Procedural Guide

• Conducting a manifestation determination.
• Considering a non-public school (NPS), day treatment, or residential facility.
• Support is needed to come to a resolution on any component of the IEP.
• Requested by an IEP team member (parent or LEA/district).
• The LEA/district or parent requests a facilitated IEP meeting.
• There has been a request for records from the parents and/or an attorney.
• There is an attorney or advocate involved with the case.
• The parent has filed a request for a due process hearing or mediation only.
• The parent has filed a California Department of Education (CDE) or Office of Civil Rights (OCR) complaint.
• The parent would benefit from or requests outside guidance in understanding legal elements and/or processes around special education.
• Support is required following an IEE request.
• Any time more information is needed and/or provide additional consultation on policy and procedures for special education.

• Developmental/medical history
• Attendance/school enrollment history
• Review of current hearing and vision results. vision, hearing
• Social-Emotional skills
• Behavior
• Academics:
  • Current academic performance, results of past interventions, results of current interventions.
  • Current or past services provided by LEA/district and/or private provider.

• What is a Student Study Team (SST)? 
• Who Participates on the SST Team 
• SST Referral
• SST Flowchart
• Insufficient Student Progress
• Legal Requirements
• Parent/Guardian Referral for Special Education Assessment
• Special Considerations for English Learners
• Helpful Suggestions for Effective SST Meetings
• Sample SST Interventions
• Commonly Asked Questions

• The use of a child find letter (i.e. “Child Find Sample Letter” in Spanish and English, located in the SEIS Document Library under Child Find) to parents1 or the responsible party of a child who may need special education or related services, in their primary language. 
• Inclusion of targeted questions regarding areas of need and/or previous Special Education services in enrollment packets. 

• Carefully screening files and enrollment documentation of all students transferring into the LEA/district to identify students who may have been receiving special services in their prior LEA/district. 
• Complete a California Longitudinal Pupil Achievement Data System (CALPADS) record search for all students transferring into the LEA/district, looking for reported Special Education data to identify students who may be eligible for special education. Please refer to the Monitoring 16.7 and 16.8 Overview guidance documents (located in the SEIS Document Library under Child Find) for further detail on this process. 
• Providing information in languages spoken in the community to parents that explains the LEA’s/district’s special services and whom to contact if they suspect their student may have a disability. 
• Utilizing a clear referral system (i.e. Student Study Team process. Please refer to the EDCOE Charter SELPA’s Student Study Teams (SST) Handbook for more information). 
• Providing annual in-service activities to assist all staff in making appropriate referrals and on the Child Find process and obligation. Consider using the “Referral for Special Education and Related Services” form located in the SEIS Document Library under Child Find. 

• Screening all students entering kindergarten to identify students with suspected disabilities. 
• Review of files for all students with a health plan to screen for suspected disabilities. 
• Publication of a child find notice in the LEA/district newsletter or website. This notice may also be included in the enrollment packet and sent home annually to parents. 
• Creation of a poster or other document for display in the main office (and other prominent areas) which includes whom to contact if there is a student suspected to be eligible under IDEA. 

Useful Links:

• The holder(s) of educational rights (e.g., biological parent, adoptive parent, other individuals identified through court order) 

• Student Study Team/Student Intervention Team (SST)  
• School staff 
• Student (may self-refer) 
• Community agency 
• Court officers 

• Any individual with knowledge of a child who may have a disability or may need related services 

1. It is recommended to document the information received as part of the referral and any correspondence to assist with determining the appropriateness of the request. Under C. R. Sec. 3021(a), there is no specific language requirement for a request to be valid, however, it should be in writing.  In the event the parent makes a verbal request for assessment, the LEA/district shall assist in putting their request in writing (see sample parent request for assessment, located on page 9 of the El Dorado SELPA’s Parent Handbook). In the event a referral is made on behalf of the student, it is recommended that the LEA/district confirm the referral request with the holder of educational rights.
2. Once the written request has been received by the LEA/district the process below should be followed:
   • If the referral is received and the LEA decides to proceed with the assessment, the LEA/district personnel will:
     • Notify the holder of education rights that a referral was made
     • Input the student’s information into SEIS
     • Develop an “Assessment Plan” (located in the SEIS Document Library)
     • Deliver the completed assessment plan, Prior Written Notice (PWN), and a copy of Procedural Safeguards to the holder of educational rights within 15 calendar days from receipt of the referral.

• • • If the referral is received and it is determined that additional information is needed before proceeding with the development of an assessment plan, a meeting (such as an SST) should be convened with the holder of education rights and the referring party (if not referred by the holder of educational rights) to explore educational concerns as well as relevant background and health information.
      • As a reminder, a final determination regarding the request for assessment and subsequent PWN, copy of procedural safeguards, and assessment plan (if applicable) must still be provided to the holder of educational rights within 15 calendar days. Therefore, it is highly recommended that a meeting convened to discuss the assessment referral be scheduled immediately upon receiving the request to adhere to the 15-calendar day requirement.
    • After a careful review of student data, if it is determined that the student is receiving a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) and further assessment is not warranted, the LEA/district must notify the holder of education rights within 15 days with a “Notice of District Refusal” PWN (located in the SEIS Document Library) outlining why the requested assessment will not be initiated. The LEA/district shall include data in the PWN which illustrates that the student is not suspected to be eligible for special education services under any of the 13 eligibility categories of the IDEA. If the LEA/district determines further assessment is not warranted, it is strongly encouraged that the LEA/district consult with their LEA’s assigned SELPA Program Specialist before sending the “Notice of District Refusal” PWN. 

Procedural Safeguards

• Upon initial referral or parental request for evaluation. 
• When sending out an Assessment Plan and/or Prior Written Notice. 
• Upon receipt of the first state complaint in the school year. 
• Upon receipt of the first due process complaint in the school year. 
• In accordance with disciplinary procedures. 

• Upon parental request. 

• Written in a language understandable to the general public; and 
• Provided in the native language of the parent or in another mode of communication that is used by the parent, unless it is clearly not feasible to do so. [34 CFR §300.504(d)]

• The notice is translated orally or by other means to the parent in his or her native language or other mode of communication; 
• The parent understands the content of the notice; and 
• There is written evidence that these requirements have been met. 34 CFR §300.503(c)] 

What is prior written notice? 

Prior written notice is a legal requirement per the Individuals with Disabilities Education Act (IDEA) and a protection afforded to parent(s)1 per their Procedural Safeguards. IDEA includes prior written notice as a measure to ensure that parent(s) have adequate notification and understanding of special education decisions made about their student, including elements of a Free Appropriate Public Education (FAPE). 

A Prior Written Notice letter should provide comprehensive documentation of all actions proposed and/or refused by a Local Education Agency (LEA)/District. The information included should be sufficient to ensure that parent(s) understand the rationale by which decisions were made, and all things that were considered. Providing prior written notice affords parent(s) an additional opportunity to consider and/or object to decisions that were made prior to implementation by an LEA/district. 

Under what circumstances is prior written notice required? 

A Prior Written Notice letter is a document that is required following the proposal and/or refusal related to the initiation or change in the identification, evaluation, educational placement, or offer of FAPE (34 CFR §500.503). 

An Individualized Education Program (IEP) team may make decisions regarding the identification of a student including, but not limited to: 

• Determination of initial identification (eligibility) for special education 
• Refusal to identify a student as eligible 
• Changing the identification of a student (eligibility category) 
• Termination of identification (student no longer found eligible) 

An IEP team may make decisions regarding the evaluation of a student including, but not limited to: 

• Requesting consent for initial evaluation 
• Requesting consent for reevaluation 
• Refusal to conduct an evaluation requested by parent(s)/guardian(s) 
• Proposal or refusal to provide a requested independent educational evaluation (IEE) 

An IEP team may make decisions regarding the placement of a student including, but not limited to: 

• Offering initial placement 
• Proposing a change in educational placement 
• Refusal to change placement as requested by parent(s)/guardian(s) 
• Termination of special education placement due to a student being found no longer eligible 

• Proposal or refusal to offer placement to parent(s)/guardian(s)who has unilaterally placed a student with an IEP in a residential facility or nonpublic school 

Graduation with a regular high school diploma is also considered a change of placement, though not through an IEP team decision, thus requiring the provision of prior written notice (EDC §56500.5). Additionally, any disciplinary removal of more than 10 consecutive days or a series of removals accumulating more than 10 days is considered a change of placement, triggering the prior written notice requirement (34 CFR §300.530(h)). 

An IEP team may make decisions regarding the provision of FAPE to a student including, but not limited to: 

• Changes in IEP services, including addition, deletion, change in minutes, frequency, location, or refusal to change a service 
• Changes in accommodations/modifications or refusal to change per parent/ guardian request 
• Change(s) in annual goals or refusal to change goals per parent/ guardian request 
• Changes in how a student will participate in statewide and districtwide assessments 
• Refusal to provide a specific instructional methodology requested by a parent/ guardian 

Any changes made to FAPE in an IEP or through the amendment process also generate the requirement to provide prior written notice. 

Parent(s) may submit a letter revoking consent for special education services when they no longer wish for their student to receive special education services or be considered a student with a disability. The LEA/district must terminate the provision of special education services upon receipt of a revocation of consent, thus generating the requirement to provide prior written notice (EDC §56346(d)). When the LEA/district receives revocation of consent from the parent(s), they may not be required to attend any additional meetings, and are not required to provide an explanation for their request. The U.S. Department of Education requires that the LEA/district “promptly” respond to parent(s) written revocation letter with prior written notice (34 CFR §300.503). Prior written notice must be provided prior to ending any services, and allow parent(s) the opportunity to consider the change(s) that will result from revoking consent. For further information on revocation of consent, see the “Parental Consent and Parental Revocation of Consent” section of this Procedural Guide. 

What are the required elements of a Prior Written Notice? 

To be considered compliant, a Prior Written Notice must include seven required elements (34 CFR §300.503), including: 

1. A description of the action proposed or refused by the LEA/district;
2. An explanation of why the LEA/district proposes or refuses to take the action;
3. A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;
4. A statement that the parent(s) of a student with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;
5. Sources for parent(s) to contact to obtain assistance in understanding the provisions of this part;
6. A description of other options considered by the IEP Team and the reason why those options were rejected; and
7. A description of the factors that are relevant to the LEA’s/district’s proposal or refusal. 

In addition to including these elements, the Prior Written Notice letter must be provided in a language that is understandable to parents and the general public and should be provided in the native language or another mode of communication of the parent unless it is not feasible to do so. To ensure that the Prior Written Notice letter is understandable, it is recommended that it be written without the use of acronyms or abbreviations. It should serve as a stand-alone document that can be understood by a person who does not have other reports and/or IEP documents to which they may refer. Phrases such as “N/A” and “see above” should be avoided. 

How soon after educational decisions should prior written notice be provided? 

Though there are not any specific timelines around when to provide prior written notice, it must be provided “within a reasonable timeline prior to action” (34 CFR 300.503(a)). This means prior written notice must be given to parents in a reasonable time before the LEA/district implements that action, but after the LEA’s/district’s decision on the proposal or refusal has been made. It is recommended that the LEA/district use their best judgement when considering the timeline for providing a Prior Written Notice letter. It should be provided after the meeting but soon enough so that a parent has time to review and provide a response prior to the change in the IEP taking place. 

How should prior written notice be formatted? 

Neither federal nor state special education regulations specify the format in which a Prior Written Notice letter must be provided. Permissible formats include a formal letter on letterhead, the use of fill-in-the-blank forms (located in the SEIS document library), and the use of the IEP form in the SEIS tower of forms. It is recommended that LEAs/districts exercise caution when considering the use of the IEP document itself to provide prior written notice. It is not generally the case that an IEP document contains the seven elements that are required for prior written notice to be considered compliant. If the LEA/district is not confident that all the required elements for prior written notice exist in the IEP document, it is strongly recommended that a separate Prior Written Notice letter be provided along with a copy of the IEP. 

How should the LEA/district document that prior written notice has been provided? 

