Upon the identification of a student's disabilities, the Superintendent or designee shall appoint an individualized education program (IEP) team. This team shall consider the student's needs, determine the content of his/her IEP, and make placement decisions. Students and parents/guardians shall have the right to participate in the development of the IEP in accordance with law.
(cf. 6164.4 - Identification of Individuals for Special Education)
(cf. 6164.6 - Identification and Education under Section 504)
The IEP team shall consider the factors specified in law and administrative regulation, as well as the educational and nonacademic benefits of placing the student in a regular class. The IEP team shall determine what support services would be needed in order to maintain this placement. All placement decisions should promote maximum social interaction between students with disabilities and their nondisabled peers, in a manner that is appropriate to the needs of each.
Each IEP shall be consistent with the curriculum and course of study pursued in the regular education program. Students with disabilities should also receive instruction which fosters their independence and integration into the community.
Students and parents/guardians shall have the right to approve the student's placement in a special education program, and written parental consent shall be obtained before any such placement is made unless a due process hearing officer authorizes the placement. Once an IEP team has determined an appropriate placement with the parent/guardian's approval, that placement remains in effect unless the parties agree otherwise or a due process hearing officer so orders.
A special education or regular education teacher may request a review of the classroom assignment of a student with disabilities in accordance with procedures set forth in administrative regulations.
(cf. 0430 - Comprehensive Local Plan for Special Education)
(cf. 1312.3 - Uniform Complaint Procedures)
(cf. 3541.2 - Transportation for Students with Disabilities)
(cf. 4112.23 - Special Education Staff)
(cf. 5144.2 - Suspension and Expulsion/Due Process ((Students with Disabilities»
(cf. 6146.4 - Differential Graduation and Competency Standards for Individuals with Exceptional Needs)
(cf. 6159.1 - Procedural Safeguards and Complaints for Special Education)
(cf. 6159.2 - Nonpublic, Nonsectarian School and Agency Services for Special Education)
(cf. 6159.3 - Appointment of Surrogate Parent for Special Education Students)
Legal Reference:
EDUCATION CODE 51225. 5605 5613 56195. 5632 56321. 56340. 5635 5638 5639 5650 6064 6085
FAMILY CODE 650
GOVERNMENT CODE 7572.
WELFARE AND INSTITUTIONS CODE 30 60 60
CODE OF REGULATIONS, TITLE 5 85 121 302 304
UNITED STATES CODE, TITLE 20 1232 140
CODE OF FEDERAL REGULATIONS, TITLE 34 300.
COURT DECISION
Shapiro v. Paradise Valley Unified School District, No. 69 (9th Circuit, 2003) 2003 US.App. LEXIS 1395
Sacramento City School District v. Rachel H, 14 F.3d 1398 (9th Cir. 1994)
Management Resources:
FEDERAL REGISTER
Rules and Regulations, August 14, 2006, Vol. 71, Number 156, page 46539-46845
WEB SITES
US Department of Education, Office of Special Education and Rehabilitative Services: http://www.ed.gov/offices/OSERS
Policy ALHAMBRA UNIFIED SCHOOL DISTRICT
adopted: September 9, 1997 Alhambra, California
revised: July 20, 1999