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Tamalpais Union HSD |  BP  6159  Instruction

Individualized Education Program   

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Students with disabilities shall be placed in the least restrictive environment which meets their needs. The Board of Trustees 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 general education classroom only when the student's specific needs cannot be met in that setting.

Following initial assessment or re-evaluation, if warranted, an Individualized Education Program (IEP) 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. To the extent permitted by federal law, a foster parent shall have the same rights relative to his/her foster child's IEP as a parent/guardian. (Education Code 56055)

The IEP team shall consider the educational and nonacademic benefits of placing the student in a general education class and shall determine what support services would be needed in order to maintain this placement. The IEP team shall also consider opportunities for a student with low incidence disabilities to receive all or a portion of their instruction in the general education classroom. 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 both.

Each IEP shall be consistent with the curriculum and course of study pursued in the general education program. Students with exceptional needs 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. The IEP will be implemented as soon as possible.

A special education or general education teacher may request a review of the classroom assignment of an individual with exceptional needs in accordance with procedures set forth in the administrative regulations.

(cf. 0430 - Comprehensive Local Plan for Special Education)

(cf. 1312.3 - Uniform Complaint Procedures)

(cf. 3541.2 - Transportation for Students with Disabilities or Handicaps)

(cf. 4112.23 - Special Education Staff)

(cf. 5144 - Student Discipline Policy and Procedures)

(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)

(cf. 6164.4 - Identification of Individuals with Exceptional Needs)

Legal Reference:

EDUCATION CODE

51225.3 Requirements for high school graduation and diploma

56055 Rights of foster parents pertaining to foster child's education

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

56340.1-56347 Instructional planning and individualized education program

56350-56352 IEP for visually impaired students

56380 IEP reviews; notice of right to request

56390-56392 Certificate of completion, special education

56500-56509 Procedural safeguards

60640-60649 Standardized Testing and Reporting Program

60850 High school exit examination, students with disabilities

60852.3 High school exit examination, exemption for the class of 2006

FAMILY CODE

6500-6502 Age of majority

GOVERNMENT CODE

7572.5 Seriously emotionally disturbed child, expanded IEP team

WELFARE AND INSTITUTIONS CODE

300 Children subject to jurisdiction

601 Minors habitually disobedient

602 Minors violating law defined as crime

CODE OF REGULATIONS, TITLE 5

853-853.5 Standardized Testing and Reporting Program, accommodations

1215.5-1218 High School Exit Examination, accommodations for students with disabilities

3021-3029 Identification, referral and assessment

3040-3043 Instructional planning and the individualized education program

UNITED STATES CODE, TITLE 20

1232g Family Educational Rights and Privacy Act of 1974

1400-1482 Individuals with Disabilities Education Act

CODE OF FEDERAL REGULATIONS, TITLE 34

300.1-300.818 Individuals with Disabilities Education Act

COURT DECISIONS

Schaffer v. Weast (2005) 125 S. Ct. 528

Shapiro v. Paradise Valley Unified School District, No. 69 (9th Circuit, 2003) 317 F.3d 1072

Sacramento City School District v. Rachel H. (9th Cir. 1994) 14 F.3d 1398

ATTORNEY GENERAL OPINIONS

85 Ops.Cal.Atty.Gen. 157 (2002)

Management Resources:

FEDERAL REGISTER

Rules and Regulations, August 14, 2006, Vol. 71, Number 156, pages 46539-46845

WEB SITES

California Department of Education: http://www.cde.ca.gov

U.S. Department of Education, Office of Special Education and Rehabilitative Services: http://www.ed.gov/about/offices/list/osers/osep

Policy TAMALPAIS UNION HIGH SCHOOL DISTRICT

adopted: May 25, 1993 Larkspur, California

revised: February 25, 2003

revised: June 24, 2003

revised: August 26, 2008