Hueneme Elementary School District

VENTURA COUNTY SPECIAL EDUCATION LOCAL PLAN AREA (SELPA) 

Emily Mostovoy-Luna, Assistant Superintendent 

5100 Adolfo Road, Camarillo, CA 93012 

(805) 437-1560, FAX (805) 437-1599, www.vcselpa.org  

PARENT AND ADULT STUDENT RIGHTS AND PROCEDURAL SAFEGUARDS FOR SPECIAL EDUCATION

These are your rights under state and federal law, as guaranteed under the Individuals with Disabilities Act  (IDEA) – PL. 108-446 and related California Education Code. This document is for parents of students aged 3- 18 years old who are being considered for or are receiving special education services. These rights apply to all  foster parents and surrogate parents (appointed by the School District) acting on behalf of a special education  student or a student being considered for special education. These rights are also for enrolled special education  students between the ages of 18-22 years old who have not yet obtained a high school diploma.  

I. GENERAL RIGHTS 

A. IDEA is a federal law that requires school districts to provide a “free, appropriate public education” (in  English, referred to as FAPE) to eligible children with disabilities. A free, appropriate public  education means that special education and related services are to be provided as described in an  individualized education program (in English, known as IEP) and under public supervision to your  child at no cost to you.  

B. To be eligible for this program, a child must be evaluated and found to have one of the following  disabilities, and need special education and/or related services. 

• Autism 

• Deaf-blindness 

• Emotional disturbance 

• Hearing impairment (including deafness) 

• Intellectual Disabilities 

• Multiple disabilities 

• Orthopedic impairment 

• Other health impairment 

• Speech or language impairment 

• Specific learning disability 

• Traumatic brain injury 

• Visual impairment 

• Established Medical Condition (preschool only) 

C. You have the right to receive this notice in your native language, unless it clearly is not feasible to do  so, and written in an easily understandable manner. If your native language or other mode of  communication is not a written language, the notice is to be translated orally or by other means to  you. The local education agency (“district”) shall take steps to ensure that you understand the content of the notice and shall ensure that written evidence exists that these requirements have been  met. 

D. The notice of Procedural Safeguards is required under IDEA and must be provided to you when: • You ask for a copy 

• The first time your child is referred for a special education assessment 

• Each time you are given an assessment plan to evaluate your child 

• Upon receipt of the first state or due process complaint in a school year, and 

• When the decision is made to make a removal that constitutes a change of placement.

II. RIGHTS RELATED TO PARENTAL NOTICE 

A. Written prior notice to the parents of the child is required whenever the district proposes to initiate or  change or refuses to initiate or change the identification, evaluation, or educational placement of the  child or the provision of a free appropriate public education.

B. The notice shall include a description of the action proposed or refused by the district, an explanation  of why the agency proposes or refuses to take the action, a description of any other options that the  agency considered and the reasons why those options were rejected. It also will include a  description of each evaluation procedure, test, record, or report the agency used as a basis for the  proposed or refused action, a description of any other factors that are relevant to the district’s proposal or refusal, and a statement that the parents of a child with a disability have protections  under the procedural safeguards of the Individuals with Disabilities Education Act (IDEA). The notice will also include sources for parents to contact to obtain assistance in understanding the provisions of  this part. It will also note a description of other options that the IEP team considered and the reasons  those options were rejected (20USC 1415[b][3] and [4], 1415[c][1], 1414[b][1]; 34 CFR 300.503.  C. The notice may be provided via the IEP or in separate format. 

III. RIGHTS RELATED TO ASSESSMENT & REEVALUATION 

A. Parents have the right to initiate a referral of their child for special education services. 

B. If the district decides to assess, the parent shall be given, in writing, a proposed Assessment Plan  within 15 calendar days of the referral for assessment, not counting days between school sessions or  days of school vacation in excess of 5 school days, from the date of receipt of the referral. An  Assessment Plan shall be developed within 10 days after the start of the new regular school year  when a referral was made 10 days or less prior to the end of the regular school year. For pupil  school vacations, the 15 day timeline continues when the regular school year reconvenes.

C. The Assessment Plan shall be provided in the native language of the parent, unless it is clearly not  feasible to do so, and shall explain the areas of assessments to be conducted, the assessors, and  the facts which make an assessment necessary or desirable. 

D. Parents must give their written consent for an initial assessment to determine if their child qualifies as  a child with a disability. 

E. The parent shall have at least 15 calendar days from receipt of the proposed Assessment Plan to  provide written consent. Assessment may begin immediately upon receipt by the district of the  signed Assessment Plan. 

F. If a parent refuses to provide consent for assessment, the district may continue to pursue an  assessment by utilizing the mediation and due process procedures described later in this document.

G. If the district declines a parent request for assessment, notice shall be given in writing within 15 days  of the parent written request. Notice shall include an explanation of why the district does not think  assessment is needed including all elements of Notice Specified in Section II of this document.

H. Testing and assessment materials and procedures for evaluation and placement of children with  disabilities will be selected and administered so as not to be racially, culturally, or sexually  discriminatory. Such materials or procedures shall be provided and administered in the child’s native  language or mode of communication, unless clearly not feasible and no single procedure shall be the  sole criterion for determining an appropriate educational program for a child. 

I. Parents have the right to initiate Due Process if they disagree with the district on the issue of  assessment.  

J. The parent has the right to receive a copy of all Assessment Reports when available.

K. As part of initial evaluation (if appropriate) and as part of any reevaluation, the IEP Team and other  qualified professionals, as appropriate, shall review existing evaluation data on the child, including  evaluations and information provided by the parents of the child, current classroom-based  assessments and observations, and teacher and related services providers’ observations. On the  basis of that review, and input from the child’s parents they should identify what additional data, if  any, are needed to determine: whether the child has a disability; the present levels of performance  and educational needs of the child; whether the child needs special education and related services;  and whether any additions or modifications to the special education and related services are needed  to enable the child to meet the annual goals set out in the child’s Individualized Education Program  and to participate, as appropriate, in the general curriculum. 

L. A reevaluation of each child with a disability shall be conducted at least once every three years or if  conditions warrant or if the child’s parent or teacher requests a reevaluation.  

M. The purpose of reevaluation is to determine ongoing eligibility and educational needs. 

N. If members of the IEP Team including the parents and other qualified professionals, as appropriate,  determine that no additional data are needed to determine whether the child continues to be a child with a disability, the district shall notify the child’s parent of that determination and the reasons for it,  and the right of the parent to request an assessment to determine whether the child continues to be a  child with a disability. If the district feels it is necessary to conduct an assessment for reevaluation  and is not able to get parent consent after reasonable attempts to do so, the district may proceed  with assessment. 

O. Vision and hearing screening will be conducted at the intervals specified in California Education Code  and/or within one year of Reevaluation, unless the parent denies permission.  

IV. INDEPENDENT EDUCATIONAL EVALUATIONS 

A. Parents have the right to obtain one Independent Educational Evaluation (IEE) of their child at public  expense for each evaluation conducted by the district if they disagree with an evaluation obtained by  the district within no more than two years. The district shall provide to parents, on request,  information about where an IEE may be obtained. If a parent requests an IEE at public expense, the  district must either initiate a due process hearing to show that its evaluation is appropriate or ensure  an IEE is provided at public expense. If the district prevails at the due process hearing, the parent  still has the right to an IEE, but not at public expense.  

B. The assessment tools used by an independent education evaluator must be individually selected for  your child and must be administered by competent professionals. 

C. Testing and evaluation materials and procedures must be selected and administered so as not to be  racially, culturally, or sexually discriminatory. 

D. The materials or procedures must be provided and administered in your child’s native language or  mode of communication, unless it clearly is not feasible to do so.  

E. No single procedure shall be the sole criterion for determining an appropriate educational program for  a child.  

F. IEEs must meet requirements for location, qualifications, costs and assessment instruments set forth  by SELPA.  

G. Information obtained in an IEE (regardless of who pays) shall be considered along with all other  assessment data in developing the IEP. 

