Policy – Category 5000 (Students) BP 5001 – Identification and Referral of Individuals for Special Education
• State that no IEP will result from the assessment without parental consent. All initial referrals resulting from child find of children ages three to five shall be processed through the Charter LEA. The informed parental consent for assessment (D/M 66) shall be completed by the person interacting with the parent and forwarded to the appropriate member of the Charter LEA preschool assessment team (i.e., psychologist, nurse, speech-language pathologist). For a preschool-age child, a member of the Charter LEA preschool assessment team will contact the parent to discuss concerns or arrange a home visit for observation. For a school-age child, the referral for special education assessment may include a referral to the Student Study Team (SST) and/or the scheduling of a parent conference to discuss the concerns and possible interventions. Upon receiving the proposed assessment plan, the parent shall have at least 15 days to decide whether to consent to the initial assessment. The assessment may begin as soon as informed parental consent is received by the respective Charter LEA. The Charter LEA shall not interpret parental consent for initial assessment as consent for initial placement or initial provision of special education services ( Education Code § 56321; Title 34 of the Code of Federal Regulations § 300.505 ). Note: Education Code § 56321 provides that, if a parent refuses to consent to the initial evaluation, the Charter LEA may pursue an evaluation by utilizing the mediation and due process procedures pursuant to Title 20 of the United States Code § 1415 . In the event that an evaluation is not authorized, Title 20 of the United States Code § 1414(a)(1) specifies that the Charter LEA shall not provide special education services and shall not be considered in violation of the requirement to provide FAPE for failure to provide such services. In addition, the Charter LEA is not required to convene an IEP team meeting or to develop an IEP for that child. Informed parental consent means that the parent ( Title 34 of the Code of Federal Regulations § 300.500 ): • Has been fully informed of all information relevant to the activity for which consent is sought, in his/her native language or other mode of communication. • Understands and agrees, in writing, to the assessment. • Understands that the granting of consent is voluntary on his/her part and may be revoked at any time. If the child is a ward of the state and is not residing with his/her parents, Charter LEAs shall make reasonable efforts to obtain informed consent from the parent as defined in Title 20 of the United States Code § 1401 for an initial evaluation to determine whether the child is a child with a disability (Title 20 of the United States Code § 1414(a)(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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