Policy – Category 5000 (Students) BP 5004 – Instructional Planning and the IEP
The Charter LEA shall ensure that the child’s IEP is accessible to each general education teacher, special education teacher, related service provider, and any other service provider who is responsible for its implementation. The Charter LEA shall also ensure that such teachers and providers are informed of their specific responsibilities related to implementing the IEP and the specific accommodations, modifications, and supports that must be provided to the child in accordance with the IEP ( Title 34 of the Code of Federal Regulations § 300.323 ). Before providing special education and related services, the Charter LEA shall seek to obtain informed consent. If the parent refuses to consent to the initial initiation of services, the Charter LEA shall not provide the services by utilizing the due process hearing procedures pursuant to Title 20 of the United States Code § 1415(f). If the parent does not consent to all of the components of the IEP, then those components to which the parent has consented shall be implemented so as not to delay providing instruction and services to the child ( Education Code § 56346 ). If the parent refuses all services in the IEP after having consented to those services in the past, the Charter LEA shall file a request for a due process hearing. If the Charter LEA determines that a part of the proposed IEP to which the parent does not consent is necessary in order to provide the child FAPE, a due process hearing shall be initiated in accordance with Title 20 of the United States Code § 1415(f). While the due process hearing is pending, the child shall remain in the current placement unless the parent and the Charter LEA agree otherwise ( Education Code § 56346 ). 8.0 Transfer Students To facilitate a transfer student's transition, the Charter LEA shall take reasonable steps to promptly obtain the records of a child with a disability transferring into the Charter LEA, including his/her IEP and the supporting documents related to the provision of special education services ( Title 34 of the Code of Federal Regulations § 300.323; Education Code § 56325 ). If a child with a disability transfers to the Charter LEA during the school year from a LEA within the same SELPA, the Charter LEA shall continue, without delay, to provide services comparable to those described in the existing IEP, unless the child’s parents and Charter LEA agree to develop, adopt, and implement a new IEP that is consistent with state and federal laws ( Title 34 of the Code of Federal Regulations § 300.323; Education Code § 56325 ). If a child with a disability transfers to the Charter LEA during the school year from a California LEA outside of the Charter LEA's SELPA, the Charter LEA shall provide the child with FAPE, including services comparable to those described in the previous LEA’s IEP. Within 30 days, the Charter LEA shall, in consultation with the parents, adopt the
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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