H. If the district observes the student in his or her classroom during an assessment, or if the district  would have been allowed to observe the student, an individual conducting an IEE must also be  allowed to observe the classroom. If the school district proposes a new school setting for the student  and an IEE is being conducted, the independent assessor must be allowed to first observe in the  proposed new setting. 

I. The district shall conduct a reevaluation of a student with a disability before determining that the  student no longer meets the criteria for eligibility as a child with a disability. 

J. The district must re-evaluate students transferring in from out of state if determined to be necessary. K. Screening by a teacher or specialist to determine instructional strategies for implementation of the  curriculum is not considered evaluation for eligibility purposes and does not require parent  permission. 

An Information packet for parents about IEEs is located under “For Families/Resources & Booklets” 

V. RIGHTS RELATED TO THE INDIVIDUALIZED EDUCATION PROGRAM (IEP) TEAM MEETING 

A. An IEP required as a result of an assessment of a child shall be developed within a total time not to  exceed 60 days, not counting days between the child’s regular school sessions, terms or days of  school vacation in excess of five school days, from the date of receipt of the parent’s written consent  for assessment.  

B. If the timeline is interrupted by a school vacation, the 60-day time shall recommence on the date that  pupil school days reconvene. 

C. If a referral has been made 30 days or less prior to the end of the regular school year, an IEP shall  be developed within 30 days after the commencement of the subsequent regular school year as  determined by each district’s school calendar.  

D. Parents have the right to participate in meetings on the identification, evaluation and educational  placement of their child and be informed of all program options, including alternative public and  private programs.  

E. Parents are entitled to receive written notice of the proposed meeting, including meeting purpose,  and shall be notified early enough to ensure the opportunity to attend. 

F. The IEP Team meeting shall be arranged at times and places mutually agreeable to the parent and  the district. 

G. Parents have the right to be a member of the IEP Team, and to present information to the team in  person or through a representative.  

H. The district shall take whatever action is necessary to ensure that the parents understand the  proceedings at a meeting, and are able to participate in any group discussions relating to the  educational placement of their child, including arranging for an interpreter for parents with deafness,  or whose native language is other than English. 

I. Parents may designate another adult to represent the educational interests of the child. This may be  done for one meeting only by indicating the name of the representative on the IEP Meeting Notice, or  on a long term basis by filling out the “Designation of Educational Representative” form. (Available on  the SELPA website, under “SIRAS IEP User’s Manual/Pre-IEP Forms”) 

J. Parents have the right to an IEP team which includes the student's present teacher, a representative  of the district, one or both parents and a general educator if the student is or may be participating in  the general educational environment. Also present, as appropriate, may be the student and other  individuals at the request of parents or education agency who possess necessary expertise or  knowledge. If the student has been assessed, a person who is qualified to interpret the results shall  be present. If the student is suspected of having learning disabilities, at least one member of the  team, other than the teacher, shall have observed the pupil in an appropriate educational setting.  

K. If the IEP will discuss transition to adult life, the student must be invited to participate in transition  planning. However, if the student is not yet 18, parents can decide whether or not he/she attends all  or part of the meeting. 

L. Parents have the right to include as members of the IEP Team other individuals who have knowledge  or special expertise regarding their child.  

M. As long as the team is made up of the required members, parents may not require that a specific  individual be in attendance. 

N. A required IEP team member whose area will not be discussed may be excused from all or part of  the meeting with written permission of district and parent. 

O. An IEP team member whose area will be discussed may be excused from all or part of the meeting  with written district and parent permission, but must submit a written report prior to the meeting in lieu  of attendance. 

P. If a special education student is placed in a non-public school, any IEP meetings may be convened  by the non-public school in cooperation with the placing district. However, the placing district retains  full responsibility for compliance with state and federal law. 

Q. The IEP meeting shall be non-adversarial and conducted solely for the purpose of making  educational decisions about the student.  

R. For children with disabilities aged 3 through 5, an Individualized Family Service Plan may serve as  the IEP if agreed to by the district and the child’s parents. 

S. Parents shall be given a copy of the IEP at no cost, and a copy of the IEP shall be provided in the  primary language at the request of the parents. 

T. The IEP and placement of the student will be reviewed at least once each year by the IEP team. U. Parents have the right to request a review by the IEP Team. A meeting of the IEP Team requested  by a parent shall be held within 30 days, not counting days between the student’s regular school  sessions, terms or days of school vacation in excess of five school days, from the date of receipt of  the parent’s written request. 

V. Parents and the district have a right to make an audiotape recording of the proceedings of the IEP  Team meeting by giving 24 hours notice to the IEP Team of the intent to tape the meeting. If the  district initiates notice of the intent to audiotape the meeting and the parent objects or refuses to  attend, then the meeting shall not be tape recorded by either party. 

W. The IEP may be held by teleconference, if all parties agree.  

X. Written consent of the parent is required before any program placement or special education services  may begin.  

Y. The parent may refuse consent to the initial placement of their child in special education. The district  may not pursue Due Process on the issue of initial placement.

Z. Any time after the initial provision of special education and related services, a parent or an adult  student may revoke consent in writing for the continued provision of services and supports. This  revocation would include all special education services. The district may not continue to provide  services, but must provide written notice before ceasing services indicating when the services will cease. An IEP meeting is not required. The district may not use mediation or due process  procedures to obtain agreement or a ruling that the services must be provided. If consent is revoked  for special education services, the district is not required to amend the child’s education records to  remove any reference to receipt of special education and related services. Additionally, if you revoke  consent for special education services, the child will be subject to the same disciplinary guidelines as  any other student in the district. If a parent or adult student decides to re-refer the student for  services the district will respond within 15 days. According to the law, the district has an additional  60 days to conduct assessment and hold an IEP at which time eligibility and services will be  considered.  

AA. On review of the IEP, the parent may consent to all or part of the new proposed IEP. Those parts  that are agreed upon will be implemented. If the district determines that a part of the proposed  special education program to which the parent does not consent is necessary to provide a free and  appropriate public education to the child, a due process hearing shall be initiated unless a prehearing  mediation conference is held. If parents believe a change to the IEP is necessary, or disagree with a  change proposed by the district, the parents may file for Due Process. 

VI. RIGHTS RELATED TO THE CONTENTS OF THE IEP 

A. The IEP will contain these elements: 

• The strengths of the child and 

• The concerns of the parents about their child’s education, and 

• The results of the most recent evaluations, and 

• The student’s present levels of academic achievement and functional performance, and • The academic, developmental and functional needs of the student, and 

• A statement of how the disability affects involvement and progress in the core curriculum (or for  preschoolers, how it affects participation in appropriate activities), and 

• Measurable annual goals. For students who participate in alternate assessments, benchmarks or  short-term objectives are also required, and 

• A statement of how progress toward goals will be measured, as well as when periodic reports will  be given to the parents, and  

• Special education, related services and supplementary aides and services, and 

• An explanation of the extent, if any, to which the student will not participate with children without  disabilities in the general education classroom, and  

• Accommodations or modifications needed for district and statewide assessments. If the student  cannot participate in the regular assessment, the reasons why and the alternate assessment  selected, and 

• The projected date for beginning the services. 

B. The team will also consider as appropriate: 

• Behavior impeding learning of self or others, and/or 

• Language needs of a limited English proficient student, and/or 

• Braille for students who are blind or visually impaired and/or 

• Communication needs of the child, including the child who is deaf or hard of hearing, and/or • The need for assistive technology devices (does not include surgically implanted devices). 

For additional elements included in the planning for transition to adult life, see Section VI (For  students aged 15 and older) 

C. Parents shall be informed of free, appropriate public education and all available alternative options,  both public and non-public, per the Local Plan and Interdistrict Charts.  

D. Special Education services mean specially designed instruction, at no cost to the parents, to meet  the unique needs of the student with a disability.  

