Special Education Programs

“The Legislature finds and declares all individuals with exceptional needs have a right to participate in free appropriate public education and special educational instruction and services for these persons are needed in order to ensure the right to an appropriate educational opportunity to meet their unique needs.”

Special Education

All individuals with suspected disabilities from birth through age 21 will be identified and referred to the appropriate agency to be assessed. Each individual will receive a full and individual evaluation to identify the disability, determine eligibility and identify educational needs.  The assessment information will provide the basis for an Individualized Education Program (IEP) or Individualized Family Service Plan (IFSP) to ensure the individual receives a free and appropriate public education (FAPE). (SMCOE SELPA)

Child Find

The Special Education Local Planning Area (SELPA) and Individual district will actively and systematically seek out all individuals with disabilities including children with disabilities who are homeless, or are wards of the State and children with disabilities attending private schools, regardless of the severity of their disabilities and who are in need of special education and related services, are identified, located, and evaluated. (SMCOE SELPA)

FAPE

IDEA Definition of FAPE- IDEA defines “Free appropriate public education” or FAPE as special education and related services that: are provided at public expenses, under public supervision and direction and without charge, meet the standards of the State Educational Agency including the requirements of IDEA, Include an appropriate preschool, elementary school, or secondary school education in the state involved, and are provided in conformity with an individualized education program (IEP) that meets the requirements of the IDEA. (SMCOE SELPA)

Student Study Team

The Student Study Team (SST) is a regular education function. It is a process of reviewing individual student problems and planning alternative instructional instructional strategies to be implemented in the regular classroom. Although specialists, such as school psychologists, speech/language specialist, and resource specialist may be involved, the SST is not a special education function and as such is not subject to the associated restrictions and timelines. (SMCOE-SELPA Procedures)

Referral Process

Referrals for assessment to determine eligibility for Special Education and related services may come from teachers, parents, agencies, appropriate professional persons, and from other members of the public. The referrals will be coordinated with school site procedures for referral of pupils with needs that cannot be met with modifications of the regular instructional program, including referrals from student interventions teams, such as the Student Study Team. (SMCOE SELPA)

Referral Procedure

Referrals for assessments to determine eligibility for special education and related services will be made to the school site principal or designee at the child’s school of residence. Referrals may be processes through the school site Student Study Team and other student intervention teams to review the referral and document interventions tried prior to referral. All requests for assessments will be submitted in writing. If a parent makes the request verbally the principal or designee will assist the individual in making the request in writing. The School site administrator or designee will review the referral. If the information is incomplete the referral source will be contacted to request additional information. No assessment will be conducted without the written parent consent.

If, after reviewing all relevant information, the administrator and assessment planning team, consider the referral inappropriate,  the parents must receive a prior written notice which includes the following: a description of the action refused by the district, an explanation why the district refuses to take the action, a description of any other options that the district considered and the reasons why those options were rejected, a description of each procedure the district used as a basis for the refused action; a description of any other factors that is relevant to the district’s refusal. (SMCOE-SELPA)

Parent Consent

The LEA (Local Education Agency) shall conduct a full and individual initial evaluation before the initial provision of Special Education and related services to a child with a disability. Either a parent of a child or LEA may initiate a request for an initial evaluation to determine if the child is a child with a disability. Such initial evaluation shall consist of procedures within 60 days of receiving parental consent for the evaluation and to determine the educational needs of the child. The LEA proposing to conduct an initial evaluation to determine if the child qualifies as a child with a disability shall obtain informed consent from the parent of a child before conducting the evaluation. Parental consent for evaluation shall not be construed as consent for placement for receipt of special education and related services.

The results of the assessment will be used by the child’s IEP team to develop an appropriate Individualized Education Program. (IEP)

Eligibility Criteria

Upon completion of the administration of tests and other evaluation materials, the determination of whether the student is an individual with a disability shall be made by the IEP Team, including the parents of the child and assessment personnel. The IEP Team will take into account all the relevant material, which is available on the pupil. No single score or product of scores shall be used as sole criterion for the decision. Three primary factors must be considered in making this determination:

1)      Does the pupil meet the eligibility criteria as an individual with a disability?

2)      Does the severity of the disability have an adverse effect on the pupil’s educational performance?

3)      Does the child require special education and services to achieve a free appropriate public education:

Federal Categories of Disabilities

Autism, Deaf-Blindness, Deafness, Emotional Disturbance, Hearing Impairment, Mental Retardation, Multiple Disabilities, Orthopedic Impairment, Other Health Impaired, Specific Learning Disability, Speech and Language, Traumatic Brain Injury, Visual Impairment

**** In making a determination of eligibility, a child shall not be determined to be a child with a disability if the determinant factor for such determination is: a lack of appropriate instruction in reading, including the essential components of reading instruction, lack of instruction in math or limited English proficiency. (SMCOE SELPA)

State and Federally Mandated Behavioral Assessments

A functional behavioral assessment (FBA) is required by federal law and is part of the disciplinary process. A functional analysis assessment (FAA) is required by California State law to address serious behavior not yet responsive to previous plans. (SMCOE SELPA)

Special Education Definitions

*    IDEA-Individuals with Disabilities

            Education Act (IDEIA/IDEA 2004)

*    FAPE- Free & Appropriate Public Education

*    IEP-Individual Educational Plan

*    RSP-Resource Specialist Program

*    SDC-Special Day Class

*    DIS-Designated Instructional Services (e.g. Speech/Language)

*    ED- Emotionally Disturbed

*    TDS-Therapeutic Day School

*    LIF-Limited Intellectual Functioning

*    LRE-Least Restrictive Environment