IDEA does not require that a parent acknowledge receipt of a Prior Written Notice letter. Since the LEA/district will not receive copies of a Prior Written Notice letter with parent signatures or other confirmations of receipt, it is recommended that the LEA/district develops a system and record-keeping mechanism to document that the Prior Written Notice letters have been provided. 

1 The term “parent” refers to a natural parent, adopted parent, or legal guardian (EDC §49061). Any rights afforded to the parent are transferred to the adult student when they reach the age of majority (age 18), except in cases when a student with a disability has been deemed unable to make their own educational decisions under California Law. Therefore, references to the parent may also include adult students. 

GENERAL TIMELINES

Recommended Links:

Special Education Timelines in California — Fagen Friedman & Fulfrost LLP

• When a parent1 requests assessment 
• To initiate an assessment for an initial evaluation  
• To initiate an assessment for a triennial evaluation (e.g., in preparation for an eligibility determination meeting)  
• If a student is suspected as having an area of need that is not identified in the current IEP (including but not limited to behavior, social-emotional, and/or speech-language) 
• If a student is suspected of having an additional disability that is not identified in the current IEP 

• Be individualized to reflect the concerns identified through the referral process 
• Be provided in the primary language of the parent(s) (EDC §56321(b)(2)) or another mode of communication used by the parent(s), unless doing so is not feasible.  
• Explain the types of assessments to be conducted and the professional personnel who is responsible for the administration and interpretation of the assessment (EDC §56321(b)(3)). The El Dorado SELPAs recommends that assessors be listed by titles rather than by their names. 
• Address all areas of suspected disability.  

• State that no educational placement will result from the assessment without the consent of the parent(s) (EDC §56321(b)(4)).  

1. Health and developmental history 
2. Vision, including low vision, and hearing (must be completed within the past year and before conducting assessments) 
3. Motor Abilities 
4. Speech and language functioning  
5. General intelligence or cognitive abilities* 
6. Processing skills  
7. Academic achievement  
8. Adaptive skills  
9. Orientation and mobility skills 
10. Career and vocational interests (transition planning) 
11. Social, emotional, and/or behavioral functioning  
12. Any other area of suspected disability 

1. A copy of the Notice of Procedural Safeguards 

1. A Prior Written Notice (PWN) 

• Initial Evaluation Referral: The AP will be developed and sent to the parent(s) for review within 15 calendar days from the receipt of the referral. Once consent is received, the assessment team has 60 days to conduct assessments and hold an IEP meeting to determine initial eligibility for services EDC §56043(c).  
• Triennial Evaluation: The AP will be developed and sent to the parent(s) for review, giving the evaluation team enough time to complete the assessment before the triennial due date. The IEP team has 60 days to conduct assessments and hold an IEP meeting to determine if the student continues to qualify for special education services.  
• It should be noted that the triennial IEP due date, as listed in the “Information/Eligibility” section of the current IEP, is the date on which the IEP must be held, regardless of the 60-day assessment plan timeline. If the 60-day timeline generated from the AP results in a date before the triennial due date, then the team must convene by the 60-day timeline’s established date.  
• Transition Evaluation: The AP will be developed and sent to the parent for review, giving enough time to complete and review the transition assessments and hold the IEP before the student’s 16th birthday (EDC § 50643((g)(1)).   
• Other Requests for Evaluation: Upon request for assessment by the parent or other interested parties, the AP will be developed and sent to the parent(s) for review within 15 days of the receipt of the referral.  

1. Address all areas of suspected disability.
2. Be sufficiently comprehensive to identify the student’s special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified (34 CFR §300.304).
3. Be conducted by a multidisciplinary team, including input from the parent1.
4. Include, if appropriate: 

• • • Health and developmental history 
    • Vision, including low vision, and hearing (unless completed within the past year) 
    • Motor abilities 
    • Speech and language function 
    • General intelligence or cognitive level 

• • • Processing skills 
    • Academic achievement 
    • Adaptive skills 
    • Orientation and mobility skills 
    • Career and vocational interests (transition planning) 

• • • Social, emotional, and behavioral functioning  
      • Educationally Related Mental Health Services (ERMHS) assessment      
      • Functional Behavioral Assessment (FBA) 

• • • Any other area of educationally related suspected disability (EDC §56320) 

• All students being assessed for initial and three-year reviews shall be screened in the areas of hearing and vision, unless parent consent is denied (CCR Title 5 §3027).  

• All students continuing to fail a threshold hearing test shall be assessed by appropriately trained personnel for hearing, such as an audiologist (CCR Title 5 §3028). This is the responsibility of the LEA/district and access to these services shall be provided by the LEA/district.  

• For students with residual vision, a low vision assessment shall be conducted by a specialist. 

• For students who have been medically diagnosed with a chronic illness or acute health problem, relevant information shall be included within the assessment and reviewed by the IEP team (CCR Title 5 §3021.1). 

• Are selected and administered so as not to be racially, culturally, or sexually discriminatory (EDC §56320(a)). 

• Are provided and administered in the student’s native language or other mode of communication, unless the Assessment Plan indicates reasons why such provision and administration are clearly not feasible (EDC §56320(a)).  
• Are used for purposes for which the assessments or measures are valid and reliable. 
• Are administered by trained personnel in conformance with the instructions provided by the producer of such tests and other assessment materials (EDC §56320(b)).  
• Are tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient (EDC §56320(b)).   
• Best ensure that when an assessment is administered to a student with impaired sensory, manual, or speaking skills, the test produces results that accurately reflect the student’s aptitude, achievement level, or any other factors the test purports to measure, rather than the student’s impaired sensory, manual, or speaking skills (unless those skills are the factors the test purports to measure) (EDC §56320(d)).  

• Materials and procedures used to assess a student with limited English proficiency are selected to ensure that they measure the extent to which the student has a disability and needs special education services, rather than measuring the student’s English proficiency. 

• Whether the student may need special education and related services and the basis for making that determination; 
• The relevant behavior noted during the observation of the student in an appropriate setting and the relationship of that behavior to the student’s academic and social functioning; 
• Summarize relevant background information (including the educationally relevant health and development and medical findings, if any); 
• Make a determination concerning the effects of environmental, cultural, or economic disadvantage, where appropriate; 
• Assessment in all areas of suspected disability; 
• Be understandable;
• List tests conducted; 
• State areas of educational need/interventions previously attempted and their results; 
• Include interviews and/ or questionnaires; 
• Include assessment results and conclusions; 

• Make recommendations for teaching strategies and additional assessment if necessary; 
• Include a statement on whether the student appears to meet eligibility criteria, with specific criteria stated (it may be relevant to not only determine eligibility but also to rule out other areas of suspected disability). 
• For additional guidance on the development of assessment reports, please refer to the EDCOE SELPAs assessment report templates available in the SEIS document library. 

• Outside reports may be submitted by the parent for consideration by the IEP team. Information gathered from outside reports may guide the IEP team in identifying the need to assess new areas of disability. 

• Outside reports do not automatically determine eligibility or drive goals. LEAs must conduct their own evaluations to examine student health/mental health needs in the school setting and how those needs impact the student’s education or how the medically diagnosed condition manifests in the school setting. 
• An outside report may trigger the need for further assessment but does not immediately change or determine eligibility in the school setting (medical diagnosis versus educational eligibility).  Conversely, a medical diagnosis is not required for determination of eligibility in the school setting. For example, a student with a medical diagnosis of ADHD does not necessarily automatically qualify under OHI.    

• The parent(s) of the child. 
• Not less than one general education teacher of the child (if the child is or may be participating in the general education environment). 
• Not less than one special education teacher of the child, or, where appropriate, not less than one special education provider of the child. 

• An LEA/district representative who:  
• Is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of children with disabilities;  
• Is knowledgeable about the general education curriculum; and  
• Is knowledgeable about the availability of LEA/district resources. 
• A correctly credentialed or certified individual who can interpret the instructional implications of evaluation results. 

• At the discretion of the parent or the LEA/district, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate. 
• Whenever appropriate, the child. 

• Arthur Point Scale of Performance Test
• Cattell Infant Intelligence Scale
• Columbia Mental Maturity Scale
• Draw-a-Person (Good enough)
• Gessell Developmental Schedule
• Good enough – Harris Drawing Test
• Leiter International Performance Scale 

• Merrill- Palmer Pre-School Performance Test 
• Peabody Picture Vocabulary Test (P147) 
• Raven Progressive Matrices 
• Slosson Intelligence Test 

• Stanford – Binet 
• Van Alstyne Picture Vocabulary 
• Wechsler Intelligence Scale for Children (WISC) 
• Wechsler Intelligence Scale for Children-Revised (WISC- R) 
• Wechsler Pre-School and Primary Scale of Intelligence (WPPSI) 

• Wechsler Adult Intelligence Scale (WAIS) 

• Cognitive Abilities Test 

• Expressive One-Word Picture Vocabulary Test (EOWPVT) 
• K- ABC Mental Processing Subtests 
• McCarthy Scales of Children’s Abilities 
• Structure of Intellect Learning Aptitude Test 
• Test of Nonverbal Intelligence (TONI) 

• Test of Nonverbal Intelligence- II (TONI- II) 
• Test of Cognitive Ability from the Woodcock-Johnson (including the cognitive section of the Bateria Woodcock Psico-Educativa en Espanol) 
• Test of Cognitive Ability from the Woodcock- Johnson- Revised (WJ- R) 
• Test of Cognitive Ability from the Woodcock- Johnson -Ill (WJ -Ill) 
• Cognitive Subtest of the Battelle Developmental Inventories 

• Is the test standardized and does it purport to measure intelligence (cognition, mental ability or aptitude)? 

• Are the test results reported in the form of IQ or mental age? 
• Does evidence of the (construct) validity of the test rely on correlations with IQ tests? 

1. Review the case file to determine if prohibited information is contained therein.
2. Remove any prohibited protocols and all assessment reports which contain IQ information.
3. Copy the original report.
4. Use a black tip marker or liquid “white-out” to remove the following information on the copy:
   • Any reference to a test instrument that yields an IQ score or standard score that is an indication of cognitive functioning.
   • Any test data summary scores from the test instruments(s).
   • Commentary in the report or IEP, which discusses the student’s performance on the test instrument(s).
5. Make a copy of the purged report. File this in the student record.
6. Destroy the copy with the black tip marker or liquid “white-out.” 
7. Notify the parent/guardian that the student’s records are being sealed.
8. Seal the original report, any relevant protocols, and a copy of the letter sent to the parent/guardian in an envelope. Indicate the student’s name and destruction date of five years hence on the outside of the envelope. Attach a label indicating the envelope is only to be opened for purpose of litigation, official state or federal audits, or upon parent request.
9. Add the student’s name to an LEA/district-level master list of students whose files have been purged and reports sealed due to the Larry P. v. Riles ruling.

• Memorandum from the Director of Special Education, Special Education Assessment of African American Students (2022) 
• CASP Resource re: Larry P.  

• State of California Memorandom To Special Education Consultants (1997)  

• Be selected and administered so as not to be racially, culturally, or sexually discriminatory (EDC §56320(a)). 
• Be provided and administered in the student’s native language or other mode of communication, unless the Assessment Plan indicates reasons why such provision and administration are clearly not feasible (students who have been formally re-designated/reclassified as Fluent English Proficient may not need testing in their native language) (EDC §56320(a)).  
• Materials and procedures used to assess a student with limited English proficiency are selected to ensure that they measure the extent to which the student has a disability and needs special education, rather than measuring the student’s English proficiency.  

• Background information 
• Developmental milestones  
• Language use:  home survey to determine predominant language 

• Interviews with parents and teachers regarding students’ language use and academic progress 
• Health history 
• Observations in multiple settings 
• Assessment in both native language and acquiring language 
• Criterion-referenced measures  

• Nonverbal Tests of Intelligence: Nonverbal tests are often used in testing bilingual students. Unfortunately, nonverbal measures of intelligence are less reliable than verbal measures as they measure limited aspects of overall intellectual ability. 
• Translated Tests: Assessors are cautioned against the use of translated tests due to the impact on validity. While it is not difficult to translate a test, it may be difficult to translate psychometric properties from one language to another. For example, a word in English may have a different meaning when translated into another language such as Spanish, Hmong, Russian, or Chinese. Furthermore, translation assumes that the EL student has the same cultural background as the norming population, which may not be the case.  

