DMSELPA Policies and Procedures

Policy – Category 5000 (Students)

BP 5001 – Identification and Referral

California Education Code § 56325(a)(3). As required by subclause (II) of clause (i) of subparagraph (C) of paragraph (2) of subsection (d) of Section 1414 of Title 20 of the United States Code, the following shall apply to special education programs for individuals with exceptional needs who transfer from an educational agency located outside the State of California to a district within California. In the case of an individual with exceptional needs who transfers from district to district within the same academic year, the local educational agency shall provide the pupil with a free appropriate public education, including services comparable to those described in the previously approved individualized education program, in consultation with the parents, until the local educational agency conducts an assessment pursuant to paragraph (1) of subsection (a) of Section 1414 of Title 20 of the United States Code, if determined to be necessary by the local educational agency, and develops a new individualized education program, if appropriate, that is consistent with federal and state law. California Education Code § 56325(b)(1). To facilitate the transition for an individual with exceptional needs described in subdivision (a), the new school in which the individual with exceptional needs enrolls shall take reasonable steps to promptly obtain the pupil’s records, including the individualized education program and supporting documents and any other records relating to the provision of special education and related services to the pupil, from the previous school in which the pupil was enrolled, pursuant to paragraph (2) of subsection (a) of Section 99.31 of Title 34 of the Code of Federal Regulations. Whenever a child with an existing individualized education program (IEP) transfers into a district, the local educational agency (LEA) shall provide a free appropriate public education, including services comparable to those described in the last consented-to IEP. To facilitate the transition from one LEA to another, the new LEA in which the student enrolls shall take reasonable steps to promptly obtain the pupil’s records, including his/her IEP and the supporting documents related to the provision of special education and related services to the pupil, from the previous school in which the pupil was enrolled ( Title 34 of the Code of Federal Regulations § 300.323; Education Code § 56325 ). In order to meet the California Longitudinal Pupil Achievement Data System (CALPADS) requirements for ALL students with an IEP transferring into an LEA pursuant to Education Code § 56325 , the receiving LEA, in consultation with the parent/guardian, shall complete the Interim Placement (IP) packet within the Web IEP System. The Interim Placement packet includes:

BP 5001 – Identification and Referral

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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 08/21)

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