E. These services may be provided in general education classes, special classes, special schools, the  home, hospital, or institutions.

F. Children with disabilities have the right to be educated with children without disabilities to the  maximum extent appropriate. This means the right to placement in the least restrictive learning  environment that will also address their special education needs. 

G. Extended school year services must be made available if the IEP team determines that they are  necessary for the provision of a free, appropriate public education. 

H. The description of the student’s overall program will include the location and type of services, but not  specific individuals or classes. 

VII. TRANSITION TO ADULT LIFE 

A. Starting no later than the first IEP to be in effect when the student turns 16, planning for transition to  adult life will be included in the IEP process. 

B. Transition assessments will be conducted to determine the student’s desired outcomes in the areas  of education and training, employment, and, as appropriate, independent living. 

C. Measurable goals for the student’s desired outcomes for life after public school will be written. D. Annual goals will be developed as appropriate to address the desired outcomes. E. Necessary transition services to address the annual goals will be specified 

F. No later than one year before the student turns 18, the IEP will include a statement that the student  will be informed that all special education rights will transfer to him or her upon reaching 18. See  Rights of Adult Students in this document, Section VIII.  

For more information about transition, see our website “For Families/Transition to Adult Life.”

VIII. RIGHTS RELATED TO STUDENT RECORDS 

A. Parents have the right to receive notice in their native language which includes a summary of the  policies, procedures and rights related to personally identifiable information, including the rights  under the Family Educational Rights and Privacy Act of 1974 (FERPA). The following information  meets this requirement. 

B. The district shall provide parents on request a list of the types and locations of education records  collected, maintained, or used by the agency. 

C. Parents shall have the right and opportunity to examine all school records of their child and to receive  copies within 5 business days after such request is made, either orally or in writing and before any  meeting regarding an IEP or any hearing relating to the identification, evaluation, or educational  placement of the child, or the provision of a free appropriate public education.  

D. A district may charge no more than the actual cost of reproducing such records, but if the cost  effectively prevents the parent from exercising the right to receive such copy or copies, the copy or  copies shall be reproduced at no cost. 

E. The parent’s right to inspect and review the educational records of their child includes the right to a  response from the district to reasonable requests for explanations and interpretations of the records  and the right to have a representative of the parent inspect and review the records. 

F. The district may presume that the parent has authority to inspect and review records relating to his or  her child unless the agency has been advised that the parent does not have the authority under  applicable State law governing such matters as guardianship, separation, and divorce. 

G. The parent may file a written request with the superintendent of the district to correct or remove any  information recorded in the written records concerning his or her child which the parent alleges to be  any of the following: (a) inaccurate; (b) an unsubstantiated personal conclusion or inference; (c) a  conclusion or inference outside of the observer’s area of competence; (d) not based on the personal  observation of a named person with the time and place of the observation noted, (e) misleading; (f) in  violation of the privacy or other rights of the pupil. 

H. Within 30 days of receipt of a request as described above, the superintendent or superintendent’s  designee shall meet with the parent and the certificated employee who recorded the information in  question, if any, if the employee is presently employed by the district. The superintendent shall then  sustain or deny the allegations. If the superintendent sustains any or all of the allegations, he or she  shall order the correction or the removal and destruction of the information. However, the  superintendent shall not order a student’s grade to be changed unless the teacher who determined  the grade is, to the extent practicable, given an opportunity to state orally, in writing or both, the reasons for which the grade was given and is, to the extent practicable, included in all discussions  relating to the changing of the grade.  

I. If the superintendent denies any or all of the allegations and refuses to order the correction or the  removal of the information, the parent may, within 30 days of the refusal, appeal the decision in  writing to the governing board of the district. 

J. Within 30 days of receipt of an appeal, the governing board shall, in closed session with the parent  and the certificated employee who recorded the information in question, if any, if the employee is  presently employed by the district and determine whether or not to sustain or deny the allegations. If  the governing board sustains any or all of the allegations, it shall order the superintendent to  immediately correct or remove and destroy the information from the written records of the pupil.  However, the governing board shall not order a student’s grade to be changed unless the teacher  who determined the grade is, to the extent practicable, given the opportunity to state orally, in writing,  or both, the reasons for which the grade was given and is, to the extent practicable, included in all  discussions relating to the changing of the grade. The decision of the governing board shall be final. 

K. Records of these administrative proceedings shall be maintained in a confidential manner and shall  be destroyed one year after the decision of the governing board, unless the parent initiates legal  proceedings relative to the disputed information within the prescribed period. 

L. If the final decision of the governing board is unfavorable to the parent, or if the parent accepts an  unfavorable decision by the district superintendent, the parent shall have the right to submit a written  statement of his or her objections to the information. This statement shall become part of the pupil’s  school record until the information objected to is corrected or removed. 

M. Parental consent must be obtained by the district before personally identifiable information is  disclosed or released to other agencies. 

N. School district officials can release confidential educational information to an agency caseworker or  another representative of a state or local child welfare agency or tribal organization that has the legal  responsibility for the care and protection of the student, without parent permission.  

For more information regarding Family Educational Rights and Privacy Act (FERPA) visit  http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html  

IX. RIGHTS OF ADULT STUDENTS 

A. When a student with a disability reaches the age of 18, the age of majority in California, (except for a  student with a disability who has been determined to be incompetent under State law) the district  shall provide any required notices to both the individual and the parents.  

B. At the age of 18, all other rights accorded to the parents under the IDEA transfer to the child. The  district shall notify the individual and the parents of the transfer of rights. All rights accorded to  parents under the IDEA transfer to students who are incarcerated in an adult or juvenile Federal, State, or local correctional institution. 

C. An adult student with a disability may appoint another adult to represent him or her in educational  matters, if desired.  

X. PARENT SURROGATES 

A. The district shall ensure that procedures are established and maintained for the assignment of an  individual to act as a surrogate for the parents in all special education matters whenever the parents  of the child are not known, the agency cannot, after reasonable efforts, locate the parents, or the  child is a ward of the State and the parents have had their educational rights removed by a court of  law. 

B. If the child lives in a foster home, and the parents have had their educational rights removed, the  foster parent may fulfill the role of “parent” for educational purposes as long as the child resides in  the home. A foster parent shall include a person, relative caretaker, or nonrelative extended family  member who has been licensed or approved by the county welfare or probation department or the  State Department of Social Services or who has been designated by the court as a specified  placement. A foster parent does not have to be designated as a surrogate. 

C. The individual appointed to act as a surrogate shall not be an employee of the state education  agency, the district, or any other public or private agency that is involved in the education or care of the child. The surrogate shall have no interest that conflicts with the interest of the child he or she  represents and shall have knowledge and skills that ensure adequate representation of the child. An  individual who would have a conflict of interest means a person having any interest that might restrict  or bias his or her ability to advocate for all of the services required to ensure a free appropriate public  education for the child with a disability.  

D. As far as practical, a surrogate parent should be culturally sensitive to his or her assigned child. E. When appointing a surrogate, the district shall, as a first preference, select a relative caretaker or a  court appointed special advocate, if one of these individuals exist and is willing and able to serve. If  not, the district shall select the surrogate of its choice. If the child is removed from the home of the  relative caretaker who has been appointed as a surrogate, the district shall appoint another  surrogate. 

F. Except for individuals who have a conflict of interest in representing the child, individuals who may  serve as surrogates include, but are not limited to, retired teachers, social workers, and probation  officers who are not employees of a public agency involved in the education or care of the child. If a  conflict of interest arises subsequent to the appointment of the surrogate, the district shall terminate  the appointment and appoint another surrogate. 

G. The surrogate shall serve as the child’s parent and shall have all rights regarding the child’s  education that a parent has as specified in the IDEA. A surrogate may represent a child with a  disability in matters relating to identification, assessment, instructional planning and development,  educational placement, and/or reviewing and revising the Individualized Education Program, and in  other matters relating to the provision of a free, appropriate public education to the individual. This  representation shall include the provision of written consent to the IEP including nonemergency  medical services, mental health treatment services and occupational or physical therapy services.  The surrogate may sign any consent relating to IEP purposes. 

