CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction California Department of Education Special Education Self- Review Training Policy and Procedure Review SELPA Governance Review March 2008

JACK O’CONNELL State Superintendent of Public Instruction Purpose Policy and procedures are reviewed to ensure that districts and SELPAs meet federal requirements to have policies and procedures in place. In June 2007, all SELPAs submitted a new Annual Service and Budget Plan. The new Service and Budget plan included policy statements covering each of the required areas. For the purposes of these reviews, no other policy statements are required to demonstrate compliance with federal requirements. However, these plans included assurance that policies and procedures related to these areas were on file locally. Thus, the focus of this Policy and Procedure Review is to review: –Any additional local (board) policies that may further clarify District or SELPA policy; and –Local procedures/guidelines/practices that are used to carry out SELPA and District policies.

JACK O’CONNELL State Superintendent of Public Instruction The Review of Policies and Procedures is Focused The focus is on those areas that are generated through the software (frequent non-compliance and Monitoring Plan items). When reviewing policies and procedures, it is important to note that the absence of a written procedure or clarifying policy is not evidence of non-compliance Non-compliance is established by identifying written policies and procedures that do not comply or, in the absence of written policies and procedures, practices that are contrary to the requirements of state or federal law and regulations. Use the Policy and Procedures forms (generated by the Database Software) to review procedures/guidance documents.

JACK O’CONNELL State Superintendent of Public Instruction The Policy and Procedure form includes the same information as the Student Record form: Item No., Compliance Test, Compliance Standard and Guidance. The reviewer should assess policies and procedures using the Compliance Test and Legal Citations primarily, as the Compliance Standard and Other Guidance are written chiefly for Student Record Review use.

CALIFORNIA DEPARTMENT OF EDUCATION Jack O’Connell, State Superintendent of Public Instruction SELPA Governance Review Activities

JACK O’CONNELL State Superintendent of Public Instruction SELPA Governance Review Activities Local Plan Policies and Procedures Implementation of the Local Plan Budget and Service Plans Mental Health Agreement

JACK O’CONNELL State Superintendent of Public Instruction 30 EC 56205(a) Each special education local plan area submitting a local plan to the Superintendent under this part shall ensure, in conformity with subsection (a) of Section 1412 of, and paragraph (1) of subsection (a) of Section 1413 of Title 20 of the United States Code, that it has in effect policies, procedures, and programs that are consistent with state laws, regulations, and policies governing the following: (22 areas required by state and federal law). Local Plan Policies and Procedures

JACK O’CONNELL State Superintendent of Public Instruction Purpose In June 2006, all SELPAs submitted a new Local Plan. This Local Plan included policy statements covering each of the required areas. For the purposes of these reviews, no other policy statements are required to demonstrate compliance with federal requirements. However, these plans included assurance that policies and procedures related to these areas were on file locally. Thus, the focus of this Policy and Procedure review is to review whether the SELPA has procedures, or ensures that each LEA has procedures to address the activities in each of the federal requirement areas.

JACK O’CONNELL State Superintendent of Public Instruction Compliance Test – Local Plan

JACK O’CONNELL State Superintendent of Public Instruction Implementation of the Local Plan 30 EC In addition to the provisions required to be included in the local plan pursuant to Chapter 3 (commencing with Section 56205), each special education local plan area that submits a local plan... shall develop written agreements to be entered into by entities participating in the plan...These agreements shall include, but not be limited to, the following: (c) Regionalized services to local programs, including, but not limited to, all of the following: (6) Provision for ongoing review of programs conducted, and procedures utilized, under the local plan, and a mechanism for correcting any identified problem.

JACK O’CONNELL State Superintendent of Public Instruction Compliance Test – Implementation of the Local Plan

JACK O’CONNELL State Superintendent of Public Instruction Annual Budget Plan 30 EC 56205(b) Each local plan submitted to the Superintendent under this part shall also contain all the following: (1) An annual budget plan that shall be adopted at a public hearing held by the special education local plan area… The annual budget plan shall identify expected expenditures for all items required by this part which shall include, but not be limited to, the following: (A) Funds received in accordance with Chapter 7.2 (commencing with Section 56836). (B) Administrative costs of the plan. (C) Special education services to pupils with severe disabilities and low incidence disabilities. (D) Special education services to pupils with nonsevere disabilities. (E) Supplemental aids and services to meet the individual needs of pupils placed in regular education classrooms and environments. (F) Regionalized operations and services, and direct instructional support by program specialists in accordance with Article 6 (commencing with Section ) of Chapter 7.2. (G) The use of property taxes allocated to the special education local plan area pursuant to Section 2572.

JACK O’CONNELL State Superintendent of Public Instruction Compliance Test – Annual Budget Plan

JACK O’CONNELL State Superintendent of Public Instruction Annual Service Plan 30 EC 56205(b)(2) An annual service plan shall be adopted at a public hearing held by the special education local plan area…The annual service plan shall include a description of services to be provided by each district and county office, including the nature of the services and the physical location at which the services will be provided, including alternative schools, charter schools, opportunity schools and classes, community day schools operated by school districts, community schools operated by county offices, and juvenile court schools, regardless of whether the district or county office is participating in the local plan. This description shall demonstrate that all individuals with exceptional needs shall have access to services and instruction appropriate to meet their needs as specified in their individualized education programs.

JACK O’CONNELL State Superintendent of Public Instruction Compliance Test – Annual Service Plan

JACK O’CONNELL State Superintendent of Public Instruction Mental Health Agreement Mental Health issues are examined in several ways in the review: –CASEMIS data re: 3632 (Dec 1 count); –Mental Health Service Provider Data (separate software); –IEP Implementation (District Review); –Interagency Agreement (SELPA Review).

JACK O’CONNELL State Superintendent of Public Instruction Partial Compliance Test – Agreement with Mental Health