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Required Components of the Local Plan
Pamela Ptacek Blatt, SELPA Director Napa County SELPA April 2018
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Overview All SELPAs are required to submit a Local Plan to CDE for approval. The purpose of the Local Plan is to assure access to special education and related services for all individuals with exceptional needs residing within the geographic areas served by the plan and to assure compliance with all Federal and State codes and statutes The Local Plan may be for a single district if of sufficient size and scope, include multiple districts, or include multiple districts and the county office of education
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Development of the Local Plan
In developing a Local Plan, each SELPA must: Involve special education teachers, general education teachers, and parents selected by their peers Cooperate with the county office and other school districts in the geographic area in planning its option (single district, multi-district, multi-district including COE) Notify CDE, impacted SELPAs, participating COEs of intent to develop a Local Plan at least one year prior to proposed date of implementation Cooperate with COE to assure that the Local Plan is compatible with other plans within the county
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Approval Process For approval of the developed or amended Local Plan, the SELPA must: Seek approval of the Local Plan from the SELPA governing body; Obtain signatures on SED-LP-1 from the AU and County Office superintendents; Obtain signatures on SED-LP-2 from a CAC chairperson; Submit the Local Plan to each participating LEA for governing board approval (SED-LP-5); and Submit the Local Plan to CDE for final approval.
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Submission to CDE When submitting a new or amended Local Plan to CDE, the following should be included: For Local Plans that are newly developed or significantly amended, a copy of the Local Plan and a completed Elements of the Local Plan (SED-LP-4); For Local Plans with minor amendments, one clean copy of the revised plan and one copy that tracks the revisions;
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Submission to CDE (Cont.)
Certification of Participation, Compatibility, and Compliance Assurances (SED-LP-1); Community Advisory Committee Assurances (SED-LP-2); and Board Minutes from each LEA approving the new or revised Local Plan (SED-LP-5).
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SED-LP-1 Certification of Participation, Compatibility, and Compliance Assurances
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SED-LP-2 Certification of Participation, Compatibility, and Compliance Assurances CAC Certification
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Elements of the Local Plan (Page 1 of 6 pictured)
SED-LP-4 Elements of the Local Plan (Page 1 of 6 pictured)
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Print on LEA Letterhead
SED-LP-5 LEA Assurances (Page 1 of 7 pictured) Print on LEA Letterhead
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Print on LEA Letterhead
SED-LP-5 LEA Assurances (Page 7 of 7 pictured) Print on LEA Letterhead
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How to Access Local Plan Forms
The following forms can be downloaded from the CDE website ( Certification of Participation, Compatibility, and Compliance Assurances (SED-LP-1) Community Advisory Certification (SED-LP-2) Elements of the Local Plan (SED-LP-4) Special Education Local Plan Area Local Agency (LEA) Assurances (SED-LP-5)
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Required Elements of the Plan
Submitted to CDE
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Governance and Administrative Structure
Identification of the governing body (multi-district) or individual responsible for administration (single district) Description of any necessary administrative support Designation of the LEA as the administrative unit (AU) to perform functions such as the receipt and distribution of funds, provision of administrative support including business and personnel services, and provision of office space for the SELPA
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Regionalized Services and Program Specialists
Description of regionalized operations and program specialist services (including 25 assurances required for receiving funds for these services) Description of direct instructional support provided by program specialists specific to: Observation/consultation Program planning/development/evaluation Provision of curricular resources Staff development Assuring that students have a full educational opportunity
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Community Advisory Committee
Verification that a Community Advisory Committee (CAC) has been established Brief description of the role of CAC Evidence that CAC has reviewed the Local Plan prior to submission of the plan or revised plan to LEAs for approval
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Responsibilities of LEAs (Multi-District SELPAs)
Description of the responsibilities of: The COE and the governing board for each LEA in the policymaking process The superintendents of each LEA in the implementation of the Local Plan The special education administrators of each LEA in coordinating the administration of the Local Plan
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Administrative Roles Roles of the administrative unit (AU), the SELPA administrator, and LEA special education administrators in: The hiring, supervision, evaluation and discipline of the SELPA administrator The allocation of funds from the SELPA to the LEAs Operation of special education programs Monitoring of appropriate use of funds Preparation of program and fiscal reports (Include copy of Joint Powers Agreement (JPA) or other agreement, if applicable)
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Annual Budget and Service Plans
The Local Plan should include a section stating that the SELPA will adopt annual budget and service plans following all legal requirements The actual annual service and budget plans are submitted separately from the rest of the Local Plan on an annual basis by June 30 of each year Prior to submission, both plans must be adopted at a public hearing and notice of the hearing must be posted in each school for the budget plan and each district for the service plan at least 15 days prior to the hearing The budget and service plans may be revised during the fiscal year
