology Training Online Project: www.atto.buffalo.edu

Provides information on assistive technology for students with disabilities in elementary classrooms.

Behavior Home Page: www.state.ky.us/agencies/behave/homepage.html

A website of the Kentucky Department of Education that allows school personnel and parents to access

information and share effective practices concerning behavior problems.

Center for Applied Special Technology (CAST): www.cast.org

Provides information on universal design for learning, accessing the general curriculum and

instructional software and technology for students with disabilities and other students with special

instructional needs.

Center for Effective Collaboration and Practice (CECP): www.air.org/cecp

Provides information regarding the education of students with emotional and behavioral problems.

Consortium for Appropriate Dispute Resolution in Special Education (CADRE):

www.directionservice.org/cadre

Provides information and training on mediation and other collaborative strategies to resolve

disagreements about special education and early intervention.

Children and Adults with Attention-Deficit/Hyperactivity Disorder (CHADD): www.chadd.org

A national membership organization website providing information on students with ADHD.

Council of Administrators of Special Education (CASE): www.casecec.org

An international membership organization website concerning the administration of special education

programs.

Council for Exceptional Children (CEC): www.cec.sped.org

An international membership organization website providing information about the education of

students with disabilities and students with gifts and talents, links to other special education web

sources, and special education publications.

DisabilityInfo.gov: www.disabilityinfo.gov

The Federal Government’s comprehensive website of disability related government resources.

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Division on Career Development and Transition (DCDT): www.dcdt.org

An international membership organization website providing information and links to resources on

career education and transition services for students with disabilities.

Division for Early Childhood (DEC): www.dec-sped.org

An international membership organization website providing information on preschool and early

intervention services for children with disabilities birth through age eight.

Educational Resources Information Center (ERIC): www.eric.ed.gov

A national clearinghouse providing access to education literature, information, and resources.

Education Resources Organizations Directory: http://wdcrobcolp01.ed.gov/Programs/EROD

The U.S. Department of Education’s directory of 4,000 organizations that provide information and

assistance on a broad range of education related topics. Allows for customized searches by topic and

state.

IDEAPractices: www.ideapractices.org

The website of a consortium of administrator, parent, policy maker, and professional organizations

providing information about IDEA and its implementation.

National Center for Learning Disabilities (NCLD): www.ncld.org

Provides fact sheets and other information about learning disabilities.

National Clearinghouse for Professions in Special Education (NCPSE): www.special-ed-careers.org

Provides information regarding the recruitment, preparation, and retention of special education and

related services professionals.

National Clearinghouse on Postsecondary Education for Individuals with Disabilities (HEATH):

www.heath.gwu.edu

Provides information regarding higher education for students with disabilities and financial resources.

National Dissemination Center for Children with Disabilities (NICHY): www.nichcy.org

Provides information regarding IDEA, NCLB, and research based educational practices.

National Library Service for the Blind and Physically Handicapped (NLS): www.loc.gov/nls

Operated by the Library of Congress, this network of cooperating libraries provides Braille and audio

materials to eligible borrowers.

Office for Civil Rights (OCR): www.ed.gov/about/offices/list/ocr

U.S. Department of Education’s Office for Civil Rights’ website providing information on Section 504 of

the Rehabilitation Act and other civil rights statutes.

Office of Special Education and Rehabilitative Services (OSERS): www.ed.gov/about/offices/list/osers

U.S. Department of Education’s Office of Special Education and Rehabilitative Services’ website

providing access to information from the Office of Special Education Programs (OSEP), the

Rehabilitation Services Administration (RSA), and the National Institute on Disability and Rehabilitation

Research (NIDDR).

Recording for the Blind and Dyslexic (RFB&D): www.rfbd.org

Provides access to audiobooks for individuals with print disabilities.

Special Needs Software: www.educational-software-directory.net/special-needs

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A directory and link to providers of software for teaching students with disabilities and operating special

education programs

TeachingLD: www.teachingld.org

;

Provides information and resources regarding the education of students with learning disabilities.

Urban Special Education Leadership Collaborative: main.edc.org

Provides information regarding the provision of special education services in urban school districts.

Western Regional Resource Center (WRRC): http://interact.uoregon.edu/wrrc/wrrc.html

Provides information and technical assistance on the education of students with disabilities to the

States of Alaska, California, Hawaii, Idaho, Nevada, Oregon, and Washington and the U.S. Territories

in the Pacific. Provides links to other web resources.

CALIFORNIA WEBSITES

California Department of Developmental Services (DDS): www.dds.cahwnet.gov

California Department of Developmental Services’ website providing information about services and

supports to children and adults with developmental disabilities, including information regarding regional

centers.

California Department of Education/Special Education Division: www.cde.ca.gov/sp/se

California Department of Education’s website providing information about California special education

policies, procedures and resources. Includes links to California and national special education related

websites including organizations providing supports and services to families of children with disabilities.

California Department of Mental Health: www.dmh.cahwnet.gov

California Department of Mental Health’s website providing information about mental health services.

California Department of Rehabilitation: www.rehab.cahwnet.gov

California Department of Rehabilitation’s website providing information regarding training and

employment for individuals with disability, agency services, and links to disability resources.

California Association of Resource Specialists (CARS+): www.carsplus.org

A California membership organization’s website providing information for special education teachers.

California Services for Technical Assistance and Training (CalSTAT): www.calstat.org

Provides technical assistance, training, information, and publications related to the education of

students with disabilities.

Clearinghouse for Specialized Media and Technology (CSMT): www.cde.ca.gov/re/pn/sm/index.asp

This unit of the California Department of Education produces accessible versions of State adopted

textbooks, workbooks, and literature books. Information about its services and links to other information

regarding individuals with visual impairments is provided.

LOS ANGELES COUNTY WEBSITES

Department on Disability: www.lacity.org/DOD

This City of Los Angeles agency’s website provides information regarding accessibility to programs,

facilities, and services in the City and a calendar of special events.

Exceptional Children’s Foundation (ECF): www.ecf-la.org

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A charitable organization providing Early Start, employment, residential, and recreational services to

children and adults with developmental disabilities and brain injuries.

Fiesta Educativa: www.fiestaeducativa.org

An organization providing information and assistance to Latino families in obtaining services and caring

for their children with disabilities.

Greater Los Angeles Council on Deafness (GLAD): www.gladinc.org

An organization providing services to the deaf and hard of hearing community. The website provides

information about services, publications and events.

Los Angeles County Department of Mental Health: http://dmh.co.la.ca.us

Provides information about mental health services available in the County.

Los Angeles County Office of Education (LACOE): www.lacoe.edu

Provides information about special education and other programs and services provided by LACOE.

Los Angeles Unified School District/Division of Special Education; http://sped.lausd.net

Provides information about the District’s special education programs, policies and procedures,

publications, forms and other resources.

Los Angeles Unified School District/Division of Special Education/District Office of Transition Services:

www.lausd.k12.ca.us/lausd/offices/speced/dots

Provides information about transition services in the District and links to other transition information

sources.

PERIODICALS

Journal of Special Education Leadership: Published twice a year, providing articles on issues related to

the administration of special education. Subscription information available from the Council of

Administrators of Special Education at (800) 585-1753.

Special Edge Newsletter: Free quarterly newsletter published by CalSTAT providing special education

policy and practice information for California educators. Subscriptions available on line at

www.calstat.org/specialEdge.html

The Special Educator: A biweekly newsletter on policy and practice issues in special education.

Published by LRP Publications. Subscription information available at www.lrp.com/store

TEACHING Exceptional Children: A six issue per year journal providing articles on practices for

teaching students with disabilities. Subscription information available at www.cec.sped.org

BOOKS AND REPORTS

California Department of Education Publications: Online reports, guidelines, and other products

pertaining to special education in California. Available at www.cde.ca.gov/sp/se/sr

California Special Education Programs: A Composite of Laws: Published annually by the Special

Education Division of the California Department of Education. Contains all California laws and

regulations pertaining to the education of children with disabilities. Includes an extensive topical index.

Ordering information available at 800-995-4099.

Handbook on Goals and Objectives Related to Essential State of California Content Standards:

Developed by the California Association of Resource Specialists and the Association of California

Page 129 of 358

School Administrators. Adopted by the District to guide the development of IEP goals and objectives for

students who are accessing the general curriculum. Available online and hard copy at

www.carsplus.org

. Hard copy is also available from ACSA at www.acsa.org or at 916-444-3216.

What Do I Do When…The Answer Book on Special Education Law (Third Addition), Susan Gorn

author. Published by LRP Publications. Using a question and answer format, the book covers most of

the specials education issues faced by schools and school districts. The answers are based on Federal

laws and regulations and case law. A topical index is also provided. Ordering information available at

800-341 7874.

School Leaders Guide to Special Education: Provides practical information on what it takes to maintain

a system of support for students with disabilities. It includes legal information, checklists, sample forms,

and Welligent resources. Ordering information available from the Association of California School

Administrators online at www.acsa.org

or at (916) 444-3216 ext. 329.

Special Education Guide for California School Administrators (2001), Frederick Weintraub author. This

book is designed to help school administrators and other personnel functionally understand the Federal

and State policies that govern the education of students with disabilities. Checklists for administrators

are provided.

Ordering information available from OMNI Publishers online at www.webbooks.com

or (830) 438-7110.

Also available from the Association of California School Administrators at www.acsa.org

or at (916)

444-3216 ext. 329.

Page 130 of 358

Page 131 of 358

APPENDIX A:

LAUSD SPECIAL

EDUCATION GUIDELINES

Page 132 of 358

Page 133 of 358

GUIDELINES FOR THE IEP TEAM

CCESS TO AND MAINTENANCE OF

STUDENT RECORDS

PURPOSE

These special education guidelines have been developed to provide assistance to Individualized

Education Program (IEP) teams and other school staff in accessing and maintaining student records.

FOR FURTHER ASSISTANCE: Please contact the Special Education Support Unit Administrator.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY..........................................................................................................133

II. TYPES OF RECORDS.............................................................................................................................................................134

III. SPECIAL EDUCATION RECORDS (GREEN FOLDERS) ......................................................................................................134

IV. ACCESS TO EDUCATIONAL RECORDS..............................................................................................................................135

V. PARENTAL ACCESS...............................................................................................................................................................136

VI. MAINTENANCE OF RECORDS.............................................................................................................................................137

VII. TRANSFER OF RECORDS...................................................................................................................................................137

2007 Manual Revisions:

 V. The parent/guardian has the right to request (orally or in writing) copies of their child’s

records and receive the requested records within five business days of the date that the

request was made.

 V. Draft Welligent IEP pages are considered student records.

 VI. Green folders maintained five years.

 VII. Procedures for transfer of records to charter schools.

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

Parents, or students 18 years or older, have the right to inspect and review the student’s education

records maintained by the school. Schools are not required to provide copies of records unless, for

reasons such as great distance, it is impossible for parents or students 18 years or older to review the

records. Schools may charge a fee for copies.

Parents or students 18 years or older have the right to request that a school correct records which

they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent

or student 18 years or older has the right to place a statement with the record setting forth his or her

view about the contested information.

Schools must have written permission from the parent or eligible student in order to release any

information from a student’s educational record. However, schools may disclose those records,

without consent, to certain parties or under certain conditions.

Page 134 of 358

II. TYPES OF RECORDS

There are three types of student educational records: mandatory permanent records, mandatory

interim records, and permitted records.

Mandatory permanent records are required by State law to be kept in perpetuity. Examples include:

• Name, birth date, place of birth, gender.

• Name and address of parent.

• Subjects taken during the school year.

• Date of graduation.

Mandatory interim records are those which schools are required to compile and maintain for a

stipulated period of time and then they may be destroyed. Examples of this type of record include:

• Health information.

• Participation in special education programs including required tests, case studies, authorizations,

and actions necessary to establish eligibility for admission or discharge.

• Progress reports.

Permitted records are student records that the school district maintains for appropriate educational

purposes such as program placement and programming of student class schedules. Examples

include:

• State and District assessment results.

• Objective counselor and/or teacher ratings.

• Routine discipline data.

• Verified reports of relevant behavior patterns.

III. SPECIAL EDUCATION RECORDS (GREEN FOLDERS)

Each student who receives special education services in the Los Angeles Unified School District must

have a special education folder (green folder). However, students transferring from other districts or

states may have a different folder. Therefore, it is important to carefully review all records received for

out-of-district students to ensure that all students requiring special education services are identified

and provided with the appropriate services.

Note: For students with disabilities who are also English Language Learners (ELL), the ELL records

should be maintained in the cum folder outside of the green folder.

A. Federal and State laws require that specific documents become part of the school records for a

student with a disability. The District requires schools to maintain the following mandated records

in the green folder:

• Access log (front outside cover).

• Student Success Team notes or other pre-referral intervention information.

• Request for Special Education Assessment.

• Student Information Questionnaire for Parents and Guardians, if applicable.

• Special Education Assessment Plan.

Page 135 of 358

• Assessment reports, with the following exceptions:

o Assessment reports developed by District Psychological Services, as well as those

psychological reports in the form of an independent educational assessment report, are

maintained by the Psychological Services field offices; and

o Health reports are maintained by the Health office at the school of attendance.

• Parent Consent for Release of Information, if applicable.

• Parent Notification of Meeting and Intent to Participate.

• Individualized Education Programs.

B. During the implementation of a student’s individualized education program, any teacher providing

service to the student must have access to the student’s complete IEP. The following staff must

have access to a current copy of the IEP:

• Special education teachers

• General education teachers providing services to the student with a disability

• Related Service providers

• Other service providers as identified on the IEP document

C. Other staff members such as a classroom assistant, may have access to the portions of the IEP

that enable him/her to successfully exercise duties with regard to implementation of the IEP.

However, the IEP and any other educational record must be maintained in such a manner as to

ensure complete confidentiality.

D. If it is determined at the IEP meeting, that a student is not eligible for special education services,

all records (including the completed IEP, Request for Special Education Assessment, Assessment

Plan and Parent Notification of Meeting, and related documents) must be filed in the student’s

cumulative folder. A green folder would not be created for such a student.

IV. ACCESS TO EDUCATIONAL RECORDS

A. The following persons or agencies have mandatory access to student records:

• Natural parents, adoptive parents, legal guardians (unless the school has been advised that

the individual does not have authority under applicable State law governing matters such as

guardianship, separation, and divorce)

• Student age 16 or completion of 10

grade

• Parent/guardian of a student over 18 if the student is a dependent adult

• School officials and employees for legitimate educational purposes

• School attendance and review board members (SARB)

• Other public schools in California where the student has or intends to enroll (parent/student

notification required)

• Private schools or out-of-state schools of anticipated or new enrollment (parent/student

notification required)

• Federal, State, and county officials for program audit and compliance purposes

• Agencies specified by law (for example, an agency investigating child abuse)

Page 136 of 358

• Those authorized by court order to have educational rights for the student (notification to

parent/eligible student is required to release information)

B. The following persons or agencies may have access to student records:

• Appropriate persons in an emergency

• Agencies or organizations in connection with an emergency

• Accrediting associations

• Organizations conducting studies on behalf of the District

• Persons or agencies authorized by the parent, guardian or the student (if over eighteen and

educational rights have transferred to the student)

• Member of a hearing panel (an Assistant Superintendent or Board of Education may, with

written consent of the parent, convene a hearing panel to assist in a parent’s appeal of a local

school administrator’s decision regarding the content of the student’s records)

C. Any individual or agency authorized to have access to a student’s records must maintain the

confidentiality of the records and is prohibited from releasing any of the information without the

written consent of the parent/guardian or the student if the right of consent has transferred to the

student.

D. If an individual or agency not included in the above lists requests access to a student’s record,

access can only be granted by the school principal who is the authorized custodian of the records.

Permission must be given in writing and documented on the access log.

V. PARENTAL ACCESS

In order to assist a parent/guardian in making informed decisions, parents/guardians have the right to

examine educational records pertaining to their child. This right is explained in A Parent’s Guide to

Special Education Services (Including Procedural Rights and Safeguards).

A. A parent’s written request to review records should be documented and maintained at the school.

B. The parent/guardian has the right to:

1. Inspect and review all educational records of their child and to receive copies, as requested,

within five business days after the request is made by the parent.

Note: Draft Welligent IEP pages are considered student records.

2. Request an explanation and interpretation of their child’s records.

3. Request (orally or in writing) copies of their child’s records and receive the requested records

within five days of the date that the request was made.

4. Have a representative inspect their child’s records.

5. Request qualified certificated personnel to interpret the records in the primary language of the

parent or request assistance in securing an interpreter.

6. If an educational record includes information on more than one child, parents/ guardians have

the right to inspect and review only the information relating to their child.

7. The school must make available to a parent/guardian, upon request, a listing of the types and

locations of educational records. A list of records and locations for students with disabilities is

available in Appendix B, Types and Locations of Educational Records.

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8. The school may charge a fee for copying educational records but the charges must not

exceed the actual cost of reproducing such records. Charges for copying records should

generally be $.25 for the first page and $.10 for each additional page (refer to current policy

bulletin). However, if the fee would prohibit a parent/guardian from exercising the right to

inspect and review records, the records must be reproduced at no cost to the parent. A fee

may not be charged for the search or retrieval of the requested records.

9. A parent who believes that the information in the records is inaccurate, misleading, or violates

the student’s privacy or other rights, may request that the school administrator amend the

information. After working with all parties involved to resolve the disputed item, the school

administrator may decide that corrections or removal and destruction of the information would

be appropriate. The administrator must advise the parent in writing of this decision. If the

decision is that the student’s record should not be amended, the school administrator must

inform the parent of the reason and advise the parent in writing of appeal procedures. A

parent may appeal the decision to the Local District Superintendent.

VI. MAINTENANCE OF RECORDS

The principal is the custodian of student records and ensures that the school site has in place the

following procedures and protections for the maintenance and confidentiality of records:

A. Access logs are placed on the front outside cover of every special education green folder to

document persons requesting or receiving information from the folder.

B. Verify that file cabinets used to maintain student records are locked daily.

C. Post a list by positions/titles of personnel having routine access to school records on the front of

the file cabinets containing the records of students with disabilities. Persons having routine access

include: principal, assistant principal, counselors, special education teachers, general education

teachers serving students with special needs, related services staff, LEP coordinator, school

psychologist, school nurse, school physician, attendance/records clerk, and administrative

assistants. Persons with routine access, and a student’s parent/guardian who has requested a

review of the records, do not have to sign the access log.

D. Post a current list, by name, of school personnel having routine access to the records of students

with special needs. This listing must be updated with staffing changes and should be posted on

the top or side of the file cabinet or on a wall or bulletin board in close proximity to the file cabinet.

If records are maintained in multiple rooms, each room requires a posted listing.

E. Inform school personnel regarding procedures for maintaining confidentiality of student records.

F. Maintain green folders with the student’s cumulative folder. The records of students with

disabilities are to be maintained in the same file cabinets as the records of the general education

students.

G. Maintain green folders for five (5) years following the student’s date of graduation. After five years,

the green folders are destroyed in accordance with District practices.

VII. TRANSFER OF RECORDS

In order to facilitate the continued provision of appropriate services to students who transfer schools:

A. The green folder must be included with the student’s cumulative record and be forwarded to the

receiving school when the student transfers to another District school.

B. The green folder is included with the student’s cumulative record and transferred to a new district

in accordance with District policy when the student transfers to an out-of-District school.

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C. For a transfer to a non-public school, all original student records including the green folder and

cumulative record remain at the sending public school. A copy of the IEP and other relevant

documents is given to the non-public school at the time of enrollment.

D. A request from an independent start up charter school for records of a current student, unless

specified otherwise, is to be interpreted as a request for a copy (known as a transcript). A

conversion charter is treated as an LAUSD school which receives the entire cumulative record.

Page 139 of 358

GUIDELINES FOR THE IEP TEAM

PPOINTMENT OF A SURROGATE

PARENT

PURPOSE

The purpose of these special education guidelines is to assist schools in understanding when a

surrogate parent needs to be appointed, the role of a surrogate parent and documenting the need for a

surrogate parent.

FOR FURTHER ASSISTANCE: Please contact the Special Education Support Unit Administrator.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY...........................................................................................................139

II. LAUSD ELIGIBILITY CRITERIA FOR SERVING AS A SURROGATE PARENT.....................................................................140

III. ROLE OF A SURROGATE PARENT.......................................................................................................................................140

IV. DOCUMENTING THE NEED FOR A SURROGATE PARENT..............................................................................................140

2007 Manual Revisions:

 I. Appointment of Surrogate Parent within 30 days.

 I. Homeless youth not in physical custody of parent or guardian.

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

The principal or administrative designee is responsible to ensure that a surrogate parent is appointed

within 30 days (see note below regarding timeline) for a student with a disability under one or more of

the following circumstances:

• A homeless youth not in physical custody of a parent or guardian.

• The student is adjudicated a dependent or ward of the court.

• The court has specifically limited the right of the parent or guardian to make educational decisions.

• No parent of the student can be identified.

• The District, after reasonable efforts, cannot locate a parent.

Note: School administrators are to complete the Request for a Surrogate Parent form (see Appendix B)

and contact the appropriate Special Education Support Unit office for additional procedures regarding

the appointment of a Surrogate Parent. The request for a Surrogate Parent must be made by the

school administrator as soon

as the need for one is known in order to maintain IEP timelines. The

school will be notified regarding the status of the request within 5 days of the receipt of the request for a

surrogate.

For educational purposes, an appointed surrogate parent shall serve as the student’s parent and shall

have all the rights that a parent has in regard to special education and related services decision making

including:

• Identification;

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• Assessment;

• Instructional planning;

• Developing, reviewing, and revising the individualized education program (IEP);

• Placement;

• Other matters related to the provision of a free appropriate public education.

II. LAUSD ELIGIBILITY CRITERIA FOR SERVING AS A SURROGATE

PARENT

• The individual is an adult. The individual has no conflict of interest. This means that he/she has no

interests that may bias his or her ability to advocate for all of the services required to ensure that

the student has a free appropriate public education.

• The individual is not an employee of the District, the California Department of Education or any

other agency that is involved in the education or care of the student.

• As far as practical, the individual should be culturally sensitive to the assigned student.

• The individual is willing to complete training provided by the District.

• First preference, when selecting a surrogate, should be given to a relative caretaker, foster parent,

or court appointed special advocate. Note: a relative caretaker and foster parent may also meet the

definitional criteria of a parent. See Part II, Chapter 4, Section III.

III. ROLE OF A SURROGATE PARENT

• Meet with the student at least one time.

• Attend IEP meetings.

• Review educational records.

• Comply with Federal and State policies regarding confidentiality.

• Consult with individuals involved in the student’s education.

• Sign consent forms.

• The surrogate parent is held harmless by the State of California when acting in their official capacity

except for acts or omissions that are found to have been wanton, reckless, or malicious.

IV. DOCUMENTING THE NEED FOR A SURROGATE PARENT

The site administrator or administrative designee must identify the need for a surrogate parent by:

1. Documenting efforts to identify or locate the parent or an individual who meets the qualifications of

a parent and is willing to represent the interests of the student. Efforts may include telephone calls,

mailings, home visits, and contact with placement workers.

2. Securing copies of court documents (i.e. minute order) that limit parent rights in educational

decisions.

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3. Completing and forwarding the Request for a Surrogate Parent form to the Support Unit

Administrator who will then notify the school with the name and contact information of a surrogate

parent.

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Page 143 of 358

GUIDELINES FOR THE IEP TEAM

SSISTIVE TECHNOLOGY

AND

LOW INCIDENCE PROGRAMS

PURPOSE

These special education assistive technology guidelines have been developed to provide assistance to

Individualized Education Program (IEP) teams when determining whether a student with disabilities

requires assistive technology devices and services in order to receive a free appropriate public

education (FAPE) as required by the Individuals with Disabilities Education Act (IDEA). These

guidelines have also been developed to provide uniform documentation across the District through the

use of the planning worksheet and chart found in the attachments to the guidelines.

These guidelines shall be made available to all District staff participating as IEP team members,

including but not limited to the administrator or administrative designee, general education teachers,

special education teachers, special education itinerant staff, and support services staff.

FOR FURTHER ASSISTANCE: Please contact the appropriate office below:

For:

1. Guidance on general policies

and procedures regarding AT

2. School-site support for AT

3. Augmentative and Alternative

Communication (ACC) Devices

and Services

Specialist, Assistive Technology (AT)

Low Incidence (LI) Program

333 S. Beaudry

Related Services, 16

Floor

Los Angeles, CA 90017

Phone: (213) 241-8055 Fax: (213) 241-8433

For:

1. Guidance on general policies

and procedures regarding AT

2. School-site support for AT

3. Augmentative and Alternative

Communication (ACC) Devices

and Services

Specialist, Assistive Technology (AT)

Low Incidence (LI) Program

333 S. Beaudry

Related Services, 16

Floor

Los Angeles, CA 90017

Phone: (213) 241-8055 Fax: (213) 241-8433

Hearing Devices and Services

Specialist, Deaf and Hard of Hearing (D/HH)

333 S. Beaudry

Instructional Initiatives, 16

Floor

Los Angeles, CA 90017

Phone: (213) 241-8053 Fax: (213) 241-8433

Motor Devices and Services

Coordinating Therapist,

Occupational Therapy (OT) and

Physical Therapy (PT)

333 S. Beaudry

Related Services, 16

Floor

Los Angeles, CA 90017

Phone: (213) 241-8054 Fax: (213) 241-8435

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Vision Devices and Services

Specialist, Vision Impaired (VI) Program

5210 Clinton Street

Los Angeles, CA 90004

Phone: (323) 464-5052 Fax: (323) 466-2583

Alternate Phone Number: (213) 241-8051

2007 Manual Revisions:

 III. Assistive technology excludes surgically implanted medical devices.

 III. IEP timeline change from 50 days to 60 days.

 IV. Additional information on the appropriate use of low incidence funds.

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

Free Appropriate Public Education (FAPE)

As part of FAPE, assistive technology devices and/or services are made available to a student with a

disability at no charge to the family of the student, if required as part of the student's special education

program and/or related services, as specified in his/her Individualized Education Program (IEP).

Infants and Toddlers

Infants and toddlers (children under three years of age) with disabilities are at risk of experiencing a

substantial developmental delay if early intervention services are not provided. The District provides

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY ...........................................................................................................144

II. RECOMMENDATIONS FOR SCHOOLS .................................................................................................................................146

A. School Site Assistive Technology Inventory..............................................................................................................................146

B. School Technology Plans..........................................................................................................................................................146

III. GUIDELINES FOR IEP TEAMS ..............................................................................................................................................146

A. Prior to the IEP Meeting ............................................................................................................................................................ 147

B. During the IEP Meeting ............................................................................................................................................................. 147

C. After the IEP.............................................................................................................................................................................. 149

D. Parent Request For an Assistive Technology Assessment.......................................................................................................149

IV. LOW INCIDENCE.....................................................................................................................................................................150

ATTACHMENT A...........................................................................................................................................................................152

ATTACHMENT B...........................................................................................................................................................................154

Page 145 of 358

early intervention services to infants and toddlers with vision impairments, hearing impairments, and/or

severe orthopedic impairments. (Infants and toddlers with other types of disabilities are served through

the Regional Center system.) Early intervention includes assistive technology devices and assistive

technology service, if they are required for the infant or toddler to benefit from the early intervention.

Documentation of the need for assistive technology is made on the child's Individualized Family Service

Plan (IFSP). Procedures for assessing and documenting the assistive technology needs of infants and

toddlers with disabilities should be generally consistent with the Guidelines for IEP Teams described

below.

Transition

IDEA requires that transition services (designed with a results oriented process focused on improving

the academic functional achievement of the child) must be addressed in the IEP of the student no later

than the year in which they turn 16 years of age. Beginning at age 16, a statement of needed transition

services [Individual Transition Plan (ITP)] for the student must be included on the IEP, including a

statement of interagency responsibilities for the provision of assistive technology devices and services.

Graduation

Assistive technology devices and services provided for a student enrolled in the District must be

returned to the District upon graduation. If assistive technology devices and services have been

provided as part of the student's school program, a determination regarding continued need after

graduation must be made by the IEP team. Provisions for non-school support for assistive technology

devices and services, after graduation, should be specified as part of the ITP, when appropriate, to

assist the student in obtaining such devices and services when s/he leaves school.

Home Use

IDEA regulations require that if the IEP team determines that a particular assistive technology device is

required for home use in order for the student to achieve the goals and objectives on the IEP, the

equipment must be provided for use at home. The IEP team should base its decision for home use on

the educational and instructional activities that need to be completed outside of the school setting.

Section 504

Students with disabilities who do not require special education or do not meet the eligibility

requirements of IDEA are entitled to assistive technology devices and services if it is determined by a

Section 504 team that assistive technology devices and services are a reasonable accommodation

under Section 504 of the Rehabilitation Act. In considering the need for assistive technology devices

and services, a Section 504 team should, in general, use the following Guidelines for IEP Teams

regarding assistive technology.

Funding Assistive Technologies

Site Resources: Bilingual , School Improvement, and Title 1 Funds

: Students with disabilities are

part of the school population and therefore are eligible for all equipment and services provided to any

student at the school. The school should draw equipment from existing inventory and resources to the

fullest extent possible prior to the expenditure of new monies when addressing assistive technology

considerations. For example, if a student with a disability needs access to a computer to meet his/her

IEP goals, and computers are available for general student use at the school, the first option is to

provide access to the computer equipment already available at the school.

Within a school's funding resources, assistive technology can be provided through a variety of options,

including Bilingual and School Improvement (SI) funds. Students with disabilities may also be eligible

for Title 1 services based on assessed needs in language arts and math. It should be noted that for all

of these funding sources, there is a stipulation for use of funds to supplement, not to supplant, the

student's educational program. Schools should incorporate these funding resources into the school's

Technology Plan in order to build an inventory of specialized equipment for students with disabilities at

the school who qualify for these programs.

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Site Resources: Special Day Class IMA Funds: If a student who requires assistive technology is

enrolled in a Special Day Program (SDP) the classroom funds available for that classroom can be

utilized to provide the assistive technology, if exclusive use by the student is not required, and if the

equipment can benefit others in the classroom. Special Day Program teachers should be encouraged

to plan ahead for technology needs and utilize some of the annual funds to build a classroom inventory

of specialized equipment appropriate for the students in the classroom.

Other School Resources

: Other school-site funding resources may involve other sources, including

grants, designed to provide technology for the purpose of enhancing the general educational programs

at the school. In this way, grants may be a funding source to support the assistive technology needs of

students at the school.

Low Incidence Funding

: Please see Section IV. of this guideline.

II. RECOMMENDATIONS FOR SCHOOLS

A. School Site Assistive Technology Inventory

It is recommended that each school develop an inventory of existing equipment options for the purpose

of establishing a loan library. Such an inventory may include NCR paper, wide lined paper, pencil

grips, primary pencils, highlighters, slant boards, calculators, tape recorders, language masters, simple

picture communication boards, typewriters, and available computers.

This inventory should be used for active intervention efforts conducted by school site personnel when

any student at the school is experiencing difficulties with the curriculum. Whenever possible, IEP

teams and Student Success Teams (SSTs) should utilize equipment from the school inventory as part

of the intervention process for a student.

B. School Technology Plans

When planning for the technology needs of a school, school staff should also plan for the needs of

students with disabilities. Students with disabilities have a right to equal access to any technology

available to the student body at the school site.

Technology plans should provide for the purchase of computers that allow for adaptations such as

special keyboards and switches. If the school has a computer lab, adaptations should be planned for

and made readily available to students with disabilities at the school. School administrators may obtain

information from the LAUSD Assistive Technology (AT) and Low Incidence (LI) Programs regarding

specialized hardware and software recommendations.

III. GUIDELINES FOR IEP TEAMS

Consideration of the need for assistive technology (AT) should be an integral part of a comprehensive

assessment for students in all areas related to his/her disability and educational needs, if the student

is or may be eligible for special education services. School sites should utilize a collaborative

approach when considering, AT for students with disabilities that includes soliciting input from service

providers who are knowledgeable of the disability and the aspects of AT associated with the disability.

In some cases, school site staff may not have sufficient knowledge to make appropriate assistive

technology recommendations by themselves for those students with more complex needs. Assistance

should be requested from the District’s assistive technology program when conducting assessments

for these students and when re-evaluating the need for assistive technology for any student who has

been assessed and provided with assistive technology equipment through the AT program in the past.

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AT is one aspect of a multi-faceted approach to addressing the strengths and needs of a student with

disabilities. The level of assistance provided needs to be considered in relation to the student's

learning potential, motivation, chronological age, developmental level, and curriculum access needs.

AT is a tool for access that will change over time as the student's needs and curricular demands

change and as advancements are made in technology.

The definition of AT in the law is broad and includes almost any type of device or service used to

support the education of a student with a disability. The word "technology" in the phrase assistive

technology does not imply a requirement for electronic components. For all students with disabilities,

it is important for IEP teams to recognize that AT encompasses a range of devices from the low end

(e.g., picture boards, wide-lined paper, pencil grips, calculators, typewriters) to the high end which may

include computers or devices with computer components (see Attachment B, Assistive Technology

Considerations Chart).

AT is not educational technology. AT provides access to the curriculum. Educational technology

(hardware and software) functions as a supplement to the curriculum. It reinforces concepts taught

and is one of the many instructional tools available to a teacher. Educational technology should not be

specified in the IEP.

IEP teams are required to consider the need for AT. AT considerations must address the student's

need to access curriculum. IEP teams must ask the question, "What does the student need to do that

s/he cannot do because of his/her disability?" Consideration does not imply a mandate for an AT

assessment or for the actual provision of devices for every child with a disability. For example, if a

student's performance is functional in relation to curriculum goals, the consideration should be brief

and consensus should be reached relatively quickly with the conclusion that AT is not needed at this

time.

In some cases, the IEP team consideration may lead to a recommendation for a short-term trial with

new strategies or devices available at the school. Such trials should be written into an IEP goal with a

time frame and measurable criteria to evaluate progress. The IEP team should plan a subsequent IEP

meeting to review the results of the trial period or to provide other considerations for AT.

IEP teams must specify the type of device the student needs (e.g., pencil grips, word processing

software, augmentative and alternative communication system). The IEP team should not specify

brand names.

Note: Assistive Technology excludes surgically implanted devices or replacement of such device.

A. Prior to the IEP Meeting

Every IEP team member is responsible for the consideration of a student's need for assistive

technology. In order for that consideration to be valid, information and documentation shall be

collected prior to the IEP meeting regarding the child's strengths and functional needs. Include

information about the adaptations, accommodations, and AT options that have been tried to date. See

Attachment A, School-Site Assistive Technology Considerations Planning Worksheet, for guidance on

information to be collected in preparing for an IEP meeting.

In addition, school personnel should attend the IEP meeting with knowledge of school site resources

and options, if the need for additional adaptations, accommodations, and/or equipment trials is

anticipated.

B. During the IEP Meeting

IEP team members will do the following:

1. During discussion of present levels of performance, present the information gathered prior to the

IEP meeting, and record that information in Section E of the IEP for each performance area, as

appropriate.

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2. If the IEP team recommends that the student does not require AT devices or services, check "No"

in Section M (3) of the IEP form.

3. If the IEP team recommends AT devices and services available at the school site, the team will:

a. Write a statement in Section E for the specific performance skill area indicating the type of

AT which will be used and the rationale for use.

Example

S. has fine motor weaknesses. The classroom teacher has provided S. with primary

pencils, a slant board, and wide-lined paper to facilitate manual writing. S. has improved

ability to produce legible writing. IEP team recommends continued use of these forms of

assistive technology for writing.

b. Write a goal statement in Section G, Annual Goals/Objectives, incorporating the AT selected.

Example

Performance Area identified in Section E: Writing

Annual Goal: Using primary pencil, slant board, and wide lined paper, S. will write ___(#)

spelling words per day with ___% accuracy ___ times.

c. Check "Yes" in Section M (3) and record a statement referring to information in Section E.

Example

Assistive Technology Devices yes no

Area of assessed need is writing. Recommended devices are a primary pencil, slant board,

and wide lined paper.

4. If the IEP team determines that it needs assistance in exploring additional AT options for a student,

it needs to:

a. Write a statement in Section E for the specific performance area describing what specialized

equipment and accommodations have been tried, by whom, and the results.

b. State that additional assistance will be requested indicating the specific performance area (i.e.,

reading, math, etc.) and the functional access area of need (i.e., hearing, vision, speech, motor

skills, etc.).

Example

The classroom teacher has used a variety of devices to improve the student's ability in the

performance area of writing. S. has used primary pencils, a slant board and wide-lined

paper. Strategies have included a reduction in the number of task items, increased time to

complete tasks, and hand-over-hand assistance in writing. Student's written work

continues to be below grade level. School-site team will conduct an assessment in

conjunction with the AT program to determine if S. can benefit from additional devices or

services.

c. Complete an assessment plan to be implemented by school-site personnel in consultation with

appropriate staff from the AT and/or Related Services programs. The school site assessment

team shall consist of the classroom teacher and/or special education teacher and the

appropriate Related Services provider(s).

d. Indicate in Section O that an additional assessment for assistive technology is recommended.

The person at the school site who will be responsible for the assessment should be listed with

his/her position and the due date (within 60 days of signed assessment plan).

e. An IEP amendment meeting is held to review the assessment results when the AT evaluation is

completed. The school site assessment team shall provide a written report and make

Page 149 of 358

recommendations to the IEP team. The IEP team has the responsibility to determine which, if

any, recommendations will be followed. If the IEP team recommends that the student needs AT

devices or services, it must complete an amendment to the IEP that includes the information in

#3 above recorded in Sections E, G, and M of the IEP form.

C. After the IEP

If an IEP team determines that a student requires an assistive technology device or service, it is the

responsibility of the school to:

1. Provide or arrange for the provision of the device(s) or service(s) as soon as possible. This may or

may not include contacting the appropriate District office(s) for assistance in arranging for the

provision of equipment. The school site should determine which of the school site funding sources

can be utilized to purchase the device(s) if not available in the school site inventory of equipment

referenced above. If the device(s) cannot be secured at the school site, contact the Assistive

Technology Program for further assistance.

2. Provide or arrange for the provision of any needed staff development regarding the use of the

device(s).

3. Provide or arrange for the training of the student in the use of the device(s).

4. Maintain the device(s) in good working order.

5. Evaluate and document the effectiveness of the device on an ongoing basis and present such

information at the IEP review.

6. If attempts to use school-based AT resources are not successful, an IEP team may request a more

in-depth AT assessment from the AT assessor assigned to their school and/or the appropriate

District-wide program listed in the For Further Assistance section of this guideline.

7. Arrange for the transport of the device(s) when the student transfers or transitions to a different

LAUSD school or when the device(s) are needed for participation in the Extended School Year (ESY).

8. Return equipment to the school site or the District inventory for use by another student, if a

determination has been made by the IEP team that the student is not benefiting from the equipment

or that it is no longer needed.

D. Parent Request For an Assistive Technology Assessment

Parents have a right to request an assessment of their child, including an assessment for assistive

technology. When a parent makes such a request, the following procedures are to be followed, unless

there is a substantial basis for believing that an assessment is not necessary and the parent is so

informed in writing:

1. School personnel must complete the assessment plan, specifying the area of need (i.e., assistive

technology for writing, assistive technology for oral communication, etc.).

2. School personnel are to follow the same steps identified previously in the Assistive Technology

Guidelines for:

a. Forming a school site assessment team;

b. Collecting information about what accommodations have been made to date, including

information about the effectiveness of each, and documenting such;

c. Writing an assessment report;

d. Holding an IEP meeting to review the assessment results;

e. Recommending and providing devices and services.

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IV. LOW INCIDENCE

Low incidence (LI) funding is determined by the total number of students with low incidence eligibilities

as reported in the California Special Education Management Information System (CASEMIS). These

funds are used to provide specialized books, materials, and equipment as required by a student with an

LI disability.

Low incidence disabilities are defined by federal law in the Code of Federal Regulations (CFR) as:

I. Hearing Disorders

o Deafness means a hearing impairment so severe that the child is impaired in processing

linguistic information through hearing, with or without amplification that adversely affects

a child's educational performance. CFR 300.7(a)(3)

o Hearing impairment means impairment in hearing, whether permanent or fluctuating,

that adversely affects a child’s educational performance but that is not included under

the definition of deafness. CFR 300.7(a)(5)

II. Visual impairment including blindness means impairment in vision that, even with correction,

adversely affects a child's educational performance. The term includes both partial sight and

blindness. CFR 300.7(a)(13)

III. Orthopedic impairment means a severe orthopedic impairment that adversely affects a child's

educational performance. The term includes impairments caused by congenital anomaly (e.g.,

clubfoot, absence of some member, etc.), impairments caused by disease (e.g., poliomyelitis, bone

tuberculosis, etc.), and impairments from other causes (e.g., cerebral palsy, amputations, and

fractures or burns that cause contractures). CFR 300.7(a)(8)

Funds may be used for all pupils with low incidence disabilities (ages 0-21) as defined in law. For

example, a pupil who is deaf and also developmentally delayed would still be eligible to receive

services funded by low incidence funds even if the pupil was reported as having developmental delay

or multiple disabilities.

Some pupils classified as orthopedically disabled may not be eligible to receive low incidence funding

because they are not “severely orthopedically disabled” per the definition in E.C. Section 56026.5.

Pupils with severe orthopedic impairments require highly specialized services, materials and equipment

per E.C. Section 56000.5(b). Generally a student with severe orthopedic impairment would have a

medical diagnosis including significant gross motor, range of motion deficiencies.

The use of these funds is limited to expenditures on books, materials, and equipment, for students with

low incidence disabilities. The purchase must relate to the unique education needs resulting from the

low incidence disability as indicated in the individualized education program (IEP) of eligible students.

For example, regular textbooks and workbooks would not qualify as opposed to low vision aids, digital

media, large print or Braille books for students who are visually impaired. Bolsters and mats for young

children should be a part of basic equipment and would not qualify, while specialized adapted feeding

and self-care equipment needed by children because of their severe orthopedic impairments, would

qualify.

It is therefore important that providers with the appropriate credential or license to serve students with

specific low disabilities be involved in the team assessment process and attend the IEP meetings so

that books, material and equipment considered for purchase for low students are related directly to the

unique educational needs resulting from a low incidence disability.

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Low incidence funds allocated under E.C. 56836.22 may not be used to:

• Support staff development. It is suggested that technical support and training be included when

equipment is purchased. SELPAs are encouraged to collaboratively develop regionalized multi-

agency funded centers that can provide on-going technical support, training and address other

activities and assure funds are used in the most cost effective manner.

• Purchase medical therapy units for California Children’s Services. Local education agencies must

provide necessary space and equipment for the provision of occupational therapy and physical

therapy in the most efficient and effective manner.

• Purchase medical equipment needed for providing specialized health needs since California Code

of Regulations (CCR), Title 5, Section 3051.12(b)(3)(C), states that “the school district shall not be

required to purchase medical equipment for an individual student.” (Universal Precautions)

• Construct or alter facilities (for example, building ramps), or to acquire storage units.

• Supplant books, equipment and materials that have been provided by other agencies. Low

incidence funds are to be used only to supplement

, and not to supplant other available funding for

books, materials and equipment provided through the base program for general education and/or

students with disabilities. For example, basic computers or other basic technology should not be

purchased with low incidence funds unless it can be clearly demonstrated to fulfill a specialized

function, format or adaptation directly related to the low incidence disability. General education or

other special education funding should be used for purchasing such basic items.

To be eligible for LI funding the following must occur:

1. A determination by the IEP team, including the school nurse or audiologist, that the student has

a severe disabling condition in one or more of the following areas: hearing, vision and/or

orthopedic impairments.

2. An assessment of the need for the material and equipment conducted by a team of the

appropriately credentialed/licensed personnel consisting of the classroom teacher, special

education teacher(s), and, if necessary, the appropriate related services provider(s) for hearing,

vision, occupational therapy, physical therapy, or speech.

3. A presentation of the written assessment report to the student’s IEP team.

4. Documentation of the determination by the IEP team that specialized material and equipment

are needed.

Page 152 of 358

ATTACHMENT A

Los Angeles Unified School District

School-Site Assistive Technology Considerations Planning Worksheet

Date:________________________

STUDENT NAME___________________DOB____________SCHOOL_______________GRADE____

This planning worksheet is for school-site use. It is intended as an informal data collection

form which can be used by school personnel and parents in conjunction with the School Site

“Assistive Technology Considerations Checklist.” Prior to the IEP meeting this form may be

used as follows:

1. Determine which curriculum tasks the student needs to perform in the classroom which he/she

cannot do because of the disability. Leave blank any tasks which do not apply to the student’s

curriculum as stated on the IEP.

2. If the student is currently able to complete the curriculum task with special strategies or

accommodations, list in column A.

3. If the student is currently able to complete the curriculum task with assistive technology devices,

list in column B.

4. If additional or new assistive technology devices may help the student perform this task more

efficiently or easily, list in column C.

CURRICULUM AREA

TASK

A. Currently completes

tasks with the following

special strategies or

accommodations.

B. Currently completes

task with the following

assistive technology devices

C. Consideration should be

given to use of the following

additional or new assistive

technology devices

LANGUAGE ARTS –

WRITING

(PENMANSHIP)

TASK

LANGUAGE ARTS –

WRITING (WRITTEN

EXPRESSION)

TASK:

LANGUAGE ARTS –

WRITING (SPELLING)

TASK

LANGUAGE ARTS –

READING

TASK

Form adapted from the SETT (Joy Zabala) and the Wisconsin Assistive Technology Initiative

(1998)

Page 153 of 358

CURRICULUM AREA

TASK

A. Currently completes tasks

with the following special

strategies or accommodations.

B. Currently completes

task with the following

assistive technology

devices

C. Consideration should be

given to use of the following

additional or new assistive

technology devices

MATHEMATICS

TASK:

COMMUNICATION

TASK

RECREATION and

LEISURE

TASK

ACTIVITES OF DAILY

LIVING

TASK

POSITIONING AND

SEATING

TASK:

HEARING

TASK

VISION

TASK

Form adapted from the SETT (Joy Zabala) and the Wisconsin Assistive Technology Initiative

(1998)

FORM COMPLETED BY:

__________________________________________________________________________________

NAME POSITION DATE

Page 154 of 358

ATTACHMENT B

The following lists are intended as a general reference guide when a student’s need for Assistive

Technology is considered. Every item in the list will not necessarily be appropriate for every student.

The lists are not all-inclusive or hierarchal.

LANGUAGE ARTS- WRITING (PENMANSHIP)

pencil holders/grips

large primary pencils

large crayons/markers

change paper- kind/color

raised line paper

change line spacing/color

acetate sheets with markers

tape paper to desk

hold paper with clipboard

stencils/templates

rubber letter stamps

magnetic letters/board

slant board/easel

wrist rest/support

arm stabilizer/guide

typewriter

typewriter with correction

portable word processor

computer with word processing program

LANGUAGE ARTS- WRITING

(WRITTEN EXPRESSION/SPELLING)

word cards

word wall

personal word book

sentence cards

webbing maps and diagrams

standard dictionary/thesaurus

language master

electronic dictionary

talking electronic dictionary

portable word processor with ….

spell checker

word prediction

computer with ….

word processing program

word prediction program

webbing program

LANGUAGE ARTS- READING

tactile letters or words

letter and word walls

word window

sentence cards

sentence window

highlighter marker

change in text size/spacing/color/background

magnifying bars

page magnifier

post-it flags

color key paper clips to page

paragraph markers

peer tape recording of reading assignment

books on tape

language master

standard dictionary

electronic dictionary

computer with….

text-to-speech software

text modification software

MATHEMATICS

manipulatives/counters

patterned work mats

tactile numbers

magnetic numbers/tray

rubber stamp numbers

automatic number stamp

number line

tactile or enlarged number line

regular lined paper turned sideways for number alignment

graph paper for number alignment

flash cards

number facts chart

tape recording of …

counting/basic number facts/multiplication

facts/ formulas

calculator: ….

regular/ enlarged keys/ talking/ scientific

computer with….

math formatting software/ math formatting

software with auditory output

Los Angeles Unified School District

Assistive Technology Considerations Chart

Page 155 of 358

COMMUNICATION

yes-no response

manual signs

gestures/pointing

eyegaze board

object choice making

picture board/book

picture exchange

pen and pencil

letter board

simple voice output device

voice output device (4-8 messages)

voice output device (multiple levels)

voice output device (multiple messages and levels)

typing device with voice output

RECREATION AND LEISURE

adapted toys and games

modified handles for musical instruments, art tools

universal cuff to hold crayons, paint brushes, markers

modified scissors

arm stabilizer/guide

computer with…

drawing and paint program

music software

games

ACTIVITIES OF DAILY LIVING

adapted handles for eating devices

adapted cups

grab bars

color coded items to facilitate location

powerlink to control electrical appliances

switch extensions

POSITIONING AND SEATING

non-slip surface on chair

bolster, rolled towel for positioning in seat

bolster, rolled towel, block for positioning feet

adapted chair

HEARING

preferential seating

paper and pencil for communication

sign language

FM system

classroom amplification system

signaling devices

portable word processor

captioning

VISION

magnifiers

change in text size/spacing/color/background

glare reduction

large print / modified type books

closed circuit TV

computer with….

screen magnification

screen color contrast

screen/text reader

Braille translator software

Braille printer

enlarged/tactile keycaps

enlarged/alternative keyboard

cane/modified tip

Adapted from Wisconsin Assistive Technology Initiative and Penn Tech

Page 156 of 358

Page 157 of 358

GUIDELINES FOR THE IEP TEAM

EHAVIOR SUPPORTS FOR STUDENTS

WITH DISABILITIES

PURPOSE

These special education guidelines have been developed to assist Individualized Education Program

(IEP) teams in the development of appropriate behavioral supports for students with disabilities whose

behavior impedes learning.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY..........................................................................................................157

II. BEHAVIOR ASSESSMENT, INSTRUCTION, SUPPORT AND INTERVENTIONS FOR STUDENTS WITH DISABILITIES ..157

III. BEHAVIOR SUPPORT PLAN..................................................................................................................................................158

IV. PROCEDURES FOR STUDENTS WITH DISABILITIES WITH SERIOUS BEHAVIOR PROBLEMS.....................................158

A. Functional Analysis Assessment (FAA).......................................................................................................................158

B. Role of Behavior Intervention Case Manager (BICM).....................................................................................................159

C. Behavior Intervention Plan (BIP) .................................................................................................................................159

D. The Individualized Education Program (IEP) Meeting (Specific Information Pertinent To Functional Analysis Assessment) .160

E. The Individualized Education Program (IEP) Meeting (Specific To The Use Of Mechanical Restraints).............................161

F. Interventions Prohibited In Plans (BIPs or BSPs)..........................................................................................................161

V. EMERGENCY BEHAVIOR INTERVENTIONS.........................................................................................................................162

2007 Manual Revisions:

 IEP timeline change from 50 days to 60 days.

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

In the case of a student whose behavior impedes his or her learning or that of others, the IEP team

shall develop positive behavioral interventions, strategies and supports to address that behavior. The

emphasis in all behavioral interventions and supports shall be on collaborative partnerships including

general and special educators and families in order to develop appropriate plans and implement them

consistently.

II. BEHAVIOR ASSESSMENT, INSTRUCTION, SUPPORT AND

INTERVENTIONS FOR STUDENTS WITH DISABILITIES

The structures for addressing student behaviors and creating positive, safe environments for students

fall within three levels. Each level includes supports that enable students to access the curriculum and

the social environment of the school setting. The levels are:

Universal:

Includes social skills training; positive, proactive discipline; teaching school behavior

expectations; active supervision and monitoring; positive reinforcement systems; firm, fair, and

corrective discipline; peer supports. There is an emphasis on teamwork and collaboration. Assessment

may include data collection resulting in group support systems.

Page 158 of 358

Selected: Includes all supports at the “Universal” level plus individualized social skills training; self-

management programs; Behavior Support Plans (BSP); parent training and collaboration; adult

mentors; increased academic support. Assessment may include individualized data collection,

observations and interviews, functional behavioral assessment resulting in individual Behavior Support

Plans with consistent implementation plans within collaborative teams.

