Desert Mountain Charter SELPA Policies and Procedures

Policy – Category 5000 (Students) BP 5004 – Instructional Planning and the IEP

B. The continuing need for out-of-home placement; C. The extent of compliance with the IEP; and D. Progress toward alleviating the need for out-of-home care.

7.0

Timelines for the IEP and for the Provision of Services At the beginning of each school year, the Charter LEA shall have an IEP in effect for each child with a disability within the Charter LEA jurisdiction ( Title 34 of the Code of Federal Regulations § 300.323; Education Code § 56344 ). The Charter LEA shall ensure that a meeting to develop an initial IEP is conducted within 30 days of a determination that a child needs special education and related services. The Charter LEA shall also ensure that, as soon as possible following the development of the IEP, special education and related services are made available to the child in accordance with his/her IEP ( Title 34 of the Code of Federal Regulations § 300.323; Education Code § 56344 ). An IEP required as a result of an assessment of the child shall be developed within a total time not to exceed 60 days (not counting days between the child’s regular school sessions, terms or days of school vacation in excess of five school days) from the date of receipt of the parent written consent for assessment, unless the parent agrees, in writing, to an extension ( Education Code § 56344 ). However, an IEP required as a result of an assessment of a child shall be developed within 30 days after the commencement of the subsequent regular school year for a child for whom a referral has been made 30 days or less prior to the end of the regular school year. In the case of school vacations, the 60-day time limit shall recommence on the date that child’s school days reconvene ( Education Code § 56344 ). When a parent requests an IEP team meeting to review the IEP, the team shall meet within 30 days of receiving the parent's written request, not counting days between the child’s regular school sessions, terms, or days of school vacation in excess of five school days. If a parent makes an oral request, the Charter LEA shall notify the parent of the need for a written request and the procedure for filing such a request ( Education Code §§ 56043 and 56343.5 ). NOTE: Education Code § 56195.8 mandates that the Charter LEA's policy sets forth procedures and timelines for the review of a classroom assignment of an individual with exceptional needs when so requested by that child’s general or special education teacher. Education Code § 56195.8 does not state a specific deadline for the review. The Charter LEA shall develop procedures and timelines for such reviews, including procedures which will designate which personnel are responsible for the reviews.

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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