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Santa Maria-Bonita SD |  BP  6164.4  Instruction

Identification Of Individuals For Special Education   

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The Governing Board recognizes that each individual is unique, and that while for most students, the conventional school program is appropriate, a number of individuals have exceptional abilities and/or needs which must be addressed. The Board adopts as policy the regulations and procedures of the SELPA. The Board, therefore, directs the Superintendent to see that all SELPA regulations and procedures are observed in identifying district residents meeting Federal and State and Local age eligibility requirements as defined in Education Code 56026. Such regulations and procedures shall be consistent with the requirement of Federal and State laws and regulations for such assessment.

The Superintendent or designee shall develop a method to ensure that all children residing within the district are currently receiving needed special education and related services. In addition, the Superintendent or designee shall, in conjunction with the SELPA director, consult with appropriate representatives of private school children regarding locating, identifying and evaluating these children. (20 USC 1412(a)(3); 34 CFR 300.451)

The Superintendent or designee shall establish a means whereby parents/guardians, teachers, appropriate professionals and others may request evaluation for any child they believe to have a disability that significantly interferes with his/her learning.

A student shall be referred for special education instruction and services only after the resources of the general education program have been considered and used where appropriate (Education Code 56303). Providing support for students in the general education environment is fundamentally important to ensure student success and adherence to special education regulations and laws.

The Superintendent or designee shall identify evaluation procedures to determine when an individual's academic, behavioral or other difficulties may be related to disabilities and shall establish systematic procedures for special education referral, assessment, identification, planning, placement, implementation, review and triennial assessment.

For assessment purposes, staff shall use appropriate tests to identify specific information about the student's abilities in skill areas. In addition, staff shall use multiple measures, including direct observation, to study the effect of interventions or modifications to the general education program. Staff also may consider the student's personal history, development and adaptive behavior.

The Superintendent or designee shall notify parents/guardians in writing of their rights related to identification, referral, assessment, instructional planning, implementation and review, including the district's procedures for initiating a referral for assessment to identify individuals who need special education services. (Education Code 56301)

Assignment of Students with Exceptional Needs

The district special education administrator (or designee) shall determine program placement of students eligible for special education based on goals and objectives developed by the Individualized Education Program (IEP) team. Goals and objectives are developed based on the IEP team's assessment findings. Assessments are conducted according to Education Code 56320 and 56321. No student may be assessed nor placed in a special education program without the written consent of the parents/guardians unless the district or SELPA prevails in a due process hearing related to such assessment or placement. (Education Code 56506(e))

Legal Reference:

EDUCATION CODE

44265.5 Professional preparation for teachers of impaired students

56000-56001 Special education programs

56026 Individuals with disabilities

56026.5 Low incidence disability

56029 Referral for assessment

56136 Guidelines for low disability areas

56300-56303 Identification of individuals with disabilities

56320-56329 Assessment

56333-56338 Eligibility criteria

56339 Attention deficit and hyperactivity disorders

56340-56347 Instructional planning and individualized education program

56350-56352 IEP for visually impaired students

56381 Reassessment of students

56425-56432 Early education for individuals with disabilities

56441.11 Eligibility criteria, children 3 to 5 years old

56445 Transition to grade school; reassessment

56500-56508 Procedural safeguards

GOVERNMENT CODE

95000-95029 California Early Intervention Services Act

CODE OF REGULATIONS, TITLE 5

3021-3029 Identification, Referral and Assessment

3030-3031 Eligibility criteria

UNITED STATES CODE, TITLE 20

1232g Family Educational Rights and Privacy Act of 1974

1412 State eligibility

1415 Procedural safeguards

CODE OF FEDERAL REGULATIONS, TITLE 34

104.35 Evaluation and placement

104.36 Procedural safeguards

300.1-300.756 Assistance to states for the education of students with disabilities

COURT DECISIONS

Agostini v. Felton, (1997) 521 U.S. 203, 117 S.Ct. 1997

Management Resources:

FEDERAL REGISTER

34 CFR 300.a Appendix A to Part 300 - Questions and Answers

34 CFR 300a1 Attachment 1: Analysis of Comments and Changes

Policy SANTA MARIA-BONITA SCHOOL DISTRICT

adopted: March 9, 1988 Santa Maria, California

revised: February 26, 2003