6164.4 – Instruction – Individual Services and Diagnostic Counseling – Identification of Individuals for Special education

Policy – x
Regulation –
Exhibit –

Adopted – 3/5/1998
Revised – 1/17/2013
The Governing Board recognizes the need to actively seek out and evaluate residents within the school District who are between the ages of birth and 21 years who have disabilities in order to provide them with appropriate educational opportunities in accordance with state and federal law.

The Superintendent or designee shall develop processes to determine when an individual is eligible for special education services and shall establish systematic procedures for special education program identification, screening, referral, assessment, planning, implementation, review and triennial assessment.

The Superintendent or designee shall develop a method to ensure that all eligible individuals residing within the District are currently receiving needed special education and related services. In addition, the Superintendent or designee shall consult with appropriate representatives of private school students with disabilities on how to identify, locate and evaluate these students.

The Superintendent or designee shall establish a method whereby parents/guardians, teachers, appropriate professionals and others may refer an individual for assessment for special education services. Identification procedures shall be coordinated with school site procedures for referral of students with needs that cannot be met with modifications to the regular instructional program.

For assessment purposes, staff shall use appropriate tests to identify specific information about the individual’s abilities in accordance with Education Code 56320.

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

Legal Reference:

EDUCATION CODE
44265.5 Professional preparation for teachers of impaired students
56000-56885 Special education programs, especially:
56026 Individuals with disabilities
56170-56177 Children in private schools
56195.8 Adoption of policies
56300-56304 Identification of individuals with disabilities
56320-56330 Assessment
56340-56347 Instructional planning and individualized education program
56381 Reassessment of students
56425-56435 Early education for individuals with disabilities
56441.11 Eligibility criteria, children 3 to 5 years old
56445 Transition to grade school; reassessment
56500-56508 Procedural safeguards

GOVERNMENT CODE
95000-95029 California Early Intervention Services Act

CODE OF REGULATIONS, TITLE 5
3021-3029 Identification, referral and assessment
3030-3031 Eligibility criteria

UNITED STATES CODE, TITLE 20
1232g Family Educational Rights and Privacy Act of 1974
1412 State eligibility
1415 Procedural safeguards

CODE OF FEDERAL REGULATIONS, TITLE 34
104.35 Evaluation and placement
104.36 Procedural safeguards
300.1-300.756 Assistance to states for the education of students with disabilities

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

Management Resources:
FEDERAL REGISTER
34 CFR 300.a Appendix A to Part 300 – Questions and Answers
34 CFR 300a1 Attachment 1: Analysis of Comments and Changes
WEB SITES
CDE: http://www.cde.ca.gov
U.S. Department of Education, Office of Special Education Programs:
http://www.ed.gov/offices/OSERS/OSEP
CSBA Date –

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