Students with disabilities shall be placed in the least restrictive environment which meets their needs. The Board of Education provides a full range of educational alternatives to facilitate this placement so that these students may interact with students without disabilities in an understanding, cooperative and mutually respectful environment. Students shall be placed outside of the regular classroom only when the student's specific needs cannot be met in that setting.
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.
(cf. 6143 - Courses of Study)
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 Students with Disabilities)
(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
51225.3 Requirements for high school graduation and diploma
56136 Guidelines for low incidence disabilities areas
56195.8 Adoption of policies
56321 Development or revision of IEP
56321.5 Notice to include right to electronically record
56340-56347 Instructional planning and individualized education program
56352 Determination of appropriate reading medium
56375-56378 Certificate of completion, special education
56380 IEP reviews; notice of right to request
56500-56508 Procedural safeguards
60640-60647 Standardized Testing and Reporting Program
60850 High school exit examination, students with disabilities
FAMILY CODE
6500 Age of majority
GOVERNMENT CODE
7572.5 Seriously emotionally disturbed child, expanded IEP team
CODE OF REGULATIONS, TITLE 5
3021-3029 Identification, referral and assessment
3040-3043 Instructional Planning and the Individualized education program
3068 Review of individualized education program
UNITED STATES CODE, TITLE 20
1232g Family Educational Rights and Privacy Act of 1974
1400-1487 Individuals with Disabilities Education Act
CODE OF FEDERAL REGULATIONS, TITLE 34
300.1-300.818 Individuals with Disabilities Education Act
COURT DECISIONS
Sacramento City School District v. Rachel H, 14 F.3d 1398 (9th Cir. 1994)
Shapiro v. Paradise Valley Unified School District. No. 69 (9th Circuit, 2003) 2003 US.App. LEXIS 1395
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 PETALUMA CITY SCHOOLS
adopted: June 25, 2002 Petaluma, California