H. A surrogate shall not be appointed for a child who is a dependent or a ward of the court unless the  court specifically limits the right of the parent or guardian to make educational decisions for the child  or for a child who has reached the age of majority unless the child has been declared incompetent by  a court of law. 

I. A surrogate shall be held harmless by the State of California when acting in his or her official capacity  except for acts or omissions which are found to have been wanton, reckless, or malicious. 

A flowchart of the Parent Surrogate process and necessary forms are available at the SELPA office.

XI. USE OF MEDICAID/MEDICAL PUBLIC BENEFITS 

A. You must give consent before the district may access your child’s MediCal benefits to pay for certain  special education related services.  

B. The district does not need to ask for your permission again unless the type, cost or amount of services  changes.  

C. There will be no cost to you if the district accesses your child’s MediCal benefits. It will not impact your  child’s available lifetime coverage, result in your having to pay any co-pays or for other services that  would otherwise be covered by the public benefits which are required by your child outside school,  increase premiums or discontinue benefits, or risk loss for home and community based waivers. 

D. You have the right to withdraw your consent for the district to use your child’s name access MediCal  benefits at any time. If you do this, the district will continue to be responsible to provide all services  specified in your child’s IEP.  

XII. PROCEDURES FOR RESOLVING DIFFERENCES 

A. Voluntary Pre-Hearing Mediation (“Mediation Only”) 

1. Parents may choose to participate in Mediation Only by filing the “Mediation Only Request Form.”  If this is requested before filing a Request for Mediation and Due Process Hearing, it is not  considered to be part of the Due Process Hearing process, and attorneys and legal advocates  cannot be present. 

2. Either party may decide to participate in Mediation Only. Mediation Only is voluntary, and if one  of the parties declines to participate, it will not occur.  

3. The Mediation Only conference will be scheduled within 15 days of the request. 

The “Mediation Only Request Form” is located on our website www.vcselpa.org under For Families;  Special Education Parent Rights. You may also access the forms at  

http://www.dgs.ca.gov/oah/SpecialEducation/Forms.aspx.  

B. Due Process 

1. NOTICE OF DUE PROCESS COMPLAINT 

a. A parent or a public agency may file a Request for Mediation and Due Process Hearing if they  disagree with any matters relating to the identification, assessment or educational placement  of a student with a disability and would like to initiate Due Process. 

b. The Notice must be filed no later than two years after the parent or public agency knew or  should have known about the alleged violation. (For complaints alleging violations after  October 9, 2006) 

c. The two year time limit does not apply to the parent if they were prevented from filing a  Request for Mediation and Due Process Hearing due to specific misrepresentation by the  district that it has resolved the problem which is the basis of the complaint, or due to the  district’s withholding of information from the parent that was required to be provided. d. The Request must include these elements: 

• The child’s name, address and school (if the child is “homeless” according to the  McKinney-Vento Homeless Act, available contact information must be provided) 

• A description of the problem, including facts 

• A proposed resolution of the problem 

e. The Request must be sent to the State Superintendent of Public Instruction, with a copy  provided to all other parties named. (Office of Administrative Hearings (OAH), Special  Education Division, 2349 Gateway Oaks Drive, Suite 200, Sacramento, CA, 95833,  Telephone: (916)263-0880, Fax (916)263-0890 

f. Either parents or district may challenge the sufficiency of the Request.  

g. The Request will be deemed to be sufficient unless the party receiving the Request notifies  the Administrative Law Judge (ALJ) and the other party within 15 days of receipt that it  believes the Request does not contain the required elements (above). 

h. Within five days of receipt of notification from either party that the Request is not sufficient,  the ALJ will make a decision on whether the complaint contains the required elements. i. The party filing the Request does not have the right to a Due Process Hearing if the Request does not contain the required elements. 

j. A party may amend its Request only if the other party consents in writing and a Resolution  Session is held, or if permitted by the ALJ, but not later than five days before a Due Process  Hearing occurs. In case of amendment of the Request, all timelines start over. 

k. If a party files an amended Request for Mediation and Due Process Hearing, the timelines for  the Resolution Session begin again. 

l. If the district has not given the parent written notice about the subject matter contained in the  parent’s Request, the district must, within 10 days of receiving the Request, give the parent a  written response (known as “Other Party Response”) that contains all the elements in Section  II of this document. 

The “Mediation and Due Process Hearing” Request Form is located on our website  www.vcselpa.org under For Families; Special Education Parent Rights. You may also access the  forms at http://www.dgs.ca.gov/oah/SpecialEducation/Forms.aspx.  

2. RESOLUTION SESSION 

a. Within 15 days of receiving the parent’s Request for Mediation and Due Process Hearing, and  prior to initiation of a Due Process Hearing, the district must convene a meeting with the  parent and the relevant members of the IEP team who have specific knowledge of the facts  identified in the Request. The members are determined by the parent and district. b. The meeting must include a representative of the district who has decision-making authority.

c. The district may not have an attorney present unless the parent is accompanied by an  attorney.  

d. The purpose of the meeting is to try to resolve the issues specified in the Request. 

e. Unless both parties have agreed to waive the Resolution Session or agreed to participate in  Mediation, the failure of the parent to participate in the Resolution Session will delay the  timelines for the Due Process Hearing until the Resolution Session is held. If, after  reasonable efforts, the district is unable to get the parents to participate in the Resolution  Session within 30 days, the district may request the ALJ to dismiss the Request. 

f. If the district fails to hold the Resolution Session within 15 days of receiving the Request from  the parents, or fails to participate in the Resolution Session, the parent may ask the AJL to  begin the Due Process Hearing timeline. 

g. The 45 day timeline for Due Process Hearing begins if:  

• Both parties agree in writing to waive the Resolution Session; or  

• After the beginning of the Resolution period starts but before the end of the 30-day  period, both parties agree in writing that agreement is not possible; or  

• The district has not resolved the issues in the Request to the satisfaction of the  parents within 30 days; or 

• Both parties agree in writing to continue the Resolution or Mediation period, but one of  the parties later withdraws from the process. 

h. A written settlement agreement will be developed if agreement is reached in the Resolution  Session. The agreement will be: 

• Signed by both the parent and the representative of the district with authority to  commit the resources of the district, and 

• Enforceable in State or Federal court. 

i. The agreement may be voided by either party within 3 business days of its execution.

3. MEDIATION (as part of Due Process) 

a. Mediation as part of the Due Process will be completed within 30 days after receipt of the  Request for Mediation and Due Process Hearing, unless both parties agree to a time  extension.  

b. The Mediation process is voluntary and may not be used to deny or delay a parent’s right to a  hearing or other rights afforded by the IDEA. Requesting or participating in a mediation  conference is not a prerequisite to requesting a Due Process Hearing. 

c. The Administrative Law Judge (ALJ) shall encourage the parties to a Hearing to consider  Mediation as an alternative to a Hearing.  

d. Mediation will be conducted by a qualified, impartial and trained Mediator. e. Parents have the right to receive a copy of a Mediation request initiated by the district. f. The Mediation session shall be scheduled in a timely manner and held in a location  convenient to the parties. 

g. Any agreement reached in Mediation shall be documented in a legally binding written  Mediation Agreement. 

h. Discussions in Mediation shall be confidential and may not be used as evidence in any  subsequent due process hearings or civil proceedings. The parties to the Mediation may be  required to sign a confidentiality pledge prior to commencement of the process.  i. Written resolution of the Mediation will be mailed to the parent within ten days. 