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Annual Budget Plan Requirements
The Annual Budget Plan (ABP)must include: Administrative costs of the plan Services to students with severe and low incidence disabilities Services to students with non-severe disabilities Supplemental aids and services to meet the individual needs of students placed in general education Regionalized operations/services and direct instructional support by program specialists The use of special education property taxes Form ABP-01 is used to complete the ABP and can be accessed on the CDE website
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Annual Service Plan Requirements
The Annual Service Plan (ASP) must include a description of the: Services to be provided by each LEA Nature or those services Physical location where services will be provided Must demonstrate that all eligible students shall have access to appropriate services as specified in IEP Forms ASP-01a, ASP-01b, and ASP-02a (01-04) are used to complete the ASP. These can be printed from CASEMIS, then reviewed and revised or they can be accessed on the CDE website and completed outside of CASEMIS
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Charter School Application
When considering a request by a charter school to participate as an LEA, the Local Plan must demonstrate that: The request will not be treated differently from a similar request by a school district The charter school will participate in the funding allocation plan the same as other LEAs within the SELPA The charter school will participate in governance of the SELPA in the same manner as other LEAs
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Miscellaneous Required Elements
Description of programs for early childhood special education from 0 through 5 years of age (the Part C, Early Intervention MOU with the Regional Center must be attached) Method by which members of the public may address questions or concerns to the governing body or individual Description of the dispute resolution process Description of the process to oversee and evaluate placements in nonpublic schools
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Miscellaneous Required Elements (continued)
Description of how specialized equipment and services will be distributed Assurance that special education will be provided only after the general education resources have been considered and utilized The procedure to be used for making revisions or amendments to the plan (recommended)
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LEA Assurances FAPE Full Educational Opportunity Child Find
IEP and IFSP LRE Procedural Safeguards Evaluation Confidentiality Part C Transition Private Schools Local Compliance Assurances Interagency Governance Personnel Qualifications
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LEA Assurances (Continued)
Performance Goals and Indicators Participation in Assessments Supplementation of State/Federal Funds MOE Public Participation Suspension/Expulsion Access to Instructional Materials Over-identification and Disproportionality Prohibition of Mandatory Medication Distribution of Funds Data Charter Schools
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Required Elements of the Plan
Kept Locally
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Local Agreements Shall include, but are not limited to:
A coordinated identification, referral, and placement system Procedural safeguards Regionalized services to local programs Description of the process for coordinating services with other local public agencies that are funded to serve students with IEPs
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Local Agreements (Continued)
Description of the process for coordinating services to students with IEPs in hospitals and medical facilities, LCIs/FFHs, juvenile court and county community schools A budget for special education and related services that is maintained by the SELPA and open to the public A description of the method used to distribute state and federal funds to the LEAs (multi-district SELPAs)
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Interagency Agreements
Interagency agreements or other mechanisms for interagency coordination to ensure services required for FAPE are provided. Examples include, but are not limited to: California Children’s Services (MTU) Head Start Regional Center Others as appropriate
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Policies In addition to the federal assurances, each entity providing special education must adopt policies that shall include, but not be limited to: Monitoring of Nonpublic schools Transportation Caseloads Specialized equipment and services Program Transfer Behavioral Intervention Plans
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Legal References E.C. §§ 56195, through , through 56208, , ( The above E.C. §§ further refer to 20 U.S.C. §§ 1400, 1412, 1413, 1414, and 1418 ( State Board Requirement, 2/99
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Revising the Local Plan: Lessons Learned
Susan Bobbitt-Voth, Administrator West End SELPA April 2018
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Local Plan Work Group 20. SELECTION OF REPRESENTATIVES FOR DEVELOPMENT OF THE LOCAL PLAN (Education Code ) The Local Plan is developed and updated cooperatively by a committee of representatives of special and general education teachers and administrators and representatives of charter schools selected by the groups they represent and with participation by the chair of the CAC Local Plan Committee to ensure adequate and effective participation and communication. Teacher participants shall be selected by their peers. General education and special education administrators shall be selected by the representative superintendents. Directors of charter schools shall be requested to select a representative to serve on the Local Plan committee
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Mark Recommended Changes Prior to Work Group Meeting
=Cross-ref =Discuss =Edited abc Changed Example 1. Responsible Local Agency (RLA) The RLA will be one of the participating parties as determined by vote of the Superintendents’ Council. The RLA will receive and distribute Regional Services dollars; employ personnel necessary to staff the WESELPA; and assure compliance with state and federal program mandates through policies and guidelines formed by the Superintendents’ Council. The RLA Superintendent will assure compliance with the Local Plan as submitted to the State Department of Education Sent to T Chatkoo to confirm Confirmed language is OK.
