0430 AR - Comprehensive Local Plan For Special Education

Philosophy, Goals, Objective and Comprehensive Plans
Administrative Regulation No. 0430
Regulation updated: November 16, 2023

COMPREHENSIVE LOCAL PLAN FOR SPECIAL EDUCATION

Definitions

Free appropriate public education (FAPE) means special education and related services that are provided at public expense, under public supervision and direction, and without charge; meet the standards of the California Department of Education, including the requirements of 34 CFR 300.1-300.818; include appropriate preschool, elementary school, or secondary school education for individuals between the ages of 3 and 21; and are provided in conformity with an individualized education program (IEP) that meets the requirements of 34 CFR 300.320-300.324. (34 CFR 300.17, 300.101, 300.104; Education Code 56040)

Least restrictive environment means that, to the maximum extent appropriate, students with disabilities, including individuals in public or private institutions or other care facilities, be educated with individuals who are nondisabled, including the provision of nonacademic and extracurricular services and activities. Special classes, separate schooling, or other removal of students with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in the regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. (34 CFR 300.107, 300.114, 300.117; Education Code 56040.1)

Elements of the Local Plan

The local plan developed by the Special Education Local Plan Area (SELPA) shall include, but not be limited to:  (Education Code 56122, 56205, 56206)

1. Policies, procedures, and programs, that are consistent with state laws, regulations, and policies and 20 USC 1412(a), 20 USC 1413(a)(1), and 34 CFR 300.201 governing the following:
 
     a. Free appropriate public education
 
     b. Full educational opportunity
 
     c. Child find and referral
 
     d. Individualized education programs, including development, implementation, review, and revision
 
     e. Least restrictive environment
 
     f. Procedural safeguards
 
     g. Annual and triennial assessments
 
     h. Confidentiality
 
     i. Transition from the Infants and Toddlers with Disabilities programs pursuant to 20 USC 1431 to the preschool program
 
     j. Children in private schools
 
     k. Compliance assurances, including general compliance with the federal Individuals with Disabilities Education Act (20 USC 1400-1482), Section 504 of the federal Rehabilitation Act of 1973 (29 USC 794), the federal Americans with Disabilities Act of 1990 (42 USC 12101-12213), related federal regulations, and Education Code 56000-56865
 
     l. A description of the governance and administration of the local plan in accordance with Education Code 56205(a)(12)
 
     m. Personnel qualification to ensure that personnel, including special education teachers and personnel and paraprofessionals are appropriately and adequately prepared and trained in accordance with Education Code 56058 and 56070 and 20 USC 1412(a)(14) and 1413(a)(3)
 
     n. Performance goals and indicators
 
     o. Participation in state and districtwide assessments, including assessments described in 20 USC 6301 et seq. and alternate assessments in accordance with 20 USC 1412(a)(16), and reports relating to assessments
 
     p. Supplementation of state, local, and other federal funds, including nonsupplantation of funds
 
     q. Maintenance of financial effort
 
     r. Opportunities for public participation before adoption of policies and procedures
 
     s. Suspension and expulsion rates
 
     t. Access to instructional materials by blind individuals with exceptional needs and others with print disabilities in accordance with 20 USC 1412(a)(23)
 
     u. Overidentification and disproportionate representation by race and ethnicity of children as individuals with exceptional needs, including children with disabilities with a particular impairment described in 20 USC 1401 and 1412(a)(24)
 
     v. Prohibition of mandatory medication use pursuant to Education Code 56040.5 and 20 USC 1412(a)(25)
 
2. An annual budget plan, including descriptions of the SELPA's allocation plan in accordance with Education Code 56836-56845, all revenues by revenue source received by the SELPA specifically for the purpose of special education, a breakdown of the distribution of funds to each  LEA within the SELPA, projected total special education expenditures by each LEA, projected total expenditures by the SELPA and the LEAs within the SELPA, projected funding to be received specifically for regionalized operations, and a breakdown of projected SELPA operating expenditures
 
3. An annual service plan, describing the services to be provided by each LEA, regardless of whether the LEA participates in the local plan, including the nature of the services and the physical location at which the services will be provided.  This description shall demonstrate that all individuals with exceptional needs shall have access to services and instruction appropriate to meet their needs as specified in their individualized education programs.