4. DUE PROCESS HEARING 

a. The Due Process Hearing will begin within 30 days of the filing of the Request for Mediation  and Due Process Hearing, (“Request”), if efforts at Resolution and Mediation have not been  successful.  

b. Parents have the right to a fair and impartial hearing at the state level. The Administrative  Law Judge (“ALJ”) appointed by the Calif. Dept. of Education (“CDE”) will be trained and knowledgeable in the laws governing special education and administrative hearings and not  an employee of the state or district. 

c. The CDE will keep a list of all ALJs and their qualifications.

d. The party requesting a Due Process hearing may not raise issues that were not raised in the  original Request.  

e. Upon receipt by the Office of Administrative Hearings or designees of the hearing request, all  parties to the hearing shall immediately be notified of the request for the hearing and the  scheduled hearing date. The notice shall advise all parties of all their rights relating to  procedural safeguards and shall include a list of persons and organizations within the  geographical area that can provide free or reduced cost representation or other assistance in  preparing for the due process hearing. 

f. Parents have the right to: 

• Be accompanied and advised by an attorney or others with special knowledge or training  of students with disabilities. 

• Present evidence, written and oral arguments and confront, cross-examine and compel  the attendance of witnesses. 

• Prohibit the introduction of any evidence at the hearing that has not been disclosed to the  other party at least five days before the hearing. 

• Obtain a written or (at the option of the parents) electronic verbatim record of the hearing. • Obtain written or electronic findings of fact and decisions. 

• Have the child who is the subject of the hearing present. 

• Open the hearing to the public. 

• Examine all school records of the child and receive copies as per Section VII of this  document. 

g. Each party must disclose to all other parties prior to the hearing: 

• (Within five business days) All evaluations completed by that date and recommendations  it intends to use. 

• (Within five business days) A copy of all documents and a list of all witnesses and their  general area of testimony. 

• (Within 10 days) A statement as to what the party believes are the issues to be decided at  the hearing and the proposed resolution of those issues. Upon the request of a parent  who is not represented by an attorney, a mediator will be provided to assist the parent in  identifying the issues and the proposed resolution of the issues. 

• (Within 10 days) Whether or not they intend to be represented by an attorney. h. Either party has the right to prohibit the introduction of any evidence that has not been  disclosed to the other party within five business days of the hearing. 

i. The ALJ may: 

• Question a witness on record before other parties do so. 

• With the consent of both parties, request that conflicting experts discuss an issue with  each other on record. 

• Visit the proposed placement site(s) when the physical attributes of the site(s) are at  issue. 

• Call a witness to testify if all parties consent or the hearing is continued for at least five  days after the witness is identified and before s/he testifies. 

• Order an impartial assessment to be conducted, and the hearing postponed until it is  completed.  

• Bar introduction of any documents and testimony of any witnesses not disclosed  according to legal guidelines. 

• Call independent medical specialists. 

• Set a reasonable limit on the length of the hearing after considering the issues to be  heard, the complexity of the facts to be proven, the ability of the parties (and their  representatives if any) to present their cases, and the parties’ estimate of the time  needed. 

j. The ALJ’s determination of whether a child received a free, appropriate public education must  be made on substantive grounds. In matters alleging a procedural violation on the part of the  district, the ALJ would not consider the violation a denial of the child’s rights unless it: • Impeded the child’s right to a free, appropriate public education, or

• Significantly impeded the parent’s opportunity to participate in the decision-making  process, or 

• Caused a deprivation of educational benefit to the student. 

The above criteria do not preclude an ALJ from ordering the district to comply with procedural  requirements or ordering a compensatory remedy.  

k. Parents may request Mediation at any point during the hearing process if both parties are  willing to extend the forty-five day limit for a period equal to the length of the Mediation  process. 

l. Each party to the hearing may request an extension of the timeline for the hearing. The  extension shall be granted upon a showing of good cause. 

m. During the pendency of the hearing and any judicial proceedings, unless the state or district  and the parents agree otherwise, the student shall remain in the then-current educational  placement, or, if applying for initial admission to a public school, shall with the consent of the  parents, be placed in the public school program until all such proceedings have been  completed.  

n. An ALJ may not render a decision that results in the placement or reimbursement for the  placement, of a special education student in a nonpublic school or agency unless the school  or agency has been appropriately certified. 

o. In decisions related to the placement, the ALJ will consider cost, in addition to all other  factors.  

p. The Calif. Dept. of Education will ensure that a final written, reasoned, decision is reached in  the hearing and a copy of the decision is mailed to each of the parties not later than 45 days after the expiration of the 30 day Resolution/Hearing period. 

q. The findings and decisions shall be made available to the public after any personally  identifiable information has been removed. 

r. The hearing decision shall be final and binding on all parties except that any party involved in  such hearing may appeal the decision to a federal court as a civil action. An appeal shall be  made within 90 days of receipt of the hearing decision.  

5. ATTORNEY’S FEES 

a. A court may award reasonable attorney’s fees to the parent, guardian or student if: • The parent is the prevailing party in a due process hearing or subsequent judicial  proceeding. 

• The parent is the prevailing party and was substantially justified in rejecting the settlement  offer. 

b. Reimbursement of reasonable attorney’s fees may be awarded to the district if: • The attorney of the parents files a complaint that is frivolous, unreasonable, or without  foundation 

• The attorney of the parent continued to litigate after the litigation clearly became frivolous,  unreasonable or without foundation. 

• The parent’s request for Due Process Hearing was presented for an improper purpose,  such as to harass, to cause unnecessary delay, or to needlessly increase the cost of the  litigation. 

c. Attorneys’ fees may not be awarded and related costs may not be reimbursed for legal  services performed subsequent to the time of a written offer of settlement to the parent if an  offer was made within 10 days before the Hearing began, the offer was not accepted within  10 days, and the ALJ finds that the relief finally obtained by the parent is not more favorable  than the offer of settlement.  

d. Attorneys’ fees may not be awarded relating to any meeting of the IEP Team unless such  meeting is convened as a result of an administrative proceeding or judicial action. e. Fees awarded will be based on rates prevailing in the community in which the action arose. f. The court shall reduce, accordingly, the amount of the attorneys’ fees awarded whenever the  court finds: 

• The parent or their attorney unreasonably protracted the final resolution of the  controversy, or 

• The amount of the attorneys’ fees otherwise authorized to be awarded unreasonably  exceeds the hourly rate prevailing in the community for similar services by attorneys of  reasonably comparable skill, reputation, and experience, or 

• The time spent and legal services furnished were excessive considering the nature of the  action or proceeding, or 

• The attorney representing the parent did not provide the district the appropriate  information required as part of the due process request. 

XIII. STATE COMPLAINTS ALLEGING VIOLATION OF THE LAW 

A. A complaint is different than due process. Due process is a system for resolving differences, while a  complaint alleges a violation of the law. Examples of complaints would be an alleged failure to  adhere to procedural requirements or to implement components of the IEP. 

B. An individual may file a written complaint regarding the district’s alleged violation of federal or state  law with the superintendent of the district or the State Superintendent of Public Instruction with a  copy to the district. Address complaint to the State Superintendent to: California Department of  Education, Special Education Division, Procedural Safeguards Referral Service, Attn: PSRS Intake,  515 L Street, Suite 270, Sacramento, CA 95814, (800) 926-0648, Fax (916) 327-3704,  http://www.cde.ca.gov/spbranch/sed.  

C. A copy of the written resolution shall be received from the State Superintendent of Public Instruction  within 60 days. The California Department of Education will carry out an independent investigation. 

The “Request for Complaint Investigation” form is located on our website under For Families,  Resolving Disagreements or at http://www.cde.ca.gov/sp/se/qa/cmplntproc.asp.  

XIV. PAYMENT FOR EDUCATION OF CHILDREN ENROLLED IN PRIVATE OR NONPUBLIC SCHOOLS  WITHOUT CONSENT OF OR REFERRAL BY THE DISTRICT 

A. A district is not required to pay for the cost of education, including special education and related  services, of a child with a disability at a private school or facility if that agency made a free,  appropriate public education available to the child and the parents elected to place the child in the  private school or facility. 

