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Petaluma City Schools |  AR  0430  Philosophy, Goals, Objectives and Comprehensive Plans

Comprehensive Local Plan for Special Education   

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Free and appropriate education (FAPE) means special education and related services that are provided at public expense, under public supervision and direction, and without charge; meet the standards of the California Department of Education; include appropriate services for children aged 3 through 21 years; and are provided in conformity with the student's individualized education program pursuant to 34 CFR 300.340-300.350. The right to FAPE extends to students who are suspended or expelled or placed by the district in nonpublic school or agency services. (34 CFR 300.13, 300.121)

(cf. 6159 - Individualized Education Program)

Students with disabilities have the right to access all district provided educational programs and services that are available to not disabled students.

Least restrictive environment means that to the maximum extent appropriate students with disabilities, including children in public or private institutions, shall be educated with children who are not disabled, including nonacademic and extracurricular services and activities. (34 CFR 300.306, 300.550, 300.554). Special classes, separate schooling, or other removal of students with disabilities from the general education environment occurs only if the nature or severity of the disability is such that education in the general education setting with the use of supplementary aides and services cannot be achieved satisfactorily. (34CFR 300.107, 300.114, 300.117; Education Code 56049.1)

Special education means specially designed instruction, to meet the unique needs of individuals with disabilities, whose educational needs cannot be met with modification of the regular instruction program, at no cost to parents or guardians Special education provides a full continuum of program options, including instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and instruction in physical education, to meet the educational and service needs of individuals with disabilities in the least restrictive environment. (Education Code 56031)

Specially designed instruction means adapting, as appropriate to the needs of an eligible child, the content, methodology or delivery of instruction to address the unique needs of the student that result from the students disability and to ensure access for the student to the general curriculum, so that the student can meet the educational standards that apply to all students in the district.. (34 CFR 300.39

Surrogate parent means an individual assigned to act as a surrogate for the parents/guardians. The surrogate may represent an individual with a disability in matters relating to identification, assessment, instructional planning and development, educational placement, reviewing and revising the IEP, and in other matters relating to the provision of FAPE to the individual with disability. (34 CFR 300.515; Education Code56050)

(cf. 6159.4 - Appointment of Surrogate Parent for Special Education)

Elements of the Local Plan

The special education local plan shall include, but not be limited to the following:

1. Assurances that policies, procedures and programs, consistent with state law, regulation, and policy, are in effect as specified in Education Code 56205(a)(1-2 2) and in conformity with 20 USC 1412(a) and 20 USC 1413(a)(134 CFR 300.201

2. An annual budget plan and annual service plan adopted at a public hearing held by the special education local plan area. (Education Code56205)

3. A description of programs for early childhood special education from birth through five years of age.

4. A description of the process by which members of the public, including parents/guardians of individuals with disabilities who are receiving services under the plan, may address questions or concerns pursuant to Education Code 56205

5. A description of dispute resolution process.

6. A description of the process being utilized to refer students for special education instruction pursuant to Education Code 56303

7. A description of how specialized equipment and services will be distributed within the local plan area in a manner that minimizes the necessity to serve students in isolated sites and maximizes the opportunities to serve students in the least restrictive environment. (Education Code 56206)

The local plan, annual budget plan and annual service plan shall be written in language that is understandable to the general public. (Education Code 56205)

8. A description of the process being utilized to oversee and evaluate placements in nonpublic, nonsectarian schools and the method for ensuring that all requirements of each student's IEP are being met. Education Code 56205)

(cf. 6159.2 - Nonpublic, Nonsectarian School and Agency Services for Special Education)

Each special education local plan area shall develop written agreements to be entered into by districts participating in the plan. (Education Code 56195.7)

Among other things, Education Code 56195.8 mandates entities providing special education to adopt policies that include information on the number of individuals with disabilities who are being provided special education and related services.

Each entity providing special education shall adopt policies for the programs and services it operates, consistent with agreements adopted pursuant to Education Code 56195.1 and 56195.7. (Education Code 56195.8)

(cf. 4112.23 Special Education Staff)

(cf. 5144.2 Suspensions and Expulsion/Due Process for Students with Disabilities)

(cf. 6159 Individual Education Program)

(cf. 6159.1 Procedural safeguards and Complaints for Special Education)

(cf. 6159.2 Nonpublic, Nonsectarian School and Agency services for Special Education)

(cf. 6164.4 - Identification and Evaluation of Individuals for Special Education)

(cf. 6164.41 Children with disabilities enrolled by their parents is Private School)

(cf. 6164.6 - Identification and Education under Section 504)


approved: January 12, 2016 Petaluma, California