6159.1 BP - Procedural Safeguards and Complaints For Special Education

Instruction
Board Policy No.  6159.1
Policy Adopted:  June 17, 2010
Policy Revised: February 8, 2024


PROCEDURAL SAFEGUARDS AND COMPLAINTS FOR SPECIAL EDUCATION


The Governing Board recognizes its obligation to provide a free appropriate public education (FAPE) to students with disabilities and to uphold the rights of parents/guardians to be involved in educational decisions regarding their child. Parents/guardians of students with disabilities shall receive written notice of their rights under the federal Individuals with Disabilities Education Act.

Whenever there is a dispute between the district and the parent/guardian of a student with disabilities regarding the identification, assessment, or educational placement of the student or the provision of FAPE to the student, the Superintendent or designee shall encourage the early, informal resolution of the dispute at the school level to the extent possible. The district or parent/guardian may also request mediation and/or a due process hearing in accordance with law, Board policy, and administrative regulation.

The Superintendent or designee shall represent the district in any due process hearing conducted with regard to district students and shall inform the Board about the result of the hearing.

Any complaint alleging the district's noncompliance with federal or state laws or regulations related to the provision of a free appropriate public education to students with disabilities shall be filed in accordance with 5 CCR 3200-3205.

Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board
to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the
policy.

State Code
5 CCR 3000-3100 Regulations governing special education
5 CCR 3080-3089 Procedural safeguards
5 CCR 3200-3205 Special education compliance complaints

Education Code
Ed. Code 56000 Special education; legislative findings and declarations
Ed. Code 56001 Provision of the special education programs
Ed. Code 56020-56035 Definitions
Ed. Code 56195.7 Written agreements
Ed. Code 56195.8 Adoption of policies
Ed. Code 56300-56385 Identification and referral; assessment, instructional planning
Ed. Code 56360-56369 Implementation of special education
Ed. Code 56440-56447.1 Programs for individuals between the ages of three and five years
Ed. Code 56500-56509 Procedural safeguards
Ed. Code 56600-56606 Evaluation, audits and information
Federal Code
20 USC 1232g Family Educational Rights and Privacy Act (FERPA) of 1974
20 USC 1400-1482 Individuals with Disabilities Education Act
29 USC 794 Rehabilitation Act of 1973; Section 504
34 CFR 104.36 Procedural safeguards
34 CFR 300.1-300.818 Assistance to states for the education of students with disabilities
34 CFR 300.150-300.153 State compliance complaints
34 CFR 300.500-300.520 Procedural safeguards and due process for parents and students
34 CFR 99.10-99.22 Inspection, review and procedures for amending education records
42 USC 11434 Homeless assistance

Management Resources
Court Decision Winkelman v. Parma City School District, (2007) 550 U.S. 516
Website CSBA District and County Office of Education Legal Services
Website Office of Administrative Hearings, Special Education Division
Website California Department of Education, Special Education
Website U.S. Department of Education, Office of Special Education Programs

Cross References
0430 COMPREHENSIVE LOCAL PLAN FOR SPECIAL EDUCATION
0430 COMPREHENSIVE LOCAL PLAN FOR SPECIAL EDUCATION
0470 COVID-19 MITIGATION PLAN
1312.3 UNIFORM COMPLAINT PROCEDURES
1312.3 UNIFORM COMPLAINT PROCEDURES
1312.3-E(1) UNIFORM COMPLAINT PROCEDURES
1312.3-E(2) UNIFORM COMPLAINT PROCEDURES

3523 ELECTRONIC SIGNATURES
3523 ELECTRONIC SIGNATURES
5125 STUDENT RECORDS
5125 STUDENT RECORDS
5144.2 SUSPENSION AND EXPULSION/DUE PROCESS (STUDENTS WITH DISABILITIES)
5145.6 PARENT/GUARDIAN NOTIFICATIONS
5145.6-E(1) PARENT/GUARDIAN NOTIFICATIONS
6146.4 DIFFERENTIAL GRADUATION AND COMPETENCY STANDARDS FOR STUDENTS WITH DISABILITIES
6159 INDIVIDUALIZED EDUCATION PROGRAM
6159 INDIVIDUALIZED EDUCATION PROGRAM
6159.2 NONPUBLIC, NONSECTARIAN SCHOOL AND AGENCY SERVICES FOR
SPECIAL EDUCATION
6159.2 NONPUBLIC, NONSECTARIAN SCHOOL AND AGENCY SERVICES FOR SPECIAL EDUCATION
6159.3 APPOINTMENT OF SURROGATE PARENT FOR SPECIAL EDUCATION STUDENTS
6159.3 APPOINTMENT OF SURROGATE PARENT FOR SPECIAL EDUCATION STUDENTS
6159.4 BEHAVIORAL INTERVENTIONS FOR SPECIAL EDUCATION STUDENTS
6164.4 IDENTIFICATION AND EVALUATION OF INDIVIDUALS FOR SPECIAL EDUCATION
6164.4 IDENTIFICATION AND EVALUATION OF INDIVIDUALS FOR SPECIAL EDUCATION
6164.41 CHILDREN WITH DISABILITIES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOL

6164.41 CHILDREN WITH DISABILITIES ENROLLED BY THEIR PARENTS IN PRIVATE SCHOOL
6164.6 IDENTIFICATION AND EDUCATION UNDER SECTION 504
6164.6 IDENTIFICATION AND EDUCATION UNDER SECTION 504
6173 EDUCATION FOR HOMELESS CHILDREN
6173 EDUCATION FOR HOMELESS CHILDREN
6173-E(1) EDUCATION FOR HOMELESS CHILDREN
6173-E(2) EDUCATION FOR HOMELESS CHILDREN
9000 ROLE OF THE BOARD
9200 LIMITS OF BOARD MEMBER AUTHORITY

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