B. If the parents of a child with a disability who previously received special education and related  services through the district enroll the child in a private school without the consent of or referral by  the district, a court or ALJ may require the parent to be reimbursed for the costs of the placement if it is found that a free, appropriate public education had not been made available to the child in a timely  manner prior to that enrollment. 

C. If a parent unilaterally places their child in a nonpublic school and proposes the placement in the  nonpublic school to be publicly financed, the school district must be given the opportunity to observe  the proposed placement and the child in the proposed placement. The school district may not  observe or assess any other child at the nonpublic school without permission from the other child’s  parent or guardian. 

D. The cost of reimbursement may be reduced or denied if: 

(1) At the most recent IEP meeting the parents attended prior to removing the child from public  school, the parents did not inform the IEP Team that they were rejecting the placement proposed  by the district and did not state their intent to enroll their child in a private school at public  expense, or  

(2) 10 business days (including holidays that occur on a business day) prior to removing a child from  public school, the parents did not give written notice to the district of the information described in  (1), or  

(3) Prior to the parents’ removal of the child from public school, the district informed the parents of its  intent to evaluate the child (with notice including a statement of the purpose of the evaluation that  was appropriate and reasonable), but the parents did not make the child available for the  evaluation, or  

(4) There is a judicial finding that the actions taken by the parents were unreasonable.  

E. The cost of reimbursement may not be reduced or denied if the parent failed to provide the notice as  required in (1) and (2) above as a result of being illiterate and unable to write in English, or because  providing such required notice would likely result in physical or serious emotional harm to the child, or  the school prevented the parent from providing such notice, or the parents had not received  procedural safeguards or otherwise been informed of the notice of the requirement to provide the  information in (1) and (2) above. 

F. The district in which the child and his family live is responsible for assessment for special education  eligibility, regardless of the location of the private school.  

G. If the district of residence offers a free, appropriate public education and the parents reject it and  continue to enroll their child in a private school, the district has fulfilled its responsibilities. H. Upon parent request, the district where the private school is located will develop an Individual Service  Plan according to district guidelines. There are no due process protections to parents in  development of the Individual Service Plan. 

See the SELPA website under Publications/Private School Procedures.  

XV. STUDENTS PLACED IN LICENSED CHILDREN’S INSTITUTIONS (LCI) OR FOSTER HOMES (FFH) 

A. Students placed in a Licensed Children’s Institution (LCI) or Foster Family Home (FFH) shall attend  programs operated by the public schools unless one of the following applies: 

1. The student has an IEP requiring placement in a nonpublic school/agency. 

2. The parent or guardian, or other person holding the right to make educational decisions for the  student determines that it is in the best interest of the student to be placed in another education  program, or to continue in his/her school of origin. 

B. The school district will invite to the IEP team meetings a representative of the group home in those  cases in which a student has been placed in a group home by juvenile court. 

XVI. STATE SPECIAL SCHOOLS 

The State Special Schools provide services to students who are deaf, hard of hearing, blind, visually  impaired, or deaf-blind at each of its three facilities: The California Schools for the Deaf are in Fremont  and Riverside and the California School for the Blind is in Fremont. Residential and day school programs  are offered to students from infancy to age 21 at both State Schools for the Deaf and ages five through 21  at the California School for the Blind. The State Special Schools also offer assessment services and  technical assistance. For more information about the State Special Schools, please visit the California  Department of Education Web site at www.cde.ca.gov/sp/ss/ or ask for more information from the  members of the IEP team. 

XVII. STUDENT DISCIPLINE 

A. SUSPENSION 

1. A special education student may be suspended for any of the acts listed in Calif. Education Code  Section 48900 which occur on the school grounds, on the way to and from school, during lunch  period whether on or off campus, and during or coming from any school-sponsored activity.  Students may only be suspended for a first-time offense from EC Section 48900 (a)-(e), or if the  student’s presence causes a danger to others. Students may not be suspended for first-time  offenses from EC Section 48900 (f)-(r). School administrators must try other means before  suspending.  

2. Suspension may be up to ten cumulative school days in a school year, with no special education  services provided during the suspension.  

• No single suspension may exceed five school days. 

• A portion of a day of suspension counts as one school day. 

• Bus suspensions count as a day of suspension if transportation is specified on the IEP and  alternative transportation is not provided.

• An in-school suspension in which the student is able to progress in the general education  curriculum, receive the services specified on the IEP and participate with peers without  disabilities does not count as a day of suspension. 

3. School personnel determine if there has been a “pattern” to the suspensions. Elements which  are considered in determining whether or not there is a pattern include: 

• Length of each suspension 

• Total amount of time suspended 

• The proximity of the suspensions to each other 

• Whether or not the behavior is substantially similar across incidents. 

4. If the team determines there is not a “pattern,” the student can continue to be suspended up to 20  days in a school year. School personnel, in consultation with the student’s teacher(s) determine  the extent that special education services are needed to enable the student to participate in the  general education curriculum (although in another setting) and progress toward meeting their IEP  goals. 

5. If the team determines there has been a “pattern” to the suspensions, an IEP meeting is held  within 10 school days and a Manifestation Determination Review must be conducted:  • The IEP team determines which special education services are needed for any potential subsequent suspensions. 

• The team reviews all relevant information in the student’s file, including the IEP, any teacher  observations, and any relevant information provided by the parent. 

• The team considers the behavior across settings and time. 

6. The team decides whether or not the behavior is a manifestation of the disability. It considers if: • Services were provided as per IEP 

• The behavior had a direct and substantial relationship to the disability. 

7. If services were not provided as per the IEP, steps must be taken to resolve this before  suspending the student further, and the behavior is considered to be a manifestation of the  disability. 

8. If it was determined that the behavior had a direct and substantial relationship to the  disability, it is considered to be a manifestation of the disability and the student must not be  suspended further. The IEP team may decide to change aspects of the program including the  school placement. 

9. If services were provided as per the IEP and the behavior did not have a direct and substantial  relationship to the disability, the behavior is not considered to be a manifestation of the disability  and the student may continue to be suspended as any other student. 

10. If the behavior is determined to be a manifestation of the disability, a Functional Behavior  Analysis (FBA) of the student’s behavior which led to the suspensions must be conducted, and a  Comprehensive Behavior Intervention Plan (CBIP) or Positive Behavior Intervention Plan (PBIP)  developed. If a behavior support plan already exists, the team should review it and revise as  necessary. If the behavior is determined not to be a manifestation of the disability, a FBA/CBIP PBIP should be considered (or revised). See SELPA website, “SIRAS IEP User’s  Manual/Optional IEP Forms All Meetings/Behavior Intervention Plans” for the FBA, CBIP and  PBIP forms and instructions. 

11. If the parent disagrees with the decision of the IEP team regarding the Manifestation  Determination Review, the parent may initiate a Due Process Hearing. See Section X 

See SELPA website under “Publications/Guidelines for Suspension and Expulsion of Special Education Students” for a handbook on of Suspension and Expulsion of Special Education  Students.”  

B. EXPULSION 

1. There are five violations of California Education Code that result in mandatory recommendation  for expulsion. They are: 

• Possessing, selling or furnishing a firearm 

• Brandishing a knife to another person 

• Unlawfully selling a controlled substance 

• Committing or attempt to commit sexual assault or sexual battery

• Possession of an explosive. 

2. If a special education student is being considered for an expulsion, a Manifestation Determination  Review must be conducted (see XII-A above) as part of an IEP meeting. 

3. Parents must be immediately notified that the purpose of the IEP meeting is to consider expulsion  and must receive a copy of these procedural safeguards. The meeting shall be held at a time  mutually convenient to the parents and school officials, within the period, if any, of the student’s  pre-expulsion suspension. Each parent shall be given 48 hours notice of the meeting. If required  notice has been provided, the meeting may be held without parent participation, unless the parent  requests postponement. A telephone conference call may substitute for a meeting. 

