Policy – Category 5000 (Students) BP 5001 – Identification and Referral of Individuals for Special Education
Charter schools are currently authorized to serve school-age students (Grades 1-12; Education Code § 47610(c) ). If at any time the authorization changes, the Charter school would follow all state and federal laws regarding children birth to two and Child Find requirements. Charter schools will assist families and make appropriate referrals for any child they find who would be outside the age or area of responsibility of the Charter schools. The Charter LEA Chief Executive Officer (CEO) or designee shall implement the designated DMCS process to determine when an individual is eligible for special education services and shall implement the DMCS procedures for special education program identification, screening, referral, assessment, planning, implementation, review, and triennial assessment (Education Code § 56301) . The Charter LEA’s process shall prevent the inappropriate disproportionate representation by race and ethnicity of children with disabilities. Note: The Individuals with Disabilities Education Act (IDEA), Title 20 of the United States Code § 1412(a)(3), requires that the Charter LEA's "child find" identification system include identification of children with disabilities resident in the Charter LEA including highly mobile children with disabilities, such as migrant and homeless children. Services for a private school student, in accordance with an Individualized Education Program (IEP), must be provided by the Charter LEA at no cost to the parent, unless the Charter LEA makes a Free Appropriate Public Education (FAPE) available to the child and the parent chooses to enroll the child in that private school. If the public school is providing services to the child, these services may be provided on the premises of the private school, including a parochial school, to the extent consistent with other provisions of law. Title 34 of the Code of Federal Regulations § 300.451 requires the Charter LEA to consult with appropriate representatives for private school students on how to carry out the "child find" requirement. The Charter LEA CEO or designee shall implement the designated DMCS’s method whereby parents, teachers, appropriate professionals, and others may refer an individual for assessment for special education services. Identification procedures shall be coordinated with school site procedures for referral of children with needs that cannot be met with modifications to the general instructional program (Education Code § 56302). For assessment purposes, staff shall use appropriate tests to identify specific information about the child’s abilities in accordance with Education Code § 56320. The Charter LEA CEO or designee shall notify parents in writing of their rights related to identification, referral, assessment, instructional planning, implementation, and review, including the DMCS’s procedures for initiating a referral for assessment to identify individuals who need special education services (Education Code § 56301) . The referral for special education assessment is the first step taken when it is suspected that a child will require special education supports and services to be successful in the
BP 5001 – Identification & Referral of Individuals for Special Education Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev.08/21)
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