Policy – Category 5000 (Students) BP 5001 – Identification and Referral of Individuals for Special Education
educational system. Parents, teachers, agencies, appropriate professionals, and other members of the public can make referrals. Once submitted, the referral initiates timelines that are specified in the Education Code. The purpose of the referral process is to afford the assessment team the opportunity to review the referring party’s identified areas of concern, previous attempts in program modification, relevant educational history, and other pertinent information about the child to determine areas in need of assessment. 2.0 Child Find It is the policy of the DMCS that children with disabilities age six through 21 be actively sought and identified by the public schools. The child find process includes a section of the Charter LEA’s annual notice to all parents that references the referral of children with disabilities. All children with disabilities and their parents are guaranteed their procedural safeguards regarding identification, assessment, and placement in special education programs. School personnel, parents, outside agencies working with the child, guardians and/or surrogate parents who show legal documentation of educational rights may all serve as sources of referral for a child for possible identification as a child with a disability. Such identification procedures shall be coordinated with school site and Charter LEA procedures for referral of children with needs that cannot be met with modification of the general education instructional program. California Education Code § 47640. For the purposes of this article, “local educational agency” means a school district as defined in Section 41302.5 or a charter that is deemed a local educational agency pursuant to Section 47641. As used in this article, “local educational agency” also means a charter school that is responsible for complying with all provisions of the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) and implementing regulations as they relate to local educational agencies.
California Education Code § 47641. (a) A charter school that includes in its petition for establishment or renewal, or that otherwise provides, verifiable, written assurances that the charter school will participate as a local educational agency in a special education plan approved by the State Board of Education shall be deemed a local educational agency for the purposes of compliance with federal law (Individuals with Disabilities Education Act; 20 U.S.C. Sec. 1400 et seq.) and for eligibility for federal and state special education funds. A charter school that is deemed a local educational agency for the purposes of special education pursuant to this article shall be permitted to participate in an approved special education local plan that is consistent with subdivision (a), (b), or (c) of Section 56195.1.
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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