Policies and Procedures Manual - Madera County Office of Education

Policies and Procedures ManualMadera County Office of EducationCecilia A. Massetti, Ed.D. SuperintendentClaudia Norris, SELPA Director28123 Avenue 14Madera, CA 93638

Policies and Procedures ManualStatementsTABLEOFCONTENTSI. Purpose of PoliciesII. Purpose of Administrative RegulationsIII. Policies-General ConformityIV. Origin and Approval of PoliciesV. Conflicts Between SELPA Policy and Local Educational Agency (LEA) PolicyOperational Policies and Administrative Regulations: 10001001 Distribution of Federal and State AB602 Allocation Funds1002 Students with Disabilities Enrolled by Their Parents in Private School1002.1 AR - Students with Disabilities Enrolled by Their Parents in PrivateSchool1002.1.1 Exhibit1002.1.2 Exhibit1002.1.3 Exhibit1002.1.4 Exhibit1002.1.5 Exhibit1002.1.6 Exhibit1002.1.7 Exhibit1002.1.8 Exhibit1003 Least Restrictive Environment1004 Program Compliance Monitoring and Support1005 Child Find1006 Individualized Education Program1006.1.1 Exhibit1007 Participation in State/District-Wide Assessments1008 Coordination with Other Agencies1009 Home Hospital Instruction1010 Identification-Referral-Assessment-Planning/Implementation-Review1011 Comprehensive System of Personnel Development / Personnel Standards1012 Procedural Safeguards1012.1 AR- Procedural Safeguards1012.1.1 Exhibit – English and Spanish1013 Contracting With Non-Public-Nonsectarian Schools1014 Low Incidence Funds1015 Amending the Local Plan1016 Maintenance of Effort Fiscal Policy1016.1.1 Exhibit1017 Charter Schools1018 Literacy

Administrative Policies and Administrative Regulations: 2000TABLEOFCONTENTS2001 Program Transfer versus SELPA Reorganization of Program2002 Access to Special Needs Pool2002.0.1 Exhibit2002.0.2 Exhibit2003 Growth Distribution Under AB 602 Funding Model2004 Guidelines for Special Circumstance Instructional Assistants2004.1 AR – Guidelines for Special Circumstance Instructional Assistants2004.1.1 Exhibit2004.1.2 Exhibit2004.1.3 Exhibit2005 Guidelines for Surrogates2006 Independent Educational Evaluations2006.1 AR – Independent Educational Evaluations2007 Regional Programs2007.0.1 Exhibit2008 Screening and Assessment2009 Release of Records to Law Enforcement For A Special Education Student2010 Positive Behavioral Intervention2010.1 AR – Positive Behavioral Intervention2010.2 AR – SELPA Certification Behavior Intervention Case Manager(BICM)2010.1.1 Exhibit2010.1.2 Exhibit2010.1.3 Exhibit2010.1.4 Exhibit2010.1.5 Exhibit2011 SELPA Manager Web-Based IEP’s2011.1 AR – SELPA Manager Web-Based IEP’s2011.1.1 Exhibit2011.1.2 Exhibit2012 Suspension/Expulsion2012.1 AR – Administrative Regulation2013 High Risk Residential Pool2013.0.1 Exhibit2013.0.2 ExhibitSection I. Meetings Held.Section 2. Meeting AgendasSection 3. Brown ActSection 4. PostingsSection 5. Emergency MeetingsSection 6. ActionSection 7. QuorumSection 8. VotesSection 9. MinutesBylaws

MADERA-MARIPOSA SELPASTATEMENTSI. PURPOSE OF POLICIESPolicies provide guidance to govern the responsibilities of the member LEAs of theMadera-Mariposa SELPA in the operation of the local plan. The local educationagencies have committed to policies and administrative regulations to assure thatstudents will have appropriate services provided in the least restrictive environment.II. PURPOSE OF ADMINISTRATIVE REGULATIONSAdministrative regulations are adopted to provide the member LEAs of the Madera-Mariposa SELPA guidance on how to implement a policy or a locally adoptedoperational practice.Policy recommendations will be drafted by the SELPA Director and reviewed byProgram Administrators. A draft version will be forwarded to the oversight committeefor review, and then to the Superintendents’ Council for review and approval. Each LEAsuperintendent is responsible for providing input and/or recommendations to and fromhis/her Board regarding policies, procedures and operation of the special educationprograms through his/her representative on the Superintendents’ Council.Policies and administrative regulations shall be kept current and reviewed annually bythe Program Administrators.III. POLICIES-GENERAL CONFORMITYAll policies of the Madera/Mariposa SELPA shall conform to the previsions of theCalifornia Administrative Code, Title V; the Education Code and specific authorizationand directives of the California State Legislature and the California State Board ofEducation as they relate to the Madera/Mariposa Local Plan for Special Education.IV. ORIGIN AND APPROVAL OF POLICIESStep 1: The SELPA Director will formulate draft policy and determine either to givethe draft policy to the Program Administrators for review or to place thedraft policy on the Oversight Committee agenda.Step 2: The SELPA Director places the draft policy on the agenda for theOversight Committee for review and recommendation to place as anaction item on the Superintendents’ Council.Step 3: The SELPA Director places the draft policy on the agenda for theSuperintendents’ Council for review and approval.Step 4: The Superintendents’ Council may direct the SELPA director to draftpolicy for Council review and approval independent of the aforementionedprocess.V. CONFLICTS BETWEEN SELPA POLICY AND LOCAL AGENCY POLICYWhen conflict exists between districts and SELPA policy which is harmful to cooperativeprogram implementation, such conflict shall be reported through the Director of theSELPA to the Policy Committee for study and recommendation.

POLICY 1001DISTRIBUTION OF FEDERAL AND STATEAB 602 ALLOCATION FUNDSA. ALLOCATION METHODOLOGY1. For the purposes of this section, revenue is defined to be those fundsreceived by the SELPA Administrative Unit (AU) from the State of California,including federal pass through funds that are allocated to the SELPA AU.This is intended to encompass all AB 602 base year funding plus ongoingadditional funding e.g. COLA and growth and excluding those fundsspecifically allocated for program specialist/regionalized services and lowincidence services. For the purposes of this section, this will be referred to asAB 602 apportionment.2. The SELPA AU is the designated recipient of the AB 602 apportionmenton behalf of all its member Local Education Agencies (LEA’s).3. In this section, AB 602 apportionment does not include specific grantsallocated to the SELPA AU by the State, nor does it include federal grants,except local assistance grants, allocated to the SELPA AU or passed throughthe state. Additionally, AB 602 apportionment does not include those fundsallocated directly to a SELPA member by any agency to include, but notlimited to: grants, Medi-Cal billings, revenue limits, and block grants.B. OVERVIEW1. MCSOS priority allotment programs will receive a percentage of theapportionment which can be adjusted only by the SELPA Superintendents’Council action. This percentage includes a 2% flexibility margin which isreflected in Tier I of the formula.2. The Mariposa County priority allotment programs will also receive apercentage of the AB 602 apportionment a percentage of the apportionmentwhich also can be adjusted only by the SELPA Superintendents’ Councilaction. There is no flexibility margin applied or reflected in Tier I of theformula for Mariposa.3. Other priority allotments include:3.1 One severe SDC-ED class at the approved SELPA rate for YosemiteJoint Union High School District through 2005-2006. Beginning 2006-2007 this class transfers to MCSOS with an adjusted percentage of theAB 602 apportionment to be transferred to MCSOS.3.2 The special needs pool allocation.4. The balance of funding not allocated as a priority allotment shall be

shared by all member LEA’s on a flat amount per weighted ADA.5. A program deficit is the responsibility of the program providerC. MCSOS PRIORITY ALLOTMENT PROGRAMS1. The priority allotment regional programs provided by MCSOS include classes forSeverely Disabled (SD) students, alternative education, RSP, and DesignatedInstruction Services (DIS). DIS services are as follows:• speech and language,• occupational therapy,• regional adaptive PE,• behavior intervention,• audiology,• home and hospital,• orientation and mobility,• school nursing, and• school psychology.2. Core Services (see attachment A)a. Core services are defined to be those regional program services operated byMCSOS and funded as a component of Tier I.b. Additional services, that are IEP driven and outside core services, may beprovided; however, these costs will be directly billed to the district approvingthose services.c. A service determined by MCSOS to be outside the core may be brought by adistrict to the Superintendents’ Council for inclusion in the core.Any service so included will be reviewed by the Oversight Committee fordetermination and recommendation to the Superintendents’ Council as to thefiscal impact. If of an ongoing nature, MCSOS priority allotment fundingpercentage shall be adjusted upward to reflect the increased program costs.d. Changes in core services resulting from State/Federal Mandates will bereviewed by the Oversight Committee for recommendation to theSuperintendents’ Council.3. MCSOS Priority Allotmenta. The MCSOS Tier I percentage, which includes the 2% flexibility margin, of theSELPA AB 602 apportionment is the MCSOS allocation for priority allotmentprograms and for core services as outlined in attachment A (See AttachmentA)

. In addition to the apportionment, any program operator receiving a priorityallotment will use funds generated by revenue limit ADA as apportioned tosupport its priority allotment programs.4. Program Reservea. Unexpended annual funds, which have been allocated through SELPA AB602 apportionment to MCSOS priority allotment programs, shall be firstallocated to a MCSOS special education reserve account not to exceed 3% ofcurrent year MCSOS priority allotment programs’ total expenditures.b. The accumulative reserve shall be maintained and accessed by MCSOS toguard against unforeseeable circumstances and to accumulate funding forfuture capital expenditures.5. Allocation of Unexpended FundsThe 2% flexibility margin funds less the MCSOS annual 3% reserve on AB 602expenditures, shall revert on a per weighted ADA basis to all SELPA LEAs.6. Annual Reviewsa. The Oversight Committee (OC) shall review Core Services at least annually orat the request of MCSOS and make recommendations to the SELPASuperintendents’ Council as appropriate.Oversight Committee (OC)Committee members are a sub group of Superintendents’ Council whose chargeis to:• Review fiscal policies.• Shall review at least annually, or at the request of the RegionalProvider the SH Core Program and make recommendations to theSC.• Determinates fiscal impact and what the regional program fundingpercentage shall be adjusted upward to reflect the increasedprogram costs when a service is determined by the regionalprovider to be outside the core program and is brought by a districtto the SC for inclusion in the core, for the express purpose ofrecommendation to the SC.• Changes in core services as a result of state/federal mandates willbe reviewed by the OC for recommendation to the SC.• Makes recommendations for priority funding for any other regionalprogram that it deems necessary.• Reviews individual LEA requests for growth/expansion of programs.

• Reviews and analyzes MOE annually for compliance with SELPApolicy and state requirement.b. MCSOS Priority Allotment Programs shall make available to the SELPAOversight Committee its prior year unaudited actual expenditures no laterthan November of each year.7. Charter Schoolsa. Charter schools making application as an LEA are referred to the Local Planregarding procedures and funding distribution.b. District charter schools who have been chartered through a SELPA memberLEA Board of Education shall be considered part of the funding of that LEA.c. County Office of Education Charter Schools are funded through theAB 602 SELPA funding formula on a flat amount per weighted ADA.Revised 11/07/07Second Reading 11/07/07First Reading 08/29/07Revised 10/26/05Second Reading 10/26/05First Reading 08/31/05Adopted 01/15/03

POLICY 1002STUDENTS WITH DISABILITIES ENROLLED BYTHEIR PARENTS IN PRIVATE SCHOOLAll member districts/Local Education Agencies (LEAs) of the Madera-Mariposa SELPAwill comply with federal and state laws regarding the identification, assessment, andprogram development for all students suspected of having disabilities. This includesstudents eligible for special education and related services who are unilaterally placedby their parents in private schools, including children enrolled in parochial schools,located in one of the districts within the Madera-Mariposa SELPA. A child eligible forspecial education and related services who is voluntarily enrolled by his/her parents in aprivate school has no individual right to receive some or all of the special education andrelated services that the child would receive if enrolled in a public school.Each district shall assist private schools located in the district in Child Find activities,accept referrals from private schools and conduct appropriate assessments. If a districtdetermines that a student is eligible to receive special education and related services,an offer of a Free Appropriate Public Education (FAPE) will be made through theIndividualized Education Program (IEP) process. Upon an offer of FAPE, a parentallyplaced private school student must be enrolled in a public school program in order forthe IEP to be implemented. In the event the parents elect to forego a public schoolplacement and continue the enrollment of their child in a private school, an IndividualServices Plan (ISP) will be developed, if appropriate, in accordance with this policy andfederal and state laws and regulations.District staff shall consult with appropriate representatives of private schools regardinghow to locate, identify, and evaluate all private school children with disabilities includingpreschools and religious schools. The consultation shall also address how theproportionate share of the federal dollars shall be spent to provide special educationservices to parentally placed students in private schools.On an annual basis the Madera Mariposa SELPA will provide notification to all LEAs oftheir requirement to conduct Child Find and Consultation with private schools regardingpolicies and procedures related to parentally placed private school students who maybe eligible for special education and related services. The Madera-Mariposa SELPA willalso support all LEAs by:• Determining the proportionate amount of Federal funds allocated to serveprivate school students for each LEA• Providing Child Find Brochures to each LEA upon request for distributionto private schools

• Serve public notice to Child Find• Collect and report to the State the required data regarding children placedby parents in private schoolsLegal References: EC 56205(A)EDUCATION CODE56170-56177 Children Enrolled in Private School56301 Continuous Child-Find System56303 Consider Regular Education Program ResourcesCODE OF REGULATIONS, TITLE 53000-3031UNITED STATES CODE, TITLE 201412(A)(10)CODE OF FEDERAL REGULATIONS, TITLE 34300.450-300.462 Children with Disabilities Enrolled by Their Parents in Private SchoolsRevised 11/07/07Second Reading 11/07/07First Reading 08/29/07Revised 01/19/07Revised 09/17/01Revised 09/19/99Adopted 05/10/99Second Reading 05/10/99First Reading 11/17/98

STUDENTS WITH DISABILITIESENROLLED BY THEIR PARENTS INPRIVATE SCHOOLADMINISTRATIVE REGULATION 1002.1Definitions:District of Residence, ("DOR"): As used in this policy, the district of residence refers tothe school district within which boundaries the child with a disability resides.Local Educational Agency, ("LEA"): As used in this part, the Local Educational Agency,LEA, refers to the school district where the private school or facility is located.Private School Children with Disabilities: As used in this policy, “private school childrenwith disabilities” means children with disabilities enrolled by their parents in privateschools or facilities.Private School or Facility: As used in this policy, “private school or facility” means: (1)private full-time day school pursuant to California Education Code section 48222(including religious schools); (2) private tutor pursuant to California Education Codesection 48224; and/or (3) any other California Department of Education ("CDE")identified educational institution, program, arrangement, or facility not sponsored,maintained, or managed by the school district and for which the school district doesnot collect average daily attendance funds; (4) CDE authorized private school affidavit.Procedures:The following procedures shall be followed by the school districts in theMadera/Mariposa Special Education Local Plan Area (“SELPA”) to ensure that theDistrict:Locates, identifies, and evaluates all children ages three (3) to twenty-two (22) withdisabilities enrolled by their parents in private schools including religious schools whomay be eligible for special education services;Offers a free and appropriate public education (FAPE) to all children ages three (3) totwenty-two (22) with disabilities, enrolled by their parents in private schools includingreligious schools, who are determined to be eligible for special education services.I. ConsultationThe LEA shall consult with private school representatives and representatives ofparents of parentally placed private school children with disabilities during the design

and development of special education and related services for the children, regarding—(A) the child find process and how parentally placed private school childrensuspected of having a disability can participate equitably, including howparents, teachers, and private school officials will be informed of theprocess;(B) the determination of the proportionate amount of Federal funds available toserve parentally placed private school children with disabilities under thissubparagraph, including the determination of how the amount wascalculated;(C) the consultation process among the local educational agency, privateschool officials, and representatives of parents of parentally placed privateschool children with disabilities, including how such process will operatethroughout the school year to ensure that parentally placed private schoolchildren with disabilities identified through the child find process canmeaningfully participate in special education and related services;(D) how, where, and by whom special education and related services will beprovided for parentally placed private school children with disabilities,including a discussion of types of services, including direct services andalternate service delivery mechanisms, how such services will beapportioned if funds are insufficient to serve all children, and how and whenthese decisions will be made; and(E) how, if the local educational agency disagrees with the views of the privateschool officials on the provision of services or the types of services, whetherprovided directly or through a contract, the local educational agency shallprovide to the private school officials a written explanation of the reasonswhy the local educational agency chose not to provide services directly orthrough a contract.When timely and meaningful consultation as described above has occurred, the LEAshall obtain a written affirmation signed by the representatives of participating privateschools, and if such representatives do not provide such affirmation within a reasonableperiod of time, the LEA shall forward the documentation of the consultation process tothe State Educational Agency. A private school official has the right to submit acomplaint to the California Department of Education (CDE), if:(A) The LEA's consultation was not meaningful and timely, or(B)The LEA did not give due consideration to the views of the private schoolofficial.

