Special education timelines wednesday, January 20, 2016 Verenisa Alfaro, LCSW, M. Ed.

Objectives The Special Education Process Step 1: Referral for Assessment Step 2: Assessment Step 3: Development and Implementation of an Individualized Education Program (IEP) Step 4: IEP Review

Who Can Make A Student Referral? Parent Guardian Caregiver/Foster Parent School Personnel School Principal PSA, PSW, Psych., etc. Community Members Licensed Physician A professional staff member of a public agency with responsibility for welfare, health or education of the child Who else can make a referral: Adult 18 years of age or older, or emancipated minor

Two Options to Request An Assessment Option 1: Request for Special Education Assessment Form Option 2: Written request by parent/caregiver that includes student’s information, reason for request and date. Provide written request to school administrator. Assure that school time stamps/date the original written request (obtain a copy for parent’s records).

15 Days for School To Respond to Assessment Request The school administrator/designee and Individualized Education Program (IEP) evaluation team members (as appropriate) must review the following: 1. Student records and academic history; 2. Prior assessments including curriculum based, standardized tests and alternative measures/procedures; 3. Progress in current program (including English Language Development); 4. Progress in meeting content standards; 5. Progress in meeting literacy and mathematic standards; 6. Results of state and district assessments; 7. Results of proficiency examinations; 8. Results of portfolio assessments/student work samples; 9. Types and results of academic and/or behavioral intervention provided; 10. Teacher information/concerns; 11. Parent information/concerns.

15 Days for School To Respond to Assessment Request ASSESSMENT NOT APPROPRIATE ASSESSMENT APPROPRIATEE Parent/ERH will receive a written notice that the request for assessment is not appropriate at the present time. Bulletin 4140 Attachment A Parent may appeal this decision using a dispute resolution Parent/ERH will receive two forms: Special Education Assessment Notification and Special Education Assessment Plan.

If an assessment is not appropriate, parent/ERH will receive this letter

Assessment Is Appropriate Parent (ERH) will receive Special Education Assessment Notification and Special Education Assessment Plan. Before student can be assessed, parent/ERH must consent to the assessment by signing the plan. The school is required to make reasonable efforts to obtain informed consent for an initial evaluation. Parent/ERH have at least fifteen (15) days from the receipt of the Special Education Assessment Plan to consent to the plan by signing it.

Assessment Forms

Signing the Assessment Plan Who Can Sign the Assessment Plan? Parent If parental rights have been limited by court, the court appointed representative Educational Rights Holder All foster youth have an ERH who has been granted education decision making authority for the youth by the court.(Paige ppt) Surrogate Note: If a child is a ward of the State and not residing with the parents, reasonable efforts shall be made to obtain consent. No consent is required if the parent cannot be found, parental rights have been terminated or a Court has appointed an individual with educational authority. In these situations, unless the Court has appointed an individual with educational authority, the District is responsible for assigning a Surrogate Parent (See Appendix A, Guidelines for the IEP Team – Appointment of A Surrogate Parent). Special Education Policies and Procedures Manual July 2007

Timeline: School Receives the Signed Assessment Plan The school has sixty (60) days, not counting school vacations greater than five (5) days, from the receipt of your signed Assessment Plan to complete the assessment and hold an IEP meeting.

Child is Ward of the State If a child is a ward of the State and is not living with his or her parent, the District does not need consent from the parent for an initial evaluation if: Despite reasonable efforts, the District cannot find the child’s parent. The rights of the parent have been terminated in accordance with State law; or A judge has assigned the right to make educational decisions to an individual other than the parent (Above information was obtained from A Parent’s Guide to Special Education Services, Revised February 2014, pp. 3-4)

Protocol For Establishing The ERH Parents are always the first choice in making educational decisions for their children When parent is unavailable the court is to consider a relative or other adult known to the child When the ERH is unknown, call the child’s attorney to verify who has educational rights. If no one is assigned to rights, ask attorney if they can appoint a CASA volunteer The process of appointing a CASA volunteer can be done in one week. The attorney can walk the paperwork to court If no one is available, the court has to refer the case for a District surrogate (this is used as a last resort) (Above information was recieved from Patrick Hirsch, Specialized Resource Attorney Liaison at Children’s Law Center of California)