• Use of Interpreters: The use of trained bilingual paraprofessionals is an invaluable resource to an evaluator when she/he does not speak the language(s) of the student to be assessed. Qualified individuals can be used to gather information in interviews and to collect data from non-standardized, criterion-referenced instruments.  
• Test Results:  Assessors should interpret results with caution and take into account developmental history, observations, and other forms of data to inform decisions. 

• The student has made slow progress in learning English and academics despite accommodations and special classroom interventions.  It is suggested that interventions are evidence-based and implemented with consistency and fidelity for 6-8 week periods before evaluating effectiveness.    
• The student has a significant medical history that may have impaired speech and language development.  
• Family reports impairment in the primary/native language.  
• Teachers and parents report student is learning very differently from other siblings and/or students who have had similar linguistic background and learning opportunities.  
• The student has signs of language loss that seem to transcend normal limits. 

• The impact of language, cultural, environmental, and economic factors on learning.  
• The presence of a disability or impairment in both the native language and language(s) the student is acquiring. 
• How standardized tests and techniques were altered, if appropriate.  
• Use of translation of English tests, including reference to validity and reliability.  
• Limitations of non-verbal measures and comparison of those results to other areas assessed.  

• Examiner’s level of language proficiency in a language other than English and its effect on the interpretation of results.  
• Use of an interpreter and its effect on the tests results and overall assessment.  
• Cross-validation of information from the home setting that supports findings from more formal measures.  
• Recommendations for linguistically appropriate goals.  

• Student’s language level in both languages (such as ELPAC scores) 
• History of language of instruction  
• Change in language used at home  

• Response to Interventions 
• English Learners who qualify for Special Education services may not meet the district/LEA’s reclassification criteria. Therefore, reclassification of English Learners should be considered. In order to consider reclassification, the IEP team should be expanded to include district/ LEA English Learner program personnel.   

• In 2019, the California Department of Education developed the California Practitioners’ Guide for Educating English Learners with Disabilities to provide information on identifying, assessing, supporting, and reclassifying English learners who may qualify for special education services and pupils with disabilities who may be classified as English learners.  
• In collaboration with the California Department of Education (CDE) and California Collaborative for Educational Excellence (CCEE), the Imperial County SELPA has developed several resources with the aim of improving outcomes for English learners with Disabilities.

INDIVIDUALIZED EDUCATION PROGRAM MEETING

Parent Notification 

• It is recommended that parents be sent a Meeting Notice a minimum of 10 days before the IEP Meeting (the Meeting Notice form is available in SEIS). 
• On the Meeting Notice, indicate the purpose of the meeting, time, location, and the titles of those in attendance. 
• Ask the parent(s) to sign and return the meeting.  
• Arrange for an interpreter if necessary. 
• Notify all IEP team members of the upcoming meeting to ensure their attendance. 

• Place a copy of the signed Meeting Notice in the student’s special education file and upload this notice to the student’s record in SEIS.  

IEP Team Membership 

• An administrator or an administrative designee (other than the student’s teacher) who is knowledgeable of program options appropriate for the student. This person must be authorized to make decisions and allocate resources. 
• Not less than one general education teacher. The El Dorado SELPAs advise that the student’s current general education teacher attend the meeting. If the student does not have a general education teacher, the teacher with the most recent and complete knowledge of the child and who is qualified to teach a student of their age should attend.  
• Not less than one special education teacher of the student, or, if appropriate, not less than one special education provider of the student.    

• The student. 
• Other persons who possess expertise or knowledge necessary for the development of the IEP. 
• An assessor(s) who conducted an assessment and is presenting their report for the IEP team; or an individual with the appropriate qualifications to present the assessment report on behalf of an assessor. 
• For students with suspected learning disabilities, at least one member of the IEP team other than the student’s general teacher who has observed the student’s educational performance in an appropriate setting. 

Membership Excusal 

• Necessary, but excusable: A member of the IEP team may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services, if both of the following occur: 

• The parent and the LEA/district consent to the excusal in writing by completing the IEP Excusal Form (available in SEIS) and 
• The excused IEP team member submits, in writing, to the parent and the IEP team input into the development of the IEP prior to the meeting. 

Agenda 

• Welcome: Welcome all participants to the meeting and thank them for their participation. 
• Introduction of All Persons Present: Record the names, titles, and agency/school of all attendees, including individuals who may be participating by phone, in the meeting notes. Use the Excusal Form if necessary and obtain parent signature. The IEP team may wish to sign the attendance sheet at this point or at the close of the IEP. 
• Purpose: The meeting facilitator should briefly review the purpose of the meeting. 

• Agenda Overview: The meeting facilitator should briefly review the proposed agenda and request additional agenda items or questions from IEP meeting team members. The IEP team shall finalize and agree on an agenda before continuing the meeting. 
• Establish Time Parameters: The meeting facilitator should review the previously agreed-upon start and end time for the IEP meeting. If anyone has to leave the meeting at a specific time, address it with the entire team and document the time the individual(s) leave in the IEP meeting notes. An excusal form should be completed and signed by the parent and the Administrative Designee. If the parent disagrees with someone’s request to leave early, the team will have to adjourn the meeting at the point of the member’s departure and schedule a continuation meeting when the member can attend the entire meeting. Assign a designated person to be the timekeeper, if necessary. 

• Procedural Safeguards: Provide/verify that the parents have received a copy of their Notice of Parental Rights and Procedural Safeguards. The meeting facilitator shall ask the parents if they have any questions or would like further clarification regarding their rights and procedural safeguards. A copy of Parent Rights and Procedural Safeguards should be presented at minimum one time annually, but it is suggested that they be provided at the beginning of each IEP Meeting. Parents may decline an additional copy of these rights, although one must be offered. It is recommended that the note-taker document in the IEP notes that these rights were offered and accepted or offered and declined and whether the parent had any questions. Further information can be found in the "Procedural Safeguards"  section of this Procedural Guide. Copies of the Procedural Safeguards in English and additional languages can be found in the SEIS Document Library.  

• Review of Information/Eligibility Page: Review the Information/Eligibility page of the IEP to make sure that parent(s) address(es) and phone number(s) are up to date. 

• Statement of Eligibility/Non-eligibility: If eligibility is being considered or reviewed, the following applies: 

• • If the IEP team determines that the student is not eligible for special education services or no longer eligible, document on the IEP form that "assessment results indicate that special education services are not appropriate at this time" and check the box on the form indicating "not eligible". 

• • If further assessment is needed to clarify eligibility, the IEP team meeting may be suspended pending further testing or evaluation but reconvened as soon as possible. 

• • If the student is not eligible for special education services but educational concerns are present, the IEP team meeting should be adjourned. The general education support options may be explored, including possible referral to the Student Study Team (SST) and/or consideration of an assessment for 504 eligibility. 
  • If the student is determined by the IEP team to be eligible for special education, proceed with the rest of the IEP meeting agenda.

• Student Strengths/Preferences/Interests: Any member of the IEP team may share student strengths with the team. These may include but are not limited to academic, social, and behavioral strengths or student preferences, likes, hobbies, and talents. 

• Parent Concerns: Parents should have an opportunity to share their concerns and provide relevant information to the team. The person taking the notes should document how the parent’s concerns were addressed during the meeting or capture the discussion regarding how the team will address that concern in the future. 

• Present Levels of Performance: The meeting facilitator should request each IEP meeting participant to provide data to update the student’s present levels of performance, including the parent(s)/guardian(s). Each classroom teacher should provide input, as well as parents and each assessor. When appropriate (student will turn 16 years of age before the next annual IEP), complete transition paperwork in conjunction with present levels, goals, and services.  
  •  Areas of Need: For the student to receive educational benefit, in which areas of need do goals need to be written? The areas of need should align with the present levels and be supported by data. 
    • Assessment reports conducted by specialists trained in these specific areas should provide information indicating the need for specialized materials, devices, or supports. 
•  Individual Transition Plan (ITP): As defined in California Education Code section 56345, an ITP must be included in the IEP that will be implemented when the student turns 16 years of age, or younger, if deemed appropriate by the IEP Team. The IEP Team must discuss, implement, and review the student’s ITP annually. For further information, guidelines, and resources, visit the "Transition” portion of the SELPA’s website or the "Transition Planning” section of this Procedural Guide. 

• Special Factors: 

• • Assistive technology: Does the student require assistive technology devices and/or services to access learning? Did the team have an assistive technology assessment completed?
  • Low incidence: Does the student require low incidence services, equipment and/or materials to meet educational goals? Is this student eligible under a low incidence disability (visual or hearing impairment, severe orthopedic impairment, or any combination thereof)?
  • Deaf or Hard of Hearing: Consider the communication needs of the child, including: 
    • Child’s language and communication needs, 
    • Opportunities for direct communications with peers and professional personnel in the child’s language and communication mode, 
    • Academic level, and 
    • Full range of needs, including opportunities for direct instruction in the child’s language and communication mode
    • If yes, does the student need primary language support?
    • If yes, who will provide language support? 
    • What will be the language of instruction for the student? 
    • Who will provide ELD services to the student? What type of ELD services will be provided?
  • Behavior: Does the student’s behavior impede the learning of self or others, yes or no?  
  • If yes, specify positive behavior interventions, strategies, and supports. Consider whether a behavioral goal and/or a Behavior Intervention Plan (BIP) is appropriate depending on the student’s needs.
• Statewide Assessments: The IEP team shall discuss participation in statewide assessments, including any needed accessibility resources to be documented in the student’s IEP. The "California Assessment Accessibility Resources Matrix” presents the current universal tools, designated supports, and accommodations adopted by the State of California for the Smarter Balanced Assessment Consortium (SBAC) assessment. 
• Review of Progress on Current Goals/Objectives: At plan review and eligibility evaluation meetings, IEP teams must address the previous year’s goals and objectives and note on the document whether goals were met. If previous goals were not met, document action to be taken (i.e., continue with additional supports, discontinue or modify) and revise the goal.
  • New Goal/Objectives Based on Current Needs: At initial meetings, plan review, and eligibility evaluation meetings, the IEP team shall develop goals tied to the areas of need identified by assessments and/or present levels. As a team, the IEP meeting participants shall establish goals and/or additional support for all areas of need that were identified in the present levels of performance.
• Each measurable annual goal, including academic and functional goals, shall be designed to do the following: 
• Meet the individual’s needs that result from the individual’s disability to enable the pupil to be involved in and make progress in the general curriculum 
• Meet the pupil’s other educational needs that result from the individual’s disability 
• Be linguistically appropriate for the student if the student is an English Language Learner 

• Offer of Program/Services Based on Goals/Objectives: In considering program alternatives, the IEP team shall make a recommendation based on the individual needs of the student and not based on the category under which the student is determined to be eligible for special education. 
  •  The IEP team shall consider the full continuum of program options to ensure that all students are provided a Free Appropriate Public Education (FAPE) in the least restrictive environment (LRE) and document options considered on the services page of the IEP. 
  • After reviewing all program options, the IEP team shall recommend appropriate related services, calculated to offer the student the opportunity to achieve educational benefit. 
• Accommodations/Modifications: Consider what classroom and campus supports the student will need to obtain educational benefit. These accommodations and modifications are those that the student requires beyond what is currently available to general education students. Further information regarding accommodations and modifications can be found in the "Curriculum Adaptations"  section of this Procedural Guide.  

• Supplementary Aids, Services and Other Supports for School Personnel, for the Student, or on Behalf of the Student: The IEP team shall develop a list of supplementary aids and services based on peer-reviewed research to the extent possible. The frequency, duration, and location of services to be provided must be specified on the IEP. It is not recommended to write in "as needed" for duration or frequency. The IEP team shall also document program modifications or supports for school personnel. The services, supplementary aids, program modifications, and/or supports will be provided to enable the student to do the following: 

• • To progress towards obtaining their annual goals 

• • To be involved in and make progress in the general education curriculum in accordance with their present levels and functional performance 
  • To participate in extra-curricular and non-academic activities 
  • To be educated and participate with other students with exceptional needs and non-disabled peers. 