If a complaint is filed:(A)(B)The private school official must provide the basis of the complaint ofnoncompliance, andThe LEA must forward the appropriate documentation to the CDE.If the private school official is dissatisfied with the decision of the CDE, he/she mayappeal the decision to the U.S. Department of Education.II.Child FindA. The LEA shall undertake the following child-find activities with regard toprivate school children ages three (3) to twenty-two (22):1. Consult with representatives of private school children withdisabilities (including private school administrators, teachers,parents, and students) regarding the child-find process, including,but not limited to, criteria for special education eligibility and specialeducation referral procedures under federal and state laws andregulations.2. Distribute materials to representatives of private school childrenwith disabilities (including private school administrators, teachers,parents and students) regarding issues, including but not limited to,criteria for special education eligibility and special education referralprocedures under federal and state laws and regulations.3. The proportionate share of federal funds described in Section V(B)below, shall not be used for child-find activities.B. The LEA shall ensure child-find activities undertaken for private schoolstudents are comparable to activities undertaken for children withdisabilities ages three (3) to twenty-two (22) with disabilities in publicschools. Child-find activities shall include consultation withrepresentatives (staff and parents) of private school children three (3) totwenty-two (22) with disabilities regarding how to carry out child-findactivities.III.Special Education ReferralA. Students must be referred for special education instruction and servicesonly after the resources of the general education program have beenconsidered and, where appropriate, utilized.

B. If after considering and, where appropriate, utilizing general educationresources, representatives of private school children with disabilities(including private school administrators, teachers, and parents) determinethat a private school child may be eligible for special education services, areferral shall be directed to the Director of Special Education of the LEA.IV.Initial Individual Education Program (IEP) Team MeetingA. Upon identifying and locating a child suspected of being a child with adisability, the LEA shall refer the child to the District of Residence for anappropriate and timely initial assessment of the child's needs, if a currentassessment has not been performed by the District of Residence.B. If the parents of a private school child with a disability are clearly notinterested in enrolling their child in public school, and if the child is eligiblefor special education and related services as a child with a disability, theDistrict of Residence shall request the LEA to develop a IndividualizedService Plan ("ISP") in accordance with this policy and federal and statelaws and regulations.C. The DOR shall make the eligibility decision in accordance with applicablestate and federal laws and regulations.D. In order to ensure that the parents' intention are clear, the District ofResidence shall request that the parents sign the following statement on aform entitled Certification of Parent's Decision Not to Enroll in PublicSchool: Parents of _________ hereby certify that we are not interested inenrolling our child, _______, in the District. We are not interested in thedevelopment of an IEP for our child, the District's offer of a freeappropriate public education, and are only interested in an ISP from theLEA, the school district where the private school in which we areunilaterally placing our child is located. We have received the Madera-Mariposa SELPA Notice of Parents' Rights, and we understand the notice.E. If the parents of a private school child with a disability are interested inenrolling their child in public school, or are unsure of their intentions, theIEP team shall develop an IEP for the child.1. If the parents of a private school child with a disability agree withand consent to the IEP developed by the IEP team, the IEP shall beimplemented without undue delay following the IEP team meeting.

2. If the parents of a private school child with a disability agree with,but decline the IEP developed by the IEP team, the IEP team shall:a. Ask the parents to indicate their agreement with the followingstatement on the student’s IEP form: “I agree that the Districtof Residence has offered to my child a free appropriatepublic education, including appropriate services in specialeducation. However, I am voluntarily placing my child in aprivate school.”F. Request the LEA to develop an ISP, on the LEA ISP form in accordancewith this policy and federal and state laws and regulations.V. Child CountA. The LEA shall consult with representatives of private school children todecide how to conduct the annual count of the number of private schoolchildren with disabilities.1. The child count shall be conducted for attendance on December 1of the prior year. The child count shall be conducted by mail andfollow-up phone or in-person contact as needed.2. The child count shall be used to determine the amount that theLEA must spend on providing special education and relatedservices to private school children with disabilities in the fiscal yearfollowing the date on which the child count is conducted.B. Following the consultation, the LEA shall conduct an annual count of thenumber of private school children with disabilities.VI.ISP PolicyA. No private school child with a disability has an individual right to receivesome or all of the special education services that the child would receive ifenrolled in public school.B. Pursuant to federal and state law and regulations, the LEA shall spend aproportionate share of federal funds to provide special education andrelated services to private school children with disabilities ages three (3) totwenty-two (22) eligible for special education services. Decisions aboutthe services that shall be provided to private school children withdisabilities are made after consulting, in a timely and meaningful way, withrepresentatives of private school children with disabilities (including private

school administrators, teachers, parents and students) in order todetermine:1. Which disabling conditions will be served;2. What services shall be provided;3. How and where and by whom services will be provided; and4. How services will be evaluated.C. Following timely and meaningful consultation, the LEA will issue thefollowing report to the respective private schools:After consulting with representatives of private school children withdisabilities, the LEA determined that the following services shall beprovided to private school children with disabilities ages three (3) totwenty-two (22) who are determined to be eligible for special educationservices.1. Following the consultation with representatives of private schoolchildren with disabilities, as required by law, the following serviceswere determined to meet the prioritized needs of the eligible privateschool students with disabilities in the_______________________District within the Madera-Mariposa County SELPA:a. ________________________________________________________________________________________________________________________________________________b. ________________________________________________________________________________________________________________________________________________2. Transportation: If the ISP team determines that transportation isnecessary for the child to benefit from or participate in the servicesprovided in the child’s ISP, a private school child with a disabilityshall be provided transportation depending on the scheduling of theservices:a. from the child’s school or home to the service site other thanthe private school; and/orb. from the service site to the private school or child’s home.

The LEA shall not provide transportation from the child’s home tothe private school.The cost of transportation shall be included in calculating whetherthe LEA has spent a proportionate amount of funding on privateschool children with disabilities.D. Each private school child with a disability who has been designated toreceive services under this policy shall have an ISP that describes specificspecial education and related services that the LEA shall provide to thechild as determined by the LEA in this policy. The LEA shall ensure thata representative of the private school attends each meeting involving anindividual child’s ISP. If the private school representative cannot attend,the LEA shall use other methods to ensure participation by the privateschool, including individual or conference telephone calls.E. The services offered in this policy shall be reviewed by the LEA at leastannually by means of a survey initiated by each LEA and/or consultationwith representatives of private school children with disabilities ages three(3) to twenty-two (22) (including private school administrators, teachers,parents, and students).F. The services provided pursuant to the policy may be provided at a privateschool, including a religious school, to the extent consistent with law. Thelocation of the services shall be set out in the student’s ISP. Serviceproviders shall be hired and supervised by LEA. The LEA shall alsocontrol all property, equipment, and supplies allocated to benefit privateschool students with disabilities. However, the LEA shall not use itsproportionate share of federal funding to finance the existing level ofinstruction in a private school or to otherwise benefit the private school.VII.IEP Meetings After the Initial IEP Team MeetingA. All children with disabilities eligible for special education who reside in theDistrict of Residence are entitled to receive a FAPE from the District ofResidence if they are enrolled in public school. One year after an eligibleprivate school child’s initial IEP team meeting and annually thereafter, theDistrict of Residence shall notify the child’s parents in writing that theDistrict of Residence:1. Continues to offer a FAPE in accordance with federal and statelaws and regulations;2. Is ready, willing, and able to schedule an IEP team meeting for their

child in order to offer the child a FAPE, subject to assessment, ifappropriate, if the parents express an interest in enrolling their childin public school.Unless Paragraph VII. B, below, applies, the parents shall be requested tosend the document back to the District of Residence and indicate theiragreement with one of the following statements:1. I understand that the District of Residence continues to offer mychild a free appropriate public education (including appropriatespecial education and related services) if he/she is enrolled inpublic school. I continue to unilaterally place my child in a privateschool; and:___ I would like my child to continue to receive services pursuant tohis/her ISP. I am not interested in enrolling my child in publicschool. (In this case, the District of Residence will forwardwithin 3 business days a copy of this document to the LEA.)or___ I would like to schedule an IEP for my child.2. I am interested in enrolling my child in public school. I would like toschedule an IEP team meeting for my child. Please call me at:[parent inserts phone number] in order to schedule the IEPmeeting.B. Notwithstanding Paragraph VII. A. above, the District of Residence shallconvene an IEP team meeting at least every three years in order todetermine continuing eligibility for special education.VIII. Private Preschool Students with Disabilities (Age 3.0 - 5.11)A. If the IEP team determines that a preschool child with a disability is eligiblefor special education services and develops an IEP offering only relatedservices (i.e., placement is not a component of FAPE), the eligiblepreschool student shall be considered a public school student. TheDistrict of Residence shall provide the eligible preschool child with adisability with a FAPE in accordance with federal and state laws andregulations, and the IEP.B. If :1. an IEP team determines that a preschool child with a disability is

eligible for special education services and develops an IEP offeringplacement and related services; and2. the parent agrees with the IEP developed by the IEP team, butdeclines public preschool placement in order to unilaterally enrollhis/her child in a private preschool, then the eligible preschool childwith a disability shall be considered a unilaterally placed privateschool student. In such case, the LEA shall offer an ISP for thestudent.IX.Dispute ResolutionA. When FAPE is not at issue, special education due process procedures arenot available to parents for resolving disagreements about the servicesprovided to private school children unilaterally placed by their parents.B. No LEA of District of Residence is required to pay for the cost ofeducating a child with a disability at a private school (including specialeducation and related services) if: (1) the District of Residence made aFAPE available to the child, and (2) the parents voluntarily elected toplace their child in a private school.C. Disputes regarding whether the District of Residence made a FAPEavailable to the child (as well as the initial location, identification, andassessment of the parentally placed private school child with disabilitiesby the LEA and/or the District of Residence, as appropriate) may beresolved pursuant to local policies and procedures and/or by filing arequest for a due process hearing with the Office of AdministrativeHearings.D. Disputes regarding the LEA's policy regarding Children with DisabilitiesEnrolled by their Parents in Private Schools Policy may be resolvedpursuant to local policies and procedures, and/or by filing a complaint withthe California Department of Education pursuant to Title 5 of the CaliforniaCode of Regulations, section 4600 et seq.Legal References:UNITED STATES CODE, TITLE 20Section 1412(a)(10) (A)

Administrative RegulationProcedure for determining proportionate amount of Federal Funds availableto serve parentally placed private school students with disabilities:Private School Funding CalculationTo calculate the proportionate share that an LEA must spend, use the figuresfound on the prior year 611 (3-21 year olds) and 619 (3-5 year olds) GrantAward letters, and the pupil count from the most recent December 1 count.Sample Calculations:Step 1:Eligible ParentallyPlaced Private School Students (3-21) X 611 grant amt. =Total amount of 611 funds toexpendTotal LEA (3-21)for private schoolEligible Unduplicated Pupil Count (including above number) students 3-21.Example: 102500 = 0.004 X $2,500,000.00 = $10,000.00Step 2:Eligible ParentallyPlaced Private School Students (3-5) X 619 grant amt. = Total of 619 fundsTotal LEA (3-5)amount to expendEligible Unduplicated Pupil Count (including above number) for private schoolstudents 3-5.Example: 2200 = 0.01 X $175,000 = $ 1,750.00Total Federal funds to be expended based on # of privately placed children = $ 11,750.00

Timeline to Ensure Timely and Meaningful Consultation__________(by insert date)__________(by insert date)__________Date of meeting__________(by insert date)On-goingOn-goingA. LEAs send letter to principals of private schoolsincluding attachments, relevant code from IDEIA. PrivateSchools Questionnaire, time and date of service meetingto discuss input. A listing of private schools can beaccessed at: www.cde.ca.gov/sp/ps/rq/ap/coe_logon.aspB. LEAs meet with representative from private schools andparents of parentally placed private school students. Useagenda/check list to guide completing of required contentof consultation.C. Obtain written affirmation that timely and meaningfulconsultation has occurred with representatives of privateschools and parents of parentally placed private schoolstudents.D. LEA sends letter to private school outlining services tobe provided to parentally placed private school studentswith disabilities.E. LEA receives referrals for evaluation from private schoolsthroughout the year. If disability is suspected, LEA shallforward referral to DOR. Eligible students will haveaccess to LEA determined services identified in theirService Plan based on availability of proportionate shareof funds.F. Each LEA shall collect and maintain data relating toreferrals, evaluations and services provided under thislaw.NotificationDistrict of residence will notify LEA of parent decision not to access FAPE by enrolling inpublic school. District of residence will send completed copy of Certification of ParentDecision Not to Enroll in Public School to LEA in which private school is located.Adopted 11/07/07Second Reading 11/07/07First Reading 08/29/07

Exhibit 1002.1.1(Use your District’s Letterhead)Date:__________________________To:______________________________________From: ______________________________________Re:Serving Children with Disabilities Enrolled by Their Parent in Private School- Triennial AssessmentThe Madera – Mariposa Special Education Local Plan Area (SELPA) has developed a policy entitled 1002. Acopy of this policy is available upon request. This policy summarizes the federal law and regulations governing aschool district’s obligations to children with disabilities enrolled by their parents in private schools.A school district’s obligations to private school children with disabilities are limited. Under the Individuals withDisabilities Education Improvement Act (IDEIA) and its implementing regulations, no private school child with adisability has an individual right to receive some or all of the special education and related services that the childwould receive if enrolled in the public school system. Rather, the federal law and regulations require schooldistricts to:• identify, locate, and assess these children• make a free appropriate public education available to these children by:- developing an individualized educational program (IEP) if their parents express an interest in enrolling(or re-enrolling) their child in a public school; and- implementing the IEP if and when their parents enroll their child in public school.• provide special education and related services to these children as calculated from available federal funds andthe numbers of eligible students.Pursuant to the SELPAs Policy 1002, your child is a “private school child with a disability” anddoes currently receive services pursuant to a Madera - Mariposa SELPA Individual Services Plan(ISP)does not currently receive services pursuant to a Madera-Mariposa SELPA Individual Services Plan(ISP)Your school district’s obligation to identify, locate, and assess all children with disabilities includes the duty totriennially (i.e., every three years) assess your child and convene an IEP team meeting to determine his/herpresent levels of functioning and continuing eligibility for special education and related services. Your child isdue for his/her triennial assessment.