Targeted:

Includes all supports at the “Universal” and “Selected” levels plus intensive social skills

training; individualized support plans; parent training and collaboration; multi-agency collaboration

(wrap-around) services. Assessment includes individualized data collection, observations and

interviews, Functional Analysis Assessment (FAA) which may result in a Behavior Intervention Plan

(BIP) or a Behavior Support Plan (BSP).

III. BEHAVIOR SUPPORT PLAN

A Behavior Support Plan (BSP) is a supplementary support. Legally, if the student has behavior

impeding learning of the student or his/her peers, strategies, including positive behavioral

interventions, strategies and supports must be considered. If a particular support is needed, the

IEP must contain a description of that support and all necessary staff must be informed of their

specific responsibility. It includes “proactive action planning to address behavior(s) that are

impeding learning.” It includes “positive behavioral interventions, strategies and supports.”

Behavior Support Plans should focus on understanding ‘why’ the behavior occurred (i.e. ‘the

function’ or ‘communicative intent’) then focus on teaching an alternative behavior that meets

the student’s need in a more acceptable way. This includes making “instructional and

environmental changes, providing reinforcement, reactive strategies and effective

communication.” (Diana Browning Wright, Behavior/Discipline Trainings, 2003)

A BSP is developed when appropriate classroom behavioral instruction and the implementation

of accommodations and modifications, and/or teaching of social and behavioral skills to meet

behavioral goals and objectives specified in the student’s IEP have not proven adequate to

address the student’s behavior problems. Assessment activities for its development should

include communication with all other agencies serving the student and family.

The Behavior Support Plan form is organized to assist the IEP team in analyzing the behavior,

developing alternative behaviors, establishing reinforcement strategies, making

recommendations for accommodations, modifications, and supports and identifying

communication systems for all team members. It is understood that there would be considerable

data collection and review of the data as part of the preparatory activities prior to the IEP

meeting.

IV. PROCEDURES FOR STUDENTS WITH DISABILITIES WITH SERIOUS

BEHAVIOR PROBLEMS

A. Functional Analysis Assessment (FAA)

A Functional Analysis Assessment is requested because:

• There is a serious behavior problem that is self-injurious, assaultive, or causes serious property

damage or is pervasive and maladaptive for which instructional/behavioral approaches specified in

the student’s IEP are found to be ineffective.

• There is a behavioral emergency (the demonstration of a serious behavior problem which has not

been exhibited previously but poses a clear and present danger for serious bodily harm to the

Page 159 of 358

individual or others, and cannot be immediately prevented by a less restrictive response than the

use of an emergency intervention).

• When it is determined that the student is exhibiting a serious behavior problem and more

information is needed, an assessment plan requesting a Functional Analysis Assessment (FAA)

must be developed (On the assessment plan, check off “Social/Emotional” and write: “Functional

Analysis Assessment to be conducted by Behavior Intervention Case Manager (BICM)”. After

parental consent is given, a Behavior Intervention Case Manager is selected. An FAA is then

conducted, and an IEP meeting is held to discuss the results and, if appropriate, a BIP is

developed.

The BICM and designated team members shall complete the Functional Analysis Assessment (FAA)

and assessment report as required by the Division of Special Education, LRE/Behavior Support Office.

B. Role of Behavior Intervention Case Manager (BICM)

Training for Behavior Intervention Case Managers is provided regularly through collaboration between

Division of Special Education and Local District staffs. The BICM is a designated site-based

certificated staff member, such as a special education teacher, psychologist or administrator who has

received training in behavior analysis with an emphasis on positive behavior interventions. The

absence of an on-site BICM should indicate to the school that someone should be sent to a BICM

professional development and, in the meantime, a request for support should be sent to the appropriate

Special Education Support Unit.

The role of the BICM includes, but is not limited to:

• Conducting or supervising the completion of the FAA.

• Developing a proposed BIP or BSP, if appropriate, based on the assessment data

• Presenting the FAA and proposed BIP or BSP at the IEP

• Participating as a member of the IEP team whenever the BIP is discussed.

• Assisting in the implementation and evaluation of the BIP.

• Maintaining communication between the school and the parents and, if applicable, other agencies

for issues concerning the BIP.

• Sending a copy of the IEP with the FAA and BIP or BSP attached to the Division of Special

Education, LRE/Behavior Support Office.

C. Behavior Intervention Plan (BIP)

The BIP is based on a Functional Analysis Assessment (FAA) and designed to support students

whose serious behaviors interfere with his/her learning or the learning of others; interfere with

the implementation of IEP goals and objectives; are self injurious, assaultive, or cause serious

property damage; are severe, pervasive, and maladaptive; and require frequent and systematic

behavioral interventions. The purpose of the BIP is to enable the student to achieve a better

quality of life through improved self-determination and self-control. It is also to be used to guide

the on-going professional development for new team members who join the student’s

collaborative team. In addition to the other required elements, an effective BIP will carefully

delineate:

• Evaluation procedures that include planned documentation, criteria for measuring success and for

modifying the plan, and dates for periodic review, no later than one year.

Page 160 of 358

Note: A review for minor modifications to the BIP may be conducted in meetings, by telephone

conferences, or by other means agreed to by the IEP team. Possible modifications may include use of

a less restrictive intervention, use of the intervention in a different setting, methods to alter or

discontinue the current intervention, etc. It is essential that the IEP team agree on what modifications

may be made in the implementation of the BIP so that the parent is fully aware and consents to which

minor modifications may be made without reconvening an IEP.

• A collaborative team approach which includes the identification of team members.

• Identification of the ways that strategies are to be imbedded into current classroom behavioral

support.

• Communication responsibilities and procedures to ensure that the BIP is properly implemented.

D. The Individualized Education Program (IEP) Meeting (Specific Information Pertinent To

Functional Analysis Assessment)

1. The parent shall be invited to participate in an IEP meeting, which shall be conducted within 60

days following receipt of the parent’s signed consent to the Functional Analysis Assessment.

2. Members of the IEP team shall include, but not be limited to all of the following:

• The administrator/designee

• The student’s teacher(s)

• The BICM

• The parent(s)

• The student, if appropriate

3. The administrator/designee shall review the special education procedural safeguards and due

process rights with the parent and provide the parent with a copy of A Parent’s Guide to Special

Education Services (Including Procedural Rights and Safeguards).

4. The BICM shall present the FAA report summary with recommendations and the proposed BSP or

proposed BIP to the IEP team. Upon a review of all assessment data, input shall be sought from all

team members, including the parent(s) and the team members who will implement the BSP or BIP.

5. When an IEP meeting is being held to only develop a BIP, it is an amendment to the existing IEP

and must be attached to the current IEP. The amendment must include the following IEP sections

and any other sections as appropriate.

• Section A: Meeting Information: Fill in all information.

• Section B: Student Information: Fill in all information.

• Section E: Present Level of Performance: Write, “See attached copy of the Functional Analysis

Assessment (FAA) report”.

• Section G. Annual Goals and Objectives: If a BIP has been developed, write, “See attached

copy of the Behavior Intervention Plan (BIP)”.

• Section N: Procedural Safeguards and Follow-up Actions: Check the box marked A Parent’s

Guide to Special Education Services (Including Procedural Rights and Safeguards), the box

marked “Copies of the following assessment reports were given to the parent”, and the box

marked “Functional Analysis”.

• Section O: Consent for Special Education: The parent checks the appropriate box and signs.

• Section R: Names and Signatures: All present at the IEP meeting sign this section.

Page 161 of 358

6. Attach a copy of the IEP amendment, FAA and, if applicable, the BIP to the current IEP and place it

in the green folder. All copies of the IEP must include these attachments.

7. Forward a copy of the IEP with attachments to the Division of Special Education, LRE/Behavior

Support Office.

E. The Individualized Education Program (IEP) Meeting (Specific To The Use Of Mechanical

Restraints)

Mechanical restraints may only be utilized in the following situations and under the following

conditions:

• If there is a safety concern on the bus regarding the welfare of an individual and the safe

operation of the vehicle, the IEP team may determine that a mechanical restraint such as a

bus safety vest will be utilized after less restrictive options have been attempted and

documented on the IEP.

• If a private physician recommends mechanical restraints, such as soft arm splints, because

of a student’s severe self-injurious behavior. If this occurs a District physician must consult

with the private physician and participate on the IEP team to discuss and document the

possible uses of such restraints in the educational setting. The private physician may be

invited to the IEP team meeting and may submit a report for the team’s consideration.

Doctor’s orders for mechanical restraints should include; the specific behavior for which the

restraint is to be used, how long the restraint is to be implemented, and range of motion

exercises for when the restraint is removed.

When an IEP team recommends the use of a mechanical restraint in one of the above situations

the IEP must include:

1. Less restrictive options attempted.

2. Procedures and circumstances for the use of the measure (i.e. under what conditions it will

be applied, by whom, criteria for removal of the restraint, who will monitor its use, etc.).

3. A plan to teach the student appropriate behaviors.

4. A schedule for systematic monitoring and fading of the use of the restraint.

F. Interventions Prohibited In Plans (BIPs or BSPs)

There are interventions that are specifically prohibited and which may not be included in any behavior

plan. Any BSP or BIP shall not

include interventions that:

• Are likely to cause physical pain or trauma to the student.

• Deny the student adequate sleep, food, water, shelter, bedding, physical comfort, and/or

access to bathroom facilities.

• Release sprays or substances in proximity to the student’s face.

• Subject the student to verbal abuse, ridicule and/or humiliation.

• Simultaneously immobilize all four extremities, including the procedure known as prone

containment”.

• Use locked seclusion.

• Leave a student without adequate supervision.

• Deprive the student of one or more of his/her senses for a substantial amount of time.

Page 162 of 358

G. Transportation

If a student with District transportation services has a positive behavior intervention plan or behavior

support plan developed by the IEP team, the driver should be informed by the school

administrator/designee of the plan, even though a paraprofessional may have the responsibility for

addressing the student’s behaviors while the student is being transported on the bus. As appropriate,

the driver may be provided instruction or training for implementation of the designated strategies to

address the behavior. The driver shall not be required to be responsible for implementing any areas of

the positive behavior intervention plan that are inconsistent with the California Highway Patrol

requirements for safe operations of the vehicle.

V. EMERGENCY BEHAVIOR INTERVENTIONS

A behavioral emergency is the demonstration of a serious unpredictable, spontaneous behavior

problem which poses a clear and present danger of physical harm to the student or others or

considerable property damage which, if allowed to continue, could lead to suspension or

expulsion, and cannot be immediately prevented by a less restrictive response. District

approved emergency interventions may be used only by trained personnel when absolutely

necessary and as a last resort, to control unpredictable, spontaneous behavior. According to

current District policy, any behavioral emergency is to be reported to the LRE/Behavior Support

Office using Bulletin H-50 (Revised), Attachment A, Behavior Emergency Report For Individuals

With Disabilities.

When an emergency behavior intervention is used:

1. Notify the parent of the use of the emergency intervention within 24 hours.

2. Within one day, the BICM and/or responsible person(s) shall complete the Behavior

Emergency Report for Individuals with Disabilities form (available at http://sped.lausd.net) )

and give it to the designated responsible school site administrator for review.

3. Following the administrator’s review and signature, file one copy of the report in the student’s

green folder, forward one copy via school mail to the Special Education Support Unit

Administrator and send a copy to the Division of Special Education, LRE/Behavior Support

Office.

4. Within 48 hours, an IEP meeting must be scheduled to discuss the behavioral emergency,

review on-going data collected, and determine the need to:

• Review and revise the current Behavior Support Plan.

• Create a new Behavior Support Plan.

• Review and revise the current BIP.

• Conduct a FAA.

Page 163 of 358

GUIDELINES FOR THE IEP TEAM

OUNSELING SERVICES

PURPOSE

The purpose of these guidelines is to provide Individualized Education Program (IEP) teams with

guidance regarding the appropriate provision of counseling services to assist a child with a disability to

function with social and personal responsibility. Counseling is a related service under Federal law, and

designated instruction and service under State law.

These guidelines shall be made available to all District staff participating as IEP team members

including, but not limited to, the administrator or administrative designee, general education teachers,

special education teachers, special education itinerant staff, and support services staff.

FOR FURTHER ASSISTANCE: Please contact the appropriate office below:

For: DIS Counseling Service for Programs Contact: School Mental Health

for the Emotionally Disturbed (ED) and 6651 Balboa Boulevard

Middle Schools Van Nuys, CA 91406

(818) 997-2640

For: DIS Counseling for All Elementary Contact: Special Education Support Unit-

Programs (except ED) and All Psychological Services

High School Programs

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY...........................................................................................................163

II. CONSIDERATION OF MODIFICATIONS.................................................................................................................................164

III. IEP TEAM PROCEDURES......................................................................................................................................................164

A. Prior to the IEP Meeting.............................................................................................................................................................164

B. During the IEP Meeting..............................................................................................................................................................164

ATTACHMENT A............................................................................................................................................................................166

ATTACHMENT B...........................................................................................................................................................................168

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

Schools are to assure that students with disabilities have access to regular guidance and counseling

programs to the same extent as their non-disabled peers. Designated Instruction and Services

(DIS)/related services counseling is to be considered a supplement to the regular guidance and

counseling program. DIS counseling services are to be considered only when they are necessary for

the student to benefit educationally from his or her instructional program.

When DIS counseling services have been ineffective or it is determined that a student may be in need

of more intensive mental health services, it is the local school’s responsibility to assure that these

students are referred to the Department of Mental Health for assessment under the provision of AB

3632.

Page 164 of 358

II. CONSIDERATION OF MODIFICATIONS

Before a student is referred for counseling as a DIS/related service, interventions that can ameliorate

the student’s behavioral symptoms should be considered and implemented if appropriate. A review of

the student’s records and conferences with the parent and teachers will provide information to assist in

establishing appropriate interventions. (See Attachment A, DIS Counseling Checklist.)

These interventions may include:

1. Modifications to the instructional program or curriculum;

2. Modifications of classroom environment;

3. Development of a behavior support plan;

4. Consultation with the parent;

5. Counseling services available within the school or community.

If interventions are not effective in improving the student’s behavior and adjustment so that the student

can benefit from the educational program, Counseling as a DIS/related service may be considered.

III. IEP TEAM PROCEDURES

A. Prior to the IEP Meeting

The provision of counseling as a DIS/related service is based on the results of an assessment

conducted by a credentialed school psychologist or psychiatric social worker employed by the District.

An assessment plan is to be developed that reflects social-emotional development as the area of

assessment. Prior to the assessment, the assessment plan must be reviewed and approved by the

parent or guardian. Procedures regarding assessment and reassessment contained in the Special

Education Policies and Procedures Manual Part II, Chapter 3 are to be followed regarding how the

assessment is conducted and the assessment report is completed.

The assessment will be based on information collected from, but not limited to, the following

resources:

1. Review of existing data;

2. Observation of the child in a variety of settings;

3. Parent Interview;

4. Teacher Interview;

5. Student Interview;

6. Teacher/Parent Surveys;

7. Projective Tests.

B. During the IEP Meeting

Upon completion of the assessment, the IEP team will convene to determine whether counseling is

necessary to assist the student with a disability to benefit from his/her educational program. The

determination of the need for counseling as a related service for a student shall be based on the

assessment results, information provided by the parent, and any additional information provided by IEP

team members.

If counseling as a related service is determined by the IEP team to be necessary for the student to

benefit from special education, the IEP team shall check the box for DIS Personnel in Section F of the

Page 165 of 358

IEP and write in ”Counseling.” The IEP team shall also document the interventions that have been

implemented and whether they have been successful or not.

If the IEP team has determined that counseling as a related service is required to assist the student

with disabilities in benefiting from special education, the IEP team shall develop goals that correspond

to the assessed needs of the student.

The goals and objectives are to specifically address those social-emotional areas that are limiting the

student from benefiting from the educational program. The goals must relate to the performance areas

described in Section E of the IEP and are written in Section G. The IEP team shall also document in

Section G the time, frequency, and duration of counseling services.

Time and frequency of counseling goals and objectives are based on the assessed needs of the

student. Because students vary in their responses to counseling interventions, the IEP team may

consider writing goals for a period of less than one year.

When the IEP team convenes to review the student’s progress in meeting the counseling goals, the

review is based on the following information:

1. Progress reports submitted by the service provider (See Attachment B, DIS Counseling Progress

Report);

2. Information provided by the teacher;

3. Information provided by the parent.

If the student has met the stated goals and counseling as a related service is no longer required, the

team will discontinue the related service.

If the student has not met his/her goal, the IEP team will modify the previous goals to more

appropriately address the student’s identified needs.

If the student is not responsive to the counseling services provided by District personnel or

demonstrates deterioration in behavior, the IEP team will reconvene prior to the anticipated annual

review date to discuss and consider one, or a combination of the following services or instructional

settings:

1. Referral to the Los Angeles County Department of Mental Health for assessment;

2. Change of eligibility when the behavior meets the criteria for the disability of emotional disturbance;

3. Change to a more restrictive instructional setting.

Note: If a change in eligibility or placement is considered, a reassessment must be completed. When

considering a change in counseling services, an IEP meeting must be held to determine to what extent

counseling may be needed. If the service is no longer needed, the team shall explore other services

that are available to assist in the student’s transition.

Page 166 of 358

ATTACHMENT A

DIS COUNSELING CHECKLIST

1. What specific socio-emotional behavior(s) impede the student from benefiting from special

education services?

2. Have modifications to the instructional program/curriculum been made?

NO (If no, develop and implement)

YES (if yes, please describe modifications and outcomes)

3. Have modifications to the classroom environment been made?

NO (If no, develop and implement)

YES (If yes, please describe modifications and outcomes)

4. Has a behavior support plan been developed and implemented?

NO (If no, develop and implement)

YES (If yes, please describe plan and outcomes)

5. Have the student’s parent/s been consulted and included in plans to improve the student’s

behavior?

NO (If no, consult with parent and involve in developing strategy for improving the student’s

behavior)

YES (If yes, please describe contacts, plan developed and outcome)

Page 167 of 358

6. Have counseling services available within the school or community been utilized?

NO (If no, identify available resources and implement)

YES (If yes, please describe services and outcomes)

7. Have one or more of the modifications listed above been attempted?

NO (If no, appropriate interventions are to be developed prior to considering assessment)

YES (but they have limited effect in addressing the student’s socio-emotional need.)

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ATTACHMENT B

DIS: COUNSELING PROGRESS REPORT

Student Name: B.D.:

School of Attendance: School of Residence:

Date of Last IEP:

1. Identified area of need:

2. Goal(s) developed to address need:

3. Type of Intervention:

Individual Counseling Group Counseling Consultation

Other _______________________________________

4. Frequency:

5. Has student met established goals?

YES (If yes, consider discontinuing services)

NO (If no, consider: 1. Continuation of service with modified goals and/or time and frequency

2. Refer for AB 3632 assessment)

6. If student has not met goals, what are the factors contributing to the lack of success?

Provider Name: Employee #:

Signature: Date:

Page 169 of 358

GUIDELINES FOR THE IEP TEAM

ETERMINING ELIGIBILITY

PURPOSE

The purpose of these guidelines is to provide Individualized Education Program (IEP) teams with

criteria to determine if a child meets the eligibility requirements for having a disability under Federal and

State special education laws and regulations.

FOR FURTHER ASSISTANCE: Please contact the Special Education Support Unit Administrator.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY...........................................................................................................169

II. IEP TEAM GUIDELINES FOR DETERMINING IF A STUDENT HAS A DISABILITY..............................................................169

AUTISM (AUT)..............................................................................................................................................................171

DEAF (DEA)..................................................................................................................................................................171

DEAF-BLINDNESS (DBL) ..............................................................................................................................................172

EMOTIONAL DISTURBANCE (ED).................................................................................................................................172

ESTABLISHED MEDICAL DISABILITY (EMD) .................................................................................................................173

HARD OF HEARING (HOH) ...........................................................................................................................................174

MENTAL RETARDATION (MR) ......................................................................................................................................174

MULTIPLE DISABILITIES...............................................................................................................................................175

ORTHOPEDIC IMPAIRMENT (OI) ..................................................................................................................................175

OTHER HEALTH IMPAIRMENT (OHI).............................................................................................................................175

SPECIFIC LEARNING DISABILITY (SLD)........................................................................................................................177

SPEECH OR LANGUAGE IMPAIRMENT (SLI).................................................................................................................177

TRAUMATIC BRAIN INJURY (TBI) .................................................................................................................................178

VISUAL IMPAIRMENT (VI).............................................................................................................................................179

2007 Manual Revisions:

 Lack of appropriate instruction precluded as determining factor in establishing eligibility.

 Tourette Syndrome added to Other Health Impaired categories.

 Written reports from school psychologist and special education teacher and assessment by

school nurse are needed to establish eligibility of Other Heath Impaired due to characteristics of

Attention Deficit Hyperactivity Disorder.

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

Eligibility of students with disabilities for special education shall be determined by the IEP team

according to specific criteria for each of the eligibility categories. No student shall be determined to be

eligible for special education by any eligibility category other than those identified by these guidelines.

II. IEP TEAM GUIDELINES FOR DETERMINING IF A STUDENT HAS A

DISABILITY

A student cannot be determined to be a student with a disability if the determining factor is a lack of

appropriate instruction in reading, including the essential components of reading instruction, lack of

instruction in math, or limited English proficiency. Essential components of reading instruction means

explicit and systemic instruction in:

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• Phonemic awareness

• Phonics

• Vocabulary development

• Reading fluency, including oral reading skills

• Reading comprehension strategies

The following provides District staff participating as IEP team members with the District criteria, based

on State and/or Federal laws and regulations, for determining if a student has a disability. Each

eligibility category is prefaced with the legal definition. The District's criteria for determining eligibility

follow the legal definition. Disability categories addressed by these guidelines include the following:

Autism Multiple Disabilities

Deafness Orthopedic Impairment

Deaf-Blindness Other Health Impairment

Emotional Disturbance Specific Learning Disability

Established Medical Disability Speech or Language Impairment

Hard of Hearing Traumatic Brain Injury

Mental Retardation Visual Impairment

It is the IEP team’s responsibility to determine if a student has a disability. If the student has more than

one disability the team must determine the primary disability.

Note: If the student has more than one disability and one of the disabilities is hearing, orthopedic or

vision see the definition of multiple disabilities. Document in Section F of the IEP the student’s primary

disability and any secondary disabilities.

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AUTISM (AUT)

Section 3030(g), Title 5, CCR provides:

A student exhibits any combination of the following autistic-like behaviors, to include but not be limited

to: (1) an inability to use oral language for appropriate communication; (2) a history of extreme

withdrawal or relating to people inappropriately and continued impairment in social interaction from

infancy through early childhood; (3) an obsession to maintain sameness; (4) extreme preoccupation

with objects or inappropriate use of objects or both; (5) extreme resistance to controls; (6) displays

peculiar motoric mannerisms and motility patterns; (7) self-stimulating, ritualistic behavior.

Criteria: All elements listed below must be determined to establish eligibility.

1. A written report from a school psychologist that includes all existing information related to any

autistic-like behaviors exhibited by the student.

2. Two or more of the following autistic-like behaviors were documented in the above written reports:

• An inability to use verbal and nonverbal language for appropriate communication and social

interaction.

• A history of extreme withdrawal or relating to people inappropriately and continued impairment in

social interaction from infancy through early childhood.

• An obsession to maintain sameness such as resistance to environmental change or change in

daily routines

• Extreme preoccupation with objects or inappropriate use of objects or both

• Extreme resistance to controls

• Displays peculiar motoric mannerisms and motility patterns such as repetitive activities and

stereotyped movements.

• Self-stimulating, ritualistic behavior

3. The behavioral manifestations adversely affect the student’s educational performance, and require

special education.

DEAF (DEA)

Section 3030(a), Title 5, CCR, provides:

A student has a hearing impairment, whether permanent or fluctuating, which impairs the processing

of linguistic information through hearing, even with amplification, and which adversely affects

educational performance. Processing linguistic information includes speech and language reception

and speech and language discrimination.

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Criteria: All elements listed below must be determined to establish eligibility.

1. A current audiological evaluation has been completed by a qualified audiologist. All “outside”

assessments have been reviewed by a District educational audiologist.

2. The hearing impairment limits the student’s access to language and communication through

hearing with or without amplification.

3. The hearing impairment adversely affects the development of expressive and/or receptive

language and communication.

4. The impairment adversely affects the student’s educational performance, and requires special

education to meet the student’s needs.

DEAF-BLINDNESS (DBL)

Section 3030(b), Title 5, CCR provides

A student has concomitant hearing and visual impairments, the combination of which causes severe

communication, developmental, and educational problems.

Criteria: Both elements listed below must be determined to establish eligibility.

1. The student must have both impairments to establish eligibility.

• Deafness

• Blindness

(Refer to eligibility criteria for Deafness and for Visual Impairment.)

2. The impairment adversely affects the student’s educational performance, and requires special

education to meet the student’s needs.

EMOTIONAL DISTURBANCE (ED)

Section 3030(i), Title 5, CCR provides:

Because of a serious emotional disturbance, a student exhibits one or more of the following

characteristics over a long period of time and to a marked degree, which adversely affect educational

performance:

1. An inability to learn which cannot be explained by intellectual, sensory, or health factors.

2. An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.

3. Inappropriate types of behavior or feelings under normal circumstances exhibited in several

situations.

4. A general pervasive mood of unhappiness or depression.

5. A tendency to develop physical symptoms or fears associated with personal or school problems.

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Criteria: All elements listed below must be determined to establish eligibility.

1. The student exhibits one or more of the following characteristics:

• An inability to learn which cannot be explained by intellectual, sensory, or health factors

• An inability to build or maintain satisfactory interpersonal relationships with peers and teachers

• Inappropriate types of behavior or feelings under normal circumstances exhibited in several

situations

• A general pervasive mood of unhappiness or depression

• A tendency to develop physical symptoms or fears associated with personal or school problems.

2. The presenting educational difficulties are not the result of social maladjustment.

3. The behavior has been observed over a long period of time and to a marked degree.

4. The condition adversely affects the student’s educational performance, and requires special

education to meet the student’s needs.

ESTABLISHED MEDICAL DISABILITY (EMD)

Section 56441.11(d), Title 5, CCR provides:

A disabling medical condition or congenital syndrome that the individualized education program team

determines has a high predictability of requiring special education and services.

Criteria: All elements listed below must be determined to establish eligibility.

1. The child is three through four years of age.

2. The child has a disabling medical condition or congenital syndrome as follows:

• Chromosomal Abnormalities

• Environmentally Caused Malformations

• Skeletal and Muscular System Malformations

• Neurological Disorders

• Metabolic Disorders

• Postnatal Handicapping Conditions

• Other

3. The presenting educational difficulties are not due primarily to:

• Unfamiliarity with the English language

• Temporary physical disabilities

• Social maladjustment

• Environmental, cultural, or economic factors

4. The child’s needs cannot be met with modification of a regular environment in the home or school,

or both, without ongoing monitoring or support as determined by an individualized education

program team.

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HARD OF HEARING (HOH)

Section 3030(a), Title 5, CCR provides:

A student has a hearing impairment, whether permanent or fluctuating, which impairs the processing

of linguistic information through hearing, even with amplification, and which adversely affects

educational performance. Processing linguistic information includes speech and language reception

and speech and language discrimination.

Criteria: All elements listed below must be determined to establish eligibility.

1. A current audiological evaluation has been completed by a qualified audiologist. All “outside”

assessments have been reviewed by a District educational audiologist.

2. The hearing impairment, without amplification, makes it difficult for the student to access language

communication through hearing, but the impairment is not of a level of severity to establish

eligibility under the definition of Deafness.

3. The hearing impairment, whether permanent or fluctuating, adversely affects expressive and/or

receptive language and communication.

4. The impairment adversely affects the student’s educational performance, and requires special

education to meet the student’s needs.

MENTAL RETARDATION (MR)

Section 3030(h), Title 5, CCR provides:

A student has significantly below average general intellectual functioning existing concurrently with

deficits in adaptive behavior and manifested during the developmental period, which adversely affect a

pupil’s educational performance.

Criteria: All elements listed below must be determined to establish eligibility.

1. The student demonstrates significantly below average intellectual ability.

2. The student demonstrates deficits in two or more of the following adaptive behaviors:

Communication Self-care

Home Living Social Skills

Community Use Self-direction

Health and Safety Functional Academics

Leisure Work

3. The deficits were manifested during the developmental period.

4. The deficits adversely affect the student’s educational performance, and require special education

to meet the student’s needs.

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MULTIPLE DISABILITIES

34 CFR, Section 300.7 (c)(7) provides:

Multiple disabilities means concomitant impairments (such as mental retardation-blindness, mental

retardation-orthopedic impairment, etc.) the combination of which causes such severe educational

needs that they cannot be accommodated in special education programs solely for one of the

impairments. The term does not include deaf-blindness.

The District designates this impairment as one of the following concomitant eligibilities:

Multiple Disabilities, Hearing (MDH)

Multiple Disabilities, Orthopedic (MDO)

Multiple Disabilities, Vision (MDV)

Criteria: Both elements listed below must be determined to establish eligibility.

1. The student must have at least two impairments to establish eligibility, one of which must be

hearing, orthopedic, or vision.

2. The combination of these impairments causes such severe educational needs that they cannot be

accommodated in special education programs solely for one of the impairments.

ORTHOPEDIC IMPAIRMENT (OI)

Section 3030(e), Title 5, CCR provides:

A student has a severe orthopedic impairment which adversely affects the student’s educational

performance. Such orthopedic impairments include impairments caused by congenital anomaly,

impairments caused by disease, and impairments from other causes.

Criteria: Both elements listed below must be determined to establish eligibility.

1. Documented orthopedic impairment.

2. The impairment adversely affects the student’s educational performance and requires special

education to meet the student’s needs.

OTHER HEALTH IMPAIRMENT (OHI)

Section 3030(f), Title 5, CCR provides:

A student has limited strength, vitality, or alertness, due to chronic or acute health problems, including

but not limited to a heart condition, cancer, leukemia, rheumatic fever, chronic kidney disease, cystic

fibrosis, severe asthma, epilepsy, Tourette Syndrome, lead poisoning, diabetes, tuberculosis and other

communicable infectious diseases, and hematological disorders such as sickle cell anemia and

hemophilia which adversely affects a pupil’s educational performance. This health problem is not

temporary in nature.

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Criteria: All elements listed below must be determined to establish eligibility..

1. This health impairment is not temporary in nature.

2. The impairment adversely affects the student’s educational performance, and requires special

education to meet the student’s needs.

Note: If a student is suspected of OHI due to characteristics of Attention Deficit Hyperactivity Disorder

(ADHD), all elements listed below must be determined to establish eligibility.

1. A written report from a school psychologist that includes all existing information related to any

characteristics of ADHD-like behavior exhibited by the student.

2. A written report from a special education teacher addressing academic skills.

3. An assessment by a school nurse.

4. The impairment adversely affects the student’s educational performance, and requires special

education to meet the student’s needs.

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SPECIFIC LEARNING DISABILITY (SLD)

Section 3030(j), Title 5, CCR provides:

A student has a disorder in one or more of the basic psychological processes involved in

understanding or in using language, spoken or written, which may manifest itself in an impaired ability

to listen, think, speak, read, write, spell, or do mathematical calculations, and has a severe

discrepancy between intellectual ability and achievement in one or more academic areas.

Criteria: All elements listed below must be determined to establish eligibility.

1. The student demonstrates a severe discrepancy between intellectual ability and achievement in

one or more of the following areas and the student does not achieve adequately for the student’s

age or to meet State-approved grade-level standards in one or more of the following areas when

provided with learning experiences and instruction appropriate for the child’s age or State-

approved grade-level standards:

Oral Expression Basic Reading Skill Mathematics Calculation

Listening Comprehension Basic Fluency Skills Mathematics Problem Solving

Written Expression Reading Comprehension

2. The discrepancy is due to a disorder in one or more of the basic psychological processes:

Attention Cognitive Abilities including:

Visual Processing Association

Sensory Motor Skills Conceptualization

Auditory Processing Expression

3. The learning problems are not primarily the result of any of the following: visual, hearing, or motor

disabilities; mental retardation; emotional disturbance; or, environmental, cultural, or economic

disadvantage.

4. The learning problems are not primarily the result of limited school experience or poor school

attendance, lack of instruction, or limited English proficiency.

5. The disability adversely affects the student’s educational performance, and requires special

education to meet the student’s needs.

SPEECH OR LANGUAGE IMPAIRMENT (SLI)

California Education Code, Section 56333 provides:

A student shall be assessed as having a language or speech disorder which makes him or her eligible

for special education and related services when he or she demonstrates difficulty understanding or

using spoken language to such an extent that it adversely affects his or her educational performance

and cannot be corrected without special education and related services.

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Criteria: All elements listed below must be determined to establish eligibility.

1. The student’s disorder, based on an assessment by a language, speech and hearing specialist,

meets one or more of the following criteria:

a. Articulation disorder

The student displays reduced intelligibility or inability to use the speech mechanism which

significantly interferes with communication and attracts adverse attention. Significant

interference occurs when the production of multiple speech sounds on a developmental

scale of articulation competency is below that expected for a student’s chronological age or

developmental level.

i) The student does not meet the criteria for an articulation disorder if the sole assessed

disability is an abnormal swallowing pattern.

b. Abnormal voice. A student has an abnormal voice characterized by persistent, defective voice

quality, pitch or loudness.

c. Fluency disorders. The flow of verbal expression including rate and rhythm adversely affects

communication between student and listener.

d. Language disorder when both of the following criteria are met:

i) Using more than one assessment procedure, the student scores at least 1.5 standard

deviations below the mean, or below the 7

percentile, for his or her chronological age or

developmental level on tests in one or more of the following areas of language

development: morphology, syntax, semantics, or pragmatics. When standardized tests are

considered invalid for a specific student, the expected language performance level shall be

determined by alternative means as specified on the assessment plan; and

ii) The student displays inappropriate or inadequate usage of expressive language as

measured on a representative spontaneous language sample of a minimum of fifty

utterances.

2. The disorder is not due to unfamiliarity with English.

3. The disorder adversely affects the student’s educational performance, and requires special

education to meet the student’s needs.

TRAUMATIC BRAIN INJURY (TBI)

Traumatic Brain Injury means an acquired injury to the brain caused by an external physical force,

resulting in a total or partial functional disability or psychological impairment, or both, that adversely

affects a child’s educational performance. The term applies to open or closed head injuries resulting

in impairments in one or more areas, such as cognition; language; memory; attention; reasoning;

abstract thinking; judgment; problem solving; sensory, perceptual and motor abilities; psychosocial

behavior; physical functions; information processing; and speech. The term does not apply to brain

injuries that are congenital or degenerative, or brain injuries caused by birth trauma.

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Criteria: All elements listed below must be determined to establish eligibility.

1. The student has an open or closed head injury that has affected the following: (Identify all that

apply)

Cognitive

Language

Memory

Attention

Reasoning

Abstract Thinking

Judgment

Problem Solving

Sensory, Perceptual and/or Motor Abilities

Psychosocial Behavior

Physical Functions

Information Processing

Speech

2. The injury has resulted in a total or partial functional disability or psychosocial impairment.

3. The injury adversely affects the student’s educational performance, and requires special education

to meet the student’s needs.

VISUAL IMPAIRMENT (VI)

Section 3030(d); Title 5, CCR provides:

A student has a visual impairment which, even with correction, adversely affects the student’s

educational performance.

Criteria: All elements listed below must be determined to establish eligibility.

1. A current ophthalmologist or optometrist report indicates a diagnosis of eye disease, limited visual

acuity after correction, visual field loss, or total blindness.

and

For students with low vision, a functional vision assessment indicates the need for special

education instruction, services, materials and/or equipment which cannot be provided with

modifications or the regular program.

2. The impairment adversely affects the student’s educational performance, and requires special

education to meet the student’s needs.

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GUIDELINES FOR THE IEP TEAM

ETERMINING PLACEMENT IN THE

LEAST RESTRICTIVE ENVIRONMENT

PURPOSE

These special education guidelines have been developed to provide Individualized Education Program

(IEP) teams with guidance regarding the appropriate determination of placement for students with

disabilities within the least restrictive environment.

FOR FURTHER ASSISTANCE: Please contact the Special Education Support Unit Administrator.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY....................................................................................................................182

A. District Commitment .....................................................................................................................................................182

B. Continuum of Placements..............................................................................................................................................183

C. School Expectations Regarding Special Education Programs.................................................................................................183

D. Extended School Year...................................................................................................................................................184

II. DOCUMENTING AN OFFER OF FAPE (FREE APPROPRIATE PUBLIC EDUCATION)......................................................................184

III. IEP TEAM GUIDELINES FOR DETERMINING APPROPRIATE PLACEMENT ..................................................................................187

A. Consideration of the General Education Classroom at the Home School....................................................................................188

B. Behavioral Expectations for the Student with Disabilities in the General Education Classroom and in Interactions with Nondisabled Peers188

C. Other Options Among the Full Continuum of Placements .......................................................................................................189

1. Consideration of Placements and Services Outside the Student's Home School..................................................................................190

2. Nonpublic School .........................................................................................................................................................................190

3. Temporary Placement...................................................................................................................................................................191

4. Home Instructional Program ..........................................................................................................................................................192

IV. IEP TEAM GUIDELINES FOR DETERMINING APPROPRIATE RELATED SERVICES AND RELATED SERVICES PROVIDERS.........193

A. Consideration of the Appropriate Related Services ..............................................................................................................194

B. Procedures to Identify a District-employed Related Services Provider Not Currently Assigned at the School ......................................194

C. Procedures to Identify a Certified Nonpublic Agency Related Services Provider..........................................................................195

V. FACILITATING IMPLEMENTATION OF THE IEP............................................................................................................................195

FURTHER INFORMATION................................................................................................................................................................197

Roles and Responsibilities to Support LRE.............................................................................................................................198

What LRE Is/Is Not ...........................................................................................................................................................200

Calendar Information.........................................................................................................................................................201

ADDITIONAL CONTACT INFORMATION............................................................................................................................................201

SE-24 ..............................................................................................................................................................................................202

SE-25 ..............................................................................................................................................................................................203

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I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

It is Los Angeles Unified School District policy that children with disabilities, including children in public

or private institutions or other care facilities, are, to the maximum extent appropriate, educated with

their non-disabled peers. Special classes, separate schooling, or other removal of children with

disabilities from age-appropriate general education classrooms shall occur only when the nature or

severity of the disability of the child is such that education in general education classes with the use of

supplementary aids and services cannot be achieved satisfactorily.

A. District Commitment

Special education is specially designed instruction that addresses the unique needs of the child that

result from the child's disability and ensures access to the general curriculum. The IEP team is

responsible for offering a set of programs and services that is designed to meet the student's unique

needs, is reasonably calculated to provide educational benefit, and is in the least restrictive

environment to the maximum extent appropriate.

The District is committed to:

1. Providing a continuum of placement options available to meet the needs of children with

disabilities for special education and related services within each of the Local Districts;

2. Providing students with disabilities the same access to neighborhood schools, open enrollment

schools, magnet schools and centers, and charter schools, as their nondisabled peers;

3. Providing services to children with disabilities as follows:

a. The child's placement is based on the child's IEP.

b. The child's placement is as close as possible to the child's home.

c. The child is educated in the school that he or she would attend if nondisabled unless the IEP

requires some other arrangement. [Note: Since LAUSD does not provide preschool

programs for all children in the District, this provision does not apply to preschool age

children with disabilities.]

d. To the maximum extent appropriate supplementary aids and supports for students with

disabilities are to be provided in general education classrooms and other less restrictive

settings. These are to be identified and made available at each school in the District.

Appropriate positive behavioral interventions and strategies for students with disabilities,

including curriculum modifications and instructional supports for school personnel, are to be

included in considering supplementary aids and supports.

e. A child with a disability is not removed from an age-appropriate general education classroom

solely because of needed modifications in the general curriculum.

f. In selecting the least restrictive environment, consideration is given to any potential harmful

effect(s) on the child or the type of services that he or she needs. If potential harmful effects

exist, the District is obligated to mitigate these effects, if possible, so that the student can

participate in the least restrictive environment with accommodations and modifications as

necessary.

g. The child's placement is determined at least annually.

4. Providing supported dual enrollment options for students with disabilities (1) to have access to the

general curriculum and (2) to be educated with their nondisabled peers to the maximum extent

appropriate, as follows:

a. Dual enrollment occurs when the IEP team determines that a student with a disability should be

educated part-time in a nonpublic school (NPS) and part-time on a general education campus in

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general education classes, resource specialist programs, or Special Day Programs. (Age-

appropriate general education schools or campuses may include preschools, elementary

schools, middle schools, high schools in the student's neighborhood or near the nonpublic

school, including magnet schools, continuation schools, occupational centers, charter schools,

and other alternative schools in the Los Angeles Unified School District.) Administrative

convenience shall not be a factor in determining a student's placement.

b. Dual enrollment provides an option for students with disabilities placed in a nonpublic school to

interact with nondisabled peers, to have access to the general curriculum, or to transition from

nonpublic school to public school placement.

c. Dual enrollment may also provide an option for students with disabilities enrolled in public

school programs to benefit from special education through programs and services provided

exclusively by nonpublic schools.

B. Continuum of Placements

Consistent with Federal and State policy, the continuum of placements offered by the District includes:

General Education Schools

• general education classroom with accommodations or modifications

• general education classroom with supplementary aids and supports

• general education classroom with related services

• general education classroom with resource specialist services

• general education classroom and Special Day Program

• Special Day Program

Special Schools/Centers

• Special Day Program

Nonpublic Schools

• dual enrollment (public and nonpublic schools)

• Special Day Program

Home or Hospital

• instruction in the home or hospital

Residential

• State school

• nonpublic school or center

C. School Expectations Regarding Special Education Programs

It is expected that schools within the District will:

1. Provide for the consistent location of special education programs that facilitate continuing social

interaction with students who are not disabled;

2. Encourage the close cooperation of all school personnel to facilitate opportunities for social

interaction between individuals with disabilities and individuals without disabilities;

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3. Provide students with disabilities equal access to all general education activities, programs, and

facilities on the school site and participation in those activities appropriate to their needs; and

4. Allow individuals with disabilities, including students dually enrolled in public and nonpublic

schools, maximum access to appropriate general education academic and elective programs,

including extracurricular activities, and provide school personnel necessary support to ensure the

student's success.

D. Extended School Year

A student is entitled to special education and related services during Extended School Year (ESY)

when the information available to the IEP team establishes that:

1. The student’s disability will persist over a prolonged period of time;

2. The student is likely to lose mastered skills if services are interrupted (regression);

3. The student has limited ability to re-learn skills (recoupment capacity); and

4. Based on the student’s likelihood to regress and limited recoupment capacity, it is impossible or

unlikely that the student will maintain the level of self-sufficiency and independence that would

otherwise be expected in view of the student’s ability.

II. DOCUMENTING AN OFFER OF FAPE (FREE APPROPRIATE PUBLIC

EDUCATION)

The IEP team has the responsibility for determining and documenting within the IEP an offer of a free,

appropriate public education (FAPE) that includes recommendations for specially designed instruction

to address the child's unique needs. Included in the offer of FAPE is a specific offer of placement that

is designed to meet the student's unique needs, is reasonably calculated to provide educational

benefit, and is in the least restrictive environment to the maximum extent appropriate.

Specific educational placement means that unique combination of facilities, personnel, location, or

equipment necessary to provide instructional services to a child with disabilities, as specified in the IEP,

in any one or a combination of public, certified nonpublic, home and hospital, or residential settings.

The IEP team is required to document its rationale for placement in other than the school and

classroom in which the student would otherwise attend if the student were not disabled. The

documentation must indicate why the student's disability prevents his or her needs from being met in a

less restrictive environment, even with the use of supplementary aids and supports.

The offer of FAPE is documented by the IEP team on page 12 of the IEP

. The offer of FAPE is a

statement of the District’s recommended program and services to address the needs of the student.

The documented offer of FAPE must include a specific offer of placement containing the

following essential factors:

1. Period of time for the placement and services using school year calendar descriptions for

the period covered by the IEP, including Extended School Year or intersession. (See under

Further Information, Calendar Information.)

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For example: During the 2007-2008 school year, or, during the 2007-2008 school year and ESY

2008; or, for the remainder of the 2007-2008 school year and the beginning of the 2008-2009

school year.

2. The name of the District's school or nonpublic school, including a description of the type of

school.

For example

: Neptune Elementary School, District non-residence school, for the remainder of the

2007-2008 school year and Saturn Middle School for the 2008-2009 school year.

Note

: If a nonpublic school placement is offered, but the school has an admission process that

must be followed before the student will be accepted, it must be cited in the offer.

For example

: Placement at Happy Land nonpublic school is offered. The school has an opening at

this time. To be accepted at this school, the student and his parent(s) must interview and he must

meet the admission criteria of the school.

3. A description of the type of provider, and/or the program, including the type of class or

classes.

For example

: An age-grade appropriate general education classroom with the provision of

instructional support provided by a resource specialist one to two times a week for a total of 60

minutes through a collaborative model; OR, an age-grade appropriate general education classroom

with the provision of instructional support by a Special Day Program teacher and a Special Day

Program for students with learning disabilities for math/science and language arts.

Note

: Describe the ESY/Intersession services if they are different from the regular school year.

For example

: For ESY services she will be provided instruction in a Special Day Program with

speech and language provided in collaboration with the Special Day Program teacher once a week

for 30 minutes each session.

4. A description of the activities that will be conducted to support the transition of the student to a

less restrictive environment if the student’s placement is other than a general education

placement.

For example

: The student will have nutrition and lunch, with a general education peer buddy.

5. A description of the activities that will be conducted to support the matriculation of the student to the

next school level.

For example

: The student will participate in field trip to new middle school.

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6. A description of the modifications, accommodations, or supports provided by the general

education teacher and other school staff.

For example

: During passing periods, student will be accompanied by a classroom assistant until

his observable hall behaviors have decreased according to the goals set in his Behavior Plan.

7. A description of the related services the student will receive, including time (minutes) and

frequency, and type of provider.

For example

: The physical therapist will provide 30 minutes of physical therapy two times a week

for a total of 60 minutes, or, student will continue to receive behavior interventions 2 hours per day

at school from qualified personnel to modify inappropriate classroom behaviors.

8. Other unique conditions relevant to the student, including specialized equipment/assistive

technology or facilities.

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III. IEP TEAM GUIDELINES FOR DETERMINING APPROPRIATE

PLACEMENT

The IEP team is required to document its rationale for placement, including placement in other than the

school and classroom in which the student would otherwise attend if the student were not disabled.

The documentation must indicate why the student's disability prevents his or her needs from being met

in a less restrictive environment even with the use of supplementary aids and services. Documentation

of the IEP team's discussion and decisions regarding each level on the continuum of placements will

significantly assist the IEP team in arriving at an appropriate offer of FAPE based on the student's

needs and unique combination of services to address the needs.

The parents of a child with a disability must be afforded an opportunity to participate in IEP meetings

with respect to the educational placement and the provision of FAPE to the child. However, in

accordance with Federal law, preparatory activities that District personnel engage in to develop a

proposal or response to a parent proposal that will be discussed at a later IEP meeting are permissible.

It is recommended that appropriate District personnel be contacted by the IEP team administrator

before the IEP team meeting to ensure that the team is fully knowledgeable of the array of program

options for the student. Note: The Support Unit Administrator may designate a representative

knowledgeable of nonpublic school services to augment the IEP team.

Step 1. IEP team has knowledge of program options appropriate to make a specific offer of

placement.

YES: IEP team completes Section M and makes a specific offer of

placement.

NO: IEP team determines that it needs further knowledge to consider

available and appropriate placement options in LRE to make a specific

offer of placement, recesses the IEP meeting and contacts the Special

Education Support Unit.

GO TO STEP 2.

Step 2. The Support Unit provides the IEP team knowledge of available and appropriate public

school placement options for consideration by the IEP team.

School reconvenes IEP meeting and makes a specific offer of placement. IEP team

completes Section M.

If nonpublic school is being considered or recommended by the IEP team

the Support Unit Administrator submits a copy of the recessed IEP document and

the signed SE-25 form (see attached) to the Nonpublic Services Department.

GO TO STEP 3.

Step 3. The Nonpublic Services Department, in collaboration with the Special Education Support

Unit and parents, locates nonpublic school options. To be accepted at a Nonpublic School

the student and the parent must interview and the student must meet the admissions criteria

of the school.

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The IEP team reconvenes IEP meeting to review all placement options and to make a

specific offer of placement. IEP team completes Section M.

Note

: During the placement process, be reminded that State and Federal law requires that the student

remain in his/her current school placement until enrollment takes place in a Nonpublic School or until

the alternative continuing educational arrangements have been made through the IEP process and

agreed upon by the parent.

A. Consideration of the General Education Classroom at the Home School

IEP teams, in their consideration of placement for students with disabilities, shall begin with

consideration of the general education classroom by addressing and documenting the following:

Access to the general curriculum in the general education classroom

Document the IEP team’s determinations of the following on the IEP:

What specific modifications or accommodations are to be provided by the general

education teacher in order for the student to be involved in and progress in the general

curriculum and be held to high achievement and standards within the general education

classroom?

Section J

What specific supports are necessary to support the general education teacher in

providing instructional modifications or accommodations designed to meet the individual

needs of the student with disabilities to be involved in and progress in the general

curriculum and be held to high achievement and standards within the general education

classroom?

Section J

What specific special education and related services based on assessed needs are to be

provided in the general education classroom to support the student’s involvement and

progress in the general curriculum and placement in the general education classroom?

Section I

What specific supplementary aids and services, modifications, accommodations, or

supports, based on the student's assessed needs will be provided by the general

education teacher and other school staff responsible for providing services in, or

supervising, the school environment in order for the student to appropriately interact with

nondisabled peers within the general education classroom and activities outside of the

classroom, including extracurricular activities? See "Supplementary Accommodations

and Modifications" under Further Information.

Section I

B. Behavioral Expectations for the Student with Disabilities in the General Education Classroom

and in Interactions with Nondisabled Peers

Document the IEP team’s determinations of the following on the IEP:

Has the IEP team discussed the behavioral expectations of the general education

classroom?

Section E

and Page

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Has a collaborative team consisting of people with expertise and experience working

with the student and his/her family been assembled to support the learner by developing

positive behavioral supports?

Section E

and

Behavior

Support

Plan

Do positive behavior supports need to be developed for the student's behaviors, which

are not considered to be serious?

Section E

If so, what specific behavioral goals and objectives need to be written into the IEP for

the student’s behavior support plan? What consistent reinforcement will be used?

Which social skills will be taught?

Section G

Is the student demonstrating serious behaviors which interfere with daily learning? Has

a behavior support plan been developed that identifies the communicative intent of the

behavior(s) and the antecedent/environmental factors contributing to the behavior(s)?

What goals and objectives emphasizing the identification, individualizing, and teaching

of social skills need to be developed by the IEP team to address the behaviors?

Section E

and

Behavior

Support

Plan

If the student demonstrates a serious behavior problem that significantly interferes with

his or her learning or the learning of others, and significantly interferes with the

implementation of the IEP goals and objectives, and which is self injurious, assaultive,

or causes property damage, and which is severe, pervasive, and maladaptive, and

requires frequent and systematic application of behavioral interventions, has a

Functional Analysis Assessment been conducted? Or, does the IEP team need to

request one?

Section E

and

Behavior

Support

Plan

If a Behavior Support Plan is to be developed or modified by the IEP team, including behavioral goals

and objectives, document the IEP team’s determinations of the following on the Behavior Support Plan

of the IEP:

1. Environmental Factors and Necessary Changes

2. Functional Factors and New Behaviors To Teach and Support

3. Reactive Strategies

4. Behavioral Goals

5. Communication Provisions

C. Other Options Among the Full Continuum of Placements

In considering other least restrictive options among the full continuum of placement options to address

the unique and individual needs of the student, the IEP team shall consider and document the

following:

Identification of the general education courses and subjects to which the student will be

assigned.

Page 12

How the general education teacher(s) and the special education teacher(s) will

collaborate to enable the student to maintain access to the general curriculum with any

needed modifications and continue to develop meaningful relationships with peers.

Page 12

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How the student will participate with non-disabled peers, socially and/or academically.

