Appendix A: California Department of Education (CDE) K.C. Settlement Agreement and Legal Advisory This enables the LEA and the CDE to develop corrective action plans, program improvement goals, and provide technical assistance to improve services to special education students throughout California. Pursuant to the K.C. Settlement Agreement, the CDE has agreed to modify its QAP monitoring instruments and process to include special evaluation items related to students with the disability of OHI with chronic or acute health problems arising from diabetes. The CDE also assures compliance under the IDEA by maintaining an administrative complaints system as required by federal regulation. (See 34 CFR sections 300.151- 300.153 .) Under 34 CFR section 300.153(a) , a complainant can be either an organization or an individual who files a signed written complaint alleging any violation concerning identification, evaluation, placement, or the provision of a FAPE in the least restrictive environment including the provision related services. For example, a complaint may allege policies and/or practices that violated the child’s right to receive an individualized assessment or eligibility and/or the provision of diabetes related health care services pursuant to the IEP process and/or any dispute arising out of the IEP process. The required elements of a complaint are set forth in 34 CFR section 300.153(b) . Of particular note is the requirement that a complaint alleging child-specific issues must contain the name and address of the residence of the child ( 34 CFR sec. 300.153(b)(4)(a) .) Complaints of a systemic nature under the IDEA do not need to identify the individual student by name, although they still must provide facts of the alleged violation that are sufficient for the CDE or the district to conduct an effective investigation, and they must be signed.
B. Section 504/State Statutes
As required by the Uniform Complaints Procedure, CDE’s Office of Equal Opportunity will continue to accept and investigate complaints pursuant to Section 504 and Government Code Section 111 35 which are filed by an organization or a student with a disability that alleges individual or systemic discrimination arising from an alleged non-compliant policy or practice or the failure to provide diabetes-related health services, reasonable accommodations or modifications to the student’s educational program. (See Chapter 5.1, the Uniform Complaint Procedures (sections 4600-4670) and Chapter 5.3, involving Nondiscrimination and Educational Equity, sections 4900- 4965.)
VI. Impartial Due Process Hearings
Parents who disagree with a school district’s decisions regarding their child’s eligibility and/or placement under the IDEA also have a federal right to request a due process
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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