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
0200 BP Goals For The School District
0450 AR Comprehensive Safety Plan
1312.3 AR Uniform Complaint Procedures
3250 AR Transportation Fees
3555 BP Nutrition Program Compliance
3555-E PDF(1) AR Nutrition Program Compliance
3555-E(1) AR Nutrition Program Compliance
4112.23 AR Special Education Staff
5125 AR Student Records
5126 AR Awards For Achievement
5131.8 BP Mobile Communication Devices
5131.9 BP Academic Honesty
5141.22 AR Infectious Diseases
5141.31 AR Immunizations
5145.6 BP Parent/Guardian Notifications
5145.6-E PDF(1) AR Parent/Guardian Notifications
5148.2 AR Before/After School Programs
5148.3 AR Preschool/Early Childhood Education
6000 BP Concepts And Roles
6142.7 AR Physical Education And Activity
6143 AR Courses Of Study
6151 AR Class Size
6154 BP Homework/Makeup Work
6158 AR Independent Study
6162.5 BP Student Assessment
6162.51 BP State Academic Achievement Tests
6163.2 AR Animals At School
6164.5 AR Student Success Teams
6173 AR Education For Homeless Children
6173-E PDF(1) AR Education For Homeless Children
6173.1 AR Education For Foster Youth
6174 AR Education For English Learners
6177 BP Summer Learning Programs
6184 AR Continuation Education