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Summarize the Changes in an “At-a-Glance” Document
Summary of Local Plan Edits 1/21/14 Section/ Page Topic Changes Follow-Up Needed i Cover Formatting, Font, Dates ii List of Member LEAs Name of SELPA Admin None 1 Section I – Certification of Participation, Compatibility, and Compliance Assurances I Certification of Participation None – Required components from CDE 6 SED - LP 1 None-Required CDE form SBCSS Sup’t’s Signature, when approved 7 SED – LP -2 CAC Certification CAC Chair Signature, when approved 8 WESELPA Local Plan Approval Names of District Superintendents Signatures of Sup’ts, when approved 9 List of WESELPA Review Work Group See revisions 10 Chapt. 3 – Elements of the Local Plan Cross-referenced ed code with Local Plan Ensure pages numbers are correct as listed on these pages, when revisions are completed 16-36 Section II – Governance and Administration Work group recommendations - Edits in red, changes with strikethroughs 37-39 Section III – Literacy Policy 40 Section IV – Annual Service Plan 41-42 Section V – Annual Budget Plan 43-50 Appendix A – West End Bylaws Page 46 : 2-F Confirm # of mtgs with Sup’ts Page 50: Coordination Meeting – Confirm with Sup’ts 51-56 Appendix B – Agreement for Participation in West End SELPA 57 Signature Page Name of SBCSS Superintendent Signatures, when approved 58 Appendix C – CAC Bylaws 69-78 Appendix D – Positive Behavioral Intervention Guidelines Will be revised to align with repeal of BIP Mandate Make revisions as indicated 79 Appendix E - Annual Service Plan Grid 81 Appendix F - Part C, Infant to Preschool Transition Interagency Agreement Include updated Interagency Agreement
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Timeline – To Keep Work Group (and SELPA Administrator on Track)
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Track the Changes The CDE requires a copy of the edited version
=Cross-ref =Discuss =Edited abc Changed
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Tracking the Changes – Cont.
=Cross-ref =Discuss =Edited abc Changed
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What to share with Governance Committees, when….
Work Group has begun List of Work Group Members Proposed Timeline 1st Reading Copy of Local Plan with proposed revisions (tracked) Summary of changes 2nd Reading Summary of changes, including those from First Reading Approval Background Document Final Summary of Changes Copy of Local Plan with all edits tracked Final Copy of Local Plan with edits completed
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Include a copy of the Summary of Changes
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Local Plan Approval Superintendents’ Approve as SELPA Local Plan
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Approved Plan – Now What?
The plan, once approved by the districts needs to be: Approved by the Governing Board of each LEA Submitted to the CDE and approved within 1 year of the date of the Council’s approval.
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LEAs – Governing Board Approvals
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Approval of “Interim” Local Plan by Each Participant
Changes or amendments to the permanent portion of the Local Plan, which excludes Appendices only, may be considered during the annual service and budget plan process. The Superintendents’ Council may adopt amendments to the permanent portion of the Local Plan on an interim basis, which is not to exceed one school year. Amendments approved in this manner shall become permanent upon subsequent approval by all local education agencies governing boards and the State Board of Education.
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What if a Board Doesn’t Approve the Plan?
Work with the CDE Excerpts from messages from Alexa Slater, CDE: “The attached pages (Education Code 56195) refer to the governance structure options for. Under this Section, the governing board of a district must elect to participate in one of three SELPA options: Single District, Multi-district, Multi-district joined with the County Office of Education. (See next Slide)
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What if a Board Doesn’t Approve the Plan? Cont.