4. Beginning July 1, 2027, an annual assurances support plan to demonstrate how the SELPA and its participating agencies are coordinating for purposes of assuring effective outcomes for students with disabilities, including a description of:
 
       1. Support the governing board of the SELPA will provide to participating agencies in achieving the goals, actions, and services identified in their local control and accountability plans
 
       2. The ways in which the governing board of the SELPA will connect participating agencies in need of technical assistance to the statewide system of support
 
       3. The services, technical assistance, and support the governing board of the SELPA will provide to meet the required policies, procedures, and programs specified in Education Code 56205
 
5. A description of programs for early childhood special education from birth through five years of age
 
6. A description of the method by which members of the public, including parents/guardians of individuals with exceptional needs who are receiving services under the plan, may address questions or concerns pursuant to Education Code 56205
 
7. A description of a dispute resolution process, including mediation and arbitration to resolve disputes over the distribution of funding, the responsibility for service provision, and the other governance activities specified within the local plan
 
8. Verification that the plan has been reviewed by the community advisory committee in accordance with Education Code 56205 and that the committee had at least 30 days to conduct this review before submission of the local plan to CDE
 
9. A description of the process being utilized to refer students for special education instruction pursuant to Education Code 56303
 
10. A description of the process being utilized to oversee and evaluate placements in nonpublic, nonsectarian schools, the method of ensuring that all requirements of each student's IEP are being met, and a method for evaluating whether the student is making appropriate educational progress
 
11. A description of how specialized equipment and services will be distributed within the local plan area in a manner that minimizes the necessity to serve students in isolated sites and maximizes the opportunities to serve students in the least restrictive environment.

The local plan, annual budget plan, and annual service plan shall be written in language that is understandable to the general public. They shall be adopted at a public hearing of the SELPA, for which notice of the hearing shall be posted in each school in the SELPA at least 15 days before the hearing. (Education Code 56205)

Availability of the Plan

The Superintendent or designee shall post on the district's web site the approved local plan, annual budget plan, annual service plan, and annual assurances support plan and any updates or revisions to the plans.  A complete copy of the local plan, annual budget plan, annual service plan, annual assurances support plan, and policies and procedures shall be held on file in the district office and shall be accessible to any interested party.  (Education Code 56205.5)
 
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
Description
5 CCR 3000-3089
Regulations governing special education
Ed. Code 56000-56001
Education for individuals with exceptional needs
Ed. Code 56020-56035
Definitions
Ed. Code 56040-56046
General provisions
Ed. Code 56050
Surrogate parents
Ed. Code 56055
Foster parents
Ed. Code 56060-56063
Substitute teachers in special education
Ed. Code 56170-56177
Children enrolled in private schools
Ed. Code 56190-56194
Community advisory committees
Ed. Code 56195-56195.10
Local plans
Ed. Code 56205-56208
Local plan requirements 56213  Special education local plan
Ed. Code 56211-56214
Special education local plan areas with small or sparse populations
Ed. Code 56240-56245
Staff development
Ed. Code 56300-56385
Identification and referral; assessment, instructional planning
Ed. Code 56440-56447.1
Programs for individuals between the ages of three and five years
Ed. Code 56500-56508
Procedural safeguards, including due process rights
Ed. Code 56520-56524
Behavioral interventions
Ed. Code 56600-56606
Evaluation, audits and information
Ed. Code 56836-56836.05
Administration of local plan
Gov. Code 7579.5
Surrogate parent; appointment, qualification and liability
Gov. Code 95000-95004
California Early Intervention Services Act
W&I Code 361
Limitations on parental control
W&I Code 726
Limitations on parental control
Federal
Description
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 104.1-104.39
Section 504 of the Rehabilitation Act of 1973
34 CFR 300.1-300.818
Assistance to states for the education of students with disabilities
34 CFR 300.500-300.520
Procedural safeguards and due process for parents and students
34 CFR 303.1-303.654
Early intervention program for infants and toddlers with disabilities
34 CFR 99.10-99.22
Inspection, review and procedures for amending education records
42 USC 12101-12213
Americans with Disabilities Act
Management Resources
Description
Website
CSBA District and County Office of Education Legal Services
Website
California Department of Education, Special Education
Website
U.S. Department of Education, Office of Special Education Programs

Cross References
Code
Description
0400
Comprehensive Plans
0420.4
Charter School Authorization
0420.4
Charter School Authorization
0460
Local Control And Accountability Plan
0460
Local Control And Accountability Plan
1220
Citizen Advisory Committees
1220
Citizen Advisory Committees
1312.3
Uniform Complaint Procedures
1312.3
Uniform Complaint Procedures
1312.3-E(1)
Uniform Complaint Procedures
1312.3-E(2)
Uniform Complaint Procedures
3541.2
Transportation For Students With Disabilities
3542
School Bus Drivers
4112.23
Special Education Staff
5144.2
Suspension And Expulsion/Due Process (Students With Disabilities)
6020
Parent Involvement
6020
Parent Involvement
6146.4
Differential Graduation And Competency Standards For Students With Disabilities
6159
Individualized Education Program
6159
Individualized Education Program
6159.1
Procedural Safeguards And Complaints For Special Education
6159.1
Procedural Safeguards And Complaints For Special Education
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


 


 

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