• Emergency Circumstances Page: The Emergency Circumstances Page must be discussed and completed at the initial and subsequent annual plan review meetings. If instruction, services, or both, cannot be provided to the student, either at school or in person for more than 10 school days due to one or more emergency conditions as defined by EDC §46392(a) and EDC §41422(a), student’s IEP services will be provided to the extent practicable, taking into consideration the student’s unique circumstances, the specific emergency circumstance(s), district policy, and federal, state and local orders. 

• Educational Setting-Offer of FAPE: What is the most appropriate placement in the Least Restrictive Environment (LRE) for this student? Each LEA/district must ensure 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 nondisabled; and 
  • Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily [34 CFR §300.114(a)].  

• • • Additional Considerations: 

• • • • Percentage (%) of time in/out of general education classes and rationale for time out of general education 
      • Indicate other agencies working with the student 
      • Indicate promotion criteria 
      • Progress monitoring/progress reporting 
      • Activities to support transition  

• Extended School Year (ESY): Complete the "Extended School Year" (ESY) forms located in SEIS to help the team determine if a student needs ESY support. For more information, see the "Extended School Year” section of this Procedural guide.  
• Ending the Meeting: 

• • Confirm Agreements 
  • Obtain Signatures:
    • All IEP team members, including parents and the student (when the student is present), sign in attendance of the IEP. If parents agree to the IEP and placement of their child, they will also sign in consent to the IEP document. 
    • If the parent does not consent to all components of the IEP, then the parent should indicate those areas of exception on the signature page. If the parent needs more writing space, an additional piece of paper can be used and attached to the IEP. Whether the parent submits their letter of exception at the IEP meeting or returns with a letter that explains the areas of exception, it shall be accepted as a supplemental document to the IEP and attached in the Special Education Information System (SEIS). 
    • The notes page should reference the additional page of exceptions. If a parent submits consent to some components of the IEP and lists exceptions to others, the case manager should work with the parent to schedule a future IEP meeting to discuss the areas of exception. Any areas of the IEP to which the parent does not consent will become areas of exception and will not be implemented. 
    • The components of the program to which the parents have consented may be implemented so as not to delay providing support and services to the student. 
    • Written parent permission must be obtained prior to initiating services and/or educational placement.  The services and/or placement will begin following the parent’s written approval of the IEP. 

• • • Follow Up: If there are any outstanding agenda items or concerns that the IEP team was not able to discuss/reach a consensus on, another IEP meeting shall be scheduled as soon as the team can set a mutually agreeable meeting date. 
    • Provide parents with a copy of the IEP. 
    • Place a copy of all IEP Documents into the student’s special education file and upload all signed documents (i.e., Notice of Meeting, Parent Consent, Excusal Forms, and Reports) into SEIS. 
    • The LEA/district may need to send parents a Prior Written Notice (PWN) after the meeting. The purpose of this is to document any changes or proposed changes to the IEP. For further information, see the "Prior Written Notice” section of this procedural guide. 

Useful Links:

General Information 

Following an assessment, the IEP team, including assessment personnel, shall make the decision as to whether or not the assessment results demonstrate that the degree of the student’s impairment requires special education and/or related services (EDC §56320 & §3030) .  

The IEP team shall consider all the relevant information available about the student. No single score or product of scores shall be used as the sole criterion for the decision of the IEP team as to the student’s eligibility for special education. 

In making a determination for eligibility, a student shall not be determined to be an individual with exceptional needs if the determining factor is one of the following (EDC §56321(a)(2)) : 

• Lack of appropriate instruction in reading 
• Lack of appropriate instruction in mathematics
• Due primarily to limited school experience or poor school attendance 
• Is a result of environmental, cultural differences, or economic disadvantages 
• Could be corrected through other interventions and supports offered within the general education program 
• Limited-English proficiency 

To receive special education and related services under Part B of IDEA (34 CFR §300.8), a child must be evaluated to determine both: 

• Whether they have a disability, and 
• Whether they, because of the disability, need special education and related services. 

The need for special education and related services is determined by the adverse impact of the disability on educational performance, despite consistently applied and documented general education accommodations to support a student’s academic progress, social-emotional functioning, and/or behavioral functioning. The term “educational performance” as used in the IDEA and its implementing regulations, is not limited to academic performance (Letter to Clark, Office of Special Education Programs March 8, 2007). Adverse impact on educational performance could be documented by the pervasive nature of any combination of the following: 

• The student is not making satisfactory progress toward grade-level standards. 
• There is an overall pattern of poor or failing grades present for an extended period of time on grade reports. 

• Quality and degree of task completion are significantly below the range of the class. 
• The student demonstrates a significant difference between ability and achievement on standardized and curriculum-based achievement tests. 
• The student demonstrates a pattern of missing instruction due to behavior challenges. 
• The student’s social-emotional functioning is interfering with the student’s ability to attend school, engage with peers, and/or complete schoolwork.   

Eligibility Categories 

Under the IDEA, a student with a disability refers to a student “evaluated in accordance with 34 CFR §300.304   through §300.311 as having an intellectual disability, a hearing impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a serious emotional disability (referred to in this part as “emotional disability”), an orthopedic impairment, autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.” 34 CFR §300.8(a)(1) The IDEA sets forth how states define who is eligible for special education, and these 13 categories are defined by the California Code of Regulations (5 CCR §3030) for determining eligibility in California. The list below reflects all 13 categories followed by corresponding definitions.   

• Specific Learning Disability (SLD) 
• Other Health Impairment (OHI) 
• Emotional Disability (ED) 

• Speech or Language Impairment (SLI) 
• Autism (AUT) 
• Intellectual Disability (ID) 
• Hard of Hearing (HH) 
• Deafness (DEAF) 

• Visual Impairment (VI) 
• Orthopedic Impairment (OI) 
• Deaf-Blindness (DB) 
• Multiple Disabilities (MD) 
• Traumatic Brain Injury (TBI) 

Eligibility Summarized (per EDC §56320  and 5 CCR §3030). 

Specific Learning Disability (SLD) 

A specific learning disability means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken, or written, that may have manifested itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. 

A specific learning disability can include conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. These conditions are medically diagnosed and do not automatically make a student eligible for special education and related services. A medical diagnosis may trigger an evaluation to determine the corresponding impairment in psychological processes and the need for special education and related services in the school setting. 

The basic psychological processes include: 

• Attention 
• Visual processing 

• Auditory processing 
• Sensory-motor skills 
• Cognitive processing 

Specific learning disabilities do not include learning problems that are primarily the result of visual, hearing, or motor disabilities, intellectual disability, emotional disability, or of environmental, cultural, or economic disadvantage. 

A severe discrepancy shall not be primarily the result of limited school experience or poor school attendance, or limited English proficiency, and it must have been documented that before, or as a part of, the referral process, the pupil was provided appropriate instruction and intervention in general education settings, delivered by qualified personnel. 

In determining whether a student has a specific learning disability, the public agency must ensure 

that the student is observed in the student’s learning environment. 

SLD Eligibility Models 

Within all models, both of the following items apply: 

• Disabilities do not include learning problems that are primarily the result of the visual, hearing, or motor disabilities, intellectual disability, emotional disability, or of environmental, cultural, or economic disadvantage, and 

• The student is observed in the student’s learning environment. 

Discrepancy Model 

In determining whether a student has a specific learning disability, the public agency may consider whether a student has a severe discrepancy between intellectual ability and achievement in any of the following: 

• Oral expression 
• Listening comprehension 

• Written expression 
• Basic reading skill 
• Reading fluency skills 
• Reading comprehension 
• Mathematical calculation 

• Mathematical reasoning 

The decision as to whether a severe discrepancy exists shall take into account all relevant material that is available for the student. No single score, test, or procedure shall be used as the sole criterion for the decisions of the IEP team as to the student’s eligibility for special education. 

In determining the existence of a severe discrepancy, the IEP team shall use the following procedures. When standardized tests are considered to be valid for a specific student, a severe discrepancy is demonstrated by: 

• Converting into common standard scores, using a mean of 100 and standard deviation of 15, the achievement test score and the intellectual ability test score to be compared, 
• Computing the difference between these common standard scores, and 

• Comparing the computed difference to the standard criterion, which is the product of 

1.5 multiplied by the standard deviation of the distribution of computed differences of students taking these achievement and ability tests. 

A computed difference that equals or exceeds this standard criterion, adjusted by one standard error of measurement, the adjustment not to exceed four common standard score points, indicates a severe discrepancy when such discrepancy is corroborated by other assessment data, which may include other tests, scales, instruments, observations, and work samples, as appropriate. 

If the standardized tests do not reveal a severe discrepancy, the IEP team may find that a severe discrepancy does exist (between cognitive ability and academic achievement), provided that the team documents in a written report that the severe discrepancy between ability and achievement exists as a result of a disorder in one or more of the basic psychological processes. The report shall include a statement of the area, the degree, and the basis and method used in determining the discrepancy. 

The report shall contain information considered by the team, which shall include, but not be limited to: 

• Data obtained from standardized assessment instruments 
• Information provided by the parent 
• Information provided by the student’s present teacher 
• Evidence of the student’s performance in the general and/or special education classroom obtained from observations, work samples, and group test scores 
• Consideration of the student’s age, particularly for young students 

• Any additional relevant information 

A severe discrepancy shall not be primarily the result of limited school experience, poor school attendance, or limited English proficiency. 

Per Larry P. vs. Riles litigation, African American students in the state of California cannot be administered cognitive assessments. For additional information on Test Selection and Eligibility for African American Students as a result of the Larry P. vs Riles litigation, please see the corresponding section of this procedural guide titled, “Assessment, Test Selection, and Reports”. 

Response to Intervention Model (RtI) and Patterns of Strengths and Weaknesses Model (PSW) 

Regardless of whether a student shows a severe discrepancy, a student may be determined to have a specific learning disability if: 

The student does not achieve adequately for the student’s age or meet state-approved grade-level standards in one or more of the following areas when provided with learning experiences and instruction appropriate for the student’s age or state-approved grade-level standards: 

• Oral expression 
• Listening comprehension 
• Written expression 

• Basic reading skill 
• Reading fluency skills 
• Reading comprehension 
• Mathematical calculation or 
• Mathematical reasoning 

-AND- 

Response to Intervention Model (RtI) – The student does not make sufficient progress in meeting age or state-approved grade-level standards in one or more of the areas identified above when using a process based on the student’s response to scientific, research-based intervention; 

-OR- 

Patterns of Strengths and Weaknesses Model (PSW)- The student exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state-approved grade-level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using research/evidence-based assessments.

To ensure that underachievement in a student suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math or due to limited English proficiency, the group making the decision must consider the following: 

• Data that demonstrate that before, or as a part of, the referral process, the student wasprovided appropriate instruction in general education settings, delivered by qualified personnel; 

–AND- 

• Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the student’s parents. 

Although the law allows LEAs/districts the option of using RTI and PSW procedures as part of the evaluation procedures for special education eligibility, a comprehensive assessment is still required to ensure that IEP team members have carefully evaluated and considered all relevant aspects of a student’s performance and history. The comprehensive assessment must occur before determining that a student has a disability that impacts progress in the general curriculum, thus making them eligible for special education services. 

SLD Eligibility Related to Reading Fluency
Reading fluency is a defined criteria for the PSW and RTI models but not the discrepancy model, which identifies basic reading skills and reading comprehension. Reading fluency is recognized as a foundational reading skill and likely an integral part of basic reading skills. Additionally, a deficit in reading fluency is typically accompanied by a deficit in reading comprehension. Therefore reading fluency may meet the threshold for "basic reading skills" for the purposes of SLD eligibility under the discrepancy model.

A Comparison Between SLD Models  

For an overview of each model for identifying SLD, please refer to the SELPA’s handout titled, Specific Learning Disability Models.

Other Health Impairment (OHI) 

Other health impairment means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment that: 

• Is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, Tourette syndrome, Fetal Alcohol Syndrome; 

-AND- 

• Adversely affects a student’s educational performance. 

