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Form SED-LP-5 - Data Collection & Reporting (CA Dept of Education)

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Form SED-LP-5 - Data Collection & Reporting (CA Dept of Education)

California Department of Education Special Education Division

    SED-LP-5 Revised 11/2009

    (Please copy on SELPA/District letterhead)

    SPECIAL EDUCATION LOCAL PLAN AREA

    LOCAL EDUCATION AGENCY (LEA) ASSURANCES

    1. FREE APPROPRIATE PUBLIC EDUCATION 20 USC Section (?) 1412 (a)(1)

It shall be the policy of this LEA that a free appropriate public education is available to

    all children residing in the LEA between the ages of three through 21 inclusive, including

    students with disabilities who have been suspended or expelled from school.

    2. FULL EDUCATIONAL OPPORTUNITY 20 USC ? 1412 (a)(2)

It shall be the policy of this LEA that all pupils with disabilities have access to

    educational programs, nonacademic programs, and services available to non-disabled

    pupils.

3. CHILD FIND 20 USC ? 1412 (a)(3)

It shall be the policy of this LEA that all children with disabilities residing in the State,

    including children with disabilities who are homeless or are wards of the State and

    children attending private schools, regardless of the severity of their disabilities, and

    who are in need of special education and related services are identified, located and

    evaluated. A practical method is developed and implemented to determine which

    students with disabilities are currently receiving needed special education and related

    services.

4. INDIVIDUALIZED EDUCATION PROGRAM (IEP) AND INDIVIDUALIZED FAMILY

    SERVICE PLAN (IFSP) 20 USC ? 1412 (a)(4)

It shall be the policy of this LEA that an Individualized Education Program (IEP) or an

    Individualized Family Service Plan (IFSP) is developed, reviewed and revised for each

    child with a disability who requires special education and related services in order to

    benefit from his/her individualized education program. It shall be the policy of this LEA

    that a review of an IEP will be conducted on at least an annual basis to review a

    student’s progress and make appropriate revisions.

California Department of Education Special Education Division

    SED-LP-5 Revised 11/2009

    5. LEAST RESTRICTIVE ENVIRONMENT 20 USC ? 1412 (a)(5)

It shall be the policy of this LEA that to the maximum extent appropriate, children with

    disabilities, including children in public or private institutions or other care facilities, are

    educated with children who are not disabled. Special class, separate schooling, or other

    removal of a student with disabilities from the general educational environment, occurs

    only when the nature or severity of the disability of the student is such that education in

    general classes with the use of supplemental aids and services cannot be achieved

    satisfactorily.

    6. PROCEDURAL SAFEGUARDS 20 USC ? 1412 (a)(6)

It shall be the policy of this LEA that children with disabilities and their parents shall be

    afforded all procedural safeguards throughout the provision of a free appropriate public

    education including the identification, evaluation, and placement process.

7. EVALUATION 20 USC ? 1412 (a)(7)

It shall be the policy of this LEA that a reassessment of a student with a disability shall

    be conducted at least once every three years or more frequently, if appropriate.

8. CONFIDENTIALITY 20 USC ? 1412 (a)(8)

It shall be the policy of this LEA that the confidentiality of personally identifiable data

    information and records maintained by the LEA relating to children with disabilities and

    their parents and families shall be protected pursuant to the Family Educational Rights

    and Privacy Act (FERPA).

9. PART C, TRANSITION 20 USC ? 1412 (a)(9)

It shall be the policy of this LEA that a transition process for a child who is participating

    in Early Intervention Programs (IDEA, Part C) with an IFSP is begun prior to a toddler’s

    third birthday. The transition process shall be smooth, timely and effective for the child

    and family.

    California Department of Education Special Education Division SED-LP-5 Revised 11/2009 10. PRIVATE SCHOOLS 20 USC ? 1412 (a)(10)

It shall be the policy of this LEA to assure that children with disabilities voluntarily

    enrolled by their parents in private schools shall receive appropriate special education

    and related services pursuant to LEA coordinated procedures. The proportionate

    amount of federal funds will be allocated for the purpose of providing special education

    services to children with disabilities voluntarily enrolled in private school by their parents.

11. LOCAL COMPLIANCE ASSURANCES 20 USC ? 1412 (a)(11)

It shall be the policy of this LEA that the local plan shall be adopted by the appropriate

    local board(s) (district/county) and is the basis for the operation and administration of

    special education programs; and that the agency(ies) herein represented will meet all

    applicable requirements of state and federal laws and regulations, including compliance

    with the Individuals with Disabilities Education Act, the Federal Rehabilitation Act of

    1973, Section 504 of Public Law and the provisions of the California Education Code, Part 30.

12. INTERAGENCY 20 USC ? 1412 (a)(12)

It shall be the policy of this LEA that interagency agreements or other mechanisms for

    interagency coordination are in effect to ensure services required for FAPE are provided,

    including the continuation of services during an interagency dispute resolution process.

13. GOVERNANCE 20 USC ? 1412 (a)(13)

It shall be the policy of this LEA to support and comply with the provisions of the

    governance bodies and any necessary administrative support to implement the Local

    Plan. A final determination that an LEA is not eligible for assistance under this part will

    not be made without first affording that LEA with reasonable notice and an opportunity

    for a hearing through the State Educational Agency.

    California Department of Education Special Education Division SED-LP-5 Revised 11/2009 14. PERSONNEL QUALIFICATIONS 20 USC ? 1412 (a)(14)

It shall be the policy of this LEA to ensure that personnel providing special education

    related services meet the highly qualified requirements as defined under federal law,

    including that those personnel have the content knowledge and skills to serve children

    with disabilities.