Page 12

1. Consideration of Placements and Services Outside the Student's Home School

It is the intent of these guidelines to ensure that no student receiving special education is placed in a

nonresident school without having first considered the services, supports and modifications that are, or

can reasonably be made available in his/her home school.

These guidelines establish procedures for locating placements and services in a general education

school as close to the student's neighborhood school as possible within the student’s Local District or

another Local District, as well as special education schools/centers and certified nonpublic schools and

services that are reasonably calculated to implement the student’s IEP. In addition, it is the intent of

these guidelines to assist IEP teams in developing plans for students placed in schools other than their

school of residence to transition back to their home school.

Note

: Students are to remain in their current instructional setting until they attend the new instructional

setting, unless the IEP team, including parents, agrees to a temporary placement.

In considering a more restrictive environment away from the student's home school, the IEP team must

review the following:

a. Plans for a transition meeting with representatives from the receiving school at least two weeks

prior to enrollment to identify collaborative strategies for implementing the IEP, including the

student’s participation with nondisabled peers, socially and/or academically.

b. Access to general education curriculum with curricular and/or instructional modifications for the

student, as needed, and opportunities for the development of IEP-determined skills within the

general education curriculum (e.g., themes, concepts, and activities), or the alternate curriculum as

appropriate.

c. Identification of methods to document the student’s progress in the general education curriculum, or

the alternate curriculum as appropriate, through means such as anecdotal records and portfolio

assessment.

d. The need for more frequent IEP monitoring and IEP meetings, if necessary, to review progress and

collaboratively develop goals and benchmarks for self-management, behavior, and independence

to address skills that promote access to less restrictive environments.

e. The maintenance of opportunities, including dual enrollment between a public and a certified

nonpublic school, for the student to interact with nondisabled peers.

2. Nonpublic School

If the IEP team has determined that no placement is available in a public school that meets the

student's unique needs, and the team determines it needs further knowledge to consider specific

nonpublic school options, the following procedures shall be followed:

a. The IEP team administrator or designee shall confer with the Special Education Support Unit to

discuss the student's unique needs that may require a nonpublic school placement, prior to the IEP

meeting or, if the meeting has been convened, recessing the IEP meeting, documenting that to be

accepted at a Nonpublic School the student and parent must interview and must meet the admission

criteria of the school, having all IEP participants sign page 11 and submitting a copy of the IEP

document developed by the IEP team to that point, and an SE-25, to the Support Unit. If the IEP

team recesses to consider a specific nonpublic school as the appropriate placement, they shall

record on page 12 of the IEP the following statement: “To be accepted at this school, the student

and the parent(s) must interview and the student must meet the admission criteria of the school.”

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b. The Support Unit will submit a copy of the recessed IEP document and the signed Form SE-25

(see attached) to the Nonpublic Services Department.

c. The Nonpublic Services Department, in collaboration with the Support Unit and the parent, will

identify available and appropriate NPS options for consideration by the IEP team. The Nonpublic

Services Department will assist in arranging visits to the school(s) by the parent and student. This

may include an explanation for the parents and the student of any intake procedures that may be

required by the proposed placement. The Nonpublic Services Department will inform the Support

Unit of the additional information after the visits and the need to reconvene the IEP meeting

including participation by a representative from the nonpublic school. The IEP team may then

consider a specific nonpublic school as an appropriate offer of FAPE.

Parent signs page 10. The signed copy of the completed IEP must be immediately submitted to the

Nonpublic Services Department so that enrollment may be facilitated.

The IEP team shall document the following on the IEP:

The location of services in the least restrictive environment. Select the radio button

for Nonpublic School.

Section M

Write a plan for transitioning the student back to his/her school of residence;

Page 12

Summarize the offer of FAPE the District has made to address the assessed and

individual needs of the student (refer to page Section II in this guideline,

"Documenting the Offer of FAPE").

Page 12

3. Temporary Placement

When an IEP team determines that there may be a delay in arranging the recommended placement,

the student shall remain in their current placement, unless a temporary placement is agreed to by the

IEP team, including parental consent. A temporary placement should only be used when the IEP team

determines that remaining in the current placement would be detrimental to the student or others, and

the use of supplementary aids and services or program modifications would not alleviate the concern.

To provide a temporary placement, the IEP team must determine a date by which the student will

attend the placement recommended by the IEP team and include the following in the IEP:

Check the box for "Other" and write in "temporary placement."

Section M

Write: “The IEP team is recommending __________ (temporary placement) on a

temporary basis not to exceed _____ days.”

Page 12

For students whose IEPs include related services, indicate whether such services are

appropriate or necessary during the temporary period and, if so, how they will be

provided, including ESY.

Page 12

State the reason why the student’s needs cannot be met in the current placement.

Page 12

For students whose IEPs include assistive technology devices or services, indicate

Page 12

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whether the devices and services are appropriate or necessary during the temporary

period in order for the student to benefit from instruction in the temporary placement.

If the IEP team recommends instruction at home as the temporary placement, it may consider the

Teleteaching Program, a four-period, multi-subject program. To receive teleteaching instruction, all of

the following criteria must be met:

• The student is in Grade 6 or above;

• The student’s home has a telephone line;

• The course offerings are appropriate;

• The student is able to benefit from the teleteaching program and it is sufficient to meet the terms of

the IEP.

4. Home Instructional Program

The Home Instructional Program provides services for eligible students who reside within the

boundaries of the Los Angeles Unified School District. The program is staffed by fully credentialed

teachers assigned to serve students in their homes. Teachers, to the maximum extent possible,

provide instruction in subjects or courses correlating with the student’s school program. The intent is to

maintain continuity of the student’s instructional program during the interim period of his or her

convalescence or during the period of the temporary placement.

Students with Individualized Education Programs (IEPs) and students with Section 504 Plans will be

provided instruction in accordance with their respective IEP or 504 Plan. Home instruction is a

temporary service and is not designed to replace the regularly required instructional program over an

extended period of time. Referrals for home teaching may come from the student’s school of

attendance, LAUSD personnel, parents, medical care provider or social worker.

The student's last school of attendance is responsible for:

• Providing appropriate textbooks and/or instructional materials.

• Collaborating with the home teacher in assigning final grades and/or credits.

• Filing home teaching reports and other relevant data in the student’s cumulative record.

Medical Referrals

Students with an IEP or Section 504 Plan are eligible for service if: (1) they have a medically verified,

noncontagious physical condition(s) or a temporary physical disability that cannot be accommodated at

their home school; and (2) the condition or disability will result in an absence of ten or more school

days.

Students with chronic diseases are generally not eligible for home instruction. Exceptions may be

made in certain cases involving medical complications.

NonMedical Referrals

Home Instruction may be offered to students with an IEP or Section 504 Plan for nonmedical reasons,

as determined by the IEP team. Nonmedical referrals may include, but are not limited to, the following

circumstances:

• Pending initial placement in a nonpublic school.

• Pending reassignment from one nonpublic school to another.

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• Pending residential placement.

• Pending a District class placement.

• Pending a District IEP meeting when safety on campus is an issue.

• Pending a pre-expulsion IEP meeting or expulsion hearing.

• Court-ordered house arrest.

• Pending a school or County Mental Health assessment.

• Pending a due process or mediation agreement.

IV. IEP TEAM GUIDELINES FOR DETERMINING APPROPRIATE RELATED

SERVICES AND RELATED SERVICES PROVIDERS

Based on an assessment by a qualified assessor, the IEP team determines whether or not a student

requires related services to benefit educationally from his or her instructional program. The IEP team's

determination of related services shall be included in a summary offer of FAPE within the IEP (refer to

Section II., "Documenting An Offer of FAPE"). In accordance with Federal law, preparatory activities

that District personnel engage in to develop a proposal, or response to a parent proposal, that will be

discussed at an IEP meeting are permissible.

It is recommended that appropriate District personnel be contacted by the IEP team administrator

before the IEP team meeting to ensure that the team is fully knowledgeable of the array of program

options for the student.

The following provides the IEP team steps to knowledgeably consider appropriate and available related

services options:

Step 1. The IEP team has knowledge that the related service can be provided by District

personnel currently assigned to serve students at the school.

YES: IEP team completes Section M and includes the related

service in the offer of FAPE on page 12 of the IEP.

NO: Prior to, or during the IEP meeting, the team determines that it

needs further knowledge to consider available and appropriate

related services options in LRE. If not done prior to the IEP

meeting, the meeting should be recessed and the appropriate

District related services department contacted.

GO TO STEP 2.

Step 2. The appropriate related services department provides the IEP team with knowledge of

available and appropriate District or nonpublic agency related services options for

consideration by the IEP team.

YES: The IEP team completes Section M and includes the related

service in the offer of FAPE on page 12 of the IEP.

If a nonpublic agency is being recommended because the District related

service is unavailable, a copy of the completed IEP document and Form SE-24

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(see Attachment A) must be submitted to the Nonpublic Services Department

following each IEP meeting when NPA services have been specified.

Step 3. The Nonpublic Services Department identifies the availability of appropriate nonpublic

agency services and informs the parent for their consideration.

A. Consideration of the Appropriate Related Services

Answers to the following questions should be discussed and documented on the IEP:

• Is it most appropriate to provide services to address the student's assessed needs through related

services, or can the needs be addressed through specially designed instruction provided by the

classroom teacher?

• What specific related services need to be provided in the general education classroom to support

the student's involvement and progress in the general curriculum? If the IEP team is considering a

more restrictive instructional setting, are these related services necessary for the student to access

his/her instructional program, or can they be addressed through the specially designed instruction

provided by the special education teacher? Do the related services differ for ESY?

B. Procedures to Identify a District-employed Related Services Provider Not Currently

Assigned at the School

1. When school staff believes that a forthcoming IEP meeting may lead to a recommendation for a

related service that is currently not available at the school the student is attending, the

appropriate related services office should be contacted (see "Contact Information") in advance

to allow them to identify District staff to provide the related service at the school of attendance,

or at another school as close to the student’s home as possible.

2. If District staff can be identified to provide the related service, the related services office will

notify the school of the following:

a. The name of the District staff who will provide the related service so the school may invite

the provider to attend the IEP meeting.

b. How the District staff who will provide the service can be contacted.

c. Whether it will be necessary to transport the student.

3. If an IEP meeting is recessed because an appropriate related services provider could not be

identified prior to the IEP meeting, the IEP team will immediately contact the appropriate related

services department, which will attempt to identify a District provider. The related services

department will inform the IEP team whether the service(s) will be made available at the school

of attendance or another District location.

4. The school of attendance will reconvene the IEP meeting and offer the parents the related

service, in accordance with the IEP team’s recommendation, from a District provider at the

student’s school or at a location as close to home as possible. Note: If a related services

provider who typically serves the school the student attends is subsequently available to provide

the service, an IEP meeting shall be held to amend the IEP to indicate the new location of the

service.

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C. Procedures to Identify a Certified Nonpublic Agency Related Services Provider

1. If the related services provider cannot be identified through the appropriate District related

services department, or the related service is not typically provided by District staff at the

present time, the IEP team shall check the box for "Other Provider" in Section G of the IEP and

designate the services that will be provided by a "certified nonpublic agency." School staff

should contact the Support Unit Administrator to complete Form SE-24 for submission along

with a copy of the recessed or completed IEP to the Nonpublic Services Department. The

District provides nonpublic agency related services through a District approved contract provider

when an appropriate District provider is not available.

2. The receipt of Form SE-24 by the Nonpublic Services Department will initiate the following

procedures:

a. The Nonpublic Services Department will work with the Support Unit and parent to identify an

appropriate certified nonpublic agency to provide the related services or authorize

continuation of related services previously provided by a certified nonpublic agency.

Note: When the service is available at the student’s school or at another District school as

close to the student’s home as possible, an IEP meeting will be held to amend the IEP to

indicate the new location of the service.

b. When services are no longer necessary, an IEP meeting will be held to amend the IEP to

terminate the services.

V. FACILITATING IMPLEMENTATION OF THE IEP

Immediately subsequent to the IEP meeting, the following procedures shall be addressed by the school

administrator or administrative designee. The purpose of these activities is to implement and monitor

the implementation of the IEP, supporting to the maximum extent appropriate the placement of the

student with disabilities in the least restrictive environment:

1. Make sure that individual IEP team members are clear about specific follow-up actions and

timelines for which they are responsible.

2. Document the distribution of copies of the IEP to all staff and supervising offices (e.g., Nonpublic

Services Department) who will be implementing the IEP. Documentation may be made on the IEP

form or by some other form or method determined by the school.

3. Determine and document if provisions are necessary for teachers and other staff to collaboratively

plan, instruct, and evaluate the performance of students with disabilities, and determine the

schedule for such opportunities to occur.

4. Develop procedures to follow when paraprofessional support is absent so that students with

disabilities are not denied assistance or sent home.

5. Plan transition activities, as necessary, if the student’s placement has been changed from one

instructional setting to another so that the student is positively supported, school staff is

knowledgeable and ready to support the student in transition, and the student is welcomed by

peers.

6. Identify Collaborative Team members to develop ongoing instructional strategies, curricular

adaptations, peer support, positive behavior support planning, transition skills, and orientation

strategies.

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7. Assist in defining administrator, general education, special education, related services, and

paraeducator roles and responsibilities for implementation of the IEP so that the student’s

placement, with the use of supplementary aids and services as appropriate, is successful.

Examples of the responsibilities are described in the lists following this activity. Each employee

should be aware of his/her duties in implementing a student’s IEP and should participate in staff

development activities to improve skills, as needed.

8. Supervise school staff in the implementation of the IEP.

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FURTHER INFORMATION

Supplementary Instructional Program Supports

Supplementary accommodations and modifications the IEP team may consider and document on the

IEP include:

Classroom and campus environmental needs

• Preferential seating

• Planned seating on the bus, in the classroom

lunchroom, auditorium

• Alter physical room arrangement

• Defines areas correctly

• Reduce/minimize visual, auditory, spatial, movement

distractions

• Teach positive rules for use of space

Specialized equipment

• Calculator

• Video

• Telephone adaptations

• Computer

• Also, refer to IEP Team Guidelines, Assistive

Technology Guidelines, Attachment B: Assistive

Technology Considerations Chart.

Pacing of instruction

• Extended time requirements

• Vary activity often

• Allow breaks

• Omit assignments requiring copying in timed

situation

• School texts sent home for summer preview

• Home set of texts/materials for preview/review

Alternate presentation of subject matter

• Teach to student's learning style

•linguistic •logical/math •musical

•auditory •spatial •body/kinesthetic

•interpersonal •visual

• Utilize specialized curriculum

• Teacher tape lectures/discussions for replay

• Teacher provide notes

• NCR paper for peer to provide notes

• Functional application of academic skills

• Present demonstrations (models)

• Utilize manipulatives

• Emphasize critical information

• Pre-teach vocabulary

• Make/Use vocabulary files

• Reduce language level or reading level assignment

• Use total communication

• Use facilitated communication

• Share activities

• Use visual sequences

Materials adaptation

• Arrangement of material on page

• Taped text and/or other class materials

• Highlighted texts/study guides

• Use supplementary materials

• Note taking assistance; carbonless or photo copy of

notes of general education students

• Type teacher material

• Large print

Modification of assignments

• Give directions in small, distinct steps

(written/picture/verbal)

• Use written back up for oral directions

• Lower difficulty level

• Shorten assignment

• Reduce paper and pencil tasks

• Read or tape record directions to student

• Use pictorial directions

• Give extra cues or prompts

• Allow student to record or type assignment

• Adapt worksheets, packets

• Utilize compensatory procedures by providing alternate

assignment/strategy when demands of class conflict with

student capabilities

• Avoid penalizing for spelling errors/sloppy

• Avoid penalizing for penmanship

Self management/follow-through strategies

• Visual daily schedule

• Calendars

• Check often for understanding/review

• Request parent reinforcement

• Have student repeat directions

• Teach study skills

• Use study sheet to organize material

• Design/write/use long-term assignment timelines

• Review and practice in real situations

• Plan for generalizations

• Teach skill in several settings/environments

Social interaction support

• Peer advocacy

• Peer tutoring

• Structure activities to create opportunities for social

interaction

• Focus on social process rather than activity/end product

• Structure shared experiences in school and

extracurricular activities

• Cooperative learning groups

• Use multiple/rotating peers

• Teach friendship skills/sharing/negotiation

• Teach social communication skills

•Greetings •Conversation turn-taking

•Sharing •Negotiation

Testing adaptations

• Oral • Short answer

• Taped • Multiple choice

• Pictures • Modify format

• Read test to student • Shorten length

• Preview language of test • Extended time

questions

• Test administered by special education teacher

Identification and use of motivators and positive

reinforcement strategies

• Verbal • Offer choice

• Nonverbal • Use strengths and

• Positive reinforcement interests often

• Concrete reinforcement

• Planned motivating sequences of activities

• Reinforce initiation

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Roles and Responsibilities to Support LRE

School Administrators

• Make provisions to have teachers work collaboratively in planning, instructing, and evaluating the

performance of students with disabilities.

• Help school personnel to adjust their schedules and duties, if necessary, in order to implement

LRE.

• Work with others to provide staff development and technical assistance related to LRE.

• Work with others to ensure that the school climate is welcoming to students with disabilities and

their parents.

• Ensure that all educational reform efforts at the school take into account students with disabilities.

• Work with others to ensure the development of transition plans to facilitate student movement from

grade to grade and to a new school, as well as implement instructional interventions within the

general education program.

• Send representatives to IEP meetings at which dual enrollment between public and nonpublic

schools is discussed.

General Education Teachers

• Participate with special educators in collaborative planning, instruction, and evaluation of students

with disabilities.

• Work collaboratively with others to plan for transitions to facilitate student movement from grade to

grade and to a new school.

• Utilize effective instructional practices such as cooperative group learning, peer tutoring, and active

learning to support effective LRE implementation.

• Supervise and facilitate paraprofessionals to provide students with disabilities needed supports.

• Teach students without disabilities to respect their classmates and schoolmates with disabilities and

facilitate positive relationships among them.

• Assume primary responsibility for including students with disabilities, who are assigned to their

classes, in meaningful ways within instructional activities.

• Work collaboratively with the special educator to identify and implement specific curricular

adaptations and instructional strategies identified as needed by the student with a disability.

• Participate in the IEP meetings for students with disabilities who are included in their classes.

• Work collaboratively with the special education teachers when assigning grades and other

assessments/evaluations for students with disabilities.

• Work collaboratively with others to ensure that parents are informed of the needs of their child with

disabilities.

Special Education Teachers

• Participate with general educators in collaborative planning, instruction, and evaluation of students

with disabilities.

• Work collaboratively with others to plan for transitions to facilitate student movement from grade to

grade and to a new school.

• Utilize effective instructional practices such as cooperative group learning, peer tutoring, and active

learning to support effective LRE implementation.

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• Supervise and facilitate paraprofessionals to provide students with disabilities needed supports.

• Provide students with disabilities examples to establish positive relationships with their peers.

• Include students with disabilities in LRE settings in meaningful ways with students without

disabilities.

• Work collaboratively with the general education teachers to identify and implement specific

curricular adaptations and instructional strategies for students with disabilities in the general

education setting.

• Participate in the IEP meetings for students with disabilities who are included in the general

education classroom.

• Work collaboratively with general education teachers when assigning grades and other

assessments/evaluations for students with disabilities.

• Work with others to ensure that student IEP objectives are addressed in the student's daily

schedule.

• Work collaboratively with others to ensure that parents are informed of the needs of their child with

disabilities.

Paraeducators

• Work with the classroom teacher to implement curricular adaptations and instructional strategies

needed by students with disabilities.

• Help students with disabilities to establish positive relationships with their peers.

• Provide opportunities for students with disabilities in the LRE setting to participate in meaningful

ways with students without disabilities.

• When requested, keep data and anecdotal information on students’ progress with their goals and

objectives.

• Work with others, monitor and assist students during directed and independent learning activities.

• Assist students with personal care/hygiene needs as appropriate.

• Assist in implementing behavior support plans.

Related Services Personnel

• Participate with the general and special educators in collaborative planning, instruction, and

evaluation of students with disabilities.

• Work collaboratively with others, plan for transitions to facilitate student movement from grade to

grade and to a new school.

• Work collaboratively with others, utilize effective instructional practices to support effective LRE

implementation.

• Provide opportunities for students with disabilities in the LRE setting to participate in meaningful

ways with students without disabilities.

• Facilitate positive relationships between students with and without disabilities.

• Participate in the IEP meetings for students with disabilities.

• Work collaboratively with general and special education teachers when assessing and evaluating

students with disabilities.

• Ensure that students’ related service IEP objectives are addressed in students’ daily schedules.

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LRE Support Teams

• Support schools in the development of least restrictive environment planning.

• Provide differentiated training modules to school administrators, including the Assistant Principal,

Elementary Instructional Specialist (APEIS), and designated secondary administrator, general and

special education teachers, paraeducators, and related services staff emphasizing strategies and

systems which enable them to align the District's mission statement and practices with least

restrictive environment. One of the training strategies may include arranging visitations to schools

effectively implementing LRE practices.

What LRE Is/Is Not

The following provides information on what LRE is and what LRE is not.

LRE is:

• Required by Federal and State law.

• Where students with disabilities attend schools that are as close to their home as possible.

• An individualized determination of the appropriate placement for educating a student with a

disability which is made by a team, including the student’s parents and, when appropriate, the

student.

• Consideration of the full continuum of educational options to meet individual student needs.

• Placement of students with disabilities with peers who are at or near the same chronological age.

• Bringing supports and services to students where students need them.

• Providing access to the general education curriculum.

• Collaboration and shared responsibility between general and special educators, administrators,

parents, and students with disabilities.

• Providing special education programs and services at all schools in the District, maximizing

opportunities for interaction between students with and without disabilities.

LRE is not:

• An option.

• Educating students with disabilities without consideration of the school they would attend if they

were not disabled.

• Special education placement based upon the category of disability (e.g., all students with Down

Syndrome educated in a Special Day Program).

• Placement of only students with mild disabilities in general education classrooms.

• Considering only one placement option within the continuum (e.g., general education placement,

special centers).

• Placement of students with disabilities with peers who are not at or near the same chronological

age.

• Making supports and services available only in specific placements, thereby forcing the student and

family to choose between receiving services or being educated with nondisabled peers.

• Providing a separate curriculum, not related to the general education curriculum.

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• Special educators assuming sole responsibility for the education of students with disabilities.

• Clustering students with disabilities in a few schools or in segregated classrooms rather than across

all classrooms in the school.

Calendar Information

The following Los Angeles Unified School District calendar information is provided to assist you in

scheduling services to school-age and preschool students. This calendar information is applicable to

regular, make-up and compensatory services, unless otherwise stipulated in a student’s IEP. It is our

recommendation that service delivery schedules be discussed with the parent/guardian before

enrollment and at least annually thereafter.

Below are the Los Angeles Unified School District’s various school calendars:

Regular School Year (RSY) is thirty-eight (38) service weeks

delivered between September and June

(excludes services during Winter Break, Spring Break, and Extended School Year (ESY).

Multi-track School Year is thirty-eight (38) service weeks

delivered according to the school calendar

and the student’s assigned track.

When services beyond forty-four (44) weeks are authorized and indicated on the IEP, the additional

time may be identified from the list below:

Winter Break

Spring Break

Interim period between the ending of RSY and the beginning of ESY

Interim period between the ending of ESY and the beginning of RSY

Off-track time

The national holidays listed below are days that the LAUSD is closed. Please note that services shall

not be provided, nor are make-up sessions to be allocated, for these dates.

Independence Day – July 4

New Year’s Day – Jan. 1

Labor Day Martin Luther King, Jr. Day

Veteran’s Day President’s Day

Thanksgiving Day Memorial Day

Christmas – Dec. 25

ADDITIONAL CONTACT INFORMATION

Related Services

Adapted Physical Education (213) 241-8052 Language and Speech (213) 241-3333

Assistive Technology (213) 241-8055 Occupational Therapy (213) 241-8054

Audiology (213) 241-8258 Physical Therapy (213) 241-8054

Counseling (Psychological (213) 241-8303 Vision Therapy (213) 241-8055

Services)

Counseling (School Mental (818) 997-2640 Visually Impaired (323) 464-5052

Health) Alternate Phone Number (213) 241-8051

Deaf and Hard of Hearing (213) 241-8053

Nonpublic Services Department (213) 241-3373

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-24

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SE-25

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GUIDELINES FOR THE IEP TEAM

ETERMINING TRANSITION SERVICES

FOR STUDENTS WITH DISABILITIES,

BEGINNING AT AGE 14

PURPOSE

The purpose of these guidelines is to provide Individualized Education Program (IEP) teams with

guidelines regarding transition services for students with disabilities, ages 14 and older (or younger, if

determined appropriate), and to assist middle school and senior high school staff in carrying out their

responsibilities for determining and providing transition instruction and services.

FOR FURTHER ASSISTANCE: Please contact the Special Education Support Unit Administrator

or the Division of Special Education's District Office of Transition Services at (213) 241-8050.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY...........................................................................................................206

II. OVERVIEW OF TRANSITION SERVICES...............................................................................................................................206

Transfer of Rights at Age of Majority............................................................................................................................................. 207

III. IEP/ITP TEAM PROCEDURES ...............................................................................................................................................207

A. Transition Services for Students with Disabilitiies Age 14 Years Old...................................................................................... 207

1. Assessment of Transition Needs for Students by Age 14 and 15 Years Old............................................................................207

2. Notification of the IEP/ITP Meeting for Students Age 14 and 15 Years Old .............................................................................208

3. Preparing the Student for the IEP/ITP Meeting for 14 and 15 Years Old..................................................................................208

4. Conducting the IEP/ITP Meeting for Students Age 14 and 15 Years Old................................................................................ 209

B. Transition Services for Students with Disabilities Age 16 and Above.......................................................................................209

1. Assessment of Transition Needs for Students by Age 16 and Above...................................................................................... 210

2. Notification of the IEP/ITP Meeting for Students for Age 16 and Above...................................................................................211

3. Preparing the Student for the IEP/ITP Meeting for Students Age 16 and Above..................................................................... 211

4. Conducting the IEP/ITP Meeting for Students Age 16 and Above........................................................................................... 211

C. Students Exiting Due to Graduation, Completion of Course of Study, or Age Out.................................................................. 212

1. Summary of Performance.........................................................................................................................................................212

2. Definitions for Completing the Summary of Performance.........................................................................................................213

3. Senior Transition Inventory.......................................................................................................................................................214

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2007 Manual Revisions:

 III. An assessment plan is needed for transition assessments for students 14 and 15 years of

age unless the assessment is generally administered to students in the class, school, or

District. Assessments embedded in instruction (such as Learning Style Preferences and

Strengths) do not require the development of an assessment plan.

 III. The IEP process for students 14 and 15 years of age differs from the IEP process for

students 16 years of age and older.

 III. Post-secondary goals are required for students age 16 and older.

 III. A Summary of Performance is required for students graduating with diploma or turning age

22.

 III. The Senior Transition Inventory form replaces the Student Exit Interview form.

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

The Los Angeles Unified School District is committed to providing a coordinated set of transition

instruction and services to students with disabilities, ages 14 and older (or younger, if determined

appropriate by the IEP team), which are results oriented and based on individual student strengths,

preferences and needs, in compliance with Federal and State laws and regulations. Transition services

for students with disabilities are embedded in standards-based core curriculum and may include

specially designed instruction or related services, if required to assist a student with a disability to

benefit from special education.

Students with disabilities shall be provided transition services as follows:

Beginning at age 14, younger if appropriate, and updated annually, each student’s IEP must include a

statement of the transition service needs of the student that focuses on the student’s course of study

(such as participation in advanced placement courses or a vocational education program).

Beginning at age 16 (or younger, if determined appropriate by the IEP team), each student’s IEP must

include a statement of needed transition services for the student, including, if appropriate, a statement

of the interagency responsibilities or any needed community linkages.

II. OVERVIEW OF TRANSITION SERVICES

Transition services are a collaborative effort between the student, all school site staff, parents, and

appropriate community agencies. They focus attention on how the student’s educational program in

middle and senior high school can be planned to help the student meet his or her goals for a successful

transition to adult living. The Individualized Education Program/Individual Transition Plan (IEP/ITP)

meeting serves as a communication and planning vehicle among parents, students, appropriate

community agency representatives, and District staff, and enables them, as equal participants, to joint,

informed decisions regarding the student’s transition needs, appropriate transition services and

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activities, educational program supports and placement, and the degree to which other agency

representatives will participate.

Transition services are a coordinated set of activities that:

1. Are designed with a results-oriented process that is focused on improving the academic and

functional achievement of the child with a disability to facilitate the child’s movement from school

to post school activities including postsecondary education, vocational training, integrated

employment, including supported employment, continuing and adult education, adult services,

independent living or community participation,

2. Are based on the individual student's needs, taking into account the student's strengths, and

preferences and interests, as they are determined through the process of age appropriate

assessment, and

3. Include instruction, related services, community experiences, the development of employment

and other post-school adult living objectives, and when appropriate acquisition of daily living

skills and functional evaluation.

While the IEP/ITP does not guarantee growth, it sets forth in writing a commitment of services

necessary to enable the student with a disability to receive appropriate transition instruction and

services as part of his or her special education program.

Transfer of Rights at Age of Majority

It must be documented on the IEP/ITP, at least one year before the student’s 18

birthday that the

student has been informed that his or her procedural rights and safeguards will transfer from the parent

to the student on reaching the age of 18, unless the student has been determined under State law to be

incompetent.

III. IEP/ITP TEAM PROCEDURES

A. Transition Services For Students With Disabilities Age 14 Years Old

Transition planning for students with disabilities age 14 and above are designed to provide exploratory

activities including developing a sense of self-awareness and self-determination. Activities involve

identifying interests, strengths, and preferences through the use of interest inventories, transition

planning profiles, and interviews begin the process of student-centered transition planning.

1. Assessment of Transition Needs for Students by Age 14 and 15 Years Old

The site administrator will adhere to the following guidelines to ensure that a student’s IEP/ITP has

been completed by the time he or she turns 14:

a. The administrator/designee shall monitor the IEP annual review or re-evaluation dates for each

student 13 years of age to ensure an IEP/ITP is convened.

b. Assessments at this age are informal and embedded throughout instruction provided by a teacher.

They do not require the development of an assessment plan. Students should be given each of the

following three instruments beginning at age 13 with results indicated on the Individual Transition

Plan.

• Transition Planning Profiles

• Learning Style Preferences and Strengths

• Student Interviews

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c. Additional assessments, such as the IDEAS, COPS, Janus, Career Locker, etc., may be given

based on individual student need. An assessment plan must be generated unless the assessments

are generally administered to students in the class, school, or District.

d. Any assessment plan developed for a student age 13 or older for whom an initial assessment for

special education is proposed by the Special Education Assessment Plan may include assessment

for transition services if needed by the student. Assessments must be conducted by qualified

personnel.

2. Notification of the IEP/ITP Meeting for Students Age 14 and 15 Years Old

Participants to be invited to the IEP/ITP meeting include:

a. The parent of the student.

b. The student for whom an Individual Transition Plan is being developed.

c. At least one general education teacher of the student (if the student is, or may be, participating

in the general education program).

d. At least one special education teacher of the student, or if appropriate, at least one special

education provider of the student.

e. An administrator or administrative designee.

f. If a formal assessment is conducted, including assessments to determine transition planning, a

person knowledgeable about the assessment procedures used to assess the student, familiar

with the results of the assessment, and qualified to interpret the results. This may be one of the

team members listed above.

The school must take steps to notify and encourage parent and student presence and participation

at the IEP/ITP meeting by inviting them to the IEP/ITP meeting with the Notification to the

Parent/Guardian to Participate in Individualized Education Program Meeting form in the parent's

primary language, if feasible. The notice will indicate that transition services will be addressed in

addition to the other IEP elements.

Along with the written notification, a copy of the Parent's Guide to Special Education Services

(Including Procedural Rights and Safeguards), The IEP and You and The ITP and You pocket

guides/booklets shall be provided to both the parents and the student. Special education and

general education teachers shall use The IEP and You and The ITP and You pocket

guides/booklets to instruct students with disabilities by age 14 on the purposes of the IEP/ITP

meeting, the roles and responsibilities of IEP/ITP meeting participants, with particular emphasis on

the role of the student as an IEP meeting participant, and the student’s rights including the transfer

of rights to the student at age 18.

3. Preparing the Student for the IEP/ITP Meeting For 14 and 15 Years Old

To prepare all students to fully participate in their IEP/ITP meeting, instruction should be provided

prior to the IEP/ITP. This instruction will consist of disability awareness, student role and

responsibility as a member of the IEP team, and the function of the IEP/ITP. This instruction should

be provided by the school staff responsible for the delivery of special education services. Students

should be prepared to take an active role in the IEP/ITP process including acquiring the skills

needed to actively participate and possibly lead the IEP meeting in accordance with their capacity.

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4. Conducting the IEP/ITP Meeting For Students Age 14 and 15 Years Old

The IEP/ITP meeting should begin with a discussion of the students’ interests, preferences, and

post-secondary goals in education/training, employment, and, when needed, independent living

skills using the Transition Planning Profile, Learning Style Preferences, Interview, and the Individual

Culmination Plan or Individual Graduation Plan as guides. The IEP team should consider these

interests as the IEP is developed and should include a statement of the Transition Service needs of

the student that focus on the student’s course of study. The IEP for a student 14 or 15 years of age

adds the following steps to the extent appropriate.

Step 1: The student introduces the participants and their role.

Step 2: The IEP team identifies the student’s interests, preferences, and strengths using the

Transition Planning Profile and/or other appropriate tools.

Step 3: Progress toward culmination or graduation is discussed (using the Individual

Culmination Plan-Middle School, or the Individual Graduation Plan-High School, as a guide).

Step 4: The IEP is developed to support student interests, preferences, strengths, and needs

addressing all required areas.

Step 5: The Individual Transition Plan is completed documenting transition services in education

or training, employment, and where appropriate, independent living skills.

Examples of appropriate transition activities for 14 and 15 years old might include:

• Academic achievement

• Self advocacy skills

• Exploration of jobs

• Exploration of Small Learning Communities available at the matriculating high school

• Guest speakers from the matriculating high school to prepare students for entrance into high

school

• School visitations

• Career research projects

• Other activities as appropriate

B. Transition Services for Students with Disabilities Age 16 and Above

Transition planning for students with disabilities age 16 and above are designed to be within a results-

oriented process, that is focused on improving the academic and functional achievement of the child

with a disability to facilitate the child’s movement from school to post-school activities including post-

secondary education, vocational education, integrated employment (including supported employment),

continuing and adult education, adult services, independent living, or community participation.

The assessment process identifies student preferences for post-school outcomes, strengths relevant to

achieving these outcomes, and the identification of accommodations to the general education

curriculum, instruction, related services, and community linkages to achieve goals in all appropriate

areas of the following:

1. Post-secondary education

2. Continuing and adult education

3. Vocational education

4. Integrated employment, including supported employment

5. Adult services

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6. Independent living

7. Community experiences

A student’s Transition Services are determined by using a variety of assessment tools that are

culturally, developmentally, and linguistically appropriate. Transition assessment instruments and

procedures should provide the IEP/ITP team functional as well as developmental information necessary

for planning an appropriate course of study, selection of an appropriate transition pathway, and

documentation of student progress.

The results of transition assessments are the beginning of the planning process for the student’s

Individual Transition Plan and should assist the IEP team in determining appropriate transition

activities. Activities include instruction, related services, community experiences, the development of

employment and other post-school adult living objectives, and when appropriate, acquisition of daily

living skills and functional vocational evaluation.

1. Assessment of Transition Needs for Students by Age 16 and above

Transition assessment for students 15 and above is a formal process. Age-appropriate transition

assessments must be conducted (example, IDEAS, COPS, Career Locker, etc.). Based on student

need, this evaluation may include future planning needs and goals, self-determination, academic

strengths and needs (including behavior, if appropriate), vocational interests, aptitudes and abilities

both in the classroom and the community, and as appropriate, needs for interagency services and

community linkages.

The site administrator will adhere to the following guidelines to ensure that a student’s ITP has been

completed by the time a student turns 16:

a. The administrator/designee shall monitor the IEP annual review or re-evaluation dates for each

student 15 years of age in relation to the student’s birth date to determine the time necessary to

develop the assessment plan, obtain written parental consent, conduct the assessment, and

conduct the IEP prior to the student becoming 16 years of age.

b. An assessment plan for an age-appropriate transition assessment may be needed if the

assessments are not generally administered to students in the class, school, or District. Prior to the

student’s scheduled annual review or re-evaluation IEP meeting, the team should determine

whether an assessment plan, to include assessment for transition services, is needed. Any

assessment proposed on the assessment plan which requires assessment by non-District agencies

or agency representatives shall be identified by “Other” on page 2 of the assessment plan form.

c. The results of the assessment will be reviewed at the IEP meeting convened prior to the student’s

sixteenth birthday.

Note: Personnel qualified to administer a transition services evaluation varies depending on the nature

of the assessment and may therefore include teachers, transition teacher, agencies and others. Any

initial evaluation conducted for a student 15 or older shall include a transition services evaluation.

Additional areas may be indicated on the assessment plan to identify transition support needs such

as related services or assistive technology. To determine transition needs, the areas of

social/emotional development, motor development, communication/language proficiencies or health

may be identified on the Assessment Plan.

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2. Notification of the IEP/ITP Meeting For Students Age 16 and Above

Participants to be invited to the IEP/ITP meeting include:

a. The parent of the student.

b. The student for whom an Individual Transition Plan is being developed.

c. At least one general education teacher of the student (if the student is, or may be, participating in

the general education program).

d. At least one special education teacher of the student, or if appropriate, at least one special

education provider of the student.

e. An administrator or administrative designee.

f. If a formal assessment is conducted, including assessments to determine transition planning, a

person knowledgeable about the assessment procedures used to assess the student, familiar with

the results of the assessment, and qualified to interpret the results. This may be one of the team

members listed above.

g. As appropriate, representatives of interagency services and community linkages when being

considered for the student.

Students with disabilities ages 16 and older shall, in addition to their parents/guardians, receive written

notification of the IEP/ITP meeting inviting them to participate as a member of the IEP/ITP team. The

notification will, in addition to identifying District staff who will attend the meeting, also include a list of

agency representatives to be invited, as necessary.

The school must take steps to notify and encourage parent and student presence and participation at

the IEP/ITP meeting by inviting them to the IEP/ITP meeting with the Notification to the

Parent/Guardian to Participate in Individualized Education Program Meeting form in the parent's

primary language, if feasible. The notice will indicate that transition services will be addressed in

addition to the other IEP elements.

Along with the written notification, a copy of the Parent's Guide to Special Education Services

(Including Procedural Rights and Safeguards), The IEP and You and The ITP and You pocket

guides/booklets shall be provided to both the parents and the student.

3. Preparing the Student for the IEP/ITP Meeting For Students Age 16 and Above

To empower all students to fully participate in their IEP/ITP meeting, instruction should be provided

prior to the IEP/ITP. This instruction will consist of developing an awareness of the student’s disability,

their role and responsibility as a member of the IEP team, and the function of the IEP/ITP. This

instruction should be provided by the school staff responsible for the delivery of special education

services. Students should be prepared to take an active role in the IEP/ITP process including acquiring

the skills needed to actively participate in and possibly lead the IEP meeting to their capacity.

4. Conducting the IEP/ITP Meeting For Students Age 16 and Above

The IEP/ITP meeting should begin with a discussion of the students’ interests, preferences, and future

goals using evaluation results (if an evaluation was conducted), informal assessments, and the

Individual Graduation Plan as guides. The IEP team should consider these interests as the IEP is

developed and should include a statement of the Transition Service needs of the student that focus on

the student’s course of study.

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Step 1: The student introduces the participants and their role.

Step 2: The IEP team identifies the student’s interests, preferences, and strengths using the evaluation

results (if an evaluation was conducted), informal assessments such as the Transition Planning

Profile or other appropriate tool.

Step 3: Progress toward culmination or graduation is discussed using the Individual Graduation Plan as

a guide.

Step 4: The IEP is developed to support student interests, strengths, and needs addressing all required

areas.

Step 5: The ITP documents post secondary goals related to training, education, employment, and

where appropriate, independent living skills.

Step 6: The ITP documents transition services to support the above mentioned goals.

Examples of activities might include:

• Academic achievement

• Self-advocacy skills

• Classroom simulations of job interviews and role-play of interactions with employers and co-

workers, resolution of on-the-job problems, and requests for needed accommodations at the work

site

• Community on-the-job training including Regional Occupational Programs, participation in Small

Learning Community activities, school-based business enterprises, etc.

• Service Learning projects

• Community-based instruction work settings

• Supported work experiences

• Work experience

• Other activities as appropriate

C. Students Exiting School Due to Graduation, Completion of Course of Study, or Age Out

1. Summary of Performance

The Summary of Performance, completed by the student’s IEP teacher, is designed to provide the

student with a summary of his/her academic achievement and functional performance, which shall

include recommendations on how to assist the child in meeting their post secondary goals. The

Summary of Performance is a separate document from the IEP that condenses and organizes the key

information that should follow the student to post-school activities.

Procedures for Completing the Summary of Performance

Step 1: Background Information

Complete this section as specified.

Step 2: Student’s Post-Secondary Goals

Copy the post-secondary goals from the IEP (Identified on pages 2 and 3 of the

Individual Transition Plan from the most recent IEP.

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Step 3: Summary of Performance

This section includes three areas: Academic, Cognitive, and Functional performance.

Indicate the student’s present level of performance identified in the most recent IEP and

list the accommodations, modifications or assistive technology that were essential in

assisting the student in achieving progress. Leave blank any section that does not apply.

Step 4: Recommendations to Assist the Student in Meeting Post-Secondary Goals

Identify the recommendations a student may need to assist in meeting the post-

secondary goals. Check all that apply.

Identify all agency linkages known to be working with the student or those that could be

a resource. Identify the contact person and telephone number if known.

2. Definitions for Completing the Summary of Performance

Accommodations

A change in the course: standard; or test preparation, location, timing, scheduling, expectations,

student response and/or other attribute which provides access for a student with a disability to

participate in a course, standard or test but which does not fundamentally alter or lower the course,

standard or test.

Modification

A change in the course; standard, or test preparation, location, timing, scheduling, expectations,

student response, and/or other attribute which provides access for a student with a disability to

participate in a course, standard or test, but which does fundamentally alter or lower the standard or

expectations of the course, standard or test.

Assistive technology device

Any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified,

or customized, that is used to increase, maintain, or improve functional capabilities of a child with a

disability.

Academic Content Areas

This area addresses three core areas; reading, written language, and mathematics and a description of

learning skills. No new testing is required, rather a brief summary from the IEP should be provided. A

profile of student strengths and challenges framed around post-secondary goals should be the guiding

force of the SOP. The summary should include the strategies and techniques used by the student in the

school environment that may transfer to post school options. For students with moderate to severe

disabilities, the summary would consist of functional academic skills.

Cognitive Areas

This area addresses general ability and problem solving, attention and executive functioning, and

communication. If an area is not identified as an area of need the team can determine that the student

is functioning within normal limits.

Functional Areas

Functional areas include social skills/behavior; independent living skills; self-determination and self

advocacy; and career/vocational/transition skills. Information in this section is generated from

observational checklists, grades, transition assessments as documented on the ITP, student portfolios,

work history, reviews, etc. Teams may indicate that skills are within normal limits if an area is not

identified as an area of weakness.

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3. Senior Transition Inventory

At the student's final IEP/ITP meeting, the student is to be interviewed using the "Senior Transition

Inventory" form. Following the conclusion of the IEP/ITP meeting, the completed Senior Transition

Inventory form shall be forwarded to the District Office of Transition Services, Beaudry Building, 17th

Floor.

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GUIDELINES FOR THE IEP TEAM

ETERMINING TRANSPORTATION AS

A RELATED SERVICE

PURPOSE

These special education transportation policies and guidelines have been developed to provide

assistance to Individualized Education Program (IEP) teams when determining eligibility for special

education transportation as a related service. Transportation as a related service is based on eligibility

under the regulations of the Individuals with Disabilities Education Act (IDEA).

To facilitate compliance with IDEA, to determine eligibility for special education transportation and to

evaluate the appropriate level of service, these guidelines are to be made available to all IEP team

members, including but not limited to the administrator or administrative designee, general education

teachers, special education teachers, special education itinerant staff, and support services staff.

Note

: These guidelines replace “Transportation Guidelines” issued in 2001.

FOR FURTHER ASSISTANCE: Please contact the Special Education Support Unit Administrator

and/or Special Education Compliance Specialist.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY...........................................................................................................216

A. School-to-School Special Education Transportation .....................................................................................................216

B. Home-to-School Special Education Transportation.......................................................................................................216

C. Delivery of the Student..............................................................................................................................................216

D. DIS or Other Related Services...................................................................................................................................216

E. Extracurricular and Nonacademic Activities and Services..............................................................................................216

F. Schedules, Routes....................................................................................................................................................216

G. Reimbursement in Lieu of Transportation....................................................................................................................217

H. Sibling Permits .........................................................................................................................................................217

I. Boundaries...............................................................................................................................................................217

II. OVERVIEW...............................................................................................................................................................................217

III. CONSIDERING THE NEEDS..................................................................................................................................................217

A. School-to-School Transportation ................................................................................................................................217

B. Home-to-School Transportation..................................................................................................................................217

C. Considerations of Some Other Mode of Transportation.................................................................................................218

IV. IEP TEAM PROCEDURES......................................................................................................................................................219

V. COMMUNICATING INFORMATION REGARDING TRANSPORTATION ...............................................................................219

VI. BUS ASSISTANTS..................................................................................................................................................................219

VII. FURTHER INFORMATION ....................................................................................................................................................220

Definitions.....................................................................................................................................................................220

VIII. EXCERPTS FROM TRANSPORTATION SERVICES FOR STUDENTS WITH DISABILITIES (SCHOOL BUS DRIVER

HANDBOOK)....................................................................................................................................................................................220

Page 216 of 358

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

A. School-to-School Special Education Transportation

When the District offers placement at a non-resident school because the appropriate program

and/or services are not available at the student’s school of residence, the District will provide

transportation from the school of residence, or a pick up/drop off location near the school, to the

school of attendance and back, regardless of the student's disability.

No special education transportation will be provided when a student is placed unilaterally by a

parent. Transportation as a related service is not provided as a convenience, but is a specific

service identified by the IEP team as part of the overall recommended services for a free

appropriate public education.

B. Home-to-School Special Education Transportation

Eligibility for home-to-school special education transportation as a related service shall be

determined by the IEP team individually for each student, based on the assessment information

related to the student's disability. This determination, which shall be stated in the IEP, must be

related to the needs of the student as a result of the student's disability and consideration of

whether transportation is required for the student to benefit from special education. When safety is

a consideration, the determination must be related to the student's disability and may not

be based

solely on the student's chronological age or the school the student is attending. The need for

home-to-school transportation shall be indicated on the student's IEP Data/Transportation Transfer

Form.

C. Delivery of the Student

When the bus driver is unable to deliver a student to the home when it is the assigned drop off

location, the school site administrator and transportation personnel are responsible for the safety of

the student until the situation is resolved.

D. DIS or Other Related Services

Transportation will be provided to/from the school of attendance for services identified in the

student's IEP, which must be provided at another location during school hours.

E. Extracurricular and Nonacademic Activities and Services

Students with disabilities must be afforded an equal opportunity to participate in nonacademic and

extracurricular activities and services including counseling services, athletics, transportation,

recreational activities, special interest groups or clubs sponsored by the school or District, referral to

agencies that provide assistance to individuals with disabilities and employment of students,

including both employment by schools and assistance in making employment available.

It is the school's responsibility to provide access for all students to participate in school activities.

When transportation is provided to non-disabled students for such purposes, the school is fiscally

responsible to provide appropriate transportation for students with disabilities to participate in these

activities.

F. Schedules, Routes

The maximum bus ride will be limited to the maximum time determined for all Los Angeles Unified

School District students whenever possible, unless a longer ride is determined by an IEP team as

being necessary to attend a specific program that addresses the unique and individual needs of the

student and for which an appropriate program is not available at a closer location.

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G. Reimbursement in Lieu of Transportation

The rate of reimbursement in lieu of District-provided special education transportation shall be at

the rate identified and paid to District personnel for mileage.

H. Sibling Permits

No sibling permits will be granted effective July 1, 2001.

I. Boundaries

Transportation will be provided only within the boundaries of the Los Angeles Unified School

District, except as required by a student's IEP for nonpublic agency and interagency services.

II. OVERVIEW

Transportation services for students with disabilities are based on eligibility determined under the

provisions of the Individuals with Disabilities Education Act of 1997, also known as IDEA. Under IDEA,

students with disabilities shall be provided a free appropriate public education (FAPE). FAPE is

determined by team members who agree on the student's Individualized Education Program (IEP).

When transportation is required by the IEP, it is known as a related service. The bus driver is

responsible for achieving the goal of safe transportation services for students with disabilities.

Transportation services may be provided either as school-to-school or home-to-school as

determined by the IEP team. The IEP also determines the need for additional services such as

assistance on the bus, therapy at other sites, the use of assistive mobility devices such as wheelchairs,

and assistive devices such as safety vests.

Students who receive home-to-school transportation services must be received at the delivery address

by an adult authorized by the parent or school.

III. CONSIDERING THE NEEDS

Students generally require transportation if the IEP cannot be implemented at their school of residence

due to the unavailability of programs and services.

Students may require transportation due to personal factors such as health, social judgment, or lack of

ability to communicate.

A. School-to-School Transportation

For a student whose disability does not include personal factors such as health, social judgment, or

lack of ability to communicate such that the safety of the student is a primary consideration, and the

student requires transportation due to the unavailability of programs and services, school-to-school

transportation may be generally considered appropriate to address the student's needs.

B. Home-to-School Transportation

The following are general guidelines for IEP teams to determine the need for home-to-school

transportation with the understanding that special circumstances or exceptions may be discussed

and consensus reached by the IEP team:

1. Home-to-school transportation for students with disabilities may be needed if the assessment

information indicates that the identified disabilities are severe to the extent that they preclude

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the student, when compared to same-age peers, from meeting the bus at a school or other non-

resident pick-up location.

2. For a student whose disability does include personal factors such as health, social judgment,

or lack of ability to communicate such that the safety of the student is a primary consideration,

home-to-school transportation or some other mode of transportation may be considered

appropriate to address the student's needs.

3. IEP teams should review assessment information and consult with the Transportation Branch

and relevant health professionals, including District medical personnel, regarding the following

factors in establishing the need for home-to-school transportation or some other mode of

transportation:

a. Unique medical or assistive equipment, including wheelchairs or gurneys that have unique

designs, configurations, or adaptation which may require special handling.

b. When the school bus equipment may require modification.

c. When the student exhibits severe behavioral difficulties and a behavior support plan that

involves transportation is to be implemented. When behavior is an issue and an assistant

is required on the bus, there must be a behavior support plan and behavior goals to

address the need.

d. When the student is medically fragile, requires special assistance, or has other unique

needs.

e. When climate control has been requested by a physician to address an identified medical

need.

f. When a physician has imposed a limitation on time on the bus to address an identified

medical need.

g. When the student’s special communication needs are a critical factor in the effective

communication of evacuation procedures and other safety issues such that

accommodations or modifications applied on school-to-school transportation are

insufficient.

C. Consideration of Some Other Mode of Transportation

Special circumstances related to the student's disability such as the following may lead the IEP

team to determine the need for some other mode of transportation:

1. Bus equipment may require modification.

2. The student exhibits severe behavioral difficulties and a behavior support plan that involves

transportation is to be implemented.

3. The student is medically fragile, requires special assistance, or has other unique needs.

4. Climate control has been requested by a physician to address an identified medical need.

5. A physician has imposed a limitation of time on the bus to address an identified medical need.

6. When the student’s special communication needs are a critical factor in the effective

communication of evacuation procedures and other safety issues such that accommodations or

modifications applied on school-to-school transportation and home-to-school transportations

are insufficient.

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IV. IEP TEAM PROCEDURES

The IEP team will review each student's eligibility for transportation as a related service to determine if:

1. Transportation is required for the student to benefit from special education, or;

2. A different mode of transportation is appropriate for the student to benefit from special

education; or

3. Transportation as a related service is no longer needed for the student to benefit from special

education.