OHI and ADHD 

If a student exhibits ADHD-like behaviors, the IEP team should attempt to differentiate indicators that would be more closely associated with conditions such as: 

• Substance abuse 

• Mood disorders (i.e.: anxiety/depression) 
• Conduct disorders 
• Oppositional defiant disorder 
• Malnutrition 

School-based assessments do not diagnose ADHD or any other medical/mental health disorder(s). Instead, they document the presence of behavior that may be symptomatic of ADHD or other conditions. If the school deems a medical diagnosis necessary to determine special education eligibility, the school would be liable to provide access to the medical diagnosis from the doctor along with the cost of the doctor’s visits. 

Emotional Disability (ED) 

Emotional Disability means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a student’s educational performance: 

• An inability to learn that cannot be explained by intellectual, sensory, or health factors 
• An inability to build or maintain satisfactory interpersonal relationships with peers and teachers 
• Inappropriate types of behavior or feelings under normal circumstances 

• A general pervasive mood of unhappiness or depression 
• A tendency to develop physical symptoms or fears associated with personal or school problems 
• Emotional Disability includes schizophrenia 

The term does not apply to students who are socially maladjusted unless it is determined that they also have an emotional disability. 

School-based assessments do not diagnose mental health disorders. They document the presence of behavior that may be symptomatic of mental health disorders and how those symptoms impact educational performance. 

Due to the complexity of ED assessments, assessors may wish to provide differential eligibility criteria to rule in and/or rule out other areas of eligibility such as OHI, AUT, or SLD. ED assessments typically include both broadband and narrow-band assessments to help IEP team members pinpoint specific areas of need and target IEP Goals. A thorough ED evaluation should encompass all the components of an Educationally Related Mental Health Services (ERMHS) assessment and provide ample documentation to support students’ need for ERMHS services, which may include counseling or Behavior Intervention Plan (BIP). In very rare circumstances, a student who meets the eligibility criteria for ED may not additionally require ERMHS support, including a BIP. 

Speech or Language Impairment (SLI) 

A student has a language or speech disorder once it is determined that the student’s disorder meets one or more of the following criteria: 

• Articulation disorder- The student displays reduced intelligibility or an inability to use the speech mechanism which significantly interferes with communication and attracts adverse attention. Significant interference in communication occurs when the student’s production of single or multiple speech sounds on a developmental scale of articulation competency is below that expected for his or her chronological age or developmental level, which adversely affects educational performance. A student does not meet the criteria for an articulation disorder if the sole assessed disability is an abnormal swallowing pattern. 

• Abnormal voice- A student has an abnormal voice which is characterized by persistent, defective voice quality, pitch, or loudness. 
• Fluency disorders- A student has a fluency disorder when the flow of verbal expression including rate and rhythm adversely affects communication between the student and listener. 
• Language disorder- The student has an expressive or receptive language disorder when he or she meets one of the following criteria: 

• • The student scores at least 1.5 standard deviations below the mean, or below the 7th percentile, for his or her chronological age or developmental level on two or more standardized tests in one or more of the following areas of language development: morphology, syntax, semantics, or pragmatics. When standardized tests are considered to be invalid for the specific student, the expected language performance level shall be determined by alternative means as specified on the assessment plan, or 
  • The student scores at least 1.5 standard deviations below the mean or the score is below the 7th percentile for his or her chronological age or developmental level on one or more standardized tests in one of the areas listed in section A and displays inappropriate or inadequate usage of expressive or receptive language as measured by a representative spontaneous or elicited language sample of a minimum of 50 utterances. The language sample must be recorded or transcribed and analyzed, and the results included in the assessment report. If the student is unable to produce this sample, the language, speech, and hearing specialist shall document why a fifty-utterance sample was not obtainable and the contexts in which attempts were made to elicit the sample. When standardized tests are considered to be invalid for the specific student, the expected language performance level shall be determined by alternative means as specified in the assessment plan. 

Autism (AUT) 

Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three, and adversely affecting a student’s educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. 

Autism does not apply if a student’s educational performance is adversely affected primarily because the student has an emotional disability. 

A student who manifests the characteristics of autism after age three could be identified as having autism if the criteria are satisfied. 

Autism can be medically diagnosed; however, a medical diagnosis does not automatically make a student eligible for special education and related services. A medical diagnosis may trigger a school-based evaluation to determine the corresponding need for special education and related services in the school setting. Conversely, a student does not require a medical diagnosis to meet the eligibility criteria for autism. 

School-based assessments do not diagnose autism. They document the presence of behavior that may be symptomatic of autism or autism spectrum disorders and how those behaviors impact a student’s learning performance. 

Assessors may wish to provide differential eligibility criteria to rule in and rule out other areas of eligibility such as OHI, ED, or SLD. Other areas of assessment for students with autism may include pragmatic language (speech) or a Functional Behavioral Assessment (FBA), resulting in a BIP. 

Intellectual Disability (ID) 

Intellectual disability means significantly sub-average general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period that adversely affects a student’s educational performance. 

Hard of Hearing (HH) 

Hearing impairment means an impairment in hearing, whether permanent or fluctuating, that adversely affects a student’s educational performance, but that is not included under the definition of deafness in this section. 

For more information on referral to the California School for the Deaf for additional assessment, please see the section titled, “State Special Schools and Services”. 

Deafness (DEAF) 

Deafness means a hearing impairment that is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a student’s educational performance. 

For more information on referral to the California School for the Deaf for additional assessment, please see the section titled, “State Special Schools and Services”. 

Visual Impairment (VI) 

Visual impairment, including blindness, means an impairment in vision that, even with correction, adversely affects a student’s educational performance. The term includes both partial sight and blindness. 

For more information on referral to the California School for the Blind for additional assessment, please see the section titled, “State Special Schools and Services”. 

Orthopedic Impairment (OI) 

Orthopedic impairment means a severe orthopedic impairment that adversely affects a student’s educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures). 

Deaf-Blindness (DB) 

Deaf-blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for students with deafness or student with blindness. 

For more information on referral to the California School for the Blind for additional assessment, 

please see the section titled, “State Special Schools and Services”. 

Multiple Disabilities (MD) 

Multiple disabilities mean concomitant impairments, such as intellectual disability-blindness or intellectual disability-orthopedic impairment, the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities does not include deaf-blindness. 

Traumatic Brain Injury (TBI) 

Traumatic brain injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a student’s educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. 

Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma. 

Neither the IDEA nor California law expressly requires medical documentation of TBI before determining whether a student qualifies under the TBI eligibility category. If a parent provides the IEP team, either verbally or in writing, with information that a student has suffered a TBI, the IEP team should consider the information and determine whether the information suffices to prove the student suffers from a TBI or whether additional information is necessary. If the IEP team requires further information, such as a medical evaluation to determine whether the student is suffering from a TBI caused by external physical force or some other impairment, the district is required to provide the assessment at no cost to the parents, just as it would under any other disabling condition. 

Other Considerations with Regard to Eligibility: 

Attention Deficit Hyperactivity Disorder (ADHD) 

A student whose educational performance is adversely affected by a suspected or diagnosed

attention deficit hyperactivity disorder (ADHD), may meet eligibility requirements under the following categories: 

• Other Health Impaired (OHI) when ADHD is a chronic, acute health problem that causes a limited and/or heightened alertness to the educational environment and adversely impacts educational performance. 
• Specific Learning Disability (SLD) with a significant discrepancy between ability and achievement and a deficit in attention which is one of the five basic psychological processes; or 

• Emotional Disability (ED) when the lack of attention is causing a severe emotional condition so pervasive that it adversely affects educational performance. 

It is suggested that the Assessment Team provide differential eligibility criteria (in assessment reports) to examine all three of the above criteria (SLD, ED, OHI) to rule in or rule out each category and assist the IEP team in documenting that these needs were fully explored. 

Medical Diagnosis: ADHD, Autism, Other Medical Conditions, and/or Mental Health Disorders 

Eligibility for special education differs from a medical diagnosis provided by an outside medical provider in the following ways: 

• Educational eligibility allows a student to access IDEA services and is determined by a school-based IEP team after assessments are conducted within the school setting. 
• Medical diagnosis is a process conducted by a doctor or team of doctors to determine whether a medical need exists, including a physical or a mental health disorder. 

There is no requirement for medical documentation from a doctor for a student to become eligible for or continue to receive special education services, unless the IEP team deems it necessary. 

If an IEP team suspects ADHD, autism, other medical conditions, and/or mental health disorders may be impacting a student’s learning, the team should conduct a school-based assessment to examine the ways in which the suspected disability is manifesting at school and impacting the student’s ability to learn. 

In some circumstances, an IEP team may determine that additional medical documentation is required. If the school deems a medical diagnosis necessary to determine special education eligibility, the school would be liable to provide access to the medical diagnosis from the doctor and incur responsibility for the costs of the doctor’s visits. 

In order to access special education services, a student must have an assessment for special education conducted to examine how the student’s learning is impacted by the disability. A doctor’s recommendation, report, prescription, or letter is not sufficient to determine eligibility, but must be taken into account by the IEP team. 

Eligibility for Related Services 

For a student to access related services (e.g., occupational therapy, counseling, transportation, adapted PE), they must have an evaluation conducted by the appropriately credentialed specialist. A written report must identify that the student qualifies for the related service and must outline areas of need. The IEP team must convene to discuss the assessment results. Based on the evaluator’s findings, the student’s needs will be outlined in the present levels to drive goals and services. The goals must include baseline data to indicate present levels of functioning specific to each goal area. Services and goals should be updated at each annual IEP and re-evaluated at each triennial IEP. Should a service provider wish to exit a student from a related service, they should complete a full reevaluation to provide the IEP team with documentation that the related service is no longer necessary. 

For information regarding eligibility for Educationally Related Mental Health Services (ERMHS), please refer to the El Dorado SELPA’s ERMHS Program Guidelines.  

If you have any questions regarding the guidance provided in this document, please contact your El Dorado SELPA’s Program Specialist. 

• Is designed to be within a results-oriented process that is focused on improving the academic and functional achievement of the student with a disability to facilitate the student’s movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation; 

• Is based on the individual student’s needs, taking into account the student’s strengths, preferences, and interests; and 

• Includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation. 

• Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment and, where appropriate, independent living skills; 
• The transition services (including courses of study) needed to assist the student in reaching those goals; and 

• Beginning not later than one year before the student reaches the age of majority under state law (18 in California), a statement that the student has been informed of the student’s rights under Part B, if any, that will transfer to the student on reaching the age of majority, must be included in the IEP. 

Overview of Transition Planning 

• Transition Assessment: Conduct age-appropriate assessments to determine interests, aptitudes, and areas of need. 

• Assessment Results: Describe the student’s strengths and present levels of performance, achievement, and functioning. 

• Measurable Postsecondary Goals: Based upon assessment information and present levels, develop student-centered measurable postsecondary goals. 

• Course of Study: Determine the course of study that will support the student’s transition goals. 

• Coordinated Set of Activities to Support Transition Goals: Develop a “coordinated set of activities” that supports the measurable postsecondary goals and transition plan. 
• Transition Services: Determine transition services and document those services in the student’s IEP. 
• Student-Led Transition (IEP) Meeting: Assist the student to plan and prepare to lead the IEP meeting. Be sure to include these additional components: 

• Age of Majority: Document the information shared with the student around the Age of Majority. Please see the section of this Procedural Guide titled, “Age of Majority” for more details on this topic. 
• Invite Appropriate Outside Agencies: Ensure appropriate agencies are invited to the IEP meeting. 

• Implementation: Implement the IEP, monitor progress on goals and course of study, and modify and update the plan annually. 
• Annual Review of Goals and Updates to Plan: Develop annual IEP goals that align with and support the transition plan and postsecondary goals. 
• Summary of Performance: The Summary of Performance must be completed in the final year of a student’s high school education. It is intended for postsecondary schools, service providers, and employers to be used at the student’s discretion. 