4. A postponement may be for up to three additional school days. If a postponement has been  granted, the district may extend any suspension of a pupil for up to three additional school days.  If a postponement has been granted, the district may extend any suspension of a pupil for the  period of postponement if the pupil continues to pose an immediate threat to the safety of himself,  herself, or others and the district notifies the parent that the suspension will be continued during  postponement. However, the suspension shall not be extended beyond 10 consecutive school  days unless agreed to by the parent, or by a court order, with educational services recommencing  as of the 11th day of any suspension. If a parent who has received proper notice of the meeting  refuses a postponement, the meeting may be conducted without the parent’s participation, if the  required notice of the meeting was provided. 

5. If there is no Behavior Plan in place, the IEP team will conduct a Functional Behavioral  Assessment and develop a Positive Behavior Support Plan or Behavior intervention Plan. 6. If the IEP team determines through the Manifestation Determination that the behavior was NOT a  manifestation of the disability, the team may recommend expulsion. If the team determines that  the behavior WAS a manifestation of the disability, the team shall not recommend expulsion. 7. Special education students may be placed in an Interim Alternative Education Setting (IAES) if  any of the following have occurred at school, on school premises, or at a school function under  the jurisdiction of the district: 

• Carried or possessed a weapon 

• Knowingly possessed or used illegal drugs, or solicited the sale of a controlled substance • Inflicted serious bodily injury upon another person 

8. If none of the above violations occurred, the district may file a request for Due Process Hearing to  ask the Administrative Law Judge (ALJ) to order the placement of the student in an IAES if the  district demonstrates that keeping the student in the current school placement is substantially  likely to result in injury to the student or others. 

9. Placement in an IAES shall not exceed 45 school days, unless parents and district agree to an  extension. If the school year ends before the 45 days are up, placement in the IAES may resume  in the subsequent school year for the remainder of the 45 school days.  

10. An IAES may include home instruction, alternative or nonpublic schools. 

11. The IAES must be planned for and determined by the IEP team. The IAES must enable the  student to participate in the general curriculum, although in anther setting, and continue to receive  those services and supports described in the IEP to meet the IEP goals. It also will include  services and supports to address the behavior so it does not recur. It may not exactly replicate  the programs and services that the student was receiving at the school originally attended. 

12. If the parent disagrees with the decision regarding the IAES, the district may move forward with  placement in the IAES. The IAES becomes the “stay put” placement until the ALJ makes a  decision or until the 45 days expires, whichever comes first. 

13. If the ALJ determines that the removal to the IAES was in violation of the law, or that the behavior  was a manifestation of the disability, the ALJ may order the student be returned to his or her  placement from which he or she was removed. 

14. If a child is placed in an IAES and school personnel propose to change the child’s placement after  expiration of the IAES, during the pendency of any proceeding to challenge the proposed change  in placement, the child shall remain in the placement he or she was in prior to the IAES. 

15. If a student is a foster youth, the Social Worker and attorney representing the student must be  invited to all meetings, including the meeting to extend the suspension, the manifestation  Determination Review and the Expulsion Hearing. The district must provide 10 calendar days  written notice of the Expulsion Hearing to the foster student’s attorney and social worker for one  of the discretionary reasons for expulsion, and may provide notice for mandatory reasons. 

16. If either parents or district file for Due Process Hearing on the issue of the Manifestation  Determination or educational placement of a student who has committed a behavior which is  subject to expulsion or considered to be likely to result in injury to student or others, an Expedited  Due Process Hearing must be conducted within 20 school days of the date in which the complaint  requesting the hearing was filed. The ALJ must make a determination within 10 school days after  the hearing. 

17. Unless the parents and district agree in writing to waive it, a Resolution meeting must be held  within seven days of receiving the Request for Mediation and Due Process Hearing. The Due  Process Hearing will proceed unless the matter has been resolved to the satisfaction of both  parties within 15 days of receipt of the complaint. 

18. If the district initiates expulsion procedures, it shall ensure that the special education and  disciplinary records of the child with a disability are transmitted for consideration by the person or  persons making the final determination regarding the expulsion. 

19. If the school board decides to expel a student with an IEP who has committed an expellable act  which has been determined to be NOT a manifestation of the student’s disability, an IEP meeting  will be held. The IEP team will determine how special education and services specified in the IEP  will continue to be provided in order to enable the student to advance in core curriculum and  achieve the IEP goals. 

20. If a student with a disability is excluded from school bus transportation, and transportation is a  necessary special education service on the IEP, the student is entitled to be provided with an  alternative form of transportation at no cost to the pupil or parent. 

See SELPA website under “Publications/Guidelines for Suspension and Expulsion of Special Education Students” for a handbook on of Suspension and Expulsion of Special Education  Students.” 

C. DISCIPLINE OF STUDENTS NOT YET ELIGIBLE FOR SPECIAL EDUCATION 

1. A student who has not been determined to be eligible for special education and related services  and is subject to a long term removal from school may assert all due process protections included  in the law if the district had knowledge that the student was a child with a disability before the  behavior occurred.  

2. A district shall be deemed to have knowledge that a student is a child with a disability if: • The parent of the child expressed concern in writing to supervisory or administrative  personnel, or the teacher, that the student is in need of special education and related  services, or 

• The parent requested an evaluation, or 

• The teacher or other district personnel expressed specific concerns about a pattern of  behavior in the student directly to the director of special education or other supervisor of the  district. 

3. A district would not be deemed to have knowledge that a student was a child with a disability if: • The parent did not allow an evaluation of the student, or 

• The parent refused services, or  

• The student has been evaluated and determined to not be a child with a disability.

4. If the district does not have knowledge that a student is a child with a disability prior to taking  disciplinary measures against the student, he or she may be subject to the same disciplinary  measures as apply to students without disabilities.  

5. If a parent requests an evaluation of a child during the time period in which disciplinary measures  are being taken, the evaluation shall be conducted in an expedited manner.  

6. If the student is determined to be a child with a disability, taking into consideration information  from the district’s evaluation and information provided by the parents, the district will provide  special education and related services.  

7. Pending the results of the evaluation, the student shall remain in the educational placement  determined by school authorities. 

8. The district has a right to report a crime committed by a child with a disability to appropriate  authorities, and state law enforcement and judicial authorities have the right to exercise their  responsibilities in applying Federal and State law to crimes committed by a child with a disability. 

D. DISCIPLINE OF FORMER SPECIAL EDUCATION STUDENTS - PARENT PERMISSION  REVOKED 

Students who were eligible for special education and related services and for whom parent  permission has been revoked outside of the IEP process shall be subject to the same disciplinary  guidelines as all other students without disabilities in the district. 

Community Advisory Committee (CAC) 

The Community Advisory Committee (CAC) of the Ventura County Special Education Local Plan Area (SELPA) is composed of parents of individuals with disabilities enrolled in public or private schools, parents of other pupils  enrolled in school, students and adults with disabilities, general education teachers, special education teachers  other school personnel and representatives of other public and private agencies and persons concerned with the  needs of individuals with disabilities. The majority of the CAC is composed of parents of students enrolled in  schools in Ventura County SELPA; and a majority of such parents are parents of students with disabilities. 

The CAC accepts as one of its main purposes the maintenance of open and free-flowing communication from  the special education administration to the entire community, as well as directing information from the  community to the administration. A rotation of members of the Operations Cabinet (Directors of Special  Education) serve as liaison for the Operations Cabinet to the CAC, and the SELPA Assistant Superintendent  represents the Superintendents' Policy Council. Recommendations of annual priorities are received and  forwarded by these people. Ongoing input to the Superintendents' Policy Council agenda supports  consideration of all CAC comments. 

A major focus of the CAC is community education directed toward awareness and information about special  education. As a group, and individually in their communities, CAC committee members encourage involvement  in and knowledge of special education as well as the general education of students with disabilities and their  parents. 