Check one of the following two boxes: Based on a review of existing evaluation data regarding your child, we have determined that your childcontinues to be eligible for special education and related services. No additional data is needed to makethis determination. This determination is made based on:________________________________________________________________________________________________________________________________________________________________________________Nevertheless, you have the right to request an assessment to determine whether your child continues to beeligible for special education and related services. If you wish to request such assessment, please sign andreturn the enclosed Madera-Mariposa SELPA Assessment Plan. Based on a review of existing evaluation data regarding your child, we have determined that additional data isnecessary to determine whether your child continues to be eligible for special education and related services.In order to initiate the assessment process, please sign and return the enclosed Madera-Mariposa SELPAAssessment Plan.Note that your school district of residence has 60 days from receipt of the signed Assessment Plan to assess yourchild and to convene an IEP meeting. Further, your school district of residence will invite a representative fromyour child’s private school to discuss your child’s present levels of functioning.In addition, please be advised that your school district of residence continues to make available a free appropriatepublic education to your child. If you express an interest in enrolling (or re-enrolling) your child in a publicschool, the school district will be required to complete a triennial assessment of your child in order to obtain thedata necessary to develop your child’s IEP. The district will then convene an IEP team meeting, develop yourchild’s IEP, and implement that IEP if and when you enroll your child in a public school. If it is your clear intentto maintain your child’s enrollment in private school, your child may be (or continue to be) eligible to receiveservices under a SELPA Services Plan.Please inform us of how you intend to proceed with regard to your child by completing the enclosed AssessmentPlan, if appropriate, and Notification of Parental Intent form. Thank you for your prompt attention to our inquiry.If you have any questions or need further information, please do not hesitate to contact us.EnclosuresNotification of Parental IntentAssessment PlanNotice of Parental Rights & Procedural Safeguards for Special Education

Exhibit 1002.1.2Please return this form by April 30, 2007 to: Attn: Claudia Norris, SELPA DirectorMadera-Mariposa SELPA28123 Avenue 14Madera, CA 93638MADERA - MARIPOSA SELPAPRIVATE SCHOOLS SERVICE QUESTIONNAIREName of private school __________________________________________________________________________Name of person responding_______________________________________________________________________Title of person responding________________________________________________________________________Address and phone number of school____________________________________________________________________________________________________________________________________________________________School district in which Private School is located______________________________________________________Please specify the number of students in each disability category currently enrolled in your school who have currentIEPs/SPs:Speech Impaired ______________________ Health Impaired __________________Learning Disability_____________________ Deaf ___________________________Mildly Mentally Retarded _______________ Deaf-Blind ______________________Moderately Mentally Retarded____________ Hard of Hearing __________________Severely Mentally Retarded______________ Visually Impaired _________________Autistic ______________________________ Blind __________________________Orthopedically Impaired________________ Seriously Emotionally Disturbed _____DESCRIPTION OF CURRENT SERVICESPlease describe the services students with disabilities who have IEP/SPs are receiving:Services of a Speech Therapist _____________________________Services of a Resource Specialist Teacher ____________________Services of an Adaptive PE Specialist _______________________Services of a School Psychologist __________________________Services of a Teacher of the Orthopedically Impaired ___________Services of a Teacher of the Deaf __________________________Services of a Teacher of the Visually Impaired ________________Services of a __________________________________________Please list suggestions that you may have to assist the SELPA in planning services.Suggestions: ___________________________________________________________________________________________________________________________________________________________________________

Exhibit 1002.1.3

Exhibit 1002.1.4AffirmationsOn (enter date) , the (district name) held a meeting to discuss the special education serviceneeds of parentally placed private school students with disabilities. Private schoolrepresentatives and parental representatives were invited to participate in meaningful and timelyconsultation. Consultation occurred on the following items:• Child Find Activities and Process• Proportionate Funding Formula• Child Count• Consultation Process• Special Education services to be provided in the upcoming school year, including, but not limitedto:o Type of special services to be providedo Extending the offering of special education services (FAPE)o Frequency of the special serviceso Location(s) where the special education services may be deliveredo District contact personnel for each of the special education servicesPlease check the appropriate box:I was able to attend and participated in the meetingComments:___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Name and Title of Representative of Private School_____________________________________________________________Received By: Name and Title of the (enter district name)_________(date)_________(date)

Exhibit 1002.1.5Consultation Meeting Regarding Parentally Placed Private School Studentswith Disabilities.Date ______________________Time ______________________Place ______________________Representative of the (insert name)_________the___school(s)_______________________and parent (s) held ameeting to consult regarding the provision of special education services to parentally placedchildren with disabilities in private schools.AGENDA 1. Introductions 2. Legal Requirements of IDEIA, 2004 (PS 1a) 3. Child Find• Criteria for special education eligibility• Referral procedures for special education 4. Child Count• December 1 prior year pupil count 5. Determination of proportionate share (Administrative Regulations) 6. Consultation Process (Administrative Regulations) 7. Provision of Service discussed:• Types and models of service delivery for the ________ school year• Decision making and private school notification 8. Disagreements about service: LEA will submit a written explanation to theprivate school of decision(s) in cases of disagreement on provision or typeof services

Exhibit 1002.1.6(Use your District’s Letterhead)CERTIFICATION OF PARENT DECISION NOT TO ENROLL IN PUBLIC SCHOOLParents of, ______(Insert name of student)_________________hereby certify that we are not interestedin enrolling our child, (Insert name of student) , in the____(Insert District name)__________________________ District. We are not interested in thedevelopment of an IEP for our child or in the District’s offer of a free appropriate public education. Weare only interested in a Service Plan from the Local Education Agency, ( Insert name of LEA), which isthe district where, (Insert name of private school), the private school in which we are unilaterallyplacing our child, is located.We have received the Madera-Mariposa SELPA Notice of Parents’ Rights and we understand the notice.________________________________________Parent’s Signature________________________________________Print Namecc: LEA

Exhibit 1002.1.7(Use your District’s Letterhead)January 24, 2007(Insert - Private School Name)(Address)(City, State, zip)Dear: (Insert Private School contact name)1. After consulting with representatives of private schools and parents of parentally placed privateschool children with disabilities, the LEA determined that the following services meet theprioritized needs of the eligible private school students with disabilities ages 3-22 who areenrolled in a private school in the (Insert District name) District withinthe Madera-Mariposa SELPA.a. __________________________________________________________________________________________________________________________________________________________________________________________________________________b. __________________________________________________________________________________________________________________________________________________________________________________________________________________2. Transportation: If the Service Plan (SP) team determines that transportation is necessary forthe child to benefit from or participate in the services provided in the child’s SP, a privateschool child with a disability shall be provided transportation depending on the schedulingof the services: *a. from the child’s school or home to the service site other than the private school; and/orb. from the service site to the private school or child’s home*The cost of transportation shall be included in calculating whether the LEA has spent a proportionateamount of funding on private school children with disabilities. The LEA shall not provide transportationfrom the child’s home to the private school.Sincerely,(insert name, title of special ed administrator)

Exhibit 1002.1.8(insert date)TO:FROM:RE:Principals of Private Schools in Madera and Mariposa CountiesMadera-Mariposa SELPA- Claudia Norris, DirectorSpecial Education Services for Disabled Students Attending Private SchoolsRecent changes in Federal law affecting special education and related services provided tostudents with disabilities in private schools require SELPAs to receive input from private schoolsand representatives of students with disabilities enrolled in private schools regarding the designand development of special education and related services for the students regarding thefollowing:(I) the child find process and how parentally placed private school children suspected of havinga disability can participate equitably, including how parents, teachers, and private schoolofficials will be informed of the process;(II) the determination of the proportionate amount of Federal funds available to serve parentallyplaced private school children with disabilities under this subparagraph, including thedetermination of how the amount was calculated;(III) the consultation process among the local educational agency, private school officials, andrepresentatives of parents of parentally placed private school children with disabilities,including how such process will operate throughout the school year to ensure that parentallyplaced private school children with disabilities identified through the child find process canmeaningfully participate in special education and related services;(IV) how, where, and by whom special education and related services will be provided forparentally placed private school children with disabilities, including a discussion of types ofservices, including direct services and alternate service delivery mechanisms, how suchservices will be apportioned if funds are insufficient to serve all children, and how and whenthese decisions will be made; and(V) how, if the local educational agency disagrees with the views of the private school officialson the provision of services or the types of services, whether provided directly or through acontract, the local educational agency shall provide to the private school officials a writtenexplanation of the reasons why the local educational agency chose not to provide servicesdirectly or through a contract.

Federal law requires that the amount expended by local district to serve parentally-placedstudents in private schools shall be equal to a proportionate amount of federal funds madeavailable under Part B provisions of the IDEIA-2004. The IDEIA does not impose an obligationon the state or local districts to spend their money on such services.In order to facilitate this requirement, a service questionnaire is attached so that you may provideyour input. Your assistance in providing this information will be most helpful in developingpolicies and practices for the provision of services to students with disabilities enrolled in privateschools throughout the Counties. In addition, please share the questionnaire with teachers andparents so that we will receive their input as well.Should you have any questions or have any additional information to provide, please feel free togive me a call at (phone).Please return the attached questionnaire by ___ (insert date)__. A meeting will be held on___ (Insert date, time and place to further discuss all your input.Please invite the parents of students with disabilities to this meeting. Following thismeeting, a summary of the results of the input and a description of the services to be provided forthe (insert year) school year will be sent to each private school.Return the questionnaire by (insert date) to:Attn: Claudia NorrisMadera-Mariposa SELPA28123 Avenue 14Madera, CA 93638

POLICY 1003LEAST RESTRICTIVE ENVIRONMENTSpecial education is an integral part of the educational process and provides a meansof supporting the capacity of the educational system to serve the needs of all students.It is the intent of the districts in the Madera-Mariposa SELPA to serve students withdisabilities in the least restrictive environment consistent with their academic and nonacademicneeds.In most instances, the Individual Education Plan (IEP) team determines the extent towhich a student with a disability participates in general education with students nothaving a disability. The determination of the appropriate program placement andrelated services is made by the IEP team based upon the unique needs of the studentwith a disability. The IEP will include an explanation of the extent, if any, to which thestudent will not participate with general education students in the general educationclassroom and in extracurricular and nonacademic activities.Reference: California Education Code 56031, 56205, 56360, 56361Adopted 5/21/08Second Reading 5/21/08First Reading WaivedRevised 11/07/07Second Reading 11/07/07First Reading 08/29/07Revised 05/17/06Second Reading 05/17/06First Reading 04/06/06Adopted 06/15/94

POLICY 1004PROGRAM COMPLIANCE MONITORINGAND SUPPORTThe Madera-Mariposa SELPA has been formed by member public school agencies toassure access to special education and services to all individuals with exceptionalneeds residing in the geographic area served by the member district or county schoolsoffice. The Superintendents’ Council is responsible for monitoring the completed plan toverify that each participating Local Education Agency (LEA) carries out the duties andresponsibilities assigned to it within the plan. A Combination of factors must bereviewed to determine the quality of a program or service or the degree to which anagency is compliant with the intentions of the law. As the State monitors LEAs andtakes action to encourage and enforce compliance, it is incumbent upon SELPAs toprecede State sanction with prevention and intervention activities. Through monitoringof the practices of LEAs, the SELPA can support LEA efforts, target preventionactivities, and provide appropriate intervention when necessary.These recommendations are not to be taken as an indication that the member LEAs ofthe Madera-Mariposa SELPA are not providing quality services to children or havesignificant non-compliance issues. Historically incidence rates for disputes and noncompliancefindings are below the State average and programs and services offeredhave been tailored to meet individual student needs given limited resources and a vastgeographic service delivery area.This policy is designed to identify the combination of factors that will be monitored bythe LEA, SELPA, and State to ensure responsibilities are met and to direct level ofsupport to be provided by the SELPA.The State has identified State Performance Plan (SPP), State test scores, QualityAssurance Program, Complaint outcomes, Hearing outcomes, Pupil Count, SelfReview, and Maintenance of Effort as some of the activities that will be monitored forcompliance and potential State intervention. LEAs and the SELPA will monitor theseareas as well. When a combination of characteristics is present, the SELPA will providespecific support. The goal is to recognize the exemplary practices with commendationsand target SELPA resources in support of LEAs requiring assistance, while assuringthat the practices of one LEA are not detrimental to other LEAs or the SELPA as awhole.1) Compliance Commendationa) No significant non-compliance findings identifiedb) Report data sources complete and provided in timely mannerc) Dispute outcomes below statewide levelsd) No issues identified by the State

SELPA Support‣ Monitors data‣ Provides general training‣ Recognizes exemplary practices by sharing with other LEAsOperational Non-Compliancea) Non-compliance issues identifiedb) Report data sources complete and provided in timely mannerc) Dispute outcomes below statewide levelsd) No significant issues identified by the State from self review processSELPA Support‣ Monitors data and notifies special education administrator andbusiness manager‣ Assists with development and implementation of correctiveaction plan or improvement plan‣ Provides general training2) Substantial Non-Compliancea) Corrective action plan requires SELPA involvementb) Data incomplete or not provided in a timely mannerc) Dispute outcomes above the statewide levelsd) State involved in on-site review and identification of non-compliant issuesSELPA Support‣ Notifies Superintendents’ Council and LEA superintendent inwriting‣ Provides technical assistance‣ Conducts on site random record review with a team‣ Assists with development and implementation of correctiveaction plan or improvement plan‣ Provides specific training‣ Delay monthly deposit of special education funding untilreports, overdue after the State deadlines, are provided3) Systemic Non-Compliancea) Corrective action plan with outstanding issues after 3-12 monthsb) Data incomplete or not provided in a timely mannerc) Dispute outcomes above the statewide average and clusters of issuesidentifiedd) Multiple issues with performance among the lowest 15% of the Statee) State involved in on-site corrective action plan or improvement plan

SELPA Support‣ Notifies Superintendents’ Council, LEA superintendent andBoard in writing‣ Directs SELPA program specialist to supportimplementation of elements of the corrective action plan tofocus on technical assistance, specific training andmonitoring of outcomes‣ Delay monthly deposit of special education funding untilreports, overdue after the State deadlines, are provided4) State Sanctionsa) Corrective action plan with outstanding issues after 12 monthsb) Data incomplete or not provided in a timely mannerc) Dispute outcomes above the statewide average and clusters of issuesidentified. Orders, agreements, or corrective action not implementedd) Multiple issues with performance among the lowest 15% of the State withno substantial improvement over timee) State involved in on-site corrective action plan or improvement planincluding but not limited to assignment of an external monitor, court order,or the withholding of fundsSELPA Support‣ Notifies Superintendents’ Council, LEA Superintendent andBoard, Superintendent of the Madera-Mariposa SELPAAdministrative Unit‣ Withholds funds from the specified LEA reflective of Stateaction impacting the SELPA allocation‣ Directs SELPA program specialist to supportimplementation of elements of the corrective action plan tofocus on technical assistance, specific training andmonitoring of outcomes‣ Delay monthly deposit of special education funding untilreports, overdue after the State deadlines, are providedReference: §56205 (a) (11), (12) (D) (IV)Adopted 11/07/07Second Reading 11/07/07First Reading 08/29/07

POLICY 1005CHILD FINDThe Madera-Mariposa SELPA Special Education Local Plan Area carries out a varietyof activities to ensure that all individuals with disabilities residing within its jurisdictionare identified, located, and evaluated. These activities include maintaining an ongoingsystem of coordination, documentation and reporting with regard to child find and publicawareness activities throughout the region as required by statutes and regulationsEC 56301.IDENTIFICATION, LOCATION AND EVALUATIONThe governing boards of the Madera-Mariposa SELPA assure an ongoing effort toidentify all individuals with disabilities including infants, children for whom English is nota primary language, students with low incidence disabilities, students attending privateschools, highly mobile children, and children who are suspected of having a disabilityand in need of special education even though they are advancing from grade to grade.The Madera-Mariposa SELPA works closely with public agencies such as CentralValley Regional Center (CVRC), Head Start, California Children’s Services, MentalHealth, Human Services and others as appropriate in the identification of individualswith disabilities. Materials are distributed to pediatricians, health care professionals,and other agencies within the SELPA.Each local education agency within the SELPA has established procedures for theidentification, location and evaluation of students who may require special educationservices. Information regarding child find activities is included in the annual notice thatis distributed to parents of all children.PRIVATE SCHOOL REPRESENTATIVESAt least annually, the SELPA staff will, in writing, notify private schools regardingprocedures for identification, location and evaluation of students enrolled at the privateschools.WRITTEN REQUEST FOR REFERRALThe SELPA staff will have available training to all district office and site leveladministrators on referral procedures including the need for a written referral request.District administrators are responsible for written notification of all parents, uponenrollment of their child(ren) and annually thereafter, regarding the right to initiate areferral and to review or to file a complaint concerning an alleged violation of specialeducation laws or regulations.

ASSISTANCE TO PARENTS IN FILING A WRITTEN REQUESTIf a parent makes a verbal request for special education assessment, the public schoolemployee responsible for receiving referrals will inform/assist the parent of the need tofile a written request. The public school employee will provide the parent withassistance, as needed, in completing the written request.INFORMATION TO NON-ENGLISH SPEAKING PARENTSIf a parent whose primary language is not English makes a verbal request for specialeducation assessment, the public school employee responsible for receiving referralswill inform the parent of the need to file a written request through the use of aninterpreter or by providing the parent with written information in the parent’s primarylanguage. The public school employee will provide the parent with assistance, asneeded, in completing the written request.Reference: EC 56301Revised 11/07/07Second Reading 11/07/07First Reading 08/29/07Adopted 09/18/02Second Reading 09/18/02First Reading 09/18/02

POLICY 1006INDIVIDUALIZED EDUCATION PROGRAM (IEP)The Madera-Mariposa SELPA has developed special education forms that are used byall districts and the County Offices of Education providing special education servicesthroughout thee SELPA. The Madera-Mariposa SELPA prints and provides copies of allforms to participating districts EC 56205(a).IEP COMPONENTSThe Madera-Mariposa SELPA Individualized Education Program (IEP) is used by alllocal education agencies within the SELPA and includes all required components.The IEP will include measurable annual goals, including academic and functional goals,related to the student’s needs, resulting from the student’s disability, that enable le thestudent to be involved in and progress in the general education curriculum and thatmeet each of the student’s other educational needs that result from the student’sdisability. Parents will be regularly informed at least as often as are parents ofnondisabled students regarding progress toward annual goals.The IEP will include descriptions of program modifications and supports for schoolpersonnel that will be provided to enable the student to:Advance toward attaining annual goalsBe involved and make progress in the general education curriculum andparticipate in extra-curricular activitiesBe educated and participate with other students with disabilities and with nondisabled studentsThis should include a variety of related services, and other supportive services basedon student needs to assist a student with a disability to benefit from special education.The IEP will include the projected date (month, date and year) for initiating services andmodifications. The LEAs of the Madera-Mariposa SELPA will make a good faith effort toassist students to achieve the goals and benchmarks listed in the IEP.PARENT NOTIFICATION PROCEDURESEach local education agency shall make every reasonable effort to ensure that one orboth parents of the child with a disability are present at the IEP meeting or are affordedthe opportunity to participate, including notifying the parents of the meeting earlyenough to ensure that they will have an opportunity to attend. When required, the LEAwill provide a surrogate, who has received training through the SELPA.TIMELINE FOR NOTIFICATION OF IEPParents will be provided a reasonable amount of notification of the IEP meeting. TheSELPA standard is no less than 10 days notification.