In determining the need for transportation, responses to the following questions shall be documented

on the IEP:

Does the student require transportation in order to benefit from special education?

Section M

If the student requires transportation to benefit from special education, what kind of

transportation is required to meet the assessed needs of the student:

• School-to-school

• Home-to-school

• Some other mode of transportation

Section M

V. COMMUNICATING INFORMATION REGARDING TRANSPORTATION

At the conclusion of the IEP meeting, fax a completed copy of the Data/Transportation Transfer Form

and page one of the IEP to the Special Education Support Office and mail a copy of the

Data/Transportation Transfer Form and a copy of page one of the IEP to the Special Education

Support Office.

VI. BUS ASSISTANTS

The IEP team determines the need for a health care assistant or a temporary support assistant on the

bus based upon assessed physical or medical needs or for safety issues due to existing student

behaviors which are a manifestation of the disability. When it is determined that a bus assistant is

required for student behaviors which jeopardize health and safety, those behaviors must be clearly

documented on the IEP and the IEP must include a behavior support plan and goals to decrease or

eliminate the behaviors. Decisions to assign a health care assistant should involve the school nurse

and/or doctor. Training will be provided to assistants to provide supervisory, hygienic, behavioral

and/or other personal services to students with disabilities being transported consistent with

requirements set forth in the Special Education Policies and Procedures Manual.

Bus Assistants assigned to provide supervisory, physical, hygienic, behavioral, and/or other personal

services to students with disabilities in accordance with the IEP while being transported by the District

may be assigned the following responsibilities, subsequent to training as necessary to execute the

responsibilities:

1. Use of unique medical or assistive equipment, including wheelchairs or gurneys that have

unique designs, configurations, or adaptations which may require special handling.

2. Working with students who exhibit behavioral difficulties.

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3. Working with students whose behavior support plan implementation may involve transportation

personnel.

4. Working with students who are medically fragile, those who require special health care and

assistance, or have other unique needs.

5. Working with students when a physician has requested climate control to address a specified

medical need.

6. Working with students for whom a physician has imposed a limitation on time on the bus to

address an identified medical need.

VII. FURTHER INFORMATION

Definitions

School-to-school special education transportation.

Transportation of students with disabilities from their school of residence, or a pick-up location within

the vicinity of the school of residence, to their school of attendance.

Home-to-school special education transportation.

Transportation of students between their home and the regular full-time day school they attend, as

provided by a school district or county superintendent of schools.

The payment of monies by a school district or county superintendent of schools to parents or guardians

of students made in lieu of providing transportation between their home and the regular full-time day

school they attend.

The transportation of pupils between the regular full-time day school they would attend and the regular

full-time occupational training classes they attend, as provided by a regional occupation center or

program.

School of residence.

The school the student would attend by his/her home address or child care address, if a childcare

permit is in effect.

School of attendance.

The day school that a student attends.

Non-resident school.

Any school that is not the student's school of residence.

VIII. EXCERPTS FROM TRANSPORTATION SERVICES FOR STUDENTS

WITH DISABILITIES (SCHOOL BUS DRIVER HANDBOOK)

The following information has been excerpted from Transportation Services for Students with

Disabilities (School Bus Driver Handbook), published by the Los Angeles Unified School District,

Transportation Branch, November 2001.

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SAFETY

General Safety Considerations

The school bus driver bears the responsibility of ensuring the safety and well being of all his/her

passengers. The major responsibility is driving students to and from school safely. Therefore, drivers

should:

• Not allow weather, traffic problems, or personal concerns to interfere with the safety of students;

• Get to know each student and his/her needs;

• Use his/her observations to plan for the safety of each student in the program;

• Meet the needs of students with disabilities whose day begins and ends with the bus ride;

• Discuss problems with parents, teachers, classroom or bus assistants, or the school nurse;

• Ask for help from school staff, Area Bus Supervisor, or Driver Trainer when necessary.

Drivers shall immediately bring to the attention of their immediate supervisors all pertinent facts related

to the safety of students with disabilities, e.g., wheelchairs that have not been inspected, designated

stops that are dangerous, or students who may need additional special equipment for safe

transportation.

Common Behaviors

Appropriate student behavior is necessary so the driver can concentrate on driving. As drivers get to

know their students, they will encounter some behavior problems. Students with disabilities, like other

students, may sometimes forget the rules, tease, and misbehave. Students with disabilities may

become disruptive. Some students with disabilities may behave in a way that is beyond their control.

Their behavior can pose a serious safety hazard during a bus trip. Some common problem behaviors

include:

• Emotional outbursts with no apparent cause;

• Resistance to change;

• Avoidance of other persons;

• Abnormal reactions to sound;

• Appearance of deafness or showing extreme oversensitivity to sound;

• Unrealistic response to danger;

• Hyperactivity;

• Lethargy;

• Abnormal eye contact;

• Obsessive attachment to objects;

• Inappropriate laughing or crying/tears;

• Lack of response to affection;

• Self-stimulative behaviors;

• Self-injurious behaviors;

• In rare cases, demonstrated hostility to other student(s).

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Behavior Control

Drivers can adapt techniques used by school staff members to control behavior in positive ways.

School personnel can help drivers develop plans to use with individual students. Suggestions for

drivers include:

• Be sure that the student knows exactly what he/she should do and how to do it.

• Give the student a chance to learn by doing.

• Keep instructions simple.

• Repeat instructions often, using the same words.

• Keep a steady routine. Example: Have the student sit in the same seat each day.

• When possible, tell the student ahead of time when a change is expected. Examples: The driver is

going on vacation or is adding a new student to the route.

• If a student makes a mistake, remind him/her what he/she should do and offer to help.

• Use positive statements, such as those that begin with "Do…" rather than "Do not…."

• Tell students when they do well.

Note

: If a student has a positive behavior intervention plan or behavior support plan developed by the

IEP team, the driver should be informed by the school administrator/designee of the plan, even though

a paraprofessional may have the responsibility for addressing the student's behaviors while the student

is being transported on the bus. As appropriate, the driver may be provided instruction or training for

implementation of the designated strategies to address the behavior. The driver shall not be required

to be responsible for implementing any areas of the positive behavior intervention plan that are

inconsistent with the California Highway Patrol requirements for safe operations of the vehicle.

Prohibited Interventions

Drivers are prohibited from implementing behavior modification plans that are not approved by the Area

Bus Supervisor and the school administrator or is not consistent with District policies. Behavior

modification plans should be discussed with parents and teachers and be consistent with the student's

IEP. Unless approved and specified in the IEP, the driver should never use food or candy as a

behavior modification stimulus. Corporal punishment is a prohibited intervention in all cases.

Responding to Severe Disruptions

Drivers must remember to stop the bus as soon as possible when a student's behavior is unsafe or

potentially injurious. To stop self-injury or injury to others, the driver may have to hold the student with

as much control as required to restrain the student until he/she calms down. As soon as possible, the

driver must notify the Area Bus Supervisor (ABS), teacher and/or parent about the student's

inappropriate behavior.

For ongoing problems, the driver, ABS, parents, and teacher should discuss and make plans for

correcting the behavior. The school administrator shall be included in any plan to suspend a

student with disabilities from the bus. Suspension from the school bus does not constitute

suspension from school. When a student with an IEP that includes transportation is suspended from

the bus, an alternative form of transportation must be provided at no cost to the parent or student.

Drivers should remember the following:

• Logical consequences produce a more lasting effect than punishments.

• Do not interpret resistance as stubbornness or naughtiness.

• A tantrum is more like an emotional storm than willful misbehavior. The student may not have the

emotional resources to communicate in any other way.

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The bus driver's handbook includes tables that describe techniques for working with students with

severe and nonsevere disabilities. Along with these suggestions, drivers must be patient.

Although it is often difficult to communicate with students with disabilities, many students with severe

disabilities, including those with hearing impairments, use and respond to hand motions. Also many

students with mental impairments learn some sign language used by those with hearing impairments.

Effective Communication

Effective communication is a requirement of the bus driver's job.

Communicating with Students

Every aspect of good communication skills is important with students with disabilities. The driver

should remember to follow these guidelines:

• Make sure only one person gives instructions.

• Use simple words and sentences to give directions.

Good Example: "Sit down."

Poor Example: "Settle down, right now!"

• Tell the student what you want him/her to do, not what you do not want him/her to do.

Good Example: "Come here." or "Buckle your seat belt."

Poor Example: "Don't go there." or "Don't unbuckle your seat belt."

• Do not give choices, unless you are willing to accept the student's choice.

Good Example: "Get on the bus."

Poor Example: "Are you ready to get on the bus?"

• Try to assess whether the student is paying attention.

• Allow time for the student to respond to the directions.

• If necessary, repeat the directions calmly.

• Avoid hurting feelings.

• Use good judgment in what you say around or about students.

• Be patient and supportive.

• Assist student only as required.

• Develop a strategy to communicate with students who do not speak or who do not speak your own

language. Use this strategy in emergencies. For example, communicate with the student through

another student or adult on the bus.

Communicating with Parents and Staff

Parents and school staff expect a professional approach to all communications concerning the needs of

children. Communications should be expressed as caring concerns aimed at problem solving. Factual

statements free of put downs, accusations, and anger will assist in achieving positive communication.

Positive communication with parents and teachers will aid the development of plans for handling

difficult situations. Good communication with parents and teachers supports a safe and pleasant bus

ride.

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Supportive Environment

A driver should provide a consistent environment on the bus. Simple things like assigning seats and

using a few simple rules appropriate to the mental ages of the students help create such a climate.

Drivers should expect students to behave properly and offer genuine praise when students exhibit good

behavior.

Students Who Are Medically Fragile

Many students with disabilities are medically fragile in different ways. Mishandling, placement on the

bus and the roughness of the bus ride may have significant impacts on their well-being. Drivers should

physically assist only those students who require such assistance and do so by means approved by the

school nurse, parent and supervisor. When assisting a child or moving a child using a mobility device

of any kind, the driver should use gentle, easy movements to avoid injury.

Students who are medically fragile should be placed on the bus where it best meets their needs. For

example, students with brittle bone disease should not ride in the back of the bus; they should be

placed near the front to avoid unnecessary bouncing. Students with frequent severe seizures should

be seated where the bus driver or bus assistant can observe them. Students with respiratory

equipment or tracheotomies should be seated near the bus assistant or health care assistant assigned

to them. Some students may need to have their wheelchair tilted in a reclining position during loading

and transportation. The IEP must specify the requirement for transportation with the wheelchair

in the tilted position and a forward facing bus must be used.

Common Emergencies

Drivers transporting students with disabilities must assist or care for students because of common

emergencies such as seizures, human bites, sudden illnesses, nose bleeds, emotional outbursts or

hair-pulling incidents. The driver should care for any injuries using the methods learned in the first aid

training required for school bus drivers. Drivers should remember the following guidelines:

• If a student is having a seizure, the driver should stop the bus and assist the student to prevent

injury. Do not put anything in the student's mouth. Remove harmful objects from around the

student. Loosen tight clothing around the neck. Note the length of the seizure. Monitor breathing.

For severe (lasting 5 minutes or more) or repetitive seizures, call for paramedics. Seizures lasting

over one and a half minutes may be normal for students. Immediately report seizures if the student

has no known history of seizures.

• Seat students subject to seizures where the driver can monitor them.

• Seat students who have a history of biting or pulling hair where they cannot injure others.

• Minor human bites should be washed with mild soap and covered with dressings. The injured

student should be seen by a doctor for evaluation.

• Sudden illness may require medical attention.

• Assist students with nosebleeds to pinch their nostrils together with a tissue or cloth until bleeding

stops. The student should lean forward (except for students who are required to be in a reclining

position) and breathe through his/her mouth.

• Appropriately seat a student who is experiencing an emotional outburst. In most cases, seat with a

friend for support (someone by whom he/she does not feel threatened). In extreme cases, seat the

student alone and away from the person involved in the outburst.

Do Not Resuscitate Orders

At this time, Do Not Resuscitate Orders

are NOT accepted by the District. If a Do Not Resuscitate

Order is requested and accepted, the Transportation Branch will work with District Nursing Services to

develop an appropriate plan.

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The bus driver is responsible for the safety of all students on the bus and must keep his/her first aid

skills current.

Transporting Medications

Medications can only be transported inside sealed, clearly labeled envelopes bearing the name of the

student, school, and teacher. The envelope must be handed directly to the driver. Medications cannot

be dispensed on the bus. The driver does not administer medications.

EQUIPMENT AND WHEELCHAIRS

District Requirements for Special Equipment

A student's IEP specifies which steps the District must take to fulfill the student's educational needs.

Specialized equipment may be required. When the IEP requires the use of special equipment, the

student may need the equipment during transportation. The Individuals with Disabilities Education Act

(IDEA) identifies transportation as a related service for education. Providers of related services must

honor the requirements of the IEP. As a result, transportation must accommodate the need to transport

or use any required special equipment. 13 CCR §1293 places responsibility for the condition and

repairs of the wheelchair, its wheel locks, and seat belt upon the owner (parent) of the wheelchair. The

IEP may require an ambulatory student to be restrained by a lap belt or safety vest.

Contract companies shall provide all equipment (except a wheelchair) required for the transportation of

students with disabilities on their buses.

Any change in special or medical equipment, or change in transportation as a related service, must be

changed on the IEP and Pupil Route Location (PURL) form. Sufficient notice must be given to

Transportation to avoid disruption of service. Changes include new, modified, and replacement

equipment.

District regulations are designed to further enhance students’ safety. Prior to the start of any

transportation program for a student confined in a wheelchair and prior to the use of a newly acquired

wheelchair of any type, the owner shall permit the ABS and/or other Transportation Branch personnel

to inspect the wheelchair. Any wheelchair transported on a bus in District service shall meet the

following requirements:

Restraining Belts. Restraining belts of webbing material with buckles that will not release unless done

so manually.

Disconnecting the Power. For electric wheelchairs, the driver must be able to disconnect the power

to the chair and roll the wheelchair freely to load and unload. The power shall remain disconnected

during loading, unloading, and transportation.

Securement. All equipment, motors, and other devices must be secured to the wheelchair or bus by

approved means to prevent accidental separation during loading, unloading, and transportation.

Equipment Secured on the Wheelchair. Oxygen tanks, respirators or other special equipment for

use by the student must be attached securely to the chair by means approved by the Safety Section of

the Transportation Branch.

Respirators and Suction Machines. If attached to the wheelchair, they must operate independent of

the source that powers the wheelchair.

Lap Trays. If detachable, the lap tray shall be removed from the wheelchair and secured appropriately.

If not detachable, the parent shall provide a pillow or padding to place between the student and the

edge of the tray.

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Inspection of Equipment

Before initiating a student's transportation program, the ABS or another designated member of the

Branch Staff must inspect each wheelchair or other equipment required by the IEP for use or availability

during transportation. Other designated staff may include a District Driver Trainer, the Assistant Area

Bus Supervisor, or the Transportation Services Manager. These supervisors will determine what

modifications or accommodations must be made in order to transport the wheelchair or other special

equipment. After the inspection, the Area Bus Supervisor or other designated staff will complete the

"Special Education Student Equipment Accommodation Request" form, number 78.299.

On the form, the Area Bus Supervisor will indicate any accommodation or modification that must be

completed before transportation will begin. After the owner has completed the modifications, the

supervisor will reinspect the equipment. When the wheelchair and the modifications meet the District's

safety requirements, the Area Bus Supervisor will complete and affix an inspection sticker to a visible

area on the wheelchair or equipment. This should be located out of the student's reach.

Sample Inspection Sticker:

Nonconforming Wheelchairs

If the wheelchair (or other equipment) does not conform to the safety requirements, the student cannot

be transported on the bus in the wheelchair. If an empty chair poses no safety problems for the other

students and the student can board the bus without the chair and ride safely on a bus seat, the chair

may be transported empty, with the student on a bus seat. If authorized by school personnel and the

ABS, an empty wheelchair may be transported by itself to school for repair. It is the responsibility of the

owner of the chair to correct any defects.

If Transportation personnel discover a defect in the wheelchair or other special equipment prior to the

start of a Transportation program, the District will provide the parent with a copy in writing of the defect

and the correction to be made.

State and Federal Requirements

Certain Federal, State and District regulations for students who are transported in wheelchairs on the

bus are designed to enhance student safety. CCR 13 §1293 requires that:

Securement of Pupils. Passengers shall be secured to wheelchairs by a restraining belt (lap belt)

while being loaded, unloaded and transported.

Securement of Wheelchairs. Wheelchairs shall be secured with fasteners of sufficient strength to

prevent the chairs from rotating, prevent the chair from leaving the floor in case of sudden movement or

to support the chairs in the event the vehicle is overturned.

Equipment or Wheelchairs. Wheelchairs shall be equipped as follows:

Wheelchair Locks and Restraining Belt

: Wheelchairs shall be equipped with wheel locks and a

restraining belt properly maintained by the owner of the chair. Electric wheelchairs transported on

LAUSD

W/C INSPECTION

123456

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school buses shall be capable of being locked in gear when placed on a school bus or shall have an

independent locking system capable of holding the wheelchair in place.

Batteries

: Batteries used to propel electric wheelchairs transported on school buses shall be both leak

resistant and spill resistant or shall be placed in a leak resistant container. Batteries shall be secured to

the wheelchair frame in such a manner as to prevent separation in the event of an accident.

Driver's Responsibility

Wheelchair/Equipment Inspections

Drivers shall verify that all special equipment and wheelchairs have been inspected as required. A

driver shall not accept any wheelchair or equipment that does not bear a properly completed Branch

Equipment Inspection sticker. When parents or students tell the driver they are getting a new chair or

equipment, the driver shall immediately notify the ABS. The supervisor will talk with the program

specialist, school staff, and parent/guardian concerning the change, and arrange to inspect the new

equipment. The driver shall not transport the new wheelchair or equipment until it bears the

properly completed sticker. The driver shall check all special equipment for compliance with all

requirements before loading for each trip.

Wheelchair to Fit on the Lift and Through the Emergency Exit Door

When transporting a wheelchair for the first time, the driver shall verify that he/she can load and secure

the wheelchair properly according to District procedures and requirements and evacuate the chair

through the emergency exit door. For buses with internal lifts, the wheelchair must fit on the lift and

allow enough room for the driver to ride on the lift with the student. For some external lifts, the Safety

Section may provide an exception for requiring the driver to ride on the lift. The driver is responsible for

knowing whether the lift has been exempted.

Lap Restraint

During the loading or unloading process and at all times during the transportation, a student confined to

a wheelchair shall be properly restrained by the seat belt, which must be securely attached to the chair.

On newer buses equipped with forward-facing wheelchair positions, the driver shall provide each

student confined to a wheelchair with the additional protection of the removable lap/shoulder restraint

system. However, if either the seat belt attached to the chair or the wheel lock(s) (brakes) are not

working properly, the driver shall not load the student confined in the chair. The driver shall neither

load nor transport the student in that wheelchair until the parent/owner has repaired the nonfunctional

equipment. If the student's condition does not permit him/her to load without the wheelchair, the

student shall not be transported.

Locking Devices on the Elevator Lift

During loading and unloading, the driver shall secure the wheelchair by effectively setting both wheel

locks (brakes) and elevating the ramp (positive locking device required by 13 CCR §1293) to an

appropriate angle.

The driver shall position one foot in front of the rear wheel of any wheelchair carrying a student on the

lift while raising or lowering the lift. The ramp must be capable of supporting the driver's weight.

Tie Downs

For transportation, the driver shall secure each wheelchair with no less than four securement straps (tie

downs) and shall use as many additional straps as necessary to secure the wheelchair. When the

wheelchair is equipped with transit options (fixed securement points), the driver is required to

use the transit options to secure the wheelchair. On buses equipped with forward-facing

wheelchair positions, the driver shall apply the additional straps provided for passenger restraints. The

driver shall not use these additional straps to replace any missing or nonfunctional seat belt nor as a

replacement for any missing strap required for the securement of the wheelchair. All wheelchairs shall

be placed in the orientation intended by the original school bus manufacturer.

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Oxygen Tanks

Drivers shall not transport oxygen tanks or cylinders unless the student's PURL specifies the

requirement for oxygen. The Area Bus Supervisor and Driver Trainer will inspect the tank or cylinder

before the supervisor assigns the student to a route. These District supervisors must designate the

means by which the driver will secure the oxygen tank or cylinder during transportation. The ABS will

arrange for the inspection with the Driver Trainer.

Number of Oxygen Tanks: A driver shall not transport more than one tank or cylinder of oxygen

for the student on the school bus. The drivers shall transport only the tank or cylinder which the

child will use or need available for use during transportation. For this application, the tank or cylinder is

in use even if the tank or cylinder is being transported for emergency use only. The driver shall not

transport any spare or additional tanks or cylinders, unless required by the student's IEP (PURL).

The parent/guardian is responsible for the transportation of any additional supply of oxygen for use at

school.

Oxygen Securement

: The driver shall ensure the securement of the tank or cylinder either directly on

the wheelchair of the student or to the bus seat occupied by the student. When the student occupies a

bus seat, the student shall sit in the rearmost bus seat. Oxygen must be placed away from heating

devices.

Storage

: By regulation, oxygen tanks and cylinders shall not be stored or transported in any enclosed

compartment or area such as the trunk or luggage compartment. School buses transporting students

with medically required oxygen are not required to display placards.

Oxygen Administration: The District assigns Health Care Assistants to ride with students who require

oxygen during transportation. The Assistant should sit either with or near the student. The Health Care

Assistant gives the student all care involving the use of oxygen. The driver is responsible for securing

the tank or cylinder. The driver does not administer oxygen or other medications

. The driver does not

suction tracheotomies.

Securing Equipment

The bus driver shall secure all such equipment before transporting it on the bus. Before assigning the

student on a route, the ABS will arrange an inspection of the equipment. The supervisor will determine

and approve the means by which the driver shall secure this equipment. The student's PURL must

specify the requirement for transporting such equipment.

Restraining Devices

Drivers shall use only those restraining devices required by a student's IEP. Before seeking permission

to use a restraining device (e.g., safety vest) to solve a behavior-related problem, drivers shall use the

appropriate behavior modification techniques discussed in Section VII of the Bus Drivers Manual and

Part 2 of the publication and also consult with the student's teacher, the parent, and the Area Bus

Supervisor for direction. A driver shall not arbitrarily apply a restraint to any student or require the use

of one. Restraints shall be used only with the parent's (guardian's) written approval.

Loading Requirements

Drivers are responsible for all of the following:

Inspection of the Bus Equipment

As part of the daily pre-trip inspection, each driver shall inspect the securement, condition, and/or

operation of all special equipment on the school bus including lifts, ramps, number and condition of

securement straps, elevator guards, warning buzzers and lights, belts, and child safety seat, etc.

Drivers shall inspect emergency exit ramps (newer buses) weekly.

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Family Equipment

Drivers shall not transport any wheelchair with a student seated therein which does not meet the

requirements of 13 CCR §1293 for wheel locks (brakes), seat belt, securement of batteries, condition or

securement of battery or does not meet District inspection requirements. This includes the presence of

the inspection sticker.

Lap Restraints

The driver shall not load any wheelchair unless the student is secured to the chair with a proper seat

belt.

Elevator Doors

Before beginning the loading process, the driver shall have secured the elevator doors in the open

position. The elevator doors must be properly closed and secured before moving the bus.

Attended on the Elevator

Drivers shall not leave any student confined to a wheelchair unattended on the lift (elevator) outside the

school bus [13 CCR §1293]. District policy requires the driver to ride up and down with all

students on all internal lifts (elevators) and all external lifts not immediately adjacent to the front

door of the bus. District buses with external lifts have the lift placed immediately adjacent to the front

entrance door. As soon as the elevator has reached floor level, the driver can enter the bus and be

with the student within a very few seconds. This procedure meets the requirements of 13 CCR 1293.

However, for all internal elevator lifts, the drivers shall ride on the elevator with the student

Manual Operation of Powered Wheelchairs

Drivers shall not operate the power unit of any powered wheelchair. The driver shall turn off the power

source of any power-operated wheelchair before placing the wheelchair on the lift. The student shall

not operate the powered chair during loading or unloading.

Use of Wheel Locks

Drivers shall secure both wheel locks (brakes) of any wheelchair before operating the lift. If an electric

wheelchair does not have wheel locks, the driver shall make sure the electric motor is off and the drive

wheels are locked in gear so the chair cannot roll.

Elevate the Ramp

Immediately after removing a wheelchair from the elevator, the driver shall fully elevate the elevator

ramp to minimize injuries to any passing pedestrian who might fall against the side of the bus.

Tie Downs

The driver shall secure each wheelchair with four securement straps designed to secure wheelchairs

and which conform to the requirement of 13 CCR §1293. On buses with forward-facing wheelchair

stations, the drivers shall also protect each student confined to a wheelchair with three-point passenger

restraints. Any exception to the use of the three-point passenger restraints must receive approval from

the Transportation Services Manager and the Regional Transportation Manager for the assigned route.

Drivers shall not use defective straps.

Recheck the Tie Downs

Before leaving the bus stop or the school loading zone, the bus driver shall recheck the securement of

all wheelchairs and special equipment to verify each is properly secured. If the driver notices or is

notified of any unusual movement of any special equipment or wheelchair, the driver shall immediately

stop and recheck the securement of the equipment or wheelchair.

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Tip Over

If a wheelchair or any other special equipment in which a student is confined tips over during

transportation, the driver shall stop at the scene and notify Dispatch immediately. The driver should

upright the wheelchair if it can be done without causing or increasing injury to the student. Contract

dispatchers shall immediately notify Bus Operations Dispatch.

Condition of Equipment

If a driver observes any unusual condition of any special education equipment or wheelchair that might

result in student injury, the driver should immediately notify the ABS or assistant.

Removal of Straps

The driver shall remove all securement straps from the floor and all three-point passenger restraints

from the wall when these items are not in use. The driver shall not attach these to the floor before

loading any wheelchair. The driver shall secure unused straps in a proper container or compartment.

Master Elevator Control Danger

Before proceeding on the route after operating the lift, drivers shall deactivate the lift operation

master switch on the driver's console. Failure to do this could result in a sudden emergency brake

application if a passenger were to lift the handle of any lift bus emergency door. This danger applies on

those lift buses designed to prevent vehicle movement when the lift doors open (all District lift buses).

Tilted Wheelchairs

When the student's condition requires the wheelchair to remain tilted during transportation, the

Transportation Services Manager and District Driver Trainer shall inspect the wheelchair to identify

means of securement, means to mark the chair for the degree of tilt, or other transportation issues.

This may require the reconvening of the IEP committee. Students with Muscular Dystrophy may

require transportation with the wheelchair tilted. Transportation must meet all IEP requirements stated

on the PURL.

School Loading Zones for Wheelchairs

Students waiting in wheelchairs to load at school should be positioned sideways, facing parallel to the

bus and each must be attended by school staff until the driver is ready to load the individual student.

While waiting, the wheel locks must be locked. Drivers should not accept responsibility for a student

left alone outside the bus. When unloading at school, each student should be handed directly into the

care of school staff.

Lap Restraints

The driver shall ensure that each student, who requires a lap restraint, has properly buckled his/her lap

restraint (seat belt) before putting the bus in motion. If necessary, the driver shall get out of the driver's

seat and assist the student. Drivers are responsible for instructing students in the proper use and

securement of seat belts/lap restraints.

Child Safety Seats

Preschool age children and infants are transported in child safety seats. The District provides child

safety seats meeting the requirements of FMVSS. Drivers are responsible for properly securing child

safety seats and infant safety seats to the bus seat and properly securing preschoolers and infants

before transporting. Infant safety seats should be secured in a rear facing position for a child up to 20

pounds and 1 year old. Infant safety seats are designed specifically for the needs of infants. A child

safety seat has the effect of reducing the passenger capacity of the bus because the child safety seat

requires a width greater than the 13 inches provided on the seat for each elementary student.

Therefore, the 39 inch bus seat designed for three students can accommodate only two child safety

seats. A bus seat rated for two students can hold only one child safety seat and no other passenger.

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Inspection After An Accident

Wheelchairs and Child Safety Seats that have been involved in a vehicular accident should be

reevaluated for safety of continued usage by a Transportation Branch supervisor before reuse.

NO ONE TO RECEIVE

This section covers the issues related to the absence of the adult at the school-to-home delivery point.

It explains the procedures the driver must follow to resolve the situation. A student with disabilities

cannot be permitted to leave the bus unless a designated adult receives him/her.

Absence of Designated Adult

If the adult fails to receive the student, a Notice of Safety Concern on School Bus, Form 78.50, will be

issued. Failure to receive the student from the bus may be considered child abandonment, neglect or

endangerment and will be reported as required by law. District personnel are required to report

suspected cases of child abandonment, neglect and endangerment. Transportation by school bus may

be suspended.

This subsection applies only to students with disabilities who receive curb-to-curb (home-to-school)

service between home (includes foster care, child care or residential care facility) and the receiving

school. The District does not require adults to receive students with nonsevere disabilities at any

delivery (return drop-off) designated at a school site.

An Adult to Receive

A designated adult must receive any student with severe or nonsevere disabilities at the delivery

location when the stop is at a home or child care location

. This does not apply when the student's pick-

up or drop-off site is designated at a school site or a Release of Responsibility is on file. An adult is a

person of 18 years of age or older.

A designated adult is the parent or guardian or any adult designated by the parent/guardian or the

school administrator. A parent or guardian designates other adults by listing their names, addresses

and telephone numbers on the appropriate form kept on file in the school office.

A home delivery (drop-off or bus stop) is any delivery location at a specified address where a bus driver

would expect a care-giving adult to be waiting for the student. Examples include the student's home, a

baby-sitter's home, a residential care facility or group home, a day care facility, or a therapist's office.

Stops at schools sites and intersections are not home delivery locations.

Generally, students with severe disabilities receive home-to-school transportation and, generally, they

must be met by care-giving adults. However, some students with severe disabilities may be receiving

training and education intended to prepare them for an independent life. Therefore, the District policy,

which requires an adult to receive each student with severe disabilities at the delivery location, provides

an exception known as a "Release of Responsibility.”

Release of Responsibility

A Release of Responsibility form may be authorized. If the school administrator and the

parent/guardian agree that the student is capable of walking from the school bus at the curb to the front

door and entering the home without adult assistance, they may file a Release of Responsibility form,

No. SE-61. Even when a Release of Responsibility has been authorized for a student with

disabilities, it is understood that an adult must always be present in the residence when the bus

arrives. The correctly executed SE-61 only relieves the adult from the requirement of showing

him/herself to the driver and it relieves the driver from the responsibility for seeing and identifying the

receiving adult.

Only the school administrator can legally provide these forms. Drivers shall not obtain copies of

these forms or offer them to parents. Drivers shall refer the parent/guardian to the school

administrator when questions arise about whether the student could be considered for a

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Release of Responsibility. Schools receive copies of the form for use from the District's Division of

Special Education.

A statement about the Release of Responsibility must be on the PURL.

After the District enters its information in the computer system, the drivers should receive a changed

PURL containing the statement(s), "RELEASE OF RESPONSIBILITY ON FILE" and/or "SE-61 ON

FILE." The Release of Responsibility is valid only until the end of the school year in which it is issued

and must be reauthorized for any subsequent school year.

A statement must be marked on the Route Card/Sheet concerning the Release of Responsibility. After

receiving a PURL bearing the statement "RELEASE OF RESPONSIBILITY ON FILE," the driver and

ABS shall plainly stamp in red ink "RELEASE OF RESPONSIBILITY ON FILE" on all sets of the route

cards (or plainly marked special education route sheets) for the student.

At the delivery location, when the route card bears the stamp (or the route sheet is plainly marked),

"RELEASE OF RESPONSIBILITY ON FILE," the driver need not wait to see an adult person before

permitting the student to exit. The driver shall permit the student to exit the bus and proceed home

unassisted. The driver shall ensure the student has entered the delivery location. After following

all other safety procedures and regulations, the driver will proceed on the route.

Driver Responsibility

Some students require an adult to receive them at the stop. When the District determines that a

student is incapable of caring for him/herself, either a parent or guardian or an authorized adult must be

at the delivery stop to receive the student. The driver must see the adult receiver before releasing

the student. The driver shall exercise all due diligence and care regarding the release of

students with disabilities.

The driver and supervisor must make sure the name of the adults approved to receive the student are

listed on the student's route cards. The driver should release the child only to those persons. The

person receiving the student shall promptly make his/her presence visible to the driver when the bus

arrives.

The driver shall not discharge the student from the bus (even to knock on the door) when the receiving

person does not make his/her presence visible. In many cases, the driver must assist the student

directly into the hands of the adult receiver. At no time may the driver sound the horn as a method

of gaining the attention of the receiving adult. This would be in violation of VC §27001.

No One Home to Receive

This is the actual procedure to follow.

First Attempt to Deliver

On the first attempt to deliver the student, if no adult is home (at the delivery stop) to receive the

student, the driver shall initiate the following procedure:

Step I

Notify Bus Operations Dispatch. If no one is visible at home to receive the student, the driver

shall contact Bus Operations Dispatch over the radio. Contract drivers call their company's dispatch

over the radio.

If the radio does not work, the driver shall find a telephone and call (323) 227-4488 or 1-800 LA

BUSES. The driver shall use a telephone that permits him/her to keep the bus and students in

sight.

(1) Driver's Responsibility

The driver shall tell the person receiving the call that he/she has a "No One Home To Receive"

situation. Whether by telephone or by radio, the driver must provide the following information:

• Route number

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• Receiving school

• Student's name, address, telephone number

• The time they first arrived at the stop

• How many students are aboard

• Estimated time to arrive back at student's home after dropping all other students

The dispatcher will instruct the driver either to return to the student's home after delivering all

the other students or to deliver the student back to his/her school. In most cases, the driver will

deliver all the other students and then return to the student's home.

(2) Dispatcher's Responsibility

After receiving the driver's report of a "No One Home to Receive," the dispatcher immediately

notifies the school administrator and the ABS. The dispatcher forwards a copy of the report to

the school and the ABS.

(3) School Administrator's Responsibility

After receiving the call from Bus Operations Dispatch, the school administrator or designee

verifies the student's information on the student's Emergency Card and attempts to locate the

parent/guardian. The administrator must remain on duty until the situation involving the student

has been completely resolved. The school administrator monitors the history of the students

within his/her charge and makes decisions concerning the well-being of the students.

(4) ABS's Responsibility

The ABS monitors the records of students transported on routes in his/her area and consults

with the school administrator.

Step II

Follow Directions from Dispatch

Drivers shall follow directions given by a District supervisor. The Dispatcher instructs the

driver either to take the student back to school or to deliver the other students and return to the

student's home. Drivers shall notify the dispatcher of critical time factors (e.g., Late-Bus

assignments, other trips, etc.) to permit trip reassignment if necessary.

Second Attempt to Deliver

If no adult is visible on the second attempt to deliver, the driver shall follow this procedure:

(1) Knock on the Door

The driver should try to determine if the adult is present. If safe and while keeping the bus and

student(s) aboard in his or her sight, the driver shall properly secure the bus and try to knock on

the door.

(2) Review the Route Cards (Sheet)

The driver should review the route card or route sheet for the name and address of another

person authorized to receive the student in the parent's absence. The driver shall not leave the

student in the care of a neighbor unless the neighbor's name appears on the route card (or

route sheet) or Bus Operations Dispatch or the Area Bus Supervisor directs the driver to do so.

(3) Written Notice to the Parent

The driver may leave a written message to notify the parent of the attempts to deliver the

student. The driver may complete the "Notice of Safety Concern on School Bus" (form 78.50),

however, the driver shall not suspend

the student's transportation because of the

parent's failure to follow procedures. The driver shall also distribute copies of the form to

the school administrator and the ABS.

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(4) Notify Bus Operations Dispatch

The drivers shall notify Dispatch over the radio of the failed second attempt to deliver the

student. The driver shall follow instructions from Dispatch.

a. Dispatcher's Responsibility

The District Dispatcher shall immediately notify the school administrator that the driver is

returning the student to the school. Contract dispatchers shall notify Bus Operations

Dispatch at each step of this procedure.

b. School Administrator's Responsibility

The administrator or designee shall receive the student at the school and remain with the

student until the situation is resolved. The administrator may release the driver if he/she has

located the responsible adult and no longer needs the driver to transport the student.

Return the Student to School

The driver may be instructed to return the student to school. When directed, the driver shall return the

student to the school of attendance. The driver shall remain there until the situation is resolved or the

school administrator has released the driver. If the administrator releases the driver, the driver

shall immediately notify the dispatcher and make a note of the school administrator's name and

the time.

Delivering After Dark

A third attempt may be made to deliver the student as follows: when the administrator has located the

responsible adult, he/she may direct the bus driver to deliver the student for the third time. If it is now

after dark, or it will be dark by the time the bus reaches the student's home, the school administrator

shall ride on the bus with the driver and student. The driver shall not be required to deliver the

student unaccompanied after dark.

Successful Delivery

Upon successful delivery of the student to the responsible adult on either the second or third attempt,

the driver shall immediately notify Dispatch

that he/she has done so. The dispatcher shall then notify

the school administrator, if applicable. A contract dispatcher shall immediately notify Bus

Operations Dispatch.

Midday Routes

On a midday run if no adult is home on the first attempt, the driver shall return the student to school

before the time for the next trip. The driver shall remain in contact with Dispatch for instructions.

Student Reveals Absence of Parent

The driver must be prepared to handle situations where the student with an authorized Release of

Responsibility reveals that he/she will be at home alone or cannot enter the home. At the delivery point

the student may state he/she cannot find his key or may tell the driver his/her parent does not get home

until a later time. The driver now suspects that there may not be an adult in the residence. In other

cases, the adult's motor vehicle may not be present at the site. He/she should confirm the absence of

the adult with the disabled student and then notify Bus Operations Dispatch. The situation would be

handled as a No One Home to Receive. It is understood that there will always be an adult at the

residence when the student with a Release of Responsibility on file arrives.

BEHAVIOR ON THE BUS

The safe transportation of students requires responsible behavior by all persons who ride school buses.

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Students who do not follow the regulations may be counseled or denied transportation. The District has

developed procedures to insure safe transportation of all riders. The following is a summary of these

procedures.

Informing Students

The driver will inform students of the bus rules and procedures to follow. The driver will discuss issues

of misconduct with the students on the first or second incident in conjunction with the school.

Violations of the Bus Rules

Violations will be discussed with the student by the driver and, if necessary, with the ABS and school

administrator.

Warning Notices

The driver will issue a warning on the NOTICE OF SAFETY CONCERN ON SCHOOL BUS, form

78.50. The original of this form must be signed by the parent or guardian and returned to the driver. A

copy will be given to the school administrator for possible student counseling and additional parent

notification. Parents may request a conference with school and transportation staff anytime a student

receives a notice on this form.

Continued Misconduct

Continued misconduct on the bus may result in the temporary suspension of the student's riding

privileges. All such instances will be reviewed and authorized by the school administrator. These

suspensions generally do not exceed three days.

Suspension from Transportation

Suspension from transportation does not mean suspension from school unless so indicated by the

school administrator. If suspended from the bus but not from school, transportation must be provided

to the student by alternate means determined by the principal and ABS. For students with

disabilities, suspension and/or denial from school and/or bus transportation may result in the

reconvening of the IEP team.

Conduct that Seriously Jeopardizes the Safety of Students

Conduct that seriously jeopardizes the safety of students on the bus may result in immediate

suspension of bus transportation. This may result in the reconvening of the IEP team.

Vandalism

Parents or guardians will be held financially responsible for damage to property caused by their children

or wards.

Bus Safety Rules

All students must obey these safety rules.

• A student must remain seated, facing forward at all times.

• A student must keep all parts of his/her body in the bus.

• While on the bus a student may speak quietly with the student beside him/her. Loud conversation

can distract the driver from driving safely.

• A student will not be permitted to smoke, eat, chew gum, drink, fight, or swear while on the bus.

Gang signs and obscene gestures are prohibited.

• Large or hazardous objects and weapons are prohibited. Animals not specified in Civil Code §54.2

are prohibited on the bus.

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• Except for required and approved behavior modification devices, personal electronic devices such

as laser pointers, pagers, cell phones, radios, CD players, cameras and hand-held games are not

permitted on the school bus. This list is not all-inclusive.

If a student brings prohibited items on the bus, the driver should escort the student into the school office

and report the incident to the school principal. The driver should not confiscate the item but should use

effective communication to get the student to place the item in a safe, secure location during

transportation.

Exiting the Bus

When exiting the bus, each student must:

• Exit the bus only at his/her designated stop.

• Provide a written authorization approved by the school administrator and the ABS when a different

stop is needed for an emergency

in the afternoon.

• Remain seated until the bus has come to a complete stop and the door is opened.

• Follow the instructions of the driver for the unloading sequence.

• Hold the handrail for balance and safety while walking down the steps or while riding on the

wheelchair elevator.

• Upon reaching the ground, move away from the bus and stay away from the curb as the bus leaves

the bus stop. Stay out of the Danger Zone.

• Tell the bus driver if he/she will be crossing the street. Follow the bus driver's instructions for

crossing the street and cross the street only in front of the bus. Do not cross the street diagonally.

TRAINING FOR BUS PERSONNEL

Bus drivers are trained in the following areas:

• The student's right to transportation as a related service component of a free appropriate public

education (FAPE).

• Necessity of and methods for effective and frequent communication between driver and school

staff.

• Creating a positive environment on the bus that encourages appropriate behavior in students.

• Indicators for seeking assistance from school staff in maintaining appropriate behavior that ensures

safety.

• Cooperative working relationships between the bus drivers and other non-credentialed personnel to

support a team effort on the bus.

• Writing accurate and effective reports.

• The IEP process and the positive behavior intervention plan.

• Keeping logs and recording factual information.

• Safe riding practices.

• Emergency evacuations.

• Control and management of confidential student information.

• Alternative modes of transportation to be implemented when and if a student with disabilities is

temporarily or otherwise prohibited from riding the bus.

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EVELOPING ACADEMIC AND

FUNCTIONAL INDIVIDUALIZED

EDUCATION PROGRAM GOALS

PURPOSE

The purpose of these guidelines is to provide Individualized Education Program (IEP) teams with

criteria for developing standards-based IEP goals. IDEA 2004 requires that the IEP include a

statement of measurable goals, including academic and functional goals, designed to meet the

student’s needs and enable the student to be involved in and make progress in the general education

curriculum. This requirement applies to all students with disabilities regardless of their course of study

or how they participate in State and District-wide assessments.

FOR FURTHER ASSISTANCE: Please contact the Special Education Support Unit Administrator.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY...........................................................................................................237

II. DETERMINING WHETHER A STUDENT WILL PARTICIPATE IN THE GENERAL OR ALTERNATE CURRICULUM..........237

III. PROVIDING ACCESS TO CONTENT STANDARDS FOR STUDENTS WITH DISABILITIES...............................................238

IV. ALIGNING GOALS TO CONTENT STANDARDS...................................................................................................................238

V. STEPS FOR WRITING IEP GOALS AND OBJECTIVES REFERENCED TO STANDARDS..................................................238

VI. DEFINITIONS..........................................................................................................................................................................239

2007 Manual Revisions:

 I. IEP teams must develop functional IEP goals for all students which support daily living,

personal, social and/or employment skills.

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

It is the policy of the Los Angeles Unified School District that Individualized Education Program (IEP)

teams develop academic, standards-based IEP goals based on grade-level content standards for

students instructed in the general curriculum, or functional academic IEP goals based on alternate

achievement standards at the student’s level of functioning for students instructed in the alternate

curriculum. IEP teams must also develop functional IEP goals for all students which support daily

living, personal, social and/or employment skills.

It is the responsibility of the IEP team to determine whether a student will participate in the general

curriculum or alternate curriculum, which then determines what standards are used to assist in

developing appropriate goals. This decision is based on age appropriate academic and/or functional

assessments.

II. DETERMINING WHETHER A STUDENT WILL PARTICIPATE IN THE

GENERAL OR ALTERNATE CURRICULUM

The IEP team is responsible for determining the course of study for every student based on individual

need and age appropriate assessment. General education curriculum is the course of study for all

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students expected to meet diploma requirements. Alternate curriculum is the course of study for

students who are working on alternate achievement standards and is designed for students with

significant cognitive disabilities. Alternate achievement standards are aligned with and modified from

general education grade level content standards.

III. PROVIDING ACCESS TO CONTENT STANDARDS FOR STUDENTS WITH

DISABILITIES

Access to the general education curriculum or the alternate curriculum as appropriate, is vital to the

success of students with disabilities. Academic IEP goals aligned with grade level content standards

provides students with disabilities, instructed in the general curriculum, an opportunity to receive access

to and instruction in grade level content and achieve at grade level. For students instructed in the

alternate curriculum, functional IEP goals aligned with alternate achievement standards provides them

an opportunity to access these content standards to their level of functioning.

IV. ALIGNING GOALS TO CONTENT STANDARDS

Annual goals are statements which describe what the student can be expected to do, generally, within

a twelve-month period. Measurable academic and functional goals must be developed in identified

areas of need based on assessment.

As previously stated, all academic goals must be aligned to content standards. Goals developed by

related service providers are also aligned to the content standards, whenever possible. Students with

severe disabilities working in an alternate curriculum must have goals aligned to alternate

achievement standards as outlined in the alternate curriculum guide.

Goals that can not be linked to content standards, i.e., functional goals for students on the general

education curriculum, may need to be developed in performance areas that are not directly linked to

curriculum content (e.g., behavior, social skills).

V. STEPS FOR WRITING IEP GOALS AND OBJECTIVES REFERENCED TO

STANDARDS

The academic IEP goals and objectives are the plan for bridging the gap between where the student

is currently performing and where he/she needs to be in relation to grade appropriate standards or

functional level for students instructed in the alternate curriculum. IEP teams should consider the

following guidelines in developing goals and objectives.

Step 1 Identify the current level of performance using assessment measures (SOAR data,

periodic assessments, informal assessments, curriculum-based measurements, etc.)

Step 2 For students instructed in the general curriculum, identify the grade-level standard that

needs to be mastered, at the student’s current grade level not the student’s

performance level, based on identified need from the present level of performance.

The standards for reading, writing, and math can be accessed through the goal bank

on the Welligent IEP system.

For students instructed in the alternate curriculum, identify the alternate achievement

standard that needs to be mastered based on the need identified in the present level of

performance. Alternate standards for reading, English language arts and math can be

accessed through the goal bank on the Welligent IEP system.

Step 3 For students instructed in the general curriculum, select the appropriate grade-level

annual goal from the goal bank based on the student need and on expected level of

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achievement in one year. Use the conditions and mastery level to personalize the

goal.

For students instructed in an alternate curriculum, select the appropriate annual goal

from the goal bank, based on student need and on expected level of achievement in

one year. Use the conditions and mastery level to personalize the goal.

Step 4 Develop two measurable objectives connected to the goal that will lead to goal

achievement. Objectives can be based on lower grade level standards for students

instructed in the general curriculum.

VI. DEFINITIONS

Alternate Assessment A state assessment instrument, California Alternate Performance

Assessment (CAPA), used for students who due to the severity of their

disability, are instructed in the alternate curriculum.

Alternate Curriculum Curriculum guides for teachers to use for instructing students who are

accessing alternate achievement standards, e.g., Life Skills Curriculum

(secondary), Adapted Core Curriculum Guide.

Benchmarks Statements of what students should know at a specific grade level.

Benchmarks allow for tracking a child’s progress in school and help

determine if a child’s educational program is appropriate.

Content Standards What students are expected to know and be able to do in each subject

area and grade level.

ELD Standards English language development standards are designed to supplement

the English Language Arts (ELA) standards and delineate the proficiency

levels required to move through the levels of English language

development. They are designed to move all students into the

mainstream English Language Arts curriculum, regardless of their

instructional program and ensure that English learners develop

proficiency in both the English language and the concepts and skills

contained in the ELA standards.

Essential Standards Standards that identify specific content critical to the student’s program

throughout the curriculum. Essential standards are emphasized on

Standardized Testing and Reporting (STAR) programs.

Functional Academics Courses of study for students on the alternate curriculum that support a

student’s transfer of learning to real world activities.

High Stakes Test Tests used such as Standardized Testing and Reporting (STAR)

programs and exit exams used in making educational decisions about

whether students will be promoted, retained and/or will receive a high

school diploma.

Performance Standards Specific knowledge and skills that students are expected to demonstrate.

Standards General statements of what students should know or be able to do as a

result of education.

Page 240 of 358

Page 241 of 358

GUIDELINES FOR THE IEP TEAM

EVELOPING COLLABORATIVE

SERVICES IN THE INDIVIDUALIZED

EDUCATION PROGRAM (IEP)

PURPOSE

These special education guidelines have been developed to assist Individualized Education Program

(IEP) teams to develop IEPs that include collaborative services provided by special and general

education teachers for students with disabilities.

FOR FURTHER ASSISTANCE: Please contact the Special Education Support Unit Administrator or

the Division of Special Education at (213) 241-6701.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY...........................................................................................................241

II. DESCRIPTION OF COLLABORATIVE SERVICES .................................................................................................................241

A. Layer 1: Co-Planning .................................................................................................................................................242

B. Layer 2: Co-Teaching.................................................................................................................................................242

C. Layer 3: Direct Services Non-Intensive: Learning Center...............................................................................................242

D. Layer 4: Direct Services: Intensive ..............................................................................................................................243

III. IEP TEAM PROCEDURES......................................................................................................................................................243

2007 Manual Revisions:

 III. Indicate the collaborative service delivery model recommendation, including a summary

statement, on page 12 of the IEP.

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

Special Education is specially designed instruction and supplementary aids and services provided to

students with disabilities. It is Los Angeles Unified School District policy that students with disabilities,

including those in public or private institutions or other care facilities, are, to the maximum extent

appropriate, educated with their non-disabled peers. IEP teams are to consider the general education

classroom first in exploring the best setting for the delivery of special education services to students

with disabilities. Collaborative services between general and special education is one strategy for

educating students with disabilities with their non-disabled peers and providing access to the general

curriculum.

II. DESCRIPTION OF COLLABORATION

Definition: Collaboration describe the unique combination of supports and services needed by students

with disabilities to progress in rigorous content instruction. Services may include any blend of the

following:

Layer 1: Co-planning between the general and special educator;

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Layer 2 ; Co-teaching;

Layer 3: Direct services non-intensive (Learning Center);

Layer 4: Direct services intensive (Learning Center or Special Day Program).

The foundation of collaboration rests on the connection to grade-level standards, instruction in general

education classes, and ongoing dialogue between colleagues.

Students with disabilities are supported in multiple ways. It is the role of the IEP team to determine the

layers of support a student needs to progress in rigorous content curriculum. The following descriptions

will assist teams in identifying and describing student supports.

A. Layer 1: Co-Planning

A process by which two teachers plan, analyze, modify, and evaluate the instruction and outcomes for

students. This service is provided indirectly to students and consists of regular review of student

progress, accommodations and modifications of core material, and modeling of instructional practices

between the special education and general education teachers.

B. Layer 2: Co-Teaching

Co-teaching is a process by which general and special education teachers work together to teach

students with and without disabilities in a shared classroom. Both are responsible for the planning and

delivery of instruction, student achievement, assessment, and discipline. Students receive age-

appropriate academics, support services, and possibly modified instruction. This layer provides ongoing

communication between educators and a lower student-to-teacher ratio. The teachers may use any of a

variety of formats to facilitate the process. These may include:

1. Cooperative Teaching

: One teacher has the primary responsibility for leading the instruction while

the other team member supports instruction by modeling strategies, charting, adding questions,

clarifying information, prompting students, etc.

2. Station Teaching: The co-teachers divide the instructional content and each takes responsibility for

planning and teaching part of it. Students move from station to station according to a predetermined

schedule.

3. Parallel Teaching

: The teachers jointly plan the instruction, but each delivers it to a heterogeneous

group comprised of half of the students in the class. Teachers do not change groups. All students

receive essentially the same instruction.

4. Shadow Teaching or Alternative Teaching: Alternative teaching is a strategy for providing highly

intensive instruction to a small select group of students based on assessed need. It is an

opportunity to preteach or reteach material presented in the lesson.