Selection of school district representative members of the CAC is the responsibility of each District Administrator  of Special Education, acting for the local Board, and with its approval. Annually staggered two-year terms are  established so that no more than half of the members serve the first year of a term in any one-year. 

CAC meetings are generally held once a month, September-June, and all meetings are open to the public. Free  childcare is provided. For a meeting schedule, please call the SELPA office, or see the website “For Families.” 

The CAC makes many brochures and booklets available free to families of students enrolled in special  education programs in the Ventura County SELPA. All are available on our website at www.vcselpa.org under  the “For Families” tab or may be ordered for free (one per family at no cost) at (805) 437-1560.  

• 90 Ways to Help Students with ADHD - Brochure 

• A Parent Guide to Special Education (English/Spanish) - Booklet 

• A Parent Guide to Transition Planning (English/Spanish) – Brochure 

• A+ Access, Accommodations, Acceptance “A Winning Grade” - Brochure 

• Adult Resources Directory – (English/Spanish) – Booklet  

• Are You Concerned About Your Child? (3-22 years old, English/Spanish) – Brochure 

• Community Resource Directory (Families of Special Education Students) – (English/Spanish) - Booklet • Family Fact Sheet - Sorting through services to help you help your child. . . Regional Center or Schools? –  (English/Spanish) – Brochure 

• Going to College…or Thinking About it? - Booklet 

• Independent Educational Evaluations – (English/Spanish) – Booklet 

• Private School Procedures – (English/Spanish) – Booklet 

• Procedural Safeguards Referral Service – Brochure 

• My Child has Emotional & Behavioral Challenges…How Can I Find Help? – (English/Spanish) – Brochures • My child with special needs is going to middle school. How can we get ready? 

• Sensory Issues and Needs in Young Children Birth-Three (English/Spanish) – Brochures 

• Transitioning to High School – A Guide for Parents of Special Education Students - Brochure

• What is Apraxia of Speech – A Guide for Parents of 3-5 year olds – Brochure 

• What is a SELPA? – (English/Spanish) – Brochure 

For full text of California Education Code related to special education go to http://www.leginfo.ca.gov/cgibin/calawquerycodesection=edc&codebody=&hits=20.  

For full text of Federal Law related to special education got to http://cfr.law.cornell.edu/cfr/cfr.php?title=34&type=chapter&value=3 

TERMS and ACRONYMS THAT YOU MIGHT FIND IN YOUR CHILD’S IEP:

CAA 

California Alternate Assessment. An assessment of common core state standards designed for students in a  functional skills curriculum.

Career Interest tool 

Tool used to gauge career interests that a student may have

CBIP 

Comprehensive Behavior Intervention Plan – A plan which addresses underlying causes of behavior and  specific strategies to address it. Typically based on an FBA.

CCS 

California Children Services - Public agency which provides medical services to eligible children. Website:  http://www.vchca.org/dos/Program.asp?ProgID=62

CCSS 

Common Core State Standards – Nationally and state-adopted curricular standard for all students. 

Certificate of  

Achievement/Completion

For students who do not achieve a regular HS diploma, this document reflects that they participated in the  course of study and/or achieved their IEP and Transition goals.

COE 

County Office of Education – Provides services to students with disabilities according to the Local Plan.

COEDS 

Collaborative Educational Services - Intensive, short-term in-home social/emotional services and supports for  families with students receiving ERSES.

CST 

CA Standards Test - Annual test of achievement in CA. State Curricular Standards given to all school children  in the state, grades 2-11. (Not given after 2014)

DMH 

Department of Mental Health – Public Agency providing counseling and medical services to people with  emotional disturbance and mental illness. http://www.vchca.org/bh/index.htm (Knows as “VCBH” in Ventura  County & “LACMH” in LA County)

DOR 

District of Residence - District where child and family reside

DOS 

District of Service - District providing primary special education services

DR or DOR 

Department of Vocational Rehabilitation. Provides job training and supports to person with qualifying  disabilities. Website: http://www.rehab.cahwnet.gov/ 

DRDP 

Desired Results Developmental Profile - An assessment given to all 3,4 and 5 year old preschoolers twice a  year to gauge developmental progress

EDD 

Employment Development Department - CA agency which assists people to obtain jobs

EL 

English Learner - A child who is learning English

ELA 

English/Language Arts.

ELD 

English Language Development – Strategies to assist English Learners to acquire academic-level English.

Emergency Health Care Plan 

A plan that addresses steps to be taken in case of a medical emergency

EO 

English only - A child who has English as his only language

ERSES 

Educationally Related Social/Emotional Services – Counseling or Social Work services provided by an  Intensive School-Based Therapist.

FBA 

Functional Behavior Assessment – An Assessment that looks at the function of behavior. 

FEP 

Fluent English Proficient - A child with other languages used in the home but who is determined to be proficient  enough in English for participation in school 

HAT 

Hearing Assistive Technology

HS 

Head Start – Services to low income children 3-4 years old. In Ventura County, provided by a non-profit  organization, Child Development Resources. http://www.cdrofvtaco.org/index.htm

ID 

Intellectual Disabilities

IIS 

Intensive Individualized Services – Additional adult support for a student for all or part of the school day. 

ISBT 

Intensive School-Based Therapist – A licensed clinician providing social work or counseling services to special  education students. 

ISG 

Individual & Small Group Instruction – Special education services provide to preschoolers only.

Level of Service 

Level of special transportation service specified on the IEP. 

Level One – closest safe accessible curbside  

Level Two – within 2 blocks of home/service address 

Level Three – within .4 mile of home/service address 

Level Four – within 1 mile of home/service address 

Level Five – closest neighborhood school

LI 

Low Incidence - Disabilities that occur statistically rarely in society including visual, hearing and orthopedic  impairments. Children with these disabilities qualify for a small amount of extra funding to offset costs of their  unique service and equipment needs.

NPA 

Non Public Agency – Agencies certified by the CA Dept. of Education to provide specific special education  services

NPS 

Non Public School - Schools that are certified by the CA Dept. of Education to provide special education  services.

PBIP 

Positive Behavior Intervention Plan – A plan which addresses underlying causes of a behavior and specific  strategies to address it.

Promotion and retention  

standards

Standards for progress in core curriculum set by each district for promotion between certain grade levels.  Consult your district policies.

RC 

Regional Center - Provides supports to people with developmental disabilities of all ages. http://www.tri counties.org/ (Known as “TCRC” in Ventura County & “NLACRH” in LA County)

Related Services 

Specialized Services to assist the student in accessing his/her special education program

RFEP 

Reclassified Fluent English Proficient - A child who was formerly an English Learner, but has met  reclassification guidelines according to district policy

SAI 

Specialized Academic Instruction Adapting the content, methodology or instruction to assist a student with  disabilities to access the core curriculum.

SBAC 

Smarter Balanced Assessment Consortium – Statewide test administered annually to all California school  children, assessing achievement in common core standards. 

SCES 

Special Circumstances Educational Support – Additional support that may be provided to a student based on  assessment and IEP determination.

SDAIE 

Specially Designed Academic Instruction in English – Strategies for assisting English learners in accessing core content presented in English.

SELPA 

Special Education Local Plan Area – Regional consortium of school districts to facilitate the provision of special  education services to all children in the districts within the SELPA

Skills/Aptitude Tools 

Tools to assess the student’s strengths and abilities toward specific jobs/careers

SLD 

Specific Learning Disability. A disability characterized by poor performance in one or more academic areas  due to a psychological processing disorder.

Specialized Physical Health  Care Services Plan

A plan developed by a physician to address the unique health or medical needs of a student

TPP 

Transition Partnership Project – A collaboration between certain school districts and the Dept. of Rehabilitation  to provide career development and transition to adult life services.

Triennial/Reevaluation 

A review of all areas of suspected disability of a student to determine continued eligibility as well as need for  special education and related services and supports.

WRK – WorkAbility Services 

School-based career preparation services.