SCHEDULING OF IEP MEETINGEach local education agency shall make every reasonable effort to ensure that one orboth parents of the child with a disability are present at the IEP meeting or are affordedthe opportunity to participate, including scheduling the meeting at a mutually agreed ontime and place. If neither parent can attend, the local education agency shall use othermethods to ensure parent participation, including individual or conference telephonecalls and other reasonable accommodations.NOTICE OF IEP MEETINGThe notice of IEP meeting shall indicate the purpose, time, and location of the meetingand who shall be in attendance. Required members of an IEP team included: parent,administrator or designee, general education teacher, and Special Education teacher.ATTENDANCE BY OTHER INDIVIDUALSThe notice of IEP meeting informs parents of their right to bring other people to themeeting who have knowledge or special expertise regarding the student withdisabilities. The LEA ensures that parents understand the proceedings of the IEPmeeting, including arranging for interpreters for parents whose primary language isother than English or who are deaf.TRANSITION SERVICESTransition services will be outlined through the IEP regarding the coordinated efforts forpost school activities. The first IEP that addresses transition, when the student turns 16years old or younger, if appropriate, contains measurable post secondary goals basedon age appropriate transition assessments related to training, education, employment,and, where appropriate, independent living skills. The transition services should bebased on the individual student’s needs, taking into account the students preferencesand interests. Students will be provided with a summary of the academic achievementand functional performance when eligibility was terminated due to graduation fromsecondary school with a regular diploma, or due to exceeding the age eligibility forFAPE.PARTICIPATION OF OTHER PUBLIC AGENCIESEach local education agency shall invite a representative of any other agency that islikely to be responsible for providing or paying for services, including transition servicesto secondary or postsecondary programs. If an agency invited to send a representativeto a meeting does not do so, the local education agency shall take other steps to obtainparticipation of the other agency in writing.TRANSITION SERVICES IN THE IEPThe Madera-Mariposa SELPA IEP contains statements of transition service needs thatfocus on the student’s courses of study. The IEP team must address transition servicesfor those students’ ages 16 and older and may address transition service needs forstudents younger than 16 years when appropriate.EXPANDED IEPAn expanded IEP Team meeting shall be held to review the assessment whenresidential or out–of-home placement may be indicated for Emotionally Disturbed (ED)students. There will a mental health professional in attendance at the IEP who is

familiar with the student and signs the IEP. This is in accordance with the interagencyagreement.REVISION OF THE IEPThe IEP team must revise the IEP, as appropriate, due to any lack of progress towardthe annual goals and in the general curriculum. The IEP team will consider results ofany reevaluation when reviewing student progress at the IEP. As well the IEP teammust revise the IEP, as appropriate, due to the student’s anticipated needs.AMENDED IEPIn making minor changes to a child’s IEP after the annual IEP Team meeting for aschool year, the parent of a child with a disability and the public agency may agree notto convene an IEP Team meeting for the purposes of making those minor changes, andinstead may develop a written document to amend or modify the child’s current IEP.IEP TEAM MEMBER EXCUSALA member of the IEP Team may be excused from attending an IEP Team meeting, inwhole or in part, when the meeting involves a modification to or discussion of themember’s area of the curriculum or related services, if; The parent consents in writing tothe excusal; and the member submits, in writing, to the parent and the IEP Team, inputinto the development of the IEP prior to the meeting.IEP WITHOUT PARENTSAn IEP is held without the parent only when the LEA has repeatedly documentedmultiple efforts to have parents in attendance, but have been unable to persuade theparents to attend. A parent signature is required for initial placement or a change ofplacement. Following repeated unsuccessful attempts for parent participation, the LEAmay be obligated to file for due process or mediation.Reference: EC 56205(a)TRANSFERS FROM OUTSIDE THE STATEIf the child has an individualized education program and transfers from an educationalagency located outside the state to a district within the state within the same academicyear, the local educational agency shall provide the pupil with a free appropriate publiceducation, including services comparable to those described in the previously approvedindividualized education program, in consultation with the parents, until the localeducational agency conducts an assessment.Adopted 5/21/08Second Reading 5/21/08First Reading WaivedRevised 11/07/07Second Reading 11/07/07First Reading 08/29/07Adopted 09/18/02Second Reading 09/18/02First Reading 05/15/02

Exhibit 1006.1.1Page____of____Summary Of The Student’s AcademicAchievement And Functional Performance (A)Student’s NameDate of SummaryReason for Exit (check the ONE that applies):Graduated per District’s requirements/policy, and completion of California High School Exit Examination (CAHSEE) earning a regular high school diplomaReached age 22 and earned Certificate of Achievement or a Certificate of Completion and is no longer eligible for special education servicesStrengths/Interests/Learning Preferences:Pre-Academic / Academic / Functional Skills (Note results of any general State or district-wide assessments):Cognitive Abilities:Communication Skills:Motor Skills (Fine/Gross):Health:Social/Emotional/Behavioral:Self Help/Adaptive:Pre-Vocational/Vocational:Agency Linkages (check agencies known to be working withthe individual or could be a resource to the individual)Agency Contact Person and phone number, if knownRegional CenterCalifornia Children's Services (CCS)Dept. of Social Services (DSS)County Mental Health (CMH)Employment Development DepartmentDepartment of RehabilitationComm. College/University Disabled Student ServicesProbationOther:Other Recommendations:03-27-2006 Form 17A Prepared for printing by Madera-Mariposa SELPA

Summary Of The Student’s AcademicAchievement And Functional Performance (B)Page____of____Student’s Name(These accommodations have been documented on IEP)Date of SummaryRecommendations Of Accommodations, Supports And Resources Continued:Related To Support_____ Check for understanding_____ Instructions/directions repeated/rephrased_____ Present one task at a time_____ Preferential/assigned seating; explain:___________________________________________________________ Use of assignment notebook or planner_____ Provided with progress reports_____ Supervision during unstructured time_____ Cues/prompts/reminders of rules / procedures_____ Offer choices_____ Note taking assistance_____ Access to computer on campus_____ Use of a scribe/word processing_____ Use of a calculator_____ Peer tutor/ staff assistance in____________________________________________________________ Prior Behavior Support Plan (BSP)_____ Home/job/school communication system; explain:____________________________________________________________ Other:Related to Health Concerns_____ Reminder to take medication(s)_____ Medication(s) given under supervision_____ Other: _________________________________________________Presentation of Materials & Instructions_____ Books on tape and/or CD_____ Assignments/tests modified to address identified needs of learningstyles:_______________________________________________________ Large print_____ Closed caption_____ English language development materials_____ Manipulative/study aids for _____________________________________ Test questions/assignments -given orally_____ Tests/assignments directions - read orally_____ Tests/assignments-shorten_____ Questions on tests/assignments rephrased_____ Preview of tests/assignments_____ Tests/assignments given in smaller parts_____ Visual aids: flash cards, maps, posters, clues, etc._____ Other; explain: __________________________________________Response to Materials & Instruction Settings Timing/Scheduling ofTasks/Assignments/tests_____ Reduced/shortened tests/assignments/tasks:____________________________________________________________ Extended time on in-class assignments/tests:____________________________________________________________ Use of notes for tests/assignments_____ Open book for tests/assignments_____ Spelling errors will not impact grade when no opportunity for editingassistance and/or spell-check is available_____ Special projects or alternate assignments in lieu of assignmentsGiven to non-disabled peers_____ Use of a calculator_____ Proof-reader and redo assignment or writing mechanics not graded_____ Other: _________________________________________________Settings_____ Access to study carrel for task/assignments/tests_____ Free from visual distractions_____ Quiet environment - free from excessive noise_____ In a small group environment_____ Other: _________________________________________________Timing/Scheduling of Tasks/Assignments/Tests_____ Extended time(s):___________________________________________________________________________________________________________________ Tests/assignments given in shortened time segments_____ Extended time on in-class assignments/tests:____________________________________________________________ Other: _________________________________________________For Additional Information such as however not limited to; last cognitiveassessment results (psycho-educational report), academic/functionalassessment results, Individual Educational Program Packet, or other k-12schooling documentation, contact:____________________________________________________________Name of School District:____________________________________________________________School District’s phone number:____________________________________________________________Title of Contact Person:____________________________________________________________Best if contact is made no later than _____/_____/_____03-27-2006 Form 17BPrepared for printing by Madera-Mariposa SELPA

POLICY 1007PARTICIPATION IN STATE/DISTRICT-WIDE ASSESSMENTSIt shall be the policy of the Madera-Mariposa SELPA that students with disabilities areincluded in general, State, and district-wide assessment programs, with appropriateaccommodations, where necessary. For those children with disabilities who cannotparticipate, alternate assessment will be conducted in accordance with State guidelinesEC 56205(a).Reference: EC 56205(a)Revised 11/07/07Second Reading 11/07/07First Reading 08/29/07Adopted 09/18/02Second Reading 09/18/02First Reading 05/15/02

POLICY 1008COORDINATION WITH OTHER AGENCIESPROVISION OF SERVICES FROM OTHER AGENCIESThe local education agency, not the parents, is responsible for obtaining all servicesand service providers needed as outlined in IEP. The local education agency shallmonitor the statutory timelines to ensure that services are provided without delays EC56205(a).PROCEDURES FOR OBTAINING RELATED SERVICES PROVIDED BY ANOTHERAGENCYMadera-Mariposa SELPA has interagency agreements with the Mental HealthDepartments of Madera and Mariposa Counties, California Children’s Services (CCS),and Central Valley Regional Center (CVRC). County Mental Health provides mentalhealth services to students who meet their eligibility criteria. CCS provides occupationaltherapy and physical therapy when it is medically necessary and meets eligibilitycriteria. CVRC provides various support services to eligible clients based on anapplication process.ASSURANCE OF SERVICES WHEN ANOTHER AGENCY FAILS TO PROVIDERELATED SERVICESWhen another agency providing a related service fails to provide the service listed onthe IEP, the local education agency is responsible and shall provide the service inaccordance with an IEP unless otherwise provided by law, without a disruption inservice, and at no cost to the parent. The LEA would then have the option of seekingreimbursement from the agency through due process.Reference: EC 56205(a)Revised 11/07/07Second Reading 11/07/07First Reading 08/29/07Adopted 09/18/02Second Reading 09/18/02First Reading 05/15/02

POLICY 1009HOME HOSPITAL INSTRUCTIONHome hospital instruction is available through local districts of residence and the CountyOffices of Education (Madera/Mariposa) for those students who’s IEPs indicate thisservice option is needed.Reference: EC 56195.7(d-g)Revised 11/07/07Second Reading 11/07/07First Reading 08/29/07Adopted 09/18/02Second Reading 09/18/02First Reading 05/15/02

POLICY 1010IDENTIFICATION-REFERRAL-ASSESSMENT-PLANNING/IMPLEMENTATION-REVIEWReferrals for special education are made primarily to the local school site administrator,but may also be received by district and county office administrators. Ordinarily, it is theresponsibility of the school district of residence to process referrals using a combinationof county office staff and school site personnel and/or contracted services to completethe assessment process.EC 56200(g), EC 56195.7 (a).Identification and evaluation of persons suspected of being disabled is the responsibilityof the district of residence, including those instances in which such a person is notcurrently enrolled in school. However, SELPA personnel willingly assist districts in theirrole of identification, referral, assessment, planning, implementation and review.PROCEDURES FOR INITIATING AND PROCESSING REFERRALS OF PUPILSParents, teachers, appropriate professional persons, and other concerned individualsmay refer pupils, including infants and preschoolers, for special education serviceswhen needs cannot be met even with modification of the regular instructional program.In Madera and Mariposa Counties, children between birth and 2 years 11 months of ageare referred to and served by the Early Start Program, which is operated by MaderaCounty Office of Education.In Mariposa County, children between the ages of 3 to 21, who are referred to specialeducation, are processed by that agency. In Madera County, Madera County Office ofEducation or the LEA assess children between the ages of 3 to 4 years 11 months.Children between ages 4 years 11 months to 14 years 9 months (at the beginning of theschool year) are assessed by the elementary district of residence. Youth between theages of 14 years 9 months (at the beginning of the school year) are the responsibility ofthe secondary school district of residence. The secondary school district of residencealso assesses students, who before their 19th birthday, were enrolled in or were eligiblefor special education and have not completed their individualized education program.PROCEDURES FOR THE UTILIZATION OF THE REGULAR EDUCATION STUDENTSTUDY TEAMA pupil is referred for special education assessment, instruction, and services only afterthe resources of the regular education program have been considered and, whereappropriate, utilized. In year round schools, the referral process continues year round.School age individuals with special learning needs are referred to their local site studentstudy team (SST) or like process of review, which ensures interventions are provided tothe student prior to referral for special education assessment. All staff who deliver

services to the child, e.g., Migrant, Title I services, or other services give input in thisreview process.In the event that SST recommendations and classroom modifications have not met thestudent’s educational needs, referral for special education assessment is made.Parents are notified, in writing, that their child has been referred for possible specialeducation services. Parental written permission, in the form of consent for assessment,is required for the process to continue. The SST process remains a regular educationresponsibility but special education personnel usually participate in the process.Note: 504 procedures are the responsibility of general education. However, it is theintent of the SELPA to ensure that students who are disabled within the meaning ofSection 504 of the Rehabilitation Act of 1973 are identified, evaluated, and providedwith an appropriate education. Students may be disabled under Section 504 eventhough they do not require services pursuant to the Individuals with DisabilitiesEducation Act (IDEA).PRIOR WRITTEN NOTICEParents are provided prior written notice by the LEA when:• The district proposes to initiate or to change the identification, evaluation, oreducational placement of a student, or the provision of a free appropriate publiceducation (FAPE) for a student.• The district refuses to initiate or change the identification, evaluation, oreducational placement of a student, or the provision of FAPE for a student.The written notice must:1. Describe the action that the school district proposes or refuses to take;2. Explain why the school district is refusing to take action;3. Describe each evaluation procedure, assessment, record, or report the districtused in deciding to propose or refuse the action;4. Include a statement that the parent has protections under the proceduralsafeguards provisions in Part B on the IDEA;5. Inform the parent how to obtain a description of the procedural safeguards ifthe action the district is proposing or refusing is not an initial referral forevaluation;6. Include resources with contact information for obtaining assistance inunderstanding Part B of the IDEA;7. Describe any choices the IEP team considered and the reasons why thosechoices were rejected, and;8. Provide a description of other reasons why the school district proposed orrefused the action.The notice must be written in language that is understandable to the general public; andprovided in the parent’s native language or other mode of communication. There mustbe written evidence of these two requirements being met.

ASSESSMENTEach individual, age birth to 22 years, who is assessed for special education services,has an assessment plan that contains the following information:• Reason for assessment• Description of materials and procedures• Assessment personnel, listed by title and assessment area• Individual’s primary language and language proficiency status (ELL)• Recent assessments, including any available independent assessments andassessment information the parent requests to be considered• Alternative means as appropriate• Right of parents to obtain an independent assessment at public expense, undercertain conditionsProgram operators also ensure that:• The assessment plan is developed within 15 days from the date of referral• Assessments are conducted by a multidisciplinary team, including at least oneteacher or specialist knowledgeable in the area of suspected disability• All students being assessed for initial and three-year reassessments have hadcurrent vision and hearing screening unless parental permission was denied• Personnel are competent and appropriately trained to administer and interprettest results and, when necessary, are knowledgeable and understanding ofcultural and ethnic backgrounds and competent in both the oral and written skillsof English Language Learners (ELL). When appropriate, an interpreter is used,which is documented in the assessment report• Individuals are assessed in their primary language or other mode ofcommunication and in all areas related to the suspected disabilityAssessment materials and procedures are selected and administered in order not to bediscriminatory and to reflect the individual’s skills and aptitude levels. The assessmentprocess ensures that no single procedure is the sole criterion for determiningplacement. Tests which yield IQ scores are not administered to African-Americanstudents. IQ scores are not contained in files of African-American students.• An individual with a suspected low-incidence disability is assessed by qualifiedand trained personnel, consistent with state guidelines, and in all areas related tothe suspected disability.Assessment results are documented and contain all required information, including thefollowing:• Results of tests administered in the primary language by qualified personnel• Statement regarding validity of the assessment, if interpreter was used• The relevant behavior noted during the observation of the student in theappropriate setting• The relationship of behavior to the student’s academic and social functioning aswell as areas of needs• The educationally relevant health, developmental, and medical findings if any• A determination concerning the effects of environmental, cultural, or economicdisadvantage, where appropriate

• The need for specialized services, materials, and equipment for students withlow-incidence disabilities• Consideration of independent assessments• Whether the student’s needs can be met in the regular classroom or whether thestudent may need special education and related services• The basis for making the determination• A description of research based interventions.For students with suspected learning disabilities, the members of the IEP team considerthe following changes per IDEA 2004 in conjunction with the criteria set forth by theState of California:1. A severe discrepancy between intellectual ability and achievement cannot beused as the sole determination of the existence of a specific learning disability.2. Must permit the use of a process based on the child’s response to scientific,research-based intervention; and3. May permit the use of alternative research-based procedures for determiningwhether or not a child has a specific learning disability.The IEP team may determine the child has a specific learning disability if:1. The child does not achieve adequately for the child’s age to meet Stateapprovedgrade level standards in one or more of the following areas, whenprovided with learning experiences and instruction appropriate for the child’sage or State-approved grade-level standards:(i) Oral expression(ii) Listening comprehension(iii) Written expression(iv) Basic reading skill(v) Reading fluency skills(vi) Reading comprehension(vii) Mathematics calculation(viii) Mathematics problem solving(ix) Fluency2. The child does not make sufficient progress in the areas outlined above whenusing a process based on the child’s response to scientific, research-basedintervention; or3. The child exhibits a pattern of strengths and weaknesses in performance,achievement or both, relative to age, State-approved grade-level standards,or intellectual development, that is determined by the group to be relevant tothe identification of a specific learning disability, using appropriateassessments.4. The findings are not primarily a result of visual, hearing, motor impairment,mental retardation, emotional disturbance, cultural factors, environmental oreconomic disadvantage, or limited English proficiency.

