Policy – Category 5000 (Students) BP 5001 – Identification and Referral of Individuals for Special Education
8.0
Overidentification and Disproportionality It shall be the policy of the DMCS and its member LEAs to prevent inappropriate disproportionate representation by race and ethnicity of students with disabilities. Title 34 of the Code of Federal Regulations § 300.173. Overidentification and disproportionality. The State must have in effect, consistent with the purposes of this part and with section 618(d) of the Act, policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment described in section 300.8. The Charter LEA shall, with DMCS assistance, monitor student trends with the intent of averting inappropriate, disproportionate representation of racially, ethnically, linguistically, and culturally diverse students (by race and ethnicity of children with disabilities). The DMCS shall provide the following assistance: • Student trend data pertinent to the disproportionate calculation as reported through the California Special Education Management Information System (CASEMIS) to the California Department of Education (CDE).
• Provide up-to-date training and information provided to the DMCS by the CDE. • Continue to inform Charter LEAs concerning responsibilities related to the potential transfer of local assistance funds to reduce disproportionality under the Early Intervening requirement of IDEA. The CDE has in effect, consistent with the purposes of IDEA and with Section 618(d) , policies and procedures designed to prevent the inappropriate overidentification or disproportionate representation by race and ethnicity of children as children with disabilities, including children with disabilities with a particular impairment described in Section 602(3) . 9.0 Students Who Are Culturally and Linguistically Diverse Children who are culturally and linguistically diverse have four initial areas of consideration for their school program. First, the language of instruction is considered. According to the IDEA 2004, some children will need special education, which could include related speech and language services. While language diversity may be one of the most frequently discussed topics concerning academic achievement, it is important for an IEP team to consider and document the effect of a child being a second-language learner on his or her ability to make progress in the general education curriculum.
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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