Special Education

 

Districts are required to identify, locate, and evaluate all children birth to age 22 who may have a disabling condition who reside within or attend any educational facility within the district, regardless of the severity of their disabilities.

The Individuals with Disabilities Education Act (IDEA) requires districts to identify and evaluate all children from birth to age 21 with disabilities, regardless of the severity of the disabling conditions. This obligation to identify all children who may need special education and related services exists even if the school is not providing those services to the child.

The Child Find mandate applies to all children who reside within a State, including children who attend private and public schools, highly mobile children, migrant children, homeless children, and children who are wards of the state. (20 U.S.C. 1412(a)(3)).

Recommendations to fulfill the Child Find mandate include:

1. Provide professional development annually to all staff;

2. Annual SELPA meeting with private schools:

3. Engage in public/parent awareness activities;

4. Conduct school wide screenings;

5. Ensure appropriate and timely referrals for evaluation;

6. Maintain and report accurate data, and use it to inform training needs;

7. Coordinate with other agencies;

8. Door-to-door surveys;

9. Brochure mailings;

10. Public education programs and other public meetings;

11. Physician referrals;

12. Surveys of private school personnel;

13. Maintain, and update at least annually, a list of primary referral sources including:

    1. Physicians, hospitals, and other health providers;

    2. Day care centers, child care centers, and early childhood programs;

    3. District departments and agencies;

    4. Community and civic organizations; and

    5. Advocacy organizations. 

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https://www.wrightslaw.com/info/child.find.index.htm

osse.dc.gov/sites/default/files/dc/sites/osse/page_content/attachments/OSSE%20LEA%20Child%20Find%20Turnkey%20Training%20Presentation.pdf

 

300.8 Child with a disability.

(a) General.

(1) Child with a disability means a child evaluated in accordance with §§300.304 through 300.311 as having an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disturbance (referred to in this part as “emotional disturbance”), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.

(2)

(i) Subject to paragraph (a)(2)(ii) of this section, if it is determined, through an appropriate evaluation under §§300.304 through 300.311, that a child has one of the disabilities identified in paragraph (a)(1) of this section, but only needs a related service and not special education, the child is not a child with a disability under this part.

(ii) If, consistent with §300.39(a)(2), the related service required by the child is considered special education rather than a related service under State standards, the child would be determined to be a child with a disability under paragraph (a)(1) of this section.

(b) Children aged three through nine experiencing developmental delays. Child with a disability for children aged three through nine (or any subset of that age range, including ages three through five), may, subject to the conditions described in §300.111(b), include a child—

(1) Who is experiencing developmental delays, as defined by the State and as measured by appropriate diagnostic instruments and procedures, in one or more of the following areas: Physical development, cognitive development, communication development, social or emotional development, or adaptive development; and

(2) Who, by reason thereof, needs special education and related services.

(c) Definitions of disability terms. The terms used in this definition of a child with a disability are defined as follows:

(1)

(i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, that adversely affects a child’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.

(ii) Autism does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in paragraph (c)(4) of this section.

(iii) A child who manifests the characteristics of autism after age three could be identified as having autism if the criteria in paragraph (c)(1)(i) of this section are satisfied.

(2) Deaf-blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.

(3) Deafness means a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child’s educational performance.

(4)

(i) Emotional disturbance means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child’s educational performance:

(A) An inability to learn that cannot be explained by intellectual, sensory, or health factors.

(B) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.

(C) Inappropriate types of behavior or feelings under normal circumstances.

(D) A general pervasive mood of unhappiness or depression.

(E) A tendency to develop physical symptoms or fears associated with personal or school problems.

(ii) Emotional disturbance includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance under paragraph (c)(4)(i) of this section.

(5) Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects a child’s educational performance but that is not included under the definition of deafness in this section.

(6) Intellectual disability means significantly subaverage general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child’s educational performance. The term “intellectual disability” was formerly termed “mental retardation.”

(7) Multiple disabilities means concomitant impairments (such as intellectual disability-blindness or intellectual disability-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities does not include deaf-blindness.

(8) Orthopedic impairment means a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).

(9) Other health impairment means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that—

(i) Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and

(ii) Adversely affects a child’s educational performance.

(10) Specific learning disability—

(i) General. Specific learning disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia.

(ii) Disorders not included. Specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of intellectual disability, of emotional disturbance, or of environmental, cultural, or economic disadvantage.

(11) Speech or language impairment means a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child’s educational performance.

(12) Traumatic brain injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.

(13) Visual impairment including blindness means an impairment in vision that, even with correction, adversely affects a child’s educational performance. The term includes both partial sight and blindness.

[71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61306, Oct. 30, 2007; 82 FR 31912, July 11, 2017]

https://sites.ed.gov/idea/regs/b/a/300.8

A student with an IEP is typically made eligible due to regression/recoupment data.