The following specific documentation is required to be summarized in a writtenstatement (report) for the eligibility determination:1. Whether or not the child has a specific learning disability;2. The basis for making the determination, including an assurance that thedetermination has been made in accordance with the determination eligibility;3. The relevant behavior, if any, noted during the observation of the child and therelationship of that behavior to the child’s academic functioning;4. the educationally relevant medical findings, if any;5. Whether(i) The child does not achieve adequately for the child’s age or to meetState-approved grade-level standards;(ii) (A) The child does not make sufficient progress to meet age or Stateapprovedgrade-level standards; or(ii) (B) the child exhibits6. The determination of the group concerning the effects of a visual, hearing, ormotor disability; mental retardation; emotional disturbance; cultural factors;environmental or; economic disadvantage; or limited English proficiency on thechild’s achievement level; and7. If the child has participated in a process that assesses the child’s response toscientific, research-based intervention(i) The instructional strategies used and the student-centered datacollected; and(ii)(iii)(iii)(iii)The documentation that the child’s parents were notified about(A) The State’s policies regarding the amount and nature of studentperformance data that would be collected and the general educationservices that would be provided;(B) Strategies for increasing the child’s rate of learning; and(C) The parents right to request an evaluation.Each group member must certify in writing whether the report reflects themember’s conclusion. If it does not reflect the member’s conclusion, thegroup member must submit a separate statement reflecting the member’sconclusions.An IEP meeting is held with the parent(s), within 60 days, to review assessment results,eligibility and whether special education services are indicated for the child.Interim administrative placements do not exceed 30 days and are reviewed before theexpiration of the 30-day period.Preschool children are reassessed prior to transitioning from a preschool program toKindergarten or first grade and monitored to determine a continuing need for specialeducation.

ANNUAL IEP REVIEW AND THREE-YEAR ASSESSMENTSProgram Administrators in the Madera/Mariposa SELPA ensure the following:Assessments:• Assessments are completed in a timely manner• Assessments are current and within the 3 year time period• Reassessments are conducted whenever conditions warrant or when a parent orteacher requests reassessmentIEP Meetings:• Are held annually to review the special education student’s progress withparent(s) and other staff, as appropriate.• Those in attendance include:• An administrator• The parent(s) or a surrogate• Special Education Teacher• General Education Teacher• A person knowledgeable of assessment results• The student, when appropriate• Other personnel as appropriateAccess to Documents and Services:• Teachers and other service providers have access to the student’s IEP• Interpreters are provided for parents whose primary language is other thanEnglish or who are deaf• Services are provided at no charge to the parents• Each Teacher and service provider will be informed of specific responsibilitiesrelated to implementing the student’s IEP, and the specific accommodations,program modifications and supportReference:EC 56200(g), EC 56195.7 (a)USC 1415 (b)(3) and (4), 1415 (c) (1), 1414 (b) (1), 20 USC 1221e-3:1401(30); 1414 (b) (6)Adopted 5/21/08Second Reading 5/21/08First Reading WaivedRevised 11/07/07Second Reading 11/07/07First Reading 08/29/07Adopted 09/18/02Second Reading 09/18/02First Reading 05/15/02

POLICY 1011COMPREHENSIVE SYSTEM OF PERSONNELDEVELOPMENT/PERSONNEL STANDARDSSELPA PARTICIPATION IN PERSONNEL DEVELOPMENTLaws regulating special education recognize the value of providing information for allpersons concerned with individuals with exceptional needs. Priority is placed on,continuing staff, parent and community trainings. The SELPA provides leadership andsupport in this effort EC 56240 and 56241(a).SELPA PROCEDURES FOR DETERMINING PERSONNEL DEVELOPMENT NEEDSThe SELPA Program Administrators target specific areas for staff development. Needsassessment forms are dispersed through the LEAs to parents, regular education staff,special education staff and administrators. Additionally, the Madera-MariposaCommunity Advisory Committee (CAC) is surveyed in their spring meeting to identifyneeds. SELPA uses the results of the needs assessment to design the annual staffdevelopment plan. The plan is then forwarded to the Superintendents’ Council forapproval.The staff development plan is coordinated with other staff development activities.Special education staff also participates in the general education school site personneldevelopment plan.On a regional level, the SELPA Director, or designee, attends the RegionalCoordinating Council for Region 7 and participates in planning activities. The SELPAalso provides matching funds/in-kind services. Personnel and parents are encouragedto attend regional staff development activities.ASSURANCE OF QUALIFIED PERSONNELThe SELPA shall take steps to ensure that there is an adequate supply of qualified andadequately prepared special education, general education and related servicespersonnel.Such steps shall include, but not be limited to, the following:• Widespread recruitment of teachers and support personnel• Collaboration with the local and regional teacher center recruitment andinstitutions of higher education.• Ongoing staff development activities for special education administrators,teachers, and support staff• Ongoing staff development activities for general education administrators,teachers, and support staff

PARTICIPATION IN THE CALIFORNIA READING INITIATIVEEach local education agency shall ensure that all eligible children with disabilities willparticipate in the California Reading Initiative in order to improve their educationalresults.SELPA ENSURES PARTICIPATION IN THE CALIFORNIA READING INITIATIVEA comprehensive research-based approach to reading will be emphasized in the earlygrades which include:• An organized, explicit skills program that includes phonemic awareness, phonics,and decoding skills to address the needs of the emergent reader• A strong literature, language and comprehension program that includes abalance of written and oral language activities• An ongoing diagnostic system that provides a prescriptive basis for instruction• Assessment that measures student progress and program accountability• Early intervention activities for children at risk of reading failure• Techniques for meeting the needs of diverse learnersSTAFF DEVELOPMENT OPPORTUNITIES IN LITERACYEach local education agency shall provide opportunities for special educationinstructional personnel to participate in staff development activities in the area of literacythat include:• Information about current literacy and learning research• State-adopted standards and frameworks• Increased participation of students with disabilities in statewide studentassessments• Research-based instructional strategies for teaching reading to a wide range ofdiverse learners in order to increase the percentage of children with disabilitieswho are literate• Participation in California Department of Education statewide training on literacyASSURANCE OF FULL ACCESSEach local education agency shall ensure that students with disabilities will have fullaccess to the following unless otherwise designated in a student’s IEP:• All required core curriculum and materials including state adopted text books andsupplementary text books• Instructional materials and support in order that enhance the opportunities forstudents with disabilities to attain higher standards in reading.Reference: EC 56205(a), 56240, 56241(a)-(g), 56243Adopted 11/07/07Second Reading 11/07/07First Reading 08/29/07

POLICY 1012PROCEDURAL SAFEGUARDSIt is the policy of the Madera-Mariposa SELPA to provide parents of a child with adisability a copy of the SELPA Procedural Safeguards one time a school year, exceptthat a copy must be given to parents:Upon initial referral or parent request for evaluationUpon receipt of the first State complaint and upon receipt of the first due processcomplaint in a school yearUpon request by a parentReference: 34 CFR 300.504Adopted 11/07/07Second Reading 11/07/07First Reading 08/29/07

Administrative Regulation 1012.1PROCEDURAL SAFEGUARDSProcedural Safeguards will be distributed to parents either in person or through US Mail.Adopted 11/07/07Second Reading 11/07/07First Reading 08/29/07

EXHIBIT 1012.1.1NOTICE OF PROCEDURAL SAFEGUARDS AND PARENTS’ RIGHTSSpecial Education Rights of Parents and ChildrenUnder the Individuals with Disabilities Education Act, Part B2004 Reauthorization (H.R. 1350)INTRODUCTIONThis information provides you as parents, legal guardians, and surrogate parents of children withdisabilities from 3 years of age through age 21 with an overview of your educational rights,sometimes called procedural safeguards. This notice is also provided for students who are entitledto these rights at age 18. (20 USC 1415; EC 56321) A copy of these safeguards will be given to youonce a year. Additional copies may be given; upon an initial referral or parent request forevaluation, upon the first occurrence of the filing of a complaint under Section 615(b) (6) of H.R.1350, and at your request. If your district has a website, a copy of these procedural safeguards maybe made available to you through that website. [615(d) (1) (A-B)] You may elect to receive thisnotice and other notices required under this section by an electronic mail (e-mail) communication, ifyour district makes such an option available. [615(n)]Participation in making decision about your child’s educationYou have the right to refer your child for special education services. You must be givenopportunities to participate in any decision-making meeting regarding your child’s special educationprogram. You have the right to participate in an IEP meeting about the identification (eligibility),assessment, educational placement of your child and other matters relating to your child’s freeappropriate public education.[20 USC 1414(b)(c)(d) and (f); EC 56341(b), 56343(c)]You also have the right to participate in the development of the IEP and to be informed of theavailability of free appropriate public education, including all appropriate program options, and of allavailable alternative programs, both public and nonpublic.Additionally, you have the right to electronically record the meeting on an audio tape recorder. Thelaw requires that you notify the district 24 hours prior to meeting if you intend to record theproceedings.(EC 56321, 56301, 56506, and 56341)Additional AssistanceWhen you have a concern about your child’s education it is important that you call or contact yourchild’s teacher or administrators to talk about your child and any problems you see. Staff in theSpecial Education Department can answer questions about your child’s education, your rights, andprocedural safeguards. When you have a concern, this informal conversation often solves theproblem and helps maintain open communication. Additional resources are listed at the end of thisdocument to help you understand the procedural safeguards.Prior Written NoticeNOTICE, CONSENT, ASSESSMENT AND ACCESSYou have the right to receive a written notice from the school district before decisions affecting yourchild’s special education are put into place. These include decisions to:

• identify your child as a child with a disability, or change your child’s eligibility from one disabilityto another;• evaluate or reevaluate your child;• provide a free appropriate public education to your child, or change a component of your child’sfree appropriate public education; or• place your child in a special education program, or• change your child’s special education placement.(20 USC 1415[b]; EC 56329, 56506[a])You also have the right to written notice from the school district if the district refuses your request totake these actions.The Prior Written Notice must include the following:• a description of the actions proposed or refused by the school district;• an explanation of why the action was proposed or refused;• a description of other options considered and the reasons those options were rejected;• a description of each assessment procedure, test, record or report used as a basis for the actionproposed or refused;• a description of any other factors relevant to the action proposed or refused; and• a statement that parents of a child with a disability are protected by the procedural safeguards.If the notice is not in regard to an initial referral for assessment, the notice must provide a statementthat you have protection under procedural safeguards; information on how you can obtain a copy ofdescribed procedural safeguards; and sources of additional assistance in understanding theprocedural safeguards. (20 USC 1415[c])Parent ConsentParents’ written approval is required for:First Evaluation: The school district must have your informed written consent before it canevaluate your child. Reevaluation: The school district must have your informed writtenconsent before reevaluating your child. However, the school district may reevaluate your childwithout your written consent if the school district has taken reasonable measures to get yourconsent and you have not responded.Initial Placement in Special Education: You must give informed written consent before theschool district can place your child in a special education program.You can refuse consent for an evaluation, a reevaluation, or the initial placement of your childin special education. To avoid confusion, you should inform the school in writing if you wantto refuse consent to a reevaluation. The school district may seek to evaluate or place yourchild in special education through a due process hearing, if it believes that it is necessary foryour child’s education. You and the school district may agree to first try mediation to resolveyour disagreements.(EC 56321[c], 56346,56506[e]; 20 USC 1414[a][c])Consent forms must describe the activity for which consent is sought and list the records (if any) thatwill be released and to whom. You can revoke consent at any time, except that revocation is notretroactive (does not negate actions that occurred after consent was given and before consent wasrevoked). (34 CFR 300.500)

Surrogate Parent AppointmentIn order to protect the rights of the child, school districts must ensure that an individual is assignedto act as a surrogate parent for the parents of a child with a disability when a parent cannot beidentified and the school district cannot discover the whereabouts of a parent. A surrogate parentmay be appointed if the child is an adjudicated dependent or ward of the court under the stateWelfare and Institution Code and the child is referred to special education or already has an IEP.(20 USC 1415[b]; EC 56050)Age of MajorityWhen your child reaches the age of 18, all rights under Part B of the Individuals with DisabilitiesEducation Act (IDEA) will transfer to your child. The only exception will be if your child is determinedto be incompetent under State Law.(34 CFR 300.517 30; EC 56041.5)AssessmentNondiscriminatory AssessmentYou have the right to have your child assessed in all areas of suspected disability. Materials andprocedures used for assessment and placement must not be racially, culturally, or sexuallydiscriminatory. Assessment materials must be provided and the test(s) administered in your child’snative language or mode of communication, unless it is clearly not feasible to do so. No singleprocedure can be the sole criterion for determining eligibility and developing an appropriateeducation program for your child.(20 USC 1414[a][b]; EC 56001[j] and 56320)Assessment PlanWhen the district is seeking to assess your child, you will be given a written, proposed assessmentplan. Along with that plan you will receive a copy of this Procedural Safeguards document. Whenthe assessment is completed, an individualized education program team meeting, which includesyou, the parent or guardian, and or your representatives, will be scheduled to determine whether thestudent qualifies for special education services. The IEP Team will discuss the assessment, theeducational recommendations and the reasons for these recommendations. A copy of theassessment report and the documentation of determination of eligibility will be given to you. (30 EC56329 (a))Independent Educational EvaluationIf you disagree with the results of the assessment conducted by the school district, you have theright to ask for an independent education evaluation (IEE) for your child, from a person qualified toconduct the assessment, at public expense. The school district must respond to your request forindependent educational evaluation and provide you information, upon request, about where toobtain an independent educational evaluation. If the school district disagrees that an independentevaluation is necessary, the school district must request a due process hearing to prove that itsassessment was appropriate. If the district prevails, you still have the right to an independentassessment but not a public expense. The IEP Team must consider independent assessments.District assessment procedures allow in-class observation of students. If the school districtobserves your child in his or her classroom during an assessment, or if the school district wouldhave been allowed to observe your child, an individual conducting an independent educationalassessment must also be allowed to observe your child in the classroom. If the school district

proposes a new school setting for your child and independent educational assessor must be allowedto first observe your child in the proposed new setting.(EC 56329(b)and(c)) (20 USC 1415; EC 56506[c] and 56329[b]; 34 CFR 300.502)Access to Educational RecordsAll parents of a child enrolled in the school district have the right to inspect records under the FamilyEducation Rights and Privacy Act (FERPA), which has been implemented in California underEducation Code Sections 49060-49079. Under IDEA, parents of a child with disabilities (includingnoncustodial parents whose rights have not been limited) have the right to review all educationalrecords regarding the identification, evaluation, and educational placement of the child and theprovision of a free appropriate public education and to receive an explanation and interpretation ofthe records. Under California statutes the parents have the right to review and to receive copies ofeducational records. These rights transfer to a nonconserved pupil who is eighteen years old orattending an institution of post secondary education.“Education record” means those records that are directly related to a pupil and maintained by aneducational agency or a party acting for the agency or institutions, and may include (1) the name ofthe child, the child’s parent or other family member; (2) the address of the child; (3) a personalidentifier such as the child’s social security number, student number, or court file number; (4) a list ofpersonal characteristics or other information that would make it possible to identify the child with areasonable certainty. Both federal and state laws further define a pupil record as any item ofinformation directly related to an identifiable pupil, other than directory information, which ismaintained by a school district or required to be maintained by an employee in the performance ofhis duties whether recorded by handwriting, print, tapes, film, microfilm, computer or by othermeans. Pupil records do not include informal personal notes prepared and kept by a schoolemployee for his/her own use or the use of a substitute. If records contain information about morethan one student, a parent can have access only to that portion of the record pertaining to his/herchild.The custodian of records at each school site is the principal of the school. The district custodian ofrecords is the Director of Pupil Services. Pupil records may be kept at the school site or districtoffice, but a written request for records at either site will be treated as a request for records from allsites. The custodian of records will provide you with a list of the types and locations of pupil records(if requested).The custodian of the records shall limit access to those persons authorized to review the pupilrecord, which includes the parents of the pupil, a pupil who is at least sixteen years old, individualswho have been authorized by the parent to inspect the records, school employees who have alegitimate educational interest in the records, post secondary institutions designated by the pupil,and employees of federal, state and local education agencies. In all other instances access will bedenied unless the parent has provided written consent to release the records or the records arereleased pursuant to a court order. The district shall keep a log indicating the time, name andpurpose for access of those individuals who are not employed by the school district.You have a right to inspect and review all of your child’s educational records without unnecessarydelay, including prior to a meeting about your child’s IEP or before a due process hearing. Theschool district must provide you access to records and copies, if requested, within five days after therequest has been made orally or in writing. A fee for copies, but not the cost to search and retrieve,may be charged unless charging the fee would effectively deny access to the parent.(20 USC 1415[b]; EC 56501, 56504, and 49069)