5. Team Teaching or Duet Teaching

: Both teachers collaboratively share the instruction of all

students. This involves shared planning and a high level of mutual trust.

C. Layer 3: Direct Services Non-Intensive, Learning Center and General Education

Non-intensive direct services are those provided directly to students based on identified need. This

layer of service can be provided either within the general education class or outside of the general

education class through the use of the Learning Center. A Learning Center is a place where students

receive instruction in access strategies, targeted intervention in identified areas of need, and ongoing

monitoring of student success. The use of the Learning Center in this method requires immediate

intervention and instruction tied to the general education standards and instruction. It is not designed to

be ongoing but to address specific needs as they arise in standards-based instruction.

Example: The special education teacher might pull flexible groups of students, based on ongoing

assessment, for individual and small group instruction. This instruction directly correlates with the

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general education instructional program and is based on ongoing joint assessment between the general

and special education teachers. At the elementary level this might occur before, during, or after the

Open Court Reading Independent Work Time. At a secondary school this might occur during short

periods of time during class or on alternate days as needed for the students.

D. Layer 4: Direct Services, Intensive

Intensive direct services most often occur outside of the general education class and provide an

intensive level of instruction in conjunction with instruction in grade-level content standards. This level

of service is intensive, explicit, and occurs for longer periods of time in the Learning Center. At the

secondary school level, students may be enrolled for an elective period. At the elementary school level,

students might use the Learning Center daily for intensive levels of targeted intervention at the

appropriate skill level. Students served in special day programs may participate in the Learning Center

to support integration activities.

III. IEP TEAM PROCEDURES

It is the responsibility of the IEP team to consider that students with disabilities, including those in public

or private institutions or other care facilities, are, to the maximum extent appropriate, educated with

their non-disabled peers. One of the ways to achieve that is by the development and implementation of

collaborative services.

In determining the collaborative services appropriate to meeting the unique and individual needs of

each student, the IEP team shall document the following on the IEP:

Section G

Annual Goals and Objectives, Responsible Personnel

In a collaborative service model, both the general and special educator are responsible for

instruction toward standards-based goals. Indicate this by checking both general and special

education teacher.

Time and Frequency of Service

A range of services is provided (1-5 times per week) to allow maximum flexibility between

collaborative teams based on student need.

Note

: Each resource specialist and/or related services provider shall maintain documents that track

the frequency of contact and total number of minutes of service per week or month.

Section I

Supports for Participation in General Education Activities

Indicate the accommodations and/or modifications the student needs to access all school and

extracurricular activities, e.g., lunch, nutrition, clubs, field trips, computer labs, and after-school

activities. These supports fall into three main categories: access to the environment (e.g., early

dismissal to allow time to get to lunch), personnel (e.g., paraprofessional, peer buddy), and

equipment (use of calculator or Alpha Smart). Identify the appropriate personnel responsible for

providing these supports (e.g., special education teacher, general education teacher or

paraprofessional, yard aide, or peer buddy).

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Section J

Standards-Based Promotion

Instructional Accommodations: Instructional accommodations do not

alter or change what is being

taught or tested, but rather give the student access to grade-level material. In this section, indicate

the instructional accommodations a student needs to access the core curriculum. These should be

related to the area of need identified in the current level of performance and might include:

paragraph frames, reading buddies, graphic organizers, graph paper, books on tape, or shortened

assignments.

Instructional Modifications: Modifications do

alter or change what is being taught or tested and are

recommended to enable the student to access the core curriculum. As with accommodations, the

need for modifications should be related to the area of need identified in the current level of

performance.

Section M

IEP Team Recommendations: Instructional Setting

Identity which program is responsible for providing special education services.

Instructional Setting IEP Documentation

Resource Specialist

Program (RSP)

Select this option for students who require support for less than 50%

of their school day. Support can be provided in a number of

environments including the general education class. Both General

Education and Resource Specialist Service should be checked with

this option.

Special Day Program (SDP)

Select this option for a student who requires support for the majority

of the day. Support can be provided in a number of environments

including the general education class. Only Special Day Program

should be checked with this option.

General Education with

Inclusion Support

Select this option for students with moderate to severe disabilities

who participate in general education classes 100% of the day with

support provided by an Inclusion Facilitator within that environment.

General Education with Inclusion Support should be checked with

this option.

Percentage of Time per Week in Special Education

This section refers to the instructional setting where services are provided.

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Page 12

IEP Team Information

Summary Grid

Summary Statement

The IEP must contain a summary offer of FAPE including a description for the placement for each

student. The description of placement should include a description of the services to be provided,

service providers, and the frequency and total number of minutes of collaborative services provided on

a weekly or monthly basis in addition to the other required elements of the offer. One way to ensure

you addressed all the areas of a summary statement is to check for the following elements, who, what,

where, when, and how. If all are clearly stated your statement should be compliant.

Examples

“Student will receive special education services in the general education classroom. Services will

consist of co-planning between special and general education teachers for language arts instruction.

Services will be provided at least x times per month for a total of x minutes per month.”

“Student will participate in the general education classroom for 100% of the day. Special education

services will consist of co-teaching between the general education and resource specialist teachers for

math instruction. Services will be provided at least x times per week for a total of x minutes per week.”

“Student will receive special education services for language arts and math instruction in the general

education classroom consisting of co-teaching between special and general education teachers.

Student will also receive occasional targeted intervention for language arts in a Learning Center taught

by a special education teacher. A combination of these services will be provided 2-5 times per week

for a total of x minutes per week.”

“Student will receive special education services for writing instruction in a Learning Center taught by a

resource specialist teacher. Services will be provided x times per week for a total of x minutes per

week.”

“Student will receive services in a special education classroom taught by a special education teacher

for the majority of the school day. Student will receive 2 periods of instruction for math and an elective

course in the general education classroom taught by general education teachers.”

“Student will receive special education services through the Resource Specialist Program in the

Learning Center for one period per day. Instruction will focus on strategies for accessing the core

curriculum by the Resource Specialist Program. All academic subjects will be taught in the general

education classroom with support from the RST through co-teaching and co-planning at least two days

per week in English and Math.”

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Page 247 of 358

GUIDELINES FOR THE IEP TEAM

ISCIPLINARY PROCEDURES FOR

STUDENTS WITH DISABILITIES

PURPOSE

The purpose of this document is to provide guidance to schools when considering disciplinary actions

involving a student with disabilities eligible for special education services. The information provided is

intended to supplement and clarify District policies and procedures regarding suspension and

expulsion.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY...........................................................................................................247

A. Students Identified as Students with Disabilities under the Individuals with Disabilities Education Act (IDEA) .....................247

B. Students Not Identified as Students with Disabilities under the IDEA.......................................................................................249

II. SUSPENSION...........................................................................................................................................................................249

A. Alternatives to Suspension.........................................................................................................................................................249

B. First Suspension........................................................................................................................................................................ 250

C. Second Suspension................................................................................................................................................................... 250

D. Five or More Days of Suspension.............................................................................................................................................. 250

III. EXPULSION.............................................................................................................................................................................251

A. Overview of the Expulsion Analysis (Manifestation Determination) Process ....................................................................251

B. Expulsion Considerations.........................................................................................................................................................252

C. Outcomes Of The Pre-Expulsion IEP Meeting .............................................................................................................253

D. Appeal of Disciplinary Action through Due Process Proceedings ...................................................................................254

E. Follow-Up Actions.....................................................................................................................................................254

2007 Manual Revisions:

 III. Change in expulsion considerations.

 III. Criteria for unilateral implementation of 45 day alternative interim placement.

 III. Placement during appeal of disciplinary action through due process.

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

A. Students Identified as Students with Disabilities under the Individuals with Disabilities

Education Act (IDEA)

Students with disabilities are expected to follow the behavioral expectations/codes of conduct specified

in the District’s Parent Student Handbook. The behavioral expectations/codes of conduct should be

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taught, enforced, advocated and monitored with all students so that s/he is aware of what behavior is

expected at school. If a student with disabilities is having behavioral problems at school, parents or

school personnel may request assessment to determine the function of the student’s behavior and

appropriate strategies to teach and support replacement behavior. Following assessment, an IEP team

meeting is held to discuss appropriate instruction, behavioral management techniques, and behavioral

supports to assist in improving the student’s behavior. If the behavior is serious, school site personnel

are required to work with a Behavior Intervention Case Manager (BICM) to determine if the behavioral

assessment should be a Functional Analysis Assessment. Findings from a functional behavior

assessment (FBA) are used to develop or modify a Behavior Support Plan (BSP). If the assessment is

a Functional Analysis Assessment, the team may design a Behavior Support Plan (BSP) or a Behavior

Intervention Plan (BIP).

School personnel may remove a student to an appropriate interim alternative educational setting

(IAES), for not more than 45 school days without regard to whether the behavior is determined to be a

manifestation of the student’s disability, in cases where a student carries or possesses a weapon,

knowingly possesses or uses illegal drugs, sells or solicits the sale of a controlled substance, or inflicts

serious bodily injury upon another person while at school, on school premises, or at a school function.

In such instances, the IAES will be determined by the student’s IEP team.

If school personnel recommend a change in placement (e.g., suspension, IAES or expulsion) that

would exceed 10 school days, an IEP team meeting is to be held as soon as possible, but no later than

within 10 school days, to determine whether the behavior that gave rise to the violation of the school

code was a manifestation of the student’s disability. If the IEP team determines that the behavior was

not a manifestation of the student’s disability, the school may discipline the student in the same manner

in which it would discipline students without disabilities. If the discipline involves a change of

placement, the new placement will be determined by the IEP team.

If the IEP team determines that the behavior was a manifestation of the student’s disability or the

expulsion case is heard and not recommended for expulsion, the student will be returned to the

placement prior to the disciplinary action unless the District and parents agree to a change in

placement, or the District has removed the student to an IAES due to behavior involving a weapon,

illegal drugs or infliction of serious bodily injury. If the behavior does not involve a weapon, illegal drugs

or infliction of serious bodily injury, the District may request a hearing if it believes that maintaining the

current placement is substantially likely to result in injury to the student or others. In making a

determination in such a hearing, a hearing officer may order a change in placement to an appropriate

IAES for not more than 45 school days.

If the District removes a student with disabilities from a placement as result of disciplinary action, the

District must continue to provide educational services so as to enable the student to continue to

participate in the general education curriculum and to progress toward meeting the goals in the

student’s IEP. The District must also provide, as appropriate, a functional behavior assessment,

behavior intervention services and modifications that are designed to address the behavior so that it

does not recur.

Note: These guidelines do not apply to students with disabilities with a Section 504 Plan. See the

District guidelines for disciplinary procedures on suspension and expulsion for students with Section

504 plans.

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B. Students Not Identified as Students with Disabilities under the IDEA

A student who has not been determined to be eligible for special education services and who has

violated the codes of conduct may assert the protections available for students with disabilities if the

District had knowledge that the student was a child with a disability prior to the behavior that

precipitated the disciplinary proceedings. The District is deemed to have knowledge if:

1. The parent has expressed concern in writing to District supervisory or administrative personnel that

the student is in need of special education and related services;

2. The parent has requested a special education assessment of the student;

3. A teacher of the student, or other district personnel expressed specific concerns about a pattern of

behavior demonstrated by the student directly to the school-site director of special education, or

other district supervisory personnel.

If the District did not have prior knowledge that the student was a student with a disability, the student

may be disciplined in the same manner as a student without disabilities.

If an assessment is requested while a student is subject to discipline, the assessment is to be

conducted in an expedited manner. While the assessment is pending the student shall remain in the

educational placement determined by school authorities. If an IEP team determines that the student

is a student with a disability, the IEP team designs an appropriate IEP and the school is to provide the

appropriate special education services.

II. SUSPENSION

Federal and State laws generally require schools to be pro-active and to implement interventions at

the earliest sign that a student’s behavior is impeding his/her ability to learn. Students who receive

special education services may be suspended only when other means of correction have failed to

bring about proper conduct. Out of school suspension typically has little relationship to the

misconduct and does not support behavioral change.

A. Alternatives to Suspension

Discipline is to be used instructionally and while the use of alternatives to suspension includes the

use of consequences, the emphasis must be placed on what the student needs to learn in order to

avoid future misconduct. The appropriate means of correction may include: community service,

required mini-courses on conflict resolution, anger management, etc. Change in student behavior is

typically supported by a Behavior Support Plan or Behavior Intervention Plan. Homeroom may be

used to provide opportunities to learn necessary skills proactively as can after- school detention,

where learning activities can be matched to misconduct. Reactive strategies such as de-briefing and

de-escalating anger and aggression are both excellent ways to change student behavior. Utilizing in-

classroom supports such as buddies can change classroom behavior by providing appropriate peer

models. Using a whole school approach that includes mentoring adds a team approach to positive

behavior support, helping to change a student’s reputation who has been having a difficult time with

behavior over a long period and to support the student in getting re-engaged in the learning

community. As a system, schools are encouraged to use a Coordination of Services Team (COST)

to match the student to appropriate services, etc. and to use Student Success Team (SST) to identify

recommendations. After school detention or Saturday School may be used to provide consequences

to students without loss of instructional time. In-School Suspension alternatives are to be used

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whenever possible as long as the student with disabilities continues to receive services according to

his/her IEP.

B. First Suspension

Whenever a student receiving special education services engages in conduct that results in out of

school suspension, a Disciplinary Review Team (DRT) meeting must be convened immediately upon

the student’s return to school to review the incident and to address the concerns regarding the

student. The DRT should, at minimum, include a Dean or counselor, teacher, administrator, an

individual with knowledge about positive behavior support strategies, and the parent/ guardian. The

team should evaluate the severity of the misconduct and determine whether:

1. There are interventions that can be used to address the behavior that do not require an IEP team

meeting;

2. The team needs to modify the implementation of the student’s current Behavior Support Plan or

Behavior Intervention Plan; and if so,

3. An IEP team meeting should be held to:

a. Review the student’s current instructional program.

b. Develop or revise a Behavior Support Plan to address the behaviors relating to the

misconduct.

c. Revise the current Behavior Intervention Plan, as needed, to prevent recurrence of the

misconduct.

Note: All requirements for parent notification and participation in the IEP meeting must be followed.

C. Second Suspension

Following misconduct that results in a second suspension, the Dean or other certificated staff

member in charge of discipline will:

1. Upon the student’s return, immediately schedule an IEP meeting to review the student’s

instructional program in addition to considering any assessments that must be done to identify

the function of the student’s behavior and/or to develop, review, or modify the Behavior Support

Plan or Behavior Intervention Plan. The IEP is to identify other interventions as appropriate to

prevent a recurrence of the misconduct.

2. Gather pertinent information from the Disciplinary Review Team (DRT).

D. Five or More Days of Suspensions

1. Five or more days of suspension is a serious indicator that the student continues to struggle with

behavior that impedes learning. If the student’s suspensions reach eight (8) cumulative days of

suspension, an IEP team must meet to do the following:

a. Discuss the misconduct(s) and the relationship between the misconduct and the student’s

disability.

b. Review any behavioral assessments that have been conducted about this student. If the

student’s behavior is serious and the student does not have a Functional Analysis

Assessment (FAA), consult with the Behavior Intervention Case Manager (BICM) to determine

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whether an FAA should be conducted. (See Bulletin H-50 Rev.). Note: If the IEP team

determines that an FAA is needed, an assessment plan must be completed and approved by

the parent; an FAA must be conducted by a Behavior Intervention Case Manager (BICM); and

an IEP team meeting must be held to consider the FAA and recommendations (see Bulletin H-

50 Rev.).

c. Review the student’s current IEP, including the Behavior Support Plan (BSP) or Behavior

Intervention Plan (BIP) and its implementation, and make any modifications necessary, to

determine whether or not it continues to be an appropriate offer of FAPE (see Appendix A,

Determining Placement in the Least Restrictive Environment).

The maximum number of days a student with disabilities can be suspended shall not exceed 10

cumulative days in a school year, On day 11, if not before, the student must return to the school site,

an IEP meeting is held to determine appropriate services. Informal suspension, whereby a parent is

advised to keep a student at home, is prohibited.

Note: School Bus Suspensions

Suspension from the school bus does not constitute suspension from school. When a student with an

IEP that includes transportation is suspended from the school bus, an alternative form of

transportation must be provided at no cost to the parent or student.

III. EXPULSION

A. Overview of the Expulsion Analysis (Manifestation Determination) Process

1. The principal designates a case carrier for the pre-expulsion review and IEP process to ensure all

required activities are conducted appropriately.

2. The IEP meeting should be scheduled within the 5-day suspension period, but in any case no

later than ten days from the decision to recommend expulsion. Any exceptions require

consultation with the Student Discipline Proceedings Unit (SDPU). Informal or indefinite

suspensions are prohibited. During the expulsion proceedings, the student is required to have

an educational placement that provides appropriate services.

3. Prior to the pre-expulsion IEP meeting, a call to the Educational Options Unit or the Special

Education Support Unit should be made to identify an appropriate alternative interim placement.

4. At the pre-expulsion IEP meeting, District personnel should discuss alternative interim placement

options with the student’s parents and the IEP team should make a decision regarding an interim

placement. There are three circumstances in which the principal may unilaterally implement a 45

school day alternative interim placement without regard to whether the behavior is determined to

be a manifestation of the student’s disability (an advisory call should be made to the Special

Education Support Unit, and/or the SDPU when considering a unilateral 45 school day

placement):

a. Possession of a weapon at school, on school premises or at a school function.

b. Knowing possession, use, sale, or solicitation for the sale of illegal drugs while at school, on

school premises or at a school function.

c. Infliction of serious bodily injury upon another person while at school, on school premises or at

a school function. Serious bodily injury is defined as an injury that “requires substantial risk of

death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or

impairment of function of a bodily member, organ, or mental faculty” (paragraph (3) of

subsection (h) of section 1365 of title 18, United States Code).

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B. Expulsion Considerations

A student with a disability who receives special education services and is being considered for

expulsion is required to have a manifestation determination (pre-expulsion) IEP, and can only be

expelled if the alleged misconduct of the student meets the District’s criteria for expulsion, and :

1. The conduct in question was not caused by, and did not have a direct and substantial relationship

to, the student’s disability; and

2. The conduct in question was not the direct result of the District’s failure to implement the IEP.

To make the above determinations, a pre-expulsion IEP team meeting must be held. The meeting

should be scheduled within the five-day suspension period but, in any case, no later than ten school

days after the initiation of the disciplinary action. Any exceptional circumstances which might require

the timeline to be extended should be reviewed with the Student Discipline Proceedings Unit.

To prepare for the IEP team meeting, school site personnel must:

1. Gather and review information regarding the alleged misconduct and, to the degree possible, the

events that led to the misconduct, including information required on the Expulsion Analysis

IEP

page (suspension information, office referrals, grades and attendance).

2. Contact the Student Discipline Proceedings Unit (SDPU) at (213) 765-2855 to advise them of the

actions being taken.

3. Notify the parents of the meeting at least 48 hours in advance. If the parent does not respond to

the notification, document all efforts to notify the parents.

Note: Parents may request a postponement for up to 72 hours.

4. Gather existing assessments and all relevant information regarding student’s present level of

performance (health, academic, social emotional, etc).

5. Review the student’s IEP, any teacher observations and any relevant information provided by the

parent, the BSP and school behavioral data required on the Expulsion Analysis IEP page. The

review of records may also include:

a. Psychological assessments

b. Social Emotional functioning

c. Related services provider assessments

d. Social Adjustment Report

e. Performance on State or District wide assessments

f. Progress toward meeting IEP goals

g. Periodic assessments

h. Progress toward grade level/content standards

i. Student portfolio

j. Anecdotal records

k. Other relevant information

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6. Review any information provided by the parent before the IEP meeting. During the IEP meeting

the steps listed below are to be followed:

a. Participants must be informed of the purpose of the meeting and the pre-expulsion

(manifestation determination) IEP process.

b. The parent (and student) must be informed of their rights, including their right to request a

due process hearing if they disagree with the manifestation determination. If parent

requests a due process hearing, the student will not be expelled until the due process matter

is resolved (see page 8).

7. Consider the student’s IEP, teacher observations, assessment reports and any relevant

information provided by the parent, all known facts leading up to the misconduct. Also consider

the student’s unique needs (including behavioral needs), implementation of relevant

components of the student’s IEP (e.g., BSP and other supports), if the student’s disability

impairs his or her ability to understand the impact and consequences of his or her conduct, and

if the student’s disability impairs his or her ability to control his or her conduct.

8. Following the review and discussion of information and its relationship to the misconduct,

complete steps 1 through 3 of the Expulsion Analysis page, and document the following

determinations in step 4:

a. If the conduct in question was caused by, or had a direct and substantial relationship to,

the student’s disability.

b. If the conduct in question was the direct result of the District’s failure to implement the IEP.

If the IEP team determines that a. or b. above is applicable to the student, the conduct is a

manifestation of the student’s disability.

If response to A or B in Step 4 is yes, the alleged misconduct is a manifestation of the student’s

disability. Expulsion proceedings may not continue.

C. Outcomes Of The Pre-Expulsion IEP Meeting

1. If the IEP Team determines that the conduct was not

a manifestation of the student’s disability;

a. The case may proceed in the expulsion process;

b. The IEP team must determine the student’ alternative interim educational placement and

appropriate services; and

c. If during the meeting the IEP team finds inadequacies in the student’s IEP, then the IEP

team should summarize and document their discussion of the deficiencies in “IEP Team

Information” section (page 12) and should discuss, decide upon and document in the IEP

steps to correct the deficiencies;

2. IEP team determines that the alleged misconduct is

a manifestation of the disability

a. The expulsion process should not

proceed.

b. The IEP team should discuss and document appropriate steps (including changes to the

IEP supports, modifications, services, aids and placement) to address the student’s conduct

and the student’s IEP, and the Behavior Support Plan, should be amended appropriately.

c. Requests for further assessments should also be made if the IEP team deems it

appropriate.

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d. Contact the Special Education Support Unit or Student Discipline Proceedings Unit for

guidance on follow-up actions.

To conclude the IEP meeting, complete the rest of the IEP sections as appropriate, including the

consent page. If the parent does not sign, document all efforts to obtain the parent’s signature, and

send the case forward to the SDPU.

Special Circumstances

: There may be circumstances (such as in the case of a firearm violation)

which require additional procedures. Those cases should be referred to the Student Discipline

Proceedings Unit even though the IEP committee has determined the student cannot be expelled.

D. Appeal of Disciplinary Action through Due Process Proceedings

a. If the parent disagrees with a decision of the IEP team in a pre-expulsion IEP team meeting,

the parent shall be advised to their right to request a due process hearing.

b. In most instances, the expulsion process will remain in abeyance until the conclusion of the

due process proceedings.

c. During the due process hearing and expulsion process, the student remains in the alternative

interim educational placement determined by the pre-expulsion IEP team, unless another

alternative interim placement is agreed to by the District and the parent.

d. Pending the due process hearing, the student is to continue to receive the special education

and related services.

Note: A principal may remove a student to an alternative interim placement due to the possession of

a weapon, drugs, or infliction of serious bodily injury, for 45 school-days without regard to whether the

behavior is determined to be a manifestation of the student’s disability.

E. Follow-Up Actions

1. Notify the Student Discipline Proceedings Unit (SDPU) of the completed expulsion analysis

IEP when referring the student for possible expulsion.

2. When an expulsion recommendation and pre-expulsion IEP are received by SDPU, the

District’s Pre-Expulsion IEP Review Committee will review the case for procedural and

substantive errors. Based on this review, the Committee may recommend:

a. That the expulsion process proceeds;

b. That the case be referred to the Division of Special Education or to the Special Education

Support Unit Administrator for follow-up;

c. That the school take corrective action or reconsider the pre-expulsion IEP or expulsion

referral; or

d. That the referring school terminate the expulsion process due to irreversible error.

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GUIDELINES FOR THE IEP TEAM

XTENDED SCHOOL YEAR (ESY)

SERVICES

PURPOSE

The purpose of these special education guidelines is to assist IEP teams with criteria and procedures

for determining when a student requires ESY services and what services are appropriate.

FOR FURTHER ASSISTANCE: Please contact the Special Education Support Unit Administrator.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY...........................................................................................................255

II. OVERVIEW OF ESY.................................................................................................................................................................256

III. ELIGIBILITY FOR ESY............................................................................................................................................................256

A. Regression-Recoupment Criterion ...........................................................................................................................................256

B. Critical Skills Criterion (Only for Students Assessing the Alternate Curriculum) ......................................................................257

IV. ESY SERVICES ......................................................................................................................................................................258

V. ESY TRANSPORTATION.........................................................................................................................................................258

2007 Manual Revisions:

 New Guideline for the IEP Team: Extended School Year Services

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

Extended school year services shall be provided for a student with disabilities who has unique needs

and requires special education and related services in excess of the regular academic year. Such

students shall have disabilities which are likely to continue indefinitely or for a prolonged period, and

interruption of the pupil’s educational programming may cause regression, when coupled with limited

recoupment capacity, rendering it impossible or unlikely that the student will attain the level of self

sufficiency and independence that would otherwise be expected in view of his or her disabling

condition.

Extended school year services shall be limited to the services, determined by the IEP team, that are

required to assist a student maintain the skills at risk of regression or for students with severe

disabilities to attain the critical skills or self-sufficiency goals essential to the student’s continued

progress. All students who are eligible for special education and related services must be considered

for ESY services, however federal and state rules and regulations do not require that every student with

a disability receive ESY services as part of the student’s IEP. If the student requires ESY services to

receive a FAPE, the school must develop an IEP for the student that includes ESY services.

If the IEP team determines that a student is not eligible for ESY, the student may be referred to the

general education summer/intersession program. General education programs are available to all

students, including students with disabilities, who meet program guidelines. Participation in District

general education programs should not be documented on the IEP.

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II. OVERVIEW OF ESY

Extended school year (ESY) services are special education and related services that are provided to a

student with a disability in excess of the traditional school year in accordance with his/her IEP. The

primary goal of ESY services is to ensure the continued provision of an appropriate education by

maintaining skills and behaviors that might otherwise be lost during the summer/intersession period. It

is not a means to develop or enhance new skills or behaviors.

ESY is NOT:

• Required or appropriate for all students with disabilities.

• A means of achieving IEP goals that were not achieved during the school year.

• Credit driven (for secondary students).

• Intended to maximize educational opportunity.

• A replacement for skills that can be attained or maintained through activities the student can do at

home.

• A day or respite care service.

• An alternative to appropriate programs offered by the District during the summer/intersession

period.

III. IEP TEAM RECOMMENDATION FOR ESY

The decision to provide ESY services must be based on student need as indicated on the IEP. ESY

services are limited to those services provided during the school year; however, all services need not

be included during ESY. When determining the need for ESY, IEP teams should pay particular attention

to: severity of the disabling condition; areas of learning critical to maintaining IEP skills; extent of

regression caused by interruption in educational programming; rate of recoupment following interruption

of instruction and the availability of alternative resources such as intervention programs and general

education summer school. In reviewing eligibility for students participating in the Resource Specialist

Program or accessing the general education curriculum for the majority of the school day, the IEP must

clearly outline student need and rationale for ESY attendance. Prior to the end of the school year, the

IEP team should consider reconvening to determine whether the student would benefit from

participating in the general education summer/intersession program or requires ESY programming. If

the IEP team determines that the student is not eligible for ESY, the student may be referred to the

general education program to determine whether the student meets program guidelines. Participation in

District general education programs should not be documented on the IEP.

In order for an IEP team to recommend a student for ESY services, the team must determine and

document that the student meets one of the following criteria:

A. Regression-Recoupment Criterion

To consider the regression-recoupment criterion the IEP team must:

1. Determine which skills or behaviors may be at risk of regression during the summer/intersession

period.

Note: They must be skills or behaviors that have been taught during the implementation of the

student’s current IEP goals and objectives.

2. Review data and other documentation that predict the level of regression and the time that it would

take the student to regain the skills or behaviors.

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3. Determine which skills and behaviors, if any, will require a recoupment period in excess of what

might be expected from typical students.

4. Determine whether the skills or behaviors can be maintained through activities the student can do

without ESY services.

5. Determine the skills and behaviors to be maintained during the ESY, the corresponding IEP goals

and objectives, and the services that would be required to maintain the skills or behaviors during

the summer/intersession period.

B. Critical Skills Criterion (Only for students accessing the Alternate Curriculum)

Critical skills or self-sufficiency goals relate to those skills that lead to independent functioning for

students with severe disabilities. Development of these skills can lead to reduced dependency on future

caretakers and enhance student’s integration with nondisabled individuals. These critical skills must be

addressed in an identified IEP objective of the student’s current IEP. Examples of critical skill areas

include:

• Mobility and muscular control: sitting, standing, locomotion, ambulation with aids, and orientation to

physical surroundings.

• Toileting: indicating need to use the toilet, using toilet, wiping, flushing, and hand washing.

• Feeding and eating: feeding self, using utensils, and drinking from cup or glass.

• Dressing: putting on simple clothing and removing simple clothing.

• Communication: receptive and expressive language.

• Communication difficulties including grossly impaired, absent or bizarre speech.

• Unusual or repetitive habits including self-stimulation, fetishes or attachments to odd objects that

seriously interferes with learning.

• Withdrawal or inattentive behavior including extreme withdrawal, lack of awareness of what is

happening in the immediate surroundings or demonstration of behavior not related to the situation.

• Extreme disruption of relationships with others, including extreme indifference or aversion to

affection, inability to communicate basic needs, inappropriate relationships with others, and

continuing to engage in behavior no longer appropriate to the situation.

• Extreme reactions to the environment such as anxiety reactions, reactions to changes in the

environment, inappropriate use of common objects, and inappropriate responses to simple verbal or

nonverbal cues or symbols.

To consider the critical skill criterion the IEP team must:

1. Review the student’s IEP goals and objectives to identify critical skills or self-sufficiency goals.

2. Determine whether the lack of the skills represents a barrier to continuous progress or self-

sufficiency.

3. Determine whether the acquisition or maintenance of the critical skills or self-sufficiency goals will

significantly enhance the student’s ability to function.

4. Determine whether the critical skills or self-sufficiency goals can be acquired or maintained during

the summer/intersession period without ESY services.

5. Determine whether the student requires ESY services to acquire or maintain critical skills or

self-sufficiency goals that represent a barrier to continuous progress or self-sufficiency and will enhance

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the student’s ability to function. Identify the corresponding IEP goals and objectives and determine the

services that would be required to teach the critical skills.

IV. ESY SERVICES AND PROGRAMS

The IEP team must determine the type of program the student will attend. ESY services are limited to

those services necessary for the student to maintain or acquire the specific skills or behaviors

considered by the IEP team. The only services to be considered for a student for ESY are services are

those services already provided to the student during the school year; however not all of the services

the student receives during the school year need to be recommended for the student for ESY.

The ESY services a student requires may also be affected by the placement of the student during the

summer/intersession (See V below). For example, a student who is receiving the services of additional

adult assistance (AAA) during the school year to support the student in a general education classroom

may not need additional adult assistance if the student is placed in a special day class for ESY

services. Additionally, ESY may provide an excellent opportunity to implement a fading out plan for the

additional adult support due to the structure of the ESY program and the shortened day.

IEP participants must also consider whether the student requires related services in order to benefit

from the special education services provided during the school year. The team must determine if there

would be regression concerns when school resumes without these services being provided during ESY.

Once it is decided that a student requires related services in the ESY setting, the District supports

inclusive practices in the delivery of the related services, as it does during the regular school year.

Related services are implemented through an array of service delivery models which change as the

needs of the student change. Service(s) may be indirect with the provider(s) serving primarily as

consultant(s) to the classroom teacher. Another service model may have the service being delivered in

a classroom with co-planning and collaborative co-teaching between the classroom teacher and

provider. An intensive form of service may be a pull out model involving individual or small-group

sessions. In the ESY setting, as in the regular school year setting, the related services provider and

classroom teacher must collaborate on a regular basis.

List the ESY services the student requires in the summary offer of FAPE on page 12 of the IEP if the

services are different from the regular school year. See Appendix A, Determining Placement in the

Least Restrictive Environment, Section II.

V. ESY TRANSPORTATION

Transportation to ESY services will be provided to students who will be receiving their ESY services at

a school other than their school of residence and to students whose IEP provides for home to school

transportation because of personal factors such as health, social judgment, or lack of ability to

communicate such that the IEP team considers that the safety of the student is of primary concern.

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IGH SCHOOL GRADUATION AND

COMMENCEMENT PARTICIPATION

PURPOSE

The purpose of these guidelines is to provide Individualized Education Program (IEP) teams with the

District's uniform policy and procedures on graduation and participation in commencement exercises by

students with disabilities. These guidelines shall be made available to all District staff participating as

IEP team members including, but not limited to, the administrator or administrative designee, general

education teachers, special education teachers, special education itinerant staff, and support services

staff.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY...........................................................................................................260

A. Requirements for Diploma........................................................................................................................................................260

B. Requirements for Certificate of Completion..............................................................................................................................260

C. Commencement Exercises for Students with Disabilities.........................................................................................................260

II. IEP TEAM PROCEDURES FOR STUDENTS WITH DISABILITIES 14 YEARS OF AGE AND OLDER .................................261

A. Prior to the IEP Meeting............................................................................................................................................................261

1. Notification of the IEP/ITP Meeting...........................................................................................................................................261

2. Preparing the Student for the IEP/ITP Meeting.........................................................................................................................261

B. During the IEP Meeting.............................................................................................................................................................261

1. Annual or Triennial Review IEP/ITP Meetings..........................................................................................................................261

2. Prior Written Notice Regarding Change of Placement Due to Graduation with a Diploma or No Longer Eligible Because of

Becoming Age 22 ......................................................................................................................................................................262

3. Final IEP for Students Graduating with a Diploma....................................................................................................................262

4. Final IEP for Students Who Are Becoming Age 22...................................................................................................................263

5. Voluntary Election to Exit from School Due to Participation in Culmination Exercises to Receive Certificate of Completion...264

C. Senior Transition Inventory.......................................................................................................................................................265

III. FURTHER INFORMATION......................................................................................................................................................265

A. District Graduation Requirements.............................................................................................................................................265

B. Maximum Age of Attendance....................................................................................................................................................265

C. Special Education Students Attending Nonpublic Schools, Grades 9–12................................................................................266

2007 Manual Revisions:

 I. Evaluation not required for terminating special education eligibility due to graduation with a

diploma or becoming age 22.

 II. Exiting students due to graduation with a diploma or becoming age 22 must be provided a

summary of academic/functional performance with recommendation for transition goals.

 II. The Senior Transition Inventory form replaces the Student Exit Interview form.

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 III. The Final IEP directions for students (1) graduating with a diploma, (2) becoming age 22,

and (3) voluntarily electing to exit from school and receive a certificate of completion have

been updated. Upon completion of the Final IEP meeting, the Final IEP will be placed in an

inactive status until the effective date.

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

A. Requirements for Diploma

A 12th grade student who has satisfactorily completed the required course of study and who has

successfully passed CAHSEE or met the Chapman Exemption requirements or CAHSEE Waiver

requirements, and who has also met individual school requirements regarding citizenship is entitled to

a diploma indicating satisfactory completion of all elements. A student with disabilities whose IEP has

prescribed that the student is working toward a diploma, and whose IEP may also prescribe

instructional accommodations and/or modifications to help the student progress in the general

education curriculum, is eligible for a diploma under these same requirements. Failure by a student

with disabilities to meet school citizenship standards is not a valid reason to withhold a diploma or to

prescribe additional conditions to be met prior to the issuance of a diploma. (See Section III. Further

Information for complete diploma requirements.)

B. Requirements for Certificate of Completion

A student with a disability who has satisfied any of the following three requirements, but who has not

satisfied the requirements for a diploma, may be awarded a certificate of completion:

1. Satisfactory completion of 230 credits of a prescribed alternative course of study as identified on the

student's IEP; OR

2. Satisfactory achievement of the student's IEP goals and objectives during high school as

determined by the IEP team; OR.

3. Satisfactory high school attendance, participation in the instruction prescribed in the student's IEP,

and achievement of the objectives of the statement of transition services.

C. Commencement Exercises for Students with Disabilities

Only students who meet diploma requirements and special education students who qualify for a

certificate of completion are eligible to participate in graduation ceremonies. A student with disabilities

who meets the criteria for a certificate of completion is eligible to participate in any graduation

ceremony and any school activity related to graduation in which students of similar age without

disabilities would be eligible to participate. Failure by a student to meet school citizenship standards

may result in the denial of participation in graduation ceremonies and in the denial of participation in

senior class activities.

The District's obligation to provide a free appropriate public education (FAPE) does not apply to

students with disabilities who have graduated from high school with a regular high school diploma.

However, the District is obligated to make available a free appropriate public education to students who

have received a certificate of completion and have not been awarded a regular high school diploma

until the student becomes 22 years of age.

Note: An evaluation is not required before termination of student’s eligibility due to graduation with a

regular diploma or becoming age 22.

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II. IEP TEAM PROCEDURES FOR STUDENTS WITH DISABILITIES

14 YEARS OF AGE AND OLDER

A. Prior to the IEP Meeting

1. Notification of the IEP/ITP Meeting

Schools are required to provide written notice to parents of a student with disabilities and the student

beginning at age 14, when an IEP team meeting is being scheduled during which the team proposes to

initiate or change the identification, evaluation, or educational placement of the student, or the provision

of a free appropriate public education to the student. Graduation is legally considered to be a change

of educational placement and a change in the provision of a free appropriate public education.

The notification will, in addition to identifying District staff who will attend the meeting, also include a list

of agency representatives to be invited, as necessary.

The school must take steps to notify and encourage parent and student presence and participation at

the Individualized Education Program (IEP)/Individual Transition Plan (ITP) meeting by inviting both to

the IEP/ITP meeting with the Notification to the Parent/Guardian to Participate in Individualized

Education Program Meeting form in the parent's primary language, if feasible.

A copy of the Parent's Guide to Special Education Services (Including Procedural Rights and

Safeguards), The IEP and You and The ITP and You pocket guides or booklets shall be provided to

both the parents and the student with the written notice.

2. Preparing the Student for the IEP/ITP Meeting

In order for the student to knowledgeably participate in the IEP/ITP meeting, the student shall be

provided instruction on his or her role, rights, and procedural safeguards. This instruction shall be

provided prior to the meeting by school staff responsible for the delivery of special education services.

The instruction shall be based on the information contained in The IEP and You and The ITP and You

pocket guides or booklets and A Parent's Guide to Special Education Services (Including Procedural

Rights and Safeguards).

B. During the IEP Meeting

1. Annual or Triennial Review IEP/ITP Meetings

The IEP/ITP team shall discuss with the parent and the student the following areas at every annual and

triennial review IEP/ITP meeting beginning with the year the student will turn age 14:

a. The District's requirements for graduation with a diploma or certificate of completion, including:

1.) The difference between a diploma and certificate of completion;

2.) The right of students to continue their education to age 22, unless they have earned a diploma;

3.) The course of study that must be satisfactorily completed for a diploma;

4.) The exams that must be passed for a diploma;

5.) For students required to pass the California High School Exit Exam (CAHSEE), a review of

what students need to know to pass the exam;

6.) The criteria for receiving a certificate of completion; and

7.) The District's prescribed alternative course of study.

As part of the discussion of present levels of performance, the IEP/ITP team shall review the

school's graduation checklist, including the courses the student has satisfactorily completed or is

currently taking that will lead to graduation. The IEP/ITP team will also discuss the performance of

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the student on required exams for graduation with a diploma and any indications of how the student

may perform on any upcoming exams or accommodations that may be used.

Document the discussion on graduation requirements and required exams.

Section E

Enter the credits accumulated, and the information on CAHSEE assessment

sections passed.

Section L

Enter the decision of whether the student will graduate with a diploma or

certificate of completion.

Section L

b. For students who are pursuing a certificate of completion, determine which one of the following

three requirements the student is expected to meet:

1.) Satisfactory completion of 230 credits of a prescribed alternative course of study as identified on

the student's IEP; OR

2.) Satisfactory achievement of the student's IEP goals and objectives during high school as

determined by the IEP team; OR

3.) Satisfactory high school attendance, participation in the instruction prescribed in the student's

IEP, and achievement of the objectives of the statement of transition services.

Enter the decision regarding the requirements the student is expected to meet.

Page 12

Develop goals and objectives that are designed to assist the student in passing

required courses and exams for graduation.

Section G

Document the accommodations and modifications that the student will need in the

classroom to access the curriculum.

Section J

Document the accommodations and modifications that the student will need for

taking exams.

Section K

Document course of study

Section M

2. Prior Written Notice Regarding Change of Placement Due to Graduation with a Diploma or

No Longer Eligible Because of Becoming Age 22

Graduation with a diploma or termination of special education services because the student is no longer

eligible due to becoming age 22 are considered to be changes in placement. The final IEP prior to the

student’s graduation with a diploma or termination of special education services because of the student

becoming age 22 shall serve as the prior written notice. IEP teams should explain this to students and

their parents at the IEP meeting.

3. Final IEP for Students Graduating with a Diploma

Note: Exiting students, due to graduation, must be provided a summary of academic/functional

performance with recommendations for transition goals.

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If the IEP team determines that the student is eligible to graduate with a diploma based on the school’s

graduation checklist, the IEP team documents as follows on the IEP at an IEP meeting convened within

the current semester of the student’s expected graduation date:

Check “Does Not Meet Eligibility Criteria (or Voluntary Exit, but Remains Eligible

upon Re-enrollment). “ ”

Section A

In the Welligent IEP Management Screen, select the type of meeting as either

“Annual Review” or “Three Year Review”.

Welligent

Management

Screen

Check “Not eligible for the following disabilities” and indicate the eligibility code(s).

Select Final IEP reason: Final IEP – Graduate with a Diploma (High School Only).

Select the Final IEP Effective Date. In the Reason text box, document the reason

as Graduating with a Diploma.

Section F

The decision that the student will graduate with a diploma, the credits

accumulated, and the student’s progress toward the CAHSEE requirements.

Section L

Check “Yes” for “Student will participate in High School graduation/culmination

exercises, and check the appropriate reason from the list.

Section P

The following statement: “The prior goals and objectives and Individual Transition

Plan remain in effect until the student is no longer eligible for services per this

IEP.” (The IEP team shall not develop new goals and objectives or an Individual

Transition Plan.)

Page 12

Note: Follow directions on the Welligent IEP Management screen to document “Final IEP – Graduating

with a diploma” and to document the Final IEP effective date. The Final IEP will subsequently become

inactive. The previous IEP will remain active until the Final IEP effective date.

4. Final IEP for Students Who Are Becoming Age 22

Note: Exiting students, due to becoming age 22, must be provided a summary of academic/functional

performance with recommendations for transition goals.

In the semester the student will become age 22, the IEP team documents the IEP as follows:

Check “Does Not Meet Eligibility Criteria (or Voluntary Exit, but Remains Eligible

upon Re-enrollment). “ ”

Section A

In the Welligent IEP Management Screen, select the type of meeting as either

“Annual Review” or “Three Year Review”.

Welligent

Management

Screen

Check “Not eligible for the following disabilities” and indicate the eligibility code(s).

Select Final IEP reason: Final IEP – Age 22. Select the Final IEP Effective Date.

In the Reason text box, document the reason as Age 22.

Section F

The decision that the student will graduate with a certificate of completion, the

credits accumulated, and, if taken, the information on CAHSEE assessment

sections passed.

Section L

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Check “Yes” for “Student will participate in High School graduation/culmination

exercises, and check the appropriate reason from the list.

Section P

The following statement: “The prior goals and objectives and Individual Transition

Plan remain in effect until the student is no longer eligible for services per this

IEP.” (The IEP team shall not develop new goals and objectives or an Individual

Transition Plan.)

Page 12

Note: Follow directions on the Welligent IEP Management screen to document “Final IEP – Age 22”

and to document the Final IEP effective date. The Final IEP will subsequently become inactive. The

previous IEP will remain active until the Final IEP effective date.

5. Voluntary Election to Exit from School Due to Participation in Culmination Exercises to

Receive Certificate of Completion

Grade 12 students who are not eligible to graduate with a diploma may be eligible to graduate with a

certificate of completion if one of the three requirements are met. The parent of a student with a

disability, or the student if he or she has reached age 18 (unless he or she has been determined

incompetent under State law) may elect to terminate special education services because the student is

eligible to receive a certificate of completion and participate in culmination activities. Such students

remain eligible for special education services until becoming age 22.

The student’s teacher must confer with the student and parent(s) to discuss the student’s right to

receive special education services until graduating with a diploma or becoming age 22. If the student

anticipates that he or she will not return to school subsequent to receiving a certificate of completion, an

IEP team shall be convened to discuss the student’s exit from special education as a change of

placement. This IEP meeting must be held within the current semester in which the student anticipates

being his or her last semester prior to receiving a Certificate of Completion. The IEP shall include the

following documentation:

Check “Does Not Meet Eligibility Criteria (or Voluntary Exit, but Remains Eligible

upon Re-enrollment).

Section A

In the Welligent IEP Management Screen, select the type of meeting as either

“Annual Review” or “Three Year Review.”

Welligent

Management

Screen

Check “Not eligible for the following disabilities” and indicate the eligibility code(s).

Select Final IEP reason: Final IEP Certificate of Completion (High School

Only)…Student elects to leave LAUSD. Select the Final IEP Effective Date. The

Reason text box is automatically filled in by the Welligent system.

Section F

The decision that the student will graduate with a certificate of completion, the

credits accumulated, and, if taken, the information on CAHSEE assessment

sections passed.

Section L

Check “Yes” for “Student will participate in High School graduation/culmination

exercises, and check the appropriate reason from the list.

Section P

The following statement: “If the student elects to reenroll in school prior to his/her

birthday, an IEP team will convene within 30 days to develop an IEP/ITP,

including appropriate goals and objectives and an Individual Transition Plan.

Page 12

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Note: Follow directions on the Welligent IEP Management screen to document “Final IEP – Certificate

of Completion (High School only)….. Student elects to leave LAUSD” and to document the Final IEP

effective date. The Final IEP will subsequently become inactive. The previous IEP will remain active

until the Final IEP effective date.

Note: A student with an IEP who voluntarily elects to exit from school with a Certificate of Completion

may elect to reenroll in school prior to his/her 22

birthday. An IEP team would develop an IEP

including an Individualized Transition Plan (ITP) with appropriate goals and objectives within 30 days.

C. Senior Transition Inventory

At the student's last IEP/ITP meeting, the student is to be interviewed using the "Senior Transition

Inventory" form. Following the conclusion of the IEP/ITP meeting, the completed form shall be

forwarded to the District Office of Transition Services, Beaudry Building, 17th Floor.

III. FURTHER INFORMATION

A. District Graduation Requirements

In order to qualify for a high school diploma, students must complete the required secondary course of

study mandated by the Board of Education.

A 12

grade student with disabilities is entitled to a diploma if the following criteria are met:

1. satisfactory completion of the required course of study and

2. passed the CAHSEE or met any other state determined alternate requirements, and

3. met individual school requirements regarding citizenship

B. Maximum Age of Attendance

1. A student who becomes 22 years of age during the months of January to June, inclusive, while

receiving a special education program and/or services is eligible and may continue to receive

services for the remainder of the current fiscal year (i.e., school year), including any extended

school year program for special education students.

2. A student with disabilities shall not be allowed to begin a new fiscal year receiving a special

education program and/or services if he or she becomes 22 years of age in July, August, or

September of that new fiscal year. However, if the student is in a year-round school program

and is completing his or her special education program in a term that extends into the new fiscal

year, the student remains eligible to receive special education services and may complete the

term.

3. A student who becomes 22 years of age during the months of October, November, or December

while receiving a special education program and/or services, is no longer eligible to receive special

education and shall be terminated from the program on December 31 of the current fiscal year,

unless the student would otherwise complete his or her IEP at the end of the current fiscal year.

4. District staff may not develop an IEP that extends beyond these eligibility dates. In no event may a

student be required or allowed to attend school as a student with disabilities beyond these eligibility

dates solely on the basis that the student has not met his or her goals or objectives.

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C. Special Education Students Attending Nonpublic Schools, Grades 9–12

For special education students in grades nine through twelve attending nonpublic schools, the

nonpublic school will complete and submit to the student's school of residence a form titled NPS

Student Transcript at the close of each semester. The school of residence, regardless of the

LAUSD public school the student last attended, shall maintain a cumulative file for each student

residing within the school's attendance area when the student is enrolled in a nonpublic school.

At least six months prior to a student's graduation, the nonpublic school will submit to the school of

residence two forms: the NPS Student Transcript and the Request for Verification of Graduation Status

of Nonpublic School Students. The school of residence is responsible for evaluating the student's

transcript to verify the student's eligibility for issuance of a high school diploma.

For students who have been successfully dually enrolled in a nonpublic school and a LAUSD public

high school and have met graduation requirements, the LAUSD public high school of attendance will

issue the diploma. For students who are not dually enrolled, the Nonpublic Schools Department will

issue the diploma.

A student enrolled in a nonpublic school who is eligible to receive either a high school diploma or a

certificate of completion is also eligible to participate in graduation ceremonies at their public school of

residence or, in the case of dual enrollment, their public school of attendance.

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GUIDELINES FOR THE IEP TEAM

INTER-DISTRICT PERMIT GUIDELINES

FOR SPECIAL EDUCATION

PURPOSE

The purpose of these guidelines is to provide school staff, including Individualized Education Program

(IEP) teams, with guidance regarding the appropriate provision of special education services and or

instruction to students with disabilities who are residents of another school district and attending a Los

Angeles Unified School District school on the basis of a permit, or who are applying to attend an

LAUSD school on the basis of a permit.

FOR FURTHER ASSISTANCE: Please contact the Division of Special Education, Inter-District Permits

for Special Education, at (213) 241-6701.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY............................................................................................................267

II. IEP TEAM GUIDELINES FOR STUDENTS RESIDING IN A DISTRICT OTHER THAN LAUSD .............................................268

A. Prior to the IEP Meeting............................................................................................................................................................268

B. During the IEP Meeting............................................................................................................................................................ 268

C. After the IEP Meeting ...............................................................................................................................................................269

III. REQUESTS FOR ASSESSMENT OF RESIDENT STUDENTS ATTENDING A DISTRICT OTHER THAN LAUSD..................269

IV. PROCEDURES FOR LAUSD RESIDENTS REQUESTING OUT OF DISTRICT PERMITS ........................................................269

V. INTER-DISTRICT APPEALS PROCEDURES FOR STUDENTS RECEIVING SPECIAL EDUCATION

AND RELATED SERVICES...........................................................................................................................................................269

2007 Manual Revisions:

 Requests for assessments of resident students attending a District other than LAUSD.

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

Inter-district permits authorize the attendance of a student in a district other than their district of

residence.

General Guidelines

The Permits and Student Transfer Office of Pupil Services and Attendance, in conjunction with the

Division of Special Education Inter-district Permits Office, have administrative responsibility for Inter-

district Permit activity in the District. School principals are not to grant, deny, or cancel Inter-

district Permits.

A. Students applying for an Inter-district Permit must submit the following for review by the Permit

Office and the LAUSD Division of Special Education/Special Education Local Plan Area (SELPA)

Office:

1. An inter-district release from the resident district

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2. An Inter-SELPA Permit from the resident district SELPA Office

3. A copy of the most recent IEP

B. Permits must be renewed annually. The permit period extends from September 1 (July 1 for year

round schools) through August 30 of a given year. Renewal is based upon the applicants

continued eligibility and the ability of LAUSD to meet the goals identified on the IEP.

C. All incoming special education requests for permits will be considered for students residing outside

the Los Angeles Unified School District under the following conditions:

1. The student was previously enrolled in an LAUSD school under another permit, was made

eligible for special education and the school of attendance currently can implement the IEP.

2. The district of residence does not have an appropriate program to meet the student’s needs and

agrees to enter into an inter-agency agreement providing the services required. In addition, the

LAUSD must be able to implement the IEP.

D. Responsibility for the development and implementation of the IEP must be coordinated with the

sending district or SELPA.

E. The LAUSD school administrator is responsible for verifying the address of students for purposes

of enrollment and for verifying that Inter-district Permits are current and in order for non-resident

students.