Where To Find ERH? Minute Order JV 535 Form DCFS Form 1399

10 Day IEP Notification The school will provide a written 10-Day IEP Notification, Notification to Parent/Guardian to Participate in Individualized Education Program Meeting This notice will include: the date time and place of the meeting the reason for the meeting and who will be at the meeting

Parent/ERH May …. Attend, reschedule or consent to proceed with the IEP in their absence Request an interpreter Request copies of assessment reports before the IEP meeting Ask that Independent Education Evaluation (IEE) be considered Sign & return notification form to school School may not conduct IEP meeting without signed written authorization from ERH

Who Attends an IEP Meeting Required Participants Parent/guardian School administrator/designee Special education teacher General education teacher Additional Participants Others with knowledge or special expertise about your child Child, if appropriate Representatives from outside agencies Interpreter, if requested Excusal from IEP team meeting, with parent consent

When Does A Surrogate Parent Need to Be Appointed? The principal or administrative designee is responsible to ensure that a surrogate parent is appointed within 30 days, under one or more of the following circumstances:   A homeless youth not in physical custody of a parent or guardian. The student is adjudicated a dependent or ward of the court. The court has specifically limited the right of the parent or guardian to make educational decisions. (note: for foster youth, the court will appoint an ERH) No parent of the student can be identified. The District, after reasonable efforts, cannot locate a parent. Note: School administrators complete the Request for a Surrogate Parent form and contact the appropriate Special Education Support Unit office for additional procedures regarding the appointment of a Surrogate Parent. The request must be made as soon as the need for one is known in order to maintain IEP timelines. The school will be notified regarding the status of the request within 5 days of the receipt of the request for a surrogate. Special Education Policies and Procedures Manual July 2007

IEP and Foster Parent Home Address The following information was presented on FYAP’s Staff PD October 15, 2015

Foster Parent Home Address and IEP Q : “The biological parent attended the IEP meeting (as they still have education rights) and obtained a copy of the IEP, which had the foster parent’s address. Are we able omit this information? “ A: Yes under W&I 362.1(a)(1)(B) if the court has determined that the foster address remain confidential. No visitation order shall jeopardize the safety of the child. To protect the safety of the child, the court may keep the child's address confidential. Per LAUSD Office of General Counsel

Recommendations In order to prevent these situations from occurring at the school site: Ask the designee IEP staff to print and block-out student’s current foster home address. Then make copies and provide a copy to biological parent. If you have information that limits or restricts biological parent from obtaining child's current foster address, please inform the IEP Team at your school.

FYAP Case: October 2015 An IEP meeting was held for a student and the following people were present: Foster parent, FYAP Counselor, CSW, School Psychologist, School Administrator School Psychologist informed FYAP Counselor that usually it is the foster parent that is present at the IEP meeting. The IEP meeting is conducted without the parent and any paperwork is taken by the CSW to the parent for signature. Question: Can the IEP meeting be held without the parent who still holds educational rights?

Resources for Parents/ERH Division of Special Education, LAUSD http://achieve.lauds.net/sped (213) 241-6701 District’s Complaint Response Unit/Parent Resource Network (CRU/PRN) (800) 933-8133 Community Advisory Committee (CAC)

Bulletins and References BUL- 4140.1 Review and Consideration of Request for Special Education Evaluation September 29, 2010 BUL-5796.1 Summary of Performance Requirement for Students with Disabilities Graduating or Reaching Maximum Age of Attendance February 5, 2013 BUL- 6257.0 High School “A-G” Graduation Requirements and Students with Disabilities May 19, 2014 REF- 6056.0 Issuance of Diplomas or Certificates of Completion for All Eligible Grade 12 Students with Disabilities May 6, 2013 A Parent’s Guide to Special Education Services ( Including Procedural Rights and Safeguards) Revised February 2014 REF-1410.7 Special Education Dispute Resolution- Three Options for Parents Wishing to Initiate a Form of Dispute Resolution Regarding the Proposed Components of an IEP: 1) Informal Dispute Resolution, 2) State Mediation Only, and 3) Formal Due Process Proceedings February 20, 2014

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