• 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 parents* 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 

• 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.

• 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. 

• 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) 

• 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) 

• 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 

• 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 

• A description of the action proposed or refused by the LEA/district;
• An explanation of why the LEA/district proposes or refuses to take the action;
• A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;
• 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;
• Sources for parent(s) to contact to obtain assistance in understanding the provisions of this part;
• A description of other options considered by the IEP Team and the reason why those options were rejected; and
• A description of the factors that are relevant to the LEA’s/district’s proposal or refusal. 

• When a parent* 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)).  

• Health and developmental history 
• Vision, including low vision, and hearing (must be completed within the past year and before conducting assessments) 
• Motor Abilities 
• Speech and language functioning  
• General intelligence or cognitive abilities* 
• Processing skills  
• Academic achievement  
• Adaptive skills  
• Orientation and mobility skills 
• Career and vocational interests (transition planning) 
• Social, emotional, and/or behavioral functioning  
• Any other area of suspected disability 

• A copy of the Notice of Procedural Safeguards 
• 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.  

• 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. 

• 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)].  

• 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. 

• 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. 

• Continue to appropriately progress in the general education curriculum

• Continue to receive services or progress on goals listed on their IEP; and
• Participate with non-disabled peers to the extent dictated by their IEP.

• The removal is for more than 10 consecutive school days; or
• The child has been subjected to a series of removals that constitute a pattern when:
  • A series of removals totaling more than 10 school days, within a single school year;
  • The student’s behavior is substantially similar to their behavior in previous incidents that resulted in the series of removals; and
  • Additional factors, such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another

• Current/past health and medical information
• Current/past assessments
• Current/past IEPs
• Current/past teacher observations,
• Any relevant information provided by the parents

• Parent*
• LEA/District Representative
• Any relevant members of the IEP team as determined by the parent and the LEA/district

• Was the conduct in question caused by the student’s disability (medical or educational), or did it have a direct and substantial relationship to the disability?
• Was the conduct in question the direct result of the LEA/district’s failure to implement the IEP?

• Conduct a Functional Behavioral Assessment (FBA), unless the LEA/district had conducted an FBA before the behavior that resulted in the change of placement occurred, and implement a Behavioral Intervention Plan (BIP) for the child; or

• If a BIP already has been developed, review the BIP and modify it, as necessary, to address the behavior.

• The LEA/district must determine whether the behavior constitutes “special circumstances” under which a student may be removed to an Interim Alternative Educational Setting (IAES) for up to 45 school days.  
• Convene an MDR meeting within 10 school days of the decision to start the expulsion process, see Manifestation Determination Review Meeting Requirements.
  • At the MDR meeting, the team must review all relevant information regarding the student, including information on the specific conduct leading to disciplinary action.
  • After fully reviewing all relevant information, the team must answer the following two questions:
    • Was the conduct in question caused by the student’s disability or did it have a direct and substantial relationship to the student’s disability?
    • Was the conduct in question the direct result of the Charter’s failure to implement the IEP?
• The procedures vary based on whether the team determines the behavior was a manifestation of the student’s disability.

• • When the behavior is a manifestation of the student’s disability, the LEA/district may not go forward with the expulsion and return the student to the placement from which the student was removed, unless an IEP meeting is convened, and a new placement is agreed upon. The LEA/district must also conduct a functional behavioral assessment (FBA), unless an FBA was completed before the behavior occurred, and implement a behavior intervention plan, or if a behavior intervention plan has been developed, review it, and modify it as necessary to address the behavior.
  • If the behavior is not a manifestation of the student’s disability, then the LEA/district may go forward with expulsion proceedings used for all students. However, the student is still entitled to FAPE 34 CFR §300.530 (b). Therefore, the IEP team must convene and develop a program and placement. (See Program and Placement for Students Who Are Expelled) The student must receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, designed to address the behavior violation to prevent the behavior from occurring again.

• A student with a disability who is expelled from the student’s current placement must:
  • Continue to receive educational services to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP;

• Adopt written procedures for resolving complaints

• Include remedies for the denial of appropriate services
• Specify minimum requirements for the state’s complaint procedures
• Contain procedures for complaints related to due process hearings
• Include procedures for filing a CDE complaint
• Specify the timeline for filing a complaint

• Provide model complaint forms 

• A statement that the LEA/district has violated special education law
• Facts on which such statements are based

• Signature and contact information for the complainant
• Student’s name, address, and school if alleged violations are student specific
• Proposed resolutions

• Allegation summary
• General investigation procedures
• Applicable law and regulation

• Finding of facts
• Report conclusions (compliance or noncompliance)
• Corrective actions and timelines, if applicable

• Convene a new IEP meeting
• Conduct further assessments
• Submit plans outlining proposals to correct violations and prevent future ones

• Initiate personnel training in the area(s) of violation(s)
• Provide compensatory education or reimbursement
• Review and revise procedures and practices
• Participate in monitoring and reporting activities

• Cooperate with any complaint investigation and provide any requested documentation in a timely manner. Failure to respond may result in a finding and remedy in favor of the complainant.
• Submit all documentation regarding the complaint
• Offer a resolution session [alternative dispute resolution (ADR)] to resolve concerns that prompted the complaint. This step is voluntary. For more information, please reference the section of this guide titled “Due Process and Mediation.”