F. Once a permit has been granted, the student is treated in every respect as a resident student in the

delivery of services, instruction, resolution or remediation of any problems. Special education

instruction and services may not be withheld.

II. IEP TEAM GUIDELINES FOR ANNUAL REVIEWS OF STUDENTS

RESIDING IN A DISTRICT OTHER THAN LAUSD

A. Prior to the IEP Meeting

The following guidelines apply for annual reviews or amendments to an existing IEP for students

attending a LAUSD school on an approved Inter-District Permit. A district of residence representative

shall be sent a copy of the LAUSD Notification to Participate in an Individualized Education Program

(IEP) Meeting for all IEP team meetings convened for the student. It is advisable that the district of

residence representative be contacted when scheduling the IEP meeting. The representative should

be informed of any significant changes to the IEP that are anticipated to be discussed at the IEP

meeting. The name and contact information for the representative can be obtained from the Division of

Special Education, Inter-District Permits Office, at (213) 241-6701.

B. During the IEP Meeting

The school of attendance will convene the IEP meeting jointly with the district of residence. If the

resident district is unable to send a representative and there is a needed change in the service

provision, it may be necessary to indicate on the IEP that the case will be referred back to the district of

residence. Please note that transportation is not available as a service to be provided by the LAUSD.

Similarly, the IEP team is not able to assure the renewal of the inter-district permit for the coming year.

If the IEP team, which includes the district of residence determines that the services by a Non-Public

Agency (NPA) or placement in a Non-Public School (NPS) are appropriate, the IEP team must

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document the recommendation for services on Page 12 and indicate that the student is referred back to

the district of residence for implementation.

C. After the Meeting

If there is disagreement with the IEP, the parent will be advised of the procedural safeguards and their

right to pursue a due process resolution. The resolution of this disagreement shall be between the

parent, LAUSD and the district of residence.

While this process is taking place the student shall remain in the current placement and receive the

services specified in the current IEP. The school administrator shall send a copy of the IEP to the

resident district and the:

Inter-District Permits for Special Education Office

Division of Special Education

333 South Beaudry Avenue, 17th Floor

Los Angeles, CA 90017

III. REQUESTS FOR ASSESSMENT OF RESIDENT STUDENTS ATTENDING

A DISTRICT OTHER THAN LAUSD

Requests for initial assessment for LAUSD resident students attending another district on a general

education permit shall be referred back to the LAUSD school of residence for assessment. The LAUSD

school of residence will hold the IEP jointly with staff from the district of attendance and will make an

offer of FAPE that would be implemented upon enrollment in LAUSD.

Conversely, LAUSD staff will refer a student attending an LAUSD school on a general education permit

to the student’s home district for assessment.

IV. PROCEDURES FOR LAUSD RESIDENTS REQUESTING OUT OF

DISTRICT PERMITS

Permit applications and procedures for filing are to be made available in every LAUSD school office.

Applications are to be sent along with an IEP to the LAUSD Permits and Transfer Office using the

address on the application.

V. INTER-DISTRICT APPEALS PROCEDURES FOR STUDENTS RECEIVING

SPECIAL EDUCATION AND RELATED SERVICES

The denial or cancellation of a permit may be appealed by the parent on the basis of a change in

placement or a denial to special education and/or services. In these circumstances, the school

administrator must provide the parent with information regarding how to file an appeal. The appeal is to

be submitted to the following office:

Los Angeles Unified School District

Inter-District Permit Office

Division of Special Education

333 S. Beaudry Avenue, 17th Floor

Los Angeles, CA 90017

For further assistance, contact the Division of Special Education, Inter-District Permits for Special

Education at (213) 241-6701.

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Page 271 of 358

GUIDELINES FOR THE IEP TEAM

ARENT’S RIGHT TO BE INFORMED IN

THEIR PRIMARY LANGUAGE OR

OTHER MODE OF COMMUNICATION

PURPOSE

These guidelines have been developed to provide assistance to school staff in order to enable parents

of students with disabilities to be informed participants in educational decision-making concerning their

child. Consistent with Federal and State laws, and District policy, these guidelines are designed to

ensure that forms, notices and guides relating to the special education or Section 504 process are

provided to parents in their primary language and that assessment reports are made available in the

parent’s primary language or mode of communication, if requested, and feasible to do so. And that

when requested, parents are provided the appropriate oral, written, sign, and other translation services

in their primary language or mode of communication at meetings about their child.

FOR FURTHER INFORMATION: For assistance regarding a parent's right to written translation, please

contact the Special Education Support Unit Administrator.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY...........................................................................................................271

A. District Forms, Notices, and Procedural Guides.......................................................................................................................271

B. Reasonable Accommodations..................................................................................................................................................272

II. TRANSLATION REQUIREMENTS AND AVAILABILITY OF TRANSLATED FORMS.............................................................272

A. Special Education Forms..........................................................................................................................................................272

B. Assessment Reports.................................................................................................................................................................272

C. IEP Documentation of Parent Request for Written Translation................................................................................................272

D. Section 504 Forms ...................................................................................................................................................................272

E. School Responsibility................................................................................................................................................................272

F. Student Success Team Forms and Notice of Disciplinary Action Forms..................................................................................273

G. Parent Contact Information ......................................................................................................................................................273

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

A. District Forms, Notices, and Procedural Guides

Parents of students with disabilities must be fully informed, in the form of communication they best use,

about their child's identification, evaluation, placement, instruction, and reevaluation for special

education services. To meet this intent, District forms, notices and procedural guides designed for

parents of students with disabilities are to be developed to be readable and linguistically appropriate to

the extent required by law. Generally, the forms, notices, and procedural guides referenced by this

policy include special education forms, notices, and guides; Section 504 forms and notices, Student

Success Team forms, and disciplinary notices and forms.

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So that parents are able to obtain further clarification of the content on any form, notice, or printed

information provided to them, all such documents are to include a contact number(s) for parents to call

if they have questions.

B. Reasonable Accommodations

Parents are entitled to reasonable accommodations to enable their participation in their child's

educational decision-making. In addition to reasonable accommodations for individuals with disabilities

such as special communication needs or mobility assistance, accommodations which the parent may

request in order to understand the content of forms and to participate in related meetings with school

staff also include oral interpretation and written translation into the parent's primary language.

II. TRANSLATION REQUIREMENTS AND AVAILABILITY OF TRANSLATED

FORMS

A. Special Education Forms

Standard District special education forms, notices, and procedural guides including the Are You

Puzzled by Your Child's Special Needs? brochure and A Parent's Guide to Special Education Services

(Including Procedural Rights and Safeguards), are available in the predominant languages of the

District and may be ordered from the District School Supplies and Equipment Warehouse at no charge

to the school. The principal/designee at each school should maintain an adequate supply of these

forms to annually address the linguistic needs of parents.

B. Assessment Reports

Parents are entitled to request a written translation of an assessment report in order to be fully informed

regarding the assessment results. Such requests are to be met, unless clearly not feasible to do so. If

the school does not have the necessary resources to provide the written translation, the

principal/designee may request a written translation by the District's Translation Unit.

C. IEP Documentation of Parent Request for Written Translation

The IEP team must document in Section N of the IEP that the parent has been informed of his/her right

to a written translation of the IEP by checking the appropriate box. If the parent requests a written

translation of the IEP, the IEP team must check the box that indicates that request and specify the

language requested. School staff is responsible to provide the written translation, unless clearly not

feasible to do so. If the school does not have the necessary resources to provide the written

translation, the principal/designee may request a written translation by the District's Translation Unit.

D. Section 504 Forms

Section 504 forms and notices are available in Spanish to schools in the District publication, Serving

Students with Disabilities Under Section 504: A Reference Manual, and may be duplicated by school

staff. The parent brochure, Section 504 and Students with Disabilities, is available in Spanish and may

be ordered from the District School Supplies and Equipment Warehouse at no charge to the school.

E. School Responsibility

The school is responsible to provide appropriate written linguistic translations of any of these

documents in the language requested by the parent as long as it is feasible to do so. If the school does

not have the translation resources necessary to address the parent's request, the school may request

such services from the District's Translation Unit.

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F. Student Success Team Forms and Notice of Disciplinary Action Forms

Student Success Team forms and forms regarding disciplinary actions provided to parents should be

translated into the primary language of the parents if the parents make such a request. If the parents

do not request a written translation, or it is not feasible to provide a written translation, school staff

should review the content of the documents orally in the primary language of the parents so that they

are fully informed.

G. Parent Contact Information

Schools should identify school staff, including a telephone number, that parents may contact if they are

in need of further assistance regarding the content of any forms, notices, or procedural guides sent or

given to them by school staff. Standard District forms include, in most cases, District contact

information for parents to receive further information regarding the content of the documents; however,

schools should also include school staff contact information for parents on these documents.

Page 274 of 358

Page 275 of 358

GUIDELINES FOR THE IEP TEAM

RESCHOOL POLICIES AND

PROCEDURES

PURPOSE

The purpose of this document is to provide supplementary guidance to staff involved in the

identification and education of children with disabilities ages three to five. Unless addressed in this

document, all other District policies and procedures regarding the education of students with disabilities

are to be followed.

FOR FURTHER ASSISTANCE: Please contact the Division of Special Education Infant and Preschool

Support Services office at (213) 241-4713.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY...........................................................................................................276

A. Eligibility.....................................................................................................................................................................................276

B. Referral......................................................................................................................................................................................277

C. Assessment...............................................................................................................................................................................278

D. Individualized Education Program (IEP)....................................................................................................................................279

E. Transition from Preschool to Kindergarten................................................................................................................................279

II. PROGRAM AND SERVICE OPTIONS.....................................................................................................................................280

A. Infant/Preschool Transition Services.........................................................................................................................................280

B. Preschool Phonological Groups ................................................................................................................................................280

C. Intensive Language Education Afterschool Program (ILEAP)...................................................................................................281

D. Community Afterschool Resource Team (CART) Program.......................................................................................................281

E. Related Services .......................................................................................................................................................................281

F. Preschool/Kindergarten Itinerant Teacher (PKIT) Services at District and Community Sites....................................................281

G. Head Start Preschool/Kindergarten Itinerant Teacher (PKIT) Services at Head Start Sites.....................................................281

H. Inclusion Facilitator Service.......................................................................................................................................................281

I. Preschool Collaborative Classrooms (PCC) at District Pre-Kindergarten Sites..........................................................................282

J. Preschool Collaborative Classes (PCC) at Early Education Center Sites..................................................................................282

K. Preschool Collaborative Classes (PCC) at Head Start Sites ....................................................................................................282

L. Preschool Mixed (PSM) Special Day Programs at General Education Schools........................................................................282

M. Preschool Intensive (PSI) and Preschool Categorical Special Day Programs..........................................................................283

N. Nonpublic School or Nonpublic Agency ....................................................................................................................................283

Page 276 of 358

2007 Manual Revisions

 I. Referral procedures for children enrolled in elementary school-based preschool programs.

 I. Referral procedures for children enrolled in Early Education Centers.

 I. Assessment procedures for children enrolled in elementary school-based preschool

programs.

 I. Assessment procedures for children at Early Education Centers.

 I. Assessment requirement for transition from Preschool.

 II. Afterschool Early Education Program is no longer a service option.

 II. Community Afterschool Resource Team (CART) Program is a new service option.

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

Individuals with exceptional needs between the ages of three and five years, inclusive, who are

identified by the District as requiring special education and services shall be eligible for special

education and services.

A. Eligibility

A preschool child three to five years of age qualifies as a child who needs early childhood special

education services if the child meets the following criteria:

1. Has been determined by an IEP team to have one of the following disabilities:

• Autism • Multiple Disabilities

• Deaf-blindness • Orthopedic Impairment

• Deafness

• Developmental Delay

• Other Health Impairment

• Specific Learning Disability

• Emotional Disturbance

• Established Medical Disability

• Hearing Impairment

• Speech or Language Impairment in one or

more of voice, fluency, language, and

articulation

• Traumatic Brain Injury

• Mental Retardation • Visual Impairment

Note: Established Medical Disability is defined by the California Education Code as a disabling

medical condition or congenital syndrome that has a high predictability of requiring special

education and services. This eligibility may only be used for preschool children 3 to 5 years of

age.

Note: The Developmental Delay eligibility is authorized under IDEA to be used at the discretion of

the State and the LEA. It is used by LAUSD on a pilot basis with criteria agreed upon by the

California Department of Education. The criteria is:

• For use with 3 through

5 year olds

• Assessment team agrees that there is “lack of clarity” in categorizing the child under one of the

13 Federal eligibility categories

• Child must at least have a delay of 50% in one developmental area or 25% in two

developmental areas (Areas: cognitive, physical, communication, social/emotional, adaptive

behavior)

• Child must be reassessed before entering 1st Grade

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2. Has needs that the IEP team has determined cannot be met with modification of a regular

environment in the home or school without ongoing monitoring or support and that such needs are

not primarily due to:

a. Unfamiliarity with the English language.

b. Temporary physical disabilities.

c. Social maladjustment.

d. Environmental, cultural, or economic conditions.

3. Needs specially designed instruction or services as determined by the IEP team.

B. Referral

Infants and Toddlers: If a parent requests an assessment or services for a child younger than age

three call, or have the parent call, the Infant and Preschool Support Services office at (213) 229-4713.

Inform the staff that the call is related to a referral of a child, birth to three. Note: Early intervention

services (Early Start) for infants and toddlers with disabilities, birth to three, are provided by the District

or the Regional Centers based on State policy and interagency agreements. In general, the District

provides early intervention services to infants and toddlers whose eligibilities are solely visual, hearing

or severe orthopedic. The Infant and Preschool Support Services office will, when appropriate, direct

the parent to the appropriate agency.

Child not enrolled in a District general education preschool: If a parent requests an assessment or

special education services for a child age three to five who is not currently enrolled in a District

preschool program, call or have the parent call, the Infant and Preschool Support Services office at

(213) 241-4713. Inform the staff that the call is related to a referral of a child age three to five.

Child enrolled in a District elementary school-based preschool program-staff referral: If a staff

member believes that a child age three to five may have a disability and require special education and

related services and wishes to request a special education assessment, they must follow the Referring

Students for a Special Education Assessment procedures in Part II, Chapter 1 Search and Serve

Procedures. In addition:

1. Observe and document the progress of the child using the Desired Results Developmental Profile

(DRDP).

2. Discuss concerns and review the DRDP with the administrator.

3. The administrator/designee may discuss accommodations or modifications that can be made in the

general education program to assist the student progress in the general education curriculum. A

meeting of the Student Success Team, can be utilized to design the accommodations or

modifications

4. If the decision is made to proceed with the Request for Special Education Assessment the prior

modifications and accommodations must be listed on Part C of the form.

5. Enter the date that the Request Form was received on the Referral Details section on the Welligent

screen.

6. Inform the parent/guardian that a request for special education assessment has been made and

that they will receive a special education assessment plan for their review and approval.

7. Ensure that the assessment plan is completed and provided to the parent/guardian within 15

calendar days of receipt of the written request.

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Child enrolled in a District elementary school-based preschool program-parent referral: If a

parent expresses concerns about their child and or raises the question of whether a special education

assessment should be conducted, meet with the parent to discuss their concerns and review the

Developmental Profile and teacher observations and assessments. Discuss any accommodations or

modifications that can be implemented to meet the student’s needs.

If after the above is completed, the parent wants to request a special education assessment of their

child, proceed with procedures outlined for school aged children.

Children enrolled in an Early Education Center Referral

1. Observe and document the progress of the child using the Desired Results Developmental

Profile (DRDP).

2. Discuss concerns and review the DRDP with the administrator.

3. The administrator/designee may discuss accommodations or modifications that can be made in

the general education program to assist the student progress in the general education

curriculum. A meeting of the Student Success Team, can be utilized to design the

accommodations or modifications

4. If the decision is made to proceed with the Request for Special Education Assessment,

complete the Skills Screening Checklist and the Request for Special Education form including

the prior modifications and accommodations on Part C of the form.

5. Fax the completed Request for Special Education Assessment and the Skills Screening

Checklist to Infant and Preschool Support Services office (213) 241-8932.

6. Enter the date that the Request Form was received on the Referral Details section on the

Welligent screen.

7. Inform the parent/guardian that the request for special education assessment has been made

and that the Infant and Preschool Support Services office will send a special education

assessment plan for their review and approval.

8. The school will be contacted by the Infant and Preschool Transition Service Facilitator (TSF)

who acts as the IEP manager throughout the preschool assessment process. Upon completion

of the preschool assessments, the TSF will contact the school to schedule the IEP meeting.

C. Assessment

1. Children not enrolled in an elementary school-based general education program.

All initial assessments of three and four year old children not enrolled in an elementary school-based

general education program are the responsibility of the District’s Infant and Preschool Special

Education Office. Once a child is receiving special education any reassessments are the responsibility

of the school of attendance or program in which the child is enrolled, with the exception that the Infant

and Preschool Office remains responsible for reassessments of children at Early Education Centers.

2. Children enrolled in an elementary school-based general education program.

Assessments of three and four year old children in a school based general education program are the

responsibility of the school-based assessment team except for psychological assessments. For

children requiring psychological assessments, school administrator should contact the Infant and

Preschool Support Services office for access to a preschool psychologist.

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3. Transition from Preschool.

Prior to transitioning a student with an IEP from a preschool program to kindergarten or first grade an

appropriate reassessment of the student must be conducted to determine if they are still in need of

special education and related services (See Transition From Preschool to Kindergarten below).

D. Individualized Education Program (IEP)

Initial IEP meetings are coordinated by the District’s Infant and Preschool Support Services office.

Annual reviews are the responsibility of the school of attendance or program in which the student is

enrolled. IEPs for preschool students follow the procedures and guidelines in Part II, Chapter 4 Getting

Ready For An IEP, and Chapter 5 Conducting An IEP. In addition:

1. Present levels of performance and annual goals and objectives are to be aligned to the preschool

curriculum.

2. Services are to be designed to meet the unique needs of the child and his/her family.

3. Services may be provided to individuals or small groups.

4. Services must include, when appropriate:

a. Observing and monitoring the child’s behavior and development in his/her environment.

b. Presenting activities that are developmentally appropriate for the child and are specially

designed, based on the child’s needs, to enhance the child’s development.

c. Interacting and consulting with family members, regular preschool teachers, and other service

providers, as needed, to demonstrate appropriate activities.

d. Assisting parents to seek and coordinate other services in their community that may be provided

to the child by various agencies.

e. Providing opportunities for the child to participate in play and exploration activities, to develop

self-esteem and pre-academic skills.

f. Providing access to developmentally appropriate equipment and specialized materials.

g. Providing related services, including parent counseling and training to help parents understand

the special needs of their child and their child’s development.

5. The duration of group services may not exceed four hours per day unless determined otherwise by

the IEP team.

E. Transition from Preschool to Kindergarten

An IEP meeting must be held before a student, currently receiving special education and services,

transitions to kindergarten. At the meeting the IEP team must consider whether the child is still in need

of special education and services.

To prepare for the IEP meeting the following should be implemented:

1. Classroom staff reviews the current classroom assessments, portfolios and anecdotal records and

completes pages one through five of the Classroom Team Assessment Report (CTAR).

2. School based team comprised of the site administrator/designee, special and general education

teacher, psychologist and related services providers meets and reviews the CTAR to make a

recommendation for the IEP team as to whether the student continues to need special education

and services. The team recommendations are recorded on page 6 of the CTAR.

3. Parents complete the Preschool Health Questionnaire available in the Document section of the

Welligent IEP system. School nurse reviews the questionnaire, completes additional assessment if

Page 280 of 358

needed and documents health report in Welligent. For children enrolled in District elementary

schools and primary centers, Health Questionnaire is reviewed by the nurse assigned to the school

site For children enrolled in Early Education Centers, Head Start, afterschool programs or

community preschools, Health Questionnaire is reviewed by Infant and Preschool nurses.

4. Based on the recommendations, the team determines if additional assessments of the student are

needed. If the team determines that additional assessments are needed, an assessment plan must

be developed and provided to the parent.

Note: If the team recommends that the student may no longer be eligible for special education, an

assessment plan must be developed. See Part II, Chapter 2 Developing a Special Education

Assessment Plan. If the team does not believe that further assessments are needed, the parent must

be informed, with an accompanying copy of A Parents Guide to Special Education (Including

Procedural Rights and Safeguards) and be advised that if they disagree they may request

assessments.

5. All staff responsible for the student’s IEP goals must determine the student’s present levels of

performance, at a minimum, in all four preschool curricular domains. Suggested goals for the

coming year should be developed for discussion at the IEP meeting. Goals should be based on

Kindergarten standards for Math, Reading, and Writing. Goals for functional skill areas (e.g.

communication, social) should also be developed.

6. The student’s teacher completes the Preschool to K Student Data Form and submits it to the

Preschool Program Specialist.

7. Representatives from the student’s school of residence are invited to the IEP meeting.

8. At the IEP meeting, the IEP team identifies and documents a means of monitoring continued

success of the student if the team recommends less intensive programs or services.

9. If the IEP team determines that the student will exit from special education, it completes the present

levels of performance and documents the student’s learning style. This information is to be provided

to the student’s kindergarten teacher.

II. PROGRAM AND SERVICE OPTIONS

The IEP team determines the specific services that are appropriate for each preschool child eligible for

special education. The options include:

A. Infant/Preschool Transition Services

The purpose of these services is to facilitate the transition from Infant to Preschool Services. Non-

classroom based Transition Service Facilitators work with families from the time of referral through the

assessment, Individualized Education Program (IEP), and placement process. For children leaving

early intervention services, this process begins at the Transition Individualized Family Service Plan

(IFSP) meeting when the child is 2 years 6 months of age. The Transition Service Facilitators act as a

bridge, linking the IDEA Part C (Infant) systems with the Part B (Preschool) systems, while also

providing support and information to each individual family. The services offered to both Part C

enrolled children and new referrals include family conferences, preschool program visits, resources on

the assessment and IEP process, and ongoing updates during the transition period.

B. Preschool Phonological Groups

Small groups of eligible children and their families meet together once a week for instruction that

focuses on speech needs in the area of articulation. Instruction is delivered by speech/language and

special education teachers and stresses a family/professional partnership. Facilitation of goals and

objectives is achieved through cooperation between parents and professionals. Professionals

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demonstrate and model instructional strategies that parents use throughout the week in the child’s

natural environment.

C. Intensive Language Education Afterschool Program (ILEAP)

Small groups of eligible children and their families meet together once or twice a week as determined

by the IEP for instruction that focuses on language development needs. Instruction is delivered by a

special education teacher, a general education teacher, and a special education trainee/assistant and

stresses a family/professional partnership. Facilitation of goals and objectives is achieved through

collaboration between parents and professionals. Professionals demonstrate and model instructional

strategies that parents use throughout the week in the child’s natural environment.

D. Community Afterschool Resource Team (CART) Program

Eligible children and their families meet twice a month for 45 minutes after regular school hours.

Services are provided in the child’s home by a special education teacher and an assistant with

consultation from LAS, APE, PSYCH and Health Services. Staff works with the parents and child to

facilitate the IEP goals through developmentally appropriate concrete experiences and play within the

natural context of family life. Staff provides parents with strategies for supporting the development of

the child and resources geared to their particular needs.

E. Related Services

The full range of related services are available to eligible preschool children.

F. Preschool/Kindergarten Itinerant Teacher (PKIT) Services at District and Community Sites

This program serves the district's pre-kindergarten classes, Early Education Centers, kindergarten

classes and community preschools. Itinerant early childhood special education teachers provide a

variety of services that include:

• Working within the pre-kindergarten, Early Education Center, kindergarten classes, or community

preschool classroom on an itinerant basis to help meet the needs of eligible children with

disabilities.

• Facilitating goals with individual children and small groups through the ongoing classroom program.

• Providing ongoing observations and evaluation.

• Working with special education preschool teachers and general education kindergarten teachers to

plan and support the transition from special education preschool to kindergarten.

• Meeting with staff to discuss observations, modifications, and to share feelings and concerns.

• Consulting and planning with parents.

G. Head Start Preschool/Kindergarten Itinerant Teacher (PKIT) Services at Head Start Sites

Eligible children enrolled in Head Start are provided the Preschool/Kindergarten Itinerant Teacher

Services (PKIT) through contracted State-certified Non-Public Agencies. Contracted agency personnel

provide special education services approximately once a week within the Head Start classrooms of the

identified children.

H. Inclusion Facilitator Service

Eligible children with moderate to severe needs enrolled in the District’s pre-kindergarten or

kindergarten classes receive support from special education teachers who typically work with the child

and the general education staff each week to facilitate the implementation of the child’s IEP goals while

ensuring access to the curriculum and classroom experiences.

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I. Preschool Collaborative Classrooms (PCC) at District Pre-Kindergarten Sites

This is a team-teaching program in School Readiness Language Development Program (SRLDP)

classrooms at a general education elementary school. The staff includes one SRLDP teacher and

assistant, and a special education teacher and assistant. Monday through Thursday the staff teams to

serve morning and afternoon groups of children for 2 hours and 20 minutes each (2 hours and 35

minutes at Concept 6 Calendar schools). These classrooms serve 30 children enrolled in SRLDP and

10 children eligible for special education. Each of the morning and afternoon groups are comprised of

15 children from SRLDP and 5 children eligible for special education. Service to families is a major

component of this program with Fridays being reserved for parent involvement activities, staff

development and team planning.

The content of the children's program on Monday through Thursday is based on the preschool

curriculum and stresses the facilitation of goals and objectives through developmentally appropriate

concrete experiences and play. The classroom receives support from the speech and language

specialist, adapted physical education teacher, school psychologist and nurse assigned to that school.

J. Preschool Collaborative Classes (PCC) at Early Education Center Sites

This program is designed for preschool children enrolled in Early Education Center programs and

children eligible for special education. The staff includes Early Education Center personnel, a special

education teacher and special education assistant. Monday through Friday morning the staff serves the

preschoolers enrolled in Early Education Center programs and 10 children eligible for special

education. They are fully integrated into the morning program at the Center for three hours each day.

The special education children may meet the regular Early Education Center eligibility requirements but

it is not required.

The content of the program is based on the District adopted preschool curriculum and stresses the

facilitation of goals and objectives through developmentally appropriate concrete experiences and play.

The centers receive other special education support when it is required to help meet the particular

needs of the enrolled children.

K. Preschool Collaborative Classes (PCC) at Head Start Sites

This program at Head Start sites is designed for children with special education eligibility and their

typically developing peers enrolled in those programs. The program staff includes the regular program

personnel along with a special education teacher and special education assistant.

The program operates Monday through Friday for three and one half hours with a minimum of 10 of the

children at the site being eligible for special education and having moderate to severe needs. The 10

children with special education needs are fully integrated within the program and the special education

staff work alongside the regular program staff in providing services.

The content of the program is based on the adopted curriculum of each Head Start agency and

stresses the facilitation of goals and objectives through developmentally appropriate concrete

experiences and play.

L. Preschool Mixed (PSM) Special Day Programs at General Education Schools

The PSM Special Day Program serves special education eligible children under kindergarten age with a

wide range of needs. The staff includes a special education preschool teacher and a special education

trainee/assistant. Monday through Thursday the staff serves a morning group of 10 children and an

afternoon group of 10 children for 2 hours and 20 minutes each (2 hours and 35 minutes at Concept 6

Calendar schools). Service to families is a major component of this program with Fridays being

reserved for parent involvement activities, staff development, and team planning.

The content of the program is based on the District adopted preschool curriculum and stresses the

facilitation of goals and objectives through developmentally appropriate concrete experiences and play.

Page 283 of 358

The program includes opportunities for interaction with typical preschool and kindergarten peers served

in programs on the same school campus. The classroom receives support from the speech and

language specialist, adapted physical education teacher, school psychologist and nurse assigned to

that school.

M. Preschool Intensive (PSI) and Preschool Categorical Special Day Programs

• PSI And Preschool Categorical Classes At General Education Schools

The PSI and Preschool Categorical classes at regular schools are designed for children who are

eligible for special education and have intensive needs. The PSI classes serve 8 children. Both PSI

and Preschool Categorical Classes meet Monday through Friday for 3 hours and 20 minutes daily (3

hours and 41 minutes at Concept 6 Calendar schools). Classes are scheduled for either morning or

afternoon.

Staff includes a special education preschool teacher and a special education assistant/trainee. The

content of the program is based on the District adopted preschool curriculum and stresses the

facilitation of goals and objectives through developmentally appropriate concrete experiences and play.

The program includes opportunities for interaction with typical preschool and kindergarten peers served

in programs on the same school campus. The classroom receives support from the speech and

language specialist, adapted physical education teacher, school psychologist, and nurse assigned to

that school.

• PSI And Preschool Categorical Classes At Special Education Centers

The PSI and Preschool Categorical classes at Special Education Centers are designed for children who

are eligible for special education and have intensive needs that may require the specialized

environment and support of the Special Education Center. The PSI classes serve 8 children. Both PSI

and Preschool Categorical classes meet Monday through Friday for 3 hours and 20 minutes daily.

Classes are scheduled for either morning or afternoon.

The staff includes a special education preschool teacher and a special education assistant/trainee. The

content of the program is based on the district adopted preschool curriculum and stresses the

facilitation of goals and objectives through developmentally appropriate concrete experiences and play.

Special Education Centers work collaboratively with State Preschool, Head Start, and other Early

Childhood Programs to create opportunities for interaction with typical peers. The children in these

classes are also served by the speech and language specialist(s), adapted physical education

teacher(s), nurse(s), school psychologist(s) and other providers of specialized services assigned to

Special Education Centers.

N. Nonpublic School or Nonpublic Agency

When determined appropriate by an IEP team, the District will provide for preschool service through

a State-certified Nonpublic School or Nonpublic Agency.

Page 284 of 358

Page 285 of 358

GUIDELINES FOR THE IEP TEAM

RIVATE SCHOOL STUDENTS WITH

DISABILITIES

PURPOSE

The purpose of these guidelines is to explain the District's policy for the provision of special education

services to parentally placed private school students with disabilities, ages 5 through 21, who attend

private schools located within the Los Angeles Unified School District boundaries. The guidelines

provide procedures to ensure that the District:

1. Locates, identifies, and evaluates students eligible for special education services;

2. Offers FAPE to eligible students residing within District boundaries;

3. Provides FAPE to eligible students residing within District boundaries upon enrollment in a public

school, and

4. Provides alternative services to eligible students with disabilities whose parents choose to place

them in private schools located within District boundaries regardless of where the student resides.

FOR FURTHER ASSISTANCE: Please contact the Coordinator, Private Schools, Division of Special

Education, at (213) 241-6701.

CONTENTS

I.LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY.............................................................................................................286

II. PROCEDURES FOR SERVING STUDENTS WITH DISABILITIES PLACED BY THEIR PARENTS AT PRIVATE SCHOOLS286

A. Child Find..................................................................................................................................................................................286

B. Special Education Identification................................................................................................................................................287

III. ALTERNATIVE SERVICES ......................................................................................................................................................288

A. Consultative Service.................................................................................................................................................................288

B. Professional Development........................................................................................................................................................288

IV. SERVICES PLAN.....................................................................................................................................................................288

A. Consultative Service.................................................................................................................................................................288

B. Review of Services Plan...........................................................................................................................................................289

V.STUDENT RECORDS................................................................................................................................................................289

VI. DISPUTE RESOLUTION..........................................................................................................................................................289

ATTACHMENT A...........................................................................................................................................................................290

ATTACHMENT B...........................................................................................................................................................................291

ATTACHMENT C...........................................................................................................................................................................292

Page 286 of 358

2007 Manual Revisions:

 I. LAUSD locates, identifies, and evaluates all parentally placed private school students

suspected of having a disability who attend private schools located within LAUSD boundaries

regardless of where the student resides.

 II. LAUSD provides alternative services to eligible students with disabilities whose parents

choose to place them in private school located within District boundaries (regardless of where

the student resides).

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

It shall be the policy of the District when parents choose to place their child in a private school, whether

or not the provision of FAPE is an issue, to develop a Services Plan describing alternative services for

consultation and/or professional development to private school personnel and parents.

II. PROCEDURES FOR SERVING STUDENTS WITH DISABILITIES PLACED

BY THEIR PARENTS AT PRIVATE SCHOOLS

Whenever students, ages 5 through 21, are offered a free appropriate public education (FAPE) in a

public school but are enrolled by their parents in a private school, the District shall provide a Services

Plan to determine their eligibility for alternative services.

A. Child Find

The District shall locate, identify, and evaluate all parentally placed private school students with

disabilities attending private schools located within LAUSD boundaries regardless of the residency

status of the students.

Procedures for eligible students residing within LAUSD boundaries:

1. Offer FAPE.

2. Provide FAPE upon enrollment in a public school.

3. Provide alternative services to eligible students whose parents choose to place them in private

schools located within LAUSD boundaries.

Procedures for eligible students residing outside LAUSD boundaries:

1. Obtain parental consent before releasing personally identifiable information to the District of

residence.

2. Provide alternative services to eligible students whose parents choose to place them in private

schools located within LAUSD boundaries.

1. The Division of Special Education shall:

a. Consult with representatives of private school students with disabilities regarding the child find

process, including but not limited to criteria for special education eligibility and special

education referral procedures;

b. Mail an annual explanation of the referral process to private school administrators;

c. Conduct an annual count of students with an IEP eligibility; and

d. Ensure child find activities undertaken for private school students are comparable to activities

undertaken for students with disabilities, ages 5 through 21, in public schools.

Page 287 of 358

2. The public school of residence shall provide information, A Parent’s Guide to Special Education

Services (Including Procedural Rights & Safeguards), to the parent(s) upon request.

B. Special Education Identification

1. For students residing within LAUSD boundaries:

a. The public school of residence shall conduct initial assessments and reassessments of

private school students referred for evaluation of eligibility for special education services

according to District guidelines.

b. The District’s written notification of the scheduled IEP team meeting shall be mailed to the

parent(s) and to the private school with a letter (Attachment B) stating that the meeting will

include a discussion of alternative services offered to students in private schools.

c. An IEP shall be developed to determine eligibility and to document FAPE, including a

specific offer of placement, for an eligible student upon enrollment in a public school.

d. If parent(s) agree that FAPE has been offered and choose to place the student in a public

school, the IEP team shall document in the IEP the parent(s) agreement that FAPE has

been offered and will be implemented upon enrollment in a public school.

e. If parent(s) agree that FAPE has been offered, but choose to place the student in a private

school, the IEP team shall document in the IEP the parent(s) agreement that FAPE has

been offered and will be implemented upon enrollment in a public school, but decline the

offer of FAPE and choose to place their child in a private school.

f. For students attending private school within District boundaries, conclude the IEP meeting

and immediately convene a Services Plan team meeting.

g. If parents disagree with the provision of special education services and/or offer of FAPE and

choose to place their child in private school, the IEP team shall:

1. Document in the IEP that parent(s) disagree with special education services and choose

to place their child in private school.

2. Conclude the IEP meeting and immediately convene a Services Plan team meeting,

even though FAPE is an issue.

3. Forward IEP according to District due process procedures.

h. If the student does not meet eligibility criteria for special education services established by

law, the IEP team shall provide the appropriate documentation on the IEP and conclude the

IEP meeting.

2. For students residing outside LAUSD boundaries:

a. Public school shall obtain the parent’s written consent to release information (Attachment A-

1).

b. Public school shall forward the referral for assessment and the consent to release

information to the Division of Special Education, Private Schools Office.

Page 288 of 358

III. ALTERNATIVE SERVICES

The District shall develop a Services Plan (Attachment C) describing alternative services for

consultation and/or professional development.

A. Consultative Service

1. Consultative service shall be provided to the teacher and parents of a student with an IEP that

specifies that the student meets one of the criteria listed below:

a. An eligibility of specific learning disability (SLD), emotional disturbance (ED), or autism

(AUT); or

b. A need for adapted physical education (APE) as a related service where any eligibility is

established.

2. Consultative service shall be provided at private school sites that are located within the District’s

boundaries and shall include:

a. Ten (10) consultative sessions of no more than 60 minutes each within a 12 month

period, excluding holidays, during the work hours of the District provider.

b. Suggested strategies and accommodations to facilitate learning in the educational

environment.

c. Observations, review of work samples, and conferences with the teacher(s) and/or parent(s)

as recorded on a consultation log for each session.

B. Professional Development

1. The District shall offer special education training and professional development activities to

the staff of all private schools located within LAUSD boundaries.

2. The Division of Special Education shall provide notices of scheduled activities to private

schools, but will not be responsible for any costs incurred for the attendance of the private

school staff.

IV. SERVICES PLAN

A Services Plan shall be developed for eligible students attending private schools located within

LAUSD boundaries. The meeting to develop the Services Plan shall be convened immediately

following an IEP team meeting that determines the private school student’s eligibility for special

education services.

The public school of residence shall convene a Services Plan team meeting comprised of the

following:

• Student, if appropriate;

• Parent(s)/guardian(s);

• District representative; and

• Private school representative. (If a private school representative cannot attend, participation

shall be ensured by means of an individual or conference telephone call.)

A. Consultative Service

1. If the student meets the criteria for a consultative service, the Services Plan shall be completed

by the Services Plan team to include:

a. Consultative service for which the student is eligible;

Page 289 of 358

b. Student’s present level of performance;

c. Recommended strategies and accommodations; and

d. Schedule of sessions.

2. If the student does not meet the criteria for consultative service, this will be indicated on the

Services Plan.

B. Review of Services Plan

1. A student receiving consultative service shall have only the Services Plan reviewed at an annual

Services Plan team meeting. Unless parent(s) requests a reassessment or an IEP team

meeting, this takes the place of an annual IEP Review.

2. Every three years a private school student’s IEP shall be reviewed by the public school of

residence. A re-assessment can be conducted if recommended in the previous year’s Services

Plan and after obtaining parent permission.

3. The Division of Special Education shall send an annual letter to offer an IEP review and/or

reassessment to parents of private school students with an IEP eligibility who are not receiving

a consultative service.

V. STUDENT RECORDS

Psychological case study educational records of private school students shall be maintained at the

appropriate Psychological Services Office.

The public school of residence shall process and maintain the records of private school students as

follows:

1. Create a special education folder (green folder) to file IEPs, Services Plans, and consultation logs.

2. For those students who do not meet eligibility criteria for special education services, forward the

students; names and student ID numbers to the Division of Special Education, Private Schools

Office.

3. Forward IEPs with disagreements according to District due process procedures.

4. Forward all completed Services Plans for students with eligibility for special education services to

the Division of Special Education, Private Schools Office.

VI. DISPUTE RESOLUTION

Due process hearing procedures do not apply to disputes over the Services Plan. Due process hearing

procedures may apply to disagreements over child find and the determination of eligibility.

Page 290 of 358

Bulletin No. BUL-1077 ATTACHMENT A-1

June 21, 2004

DISTRICT FORM FOR CONSENT TO RELEASE

CONFIDENTIAL STUDENT INFORMATION

[NOTE – REVIEW SCHOOL’S CURRENT CONSENT FORM FOR THE ELEMENTS BELOW]

STUDENT’S NAME:

STUDENT’S DATE OF BIRTH:

NAME OF SCHOOL:

CHECK ONE:

[ ] I am the

of the above named student, a non-emancipated

(Parent or Legal Guardian)

student under the age of 18. I hereby consent to the release of confidential student information relating to this

student.

[ ] I am an emancipated student or student over 18 years of age. I hereby consent to the release of my

confidential student information.

CHECK ONLY IF APPLICABLE:

[ ] Purpose of Release

– If consent is being given to release this information for a particular purpose, please

describe this purpose:

[ ] Time Limit

– If consent is being given to release this information during a particular period of time,

please write the beginning date and ending date of consent:

Beginning Date Ending Date

[ ] I do NOT want my student’s Directory Information (Name, Address, or Telephone Number) released to

anyone, including the U.S. Military, other than as required by law.

SIGNED:

DATE:

Page 291 of 358

ATTACHMENT B

(SCHOOL LETTERHEAD)

Date:

Dear Parent(s):

On June 4, 1997, the Individuals with Disabilities Education Act Amendments of 1997 (IDEA ’97), CFR

300.450-300.462, became the federal law that changed the responsibilities of school districts for provision of

special education to eligible children who are enrolled by their parents in private school or facilities. The

Individuals with Disabilities Education Improvement Act of 2004, reauthorizing IDEA ‘97, was signed into law

on December 3, 2004. At the IEP meeting scheduled for your child, the limitations created by the changes in law

will be discussed.

If your child is eligible for special education services, the Los Angeles Unified School District shall offer a free

appropriate public education (FAPE) to meet your child’s needs through enrollment and attendance in a public

school. At the IEP meeting, the available education options for your child will be discussed, including the

alternatives offered to students enrolled by their parents in private schools.

Because it is important that your child’s teacher or other representative from the private school be invited to

attend the meeting and participate in this discussion, a copy of the enclosed meeting notification has been sent to

the private school. If a private school representative cannot attend, we will arrange for participation of the private

school by means of an individual or conference call during the IEP meeting.

Enclosed you will find a Parent’s Guide to Special Education Services (Including Procedural Rights &

Safeguards), The IEP and You, and a notification of the IEP team meeting.

Sincerely Yours,

Page 292 of 358

LOS ANGELES UNIFIED SCHOOL DISTRICT

SERVICES PLAN

(Parentally Placed Private School Students with Disabilities - Ages 5 through 21)

PART III. ALTERNATIVE SERVICES

IEP ELIGIBILITY

Is the student’s special education eligibility: Specific Learning Disability (SLD), Emotional Disturbance (ED),

or Autism (AUT)?  YES  NO

Is the student eligible to receive adapted physical education (APE) as a related service?

 YES  NO

If “YES” is indicated for either statement, consultative service is offered.

If “NO” is indicated for both statements, consultative service is not offered.

As an alternative service, professional development opportunities will be offered to the staff of private schools, located within LAUSD boundaries, to

address the needs of students with special education eligibilities.

The District will provide notices of scheduled activities but will not be responsible for

any costs incurred for the attendance of the private school staff.

PART I. SERVICES PLAN TEAM MEETING INFORMATION

Type of Services Plan Team Meeting:  Initial  Review Date of Meeting:_____/_____/_____

Mo. Day Yr

PART I I. STUDENT INFORMATION

(PLEASE PRINT)

Student Name__________________________________/________________________________/_______

Last First MI

LAUSD Student ID#______________________

or District of Residence____________________________

Date of Birth _____/_____/_____ Age _______ Grade ______  Female  Male

Mo. Day Yr.

IEP Team Meeting Dates: Initial ____/____/____ Current ____/____/____ 3 Yr. Due ____/____/____

Mo. Day Yr. Mo. Day Yr. Mo. Day Yr.

IEP Eligibility: AUT / DEA / DBL / ED / HOH / MR / MD / OI / OHI / SLD / SLI / TBI / VI / DD

(Circle All That Apply)

Parent(s)/Guardian(s) ________________________________/__________________________________

Home Phone _________________ Work Phone ___________________Cell Phone_________________

Address

________________________________________________________________________

Street City State Zip

Email Address__________________________________________________________________________

LAUSD School of Residence _____________________________________________________________

Location Code ________________Phone _____________________________ Local District ____________

Private School _____________________________________________ Phone _____________________________

Address _______________________________________________________________________________

Street City State Zip

Email Address_______________________________________Fax________________________________

Is the private school located within the LAUSD boundaries?  YES  NO

Indicate the School District/Local District in which the private school is located, if known: _________________

Page 293 of 358

SERVICES PLAN DISTRIBUTION: Original: LAUSD School of Residence (File in green folder with IEP)

Copies

: 1) Parent 2) Private School 3) Division of Special Education, Private School Office

PART IV. PARENT DECISION/SIGNATURE

(INDICATE ONE DECISION)

 I/We understand that the student does not meet the criteria for consultative service.

 I/We agree that the student has been offered FAPE, meets the criteria for consultative service and

choose to place the student in a private school

 I/We accept the consultative services (Complete part V)  I/We decline consultative services.

 I/We agree that the student has been offered FAPE and choose to place the student in a public school.

omplete Part V pending enrollment in a public school.)

 I/We disagree

with the IEP team recommendation of FAPE.

(For initial IEPs, consultative services will not be provided until concerns are resolved.)

___________________________________________________________ Date _____/_____/_____

Signature of Parent/Guardian Mo. Day Yr.

Additional Services Plan Members

Print Name Signature

District Representative

Private School Representative

Other

Othe

PART V. CONSULTATIVE SERVICE

Pursuant to IDEA 1997 and 2004, the District will provide special education service(s) as outlined below for the student while

parentally placed in a private school.

SECTION A: CONSULTATIVE SERVICE

1. Select ONE type of consultative service:

 Classroom Instructional Strategies for special education eligibility of SLD, ED, or AUT

 Adapted Physical Education Strategies for the related service eligibility of APE

2. Current Level of Performance (Strengths and Needs):

_______________________________________________________________________________________________________________________

______________

3. Description of Consultative Service:

Ten [10] sessions of no more than 60 minutes each are provided within a 12 month period,

excluding holidays and vacations, during work hours of the District provider.

4. Consultative Service may include:

Remediation Strategies and Accommodations, Student Observations, Teacher and/or Parent

Conferences, Professional Development, Planning/Research, Service Plan Review Meeting.

SECTION B: PROCEDURAL SAFEGUARDS AND FOLLOW-UP ACTIONS

 Parents were informed that, while the student is enrolled in private school, he/she does not have an

individual right to receive some or all of the special education and related services in the IEP that he/she

would be eligible to receive if enrolled in public school. Parent(s)/Guardian(s) were informed of the transfer

of educational decision-making rights (17 year olds).

 This meeting is in preparation for the anticipated Three Year Review. Team Recommendation:

______________________________________________________________________________________

Services Plan Annual Review Meeting Due by: _____/_____/_____

Mo Day Yr

Page 294 of 358

Page 295 of 358

GUIDELINES FOR THE IEP TEAM

PECIAL EDUCATION

ACCOMMODATIONS AND

MODIFICATIONS FOR STATEWIDE

AND DISTRICT ASSESSMENTS

PURPOSE:

These special education guidelines have been developed to provide assistance to Individualized

Education Program (IEP) teams and other school staff in the procedures in determining appropriate

accommodations and modifications for students participating in State and District Assessments.

FOR FURTHER ASSISTANCE: Please contact the Special Education Support Unit Administrator.

CONTENTS

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY............................................................................................................295

II. TESTING GUIDELINES.............................................................................................................................................................296

III. IEP TEAM GUIDELINES...........................................................................................................................................................296

I. LOS ANGELES UNIFIED SCHOOL DISTRICT POLICY

Since 1997, the Individuals with Disabilities Education Act (IDEA) required that “children with disabilities

are included in general State and district-wide assessment programs, with appropriate

accommodations or modifications in administration, if necessary.” The No Child Left Behind Act also

requires that students with disabilities be included in State accountability systems.

Students with disabilities in the State identified grades are required to participate in the Statewide

assessment, Standardized Testing and Reporting (STAR) program. IEP teams cannot exempt students

with disabilities from testing.

Students with disabilities who are participating in the District curriculum or the District curriculum with

accommodations or modifications are required to participate in the District assessment program for

their age appropriate grade level. This would include the Open Court Reading assessments, periodic

math assessments, secondary English assessments, and science assessments. The program includes

reading, mathematics, science, and writing assessments.

Page 296 of 358

II. TESTING GUIDELINES

The District’s Planning, Assessment and Research Branch provides testing guidelines, including

guidelines for students with disabilities. The guidelines include a description of the accommodations or

modifications allowed in the STAR testing program.

The California Department of Education (CDE) provides an informational matrix regarding special

education accommodations and modifications for all California Statewide assessments. The CDE

website address to the matrix is www.cde.ca.gov/ta/tg/sa/documents/matrix5.pdf

Students with moderate-to-severe disabilities who receive instruction in an alternate curriculum (not the

general education curriculum) are administered the California Alternate Performance Assessment

(CAPA) and do not participate in the District assessments.

III. IEP TEAM GUIDELINES

The provision for accommodations and modifications is addressed in several places throughout the

IEP. IEP teams are required to address all the following areas;

1. Section I: Supports for Participation in General Education Activities.

Identify the supports a student will need to participate in general education activities.

2. Section J: Standards-Based Promotion

Describe the instructional accommodations or modifications a student will need in order to

progress in grade-level content curriculum. These must be explicitly described and related to the

areas of weakness described in the present level of performance.

3. Section K: Recommendation for Participation in State and District-wide Assessments.

Describe the accommodations or modifications a student will need to participate in State and

District-wide assessments. Recommended accommodations or modifications must be allowable by

the State and used in daily instruction. The testing matrix (see web address) will assist in identifying

allowable accommodations and modifications.

4. Section M: Check the curriculum in which the student will be participating.

 District curriculum for his/her grade level.

 District general education curriculum using accommodations/modifications identified in Section

 Alternate District curriculum provided to prepare him/her to access the District’s general

education curriculum. Identify alternate curriculum:

Subsequent to the IEP meeting, information regarding the designated accommodations and

modifications selected for the student must be provided to all personnel working with the student.

Page 297 of 358

APPENDIX B:

FORMS

Page 298 of 358

Page 299 of 358

2007 Manual Revisions

 Most of the forms previously included in this section have been removed because they were not

the forms currently used. If a form has been referenced in the procedures described in this

Manual and is not included in this section, the location of the most current version is identified

below.

 The following forms can be found in Appendix B of this Manual.

o Request for Surrogate Parent

o Types and Location of Educational Records

 The following forms can be ordered from the Stores Warehouse

o Free or Low Cost Legal Services and Other Relevant Services in the Los Angeles

Geographical Area

o Student Enrollment Form

o Student Information Questionnaire for Parents and Guardians

 The following forms can be requested as needed from your Special Education Support Unit.

o Recommendation for Nonpublic School Placement.

o Recommendation for Provision of DIS or Related Service by a Provider Not Currently at

School of Attendance.

 The following forms can be found in the eLibrary

of the Division of Special Education website at

http://sped.lausd.net

o School Self-Review Checklist: Students with Disabilities. See the “Reference Guide”

section for the latest issue of this reference guide and attachments.

o Special Allocation for Support of Special Education Compliance (Program 2817). See

the “Memorandum” section for the latest issue of this memo and attachments.

o Staff Input Survey. See the “Forms” section for this staff “IEP survey” form.

 The following forms referenced in the Manual can be found in the “Documents” section

of the

Welligent IEP System.

o Request for Special Education Assessment

o Parent Request for Reasonable Accommodations

o Referral From Early Education Centers (3.0-3.11, 4.0-4.11)

o Referral From Elementary Schools (State Preschool, SRLDP)

o IEP Team Member Excusal Form

o Senior Transition Inventory (This form replaces the Student Exit Interview form.)

 The following forms referenced in the Manual can be found on the Welligent IEP System when

writing IEPs for individual students.

o Special Education Notification/Assessment Plan

o Notification to Participate in an IEP Meeting

o Individualized Education Program (IEP) pages 1-12

o IEP supplemental pages

 Data/Transportation Transfer Form

Page 300 of 358

 Behavior Support Plan

 Emotional Disturbance Disability Certification

 Expulsion Analysis

 Individual Transition Plan

 Master Plan for English Language Learners

 Specific Learning Disabilities Certification

Page 301 of 358

LOS ANGELES UNIFIED SCHOOL DISTRICT

DIVISION OF SPECIAL EDUCATION

REQUEST FOR A SURROGATE PARENT

DIRECTIONS: The local school administrator shall complete the request and forward it to the

appropriate Coordinator, Special Education Services Unit.

Student’s Name: ______________________________ Date of Birth: _______________

School: _____________________________________ District: ___________________

Student is living with: ___________________________ Relationship: _______________

Address: ____________________________________ Phone No.:_________________

 1. Student is a ward/dependent of court and parent’s rights have been limited.

 2. No parent can be identified/located.

 3. A reasonable effort to locate parent was made

[ ] by mail _____/_____/_____

[ ] by telephone _____/_____/_____ _____/_____/_____ _____/_____/____

[ ] by certified/registered mail _____/_____/_____

[ ] by home visit _____/_____/_____

[ ] by contact with DCS/PO/RC worker _____/_____/_____

4. Is there anyone in student’s life who can act as surrogate parent? And who the school is

requesting to be appointed as the child’s surrogate?

