Policy – Category 1000 (Community Relations) BP 1001 – Procedural Safeguards
behalf of a child, then that person or persons shall be determined to be the “parent” for purposes of this part, Article 1 (commencing with Section 48200) of Chapter 2 of Part 27 of Division 4 of Title 2, and Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, and Sections 361 and 726 of the Welfare and Institutions Code. (c) “Parent” does not include the state or any political subdivision of government. (d) “Parent” does not include a nonpublic, nonsectarian school or agency under contract with a local educational agency for the provision of special education or designated instruction and services for a child.
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Age of Majority IDEA requires that the child and parent be notified of the age of majority rule one year prior to the child reaching 18 years of age. At the time the child turns 18, he/she will be recognized as an adult under California Education Code and will be able to exercise educational rights as provided for by federal and state laws. It may be impossible for a child with a disability to exercise his/her rights. If this is the case, the child may designate another person to approve and execute school programs or the child’s parents can apply for a traditional or limited conservatorship. California Education Code § 56041.5; Title 34 of the Code of Federal Regulations § 300.520. When an individual with exceptional needs reaches the age of 18, with the exception of an individual who has been determined to be incompetent under state law, the local educational agency shall provide any notice of procedural safeguards required by this part to both the individual and the parents of the individual. All other rights accorded to a parent under this part shall transfer to the individual with exceptional needs. The local educational agency shall notify the individual and the parent of the transfer of rights. Parent Revokes Consent for Special Education and Related Services IDEA was amended December 31, 2008, to clarify and strengthen regulations in Title 34 of the Code of Federal Regulations, Part 300, in the areas of parental consent for continued special education and related services. Title 34 of the Code of Federal Regulations § 300.300(b)(4) was revised to require that parental revocation of consent for the continued provision of special education and related services must be in writing and that upon revocation of consent, LEAs must
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BP 1001 – Procedural Safeguards
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
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