6159 BP - Individualized Education Program

Instruction    
Board Policy No. 6159
Policy adopted:  March 20, 2000

INDIVIDUALIZED EDUCATION PROGRAM


The Governing Board desires to provide educational alternatives that afford students with disabilities full educational opportunities.  Students with disabilities shall receive a free, appropriate public education and be placed in the least restrictive environment which meets their needs to the extent provided by law.

The Superintendent or designee shall develop administrative regulations regarding the appointment of the individualized education program team (IEP), the contents of the IEP and the development, review and revision of the IEP.

To the extent permitted by federal law, a foster parent shall have the same rights relative to his/her foster child’s IEP as a parent/guardian.  (Education Code 56055).

Students with disabilities may be placed in the least restrictive environment which meets their needs.  The Governing Board provides a full range of educational alternatives to facilitate this placement so that these students may interact with students without disabilities in an understanding, cooperative and mutually respectful environment.  Students may be placed outside of the regular classroom only when the student's specific needs cannot be met in that setting.  

Upon the identification of a student's disabilities, the Superintendent or designee shall appoint an individualized education program (IEP) team.  This team shall consider the student's needs, determine the content of his/her IEP and make placement decisions. Students and parents/ guardians shall have the right to participate in the development of the IEP.

The IEP team shall consider the educational and nonacademic benefits of placing the student in a regular class and shall determine what support services would be needed in order to maintain this placement.  All placement decisions shall promote maximum social interaction between students with disabilities and their nondisabled peers, in a manner that is appropriate to the needs of each.

Each IEP shall be consistent with the curriculum and course of study pursued in the regular education program.  Students with disabilities shall also receive instruction which fosters their independence and integration into the community.

Students and parents/guardians shall have the right to approve the student's placement in a special education program, and written parental consent shall be obtained before any such placement is made unless a due process hearing officer authorizes the placement.  Once an IEP team has determined an appropriate placement with the parent/guardian's approval, that placement remains in effect unless the parties agree otherwise or a due process hearing officer so orders.

A special education or regular education teacher may request a review of the classroom assignment of an individual with disabilities in accordance with procedures set forth in administrative regulations.

(cf. 0430 - Comprehensive Local Plan for Special Education)
(cf. 1312.3 - Uniform Complaint Procedures)
(cf. 3541.2 - Transportation for Students with Disabilities)
(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities))
(cf. 6159.1 - Procedural Safeguards and Complaints for Special Education)
(cf. 6159.2 - Nonpublic Nonsectarian School and Agency Services for Special Education)
(cf. 6159.3  - Appointment of Surrogate Parent for Special Education Students)
(cf. 6164.4 - Identification of Individuals for Special Education)


Legal Reference:
EDUCATION CODE
51225.3  Requirements for high school graduation and diploma
56055  Rights of foster parents pertaining to foster child's education
56136  Guidelines for low incidence disabilities areas
56195.8  Adoption of policies
56321  Development or revision of IEP
56321.5  Notice to include right to electronically record
56340.1-56346  Instructional planning and individualized education program
56350-56352  IEP for visually impaired students
56380  IEP reviews; notice of right to request
56390-56393  Certificate of completion, special education
56500-56508  Procedural safeguards
60640-60649  Standardized Testing and Reporting Program
60850  High school exit examination, students with disabilities
FAMILY CODE
6500-6502  Age of majority
GOVERNMENT CODE
7572.5  Seriously emotionally disturbed child, expanded IEP team
WELFARE AND INSTITUTIONS CODE
300  Children subject to jurisdiction
601 Minors habitually disobedient
602  Minors violating law defined as crime
CODE OF REGULATIONS, TITLE 5
852-853  Standardized Testing and Reporting Program, accommodations for students with disabilities
1216-1218  High School Exit Examination, accommodations for students with disabilities
3021-3029  Identification, referral and assessment
3040-3043  Instructional planning and the individualized education program
UNITED STATES CODE, TITLE 20
1232g  Family Educational Rights and Privacy Act of 1974
1400-1487  Individuals with Disabilities Education Act
CODE OF FEDERAL REGULATIONS, TITLE 34
300.1-300.756  Individuals with Disabilities Education Act
COURT DECISION
Shapiro v. Paradise Valley Unified School District, No. 69 (9th Circuit, 2003) 2003 US.App. LEXIS 1395  
Sacramento City School District v. Rachel H,  14 F.3d 1398 (9th Cir. 1994)

 

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