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

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

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

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

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

6. 15 Days for School To Respond to Assessment Request
ASSESSMENT NOT APPROPRIATE
ASSESSMENT APPROPRIATEE
Parent/ERH will receive a written notice that the request for assessment is not appropriate at the present time.
Bulletin Attachment A
Parent may appeal this decision using a dispute resolution
Parent/ERH will receive two forms:
Special Education Assessment Notification and
Special Education Assessment Plan.

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

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

9. Assessment Forms

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

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

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

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

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

16. 10 Day IEP Notification
The school will provide a written 10-Day IEP Notification,
Notification to Parent/Guardian to Participate in Individualized Education Program Meeting
This notice will include:
the date
time
and place of the meeting
the reason for the meeting
and who will be at the meeting

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

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

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

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

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

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

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

24. Resources for Parents/ERH
Division of Special Education, LAUSD
(213)
District’s Complaint Response Unit/Parent Resource Network (CRU/PRN)
(800)
Community Advisory Committee (CAC)

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

26. We’re Finished!