    This policy shall not be construed to create a right of action on behalf of an individual

    student for the failure of a particular LEA staff person to be highly qualified or to prevent

    a parent from filing a State complaint with the CDE about staff qualifications.

15. PERFORMANCE GOALS & INDICATORS 20 USC ? 1412 (a)(15)

    It shall be the policy of this LEA to comply with the requirements of the performance goals and indicators developed by the CDE and provide data as required by the CDE.

16. PARTICIPATION IN ASSESSMENTS 20 USC ? 1412 (a)(16)

It shall be the policy of this LEA that all students with disabilities shall participate in state

    and district-wide assessment programs. The IEP team determines how a student will

    access assessments with or without accommodations, or access alternate assessments,

    consistent with state standards governing such determinations.

    17. SUPPLEMENTATION OF STATE/FEDERAL FUNDS 20 USC ? 1412 (a)(17)

It shall be the policy of this LEA to provide assurances that funds received from Part B

    of the IDEA will be expended in accordance with the applicable provisions of the IDEA;

    will be used to supplement and not to supplant state, local and other Federal funds

    those funds.

18. MAINTENANCE OF EFFORT 20 USC ? 1412 (a)(18)

It shall be the policy of this LEA that federal funds will not be used to reduce the level of

    local funds and/or combined level of local and state funds expended for the education of

    children with disabilities except as provided in Federal law and regulations.

California Department of Education Special Education Division

    SED-LP-5 Revised 11/2009 19. PUBLIC PARTICIPATION 20 USC ? 1412 (a)(19)

It shall be the policy of this LEA that public hearings, adequate notice of the hearings,

    and an opportunity for comment available to the general public, including individuals

    with disabilities and parents of children with disabilities are held prior to the adoption of

    any policies and/or regulations needed to comply with Part B of the IDEA.

20. RULE OF CONSTRUCTION 20 USC ? 1412 (a)(20)

(Federal requirement for State Education Agency only)

    21. STATE ADVISORY PANEL 20 USC ? 1412 (a)(21)

(Federal requirement for State Education Agency only)

22. SUSPENSION/EXPULSION (20 USC ? 1412 (a)(22))

The LEA assures that data on suspension and expulsion rates will be provided in a

    manner prescribed by the CDE. When indicated by data analysis, the LEA further

    assures that policies, procedures and practices related to the development and

    implementation of the IEPs will be revised.

    23. ACCESS TO INSTRUCTIONAL MATERIALS 20 USC ? 1412 (a)(23)

It shall be the policy of this LEA to provide instructional materials to blind students or

    other students with print disabilities in a timely manner according to the state adopted

    National Instructional Materials Accessibility Standard.

    24. OVERIDENTIFICATION AND DISPROPORTIONALITY 20 USC ? 1412 (a)(24)

It shall be the policy of this LEA to prevent the inappropriate disproportionate

    representation by race and ethnicity of students with disabilities.

    25. PROHIBITION ON MANDATORY MEDICINE 20 USC ? 1412 (a)(25)

It shall be the policy of this LEA to prohibit school personnel from requiring a student to

    obtain a prescription for a substance covered by the Controlled Substances Act as a

    condition of attending school or receiving a special education assessment and/or

    services.

California Department of Education Special Education Division

    SED-LP-5 Revised 11/2009

26. DISTRIBUTION OF FUNDS 20 Usc ? 1411(e),(f)(1-3)

(Federal requirement for State Education Agency only)

27. DATA 20 USC ? 1418 a-d

It shall be the policy of this LEA to provide data or information to the California

    Department of Education that may be required by regulations.

28. READING LITERACY (State Board requirement, 2/99)

It shall be the policy of this LEA that in order to improve the educational results for

    students with disabilities, SELPA Local Plans shall include specific information to

    ensure that all students who require special education will participate in the California

    Reading Initiative.

29. CHARTER SCHOOLS EC 56207.5 (a-c)

It shall be the policy of this LEA that a request by a charter school to participate as a

    local educational agency in a special education local plan area may not be treated

    differently from a similar request made by a school district.

California Department of Education Special Education Division

    SED-LP-5 Revised 11/2009

In accordance with Federal and State laws and regulations,

    ______________________________________________________________________

    (insert SELPA/District name) certifies that this plan has been adopted by the appropriate local board(s)

    (district/county) and is the basis for the operation and administration of special

    education programs; and that the agency herein represented will meet all applicable

    requirements of state and federal laws, regulations and state policies and procedures,

    including compliance with the Individuals with Disabilities Education Act, 20 USC 1400

    et.seq, and implementing regulations under 34 CFR, Parts 300 and 303, 29 USC 794,

    705 (20), 794- 794b, the Federal Rehabilitation Act of 1973, as amended, and the

    provisions of the California Education Code, Part 30 and Chapter 3, Division 1 of Title V of the California Code of Regulations.

Be it further resolved, the LEA superintendent shall administer the local implementation

    of procedures, in accordance with state and federal laws, rules, and regulations, which

    will ensure full compliance.

Furthermore, the LEA superintendent ensures that policies and procedures covered by

    this assurance statement are on file at the Local Education Agency and the SELPA

    office.

Adopted this _______ day of ______________, 20_____.

    Yeas: ____________ Nays: ___________

    Signed: _______________________________________________________________

    Title: _________________________________________________________________,

    Superintendent, Secretary to the Board of Education (or use appropriate titles)

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