Parents who believe that information in the education records collected, maintained or used by theschool district is inaccurate, misleading or violates the privacy or other rights of the pupil mayrequest in writing that the school district amend the information. If the district concurs, the recordwill be amended and the parent will be informed. Should the district refuse to make the amendmentrequested, the district shall notify the parent of the right to and provide a hearing, if required, todetermine whether the challenged information is inaccurate, misleading, or otherwise in violation ofthe privacy or other rights of the pupil. If it is decided by the governing board after the hearing that arecord will not be amended, the parent shall have the right to provide what he/she believes is acorrective written statement to be permanently attached to the record. The district has policies andprocedures governing the retention and destruction of records. Parents wishing to request thedestruction of records, which are no longer necessary tot he school district, may contact theDistrict’s Custodian of Records. However, the district is required to maintain certain information inperpetuity.(34CFR99; CFR300.561—573; 20USC 1415 [b](1); 34 CFR 500.567; EC 49070)INDIVIDUALIZED EDUCATION PROGRAM (IEP)The public education agency initiates and conducts meetings for the purpose of developing,reviewing and revising the individualized education program of each child with a disability. The IEPdocuments the child’s eligibility for special education services and parents receive a copy of eachIEP for their child. These meetings are conducted by the individualized education program (IEP)team.When the IEP has been completed and appropriate parental consent has been provided, it isimplemented as soon as possible following the IEP team meeting. A copy of the IEP is provided tothe parents at no cost and if necessary, a copy of the IEP will be provided in the primary language ofthe parents(s), at the request of the parent(s). An individualized family service plan (IFSP) for a childaged three through five may serve as the IEP after a full explanation of the difference and writtenparent consent. The IEP team must consider the concerns of the parents for enhancing theeducation of their child.IEP Team Members and ResponsibilitiesThe IEP team includes:• An administrator or a representative designated by administration who is knowledgeableabout program options appropriate for the child and who is qualified to provide, or supervisethe provision of special education;• At least one general education teacher of the child, if the child is, or may be participating, inthe general education environment;• At least one special education teacher of the child, or if appropriate, at lease one specialeducation provider of the child; and,• One or both of the child’s parents, individuals selected by the parent,or both.When appropriate, the IEP team will also include:• The child, including whenthe team wil discuss transition services;• Other persons who possess expertise or knowledge necessary for the development of theIEP;• When the child has been assessed for purposes of developing, reviewing or revising the IEP,a person who has conducted an assessment of the child or who is knowledgeable about theassessment procedures used to assess the child and is familiar with the results of theassessment; and

• When the child is suspected to have a learning disability, at least one member of the IEPteam, other than the child’s regular tacher, will be a person who has observed the child’seducational performance in an appropriate setting. If the child is younger than five years or isnot enrolled in a school, a team member will observe the child in an environment appropriatefor a child that age.A member of the IEP team may be excused from an IEP team meeting, in whole or in part, when theLEA and the parent agree that the attendance of the member is not necessary because themember’s area of curriculum or realated services is not being modified or discussed at the meeting.When the member’s area of curriculum or related services is being modified or discussed at themeeting, a required member of the IEP team may be excused, but only when the LEA and theparent consent to the excusal and the member submits in writing input into the development of theIEP prior to the meeting.If the child does not attend an IEP team meeting where transition services will be discussed, thedistrict will ensure that the child’s needs and preferences are considered. The discrict may inviterepresentatives form other agencies that are likely to be responsible for transition services.HOW DISPUTES ARE RESOLVEDDue Process HearingYou have the right to request an impartial due process hearing regarding:• The identification of your child for special education eligibility.• The assessment of your child.• The educational placement of your child.• The provision of a free appropriate public education (FAPE) for your child.The request for a due process hearing must be filed within three years from the date you knew orhad reason to know of the facts that were the basis for the hearing request. [H.R.1350§615(f)(3)(C)]There is an exception to this timeline if you were prevented from requesting the hearing earlierbecause:a) the district misrepresented that it had resolved the problemb) the district withheld information that should have been provided to you. [H.R.1350§615(f)(3)(D)]Mediation and Alternative Dispute Resolution (ADR)You may ask the school district to resolve disputes through mediation, which is less adversarial thana due process hearing. Alternative Dispute Resolution (ADR) may also be available in your district.Mediation and ADR are voluntary methods of resolving a dispute and may not be used to delay yourright to a due process hearing. The parents and the school district must agree to try mediationbefore mediation is attempted. A mediator is a person who is trained in strategies that help peoplecome to agreement over difficult issues. (20 USC 1415[e]; EC 56500.3)

Due Process RightsYou have a right to:1. Have a fair and impartial administrative hearing at the state level with a person who isknowledgeable of the laws governing special education and administrative hearings (EC56501[b]);2. Be accompanied and advised by an attorney and/or individuals who have knowledge aboutchildren with disabilities (EC 56505[e]; 20 USC 1415[h]);3. Present evidence, written arguments, and oral arguments (EC 56505[e]);4. Confront, cross-examine, and require witnesses to be present (EC 56505[e]);5. Receive a written or, at the option of the parent, an electronic verbatim record of the hearing,including findings of fact and decisions (EC 56505[e]; 20 USC 1415[h];6. Have your child present at the hearing (EC 56501[c]);7. Have the hearing be open or closed to the public (EC 56501[c]);8. Be informed by the other parties of the issues and their proposed resolution of the issues at leastten calendar days prior to the hearing (EC 56505[e] and 56043[s]; 20 USC 1415[b]);9. Receive a copy of all documents, including assessments completed by that date andrecommendations, and a list of witnesses and their general area of testimony within fivebusiness days before a hearing and bar the introduction of any documents or witnesses if notinformed within 5 business days (EC 56505[e]; 56403[t]; EC 56506.1[f];10. Have an interpreter provided at the expense of the California Dept. of Education (CCR 3082[d]);11. Request an extension of the hearing timeline (EC 56505[f]);12. Have a mediation conference at any point during the due process hearing (EC 56501[b]; and13. Receive notice from the other party, at least ten days prior to the hearing that it intends to berepresented by an attorney. (EC56507[a])In any action or proceeding regarding the due process hearing, the court, in its discretion, mayaward reasonable attorneys’ fees as a part of the costs to you as the parent of a child with adisability if you are the prevailing party in the hearing. Reasonable attorneys’ fees may also bemade following the conclusion of the administrative hearing with the agreement of the parties.(20 USC 1415[i]; EC 56507[b])Fees may be reduced for any of the following:1. The court finds that you unreasonably delayed the final resolution of the controversy;2. The hourly attorneys’ fees exceed the prevailing rate in the community for similar services byattorneys of reasonable comparable skill, reputation, and experience;3. The time spent and legal services provided were excessive; or4. Your attorney did not provide to the school district the appropriate information in the due processcomplaint.Attorneys’ fees will not be reduced, however, if the court finds that the state or the school districtunreasonable delayed the final resolution of the action or proceeding or there was a proceduralsafeguards violation.(20 USC 1415[i])Attorneys’ fees may not be awarded relating to any meeting of the IEP team unless an IEP meetingis convened as a result of a due process hearing proceeding or judicial action. Attorney fees mayalso be denied if you reject a reasonable settlement offer made by the district/public agency tendays before the hearing begins and the hearing decision is not more favorable than the settlementoffer.(20 USC 1415[d])

Filing a Written Due Process ComplaintTo file for mediation or a due process hearing, contact:Office of Administrative HearingsSpecial Education Unit1102 Q Street, 4th FloorSacramento, CA 95814Phone: (916) 323-6876Fax: (916) 322-8014You need to file a written request for a due process hearing. The written notice shall be keptconfidential. You or your representative needs to submit the following information in your request:1. Name of the child;2. Address of the residence of the child;3. Name of the school the child is attending; and4. A description of the nature of the problem, including facts relating to the problem(s) and a proposedresolution of the problem(s).State law requires that either party filing for a due process hearing must provide a copy of thewritten request to the other party.(20 USC 1415[h]; EC 56502[c])Child’s Placement While Due Process Proceedings are PendingAccording to the “stay put” provision of the law, a child involved in any administrative or judicialproceeding must remain in the current educational placement unless you and the school districtagree on another arrangement. If you are applying for initial admission to a public school, your childwill be placed in a public school program with your consent until all proceedings are completed. (20USC 1415[j]; EC 56505[d]and [i])Opportunity for District to Resolve the ComplaintIf you choose to file a due process complaint as explained in the section entitled “Filing a WrittenDue Process Complaint”, a meeting must be scheduled by the district within 15 days of receiving thenotice of your due process complaint. The purpose of the meeting is to give you opportunity todiscuss your due process complaint and the facts on which you based your complaint so that thedistrict has a chance to address your concerns and work with you to reach a resolution. Thismeeting must be held before the initiation of a due process hearing. The meeting must include theparents and other members of the IEP team who have specific knowledge of the facts. The districthas 30 days from the receipt of the due process complaint to resolve the due process complaint orthe due process hearing must occur.If the parents and the district are unable to resolve the due process complaint and it goes to hearing,the hearing decision is final and binding on both parties. Either party can appeal the hearingdecision by filing a civil action in state or federal court within 90 days of the final decision. (20 USC1415[l]; EC 56505[g[ and [i]; EC 56043[u])SCHOOL DISCIPLINE AND PLACEMENT PROCEDURES FOR

STUDENTS WITH DISABILITIESChildren with disabilities may be suspended or placed in other alternative interim settings or othersettings to the same extent these options would be used for children without disabilities.If a child exceeds ten days in such a placement, an IEP meeting must be held to determine whetherthe child’s misconduct is caused by the disability. This IEP meeting must take place immediately, ifpossible, or within ten days of the school district’s decision to take this type of disciplinary action.(20 USC 1415[k])As a parent, you will be invited to participate as a member of the IEP Team. The school districtmust provide you with a written notice of the required action. The school district may be required todevelop an assessment plan to address the misconduct or, if your child has a behavior interventionplan, review and modify the plan, as necessary. If the IEP Team concludes that the misconduct wasnot a manifestation of your child’s disability, the school district might take disciplinary action, such asexpulsion, in the same manner as it would for a child without disabilities.If you disagree with the IEP Team’s decision, you may request an expedited due process hearingfrom the California Department of Education’s Special Education Hearing Office.(20 USC 1415[k])Placement in an Interim Alternative Educational SettingUnder Federal law, a school district may place a child in an appropriate interim alternativeplacement for up to forty five days under certain circumstances. Those circumstances are when thechild has carried a weapon or has knowingly possessed or used illegal drugs or sold or solicited saleof controlled substances at school or a school function.(20 USC 1415[k])If you request a hearing or an appeal regarding disciplinary action or manifestation determination,your child will stay in the interim alternative setting unless the maximum of 45 days is reached,another time frame is established by a hearing officer, or the parents and school district agree toanother placement. (34 CFR 300.526)Alternative educational settings, when permissible, must allow the child to continue to participate inthe general curriculum and ensure continuation of services and modifications detailed in the IEP. (20USC 1415[k])Except by your consent or court order, your child can not be suspended for more than 10consecutive days. If the district obtains consent for a suspension, longer than 10 days, it mustcontinue to provide special education and services.(20 USC 1415[k](3)[B][i]; 34 CFR 300.121 [d]; 30 EC 48911[b]; 30 EC 48915.5[d]; Honig vs. Doe)CHILDREN ATTENDING PRIVATE SCHOOL

The school district is responsible for the full cost of special education in a private school ornonpublic, nonsectarian school, when the school district, together with the IEP Team , recommendsthat this would be the more appropriate placement for the student. (20 USC[a][10][B]; CFR 300.401;CFR 300.349[c]; EC 56361)Observation of Your Child at a Nonpublic SchoolIf you unilaterally place your child in a nonpublic school and you propose the placement in thenonpublic school to be publicly financed, the school district must be given the opportunity to firstobserve the proposed placement and your child in the proposed placement. The school district maynot observe or assess any other child at the nonpublic school without permission from the otherchild’s parent or guardian. (EC 56329(d))Unilateral Parent Placement in Nonpublic or Private SchoolWhen the parent unilaterally places the student in a private or nonpublic, nonsectarian schoolwithout district consent or referral of a court or hearing officer, the district may only be required toreimburse the parent if their child received special education and related services under theauthority of a public agency before enrolling in the private school and the court or hearing officerfinds that the school district did not make a free and appropriate education available in a timelymanner.A court or hearing officer may not reduce or deny reimbursement to you if you failed to notify theschool district for any of the following reasons:• Illiteracy and inability to write;• Giving notice would likely result in physical or serious emotional harm to the child;• The school prevented you from giving notice; or• You had not received a copy of this Notice of Procedural Safeguards or otherwise beeninformed of this notice requirement.(20 USC 1412[a]; 34 CFR 300.403)The court or hearing office may reduce or deny reimbursement if you did not make your childavailable for an assessment upon written notice from the school district. You may also be deniedreimbursement if you did not inform the school district that you were rejecting the special educationplacement proposed by the school district and did not give notice of your concerns and intent toenroll your child in a private school at public expense.Notifying the DistrictYou must notify the district of your intent to place your child in a private school:• At the most recent IEP meeting you attended before removing your child from the publicschool; or• In writing to the school district at least ten business days (including holidays) before removingyour child from the public school.(20 USC 1412[a]; 34 CFR 300.403)The district is not obligated to offer a free appropriate public education to a child whose parent(s)have voluntarily enrolled that child in a private school. In such cases, the district will propose anIndividual Services Plan for Private School Students.(20 USC 1412(a)(10)(A)(I)COMPLAINT PROCEDURESState Appeal Process

Note: Complaint procedures in this section are related specificially to the California State Appeal Process and are notthe same as the due process complaint procedures covered earlier in this document.If you wish to file a complaint with the California Department of Education, you should submit yourcomplaint in writing to:California Department of EducationSpecial Education DivisionProcedural Safeguards Referral Service515 L Street, Room 270Sacramento, California 95814Within 60 days after a complaint is filed, the California Dept. of Education will: carry out anindependent investigation, give the complainant an opportunity to provide additional information,review all information and make a determination as to whether the LEA has violated laws orregulations and issue a written decision that addresses each allegation.For complaints involving issues not covered by IDEA, consult your district’s Uniform ComplaintProcedures.The District would like to work with you to resolve all complaints at the local level whenever possible.We invite you to meet with the administrator who has been designated to work with complianceissues and attempt to resolve your concern informally before a complaint is filed. S/he will maintainconfidentiality as permitted by law. If your complaint cannot be resolved, a formal investigation willbe initiated or you will be referred to the appropriate agency for assistance.District Contact InformationPlease contact the Special Education Administrator at your school district if you:• Would like additional copies of the Notice of Procedural Safeguards• Need assistance in understanding the provisions of your rights and safeguards• Require a translation orally, by other means, in a different language or other mode ofcommunicationDistrictPhoneMadera County Office of Education (559) 662-4676Alview-Dairyland School District (559) 665-2394Bass Lake Joint Union SD (559) 642-1555Chawanakee Unified SD (559) 868-3343Chowchilla SD (559) 665-8022Chowchilla Union High SD (559) 665-1331Golden Valley Unified SD (559) 645-7533Madera Unified SD (559) 675-4500Raymond Knowles (559) 689-3336Yosemite Unified SD (559) 683-4667Mariposa County (209) 742-0231If you need additional assistance beyond your Local District / County Office or wish generalinformation regarding Special Education program and services within the Madera-Mariposa SpecialEducation Local Plan Area (SELPA) you may contact the SELPA, at (559) 662-4665.

