11/17 - ACTION REQUIRED: California Department of Education Corrective Action relating to Special Education

Memo to:All Special Education Staff, School Principals

Memo from:Jennifer Parks-Orozco, Program Manager Due Process and Mediation

Date:November 1, 2016

Subject:California Department of Education Corrective Action

In a recent California Department of Education (CDE) complaint filed by a parent of a student with special needs, CDE has found the District out of compliance because the District failed to adhere to the 15-day timeline for the development of the proposed assessment plan and the District failed to adhere to the 60-day timeline for the development of the IEP required as a result of an assessment of a pupil, which is a violation of California Education Code (EC) Section 56321(a) and EC Section 56344 (a). 

This memorandum is a CDE required corrective action in response to these violations. The purpose of this email memorandum is to inform appropriate administrator and special education staff of the requirement to comply with the California Education Code (EC) Section 56321 (a) which states:

“If an assessment for the development or revision of the individualized education program is to be conducted, the parent or guardian of the pupil shall be given, in writing, a proposed assessment plan within 15 days of the referral for assessment.”

And EC Section 56344 (a) which states:

 “An individualized education program required as a result of an assessment of a pupil shall be developed within a total time not to exceed 60 days, not counting days between the pupil s regular school sessions, terms, or days of school vacation in excess of five schooldays, from the date of receipt of the parent s written consent for assessment, unless the parent agrees, in writing, to an extension. However, an individualized education program required as a result of an assessment of a pupil shall be developed within 30 days after the commencement of the subsequent regular school year as determined by each local educational agency s school calendar for each pupil for whom a referral has been made 30 days or less prior to the end of the regular school year.”

Please contact your AREA Special Education Administrator if you have any questions regarding your responsibilities. 

 

Area 1 – Angelia Watkins   619-725-7238

                 awatkins@sandi.net

 

Area 4 – Pamela Busch 619-725-7203

                pbusch@sandi.net

 

Area 2 – Sara Cline  619-725-7095

                scline@sandi.net

 

Area 5 – David Rios 619-725-7208

                drios1@sandi.net

 

Area 3 – Julie Jones  619-725-7697

                jjones2@sandi.net

 

Area 6 – Grace Ridgeway 619-725-7222

                mridgeway@sandi.net

cc:  Special Education Program Managers

Special Education Site Administrators

District Speech-Language Pathologists

District School Psychologists

Project Resource Teachers