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6159 BP Board Policy

Individualized Education Program

The Governing Board desires to provide full educational opportunities to all students with exceptional needs. Students with exceptional needs shall receive a free appropriate public education (FAPE) and, to the maximum extent possible, shall be educated in the least restrictive environment with nondisabled students. For each student with exceptional needs, an individualized education program (IEP) shall be developed which identifies the special education instruction and related services to be provided to the student. The Superintendent or designee shall develop administrative regulations regarding the membership of the IEP team, the team's responsibility to develop and regularly review the IEP, the contents of the IEP, and the development, review, and revision processes. The district shall make FAPE available to individuals with disabilities, grades preschool through 8th grade, ages 3-21 who reside in the district, including: (Education Code 56040; 20 USC 1412; 34 CFR 300.17, 300.101, 300.104) - Students who have been suspended or expelled from school - Students who are placed by the district in a nonpublic, nonsectarian school - Individuals age 18-21 years who are incarcerated in an adult correctional facility and were identified as being an individual with disabilities or had an IEP in their prior educational placement

Legal & Management References

State
5 CCR 3021-3029 - Identification, referral and assessment
5 CCR 3040-3043 - Instructional planning and the individualized education program
5 CCR 3051-3053 - Implementation of the individualized education program
5 CCR 853-853.5 - State assessments; accommodations
Ed. Code 46392 - Emergencies
Ed. Code 48853.5 - Students in foster care
Ed. Code 51225.3 - High school graduation requirements
Ed. Code 56040.3 - Availability of assistive technology device
Ed. Code 56040.6 - Deaf and hard of hearing supports
Ed. Code 56043 - Transition plans
Ed. Code 56049.1 - Data related to least restrictive environment
Ed. Code 56055 - Rights of foster parents pertaining to foster youth's education
Ed. Code 56136 - Guidelines for low incidence disabilities areas
Ed. Code 56195.8 - Adoption of policies
Ed. Code 56321 - Notice of parental rights; consent of parents
Ed. Code 56321.5 - Notice to include right to electronically record
Ed. Code 56340.1-56347 - Instructional planning and individualized education program
Ed. Code 56348 - IEP template translations
Ed. Code 56350-56354 - IEP for visually impaired students
Ed. Code 56380 - IEP reviews; notice of right to request
Ed. Code 56390-56392 - Recognition for educational achievement; special education
Ed. Code 56471 - Workability programs
Ed. Code 56500-56509 - Procedural safeguards
Ed. Code 60640-60648.5 - California Assessment of Student Performance and Progress
Ed. Code 60900.1 - English language and special education reporting
Ed. Code 60900.2 - Graduation rates for students with exceptional needs
Fam. Code 6500-6502 - Age of majority
Gov. Code 7572.5 - Seriously emotionally disturbed child; expanded IEP team
W&I Code 300 - Minors subject to jurisdiction
W&I Code 601 - Minors habitually disobedient
W&I Code 602 - Minors violating law; ward of court
Federal
20 USC 1232g - Family Educational Rights and Privacy Act (FERPA) of 1974
20 USC 1400-1482 - Individuals with Disabilities Education Act
34 CFR 300.1-300.818 - Individuals with Disabilities Education Act
Management Resources
Attorney General Opinion - 85 Ops.Cal.Atty.Gen. 157 (2002)
California Department of Education Publications - California Practitioners' Guide for Educating English Learners with Disabilities, July 2019
California Department of Education Publications - Frequently Asked Questions: Promotion, Retention, and Grading (Students with Disabilities)
Court Decision - Marshall v. Monrovia Unified School District (9th Cir. 2010) 327 F.3d 773
Court Decision - Capistrano Unified School District v. S.W. and C.W. (9th Cir. 2021) 21 F.4th 1125
Court Decision - Endrew F. v. Douglas County School District Re-1, 137 S. Ct. 988
Court Decision - Marshall v. Monrovia Unified School District (9th Circuit, 2010) 327 f.3d 773
Court Decision - Sacramento City School District v. Rachel H. (9th Cir. 1994) 14 F.3d 1398
Court Decision - Schaffer v. Weast (2005) 125 S. Ct. 528
Court Decision - Shapiro v. Paradise Valley Unified School District, No. 69 (9th Circuit, 2003) 317 F.3d 1072
U.S. Department of Education Publication - Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973, July 2022
USDOE Ofc of Special Edu, Rehab Svcs & EdTech Pub - Dear Colleague Letter on the Provision of Assistive Technology Devices and Services for Children with Disabilities under the Individuals with Disabilities Education Act, January 22, 2024
Website - U.S. Department of Education, Office of Educational Technology
Website - CSBA District and County Office of Education Legal Services
Website - U.S. Department of Education, Office of Special Education and Rehabilitative Services
Website - California Department of Education

Cross References

5141.31 AR Immunizations
6151 AR Class Size