By signing below, I acknowledge that I have received a copy of NOTICE OF PROCEDURALSAFEGUARDS AND PARENTS’ RIGHTS.____________________________________________Signature of Parent/Guardian/Surrogate____________________Date

EXHIBIT 1012.1.1AVISO DE LAS MEDIDAS QUE PROTEGEN LA INTEGRIDAD DE LOSPROCESOS Y DERECHOS DE LOS PADRESDerechos de Padres y Niños/as de Educación Especial Bajo el Acta deEducación para Individuos con Discapacidades, Parte BReautorización (H.R. 1350) de 2004INTRODUCCIÓNEstá información le da a usted como padre, tutor legal o padre suplente de niños condiscapacidades, de 3 a 21 años de edad, un resumen de sus derechos educativos conocidos comosalvaguardias del proceso. Esta misma información se les da a los alumnos quienes a la edad de18 años tienen el derecho de recibirla. (20 USC 1415, EC 56321) Una copia de estas medidas seles dará una vez al año. Se pueden dar copias adicionales al hacerse la canalización inicial, alsolicitar los padres una evaluación, durante la presentación inicial de una queja entregada bajo lasección 615(b) (6) de H.R. 1350 y a su solicitud, y cuando la agencia publica proponga el iniciar ocambiar la identificación, la evaluación de educación del niño/a o la provisión de educación publicay gratuita apropiada para el niño/a. Si su distrito tiene una pagina en Internet, una copia de lasmedidas de seguridad puede estar disponible a través de su portal. [615(d) (1) (A-B)] Usted puedeelegir recibir este y otros avisos requeridos bajo esta sección por medio de un correo electrónico (email),si su distrito tiene dicha opción disponible. [615(n)]Participando en las decisiones educativas de su hijo/aEs su derecho recomendar a su niño para recibir servicios de educación especial. A usted se ledebe dar la oportunidad de participar en cualquier conferencia para tomar decisiones concernientesal programa educativo de educación especial. Es su derecho participar en la conferencia del IEPque trate la identificación (elegibilidad), evaluación y ubicación educativa de su niño y otrascuestiones relacionadas con la educación pública gratuita y apropiada para él. [(20 USC 1414 (b),(c), (d) (f), EC 56341(b), 56343(c)]Usted también tiene el derecho participar en el desarrollo del IEP y ser informado de ladisponibilidad de una educación pública gratuita y apropiada incluyendo todas las opcionesapropiadas del programa y de todos los programas alternos públicos y particulares.Además, es su derecho grabar en forma electrónica la conferencia con una grabadora de audio. Laley requiere que usted informe al distrito 24 horas antes de la junta, que tiene la intención de grabarlas audiencias (EC 56321, 56301, 56506, 56341)Ayuda AdicionalCuando usted tenga una preocupación referente a la educación de su niño/a, es importante que secomunique con el maestro o administrador de la escuela de su niño/a para hablar de cualquierproblema que usted vea. El personal de su distrito escolar o el plan de educación especial de suarea local (SELPA) puede contestar todas sus preguntas. Estas conversaciones informalesgeneralmente ayudan a resolver el problema y a mantener abiertas las vías de comunicación. Alfinal de este documento, le incluimos información sobre recursos adicionales que le ayudarán aentender la integridad del proceso.1

AVISO, CONSENTIMIENTO, EVALUACIÓN Y ACCESOAviso Previo por EscritoUsted tiene el derecho de recibir un aviso por escrito del distrito escolar, antes de quese tome cualquier decisión que afecte la educación especial de su niño. Dentro detales decisiones se incluye la decisión de:• identificar a su niño como un niño con discapacidad o cambiar la elegibilidad desu niño de una discapacidad a otra,• evaluar o reevaluar a su niño,• ofrecerle a su niño una educación pública gratuita y apropiada o cambiar algúncomponente de la educación pública gratuita y apropiada de su niño,• ubicar a su niño en un programa de educación especial,• cambiar la ubicación de su niño en educación especial. (20 USC 1415[b]; EC56329, 56506[a])Usted también tiene el derecho de recibir un aviso por escrito del distrito escolar si eldistrito escolar se rehúsa a realizar las acciones que usted solicita.El aviso previo por escrito debe incluir lo siguiente:• una descripción de la acción que el distrito escolar propuso o rehusó,• una explicación del motivo por el cual la acción se propuso o rehusó,• una descripción de otras opciones tomadas bajo consideración y del motivo porel cual se rehusaron,• una descripción del procedimiento de cada evaluación, examen, registro oinforme usado cómo base para la acción que se propuso o rehusó,• una descripción de cualquier otro factor relevante a la acción que se propuso orehusó y• una declaración indicando que los padres del niño con discapacidad estánprotegidos bajo las salvaguardias del proceso.Si el aviso, no es referente a la recomendación de evaluación inicial, el aviso debeincluir lo siguiente: una declaración que indique que usted esta protegido bajo lasalvaguardias del proceso, información sobre cómo puede usted obtener un ejemplarde las salvaguardias del proceso descritos y fuentes de asistencia adicional paraentender dichos salvaguardias. (20 USC 1415[c])Consentimiento de los PadresEl consentimiento informado por escrito de los padres es necesario para la:‣ Primera evaluación: El distrito escolar debe contar con su consentimientoinformado por escrito antes de que pueda evaluar a su niño. A usted se le debeinformar de las evaluaciones que se usarán con su niño.‣ Reevaluación: El distrito escolar debe contar con su consentimiento informadopor escrito antes de reevaluar a su niño. Sin embargo, el distrito escolar puedereevaluar a su niño sin su consentimiento por escrito si el distrito escolar hatomado medidas razonables para obtener su consentimiento y usted no harespondido.2

‣ Ubicación inicial en educación especial: Usted debe dar su consentimientoinformado por escrito antes de que el distrito escolar pueda ubicar a su niño enun programa de educación especial. Usted puede negar su consentimiento parauna evaluación, reevaluación o ubicación inicial de su niño en educaciónespecial. Para evitar confusiones, usted debe informar por escrito a la escuela sise niega a dar su consentimiento para una reevaluación. El distrito escolarpuede procurar la evaluación o ubicar a su niño en educación especial por mediode una audiencia del proceso legal si cree que esto es necesario en la educaciónde su niño. Usted y el distrito escolar pueden acordar a una mediación paratratar de resolver sus desacuerdos.(EC 56321[c], 56346,56506[e]; 20 USC 1414[a][c])Los formularios de consentimiento deben describir la actividad para la cual se estádando el consentimiento. También debe incluir la lista de registros, si los hay, que sevan a entregar y a quién. Usted puede revocar el consentimiento en cualquiermomento pero la revocación no es retroactiva (esto no niega las acciones queocurrieron antes de que el consentimiento se diera y después que fuera revocado). (34CFR 300.500)Nombramiento de Padres SuplentesLos distritos escolares deben verificar que se asigne a un individuo como padre omadre suplente del niño con discapacidad para protegerle sus derechos cuando no sepuede identificar a los padres y cuando el distrito escolar no puede descubrir suparadero. Se puede nombrar a un padre suplente cuando el niño se adjudica comomenor dependiente o está bajo la custodia de los tribunales bajo el código de bienestare instituciones (Welfare and Institutions Code) del estado y ha sido recomendado paraeducación especial o tiene ya un IEP. (20 USC 1415[b]; EC 56050)Mayoría de EdadCuando su niño/a cumpla los 18 años de edad, todos los derechos bajo (Parte B) deindividuos con necesidades especiales ACT (IDEA) se transfieren al niño/a. La únicaexcepción es si se determina que su hijo es incompetente bajo la ley estatal.(34 CFR 300.517 30; EC 56041.5)EvaluaciónEvaluación no DiscriminatoriaEs su derecho recibir una evaluación para su niño de todas las áreas de discapacidadque se sospechen. Ni el material, procedimiento o lugar de la evaluación debendiscriminar por motivos raciales, culturales o sexuales. Tanto el material de evaluacióncomo el examen deben ser en el idioma nativo de su niño u otro medio decomunicación a menos que esto claramente no sea factible. Ningún procedimiento ensí solo puede usarse como criterio único para determinar la elegibilidad ni paradesarrollar un programa de educación adecuado para su niño. (20 USC 1414[a][b]; EC56001[j] y56320)Plan de EvaluaciónCuando el distrito esta contemplando la posibilidad de evaluar a su niño/a, a usted se lepropondrá un plan de evaluación por escrito adjunto con el plan usted recibirá unacopia de los salvaguardias del proceso. Una vez que se termine la evaluación, habráuna conferencia con el equipo del IEP, en la cual usted, padre y madre o tutor y sus3

epresentantes participarán para determinar si el alumno califica para los servicios deeducación especial. El equipo del IEP dialogará sobre la evaluación, lasrecomendaciones educativas y los motivos de dichas recomendaciones. A usted se ledarán duplicados del informe de evaluación y de los documentos de elegibilidad.(30 EC 56329 (a))Evaluación Educativa IndependienteSi usted no esta de acuerdo con los resultados de la evaluación conducida pro eldistrito escolar, usted tiene el derecho de solicitar y obtener una evaluación educativaindependiente (IEE) para su niño por una persona competente para conducir laevaluación y a expensas del público. El distrito escolar debe responder a su solicitudpara una evaluación educativa independiente e informarle a dónde dirigirse paraobtenerla si usted lo solicita. El distrito escolar puede solicitar una audiencia delproceso legal para comprobar que la evaluación individual es apropiada, si noconcuerda con la necesidad de la evaluación. Aunque el fallo sea a favor del distritoescolar, usted aún tiene derecho a una evaluación educativa independiente pero no aexpensas públicas. El equipo del IEP debe tomar bajo consideración las evaluacionesindependientes.Si el distrito escolar observa a su niño/a en su salón durante una evaluación, o si eldistrito pudiera haber permitido la observación del alumno por un individuo conduciendouna evaluación, entonces a usted también se le debe de permitir la observación de suniño/a dentro de la clase. Si el distrito escolar propone una nueva ubicación para suniño/a, se le debe permitir primero al asesor educativo independiente observar a suniño en la ubicación propuesta. (EC 56329(b) y (c))(20 USC 1415; EC 56506[c] and 56329[b]; 34 CFR 300.502)Acceso a los Registros EducativosTodos los padres de niños matriculados en distritos escolares tienen el derecho deinspeccionar los registros bajo el acta de derechos familiares y de privacidad (FamilyRights and Privacy Act o FERPA) los cuales han sido implementados en California bajolas secciones 49060-49079 del código de educación (Education Code). Bajo IDEA, lospadres de niños con discapacidades (e incluso aquellos que no tienen la tutela y cuyosderechos no han sido limitados) tienen el derecho de revisar todos los registroseducativos que tratan con la identificación, evaluación y ubicación educativa del niño.Aquí también se incluye la disposición de una educación pública gratuita y apropiada yuna explicación e interpretación de los registros. Bajo los estatutos de California, lospadres tienen el derecho a revisar y a recibir duplicados de los registros de educación.Estos derechos se transfieren al alumno mayor de 18 años de edad que no esté sujetoa un albacea o que asiste a una institución de educación posterior a la preparatoria.“Registro de Educación” (Education record) se refiere a aquellos registros que serelacionan directamente con el alumno y que mantiene una agencia educativa o unaparte representante de la agencia o institución y pudieran incluir (1) el nombre del niño,de los padres o de otro miembro de la familia, (2) el domicilio del niño, (3) unaidentificación personal del niño así como el número de seguro social, o su número deregistro de la escuela, o # de caso del tribunal (4) y una relación de característicaspersonales u otra información que haría posible la identificación del niño con unacerteza razonable. Tanto las leyes federales como estatales definen aún más el4

egistro del alumno. Su definición incluye cualquier dato que se relacione directamentecon un alumno que pudiera identificarse, aparte de la información del directorio, quemantiene el distrito escolar. Aquí se incluye lo que el distrito escolar requiere que unempleado mantenga en el desempeño de sus labores, así sea registrado con su puño yletra o impreso, en cintas de audio, video o microfilm, por computadora o por otrosmedios. Los registros del alumno no incluyen la información personal que un empleadoescolar ha preparado y mantenido para su uso o para el uso de un suplente. El padrepuede tener acceso sólo a la parte del registro que pertenece a su niño, en caso deque los registros contengan información sobre otros alumnos.El director de la escuela, es el guardián de los registros de cada plantel. El director delos registros de servicios estudiantiles (Director of Pupil Services) es el guardián de losregistros del distrito escolar. Los registros de los alumnos deben mantenerse en elplantel o en la oficina del distrito. No obstante, en cualquier oficina puede tramitarsepor escrito una sola solicitud para obtener los registros de todas las oficinas. Elguardián de registros le dará una lista de todos los tipos y ubicaciones de registrosestudiantiles (si usted lo solicita).El guardián de los registros limitará el acceso a aquellas personas autorizadas pararevisar el registro del alumno. Dentro de las personas autorizadas están los padres delalumno, el alumno con al menos dieciséis años de edad, individuos autorizados por lospadres para inspeccionar los registros, empleados escolares con un interés educativolegítimo, instituciones posteriores a la preparatoria designados por el alumno yempleados de agencias educativas federales, estatales y locales. En cualquier otrainstancia se negará el acceso a menos que el padre haya proporcionado unconsentimiento escrito para permitir el acceso a los registros; o si el acceso a dichosregistros se otorga por medio de una orden jurídica. Los distritos mantendrán unregistro donde se indique la hora, el nombre y el propósito del acceso de a registros deaquellos individuos que no son empleados del distrito escolar.Usted tiene el derecho a inspeccionar y revisar todos los registros educativos de suniño/a sin demora innecesaria, incluso antes de la conferencia del IEP de su niño/a ode una audiencia del proceso legal. El distrito escolar debe darle acceso a losregistros, y duplicados si los solicita, dentro de un plazo de cinco días después dehaber recibido su solicitud oral o escrita. Se puede cobrar una cuota por la duplicaciónregistros, pero no por la búsqueda ni por el acceso, a menos que el cobro de la cuotapudiera negar en forma efectiva el acceso de los padres.(20 USC 1415[b]; EC 56501, 56504 y 49069)Los padres pueden solicitar por escrito que el distrito escolar enmiende la informaciónrecopilada, mantenida o usada en los registros educativos si creen que no es precisa, osi se presta a una mala interpretación, o si viola la privacidad u otros derechos delalumno; si el distrito concuerda, el registro será enmendado y se informará a lospadres. Si el distrito escolar se niega a hacer las enmiendas solicitadas, se le notificaráa los padres; les informará de su derecho a, y propondrá, una audiencia, si se requiere,para determinar si la información que se cuestiona no es precisa, se presta a una malainterpretación de, o de alguna forma viola los derechos de privacidad u otros derechosdel alumno. Si después de la audiencia la mesa directiva decide no enmendar elregistro, los padres tendrán el derecho de proporcionar por escrito lo que ellos creansea una aseveración correctiva que se adjuntará al registro en forma permanente. El5

distrito tiene políticas y procedimientos que rigen la retención y destrucción deregistros. Los padres que deseen solicitar la destrucción de registros que ya no sonnecesarios para el distrito escolar, pueden comunicarse con el guardián de registros deldistrito. Sin embargo, hay cierta información que el distrito debe conservar en formaperpetua.(34CFR99; CFR300.561—573; 20USC 1415 [b](1); 34 CFR 500.567; EC 49070)PROGRAMA INDIVIDUALIZADO DE EDUCACION (IEP)La agencia de educación publica inicia y conduce conferencias con el propósito dedesarrollar, repasar y revisar el programa individualizado de educación de cada niñocon una discapacidad. El IEP documenta la elegibilidad de un niño para los servicios deeducación especial y los padres reciben una copia de cada IEP de su niño. Estasconferencias son conducidas por el equipo del programa individualizado de educación(IEP).Cuando el IEP ha sido completado y se ha dado el consentimiento apropiado de lospadres, se implementa tan pronto como es posible siguiendo la conferencia del IEP.Una copia del IEP sin costo se les da a los padres y si es necesario, se dará una copiadel IEP en el lenguaje primario de los padres, a pedido de padres. Un planindividualizado de servicios familiares (IFSP) para un niño entre las edades de tres acinco anos puede servir como el IEP luego de una explicación completa de la diferenciay el consentimiento escrito de los padres. El equipo del IEP debe considerar laspreocupaciones de los padres para realizar la educación de su niño.Miembros del equipo del IEP y responsabilidadesEl equipo del IEP incluye:• Un administrador o representante designado por la administración quien tieneconocimiento sobre las opciones de los programas apropiados para el niño yesta calificado para dar o supervisar el suministro de educación especial,• Al menos un maestro de educación general de niño, si el niño esta, o podríaestar participando, en el ambiente de educación general,• Al menos un maestro de educación especial del niño, o si es apropiado, almenos un proveedor de educación especial del niño, y• Uno a los dos padres del niño, los individuos seleccionados por los padres, oambos.Cuando sea apropiado, el equipo del IEP también incluirá:• El niño, incluyendo cuando el equipo dialogue sobre los servicios de transición,• Otras personas que tienen la pericia o el conocimiento necesarios para eldesarrollo del IEP,• Cuando el niño ha sido evaluado con el proposito de desarrollar, repasar orevisar el IEP, la persona que ha conducido la evaluación del niño o que tieneconocimiento sobre los procedimientos de evaluación utilizados para evaluar elniño y esta familiarizada con los resultados de la evaluación, y• Cuando se sospecha que el niño tiene una discapacidad en el aprendizaje, almenos un miembro del equipo del IEP, diferente del maestro de educaciónregular del niño, será la persona que observara el desempeño educativo del niñoen una ubicación apropiada. Si el niño es menor de cinco anos de edad o no6

