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District Policies

Viewing Policy: BP 6159.1 – Procedural Safeguards and Complaints for Special Education


Board Policy 6159.1: Procedural Safeguards And Complaints For Special Education

Original Adopted Date: 12/14/2017 | Last Revised Date: 6/10/2021



The San Benito County Board of Education (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 San Benito County Office of Education (SBCOE) 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 SBCOE  in any due process hearing conducted with regard to SBCOE Alternative Education students.

Any complaint alleging the SBCOE’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 32003205.