Transition Assessment 

• Psycho-educational Assessments 
• Job Evaluations 
• Labor market Surveys/Aptitudes Tests 
• Progress on IEP Goals 

• Transition Inventories 
• Observations & Record Reviews 
• Interest Surveys 
• Personality Inventories 
• Academic Assessments/Curriculum-Based Assessments 

• Computerized Career Systems
• Student and family interviews 

Measurable Postsecondary Goals 

Suggested IEP Language for Measurable Postsecondary Goals 

Course of Study 

• The course of study must intentionally and explicitly reflect each student’s secondary 

• For students who plan to earn a high school diploma, the student must meet state and district graduation requirements. 

• Elective classes or those meeting the state and district graduation requirements such as performing and visual arts, foreign language (language other than English including American Sign Language), and career technical classes should reflect the individual 

• The course of study should be sufficiently generic to be portable across district or state lines.

• Student progress toward achieving a high school diploma or certificate of completion should be monitored at least once annually with consideration given to attendance, grades, credit status and other educational performance measures. The course of study should also be reviewed at least once annually for all students. 

• It should be recognized that, to the maximum extent possible, attainment of a high school diploma should be recognized as partially meeting postsecondary education and employment goals. (Some employers require a diploma to meet their minimum requirement when considering job applicants). 

• It should be emphasized that the course of study and attainment of a diploma or certificate are not sufficient to document the provision of transition services as mandated in the Individuals with Disabilities Education Act (IDEA). 

• For students whose course of study will lead to certificates that are alternatives to a high school diploma, the certificate should intentionally and explicitly reflect each student’s secondary completion goals and postsecondary goals. 

Coordinated Set of Activities to Support Transition Goals 

• Career Day for all students 

• Visits to local community college(s) 
• Visit local recreation centers 
• Taking public transportation to community activities 
• Community Service 
• Job shadow other peers 

• A school counselor provides information on college admissions, financial aid or campus information 
• An occupational therapist provides fine motor therapy for a student to be able to brush her hair on her own 

• A special education teacher provides specialized academic instruction to improve math skills in the area of banking and money management 
• A case manager arranges for job shadowing opportunities in the community 
• A “careers class” provides instruction in job search and interviewing skills 

Transition Service Codes 

Summary of Performance (Postsecondary Exit) 

Performance Indicator 

• Are there appropriate measurable postsecondary goals (MPSGs) that address education/training, employment, and as needed, independent living? 
• Are the MPSGs updated annually? 
• Is there evidence that MPSGs were based upon assessment? 
• Are there transition services in the IEP that will reasonably enable the student to meet the MPSGs? 
• Will the course of study (in the transition services) reasonably enable the student to meet the MPSGs? 
• Are there annual IEP goals related to the transition needs of the student? 
• Is there evidence the student was invited to the IEP? 
• Is there evidence of an invitation to the IEP extended to a representative of an involved agency (as appropriate)?

Student Participation in the IEP

• Planning the IEP: includes laying the foundation for the meeting by identifying strengths and needs, establishing goals, considering options, and preparing materials for the IEP meeting. 
• Drafting the IEP: provides practice in self-advocacy skills and includes having students create a draft of their IEP that reflects these strengths and needs, as well as their interests and preferences. 
• Participating in the IEP meeting: in which students have the opportunity to share their interests, preferences, and needs and participate in dialogue with other members of the IEP team to develop a plan. 
• Implementing the IEP: involves students evaluating how well they are achieving the goals identified in their IEP. 

• Inventory strengths: areas to improve or learn, goals and choices for learning or needed accommodations. Students complete an inventory sheet they can use at the IEP meetings. 
• Provide inventory information: Use inventory, portfolio, presentation video, etc. 
• Listen and respond: learn the proper times to listen and to respond. 

• Ask questions: teach students to ask questions when they don’t understand something. 
• State goals: students list the goals they would like to see in their IEP. 
• Use the IEP as an opportunity to develop self-advocacy and leadership skills. 

• Support in….. 

• Special attention on….. 
• Work with….. 

Suggested Transition Individualized Education Plan Agenda (with Annual IEP) 

• Welcome 

• • Introductions 
  • Purpose of Meeting/Expected Outcomes 
  • Agenda Overview 

• • Review Child/Parent Rights 

• Present Levels of Performance 

• • Parent Concerns 
  • Review of Reports (General Education, Related Service Providers, other agencies, if applicable) 
  • Review of Progress on Current Goals/Objectives 

• Transition Plan (for Students 16 Years and Older) 

• • Discuss Student Strengths/Preferences/Interests 
  • Review Results from Transition Assessments 
  • Develop/Review Measurable Postsecondary Goals 
  • Discuss Activities and Services to Support Postsecondary Goals 

• • Document Course of Study 
  • Discuss Age of Majority 

• New Goals/Objectives 

• • Based on Current Need Areas 
  • Aligned with Postsecondary Goals 

• • Based on Student’s Plan for the Future 

• Special Factors 

• • Assistive Technology requirements, if needed 
  • Low Incidence Requirements, if needed 
  • Blindness or Visual Impairment, or Deaf or Hard of Hearing, if appropriate 

• • English Learner, if appropriate 
  • Behavior Supports, if needed 
  • Areas of Need Identified 
  • Participation in State/District-wide Assessments 

• Offer of Program/Services Based on Goals and Transition Plan 

• • Service Delivery Options (LRE) 
  • Supplementary Aids, Services and Other Supports 
  • Accommodations/Modifications 
  • Special Education and Related Services 
  • Review Transition Services 

• Offer of Educational Setting 

• • Percentage of time in/out of general education classes (rationale for time out of general education) 
  • Other Agencies Involved 
  • Promotion Criteria 
  • Progress Monitoring/Progress Reporting 

• • Special Education Transportation 
  • Graduation Plan 

• Closing 

• • Confirm Agreements 
  • Gather Signatures 

• Assessment: The data collection phase helps determine the student’s current health status and any actual or potential health concerns. 

• Diagnosis: The school nurse uses the assessment data to formulate a nursing diagnosis, including a diagnostic label, etiology, and presenting signs and symptoms. 
• Outcome Identification: The school nurse identifies the desired results of nursing intervention and states these in measurable terms. 
• Planning: Interventions are selected to achieve desired results. 
• Implementation: The written IHP is put into practice, and the care provided is documented. 

• Evaluation: The professional school nurse measures the effectiveness of nursing interventions in meeting the identified outcome. Changes are made to the plan as needed. 

• Preserve pupils’ ability to learn 
• Fulfill existing state requirements and policies regarding pupils’ health 

• Contain health care costs through preventive programs and education" 

• Conduct immunization programs pursuant to California Education Code, Section 49403, of the California Code of Regulations. 

• Assess and evaluate the health and developmental status of pupils. 
• Interpret the health and developmental assessment to parents, teachers, administrators, and other professionals directly concerned with the pupil. 
• Design and implement individual student health maintenance plans, incorporating plans directed by a physician. 
• Refer the pupil and parent or guardian to appropriate community resources for necessary services. 
• Maintain communication with parents and all involved community practitioners and agencies to promote needed treatment and secure reports of findings pertinent to educational planning. 

• Interpret medical and nursing findings appropriate to the student’s individualized education program and make recommendations to professional personnel directly involved. 
• Consult with, conduct in-service training for, and serve as a resource person to teachers and administrators. 
• Develop and implement the health education curriculum. 
• Act as a participant in implementing a comprehensive health instruction curriculum for students. 
• Counsel and assist pupils and parents in health-related and school adjustment services. 

• Teach health-related subjects under the supervision of a classroom teacher 

Plan Review (Annual Review) 

• Modify the IEP or program, including the provision of related services and other support services. 
• Discuss the appropriateness of current goals and make changes as appropriate based on data and input from members of the IEP team. 
• Review and discuss the appropriateness of the current educational program and/or placement. 

Eligibility Evaluation (Triennial Review) 

• The present levels of performance. 
• The educational needs of the student. 

• Whether the student continues to have a disability. 
• Whether the student continues to need special education and related services. 
• Whether the student requires any additions or modifications to the educational program to meet their annual goals and participate in the general curriculum. 

• Upon parent or teacher request (document on assessment plan) [EDC § 56381(a)]. 
• At least once every three years (for students in special education), unless the parent and the local educational agency agree, in writing, that a reassessment is unnecessary [EDC § 56381(a)]. 

• When dismissal from special education is being considered [EDC § 56381(h)].  

• If a substantial change has been observed in the student’s academic performance or disabling condition. 
• If the IEP team suspects that the student has an additional area of eligibility for Special Education or needs that have not been previously assessed/accurately assessed. 
• A request for a change in placement may trigger a reassessment, particularly when the new placement is more restrictive. This is suggested, but not required by IDEA. Assessment prior to a placement change will ensure that the student’s eligibility is accurate, that appropriate needs have been defined via past assessments, and that supports, goals, and services reflect identified needs. 

Useful Links:

General Guidelines 

What are Accommodations? 

What are Modifications? 

How to Determine the Appropriate Adaptations to Curriculum 

Introduction 

Impact of Curricular Adaptations on Grades 

Accommodations 

Impact of Accommodations on Grading 

Modifications 

Impact of Modifications on Grading 

Considerations When Grading a Student with an IEP 

Practices to Consider  

• Establish and follow a clear grading policy based on criteria set for aligning progress toward grade-level standards. 
• Ensure general and special education teachers are reviewing data and collaborating on progress toward grade-level standards or meeting the grading criteria set forth in the student’s IEP. 
• Use a variety of objective assessment methods to monitor student progress toward reaching grade-level standards or progress on alternate achievement standards. For example: 

• • Monitoring daily assignments 
  • Multiple testing formats  

• • • Multiple choice, cloze technique, short answer, and long answer responses) 

• • Performance assessments based on portfolios, demonstrations, projects, and presentations 
  • Observation of student learning and growth 
  • Checklists 
  • Rubrics 

• • Student self-assessment 
• When averaging several scores over an extended period of time, provide proportionate weight to individual scores, ensuring that low scores in the grading period don’t discourage the student and overshadow higher scores in the grading period. It is important to ensure that on formative assessments, a student is provided the opportunity to practice a skill without being penalized on their final grade. On the other hand, it is important that scores on the summative assessment are not so heavily weighted that a low score brings down the grade so significantly and diminishes the effort a student put into learning a new skill or offsets student mastery of that particular skill. 

Practices to Consider Avoiding 

• Avoid traditional grading practices that are fixed. Instead, create a flexible grading system that promotes student success at the beginning of a unit/learning a new skill/standard. Allow frequent opportunities for practice, feedback, and corrections for improved performance and work production. 
• Avoid placing an uneven amount of weight on non-academic factors, such as behavior, attendance, and effort, into the final grade. Consider evenly distributing the weight of non-academic factors, while ensuring that formative and summative assessments are appropriately proportioned in a way that the grade is an accurate reflection of mastery of standards and curriculum combined with the learning process that a student experiences along the way. 

• Avoid penalizing students’ multiple attempts to mastery. For example, avoid grading policies such as, “a student may retake a test, but the highest grade one could receive is a B.” or “a student may correct missed math problems, but will only earn half a point of credit for each one.” Consider allowing the students’ grades to adequately reflect the level of mastery a student has achieved toward grade-level standards, even if it is after multiple opportunities for practice and/or assessments. 
• Avoid placing heavy weight that homework has on a student’s grade, especially if they are failing because of a homework issue. Homework is intended for students to rehearse content already mastered or provide opportunities to practice new skills without being penalized. Ensure that homework is designed in a way that encourages student engagement, is accessible for all, and provides opportunities to practice skills. Then, provide options to grade based on the meaningful learning that occurs through the process. 
• Avoid withholding accommodations when they are needed. If an accommodation, such as a graphic organizer, is used to support students in organizing their thinking/writing during day-to-day instruction, then ensure this accommodation is provided during assessments. 
• Avoid assessing students in ways that do not accurately indicate their mastery. Ensure students are being assessed in a way that measures what a student has learned. For example, a student with low writing skills and high artistic skills may be able to best demonstrate their learning through art, yet a student with low artistic skills and high writing skills would not be able to demonstrate mastery of content using art. 