Standard Practices: Unless an alternate governance structure is specified in the Local Plan (i.e., changes to the local plan are made by district representatives on a governance council), each member district/LEA must approve changes to the permanent portion of the Local Plan. Any participating member district of a SELPA may elect to approve or deny changes to the permanent portion of the local plan, however it is atypical that denial be given without reason or recommendations for improvement. The dispute resolution process, should this step be necessary, is required by Education Code 56205(b)(5) to be delineated in the Local Plan. Denial of a Local Plan amendment does not automatically mean intentions to withdraw from membership in a SELPA. Disputes over changes to the Local Plan should be worked out at the local level, or through the dispute resolution process at the local level. Should a district be considering a change in SELPA governance, however, they must notify the department, impacted SELPAs, and participating County Offices of Education of their intent to elect an alternative option at least one year prior to the proposed effective date of the implementation of the alternative plan.” Source: message from Alexa Slater, 3/17/15
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What if a Board Doesn’t Approve the Plan? Cont.
WESELPA Local Plan, Section II, GOVERNANCE and ADMINISTRATION 13. DISPUTE RESOLUTION (Education Code 56205(b)(5)) In the event of a disagreement among local education agencies, local education agencies and the Responsible Local Agency, local education agencies and/or the Responsible Local Agency and the SELPA regarding the distribution of funding, responsibility for service provision and any other governance activities specified in the Local Plan, it is the intent of the Superintendents’ Council that issues be resolved at the lowest level possible in the governance structure outlined in the Local Plan. The Superintendents’ Council is considered to be the board of last resort. This policy is intended to resolve disagreements within a period of 45 days, but is not intended to undermine local authority. If a local education agency disagrees with a decision or practice of another agency or the SELPA Office, that local education agency has a responsibility to discuss and attempt resolution of the disagreement with the party, or parties, directly involved. The parties involved will present the issues to their respective superintendents, or designees, who will attempt to resolve the matter. Either party may request the direct assistance of the SELPA Administrator, or his/her designee, or Chair of the Superintendents’ Council or the services of a neutral mediator from outside the SELPA. In the event the issue has not been resolved, either party may request review by the Program Advisory Committee or Finance Advisory Committee. If either party disagrees with the recommendation of the Program Advisory Committee or Finance Advisory Committee, either party may request that the issue be placed on the Superintendents’ Council agenda. If this process fails, the parties may pursue a hearing on the issues and resolution with the Superintendents’ Council. The decision of the Superintendents’ Council shall be final.
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What if a Board Doesn’t Approve the Plan? Cont.
Meet with the district(s) and determine the issues Provide additional information Offer to meet with the Governing Board The CDE will not meet with the Governing Board Keep Superintendents’ Council Apprised of your progress Continue to work with the LEA that has not approved the Local Plan Continue your efforts and communication to all stakeholders Keep the CDE informed
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What if a Board Doesn’t Approve the Plan? Cont.
Lessons Learned: An Interim Plan is in effect for 1 year If you don’t have full agreement, the SELPA reverts to the previously approved plan A Local Plan revision is only required by the CDE when legislative or other changes must be added/updated A Local Plan may include outdated information (behavior supports provided by a SELPA including BICM training) Changes may be needed locally, but cannot be finalized until all boards approve the plan
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CDE Approval 9 District Local Plan
CDE Letter of Approval Received
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Post Script The West End SELPA had interim plans in through December 2017 The Ontario Montclair School District provided notice to the West End SELPA and submitted a request to the CDE/SBE Denied by the CDE for lack of size and scope and on July 17, 2016 Approved to be a single district SELPA by the SBE in January 2017, effective July 1, 2017. OMSD is an elementary district The students return to WESELPA in 9th grade Historically, OMSD has provided programs to 7 districts for moderate/severely handicapped students. WESELPA work group made recommendations to governance groups regarding the downsizing of the SELPA (loss of 8 staff) Inter-SELPA MOU and process/procedure developed to continue program options
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For more information… Susan Bobbitt-Voth, Administrator West End SELPA
8265 Aspen Ave., Ste. 200 Rancho Cucamonga, CA 91730 (909) There’s a child in everything we do!
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