____ YES* ____ NO

Name: ________________________________ Phone No.: __________________

Address: _____________________________________________________________

Relationship to student: ______________________________

5. Placing agency: ______________________________

Worker: _________________________________ Phone No.: ______________

*The School Volunteer Program form must be completed and attached.

FOR OFFICE USE ONLY: DO NOT WRITE BELOW THIS LINE

The following surrogate parent has been:  appointed  scheduled for training

Name: ______________________________________ Phone No.: __________________

Address: ___________________________________________________________________

Approved by: _____________________________ Title: __________________Date_______

Training date________________ Location________________________ Time____________

Place this form in the student’s green folder. Keep a copy on file at the school.

Page 302 of 358

Page 303 of 358

Los Angeles Unified School District

Division of Special Education

TYPES AND LOCATION OF EDUCATIONAL RECORDS

Directions

: The following list satisfies the Federal law which requires that districts shall provide parents,

upon request, a list of the types and locations of educational records collected, maintained or used by

the District (34 C.F.R., section 300.565).

TYPES OF RECORDS LOCATION AND CONTACT INFORMATION

• Adapted Physical Education (APE) Records School of Attendance

• Audiology Records

Deaf/Hard of Hearing/Audiology Office

333 South Beaudry, 16

Floor

Los Angeles, CA 90017

(213) 241-8053

• Counseling Records School of Attendance

• Cumulative Files School of Attendance

• Deaf/Hard of Hearing (D/HH) Deaf/Hard of Hearing/Audiology Office

333 South Beaudry, 16

Floor

Los Angeles, CA 90017

(213) 241-8053

• Health Records School of Attendance

• Individualized Education Programs (IEPs) School of Attendance

• Infant Services Records for students Infant/Preschool Support Services

birth to three years of age: 936 Yale Street

-Deaf/Hard of Hearing (D/HH) Los Angeles, CA 90012

-Visually Impaired (VI) (213) 229-4713

-Orthopedically Impaired (OI)

• Nonpublic School (NPS) Records for Nonpublic School of Attendance

students enrolled in Nonpublic schools

• Occupational Therapy (OT) Records School of Attendance or

OT/PT Office

333 South Beaudry, 16

Floor

Los Angeles, CA 90017

(213) 241-8054

• Orthopedic Impairment (OI) Records School of Attendance

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• Physical Therapy (PT) Records School of Attendance or

OT/PT Office

333 South Beaudry, 16

Floor

Los Angeles, CA 90017

(213) 241-8054

• Preschool Educational Records for students Infant/Preschool Support Services

currently enrolled in Head Start 333 South Beaudry, 16

Floor

Los Angeles, CA 90017

(213) 241-4713

• Preschool Intake and Assessment Records Infant/Preschool Support Services

333 South Beaudry, 16

Floor

Los Angeles, CA 90017

(213) 241-4713

• Preschool Educational Records for students School of Attendance or

receiving special education services in

schools within:

o Local Districts 1 and 2 Special Education Support Unit - North

8550 Balboa Boulevard, #150 Lobby 4

Northridge, CA 91325

(818) 256-2800

Fax (818) 894-9236

o Local Districts 3 and 7 Special Education Support Unit – Central/West

3741 S. LaBrea Avenue

Los Angeles, CA 90016

(323) 421-2950

Fax (323) 291-1624

o Local Districts 4 and 5 Special Education Support Unit – East

4201 Wilshire Boulevard, Suite 200

Los Angeles, CA 90010

(323) 932-2155

Fax (323) 934-5863

o Local Districts 6 and 8 Special Education Support Unit – South

1208 Magnolia Avenue

Gardena, CA 90247

(310) 354-3431

Fax (310) 769-4984

• Psychological Case Studies

for students enrolled in schools within:

o Local Districts 1 and 2 Special Education Support Unit - North

8550 Balboa Boulevard, #150 Lobby 4

Northridge, CA 91325

(818) 256-2800

Fax (818) 894-9236

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o Local Districts 3 and 7 Special Education Support Unit – Central/West

3741 S. LaBrea Avenue

Los Angeles, CA 90016

(323) 421-2950

Fax (323) 291-1624

o Local Districts 4 and 5 Special Education Support Unit – East

4201 Wilshire Boulevard, Suite 200

Los Angeles, CA 90010

(323) 932-2155

Fax (323) 934-5863

o Local Districts 6 and 8 Special Education Support Unit – South

1208 Magnolia Avenue

Gardena, CA 90247

(310) 354-3431

Fax (310) 769-4984

Psychological Case Studies Support Unit for the student’s public school

for students attending of residence

Nonpublic Schools (NPS)

• Psychological Case Studies Psychological Services Office

for students who have graduated Hughes Middle School

or no longer reside in 5607 Capistrano Avenue

LAUSD (except on Inter-District Woodland Hills, CA 91367

Permit) (818) 997-2547

• Speech and Language (SLI) Records School of Attendance

• Transition Services Records School of Attendance

• Visually Impaired (VI) Records Visually Impaired Program Coordinator

Blend School

5210 Clinton Avenue

Los Angeles, CA 90004

(213) 464-5052

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APPENDIX C:

TERMINOLOGY

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APPENDIX C

CHAPTER 1:

GLOSSARY

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LOSSARY

2007 Manual Revisions:

 Assistive technology device

 Core academic subjects

 Essential components of reading instruction

 Illegal drug

 Limited English proficient

 Parent

 Related Services

 Serious bodily injury

Accommodation: A change in the course; standard; or test preparation, location, timing, scheduling,

expectations, student response and/or other attribute which provides access for a student with a

disability to participate in a course, standard or test but which does not fundamentally alter or lower the

course, standard or test.

Adapted physical education: A modified general physical education program or a specially designed

physical education program in a special class, or consultative services provided to students, parents,

teachers, or other school personnel for the purpose of identifying supplementary aids and services or

modifications necessary for participation in the general physical education program or specially

designed physical education program.

Alternate Assessment: The instrument used for students who, due to their severe cognitive delays,

are instructed from the Alternate Curriculum.

Alternate Curriculum: A State and/or District adopted curriculum for students who are unable to

succeed in the general curriculum.

Americans with Disabilities Act: A Federal statute that prohibits discrimination/harassment on the

basis of disability in the areas of employment, public transportation, telecommunications, access to

public services programs, and activities of State and local governments, as well as those of commercial

facilities, private businesses, and nonprofit service providers.

Annual goals: The individualized education program team’s estimate, in measurable terms, of what

the student can reasonably be expected to accomplish with special education and related services

during the next 12 months based on the student’s present levels of performance, potential for learning

and rate of development.

Aphasia: See speech or language impairment

Assessment: An individual evaluation of a student in areas of suspected disability and/or educational

performance.

Assessment plan: A written statement that delineates how a student will be evaluated.

Assistive technology device: Any item, piece of equipment, or product system, whether acquired

commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve

functional capabilities of a child with a disability. The term does not include a medical device that is

surgically implanted or the replacement of such a device.

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Assistive technology service: Any service that directly assists a child with a disability in the selection,

or use of an assistive technology device.

At no cost to the parents: A free appropriate public education is provided without charge, but does

not preclude incidental fees that are normally charged to nondisabled students or their parents as part

of the general education program.

Audiological services: Aural rehabilitation (auditory training, speech reading, language habilitation,

and speech conservation) and habilitation with individual students in the general classroom; monitoring

hearing levels, auditory behavior, and amplification for all pupils requiring personal or group

amplification in the instructional setting; planning, organizing, and implementing an audiology program

for students with auditory dysfunctions, as specified in the individualized education program; or

consultative services regarding test finding, amplification needs and equipment, otological referrals,

home training programs, acoustic treatment of rooms, and coordination of educational services to

hearing impaired students.

Autism: A student exhibits any combination of the following autistic-like behaviors, to include but not

limited to:

• An inability to use oral language for appropriate communication

• A history of extreme withdrawal or relating to people inappropriately and continued impairment

in social interaction from infancy through early childhood

• An obsession to maintain sameness

• Extreme preoccupation with objects or inappropriate use of objects, or both

• Extreme resistance to controls

• Displays peculiar motoric mannerisms and mobility patterns

• Self-stimulating, ritualistic behavior

Behavior support plan: A written document developed by an IEP team for any student with a disability

experiencing daily behavior challenges in the classroom or school setting which interferes with the

student’s learning and progress toward mastery of individualized education program goals and

objectives. For behaviors not serious enough to warrant a behavioral intervention plan.

Behavioral emergency: The demonstration of a serious behavior problem which has not previously

been observed and for which a behavioral intervention plan has not been developed, or for which a

previously designed behavioral intervention is not effective.

Behavior intervention: The systematic implementation of procedures that result in lasting positive

changes in the individual’s behavior including the design, implementation, and evaluation of individual

and group instructional and environmental modifications and behavioral instruction. Behavioral

interventions do not include procedures which cause pain or trauma.

Behavior intervention case manager: a designated certificated staff member, who has been trained

in behavior analysis with an emphasis on positive behavioral interventions.

Behavior intervention plan: A written document which is developed by an individualized education

program team, when the student exhibits a serious behavior problem that significantly interferes with

the implementation of the goals and objectives of the student’s IEP.

Benchmarks: Specific statements of what students should know. They allow for tracking a student’s

progress through school and help determine if a student’s educational program is appropriate.

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Blended Services: The special education teacher provides intensive instructional services outside of

the general education classroom for identified students, but also co-teaches within the general

education classroom for a period of time using the formats described in co-teaching.

Blindness: See visual impairment.

Child (student) with a disability (in general): A student who has a mental or physical disability which

limits one or more of the student’s major life activities.

Child (student) with a disability (special education): A student, age three through twenty-one,

evaluated in accordance with Federal and State policy as having mental retardation, a hearing

impairment including deafness, a speech or language impairment, a visual impairment including

blindness, emotional disturbance, an orthopedic impairment, autism, traumatic brain injury, an other

health impairment, a specific learning disability, or multiple disabilities, and who, by reason thereof,

needs special education and related services.

Collaborative Consultation: A service provided indirectly to the student consisting of regular review of

student progress, accommodations and modifications of core material and modeling of instructional

practices through collaborative consultation between the special education and general education

teachers.

Collaborative Co-teaching: A process by which the general education and special education teachers

work together to teach students with/without disabilities in a shared classroom. Both are responsible for

instructional planning and delivery, student achievement, assessment, and discipline. Students receive

age-appropriate academics, support services, and possibly modified instruction.

Complainant: Any individual, including a person’s duly authorized representative or an interested third

party, public agency, or organization who files a written complaint alleging violations of Federal or State

laws or regulations or District policies or procedures.

Consent (parental): Parental approval of an activity once the parent; has been fully informed of all

information relevant to the activity for which consent is sought, in his/her native language or other mode

of communication; understands and agrees in writing to the carrying out of the activity for which his/her

consent is sought, and the consent describes that activity and list the records, if any, that will be

released and to whom; and understands that the granting of consent is voluntary on the part of the

parent and may be revoked at any time and that revocation of consent is not retroactive.

Content standards: What students are expected to know and be able to do in each subject area and

grade level.

Core academic subjects: English, reading or language arts, mathematics, science, foreign language,

civics and government, economics, arts, history, and geography.

Core Curriculum: The basic curriculum utilized by the general education program based on State

Standards and aligned to the State Content Area Frameworks.

Days: Calendar days unless otherwise designated.

Deaf: A student has a hearing impairment, whether permanent or fluctuating, which impairs the

processing of linguistic information through hearing, even with amplification, and which adversely

affects educational performance. Processing information includes speech and language reception and

speech and language discrimination.

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Deaf-Blindness: A student has concomitant hearing and visual impairments, the combination of which

causes severe communication, developmental and educational problems.

Designated instruction and services: See related services.

Dual enrollment: The education of a student with a disability part-time in a nonpublic school and part-

time in a public school.

Counseling and guidance: Educational counseling in which the student is assisted in planning and

implementing his/her immediate and long-range educational program; career counseling in which the

student is assisted in assessing his/her aptitudes, abilities, and interests in order to make realistic

career decisions; personal counseling in which the student is helped to develop his/her ability to

function with social and personal responsibility; or counseling with parents and staff members on

learning problems and guidance programs for students.

English Language Development Standards: Designed to supplement the English Language Arts

standards to ensure that English learners develop proficiency in both the English language and the

concepts and skills contained in the English Language Arts standards.

Emotional disturbance: A student exhibits one or more of the following characteristics over a long

period of time and to a marked degree which adversely affect educational performance:

• An inability to learn which cannot be explained by intellectual, sensory, or health factors.

• An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.

• Inappropriate types of behavior or feelings under normal circumstances exhibited in several

situations.

• A general pervasive mood of unhappiness or depression.

• A tendency to develop physical symptoms or fears associated with personal or school problems.

The term does not apply to children who are socially maladjusted, unless it is determined that they have

an emotional disturbance.

Established medical disability: A disabling medical condition or congenital syndrome that the

individualized education program team determines has a high predictability of requiring special

education and related services. Applies only to children ages three through four.

Essential components of reading instruction: Explicit and systematic instruction in phonemic

awareness, phonics, vocabulary development, reading fluency including oral reading skills and reading

comprehension strategies.

Essential standards: Standards that identify specific content critical to the student’s program through

curriculum. Essential standards are emphasized in STAR testing.

Extended school year services: Special education and related services provided during the

summer/intersession for a student with disabilities that an IEP team determines needs such services to

prevent regression of learned skills or behaviors that the student is unlikely to recoup in a reasonable

period of time, or for a student with severe disabilities to learn critical skills that are essential to the

student’s progress and lead to independent functioning and integration with nondisabled individuals.

Family Educational Rights and Privacy Act: A Federal statute giving parents the right to inspect and

review their child’s educational records, to amend errors or inaccuracies in those records, and to

consent to disclosure of records.

Free appropriate public education: Special education and related services that are provided at public

expense, under public supervision and direction, and without charge; meet the standards of the

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California Department of Education and the requirements of the Individuals with Disabilities Education

Act; include preschool, elementary or secondary education; and are provided in conformity with an

individualized education program.

Functional analysis assessment: A systematic evaluation of a student, for whom an individualized

education program team has determined that instructional/behavioral approaches have been

ineffective. Conducted by, or under the supervision of a person who has documented training in

behavioral analysis with an emphasis on positive behavioral interventions, to provide a description of

the targeted behavior(s) in objective and measurable terms; a description of the targeted behavior(s)

that includes baseline data and an analysis of the antecedents and consequences that maintain the

targeted behavior, and a functional analysis of the behavior across all settings; a description of the rate

of alternative behaviors, their antecedents and consequences; and recommendations for consideration

by the IEP team.

Hard of hearing: A student has a hearing impairment, whether permanent or fluctuating, which impairs

processing of linguistic information through hearing, even with amplification, and which adversely

affects educational performance, but the severity of the impairment does not establish eligibility under

the definition of deafness. Processing linguistic information includes speech and language reception

and speech and language discrimination.

Health or nursing services: Managing the student’s health problems on the school site; consulting

with students, parents, teachers, and other school personnel; group and individual counseling with

parents and students regarding health problems; maintaining communication with health agencies

providing care to student’s with disabilities; or providing services by qualified personnel.

High stakes test: Tests used in making decisions about whether students will be promoted or retained

and/or receive a high school diploma.

Home and hospital services: Instruction delivered to students with disabilities, individually, in small

groups, or by teleclass, whose medical condition such as those related to surgery, accidents, short-

term illness or medical treatment for a chronic illness prevents the student from attending school.

Inclusion: A service delivery option for students with moderate to severe disabilities that brings

specially designed instruction and supports for students with disabilities into the context of regular

education settings. Students may be partially or fully included in general education with supports

provided by a collaborative team.

Individual with exceptional needs: See child (student) with a disability (special education).

Individuals with Disabilities Education Act: A Federal statute setting substantive and procedural

standards for the provision of special education and early intervention to children with disabilities and

funding to State and local education agencies. It also supports personnel preparation, research,

technical assistance and model programs.

Individualized education program: A written statement for a student with a disability that is developed

reviewed and revised in a meeting that meets the requirements of Federal and State policy.

Individualized family service plan: A written plan providing early intervention services to infants or

toddlers and their families who have been determined eligible for early intervention services and that

meets the requirements of Federal and State policy.

Initially identified fluent English-proficient: Students initially identified through an assessment

process as fluent English-proficient at the time of enrollment.

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Interagency agreement: A written document negotiated between two or more public agencies which

defines each agency’s role and responsibilities for providing services to students with disabilities and

for facilitating the coordination of these services.

Illegal drug: A controlled substance, but does not include a controlled substance that is legally

possessed or used under the supervision of a licensed health-care professional or that is legally

possessed or used under any legal authority.

Language and speech: See speech and language impairment.

Language and speech development and remediation: Screening, assessment, individualized

education program development and direct speech language services delivered to students with

disabilities who demonstrate difficulty understanding or using spoken language to such an extent that it

adversely affects their educational performance and cannot be corrected without special education and

related services.

Least restrictive environment: 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 nondisabled; and that special classes, separate schooling or other removal of children with

disabilities from the regular educational environment occurs only if the nature or severity of the disability

is such that education in regular classes with the use of supplementary aids and services cannot be

achieved satisfactorily.

Limited English proficient: A student who was not born in the United States or whose language is a

language other than English: or is Native American, Alaska Native or a native resident of an outlying

area; and who comes from an environment where a language other than English is dominant; and

whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient

deny the individual the ability to meet the State’s proficiency level of achievement on State

assessments, the ability to successfully achieve in classrooms where the language of instruction is

English, or the opportunity to participate fully in society.

Low incidence disability: A severe disabling condition with an expected incidence rate of less than

one percent of the total statewide enrollment in kindergarten through grade 12. Included are hearing

impairments, vision impairments and severe orthopedic impairments, or any combination thereof.

Mediation: A problem-solving activity whereby a third party assists the parties to a dispute in resolving

the problem.

Mental retardation: A student has significantly below average general intellectual functioning existing

concurrently with deficits in adaptive behavior and manifested during the developmental period, which

adversely affects a pupil’s educational performance.

Modification: A change in the course; standard; or test preparation, location, timing, scheduling,

expectations, student response, and/or other attribute which provides access for a student with a

disability to participate in a course, standard or test, but which does fundamentally alter or lower the

standard or expectation of the course, standard or test.

Multiple disabilities: Concomitant impairments, the combination of which causes such severe

educational needs that they cannot be accommodated in special education programs solely for one of

the impairments. One of the impairments must be hearing, orthopedic or vision. The term does not

include deaf-blindness.

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Multiple disabilities, hearing: See multiple disabilities.

Multiple disabilities, orthopedic: See multiple disabilities.

Multiple disabilities, vision: See multiple disabilities.

Nonpublic agency: A private establishment or individual that is certified by the California Department

of Education and that provides related services necessary to implement a student’s individualized

education program.

Nonpublic school: A private school, certified by the California Department of Education, that enrolls

students with disabilities pursuant to an individualized education program.

Objectives (short term, incremental): Sequential, incremental and measurable written statements,

developed by an individualized education program team to mark progress toward attainment of annual

goals.

Occupational therapy: The use of various treatment modalities including self-help skills, language and

educational techniques as well as sensory or motor integration, physical restoration methods and

prevocational exploration to facilitate physical and psychosocial growth and development.

Office of Special Education Programs: The office within the U.S. Department of Education

responsible for the administration of the Individuals with Disabilities Education Act.

Orthopedic impairment: A student has a severe orthopedic impairment that adversely affects the

student’s educational performance. The term includes impairments caused by congenital anomaly (e.g.,

clubfoot, absence of some member, etc.), impairments caused by disease (e.g., poliomyelitis, bone

tuberculosis, etc.) and impairments from other causes (e.g., cerebral palsy, amputations, and fractures

or burns that cause contractures).

Other health impairment: A student has limited strength, vitality or alertness, due to chronic or acute

health problems, including but not limited to a heart condition, cancer, leukemia, rheumatic fever,

chronic kidney disease, cystic fibrosis, severe asthma, epilepsy, lead poisoning, tuberculosis and other

communicable infectious diseases and hematological disorders such as sickle cell anemia and

hemophilia which adversely affects a students educational performance. This health problem is not

temporary in nature.

Orientation and mobility instruction: Specialized instruction for students in orientation and mobility

techniques or consultative services to other educators and parents regarding instructional planning and

implementation of the individualized education program relative to the development of orientation and

mobility skills and independent living.

Out of level testing: A student in one grade is assessed for achievement using a version of a test

intended for students in another grade.

Parent (for special education decision making): Includes; a person having legal custody of a

student, a person acting in place of a parent, such as a grandparent or stepparent with whom the

student lives; an individual designated by the parents to act on behalf of the student; a foster parent if

the natural parent’s authority to make decisions has been limited by court order and the foster parent

has an ongoing long term parental relationship with the student, is willing to assume the role of parent

in educational decision making and has no interest that would conflict with the interest of the student,

the student, if age 18 or older, for whom no guardian or conservator has been appointed; a surrogate

parent appointed for a student who is a ward of the State or for a student whose parent is unknown or

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whose whereabouts cannot be determined, and an individual designated by the parents to act on behalf

of the student.

Parent counseling and training: Assisting parents in understanding the special needs of their child

and providing parents with information about child development.

Partially sighted: See visual impairment

Performance standards: specific knowledge and skills that students are expected to demonstrate.

Physical education: Development of physical and motor fitness; fundamental motor skills and

patterns; and skills in dance, individual and group games and sports; and includes specially designed

physical education, adapted physical education, movement education and motor development.

Physical therapy: Administration of active, passive and resistive therapeutic exercises and local or

general massage, muscle training and corrective exercises and coordination work; administration of

hydrotherapy treatments; assistance in administrating various types of electrotherapy including

ultraviolet, infrared, diathermy and inductothermy; teaching parents of hospitalized students exercises

which are to be continued at home and interpret to them the significance of physical therapy services;

and instruction in walking, standing, balance, use of crutches, cane or walker and in the care of braces

and artificial limbs.

Present levels of performance: Written statements developed by an individualized education program

team of how a student is performing in school including progress in the general curriculum or an

alternative curriculum and State standards.

Primary Language: The language normally used by an individual. In all direct contact with a child

(including evaluation of the child) the language normally used by the child in the home or learning

environment. For an individual with deafness or blindness or no written language, the mode of

communication that is normally used by the individual (such as sign language, Braille, or oral

communication).

Psychological counseling: Psychological counseling provided to students with disabilities;

consultative services to parents, students, teachers and other school personnel; or planning and

implementing a program of psychological counseling for students with disabilities and parents. This

term does not include assessment services and the development of the individualized education

program.

Pullout Model: A service delivery option where the student is removed from the general education

setting to receive specialized instruction from a service provider other than the classroom teacher.

Qualified personnel: Personnel who have met the State of California’s approved or recognized

certification, licensing, registration or other comparable requirements that apply to the area in which the

individuals are providing special education and related services.

Recoupment: The period of time needed for a student to reacquire a skill lost (regression) during the

summer/intersession.

Recreation services: Therapeutic recreation and specialized instructional programs designed to assist

students to become as independent as possible in leisure activities and when possible and appropriate,

facilitate the pupils integration into general recreation programs; recreation programs in schools and the

community that emphasize the use of leisure activity in the teaching of academic, social, and daily living

skills and the provision of non-academic and extracurricular leisure activities and the utilization of

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community recreation programs and facilities; or leisure education programs designed to prepare the

student for optimum independent participation in appropriate leisure activities, and developing

awareness of personal and community leisure resources.

Redesignated fluent English-proficient: Students who acquired English language skills in school and

subsequently passed assessments to redesignate to fluent English proficient.

Regression: The significant loss of a skill during the summer/intersession.

Related services: Transportation and such developmental, corrective, and other supportive services

as are required to assist a child with a disability to benefit from special education, and includes; speech-

language pathology and audiology services, interpreter services, psychological services, physical and

occupational therapy, therapeutic recreation, counseling services, rehabilitation counseling, orientation

and mobility services, school nurse services designed to enable a student with a disability to receive a

free appropriate public education as described in the individualized education program of the student,

social work services in schools, and parent counseling and training. The term does not include a

medical device that is surgically implanted or the replacement of such device.

Resource specialist program: Instruction and services for students with disabilities who are assigned

to general education teachers for the majority of the school day, including; the provision of information

and assistance to students with disabilities and their parents; provision of consultation, resource

information, and material regarding students with disabilities to parents and staff; coordination of

special education services with the general school programs for each student enrolled in the resource

specialist program; monitoring of pupil progress on a regular basis; and at the secondary level

emphasis on academic achievement, career and vocational development, and preparation for adult life.

Section 504 of the Rehabilitation Act of 1973: A Federal civil rights statute that prohibits

discrimination/harassment on the basis of disability in any program or activity receiving Federal

financial assistance.

Serious bodily injury: A bodily injury that involves a substantial risk of death, extreme physical pain,

protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily

member, organ or mental faculty.

Social worker services: Individual or group counseling with the student and his/her immediate family;

consultation with students, parents, teachers and other personnel, regarding the effects of family and

other social factors on the learning and developmental requirements of children with disabilities; or

developing a network of community resources, making appropriate referral and maintaining liaison

relationships among the school, student, family, and the various agencies providing social income

maintenance, employment development, mental health, or other developmental services.

Special day program: Programs that serve students with disabilities with similar and more intensive

educational needs. Students can only be placed in special day programs when an individualized

education program team determines that education in general education classes with the use of

supplementary aids and services, including curriculum modification and behavioral support, cannot be

achieved satisfactorily.

Special education: Specially designed instruction, at no cost to the parents, to meet the unique needs

of a child with a disability, including instruction conducted in the classroom, in the home, in hospitals

and institutions, and in other settings; and instruction in physical education; and speech language

pathology, travel training and vocational education if they are required to meet the unique needs of the

child.

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Specialized driver training instruction: Instruction to students with disabilities to supplement the

general driver-training program.

Specially designed instruction: Adapting, as appropriate, to the needs of a child with a disability, the

content, methodology or means of instruction to address the unique needs of the child that result from

the child’s disability; and to ensure access of the child to the general curriculum, so that he/she can

meet the educational standards that apply to all children.

Specially designed vocational education and career development: Providing prevocational

programs and assessing work-related skills, interests, aptitudes, and attitudes; coordinating and

modifying the general vocational education program; assisting pupils in developing attitudes, self-

confidence, and vocational competencies to locate, secure and retain employment in the community or

sheltered environment and to enable such students to become participating members of the

community; establishing work training programs within the school and community; assisting in job

placement; instructing job trainers and employers as to the unique needs of the student; or coordinating

services with the Department of Rehabilitation, the Employment Development Department and other

agencies as designated in the individualized education program.

Specific learning disability: A student has a disorder in one or more of the basic psychological

process involved in understanding or in using language spoken or written, that may manifest itself in an

impaired ability to listen, think, speak, read, spell or do mathematical calculations, and has a severe

discrepancy between intellectual ability and achievement in one or more academic areas. The term

does not include learning problems that are primarily the result of visual, hearing, or motor disabilities,

of mental retardation, of emotional disturbance, or of environmental, cultural, or economic

disadvantage.

Speech or language impairment: A student shall be assessed as having a language or speech

disorder which makes him or her eligible for special education and related services when he or she

demonstrates difficulty understanding or using spoken language to such an extent that it adversely

affects his or her educational performance and cannot be corrected without special education and

related services. The disorder is not due to unfamiliarity with English.

Standards: General statements of what students should know or be able to do as the result of

education.

Student success team: A formal general education process that helps school site personnel and

parents address the learning and/or behavioral needs of individual students.

Supplementary aids and services: Aids, services and other supports that are provided in general

education classes or other education-related settings to enable children with disabilities to be educated

with nondisabled children to the maximum extent appropriate.

Surrogate parent: An individual appointed to assume the role of parent in special education decision

making when the student is a ward of the State or the parent is unknown or unavailable.

Transition services: A coordinated set of activities for a student with a disability that is designed within

an outcome oriented process; that promotes movement from school to post-school activities, including

postsecondary education, vocational training, integrated employment (including supported

employment), continuing and adult education, adult services, independent living, or community

participation; is based on the individual student’s needs, taking into account the student’s preferences

and interests; and includes instruction, related services, community experiences, the development of

employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living

skills and functional vocational evaluation.

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Traumatic brain injury: An acquired injury to the brain caused by physical force, resulting in total or

partial functional disability or psychosocial impairment, or both, that adversely affects a child’s

educational performance, The term applies to open or closed head injuries resulting in impairments in

one or more areas such as cognition; language; memory; attention; reasoning,; abstract thinking;

judgment; problem-solving; sensory, perceptual and motor abilities; psychosocial behavior; physical

functions; information processing; and speech. The term does not apply to brain injuries that are

congenital or degenerative, or to brain injuries induced by birth trauma.

Travel training: Providing instruction, as appropriate, to children with significant cognitive disabilities,

and any other children with disabilities that require this instruction, to enable them to develop an

awareness of the environment in which they live; and learn the skills necessary to move effectively and

safely from place to place within that environment.

Vision services: Adaptations in curriculum, media, and the environment, as well as instruction in

special skills; or consultative services to students, parents, teachers, and other school personnel.

Visual impairment including blindness: A pupil has a visual impairment which, even with correction,

adversely affects a student’s educational performance. The term includes both partial sight and

blindness.

Vocational education: Organized educational programs that are directly related to the preparation of

individuals for paid or unpaid employment or for additional preparation for a career requiring other than

a baccalaureate or advanced degree.

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APPENDIX C

CHAPTER 2:

ACRONYMS

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CRONYMS

ADA: Americans with Disabilities Act

ADD/ADHD: Attention Deficit Disorder/Attention Deficit Hyperactivity Disorder

APE: Adapted Physical Education

APEIS: Assistant Principal, Elementary Instructional Services

APH: Aphasia

APSCS: Assistant Principal, Secondary Counseling Services

ASL: American Sign Language

AT: Assistive Technology

AUT: Autism

BICM: Behavior Intervention Case Manager

BSP: Behavior Support Plan

BIP: Behavior Intervention Plan

CA: Chronological age

CAC: Community Advisory Committee

CAHSEE: California High School Exit Exam

CAPA: California Alternate Performance Assessment

CBI: Community Based Instruction or Instructor

CAT: California Achievement Tests

CEC: California Education Code

CCR: California Code of Regulations

CCR: Coordinated Compliance Review

CDE: California Department of Education

CFR: Code of Federal Regulations

CP: Cerebral Palsy

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CST: California Standards Test

CUM: Cumulative File

CWST: California Writing Standards Test

DBL: Deaf-Blindness

DD: Developmental Disability

DHH: Deaf and/or Hard of Hearing

DIS: Designated Instruction and Services

DSM: Diagnostic and Statistical Manual of Mental Disorders

DVR: District Validation Review

ED: Emotional Disturbance

ELD: English Language Development

ESY: Extended School Year

FAA: Functional Analysis Assessment

FERPA: Family Educational Rights and Privacy Act

FAPE: Free Appropriate Public Education

504: Section 504 of the Rehabilitation Act of 1973

GATE: Gifted and Talented Education

GED: General Educational Development (Test)

IAES: Interim Alternative Educational Setting

IDEA: Individuals with Disabilities Education Act

IEE: Independent Educational Evaluation

IEP: Individualized Education Program

IFSP: Individualized Family Service Plan:

IFEP: Initially Identified Fluent English-Proficient

IHE: Institution of Higher Education

ILEAP: Intensive Language Education Afterschool Program (Preschool)

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ITP: Individual Transition Plan

IWEN: Individual with Exceptional Needs

KPI: Key Performance Indicator

LAS: Language and Speech

LAUSD: Los Angeles Unified School District

LEA: Local Education Agency

LRE: Least Restrictive Environment

LEP: Limited English Proficient

MA: Mental Age

MCD: Modified Consent Decree

Medi-Cal: California’s Medicaid Program

MOU: Memorandum of Understanding

MR: Mental Retardation

NPA: Nonpublic Agency

NPS: Nonpublic School

OCR: Office of Civil Rights

OHI: Other Health Impaired

OI: Orthopedic Impairment

OLT: Out of Level Testing

OT: Occupational Therapy

OSEP: Office of Special Education Programs

PCC: Preschool Collaborative Classroom

PE: Physical Education

PKIT: Preschool/Kindergarten Itinerant Teacher

PSI: Preschool Intensive Class

PSM: Preschool Mixed Special Day Program

PT: Physical Therapy

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RFEP: Redesignated Fluent English Proficient

RSP: Resource Specialist Program

SABE: Spanish Assessment of Basic Education

SARB: School Attendance and Review Board

SEA: State Education Agency

SELPA: Special Education Local Plan Area

SECEO: Special Education Certificated Employment Office

SESAC: Special Education Student Activity Coordination (data system)

SDP: Special Day Program

SIS: Student Information System (data system)

SLD: Specific Learning Disability

SSIS: Secondary Student Information System (data system)

SST: Student Success Team

STAR: Standardized Testing and Reporting

TBI: Traumatic Brain Injury

USC: United States Code

VI: Visually Impaired

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APPENDIX D:

QUESTIONS AND

ANSWERS

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UESTIONS AND ANSWERS

PURPOSE

The following section was excerpted from the Federal Register, IDEA Amendments of 1997, Final

Regulations, Appendix A to Part 300, formatted for the IDEA Practices web site, and edited for the

Special Education Policies and Procedures Manual.

CONTENTS

QUESTIONS AND ANSWERS......................................................................................................................................................331

I. Involvement and Progress of Each Child With a Disability in the General Curriculum ...............................................................332

Present Levels of Educational Performance .....................................................................................................................332

Measurable Annual Goals, Including Benchmarks or Short-term Objectives.........................................................................333

Special Education and Related Services and Supplementary Aids and Services..................................................................334

Extent to Which Child Will Participate With Nondisabled Children.......................................................................................334

Participation in State or District-wide Assessments of Student Achievement........................................................................335

Regular Education Teacher Participation in the Development, Review, and Revision of IEPs ................................................335

II. Involvement of Parents and Students........................................................................................................................................337

III. Preparing Students With Disabilities for Employment and Other Post-School Experiences.....................................................342

IV. Other Questions Regarding the Development and Content of IEPs.........................................................................................346

Introduction

I. Involvement and Progress of Each Child with a Disability in the General Curriculum

II. Involvement of Parents and Students

III. Preparing Students With Disabilities for Employment and Other Post-School Experiences

IV. Other Questions Regarding the Development and Content of IEPs

QUESTIONS AND ANSWERS

• Individualized Education Programs (IEPs) and Other Selected Implementation Issues

• Interpretation of IEP and Other selected Requirements under Part B of the Individuals with

Disabilities Education Act (IDEA; Part B)

Introduction

The IEP requirements under Part B of the IDEA emphasize the importance of three core concepts:

1. the involvement and progress of each child with a disability in the general curriculum including

addressing the unique needs that arise out of the child's disability;

2. the involvement of parents and students, together with regular and special education personnel, in

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making individual decisions to support each student's (child's) educational success, and

3. the preparation of students with disabilities for employment and other post-school activities.

The first three sections of this Appendix (I-III) provide guidance regarding the IEP requirements as they

relate to the three core concepts described above. Section IV addresses other questions regarding the

development and content of IEPs, including questions about the timelines and responsibility for

developing and implementing IEPs, participation in IEP meetings, and IEP content. Section IV also

addresses questions on other selected requirements under IDEA.

I. Involvement and Progress of Each Child With a Disability in the General

Curriculum

In enacting the IDEA Amendments of 1997, the Congress found that research, demonstration, and

practice over the past 20 years in special education and related disciplines have demonstrated that an

effective educational system now and in the future must maintain high academic standards and clear

performance goals for children with disabilities, consistent with the standards and expectations for all

students in the educational system, and provide for appropriate and effective strategies and methods to

ensure that students who are children with disabilities have maximum opportunities to achieve those

standards and goals. [Section 651(a)(6)(A) of the Act.]

Accordingly, the evaluation and IEP provisions of Part B place great emphasis on the involvement and

progress of children with disabilities in the general curriculum. (The term "general curriculum," as used

in these regulations, including this Appendix, refers to the curriculum that is used with nondisabled

children.)

While the Act and regulations recognize that IEP teams must make individualized decisions about the

special education and related services, and supplementary aids and services, provided to each child

with a disability, they are driven by IDEA's strong preference that, to the maximum extent appropriate,

children with disabilities be educated in regular classes with their nondisabled peers with appropriate

supplementary aids and services.

In many cases, children with disabilities will need appropriate supports in order to successfully progress

in the general curriculum, participate in State and district-wide assessment programs, achieve the

measurable goals in their IEPs, and be educated together with their nondisabled peers. Accordingly,

the Act requires the IEP team to determine, and the public agency to provide, the accommodations,

modifications, supports, and supplementary aids and services, needed by each child with a disability to

successfully be involved in and progress in the general curriculum achieve the goals of the IEP, and

successfully demonstrate his or her competencies in State and district-wide assessments.

1.WHAT ARE THE MAJOR PART B IEP REQUIREMENTS THAT GOVERN THE INVOLVEMENT

AND PROGRESS OF CHILDREN WITH DISABILITIES IN THE GENERAL CURRICULUM?

Present Levels of Educational Performance

Section 300.347(a)(1) requires that the IEP for each child with a disability include " ... a statement of the

child's present levels of educational performance, including

(i) how the child's disability affects the child's involvement and progress in the general curriculum; or

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(ii) for preschool children, as appropriate, how the child's disability affects the child's participation in

appropriate activities ..." (Italics added.) ("Appropriate activities" in this context refers to age-relevant

developmental abilities or milestones that typically developing children of the same age would be

performing or would have achieved.)

The IEP team's determination of how each child's disability affects the child's involvement and progress

in the general curriculum is a primary consideration in the development of the child's IEP. In assessing

children with disabilities, school districts may use a variety of assessment techniques to determine the

extent to which these children can be involved and progress in the general curriculum, such as

criterion-referenced tests, standard achievement tests, diagnostic tests, other tests, or any combination

of the above.

The purpose of using these assessments is to determine the child's present levels of educational

performance and areas of need arising from the child's disability so that approaches for ensuring the

child's involvement and progress in the general curriculum and any needed adaptations or

modifications to that curriculum can be identified.

Measurable Annual Goals, Including Benchmarks or Short-term Objectives

Measurable annual goals, including benchmarks or short-term objectives, are critical to the strategic

planning process used to develop and implement the IEP for each child with a disability. Once the IEP

team has developed measurable annual goals for a child, the team

(1) can develop strategies that will be most effective in realizing those goals and

(2) must develop either measurable, intermediate steps (short-term objectives) or major milestones

(benchmarks) that will enable parents, students, and educators to monitor progress during the year,

and, if appropriate, to revise the IEP consistent with the student's instructional needs.

The strong emphasis in Part B on linking the educational program of children with disabilities to the

general curriculum is reflected in §300.347(a)(2), which requires that the IEP include:

a statement of measurable annual goals, including benchmarks or short-term objectives, related to

(i) meeting the child's needs that result from the child's disability to enable the child to be involved in

and progress in the general curriculum ; and

(ii) meeting each of the child's other educational needs that result from the child's disability.[italics

added]

As noted above, each annual goal must include either short-term objectives or benchmarks. The

purpose of both is to enable a child's teacher(s), parents, and others involved in developing and

implementing the child's IEP, to gauge, at intermediate times during the year, how well the child is

progressing toward achievement of the annual goal. IEP teams may continue to develop short-term

instructional objectives, that generally break the skills described in the annual goal down into discrete

components. The revised statute and regulations also provide that, as an alternative, IEP teams may

develop benchmarks, which can be thought of as describing the amount of progress the child is

expected to make within specified segments of the year. Generally, benchmarks establish expected

performance levels that allow for regular checks of progress that coincide with the reporting periods for

informing parents of their child's progress toward achieving the annual goals. An IEP team may use

either short term objectives or benchmarks or a combination of the two depending on the nature of the

annual goals and the needs of the child.

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Special Education and Related Services and Supplementary Aids and Services

The requirements regarding services provided to address a child's present levels of educational

performance and to make progress toward the identified goals reinforce the emphasis on progress in

the general curriculum, as well as maximizing the extent to which children with disabilities are educated

with nondisabled children. Section 300.347(a)(3) requires that the IEP include:

a statement of the special education and related services and supplementary aids and services to be

provided to the child, or on behalf of the child, and a statement of the program modifications or supports

for school personnel that will be provided for the child-(i) to advance appropriately toward attaining the

annual goals; (ii)to be involved and progress in the general curriculum ... and to participate in

extracurricular and other nonacademic activities; and (iii) to be educated and participate with other

children with disabilities and nondisabled children in [extracurricular and other nonacademic activities]

... [Italics added.]

Extent to Which Child Will Participate With Nondisabled Children

Section 300.347(a)(4) requires that each child's IEP include "An explanation of the extent, if any, to

which the child will not participate with nondisabled children in the regular class and in [extracurricular

and other nonacademic] activities ......" This is consistent with the least restrictive environment ( LRE)

provisions at §§300.550-300.553, which include requirements that:

(1) each child with a disability be educated with nondisabled children to the maximum extent

appropriate (§300.550(b)(1));

(2) each child with a disability be removed from the regular educational environment only when the

nature or severity of the child's disability is such that education in regular classes with the use of

supplementary aids and services cannot be achieved satisfactorily (§300.550(b)(1)); and

(3) to the maximum extent appropriate to the child's needs, each child with a disability participates with

nondisabled children in nonacademic and extracurricular services and activities (§300.553).

All services and educational placements under Part B must be individually determined in light of each

child's unique abilities and needs, to reasonably promote the child's educational success. Placing

children with disabilities in this manner should enable each disabled child to meet high expectations in

the future.

Although Part B requires that a child with a disability not be removed from the regular educational

environment if the child's education can be achieved satisfactorily in regular classes with the use of

supplementary aids and services, Part B's LRE principle is intended to ensure that a child with a

disability is served in a setting where the child can be educated successfully. Even though IDEA does

not mandate regular class placement for every disabled student, IDEA presumes that the first

placement option considered for each disabled student by the student's placement team, which must

include the parent, is the school the child would attend if not disabled, with appropriate supplementary

aids and services to facilitate such placement.

Thus, before a disabled child can be placed outside of the regular educational environment, the full

range of supplementary aids and services that if provided would facilitate the student's placement in the

regular classroom setting must be considered. Following that consideration, if a determination is made

that particular disabled student cannot be educated satisfactorily in the regular educational

environment, even with the provision of appropriate supplementary aids and services, that student then

could be placed in a setting other than the regular classroom. Later, if it becomes apparent that the

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child's IEP can be carried out in a less restrictive setting, with the provision of appropriate

supplementary aids and services, if needed, Part B would require that the child's placement be

changed from the more restrictive setting to a less restrictive setting. In all cases, placement decisions

must be individually determined on the basis of each child's abilities and needs, and not solely on

factors such as category of disability, significance of disability, availability of special education and

related services, configuration of the service delivery system, availability of space, or administrative

convenience. Rather, each student's IEP forms the basis for the placement decision.

Further, a student need not fail in the regular classroom before another placement can be considered.

Conversely, IDEA does not require that a student demonstrate achievement of a specific performance

level as a prerequisite for placement into a regular classroom.

Participation in State or District-wide Assessments of Student Achievement

Consistent with §300.138(a), which sets forth a presumption that children with disabilities will be

included in general State and district-wide assessment programs, and provided with appropriate

accommodations if necessary, §300.347(a)(5) requires that the IEP for each student with a disability

include:

"(i) a statement of any individual modifications in the administration of State or district-wide

assessments of student achievement that are needed in order for the child to participate in the

assessment; and

(iii) if the IEP team determines that the child will not participate in a particular State or district-wide

assessment of student achievement (or part of an assessment of student achievement), a statement of

(A) Why that assessment is not appropriate for the child; and

(B) How the child will be assessed."

Regular Education Teacher Participation in the Development, Review, and Revision of IEPs

Very often, regular education teachers play a central role in the education of children with disabilities

(H. Rep. No. 105-95, p. 103 (1997); S. Rep. No. 105-17, p. 23 (1997)) and have important expertise

regarding the general curriculum and the general education environment. Further, with the emphasis on

involvement and progress in the general curriculum added by the IDEA Amendments of 1997, regular

education teachers have an increasingly critical role (together with special education and related

services personnel) in implementing the program of FAPE for most children with disabilities, as

described in their IEPs.

Accordingly, the IDEA Amendments of 1997 added a requirement that each child's IEP team must

include at least one regular education teacher of the child, if the child is, or may be, participating in the

regular education environment (see §300.344(a)(2)). (See also §§300.346(d) on the role of a regular

education teacher in the development, review and revision of IEPs.)

2. MUST A CHILD'S IEP ADDRESS HIS OR HER INVOLVEMENT IN THE GENERAL

CURRICULUM, REGARDLESS OF THE NATURE AND SEVERITY OF THE CHILD'S DISABILITY

AND THE SETTING IN WHICH THE CHILD IS EDUCATED?

Yes. The IEP for each child with a disability (including children who are educated in separate

classrooms or schools) must address how the child will be involved and progress in the general

curriculum. However, the Part B regulations recognize that some children have other educational needs

resulting from their disability that also must be met, even though those needs are not directly linked to

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participation in the general curriculum.

Accordingly, §300.347(a)(1)(2) requires that each child's IEP include:

A statement of measurable annual goals, including benchmarks or short-term objectives related to

(i) meeting the child's needs that result from the child's disability to enable the child to be involved in

and progress in the general curriculum; and

(ii) meeting each of the child's other educational needs that result from the child's disability. [Italics

added.]

Thus, the IEP team for each child with a disability must make an individualized determination regarding:

(1) how the child will be involved and progress in the general curriculum and what needs that result

from the child's disability must be met to facilitate that participation;

(2) whether the child has any other educational needs resulting from his or her disability that also must

be met; and

(3) what special education and other services and supports must be described in the child's IEP to

address both sets of needs (consistent with §300.347(a)).

For example, if the IEP team determines that in order for a child who is deaf to participate in the general

curriculum he or she needs sign language and materials which reflect his or her language development,

those needs (relating to the child's participation in the general curriculum) must be addressed in the

child's IEP. In addition, if the team determines that the child also needs to expand his or her vocabulary

in sign language that service must also be addressed in the applicable components of the child's IEP.

The IEP team may also wish to consider whether there is a need for members of the child's family to

receive training in sign language in order for the child to receive FAPE.

3. WHAT MUST PUBLIC AGENCIES DO TO MEET THE REQUIREMENTS AT

167;167;300.344(A)(2) AND 300.346(D) REGARDING THE PARTICIPATION OF A "REGULAR

EDUCATION TEACHER" IN THE DEVELOPMENT, REVIEW, AND REVISION OF IEPS, FOR

CHILDREN AGED 3 THROUGH 5 WHO ARE RECEIVING PRESCHOOL SPECIAL EDUCATION

SERVICES?

If a public agency provides "regular education" preschool services to non-disabled children, then the

requirements of §§300.344(a)(2) and 300.346(d) apply as they do in the case of older children with

disabilities. If a public agency makes kindergarten available to nondisabled children, then a regular

education kindergarten teacher could appropriately be the regular education teacher who would be a

member of the IEP team, and, as appropriate, participate in IEP meetings, for a kindergarten-aged child

who is, or may be, participating in the regular education environment.

If a public agency does not provide regular preschool education services to nondisabled children, the

agency could designate an individual who, under State standards, is qualified to serve nondisabled

children of the same age.

4. MUST THE MEASURABLE ANNUAL GOALS IN A CHILD'S IEP ADDRESS ALL AREAS OF THE

GENERAL CURRICULUM, OR ONLY THOSE AREAS IN WHICH THE CHILD'S INVOLVEMENT

AND PROGRESS ARE AFFECTED BY THE CHILD'S DISABILITY?

Section 300.347(a)(2) requires that each child's IEP include "A statement of measurable annual goals,

including benchmarks or short-term objectives, related to

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(i) meeting the child's needs that result from the child's disability to enable the child to be involved in

and progress in the general curriculum ...; and

(ii) meeting each of the child's other educational needs that result from the child's disability...." (Italics

added).

Thus, a public agency is not required to include in an IEP annual goals that relate to areas of the

general curriculum in which the child's disability does not affect the child's ability to be involved in and

progress in the general curriculum. If a child with a disability needs only modifications or

accommodations in order to progress in an area of the general curriculum, the IEP does not need to

include a goal for that area; however, the IEP would need to specify those modifications or

accommodations.

Public agencies often require all children, including children with disabilities, to demonstrate mastery in

a given area of the general curriculum before allowing them to progress to the next level or grade in

that area. Thus, in order to ensure that each child with a disability can effectively demonstrate

competencies in an applicable area of the general curriculum, it is important for the IEP team to

consider the accommodations and modifications that the child needs to assist him or her in

demonstrating progress in that area.

II. Involvement of Parents and Students

The Congressional Committee Reports on the IDEA Amendments of 1997 express the view that the

Amendments provide an opportunity for strengthening the role of parents, and emphasize that one of

the purposes of the Amendments is to expand opportunities for parents and key public agency staff

(e.g., special education, related services, regular education, and early intervention service providers,

and other personnel) to work in new partnerships at both the State and local levels (H. Rep. 105-95, p.

82 (1997); S. Rep. No. 105-17, p. 4 and 5 (1997)). Accordingly, the IDEA Amendments of 1997 require

that parents have an opportunity to participate in meetings with respect to the identification, evaluation,

and educational placement of the child, and the provision of FAPE to the child. (§300.501(a)(2)). Thus,

parents must now be part of:

(1) the group that determines what additional data are needed as part of an evaluation of their child

(§300.533(a)(1));

(2) the team that determines their child's eligibility (§300.534(a)(1)); and

(3) the group that makes decisions on the educational placement of their child (§300.501(c)).

In addition, the concerns of parents and the information that they provide regarding their children must

be considered in developing and reviewing their children's IEPs (§§300.343(c)(iii) and 300.346(a)(1)(i)

and (b)); and the requirements for keeping parents informed about the educational progress of their

children, particularly as it relates to their progress in the general curriculum, have been strengthened

(§300.347(a)(7)).

The IDEA Amendments of 1997 also contain provisions that greatly strengthen the involvement of

students with disabilities in decisions regarding their own futures, to facilitate movement from school to

post-school activities. For example, those amendments

(1) retained, essentially verbatim, the "transition services" from the IDEA Amendments of 1990 (which

provide that a statement of needed transition services must be in the IEP of each student with a

disability, beginning no later than age 16); and

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(2) significantly expanded those provisions by adding a new annual requirement for the IEP to include

"transition planning" activities for students beginning at age 14. (See section IV of this appendix for a

description of the transition services requirements and definition.)

With respect to student involvement in decisions regarding transition services, §300.344(b) provides

that

(1) "the public agency shall invite a student with a disability of any age to attend his or her IEP meeting

if a purpose of the meeting will be the consideration of

(a) the student's transition services needs under §300.347(b)(1); or

(b) the needed transition services for the student under §300.347(b)(2); or

(2) "If the student does not attend the IEP meeting, the public agency shall take other steps to ensure

that the student's preferences and interests are considered." (§300.344(b)(2)).

The IDEA Amendments of 1997 also give States the authority to elect to transfer the rights accorded to

parents under Part B to each student with a disability upon reaching the age of majority under State law

(if the student has not been determined incompetent under State law) (§300.517). (Part B requires that

if the rights transfer to the student, the public agency must provide any notice required under Part B to

both the student and the parents.) If the State elects to provide for the transfer of rights from the

parents to the student at the age of majority, the IEP must, beginning at least one year before a student

reaches the age of majority under State law, include a statement that the student has been informed of

any rights that will transfer to him or her upon reaching the age of majority. (§300.347(c)).

The IDEA Amendments of 1997 also permit, but do not require, States to establish a procedure for

appointing the parent, or another appropriate individual if the parent is not available, to represent the

educational interests of a student with a disability who has reached the age of majority under State law

and has not been determined to be incompetent, but who is determined not to have the ability to

provide informed consent with respect to his or her educational program.

5. WHAT IS THE ROLE OF THE PARENTS, INCLUDING SURROGATE PARENTS, IN DECISIONS

REGARDING THE EDUCATIONAL PROGRAM OF THEIR CHILDREN?