• Avoid extra credit and bonus points, as it could alter a grade’s accuracy for measuring what a student has mastered. 
• Avoid group grades that may not accurately reflect what a student learned and how they came to learn it. Ensure there are multiple areas evaluated, including content mastery, collaboration or participation, meeting deadlines, and presentation or style, so that each person in a group can be graded based on their personal performance. 
• Avoid grading on a curve. Grades that are used to document progress, provide feedback, and assess mastery of content are based on a set of criteria. Therefore, grades should be based on a student’s demonstration of knowledge and skills based on the set criteria. 

• Avoid recording zeros for work not done, as this may skew the grade to a point where the accuracy is distorted. Instead, consider removing some of the work not completed from the overall grade, providing a mark of not-graded, or providing more weight to the assignments completed. 
• Avoid using norm-referenced terms to describe criterion-referenced attributes. When grading based on grade level standards, report on how a student is progressing toward that standard, not how the student is performing in comparison with their peers. Avoid using the term “average” and instead, use “standard met” or “approaching standard.” 
• Avoid grade penalties due to behavior. 

Report Card Requirements 

Student Transcripts 

Why Retention? 

Research Related to Retention 

Promotion Criteria for Students with Disabilities 

Retention of Students with Disabilities 

• Does the current IEP address the student’s academic, linguistic, social, emotional, and behavioral needs? 
• Are accommodations and modifications as indicated in the IEP appropriate? 
• Were all the services required by the student to make progress in the general education curriculum appropriately identified in the student’s IEP? 
• Were the linguistic needs of English Learners appropriately identified? 
• Did the student receive all the services identified in the IEP? 

• Was the student’s promotion standard appropriate and clarified in the IEP? 
• Was Extended School Year (ESY) considered? 

Alternatives to Retention 

• Encourage parent/guardian involvement in their student’s education through frequent contact with teachers, supervision of homework, etc. 

• Adopt age-appropriate, culturally sensitive, and linguistically appropriate instructional strategies that accelerate progress in all classroom settings. 
• Incorporate systematic assessment strategies, including continuous progress monitoring and formative evaluation, to enable ongoing modification of instructional efforts. 
• Provide effective early intervention academic and mental health programs. 
• Consider developing a school-wide Multi-Tiered System of Supports (MTSS) to bolster academic and behavioral progress for all students. 
• Use student support teams to assess and identify specific learning or behavior problems, design interventions to address those problems, and evaluate the efficacy of those interventions regularly. 

• Use effective behavior management and cognitive behavior modification strategies to reduce classroom behavior problems. 
• Provide appropriate education services for students with disabilities, including collaboration between regular, remedial, and special education professionals. 
• Offer extended year, extended day, and summer programs that focus on facilitating the development of academic skills as needed. 
• Implement tutoring and mentoring programs with peer, cross-age, or adult tutors. 
• Incorporate comprehensive school-wide programs to promote the social, emotional, and academic skills of all students.

Definition of a Parent under IDEA 

• A biological or adoptive parent of a child. 
• A foster parent‐‐unless state law, regulations, or contractual obligations with a state or local entity prohibit a foster parent from acting as a parent. 
• A guardian is authorized to act as the child’s parent, or authorized to make educational decisions for the child (but not the state if the child is a ward of the state). 
• An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare. 
• A surrogate parent appointed in accordance with when a parent cannot be identified, and the school district cannot discover their whereabouts. 

• A surrogate parent may also be appointed if the child is an unaccompanied homeless youth, an adjudicated dependent or ward of the court under the state Welfare and Institution Code and is referred to special education or already has an IEP.  

Divorced Parent 

Notice of Meeting 

• Provide notice of an IEP meeting to parents early enough to ensure that they have the opportunity to attend the meeting. (For further information, see the "Meeting Notice" section of the Procedural Guide) 
• Schedule the meeting at a mutually agreed upon time and location. 

• Indicate the purpose, time, and location of the meeting and who will be in attendance (note: personnel should be listed by title, not actual name); 
• Inform the parents of the participation of other individuals on the IEP Team who have knowledge or special expertise about the student; 
• For a student with a disability, beginning no later than the first IEP to be in effect when the student turns 16 years of age (or younger if determined appropriate by the IEP Team), the notice also must: 
• Indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the student; 
• Indicate that the LEA/district will invite the student; and 

• Identify any other agency that will be invited to send a representative. 

Meaningful Participation of Parents 

1. The identification, evaluation, and educational placement of the student; and 

1. The provision of a free and appropriate education (FAPE) to the student. 

Use of Interpreters or Other Action, As Appropriate 

Parent Copy of Student’s IEP 

Conducting an IEP Team Meeting Without a Parent in Attendance 

• Detailed records of telephone calls made or attempted and the results of those calls. 
• Copies of correspondence sent to the parents and any responses received. 
• Detailed records of visits made to the parent’s home or place of employment and the results of those visits. 
• Detailed records of attempts made via certified US mail and delivery confirmation information.  

• Decide where the conservatee will live. 

• Manage the conservatee’s social affairs. 
• Manage the conservatee’s financial affairs. 
• Examine the conservatee’s confidential records and papers. 
• Sign a contract for the conservatee. 
• Give or withhold consent for medical treatments. 

• Make decisions regarding education and vocational training. 
• Give or withhold consent to the conservatee’s marriage. 
• Control the conservatee’s sexual contacts and relationships. 

• A biological or adoptive parent of a child. 
• A foster parent‐‐unless state law, regulations, or contractual obligations with a state or local entity prohibit a foster parent from acting as a parent.
• A guardian is generally authorized to act as the child’s parent or authorized to make educational decisions for the child (but not the State if the child is a ward of the State).
• An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare.
• A surrogate parent is appointed in accordance with when a parent cannot be identified, and the school district cannot discover a parent’s whereabouts.
• A surrogate parent may also be appointed if the child is an unaccompanied homeless youth, an adjudicated dependent or ward of the court under the state Welfare and Institution Code and is referred to special education or already has an IEP.  

When to Appoint a Surrogate Parent 

• No parent can be identified; 

• The public agency, after reasonable efforts, cannot locate a parent; 
• The child is a ward of the State under the laws of the State, or the adult student is a ward of the court and has been found to be incompetent; 
• The child is an unaccompanied homeless youth as defined in Section 725(6) of the 

• The child is referred for Special Education. 

• Foster home 
• Private group home
• State hospitals and other health facilities
• Correctional facilities 
• Residential treatment centers 

• Documented phone calls 
• Letters, certified letters with return receipts 
• Documented visits to the parent’s last known address 

• The placement of an agency notice of a court order that terminates parents’ rights 

When a Surrogate Parent is Not Needed 

• The parent’s educational rights pertaining to the student have not been removed by a court. 

• The parent maintains educational rights and has appointed their own educational representatives for their child. 
• A court has appointed a guardian for the student. 
• The student was voluntarily placed in a residential facility. 
• The student is 18 years of age or older, and they do not have a conservator or guardian, regardless of the individual’s functional level. 

• The student is an emancipated minor. 
• The student is married. 
• The student has a legal guardian. 
• The student has someone "acting" as the child’s parent, such as a grandparent or other family member, and the child resides with this person and is defined as a "parent" according to 34 CFR §300.30. 

Who to Appoint as a Surrogate Parent 

Responsibilities/Expectations of a Surrogate Parent 

• Identification 
• Assessment 
• Instructional Planning and Development of the IEP 
• Educational Placement 
• Reviewing and Revising the IEP
• Other matters related to a free and appropriate public education (FAPE) 

Monitoring Surrogate Parents 

• The child is no longer in need of special education;
• The student reaches the age of majority;
  • The age of majority is the legally defined age at which a person is considered an adult, with all the attendant rights and responsibilities of adulthood.
• The biological parent is found, or the court restores educational rights to the parent. 

Surrogate Parent Safeguards 

• Is held harmless by the State of California during the execution of duties except when actions are found to be wanton, reckless, or malicious. 
• May inspect and have copies of all student educational records.
• Has permission to request changes when inappropriate or inaccurate information is contained in the student’s records.
• Should be informed about assessment procedures, tests, and all results.
• May seek an Independent Educational Evaluation (IEE).
• Shall participate fully in the planning of the student’s IEP.
• Can decide if the proposed offer of FAPE is appropriate for the student by either signing or refusing to sign the IEP.
• Should receive progress reports and regular routine communications.
• May request a teacher conference, new evaluation, or IEP as deemed necessary by the surrogate.
• Should be notified in writing when the school proposes any educational changes.
• May initiate due process proceedings.
• Should be informed if any due process proceedings have been initiated.
• Receives information about all other State and local agencies that provide services to special education students (EDC §56050(b)).

Useful Links:

Parental Consent 

• The parent has been fully informed of all information relevant to the activity for which consent is sought, in their native language, or through another mode of communication. 
• The parent understands and agrees in writing to the carrying out of the activity for which their consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom. 
• The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time. 
• If a parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked). [34 CFR 300.9] 

Revocation of Consent 

• May not continue to provide special education and related services to the student and must provide Prior Written Notice (PWN) before ceasing services that explains the change in the educational program that will result from the parent’s revocation of consent. The provision of this notice gives parents the information and time to fully consider the ramifications of the revocation of consent. The PWN should include a copy of parental rights.  
• May not use mediation or due process procedures to obtain a ruling that services may be provided to the student. 

• Will not be considered to be in violation of the requirement to make Free and Appropriate Public Education (FAPE) available to the student because of a failure to provide further services. 
• Is not required to convene an IEP team meeting or develop an IEP for the student. 

When Parents Do Not Agree with One Another 

• Request records from previous LEA/district as soon as student is enrolled in the new LEA. 
• If the previous LEA/district did not use SEIS, manually enter student information to create a new student record (SELPA minimum requirement is CASEMIS A&B tabs). 

• Complete the “Interim Placement Form” (located in the SEIS Document Library) and give it to parents. Obtain parental signature. The special education services will begin on the first day of attendance. The LEA/district will provide the student with a Free Appropriate Public Education (FAPE), including services comparable to those described in the previously approved IEP. 
• Current information, records, and reports from the previous LEA/district will be reviewed and utilized to develop an Interim IEP. Prior to the Interim (30 day) IEP meeting, the LEA/district will determine if any additional assessment is required in order to determine student’s educational needs and make program recommendations. If an additional assessment is required, an assessment plan will be developed, and parent’s signature obtained. 
• An Interim (30 day) IEP meeting is held to review the placement/offer of FAPE (including review of goals, accommodations & modifications, services and educational environment, etc.) within 30 days of the student’s first day of instruction. 
• At this Interim (30 day) IEP meeting the LEA/district will adopt the previously approved IEP or develop and implement a new IEP based on updated assessment results and/or review of records. 

What is Home and Hospital Instruction? 

Home and Hospital Instruction (HHI): Eligibility 

Home and Hospital Instruction: Credentialing 

What is Home Instruction? 

Home Instruction: Eligibility, Services, and Teacher Requirements 

• Student has been identified as having exceptional needs (IEP or 504) 
• IEP team has recommended home instruction 
• IEP team recommendation is based on a medical report which:
  • Is from the student’s attending physician, surgeon, or psychologist;
  • States the diagnosed condition;
  • Certifies that the student’s condition prevents attendance in a less restrictive setting; 

• • Contains a "projected calendar date for student’s return to school." 

• The coursework to be covered; 
• Books or other materials to be used; and 
• Who is responsible for issuing grades and/or promoting the student? 

• Hours earned toward course credit in each subject; 

• Student’s grade in each subject; and 
• Who will issue credit or diploma when work is completed. 

Home Instruction: Credentialing 

What is Independent Study? 

• As a program or class within a comprehensive school 
• Through an alternative school or program of choice (EDC §58500 et seq) 
• Through charter schools 
• Through board-approved online courses
• As an accommodation for pupil travel
• As specialized and/or advanced courses
• As a credit recovery method
• On a short-term basis (less than 15 total school days per school year) 

• The percentage of time the student will participate in independent study. 
• The percentage of time to be spent in regular education, if any. 
• The percentage of time the student will receive special education support.
• Discussions of the placement options and supports considered in developing an independent study program for a student with special needs.
• The academic goals and services that are unique to the needs of the special education student.
• The accommodations and related services needed to maximize access in an independent study placement.
• A plan that outlines the course of study as it relates to the independent study curriculum. 