ESY

Students with disabling conditions have the right to an education that is aligned with their needs and at public expense.

Free appropriate public education (FAPE) means special education and related services that are provided at public expense, under public supervision and direction, and without charge; meet the standards of the California Department of Education, including the requirements of 34 CFR 300.1-300.818; include an appropriate preschool, elementary school, or secondary school education for individuals between the ages of 3 and 21; and are provided in conformity with an individualized education program (IEP) that meets the requirements of 34 CFR 300.320-300.324.  (Education Code 56040; 34 CFR 300.17, 300.101, 300.104)
 

 

 

Least restrictive environment means that, to the maximum extent appropriate, students with disabilities, including individuals in public or private institutions or other care facilities, be educated with individuals who are nondisabled, including the provision of nonacademic and extracurricular services and activities.  Special classes, separate schooling, or other removal of students with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in the regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.  (Education Code 56040.1; 34 CFR 300.107, 300.114, 300.117)
 

 

• Procedural Safeguards with Summary - English 2022
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• Procedural Safeguards with Summary - Farsi
• Procedural Safeguards - French
• Procedural Safeguards - Gujarati - contains reference to Santa Clara COE SELPA
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• Procedural Safeguards - Italian
• Procedural Safeguards with Summary - Japanese
• Procedural Safeguards - Kannada - contains reference to Santa Clara COE SELPA
• Procedural Safeguards - Khmer - contains reference to Santa Clara COE SELPA
• Procedural Safeguards - Korean - contains reference to Santa Clara COE SELPA
• Procedural Safeguards - Marathi - contains reference to Santa Clara COE SELPA
• Procedural Safeguards - Mongolian
• Procedural Safeguards - Polish
• Procedural Safeguards with Summary - Portuguese
• Procedural Safeguards - Punjabi - contains reference to Santa Clara COE SELPA
• Procedural Safeguards - Russian
• Procedural Safeguards - Samoan
• Procedural Safeguards - Somali - contains reference to Santa Clara COE SELPA
• Procedural Safeguards with Summary - Spanish 2022
• Procedural Safeguards with Summary - Tagalog 2022
• Procedural Safeguards - Tamil - contains reference to Santa Clara COE SELPA
• Procedural Safeguards - Telugu - contains reference to Santa Clara COE SELPA
• Procedural Safeguards - Thai - contains reference to Santa Clara COE SELPA
• Procedural Safeguards with Summary - Tigrinya
• Procedural Safeguards - Turkish - contains reference to Santa Clara COE SELPA
• Procedural Safeguards and Summary - Vietnamese 2022
• Procedural Safeguards - Urdu - contains reference to Santa Clara COE SELPA

 

Developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education. Includes transportation.

 

Related services are developmental, corrective, and other supportive services that are required to assist a child with a disability to benefit from and access learning and special education goals.

 

Examples Include:

1. Transportation;

2. Speech-language pathology;

3. Audiology services;

4. Interpreting services;

5. Psychological services;

6. Physical and occupational therapy;

7. Recreation, including therapeutic recreation;

8. Early identification and assessment of disabilities in children;

9. Counseling services, including rehabilitation counseling;

10. Orientation and mobility services;

11. Medical services for diagnostic or evaluation purposes;

12. School health services and school nurse services;

13. Social work services in schools;

14. Parent counseling and training.

 

https://sites.ed.gov/idea/regs/b/a/300.34

 

In 1977, all California school districts formed consortiums in geographical regions of sufficient size and scope to provide for all special education service needs of children residing within the region boundaries. Each region, called Special Education Local Plan Area (SELPA), developed a local plan describing how it would provide special education services. The North Region SELPA consists of five districts - Albany, Alameda, Berkeley, Emeryville, and Piedmont Unified School Districts.

 The SELPA coordinates with member school districts to provide a continuum of programs and services for individuals with disabilities, from birth through 22 years of age. The SELPA is also available as a resource to the community on issues related to special education. The North Region SELPA consists of five districts - Albany, Alameda, Berkeley, Emeryville, and Piedmont Unified School Districts.

https://www.northregionselpa.org/

Regional Special Education Supports (SELPA) The Individuals with Disabilities Education Act 20 United States Code (20 USC) Section 1400 et seq., and related federal regulations, require a continuum of regional program options to meet students with disabilities needs for special education and related services.  The California Department of Education (CDE) established guidelines for the coordinated development and submission of Local Plan components that ensure this continuum of program options. SELPAs ensure access to special education and services for all students with disabilities residing within the geographic areas served by each Local Plan.  The Piedmont Unified School District is a member of the North Region SELPA and below are the SELPA’s Local Plan documents.

Procedural Safeguards - Summarized by North Region SELPA Notice of Procedural Safeguards and language translations  can be found using this link.

Community Advisory Committee (North Region SELPA)