Appendix A: California Department of Education (CDE) K.C. Settlement Agreement and Legal Advisory
The IDEA defines “special education” as meaning “specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability, including-
(A) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and
(B) instruction in physical education.” ( 20 USC section 1401 (29) .)
"Specially designed instruction” means “adapting, as appropriate to the needs of the eligible child under this part, the content, methodology, or delivery or instruction (i) to address the unique needs of the child that result from the child’s disability and (ii) to ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of the public agency that apply to all chil dren.” ( 34 CFR sec. 300.39(b)(3) .) For example, an IEP team could determine that a child who meets the criteria for eligibility under the category of OHI based upon chronic or acute health problems arising from diabetes would need to have his/her curriculum adapted in ways such as changes in the physical education instruction, in the regular school day schedule (such as various breaks required by abnormal blood sugar levels involving medical treatment), in allowed time for taking tests, in the regular schedule for eating, drinking and toileting, in assignment due dates, and in various other academic adaptations.
C. Individualized Education Program
Determinations about eligibility, special education and related services under the IDEA and relevant state statutes are made generally by the child’s Individualized Education Program (IEP) team. (See generally Cal. Ed. Code secs. 56340-56347 .) Such determinations are always based upon the unique needs of the individual child. The term “individualized education program” (IEP) means a written statement for each child with a disability that is developed, reviewed, and revised in accordance with 20 USC section 141 4(d) . As a part of each IEP, there must be “a statement of the special education and related services and supplementary aids and services, based on peer- reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child ...” ( 20 USC sec. 1414(d)(1)(A)(i)(IV) ) in school and in extracurricular and other nonacademic activities. The 2006 implementing regulations are located at 34 CFR sections 300.320 through 300.328 .
D. Related Services May Include Management/Administration of Insulin and Other Diabetes Care Tasks for Children With the Disability of OHI
BP 2006 – Provision of Healthcare Services
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 11/16)
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