Policy – Category 5000 (Students) BP 5004 – Instructional Planning and the IEP
one individual who is qualified to conduct individual diagnostic examinations of the child, such as a school psychologist, speech language pathologist, or remedial reading teacher ( Education Code § 56341 ). In accordance with Title 34 of the Code of Federal Regulations § 300.310 , at least one team member other than the child’s general education teacher shall observe the child’s academic performance in the general education classroom setting. If the child is younger than five years or not enrolled in school, a team member shall observe the child in an environment appropriate for a child of that age ( Education Code § 56341 ); and k. For a child who has been placed in a group home by the juvenile court, a representative of the group home. If a child with a disability is identified as potentially requiring mental health services, the Charter LEA shall request the participation of the behavioral health representative in the IEP team meeting ( Education Code § 56331 ).
3.1
Excusal Provisions A member of the IEP team shall not be required to attend an IEP team meeting, in whole or in part, if the parent consents and the Charter LEA agrees, in writing, that the attendance of the member is not necessary because the member's area of the curriculum or related services is not being modified or discussed at the meeting. If the meeting involves a discussion of the member's area of the curriculum or related service, the IEP team member may be excused from the meeting if the parent consents in writing to the excusal (D/M 64) and the member submits to the parent and team written input into the development of the IEP prior to the meeting ( Title 20 of the United States Code § 1414(d)(1)(C); Title 34 of the Code of Federal Regulations § 300.321; Education Code § 56341 ).
4.0
Parent/Guardian Participation/Parents’ Rights The Charter LEA Administrator or designee shall take steps to ensure that one or both of the parents of the child with a disability are present at each IEP team meeting or are afforded the opportunity to participate. These steps shall include notifying the parent of the meeting early enough to ensure that they will have the opportunity to attend and scheduling the meeting at a mutually agreed upon time and place (Title 34 of the Code of Federal Regulations § 300.322; Education Code § 56341.5) . The Charter LEA Administrator or designee shall send parent notices of IEP team meetings (D/M 67) that ( Title 34 of the Code of Federal Regulations § 300.322; Education Code § 56341.5 ):
BP 5004 – Instructional Planning and the IEP
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 09/18)
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