The parents of a child with a disability are expected to be equal participants along with school

personnel, in developing, reviewing, and revising the IEP for their child. This is an active role in which

the parents

(1) provide critical information regarding the strengths of their child and express their concerns for

enhancing the education of their child;

(2) participate in discussions about the child's need for special education and related services and

supplementary aids and services; and

(3) join with the other participants in deciding how the child will be involved and progress in the general

curriculum and participate in State and district-wide assessments, and what services the agency will

provide to the child and in what setting.

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As previously noted in the introduction to section II of this Appendix, Part B specifically provides that

parents of children with disabilities-

 Have an opportunity to participate in meetings with respect to the identification, evaluation, and

educational placement of their child, and the provision of FAPE to the child (including IEP meetings)

(§§300.501(b), 300.344(a)(1), and 300.517;

 Be part of the groups that determine what additional data are needed as part of an evaluation of

their child (§300.533(a)(1)), and determine their child's eligibility (§300.534(a)(1))) and educational

placement (§300.501(c));

 Have their concerns and the information that they provide regarding their child considered in

developing and reviewing their child's IEPs (§§300.343(c)(iii) and 300.346(a)(1)(i) and (b)); and

 Be regularly informed (by such means as periodic report cards), as specified in their child's IEP, at

least as often as parents are informed of their nondisabled children's progress, of their child's progress

toward the annual goals in the IEP and the extent to which that progress is sufficient to enable the child

to achieve the goals by the end of the year (§300.347(a)(7)).

A surrogate parent is a person appointed to represent the interests of a child with a disability in the

educational decision-making process when no parent (as defined at §300.20) is known, the agency,

after reasonable efforts, cannot locate the child's parents, or the child is a ward of the State under the

laws of the State. A surrogate parent has all of the rights and responsibilities of a parent under Part B

(§300.515.)

6. WHAT ARE THE PART B REQUIREMENTS REGARDING THE PARTICIPATION OF A STUDENT

(CHILD) WITH A DISABILITY IN AN IEP MEETING?

If a purpose of an IEP meeting for a student with a disability will be the consideration of the student's

transition services needs or needed transition services under §300.347(b)(1) or (2), or both, the public

agency must invite the student and, as part of the notification to the parents of the IEP meeting, inform

the parents that the agency will invite the student to the IEP meeting.

If the student does not attend, the public agency must take other steps to ensure that the student's

preferences and interests are considered. (See §300.344(b)).

Section §300.517 permits, but does not require, States to transfer procedural rights under Part B from

the parents to students with disabilities who reach the age of majority under State law, if they have not

been determined to be incompetent under State law. If those rights are to be transferred from the

parents to the student, the public agency would be required to ensure that the student has the right to

participate in IEP meetings set forth for parents in §300.345. However, at the discretion of the student

or the public agency, the parents also could attend IEP meetings as "... individuals who have

knowledge or special expertise regarding the child ..." (see §300.344(a)(6)).

In other circumstances, a child with a disability may attend "if appropriate. " (§300.344(a)(7)) Generally,

a child with a disability should attend the IEP meeting if the parent decides that it is appropriate for the

child to do so. If possible, the agency and parents should discuss the appropriateness of the child's

participation before a decision is made, in order to help the parents determine whether or not the child's

attendance would be

(1) helpful in developing the IEP or

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(2) directly beneficial to the child or both. The agency should inform the parents before each IEP

meeting-as part of notification under §300.345(a)(1) -that they may invite their child to participate.

7. MUST THE PUBLIC AGENCY INFORM THE PARENTS OF WHO WILL BE AT THE IEP

MEETING?

Yes. In notifying parents about the meeting, the agency "must indicate the purpose, time, and location

of the meeting, and who will be in attendance ." (§300.345(b), italics added.) In addition, if a purpose of

the IEP meeting will be the consideration of a student's transition services needs or needed transition

services under §300.347(b)(1) or (2) or both, the notice must also inform the parents that the agency is

inviting the student, and identify any other agency that will be invited to send a representative.

The public agency also must inform the parents of the right of the parents and the agency to invite other

individuals who have knowledge or special expertise regarding the child, including related services

personnel as appropriate to be members of the IEP team. (§300.345(b)(1)(ii)).

It also may be appropriate for the agency to ask the parents to inform the agency of any individuals the

parents will be bringing to the meeting. Parents are encouraged to let the agency know whom they

intend to bring. Such cooperation can facilitate arrangements for the meeting, and help ensure a

productive, child-centered meeting.

8. DO PARENTS HAVE THE RIGHT TO A COPY OF THEIR CHILD'S IEP?

Yes. Section 300.345(f) states that the public agency shall give the parent a copy of the IEP at no cost

to the parent.

9. WHAT IS A PUBLIC AGENCY'S RESPONSIBILITY IF IT IS NOT POSSIBLE TO REACH

CONSENSUS ON WHAT SERVICES SHOULD BE INCLUDED IN A CHILD'S IEP?

The IEP meeting serves as a communication vehicle between parents and school personnel, and

enables them, as equal participants, to make joint, informed decisions regarding the

(1) child's needs and appropriate goals;

(2) extent to which the child will be involved in the general curriculum and participate in the regular

education environment and State and district-wide assessments; and

(3) services needed to support that involvement and participation and to achieve agreed-upon goals.

Parents are considered equal partners with school personnel in making these decisions, and the IEP

team must consider the parents' concerns and the information that they provide regarding their child in

developing, reviewing, and revising IEPs (§§300.343(c)(iii) and 300.346(a)(1) and (b)).

The IEP team should work toward consensus, but the public agency has ultimate responsibility to

ensure that the IEP includes the services that the child needs in order to receive FAPE. It is not

appropriate to make IEP decisions based upon a majority "vote." If the team cannot reach consensus,

the public agency must provide the parents with prior written notice of the agency's proposals or

refusals, or both, regarding the child's educational program, and the parents have the right to seek

resolution of any disagreements by initiating an impartial due process hearing.

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Every effort should be made to resolve differences between parents and school staff through voluntary

mediation or some other informal step, without resorting to a due process hearing. However, mediation

or other informal procedures may not be used to deny or delay a parent's right to a due process

hearing, or to deny any other rights afforded under Part B.

10. DOES PART B REQUIRE THAT PUBLIC AGENCIES INFORM PARENTS REGARDING THE

EDUCATIONAL PROGRESS OF THEIR CHILDREN WITH DISABILITIES?

Yes. The Part B statute and regulations include a number of provisions to help ensure that parents are

involved in decisions regarding, and are informed about, their child's educational progress, including

the child's progress in the general curriculum. First, the parents will be informed regarding their child's

present levels of educational performance through the development of the IEP. Section 300.347(a)(1)

requires that each IEP include:

…A statement of the child's present levels of educational performance, including

(i) how the child's disability affects the child's involvement and progress in the general curriculum; or

(ii) for preschool children, as appropriate, how the disability affects the child's participation in

appropriate activities…

Further, §300.347(a)(7) sets forth new requirements for regularly informing parents about their child's

educational progress, as regularly as parents of nondisabled children are informed of their child's

progress. That section requires that the IEP include a statement of

(i) How the child's progress toward the annual goals … will be measured; and

(ii) how the child's parents will be regularly informed (by such means as periodic report cards), at least

as often as parents are informed of their nondisabled children's progress, of

(A) their child's progress toward the annual goals; and

(B) the extent to which that progress is sufficient to enable the child to achieve the goals by the end of

the year.

One method that public agencies could use in meeting this requirement would be to provide periodic

report cards to the parents of students with disabilities that include both

(1) the grading information provided for all children in the agency at the same intervals; and

(2) the specific information required by §300.347(a)(7)(ii)(A) and (B).

Finally, the parents, as part of the IEP team, will participate at least once every 12 months in a review

of their child's educational progress. Section 300.343(c) requires that a public agency initiate and

conduct a meeting, at which the IEP team:

(1) reviews the child's IEP periodically, but not less than annually to determine whether the annual

goals for the child are being achieved; and

(2)revises the IEP as appropriate to address

(i)any lack of expected progress toward the annual goals … and in the general curriculum, if

appropriate;

(ii)the results of any reevaluation …;

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(iii)information about the child provided to, or by, the parents …;

(iv)the child's anticipated needs; or

(v)other matters.

III. Preparing Students With Disabilities for Employment and Other Post-

School Experiences

One of the primary purposes of the IDEA is to "… ensure that all children with disabilities have available

to them a free appropriate public education that emphasizes special education and related services

designed to meet their unique needs and prepare them for employment and independent living..."

(§300.1(a)). Section 701 of the Rehabilitation Act of 1973 describes the philosophy of independent

living as including a philosophy of consumer control, peer support, self-help, self-determination, equal

access, and individual and system advocacy, in order to maximize the leadership, empowerment,

independence, and productivity of individuals with disabilities, and the integration and full inclusion of

individuals with disabilities into the mainstream of American society. Because many students receiving

services under IDEA will also receive services under the Rehabilitation Act, it is important, in planning

for their future, to consider the impact of both statutes.

Similarly, one of the key purposes of the IDEA Amendments of 1997 was to "promote improved

educational results for children with disabilities through early intervention, preschool, and educational

experiences that prepare them for later educational challenges and employment." (H. Rep. No. 105-95,

p. 82 (1997); S. Rep. No. 105-17, p. 4 (1997)).

Thus, throughout their preschool, elementary, and secondary education, the IEPs for children with

disabilities must, to the extent appropriate for each individual child, focus on providing instruction and

experiences that enable the child to prepare himself or herself for later educational experiences and for

post-school activities, including formal education, if appropriate, employment, and independent living.

Many students with disabilities will obtain services through State vocational rehabilitation programs to

ensure that their educational goals are effectively implemented in post-school activities. Services

available through rehabilitation programs are consistent with the underlying purpose of IDEA.

Although preparation for adult life is a key component of FAPE throughout the educational experiences

of students with disabilities, Part B sets forth specific requirements related to transition planning and

transition services that must be implemented no later than ages 14 and 16, respectively, and which

require an intensified focus on that preparation as these students begin and prepare to complete their

secondary education.

11. WHAT MUST THE IEP TEAM DO TO MEET THE REQUIREMENTS THAT THE IEP INCLUDE "A

STATEMENT OF ... TRANSITION SERVICE NEEDS" BEGINNING AT AGE 14

§300.347(B)(1)(I)),"AND A STATEMENT OF NEEDED TRANSITION SERVICES" NO LATER THAN

AGE 16 (§300.347(B)(2)?

Section 300.347(b)(1) requires that, beginning no later than age 14, each student's IEP include specific

transition-related content, and, beginning no later than age 16, a statement of needed transition

services:

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Beginning at age 14 and younger if appropriate, and updated annually, each student's IEP must

include:

"...a statement of the transition service needs of the student under the applicable components of the

student's IEP that focuses on the student's courses of study (such as participation in advanced-

placement courses or a vocational education program)" (§300.347(b)(1)(i)).

Beginning at age 16 (or younger, if determined appropriate by the IEP team), each student's IEP must

include:

"... a statement of needed transition services for the student, including, if appropriate, a statement of

the interagency responsibilities or any needed linkages." (§300.347(b)(2)).

The Committee Reports on the IDEA Amendments of 1997 make clear that the requirement added to

the statute in 1997 that beginning at age 14, and updated annually, the IEP include "a statement of the

transition service needs" is "... designed to augment, and not replace," the separate, preexisting

requirement that the IEP include, "... beginning at age 16 (or younger, if determined appropriate by the

IEP team), a statement of needed transition services ..." (H. Rep. No. 105-95, p. 102 (1997); S. Rep.

No. 105-17, p. 22 (1997)). As clarified by the Reports, "The purpose of [the requirement in

§300.347(b)(1)(i)] is to focus attention on how the child's educational program can be planned to help

the child make a successful transition to his or her goals for life after secondary school." (H. Rep. No.

105-95, pp. 101-102 (1997); S. Rep. No. 105-17, p. 22 (1997)). The Reports further explain that "[F]or

example, for a child whose transition goal is a job, a transition service could be teaching the child how

to get to the job site on public transportation." (H. Rep. No. 105-95, p. 102 (1997); S. Rep. No. 105-17,

p. 22 (1997)). Thus, beginning at age 14, the IEP team, in determining appropriate measurable annual

goals (including benchmarks or short-term objectives) and services for a student, must determine what

instruction and educational experiences will assist the student to prepare for transition from secondary

education to post-secondary life.

The statement of transition service needs should relate directly to the student's goals beyond

secondary education, and show how planned studies are linked to these goals. For example, a student

interested in exploring a career in computer science may have a statement of transition services needs

connected to technology course work, while another student's statement of transition services needs

could describe why public bus transportation training is important for future independence in the

community.

Although the focus of the transition planning process may shift as the student approaches graduation,

the IEP team must discuss specific areas beginning at least at the age of 14 years and review these

areas annually. As noted in the Committee Reports, a disproportionate number of students with

disabilities drop out of school before they complete their secondary education: "Too many students with

disabilities are failing courses and dropping out of school. Almost twice as many students with

disabilities drop out as compared to students without disabilities." (H. Rep. No. 105-95, p. 85 (1997), S.

Rep. No. 105-17, p. 5 (1997).)

To help reduce the number of students with disabilities that drop out, it is important that the IEP team

work with each student with a disability and the student's family to select courses of study that will be

meaningful to the student's future and motivate the student to complete his or her education. This

requirement is distinct from the requirement, at §300.347(b)(2), that the IEP include:

... beginning at age 16 (or younger, if determined appropriate by the IEP team), a statement of needed

transition services for the child, including, if appropriate, a statement of the interagency responsibilities

or any needed linkages.

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The term "transition services" is defined at §300.29 to mean:

... a coordinated set of activities for a student with a disability that

(1) is designed within an outcome-oriented process, that promotes movement from school to post-

school activities, including post-secondary education, vocational training, integrated employment

(including supported employment), continuing and adult education, adult services, independent living,

or community participation;

(2) is based on the individual student's needs, taking into account the student's preferences and

interests; and

(3) includes

(i) Instruction;

(ii) Related services;

(iii) Community experiences;

(iv) The development of employment and other post-school adult living objectives; and

(v) If appropriate, acquisition of daily living skills and functional vocational evaluation.

Thus, while §300.347(b)(1) requires that the IEP team begin by age 14 to address the student's need

for instruction that will assist the student to prepare for transition, the IEP must include by age 16 a

statement of needed transition services under §300.347(b)(2) that includes a "coordinated set of

activities ..., designed within an outcome-oriented process, that promotes movement from school to

post-school activities ...." (§300.29)

Section 300.344(b)(3) further requires that, in implementing §300.347(b)(1), public agencies (in addition

to required participants for all IEP meetings), must also invite a representative of any other agency that

is likely to be responsible for providing or paying for transition services.

Thus, §300.347(b)(2) requires a broader focus on coordination of services across, and linkages

between, agencies beyond the SEA and LEA.

12. MUST THE IEP FOR EACH STUDENT WITH A DISABILITY, BEGINNING NO LATER THAN

AGE 16, INCLUDE ALL "NEEDED TRANSITION SERVICES," AS IDENTIFIED BY THE IEP TEAM

AND CONSISTENT WITH THE DEFINITION AT §300.29, EVEN IF AN AGENCY OTHER THAN THE

PUBLIC AGENCY WILL PROVIDE THOSE SERVICES? WHAT IS THE PUBLIC AGENCY'S

RESPONSIBILITY IF ANOTHER AGENCY FAILS TO PROVIDE AGREED-UPON TRANSITION

SERVICES?

Section 300.347(b)(2) requires that the IEP for each child with a disability, beginning no later than age

16, or younger if determined appropriate by the IEP team, include all "needed transition services," as

identified by the IEP team and consistent with the definition at §300.29, regardless of whether the

public agency or some other agency will provide those services. Section 300.347(b)(2) specifically

requires that the statement of needed transition services include, "... if appropriate, a statement of the

interagency responsibilities or any needed linkages."

Further, the IDEA Amendments of 1997 also permit an LEA to use up to five percent of the Part B funds

it receives in any fiscal year in combination with other amounts, which must include amounts other than

education funds, to develop and implement a coordinated services system. These funds may be used

for activities such as:

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(1) linking IEPs under Part B and Individualized Family Service Plans (IFSPs) under Part C, with

Individualized Service Plans developed under multiple Federal and State programs, such as Title I of

the Rehabilitation Act; and

(2) developing and implementing interagency financing strategies for the provision of services, including

transition services under Part B.

The need to include, as part of a student's IEP, transition services to be provided by agencies other

than the public agency is contemplated by §300.348(a), which specifies what the public agency must

do if another agency participating in the development of the statement of needed transition services

fails to provide a needed transition service that it had agreed to provide.

If an agreed-upon service by another agency is not provided, the public agency responsible for the

student's education must implement alternative strategies to meet the student's needs. This requires

that the public agency provide the services, or convene an IEP meeting as soon as possible to identify

alternative strategies to meet the transition services objectives, and to revise the IEP accordingly.

Alternative strategies might include the identification of another funding source, referral to another

agency, the public agency's identification of other district-wide or community resources that it can use

to meet the student's identified needs appropriately, or a combination of these strategies. As

emphasized by §300.348(b), however:

Nothing in [Part B] relieves any participating agency, including a State vocational rehabilitation agency,

of the responsibility to provide or pay for any transition service that the agency would otherwise provide

to students with disabilities who meet the eligibility criteria of that agency.

However, the fact that an agency other than the public agency does not fulfill its responsibility does not

relieve the public agency of its responsibility to ensure that FAPE is available to each student with a

disability. (Section 300.142(b)(2) specifically requires that if an agency other than the LEA fails to

provide or pay for a special education or related service [which could include a transition service], the

LEA must, without delay, provide or pay for the service, and may then claim reimbursement from the

agency that failed to provide or pay for the service.)

13. UNDER WHAT CIRCUMSTANCES MUST A PUBLIC AGENCY INVITE REPRESENTATIVES

FROM OTHER AGENCIES TO AN IEP MEETING AT WHICH A CHILD'S NEED FOR TRANSITION

SERVICES WILL BE CONSIDERED?

Section 300.344 requires that, "In implementing the requirements of [§300.347(b)(1)(ii) requiring a

statement of needed transition services], the public agency shall also invite a representative of any

other agency that is likely to be responsible for providing or paying for transition services." To meet this

requirement, the public agency must identify all agencies that are "likely to be responsible for providing

or paying for transition services" for each student addressed by §300.347(b)(1), and must invite each of

those agencies to the IEP meeting; and if an agency invited to send a representative to a meeting does

not do so, the public agency must take other steps to obtain the participation of that agency in the

planning of any transition services.

If, during the course of an IEP meeting, the team identifies additional agencies that are "likely to be

responsible for providing or paying for transition services" for the student, the public agency must

determine how it will meet the requirements of §300.344.

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IV. Other Questions Regarding the Development and Content of IEPs

14. FOR A CHILD WITH A DISABILITY RECEIVING SPECIAL EDUCATION FOR THE FIRST TIME,

WHEN MUST AN IEP BE DEVELOPED,-BEFORE OR AFTER THE CHILD BEGINS TO RECEIVE

SPECIAL EDUCATION AND RELATED SERVICES?

Section 300.342(b)(1) requires that an IEP be " in effect before special education and related services

are provided to an eligible child..." (Italics added.)

The appropriate placement for a particular child with a disability cannot be determined until after

decisions have been made about the child's needs and the services that the public agency will provide

to meet those needs. These decisions must be made at the IEP meeting, and it would not be

permissible first to place the child and then develop the IEP. Therefore, the IEP must be developed

before placement. (Further, the child's placement must be based, among other factors, on the child's

IEP.)

This requirement does not preclude temporarily placing an eligible child with a disability in a program as

part of the evaluation process-before the IEP is finalized-to assist a public agency in determining the

appropriate placement for the child. However, it is essential that the temporary placement not become

the final placement before the IEP is finalized. In order to ensure that this does not happen, the State

might consider requiring LEAs to take the following actions:

a. Develop an interim IEP for the child that sets out the specific conditions and timelines for the trial

placement. (See paragraph c, following.)

b. Ensure that the parents agree to the interim placement before it is carried out, and that they are

involved throughout the process of developing, reviewing, and revising the child's IEP.

c. Set a specific timeline (e.g., 30 days) for completing the evaluation, finalizing the IEP, and

determining the appropriate placement for the child.

d. Conduct an IEP meeting at the end of the trial period in order to finalize the child's IEP.

15. WHO IS RESPONSIBLE FOR ENSURING THE DEVELOPMENT OF IEPS FOR CHILDREN WITH

DISABILITIES SERVED BY A PUBLIC AGENCY OTHER THAN AN LEA?

The answer as to which public agency has direct responsibility for ensuring the development of IEPs for

children with disabilities served by a public agency other than an LEA will vary from State to State,

depending upon State law, policy, or practice. The SEA is ultimately responsible for ensuring that all

Part B requirements, including the IEP requirements, are met for eligible children within the State,

including those children served by a public agency other than an LEA. Thus, the SEA must ensure that

every eligible child with a disability in the State has FAPE available, regardless of which State or local

agency is responsible for educating the child. (The only exception to this responsibility is that the SEA

is not responsible for ensuring that FAPE is made available to children with disabilities who are

convicted as adults under State law and incarcerated in adult prisons, if the State has assigned that

responsibility to a public agency other than the SEA. (See §300.600(d)).

Although the SEA has flexibility in deciding the best means to meet this obligation (e.g., through

interagency agreements), the SEA must ensure that no eligible child with a disability is denied FAPE

due to jurisdictional disputes among agencies.

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When an LEA is responsible for the education of a child with a disability, the LEA remains responsible

for developing the child's IEP, regardless of the public or private school setting into which it places the

child.

16. FOR A CHILD PLACED OUT OF STATE BY AN EDUCATIONAL OR NON-EDUCATIONAL

STATE OR LOCAL AGENCY, IS THE PLACING OR RECEIVING STATE RESPONSIBLE FOR THE

CHILD'S IEP?

Regardless of the reason for the placement, the "placing" State is responsible for ensuring that the

child's IEP is developed and that it is implemented. The determination of the specific agency in the

placing State that is responsible for the child's IEP would be based on State law, policy, or practice.

However, the SEA in the placing State is ultimately responsible for ensuring that the child has FAPE

available.

17. IF A DISABLED CHILD HAS BEEN RECEIVING SPECIAL EDUCATION FROM ONE PUBLIC

AGENCY AND TRANSFERS TO ANOTHER PUBLIC AGENCY IN THE SAME STATE, MUST THE

NEW PUBLIC AGENCY DEVELOP AN IEP BEFORE THE CHILD CAN BE PLACED IN A SPECIAL

EDUCATION PROGRAM?

If a child with a disability moves from one public agency to another in the same State, the State and its

public agencies have an ongoing responsibility to ensure that FAPE is made available to that child. This

means that if a child moves to another public agency the new agency is responsible for ensuring that

the child has available special education and related services in conformity with an IEP.

The new public agency must ensure that the child has an IEP in effect before the agency can provide

special education and related services. The new public agency may meet this responsibility by either

adopting the IEP the former public agency developed for the child or by developing a new IEP for the

child. (The new public agency is strongly encouraged to continue implementing the IEP developed by

the former public agency, if appropriate, especially if the parents believe their child was progressing

appropriately under that IEP.)

Before the child's IEP is finalized, the new public agency may provide interim services agreed to by

both the parents and the new public agency. If the parents and the new public agency are unable to

agree on an interim IEP and placement, the new public agency must implement the old IEP to the

extent possible until a new IEP is developed and implemented.

In general, while the new public agency must conduct an IEP meeting, it would not be necessary if:

(1) a copy of the child's current IEP is available;

(2) the parents indicate that they are satisfied with the current IEP; and

(3) the new public agency determines that the current IEP is appropriate and can be implemented as

written.

If the child's current IEP is not available, or if either the new public agency or the parent believes that it

is not appropriate, the new public agency must develop a new IEP through appropriate procedures

within a short time after the child enrolls in the new public agency (normally, within one week).

18. WHAT TIMELINES APPLY TO THE DEVELOPMENT AND IMPLEMENTATION OF AN INITIAL

IEP FOR A CHILD WITH A DISABILITY?

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Section 300.343(b) requires each public agency to ensure that within a reasonable period of time

following the agency's receipt of parent consent to an initial evaluation of a child, the child is evaluated

and, if determined eligible, special education and related services are made available to the child in

accordance with an IEP. The section further requires the agency to conduct a meeting to develop an

IEP for the child within 30 days of determining that the child needs special education and related

services.

Section 300.342(b)(2) provides that an IEP must be implemented as soon as possible following the

meeting in which the IEP is developed.

19. MUST A PUBLIC AGENCY HOLD SEPARATE MEETINGS TO DETERMINE A CHILD'S

ELIGIBILITY FOR SPECIAL EDUCATION AND RELATED SERVICES, DEVELOP THE CHILD'S IEP,

AND DETERMINE THE CHILD'S PLACEMENT, OR MAY THE AGENCY MEET ALL OF THESE

REQUIREMENTS IN A SINGLE MEETING?

A public agency may, after a child is determined by "a group of qualified professionals and the parent"

(see §300.534(a)(1)) to be a child with a disability, continue in the same meeting to develop an IEP for

the child and then to determine the child's placement. However, the public agency must ensure that it

meets:

(1) the requirements of §300.535 regarding eligibility decisions;

(2) all of the Part B requirements regarding meetings to develop IEPs (including providing appropriate

notification to the parents, consistent with the requirements of §§300.345, 300.503, and 300.504, and

ensuring that all the required team members participate in the development of the IEP, consistent with

the requirements of §300.344;) and

(3) ensuring that the placement is made by the required individuals, including the parent, as required by

§§300.552 and 300.501(c).

20. HOW FREQUENTLY MUST A PUBLIC AGENCY CONDUCT MEETINGS TO REVIEW, AND, IF

APPROPRIATE, REVISE THE IEP FOR EACH CHILD WITH A DISABILITY?

A public agency must initiate and conduct meetings periodically, but at least once every twelve months,

to review each child's IEP, in order to determine whether the annual goals for the child are being

achieved, and to revise the IEP, as appropriate, to address:

(a) any lack of expected progress toward the annual goals and in the general curriculum, if appropriate;

(b) the results of any reevaluation;

(d) the child's anticipated needs; or

(e) other matters (§300.343(c)).

A public agency also must ensure that an IEP is in effect for each child at the beginning of each school

year (§300.342(a)). It may conduct IEP meetings at any time during the year. However, if the agency

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conducts the IEP meeting prior to the beginning of the next school year, it must ensure that the IEP

contains the necessary special education and related services and supplementary aids and services to

ensure that the student's IEP can be appropriately implemented during the next school year. Otherwise,

it would be necessary for the public agency to conduct another IEP meeting.

Although the public agency is responsible for determining when it is necessary to conduct an IEP

meeting, the parents of a child with a disability have the right to request an IEP meeting at any time. For

example, if the parents believe that the child is not progressing satisfactorily or that there is a problem

with the child's current IEP, it would be appropriate for the parents to request an IEP meeting.

If a child's teacher feels that the child's IEP or placement is not appropriate for the child, the teacher

should follow agency procedures with respect to:

(1) calling or meeting with the parents or

(2) requesting the agency to hold another IEP meeting to review the child's IEP.

The legislative history of Public Law 94-142 makes it clear that there should be as many meetings a

year as any one child may need (121 Cong. Rec. S20428-29 (Nov. 19, 1975) (remarks of Senator

Stafford)). Public agencies should grant any reasonable parent request for an IEP meeting. For

example, if the parents question the adequacy of services that are provided while their child is

suspended for short periods of time, it would be appropriate to convene an IEP meeting.

In general, if either a parent or a public agency believes that a required component of the student's IEP

should be changed, the public agency must conduct an IEP meeting if it believes that a change in the

IEP may be necessary to ensure the provision of FAPE.

If a parent requests an IEP meeting because the parent believes that a change is needed in the

provision of FAPE to the child or the educational placement of the child, and the agency refuses to

convene an IEP meeting to determine whether such a change is needed, the agency must provide

written notice to the parents of the refusal, including an explanation of why the agency has determined

that conducting the meeting is not necessary to ensure the provision of FAPE to the student.

Under §300.507(a), the parents or agency may initiate a due process hearing at any time regarding any

proposal or refusal regarding the identification, evaluation, or educational placement of the child, or the

provision of FAPE to the child, and the public agency must inform parents about the availability of

mediation.

21. MAY IEP MEETINGS BE AUDIO OR VIDEO-TAPE-RECORDED?

Part B does not address the use of audio or video recording devices at IEP meetings, and no other

Federal statute either authorizes or prohibits the recording of an IEP meeting by either a parent or a

school official. Therefore, an SEA or public agency has the option to require, prohibit, limit, or otherwise

regulate the use of recording devices at IEP meetings.

If a public agency has a policy that prohibits or limits the use of recording devices at IEP meetings, that

policy must provide for exceptions if they are necessary to ensure that the parent understands the IEP

or the IEP process or to implement other parental rights guaranteed under Part B. An SEA or school

district that adopts a rule regulating the tape recording of IEP meetings also should ensure that it is

uniformly applied.

Any recording of an IEP meeting that is maintained by the public agency is an "education record,"

within the meaning of the Family Educational Rights and Privacy Act ("FERPA"; 20 U.S.C. 1232g), and

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would, therefore, be subject to the confidentiality requirements of the regulations under both FERPA

(34 CFR Part 99) and Part B (§§300.560-300.575).

Parents wishing to use audio or video recording devices at IEP meetings should consult State or local

policies for further guidance.

22. WHO CAN SERVE AS THE REPRESENTATIVE OF THE PUBLIC AGENCY AT AN IEP

MEETING?

The IEP team must include a representative of the public agency who:

(a) is qualified to provide, or supervise the provision of, specially designed instruction to meet the

unique needs of children with disabilities;

(b) is knowledgeable about the general curriculum; and

Each public agency may determine which specific staff member will serve as the agency representative

in a particular IEP meeting, so long as the individual meets these requirements. It is important,

however, that the agency representative have the authority to commit agency resources and be able to

ensure that whatever services are set out in the IEP will actually be provided.

A public agency may designate another public agency member of the IEP team to also serve as the

agency representative, so long as that individual meets the requirements of §300.344(a)(4).

23. FOR A CHILD WITH A DISABILITY BEING CONSIDERED FOR INITIAL PROVISION OF

SPECIAL EDUCATION AND RELATED SERVICES, WHICH TEACHER OR TEACHERS SHOULD

ATTEND THE IEP MEETING?

A child's IEP team must include at least one of the child's regular education teachers (if the child is, or

may be participating in the regular education environment) and at least one of the child's special

education teachers, or, if appropriate, at least one of the child's special education providers

(§300.344(a)(2) and (3)).

Each IEP must include a statement of the present levels of educational performance, including a

statement of how the child's disability affects the child's involvement and progress in the general

curriculum (§300.347(a)(1)). At least one regular education teacher is a required member of the IEP

team of a child who is, or may be, participating in the regular educational environment, regardless of

the extent of that participation.

The requirements of §300.344(a)(3) can be met by either:

(1) a special education teacher of the child; or

(2) another special education provider of the child, such as a speech pathologist, physical or

occupational therapist, etc., if the related service consists of specially designed instruction and is

considered special education under applicable State standards.

Sometimes more than one meeting is necessary in order to finalize a child's IEP. In this process, if the

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special education teacher or special education provider who will be working with the child is identified, it

would be useful to have that teacher or provider participate in the meeting with the parents and other

members of the IEP team in finalizing the IEP. If this is not possible, the public agency must ensure that

the teacher or provider has access to the child's IEP as soon as possible after it is finalized and before

beginning to work with the child.

Further, (consistent with §300.342(b)), the public agency must ensure that each regular education

teacher, special education teacher, related services provider and other service provider of an eligible

child under this part

(1) has access to the child's IEP, and

(2) is informed of his or her specific responsibilities related to implementing the IEP, and of the specific

accommodations, modifications, and supports that must be provided to the child in accordance with the

IEP. This requirement is crucial to ensuring that each child receives FAPE in accordance with his or her

IEP, and that the IEP is appropriately and effectively implemented.

24. WHAT IS THE ROLE OF A REGULAR EDUCATION TEACHER IN THE DEVELOPMENT,

REVIEW AND REVISION OF THE IEP FOR A CHILD WHO IS, OR MAY BE, PARTICIPATING IN

THE REGULAR EDUCATION ENVIRONMENT?

As required by §300.344(a)(2), the IEP team for a child with a disability must include at least one

regular education teacher of the child if the child is, or may be, participating in the regular education

environment. Section 300.346(d) further specifies that the regular education teacher of a child with a

disability, as a member of the IEP team, must, to the extent appropriate, participate in the development,

review, and revision of the child's IEP, including assisting in

(1) the determination of appropriate positive behavioral interventions and strategies for the child; and

(2) the determination of supplementary aids and services, program modifications, and supports for

school personnel that will be provided for the child, consistent with 300.347(a)(3) (§300.344(d)).

Thus, while a regular education teacher must be a member of the IEP team if the child is, or may be,

participating in the regular education environment, the teacher need not (depending upon the child's

needs and the purpose of the specific IEP team meeting) be required to participate in all decisions

made as part of the meeting or to be present throughout the entire meeting or attend every meeting.

For example, the regular education teacher who is a member of the IEP team must participate in

discussions and decisions about how to modify the general curriculum in the regular classroom to

ensure the child's involvement and progress in the general curriculum and participation in the regular

education environment.

Depending upon the specific circumstances, however, it may not be necessary for the regular

education teacher to participate in discussions and decisions regarding, for example, the physical

therapy needs of the child, if the teacher is not responsible for implementing that portion of the child's

IEP.

In determining the extent of the regular education teacher's participation at IEP meetings, public

agencies and parents should discuss and try to reach agreement on whether the child's regular

education teacher who is a member of the IEP team should be present at a particular IEP meeting and,

if so, for what period of time. The extent to which it would be appropriate for the regular education

teacher member of the IEP team to participate in IEP meetings must be decided on a case-by-case

basis.

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25. IF A CHILD WITH A DISABILITY ATTENDS SEVERAL REGULAR CLASSES, MUST ALL OF

THE CHILD'S REGULAR EDUCATION TEACHERS BE MEMBERS OF THE CHILD'S IEP TEAM?

No. The IEP team need not include more than one regular education teacher of the child. If the

participation of more than one regular education teacher would be beneficial to the child's success in

school (e.g., in terms of enhancing the child's participation in the general curriculum), it would be

appropriate for them to attend the meeting.

26. HOW SHOULD A PUBLIC AGENCY DETERMINE WHICH REGULAR EDUCATION TEACHER

AND SPECIAL EDUCATION TEACHER WILL BE MEMBERS OF THE IEP TEAM FOR A

PARTICULAR CHILD WITH A DISABILITY?

The regular education teacher who serves as a member of a child's IEP team should be a teacher who

is, or may be, responsible for implementing a portion of the IEP, so that the teacher can participate in

discussions about how best to teach the child.

If the child has more than one regular education teacher responsible for carrying out a portion of the

IEP, the LEA may designate which teacher or teachers will serve as IEP team member(s), taking into

account the best interest of the child.

In a situation in which not all of the child's regular education teachers are members of the child's IEP

team, the LEA is strongly encouraged to seek input from the teachers who will not be attending. In

addition, (consistent with §300.342(b)), the LEA must ensure that each regular education teacher (as

well as each special education teacher, related services provider, and other service provider) of an

eligible child under this part

(1) has access to the child's IEP, and

(2) is informed of his or her specific responsibilities related to implementing the IEP, and of the specific

accommodations, modifications and supports that must be provided to the child in accordance with the

IEP.

In the case of a child whose behavior impedes the learning of the child or others, the LEA is

encouraged to have a regular education teacher or other person knowledgeable about positive

behavior strategies at the IEP meeting. This is especially important if the regular education teacher is

expected to carry out portions of the IEP.

Similarly, the special education teacher or provider of the child who is a member of the child's IEP team

should be the person who is, or will be, responsible for implementing the IEP. If, for example, the child's

disability is a speech impairment, the special education teacher on the IEP team could be the speech-

language pathologist.

27. FOR A CHILD WHOSE PRIMARY DISABILITY IS A SPEECH IMPAIRMENT, MAY A PUBLIC

AGENCY MEET ITS RESPONSIBILITY UNDER §300.344(A)(3) TO ENSURE THAT THE IEP TEAM

INCLUDES "AT LEAST ONE SPECIAL EDUCATION TEACHER, OR, IF APPROPRIATE, AT LEAST

ONE SPECIAL EDUCATION PROVIDER OF THE CHILD" BY INCLUDING A SPEECH-LANGUAGE

PATHOLOGIST ON THE IEP TEAM?

Yes, if speech is considered special education under State standards. As with other children with

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disabilities, the IEP team must also include at least one of the child's regular education teachers if the

child is, or may be, participating in the regular education environment.

28. DO PARENTS AND PUBLIC AGENCIES HAVE THE OPTION OF INVITING ANY INDIVIDUAL

OF THEIR CHOICE BE PARTICIPANTS ON THEIR CHILD'S IEP TEAM?

The IEP team may, at the discretion of the parent or the agency, include "other individuals who have

knowledge or special expertise regarding the child ..." (§300.344(a)(6), italics added). Under

§300.344(a)(6), these individuals are members of the IEP team. This is a change from prior law, which

provided, without qualification, that parents or agencies could have other individuals as members of the

IEP team at the discretion of the parents or agency.

Under §300.344(c), the determination as to whether an individual has knowledge or special expertise,

within the meaning of §300.344(a)(6), shall be made by the parent or public agency who has invited the

individual to be a member of the IEP team.

Part B does not provide for including individuals such as representatives of teacher organizations as

part of an IEP team, unless they are included because of knowledge or special expertise regarding the

child. (Because a representative of a teacher organization would generally be concerned with the

interests of the teacher rather than the interests of the child, and generally would not possess

knowledge or expertise regarding the child, it generally would be inappropriate for such an official to be

a member of the IEP team or to otherwise participate in an IEP meeting.)

29. CAN PARENTS OR PUBLIC AGENCIES BRING THEIR ATTORNEYS TO IEP MEETINGS, AND,

IF SO UNDER WHAT CIRCUMSTANCES? ARE ATTORNEY'S FEES AVAILABLE FOR PARENTS'

ATTORNEYS IF THE PARENTS ARE PREVAILING PARTIES IN ACTIONS OR PROCEEDINGS

BROUGHT UNDER PART B?

Section 300.344(a)(6) authorizes the addition to the IEP team of other individuals at the discretion of

the parent or the public agency only if those other individuals have knowledge or special expertise

regarding the child. The determination of whether an attorney possesses knowledge or special

expertise regarding the child would have to be made on a case-by-case basis by the parent or public

agency inviting the attorney to be a member of the team.

The presence of the agency's attorney could contribute to a potentially adversarial atmosphere at the

meeting. The same is true with regard to the presence of an attorney accompanying the parents at the

IEP meeting. Even if the attorney possessed knowledge or special expertise regarding the child

(§300.344(a)(6)), an attorney's presence would have the potential for creating an adversarial

atmosphere that would not necessarily be in the best interests of the child.

Therefore, the attendance of attorneys at IEP meetings should be strongly discouraged. Further, as

specified in Section 615(i)(3)(D)(ii) of the Act and §300.513(c)(2)(ii), Attorneys' fees may not be

awarded relating to any meeting of the IEP team unless the meeting is convened as a result of an

administrative proceeding or judicial action, or, at the discretion of the State, for a mediation conducted

prior to the request for a due process hearing.

30. MUST RELATED SERVICES PERSONNEL ATTEND IEP MEETINGS?

Although Part B does not expressly require that the IEP team include related services personnel as part

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of the IEP team (§300.344(a)), it is appropriate for those persons to be included if a particular related

service is to be discussed as part of the IEP meeting. Section 300.344(a)(6) provides that the IEP team

also includes "at the discretion of the parent or the agency, other individuals who have knowledge or

special expertise regarding the child, including related services personnel as appropriate ...." (Italics

added.)

Further, §300.344(a)(3) requires that the IEP team for each child with a disability include "at least one

special education teacher, or, if appropriate, at least one special education provider of the child..." This

requirement can be met by the participation of either

(1) a special education teacher of the child, or

(2) another special education provider such as a speech-language pathologist, physical or occupational

therapist, etc., if the related service consists of specially designed instruction and is considered special

education under the applicable State standard.

If a child with a disability has an identified need for related services, it would be appropriate for the

related services personnel to attend the meeting or otherwise be involved in developing the IEP. As

explained in the Committee Reports on the IDEA Amendments of 1997, "Related services personnel

should be included on the team when a particular related service will be discussed at the request of the

child's parents or the school." (H. Rep. No. 105-95, p. 103 (1997); S. Rep. No. 105-17, p. 23 (1997)).

For example, if the child's evaluation indicates the need for a specific related service (e.g., physical

therapy, occupational therapy, special transportation services, school social work services, school

health services, or counseling), the agency should ensure that a qualified provider of that service either

(1) attends the IEP meeting, or

(2) provides a written recommendation concerning the nature, frequency, and amount of service to be

provided to the child. This written recommendation could be a part of the evaluation report.

A public agency must ensure that all individuals who are necessary to develop an IEP that will meet the

child's unique needs, and ensure the provision of FAPE to the child, participate in the child's IEP

meeting.

31. MUST THE PUBLIC AGENCY ENSURE THAT ALL SERVICES SPECIFIED IN A CHILD'S IEP

ARE PROVIDED?

Yes. The public agency must ensure that all services set forth in the child's IEP are provided, consistent

with the child's needs as identified in the IEP. The agency may provide each of those services directly,

through its own staff resources; indirectly, by contracting with another public or private agency; or

through other arrangements. In providing the services, the agency may use whatever State, local,

Federal, and private sources of support are available for those purposes (see §300.301(a)); but the

services must be at no cost to the parents, and the public agency remains responsible for ensuring that

the IEP services are provided in a manner that appropriately meets the student's needs as specified in

the IEP. The SEA and responsible public agency may not allow the failure of another agency to provide

service(s) described in the child's IEP to deny or delay the provision of FAPE to the child. (See

§300.142, Methods of ensuring services)).

32. IS IT PERMISSIBLE FOR AN AGENCY TO HAVE THE IEP COMPLETED BEFORE THE IEP

MEETING BEGINS?

No. Agency staff may come to an IEP meeting prepared with evaluation findings and proposed

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recommendations regarding IEP content, but the agency must make it clear to the parents at the outset

of the meeting that the services proposed by the agency are only recommendations for review and

discussion with the parents. Parents have the right to bring questions, concerns, and recommendations

to an IEP meeting as part of a full discussion of the child's needs and the services to be provided to

meet those needs before the IEP is finalized.

Public agencies must ensure that, if agency personnel bring drafts of some or all of the IEP content to

the IEP meeting, there is a full discussion with the child's parents, before the child's IEP is finalized,

regarding drafted content and the child's needs and the services to be provided to meet those needs.

33. MUST A PUBLIC AGENCY INCLUDE TRANSPORTATION IN A CHILD'S IEP AS A RELATED

SERVICE?

As with other related services, a public agency must provide transportation as a related service if it is

required to assist the disabled child to benefit from special education. (This includes transporting a

preschool-aged child to the site at which the public agency provides special education and related

services to the child, if that site is different from the site at which the child receives other preschool or

day care services.)

In determining whether to include transportation in a child's IEP, and whether the child needs to receive

transportation as a related service, it would be appropriate to have at the IEP meeting a person with

expertise in that area. In making this determination, the IEP team must consider how the child's

disability affects the child's need for transportation, including determining whether the child's disability

prevents the child from using the same transportation provided to nondisabled children, or from getting

to school in the same manner as nondisabled children.

The public agency must ensure that any transportation service included in a child's IEP as a related

service is provided at public expense and at no cost to the parents, and that the child's IEP describes

the transportation arrangement.

Even if a child's IEP team determines that the child does not require transportation as a related service,

Section 504 of the Rehabilitation Act of 1973, as amended, requires that the child receive the same

transportation provided to nondisabled children. If a public agency transports nondisabled children, it

must transport disabled children under the same terms and conditions. However, if a child's IEP team

determines that the child does not need transportation as a related service, and the public agency

transports only those children whose IEPs specify transportation as a related service, and does not

transport nondisabled children, the public agency would not be required to provide transportation to a

disabled child.

It should be assumed that most children with disabilities receive the same transportation services as

nondisabled children. For some children with disabilities, integrated transportation may be achieved by

providing needed accommodations such as lifts and other equipment adaptations on regular school

transportation vehicles.

34. MUST A PUBLIC AGENCY PROVIDE RELATED SERVICES THAT ARE REQUIRED TO ASSIST

A CHILD WITH A DISABILITY TO BENEFIT FROM SPECIAL EDUCATION, WHETHER OR NOT

THOSE SERVICES ARE INCLUDED IN THE LIST OF RELATED SERVICES IN §300.24?

The list of related services is not exhaustive and may include other developmental, corrective, or

supportive services if they are required to assist a child with a disability to benefit from special

education. This could, depending upon the unique needs of a child, include such services as nutritional

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services or service coordination.

These determinations must be made on an individual basis by each child's IEP team.

35. MUST THE IEP SPECIFY THE AMOUNT OF SERVICES OR MAY IT SIMPLY LIST THE

SERVICES TO BE PROVIDED?

The amount of services to be provided must be stated in the IEP, so that the level of the agency's

commitment of resources will be clear to parents and other IEP team members. (§300.347(a)(6)). The

amount of time to be committed to each of the various services to be provided must be

(1) appropriate to the specific service, and

(2) stated in the IEP in a manner that is clear to all who are involved in both the development and

implementation of the IEP.

The amount of special education or related service to be provided to a child may be stated in the IEP as

a range (e.g., speech therapy to be provided three times per week for 30-45 minutes per session) only

if the IEP team determines that stating the amount of services as a range is necessary to meet the

unique needs of the child. For example, it would be appropriate for the IEP to specify, based upon the

IEP team's determination of the student's unique needs, that particular services are needed only under

specific circumstances, such as the occurrence of a seizure or of a particular behavior. A range may

not be used because of personnel shortages or uncertainty regarding the availability of staff.

36. UNDER WHAT CIRCUMSTANCES IS A PUBLIC AGENCY REQUIRED TO PERMIT A CHILD

WITH A DISABILITY TO USE A SCHOOL-PURCHASED ASSISTIVE TECHNOLOGY DEVICE IN

THE CHILD'S HOME OR IN ANOTHER SETTING?

Each child's IEP team must consider the child's need for assistive technology (AT) in the development

of the child's IEP (§300.346(a)(2)(v)); and the nature and extent of the AT devices and services to be

provided to the child must be reflected in the child's IEP (§300.346(c)).

A public agency must permit a child to use school-purchased assistive technology devices at home or

in other settings, if the IEP team determines that the child needs access to those devices in nonstop

settings in order to receive FAPE (to complete homework, for example).

Any assistive technology devices that are necessary to ensure FAPE must be provided at no cost to the

parents, and the parents cannot be charged for normal use, wear and tear. However, while ownership

of the devices in these circumstances would remain with the public agency, State law, rather than Part

B, generally would govern whether parents are liable for loss, theft, or damage due to negligence or

misuse of publicly owned equipment used at home or in other settings in accordance with a child's IEP.

37. CAN THE IEP TEAM ALSO FUNCTION AS THE GROUP MAKING THE PLACEMENT DECISION

FOR A CHILD WITH A DISABILITY?

Yes, a public agency may use the IEP team to make the placement decision for a child, so long as the

group making the placement decision meets the requirements of §§300.552 and 300.501(c), which

requires that the placement decision be made by a group of persons, including the parents, and other

persons knowledgeable about the child, the meaning of the evaluation data, and the placement options.

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38. IF A CHILD'S IEP INCLUDES BEHAVIORAL STRATEGIES TO ADDRESS A PARTICULAR

BEHAVIOR, CAN A CHILD EVER BE SUSPENDED FOR ENGAGING IN THAT BEHAVIOR?

If a child's behavior impedes his or her learning or that of others, the IEP team, in developing the child's

IEP, must consider, if appropriate, development of strategies, including positive behavioral

interventions, strategies and supports to address that behavior, consistent with §300.346(a)(2)(i). This

means that in most cases in which a child's behavior that impedes his or her learning or that of others

is, or can be readily anticipated to be, repetitive, proper development of the child's IEP will include the

development of strategies, including positive behavioral interventions, strategies and supports to

address that behavior. See §300.346(c). This includes behavior that could violate a school code of

conduct. A failure to, if appropriate, consider and address these behaviors in developing and

implementing the child's IEP would constitute a denial of FAPE to the child. Of course, in appropriate

circumstances, the IEP team, which includes the child's parents, might determine that the child's

behavioral intervention plan includes specific regular or alternative disciplinary measures, such as

denial of certain privileges or short suspensions, that would result from particular infractions of school

rules, along with positive behavior intervention strategies and supports, as a part of a comprehensive

plan to address the child's behavior. Of course, if short suspensions that are included in a child's IEP

are being implemented in a manner that denies the child access to the ability to progress in the

educational program, the child would be denied FAPE.

Whether other disciplinary measures, including suspension, are ever appropriate for behavior that is

addressed in a child's IEP will have to be determined on a case by case basis in light of the particular

circumstances of that incident. However, school personnel may not use their ability to suspend a child

for 10 days or less at a time on multiple occasions in a school year as a means of avoiding

appropriately considering and addressing the child's behavior as a part of providing FAPE to the child.

39. IF A CHILD'S BEHAVIOR IN THE REGULAR CLASSROOM, EVEN WITH APPROPRIATE

INTERVENTIONS, WOULD SIGNIFICANTLY IMPAIR THE LEARNING OF OTHERS, CAN THE

GROUP THAT MAKES THE PLACEMENT DECISION DETERMINE THAT PLACEMENT IN THE

REGULAR CLASSROOM IS INAPPROPRIATE FOR THAT CHILD?

The IEP team, in developing the IEP, is required to consider, when appropriate, strategies, including

positive behavioral interventions, strategies and supports to address the behavior of a child with a

disability whose behavior impedes his or her learning or that of others. If the IEP team determines that

such supports, strategies or interventions are necessary to address the behavior of the child, those

services must be included in the child's IEP. These provisions are designed to foster increased

participation of children with disabilities in regular education environments or other less restrictive

environments, not to serve as a basis for placing children with disabilities in more restrictive settings.

The determination of appropriate placement for a child whose behavior is interfering with the education

of others requires careful consideration of whether the child can appropriately function in the regular

classroom if provided appropriate behavioral supports, strategies and interventions. If the child can

appropriately function in the regular classroom with appropriate behavioral supports, strategies or

interventions, placement in a more restrictive environment would be inconsistent with the least

restrictive environment provisions of the IDEA. If the child's behavior in the regular classroom, even

with the provision of appropriate behavioral supports, strategies or interventions, would significantly

impair the learning of others, that placement would not meet his or her needs and would not be

appropriate for that child.

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40. MAY SCHOOL PERSONNEL DURING A SCHOOL YEAR IMPLEMENT MORE THAN ONE

SHORT-TERM REMOVAL OF A CHILD WITH DISABILITIES FROM HIS OR HER CLASSROOM OR

SCHOOL FOR MISCONDUCT?

Yes. Under §300.520(a)(1), school personnel may order removal of a child with a disability from the

child's current placement for not more than 10 consecutive school days for any violation of school rules,

and additional removals of not more than 10 consecutive school days in that same school year for

separate incidents of misconduct, as long as these removals do not constitute a change of placement

under §300.519(b). However, these removals are permitted only to the extent they are consistent with

discipline that is applied to children without disabilities. Also, school personnel should be aware of

constitutional due process protections that apply to suspensions of all children. Goss v. Lopez, 419

U.S. 565 (1975). Section 300.121(d) addresses the extent of the obligation to provide services after a

child with a disability has been removed from his or her current placement for more than 10 school days

in the same school year.

These Final Regulations were taken from the Federal Register. They were formatted by Education

Development Center, Inc. for the IDEA Practices web site, a service of the OSEP-funded ASPIIRE and

ILIAD IDEA Partnership Projects at The Council for Exceptional Children. Every attempt has been

made to faithfully reproduce the original content of the Regulations.