Policy – Category 5000 (Students)
BP 5001 – Identification and Referral
• the demographics page documenting all relevant information concerning the child,
• the offer of FAPE page documenting their educational program,
• the final page documenting any Special Factors listed on the current IEP from the previous LEA, and
• a signature by a school or district administrator acknowledging the Interim Placement.
A copy of the Interim Placement packet is given to the parent/guardian and forwarded to all related service providers and relevant staff members for implementation of the child’s special education program. A copy of the previously approved IEP should be given to the teacher(s), uploaded into the Web IEP system, and placed in the special education pupil file. If a child with a disability transfers to the LEA during the school year from a LEA within the DMSELPA, the LEA shall continue, without delay, to provide services comparable to those described in the existing IEP, unless the child’s parent and 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 LEA during the school year from a California LEA outside of DMSELPA, the LEA shall provide the child with FAPE, including services comparable to those described in the previous LEA’s IEP. Within 30 days, the LEA shall, in consultation with the parents, adopt the other LEA’s IEP or shall 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 LEA within the DMSELPA during the school year from an out-of-state LEA, the LEA shall provide the child with FAPE, including services comparable to the out-of-state LEA's IEP, in consultation with the parent, until such time as the LEA conducts an assessment, if the LEA determines that such an assessment is necessary, and develops, adopts, and implements a new IEP, if appropriate ( Title 34 of the Code of Federal Regulations § 300.323; Education Code § 56325 ). The law allows an LEA to address the IEP within the LEA’s existing programs and services to the greatest extent possible for a period not to exceed the 30-day placement; therefore, it is not necessary for the parent/guardian to sign the proposed Interim Placement (IP) form. When programs or services that were provided in the former district are not in place in the new LEA at the time of enrollment, an alternative program within the LEA, a referral to a program operated by another agency, or placement in a nonpublic
BP 5001 – Identification and Referral
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 08/21)
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