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Viewing Policy: BP 6164.4 – Identification and Evaluation of Individuals for Special Education



BP 6164.4

Instruction

 

Identification and Evaluation of Individuals for Special Education

 

The San Benito County Board of Education (County Board) recognizes the need to actively seek out and evaluate district residents from birth to age 21 who have disabilities in order to provide them with appropriate educational opportunities in accordance with state and federal law.

 

(cf. 0430 – Comprehensive Local Plan for Special Education)

(cf. 6164.6 – Identification and Education Under Section 504)

 

The Superintendent or designee shall establish a comprehensive system that includes procedures for the identification, screening, referral, and regular and triennial assessment of individuals eligible for special education, as well as procedures for the planning, implementation, and review of the education and related services provided to such individuals. (Education Code 56301)

 

The San Benito County Office of Education’s identification procedures shall include methods for utilizing referrals from parents/guardians, teachers, appropriate professionals, and others, and shall be coordinated with school site procedures for referral of students whose needs cannot be met with modifications to the regular instructional program.  (Education Code 56302)

 

The Superintendent or designee shall notify parents/guardians, in writing, of their rights related to identification, referral, assessment, instructional planning, implementation, and review, including the right to consent to any assessment concerning their child.  In addition, the Superintendent or designee shall notify parents/guardians of procedures for initiating a referral for assessment to identify individuals who need special education services.  (Education Code 56301)

 

(cf. 1312.5 – Uniform Complaint Procedures)

(cf. 6160 – Individualized Education Program)

(cf. 6160.1 – Procedural Safeguards and Complaints for Special Education)

(cf. 6162.51 – State Academic Achievement Tests)

 

Legal Reference:

EDUCATION CODE

44265.5  Professional preparation for teachers of impaired students

56000-56885  Special education programs, especially:

56195.8  Adoption of policies

56300-56304  Identification of individuals with disabilities

56320-56331  Assessment

56333-56338  Eligibility criteria for specific learning disabilities

56340-56347  Instructional planning and individualized education program

56381  Reassessment of students

56425-56432  Early education for individuals with disabilities

56441.11  Eligibility criteria, children ages 3-5

56445  Transition to grade school; reassessment

56500-56509  Procedural safeguards

GOVERNMENT CODE

95000-95029.5  California Early Intervention Services Act

CODE OF REGULATIONS, TITLE 5

3021-3029  Identification, referral and assessment

3030-3031  Eligibility criteria

UNITED STATES CODE, TITLE 20

1232g  Family Educational Rights and Privacy Act of 1974

1412  State eligibility

1415  Procedural safeguards

CODE OF FEDERAL REGULATIONS, TITLE 34

104.35  Evaluation and placement

104.36  Procedural safeguards

300.1-300.818  Individuals with Disabilities Education Act, especially:

300.301-300.306  Evaluations and reevaluations

COURT DECISIONS

Hood v. Encinitas Union School District, (2007) 486 F.3d 1099

 

 

Policy Adopted: 2-8-18