Recommended Links:

Useful Links:

School-Sponsored Non-Academic and Extracurricular Activities 

• Has a physical or mental impairment that substantially limits one or more major life activities; 
• Has a record of such impairment; or 
• Is regarded as having such an impairment. 

• Counseling services 
• Athletics 
• Transportation 
• Health services 

• Recreational activities 
• Special interest groups, clubs, or before/after school daycare sponsored by the public agency 
• Referrals to agencies that provide assistance to individuals with disabilities 
• Employment of students, including both employment by the public agency and assistance in making outside employment available. 

Field Trips 

• If the purpose of the field trip is related to curriculum and the student with disabilities is not studying that curriculum (ie. a field trip to a local museum that is intended to supplement a social studies curriculum, but the student with the disability does not participate in the general social studies curriculum, the student may be excluded from the trip). 
• If the school has applied behavior and attendance rules to students with disabilities if they are applied equally to their non-disabled peers, and the student breaches the LEAs/district’s behavior or attendance policy. 
• If the LEA/district believes participation presents an unacceptable risk to the student’s health or safety. 

• Independent Study Homepage  
• 2022-23 Changes to Independent Study 

• Independent Study Guide  
• Independent Study Frequently Asked Questions  
• Assembly Bill 181: Special Education and Independent Study 

• As a program or class within a comprehensive school 
• Through an alternative school or program of choice (EDC §58500 et seq) 

• Through charter schools 
• Through board-approved online courses 
• As an accommodation for student travel 
• As specialized and/or advanced courses 
• As a credit recovery method 

• On a short-term basis (less than 15 total schooldays in a school year, see below for additional information) 

• Short-term independent study refers to a student’s participation in independent study for fewer than 15 cumulative instructional days in a school year. Once the student has participated in independent study for 15 days in a school year, it is no longer short-term.  

• LEAs/districts are exempt from the requirements to provide tiered re-engagement strategies, daily live interaction, synchronous instruction, and of returning the student to in-person instruction within five instructional days (EDC § 51747(h)(2)(i)).  
• With the exception of the information provided above, there is no further distinction in legal requirements between short-term and long-term independent study. 
• The student’s classroom teacher often serves as the independent study supervising teacher and provides the independent study assignments (coursework the student would have covered had they remained in the classroom during this period). 
• For students scheduled for less than 15 school days, the written agreement shall be signed within 10 school days of the commencement of the first day of enrollment in independent study. 
• Final determinations regarding the participation of students with disabilities in short-term independent study, including the provision of special education-related services, must be agreed upon by the IEP team and reflected in the Independent Study Written Agreement. For more information, please refer to the Considerations for Students with Disabilities section below. 

• Long-term independent study refers to a student’s participation in independent study for 15 or more cumulative school days in a school year. Students may participate in independent study on a full-time basis or in conjunction with courses taken in a classroom setting.  
• For students scheduled for more than 14 school days, the written agreement shall be signed before the commencement of independent study. 
• Final determinations regarding the participation of students with disabilities in long-term independent study, including the provision of special education-related services, must be agreed upon by the IEP team and reflected in the Independent Study Written Agreement. For more information, please refer to the Considerations for Students with Disabilities section below. 

• The percentage of time the student will participate in independent study. 
• The percentage of time to be spent in regular education, if any. 
• The percentage of time the student will receive special education support. 

• Discussions of the placement options and supports considered in developing an independent study program for a student with special needs. 
• The academic goals and services that are unique to the needs of the special education student. 
• The accommodations and related services needed to maximize access in an independent study placement. 
• A plan that outlines the course of study as it relates to the independent study curriculum. 

• Specific information pertaining to the independent study written agreement. 
• Educational opportunities offered through independent study. 
• The maximum length of time which may elapse between the time an independent study assignment is made and the date by which the student must complete the assigned work. 

• An explanation that the student will have access to the same services and resources of the LEA/district in which they are enrolled, as is available to other students enrolled in the LEA/district. 
• The provisions of independent study and restrictions for providing independent study as an alternative curriculum, as a program for the temporarily disabled, and the exclusive method of course offerings for high school graduation. 
• Procedures to address the enrollment process for students with disabilities and the need for an Individualized Education Program (IEP) team decision for placement in an independent study program for a student with exceptional needs. 

• Assessments and the individual student needs including: 

• Social-emotional 

• Behavioral 
• Social skill development of the student, including needs for social interaction, peer modeling, and generalization of skills learned with peers 
• If face-to-face assistance is required and if so, how much  
• Accommodations and/or modifications 

• IEP goals based on the student’s individual needs, including progress on IEP goals which are individually monitored 

• Services and supports that are required to meet the student’s needs within the independent study program. This includes all related services such as, but not limited to, specialized academic instruction, occupational therapy, speech and language services, educationally relevant mental health (ERMHS) services, behavior intervention services, assistive technology services, etc. 
• Where and how special education services will be delivered- including the frequency, duration, and how and where the student will access service minutes 
• Assistive technology needed to access the curriculum 
• Transportation (see transportation section of the procedural guide for additional guidance) 
• Progress monitoring and program review to ensure that the independent study program continues to be appropriate and the student continues to receive educational benefit 

• Extended time on lessons and tests 
• Flexibility in start and end dates 
• Continuous means of communication 

• Parent/guardian communication of progress 
• Prepared notes/reviews 
• Clear rubrics 
• Appropriate placements by skill level 
• Working in a closely supported environment 

• Varied activity formats 
• Screen readers and talking browsers 
• Daily lesson planning with the student; just-in-time remediation 

• On-screen keyboards 
• Grammatical support tools 
• Braille embosser and text to Braille conversion 
• Animated signing characters (signing avatars) 
• Switches 

• Alternative mouse systems 
• Word prediction 
• Accessible online learning tools 
• Alternative keyboards 
• Display-based personal data assistants 

• Voice recognition systems 

Defining Extended School Year Services 

Legal Guidelines 

• Each public agency must ensure that extended school year services are available as necessary to provide a Free Appropriate Public Education (FAPE). 

• ESY services must be provided only if a student’s IEP team determines, on an individual basis, that the services are necessary for the provision of FAPE to the student. 
• In implementing this section’s requirements, a public agency may not limit extended school year services to particular categories of disability or unilaterally limit the type, amount, or duration of those services. 

General Guidelines 

• The key question before the IEP team is whether the student needs ESY services to secure the minimum benefits of a free and appropriate public education during the regular school year.
• ESY services do not need to duplicate the services provided during the school year because the purpose is different (prevent regression rather than continued progression). A student may require ESY services in only one area (e.g., speech and language) but not in other areas (e.g., specialized academic instruction).
• When an IEP team discusses ESY services, they should consider the student’s current placement to avoid placing the student in a restrictive environment for ESY services.
• The determination of ESY eligibility must be based on empirical and qualitative data collected by the IEP team members for the student’s individual skills.
• The IEP should clearly indicate the start date, end date, frequency, and duration of the ESY services. 

Regression and Recoupment 

Other Factors When Determining the Need for ESY Services 

• The degree of progress toward IEP goals and objectives
• Emerging skills/breakthrough opportunities
• Will a lengthy summer break cause significant problems for a student learning a key skill, like reading or speaking?
• Interfering Behavior
• Does the student’s behavior interfere with their ability to benefit from special education?
• Nature and/or severity of disability
• Special circumstances that interfere with a student’s ability to benefit from special education 

Types of Graduation Options

• A diploma based on the state-mandated requirements, 
• A diploma based on A-G requirements, or 
• A charter school may set its own diploma requirements, 
• A certificate of completion

Termination of Special Education Services 

Certificate of Completion or Regular High School Diploma 

Additional Pathway to High School Diploma for Students with Significant Cognitive Disabilities 

Effective June 30, 2022, California Education Code section 51225.31 established a new high school diploma pathway exclusively for students with significant cognitive disabilities in alignment with the federal Every Student Succeeds Act ("ESSA") (20 U.S.C. § 7801(23)(A)(ii)(I)(bb)). 

California High School Proficiency Examination (CHSPE) 

Graduation Checklist 

• Schedule an IEP Amendment to be held within the last 8-10 weeks of school to address:
• Update Present Levels of Performance
• Complete SEIS Post-Secondary Exit Page 1 and Page 2
• Ensure the student’s "Age of Majority" information has been discussed with the student and documented on the SEIS Individual Transition Plan page 2 form.
• Provide the parent1 with a copy of the most recent eligibility evaluation reports, most recent IEP documents, and a copy of the documents completed at the amendment 

• Send the parent a Prior Written Notice (PWN) confirming the student has met the requirement to graduate with a high school diploma. The notice shall also specify that the Individuals with Disabilities Education Act (IDEA) states that students who receive a high school diploma are no longer eligible to receive a Free Appropriate Public Education (FAPE). As a result, the student’s graduation is a change in placement, and upon graduation from high school the student will no longer be eligible for special education-related services. Lastly, the notice should include contact information for the LEA/district, should the parent disagree with the determination.

Helpful Links: 

El Dorado SELPAs Transportation Guidelines 

California Department of Education (CDE) Special Education Transportation Guidelines 

Legal Requirements Regarding Special Education Transportation 

Length of School Day, Related Services, Extracurricular Events 

Transportation in IEPs 

Transportation Options 

• How, when and from/to where the transportation will be provided  

• When arrangements for the reimbursement of parents are required, the amount and frequency of reimbursement.  

• That the student is entitled to transportation; 
• That parents are knowledgeable about their special education rights; 
• That parents prefer to provide their own transportation without the involvement of the LE/district; and 
• An explanation of how the reimbursement will be calculated. 

• Functional assistance 
• Whether an excessive amount of equipment is involved 
• Normalcy of the student’s appearance in using the device 
• Family’s acceptance of the device 
• Student’s acceptance of the device 

Participation of Transportation Personnel and Administrators/Designees in IEPs

• Student needs the use of adaptive or assistive equipment 
• School bus equipment is required to be modified 
• Student exhibits severe behavioral difficulties, and a Behavior Intervention Plan (BIP) is to be implemented 
• Student is medically fragile and requires special assistance
• Student has other unique needs 

Special Education Transportation Evaluation 

Key Considerations When Determining Need for Transportation  

• Medical diagnosis and health needs: consideration of whether long bus rides could affect a student’s health (duration, temperature control, need for services, health emergencies); general ability and/or strength to ambulate/wheel; approximate distance from the school or the distance needed to walk or wheel oneself to the school; consideration of student needs in inclement weather.
• Physical accessibility of curbs, sidewalks, streets, and public transportation systems.
• Consideration of a student’s ability to arrive at school on time, to avoid getting lost, to avoid dangerous traffic situations, and avoid other potentially dangerous or exploitative situations on the way to and from school.
• Behavioral Intervention Plans (BIP) specified by the student’s IEP and consideration of how to implement such plans while a student is being transported.
• Mid‐day or other transportation needs as required on a student’s IEP (occupational or physical therapy or mental health services at another site, community-based classes, etc.) must also be taken into consideration when the IEP team discusses a student’s placement and transportation needs.
• Extended school year services should be another consideration of a student’s need for transportation if considered necessary to provide a free appropriate public education as specified in a student’s IEP. 

IEP Goals and Services to Increase Transportation Independence 

• Develop an awareness of the environment in which they live; and 
• Learn the skills necessary to move effectively and safely from place to place within that environment (e.g., in school, in the home, at work, and in the community.” 

Bus Suspension 

• Has been transporting the student;
• Suspends the student from transportation as a disciplinary measure; and
• Does not provide another mode of transportation. 

Referral to Special Schools and Services for Further Assessment

• Prior to referring a student for further assessment to California Schools for the Deaf or Blind or to one of the Diagnostic Centers, assessments shall first be conducted locally within the LEA’s/district’s capabilities. Results of local assessments shall accompany the referral request. The reason for the referral shall be discussed with the parent1.