Desert Mountain Charter SELPA Policies and Procedures

Policy – Category 5000 (Students) BP 5001 – Identification and Referral of Individuals for Special Education

The Charter LEA shall not be required to obtain informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability if any of the following situations exist ( Education Code § 56301; Title 20 of the United States Code § 1414(a)(1) ): 1. Despite reasonable efforts to do so, the Charter LEA cannot discover the whereabouts of the parent of the child. 2. The rights of the parent of the child have been terminated in accordance with California law. 3. The rights of the parent to make educational decisions have been subrogated by a judge in accordance with California law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child. As part of the assessment plan, the parent shall receive written notice that ( Education Code § 56329; Title 34 of the Code of Federal Regulations § 300.502 ): 1. Upon completion of the administration of tests and other assessment materials, an IEP team meeting that includes the parent or his/her representative shall determine whether the child is a child with a disability as defined in Education Code § 56026 and shall discuss the assessment, the educational recommendations, and the reasons for these recommendations. A copy of the assessment report and the documentation of determination of eligibility shall be given to the parent. 2. If the parent disagrees with an assessment obtained by the Charter LEA, the parent has the right to obtain, at public expense, an independent educational assessment of the child from qualified specialists, in accordance with Title 34 of the Code of Federal Regulations § 300.502 . 3. If the Charter LEA observed the child in conducting its assessment, or if its assessment procedures make it permissible to have in-class observation of a child, an equivalent opportunity shall apply to the independent educational assessment. This equivalent opportunity shall apply to the child’s current placement and setting as well as observation of the Charter LEA’s proposed placement and setting, regardless of whether the independent educational assessment is initiated before or after the filing of a due process hearing proceeding. 4. The Charter LEA may initiate a due process hearing pursuant to Education Code §§ 56500-56508 to show the assessment is appropriate. If the final decision resulting from the due process hearing is that the assessment is appropriate, the parent maintains the right for an independent educational assessment but not at public expense.

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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