esta matriculado en una escuela, un miembro del equipo observara al niño en unambiente apropiado para la edad del niño.Un miembro del equipo del IEP puede ser disculpado de una conferencia del equipo delIEP, en toda o en parte, cuando LEA y los padres están de acuerdo en que la presenciadel miembro no es necesaria porque el currículo del área del miembro o los serviciosrelacionados no serán modificados o no se hablara de ellos en la conferencia. Cuandoel currículo del área del miembro o los servicios relacionados sean modificados o sehable de ellos en la conferencia, un miembro necesario del equipo IEP puede serdisculpado, pero solo cuando LEA y los padres consientan la disculpa por escrito, y elmiembro entregue su opinión por escrito para el desarrollo del IEP antes de laconferencia. Las provisiones de la disculpa no aplica a los padres, al estudiante o a laspersonas con conocimiento o pericia especialSi el niño no asiste a la conferencia del equipo del IEP donde se dialogara sobre losservicios de transición, el distrito se asegurara de que las necesidades y preferenciasdel niño sean consideradas. El distrito puede invitar a representantes de otras agenciasquienes podrían ser responsables por los servicios de transición.CÓMO SE RESUELVEN LAS DISPUTASDerecho a una Audiencia de Proceso LegalUsted tiene el derecho a solicitar una audiencia imparcial del proceso legal debido a:• la identificación de su niño para determinar su elegibilidad para educaciónespecial,• la evaluación de su niño,• la ubicación educativa de su niño,• la disposición de una educación pública gratuita y apropiada (en inglés FAPE)para su niño.La solicitud para una audiencia del proceso legal, debe tramitarse en un plazo de tresaños a partir de la fecha cuando supo o tuvo motivo para conocer los hechos en loscuales usted se basa para solicitar la audiencia. [H.R. 1350 §615(f)(3)(C)]Hay una excepción a esta fecha si anteriormente se le impidió solicitar una audienciatemprana por que:a) el distrito mal representó el haber resuelto el problemab) el distrito retuvo información que tenia que haberle proporcionado. [H.R. 1350§615(f)(3)(D)]Mediación y Resolución Alterna de Disputas (ADR)Usted puede solicitarle al distrito que resuelva las disputas a través de la mediación quees menos adversa a una audiencia del proceso legal. La resolución alterna de disputas(Alternative Dispute Resolution o ADR) puede estar a su disposición en su distrito. Lamediación y la ADR son métodos voluntarios para resolver una disputa y no puedenusarse para retrasar su derecho a una audiencia del proceso legal. Los padres y eldistrito escolar deben estar de acuerdo a tener una mediación antes de que lamediación se lleve a cabo. Un mediador es una persona capacitada en estrategias queayudan a las personas a llegar a un acuerdo sobre cuestiones difíciles.(20 USC 1415[e]; EC 56500.3)7

Derecho al Proceso Le galUsted tiene derecho a:1. Tener una audiencia administrativa estatal justa e imparcial con alguien queconoce las leyes que rigen la educación especial y audiencias administrativas(EC 56501[b]);2. ser acompañado y representado por un abogado u individuos que tienenconocimiento sobre niños/as con discapacidades (EC 56505[e]; 20 USC1415[h]);3. presentar evidencia y argumentos escritos y orales (EC 56505[e]);4. confrontar, interrogar e instar a que haya testigos presentes (EC 56505[e]);5. recibir un informe escrito, o a elección del padre, una grabación electrónicatextual de la audiencia, incluso del resultado de las investigaciones sobre loshechos, y las decisiones (EC 56505[e]; 20 USC 1415[h]);6. tener a su niño en la audiencia (EC 56501[c]);7. tener una audiencia pública o privada (EC 56501[c]);8. estar informado de los puntos de la otra parte y la resolución propuesta cuandomenos diez días del calendario antes de la audiencia (EC 56505[e] and56043[s]; 20 USC 1415[b]);9. recibir una copia de toda la documentación, incluso evaluaciones yrecomendaciones hechas hasta el momento, listas de testigos y el área engeneral de su testimonio, en un plazo de cinco días hábiles antes de laaudiencia y excluir la introducción de cualquier documento o testigo si norecibe la información en un plazo de cinco días hábiles (EC 56505[e]; 56403[t];EC 56506.1[f]);10. contar con un intérprete a expensas del Departamento de Educación delEstado de California (CCR3082[d]);11. solicitar que se postergue la fecha de la audiencia (EC 56505[f]);12. tener una conferencia de mediación en cualquier momento durante laaudiencia del proceso legal (EC56501[b]) y13 recibir aviso de la otra parte, al menos diez días antes de la audiencia de quetiene la intención de ser representado por un abogodo. (EC 56507[a]).En cualquier acción o proceso para una audiencia legal, el tribunal a su discreción,puede otorgarle una cantidad razonable para pagarle al abogado, a usted como padredel niño con discapacidad si usted se esta auto representando y prevalece en laaudiencia. La tarifa razonable del abogado puede hacerse al concluir la audienciaadministrativa con un acuerdo entre las dos partes.(20 USC 1415[i]; EC 56507[b])La cantidad puede reducirse por lo siguiente:1. si el tribunal decide que usted retrasó sin motivo alguno la resolución final dela controversia,2. si la tarifa por horas del abogado excede la tarifa prevaleciente dentro de lacomunidad por servicios similares por abogados con capacidad, reputación yexperiencia razonablemente equivalente,3. la duración y los servicios legales proporcionados fueron excesivos,4. su abogado no proporcionó al distrito escolar la información apropiada en lademanda del proceso legal.8

Sin embargo, la cantidad otorgada para gastos de abogado no se reducirá si el tribunaldetermina que el estado o el distrito escolar retrasó sin motivo alguno la resolución finalde la acción o audiencia o si hubo una violación de las salvaguardias del proceso.(20 USC 1415[i])No puede otorgarse una cantidad para gastos de abogado por cualquier conferenciadel equipo del IEP a menos que dicha conferencia haya sido convocada comoresultado de una audiencia del proceso legal o acción jurídica. Tampoco puedeotorgarse una cantidad para gastos de abogado si usted rechaza una oferta razonablepresentada por el distrito o agencia pública diez días antes de que comience laaudiencia y si la decisión del tribunal no es más favorable que la oferta.(20 USC 1415[d])Presentando por Escrito Quejas del Proceso LegalPara presentar una solicitud para la mediación o para el proceso legal, comuníquesecon:Office of Administrative HearingsSpecial Education Unit1102 Q Street, 4th FloorSacramento, CA 95814Teléfono: (916) 323-6876Fax: (916) 322-8014Usted necesita presentar una solicitud escrita para la audiencia del proceso legal,misma que se mantendrá en forma confidencial. Usted o su representante necesitanincluir lo siguiente en su solicitud:1. nombre del niño,2. domicilio de la residencia del niño,3. nombre de la escuela a la que va el niño/a y4. una descripción de la naturaleza del problema, incluyendo los hechosrelacionados con el problema y la resolución propuesta a solucionar elproblema.La ley estatal requiere que la parte que esté solicitando la audiencia del proceso legalproporcione un duplicado de la solicitud a la otra parte. (20 USC 1415[h]; EC 56502[c])Ubicación del Niño Mientras Penden los Procedimientos del Proceso LegalDe acuerdo con lo estipulado por la ley, cualquier niño/a involucrado en un procesoadministrativo o jurídico debe permanecer en su ubicación educativa actual (stay put) amenos que usted y el distrito escolar concuerden en algo distinto. Si está solicitando laadmisión inicial a una escuela pública, su niño/a él/ella puede ser ubicado, con suconsentimiento, en un programa de la escuela pública hasta terminar el proceso. (20USC 1415[j]; EC 56505[d]and [i])Oportunidad para que el Distrito Resuelva la QuejaSi usted decide presentar una queja del derecho del proceso legal como se explica enla sección titulada “Presentando quejas del proceso legal”, el distrito deberá programaruna junta dentro de un plazo de 15 días después de recibir el aviso de su queja delproceso legal. El propósito de la junta es el de darle a usted la oportunidad de hablar9

de su queja del proceso legal y los hechos en que se basó para presentar la queja ypara que el distrito tenga la oportunidad de resolver sus preocupaciones y trabajar conusted para llegar a una solución. Esta junta se deberá llevar a cabo antes del inicio dela audiencia del proceso legal. En la junta deberán estar los padres y otros miembrosdel equipo del IEP que tengan conocimientos específicos de los hechos y personal dedistrito autorizado a resolver la queja. El distrito y los padres podrán acordar aposponer la junta. El distrito tiene un plazo de 30 días después de haber recibido laqueja del proceso legal para resolver la queja o se llevará a cabo la audiencia delproceso legal.Si los padres y el distrito no son capaces de resolver la queja del proceso legal y serealiza una audiencia, la decisión de la audiencia es definitiva y obligatoria para ambaspartes. Una de las partes puede apelar la decisión de la audiencia, mediante unaacción civil en una corte estatal o federal dentro de los 90 días después de la decisiónfinal. (20 USC 1415[l]; EC 56505[g]and [i];EC 56043[u])PROCEDIMIENTOS ESCOLARES CONCERNIENTES A DISCIPLINA Y UBICACIÓNDE ALUMNOS CON DISCAPACIDADESSe puede suspender o ubicar en otros lugares alternos en forma interina o en otrasubicaciones a niños con discapacidades siempre y cuando estas opciones puedantambién aplicarse a niños sin discapacidades.Se debe convocar una conferencia del IEP si la estancia del niño en tal ubicación pasade los diez días. La conferencia del IEP será para determinar si la mala conducta delniño fue ocasionada por su discapacidad. La conferencia del IEP debe realizarse deinmediato, si es posible, o en un plazo de diez días de que el distrito escolar decidieraseguir esta forma de acción disciplinaria.(20 USC 1415[k])A usted, como padre, se le invitará a participar como miembro del equipo del IEP. Eldistrito escolar le debe informar por escrito de la acción que se solicita. Al distritoescolar se le puede pedir que desarrolle un plan de evaluación para tratar la malaconducta. Si su niño/a ya tiene un plan de intervención de conducta, se le pedirá que lorevise y lo modifique como sea necesario. El distrito escolar podría tomar algunaacción disciplinaria, como la expulsión, como lo haría con un alumno sindiscapacidades, si el equipo del IEP concluye que la mala conducta no se debió a unamanifestación de la discapacidad del niño.Usted puede solicitar una audiencia acelerada del proceso legal en la oficina deaudiencias de educación especial de California (California Department of EducationSpecial Education Hearing Office) si no está de acuerdo con la decisión del equipo delIEP. (20 USC 1415[k])Ubicación Interina en un Ambiente Educativo AlternoBajo la ley federal, un distrito escolar puede ubicar a un niño en un ambiente educativoalterno apropiado bajo ciertas circunstancias en forma interina hasta por cuarenta ycinco días. Dichas circunstancias incluyen el hecho de que el niño haya portado unarma, haya poseído o usado con conocimiento drogas ilegales o haya vendido osolicitado la venta de sustancias controladas en la escuela o en una función escolar oque haya incurrido en serias heridas al cuerpo. (20 USC 1415[k])10

Su niño permanecerá en la ubicación alterna interina aun cuando usted solicite unaaudiencia o una apelación sobre una acción disciplinaria o determinación de lamanifestación a menos que se cumpla el plazo máximo de 45 días o un agente de laaudiencia establezca otro periodo o los padres y el distrito escolar concuerden en otraubicación. (34 CFR 300.526)La ubicación educativa alterna, cuando sea posible, debe permitir que su niño/acontinúe participando en el currículo general y asegurar la continuación de los serviciosy modificaciones detalladas en el IEP. (20 USC 1415[k])Su niño/a no puede ser suspendido por más de diez días consecutivos excepto con suconsentimiento u orden judicial. El distrito debe continuar proporcionándole a su niño/ala educación y los servicios especiales si obtiene el consentimiento para unasuspensión de más de diez días. (20 USC 1415[k](3)[B][i]; 34 CFR 300.121 [d]; 30 EC48911[b]; 30 EC 48915.5[d]; Honig vs. Doe)NIÑOS/AS QUE ASISTEN A ESCUELAS PARTICULARESLos padres que registran a sus niños/as en escuelas particulares, tienen la oportunidadde participar en programas de educación especial fundados públicamente. Mientras losdistritos aclaran la responsabilidad de ofrecer una educación publica y gratuita a losestudiantes con discapacidades, cambios recientes a las leyes federales han limitadosignificativamente la responsabilidad del distrito de proporcionar servicios a estudiantescuyos padres hayan decidido por ellos el atender a escuelas privadas. Las leyesfederales limitan la cantidad que los distritos escolares deben gastar de los fondosproporcionados autorizados de dividendos federales (IDEA.)Observación de su Niño en una Escuela No-PúblicaEl distrito escolar debe tener primero la oportunidad de observar y ver a su niño dentrode la ubicación propuesta si usted en forma unilateral coloca a su niño en una escuelano-pública y propone que la colocación en una escuela no-pública sea financiada por elpúblico. El distrito escolar no puede observar o evaluar a ningún otro niño en laescuela no-pública sin permiso de su padre o tutor.(EC 56329(d))Colocación Unilateral en una Escuela No-Pública o Privada por Parte del PadreEl distrito escolar puede reembolsarle sus gastos si usted, en forma unilateral, sinconsentimiento o canalización de un agente del tribunal o de la audiencia coloca a suniño en una escuela particular o no-pública no perteneciente a una entidad religiosaúnicamente si el niño antes recibió educación especial y servicios relativos bajo laautoridad de la agencia pública y el agente del tribunal o audiencia determina que eldistrito escolar no puso a disposición una educación apropiada y gratuita en formaoportuna.Un tribunal o un oficial de la agencia no pueden reducir o negarle el reembolso si ustedno informó al distrito escolar debido a lo siguientes:‣ Analfabetismo o incapacidad para escribir en inglés,‣ Dar aviso muy posiblemente resultaría en serio daño físico o emocional para suniño,‣ La escuela le impidió dar aviso o11

‣ Usted no recibió un duplicado de estas salvaguardias o no se le informó enforma alguna de este requisito(20 USC 1412[a]; 34 CFR 300.403)Un tribunal o un oficial de la agencia puede reducirle o negarle el reembolso si ustedno permitió que su niño/a estuviera accesible para una evaluación conducida por eldistrito escolar, tras haber recibido de ellos un aviso escrito. También puede negarle elreembolso si usted no informo al distrito escolar que usted rechazaba la ubicación eneducación especial propuesta por el distrito escolar o no compartió con ellos suspreocupaciones y su intención de matricular a su niño en una escuela particular aexpensas públicasNotificando al DistritoUsted debe de notificar al distrito de sus intenciones de colocar a su niño/a en unaescuela privada:‣ durante la más reciente conferencia de IEP a la cual usted asistió antes desacarlo de la escuela pública o‣ por escrito, cuándo menos 10 días hábiles (incluyendo días festivos) antes desacarlo de la escuela pública.(20 USC 1412[a]; 34 CFR 300.403)El distrito escolar no está obligado a ofrecer una educación pública gratuita y apropiadaa los niños/as cuyos padres hayan matriculado voluntariamente a su niño en unaescuela particular. En tales casos el distrito propondrá un plan de servicio individualpara alumnos en escuelas particulares (Individual Services Plan for Private SchoolStudents) (20 USC 1412(a)(10)(A)(I))PROCEDIMIENTOS DE QUEJASProceso para Apelación al EstadoNota: Los procedimientos de quejas en esta sección están específicamenterelacionadas al Proceso de Apelación del Estado de California y no es igual alprocedimiento de la queja del proceso legal mencionado anteriormente en estedocumento.Si usted desea someter una queja con el Departamento de Educación de California,usted deberá de someter su queja en escrito a:California Department of EducationSpecial Education DivisionProcedural Safeguards Refferal Service515 L Street, Room 270Sacramento, California 95814Dentro de 60 días después que se haya sometido la queja, el Departamento deEducación de California hará lo siguiente: hará una investigación independiente, dará alquejante una oportunidad de proporcionar información adicional, repasar todainformación y hará una determinación si es que la Agencia Local Educativa (LEA) haviolado leyes o regulaciones y someterá una decisión escrita que hableespecíficamente de cada alegación.12

Para quejas que tengan que ver con cuestiones no repasadas en IDEA, consulte a sudistrito de Procedimiento Uniforme de Quejas. El distrito gustara ayudarle a resolverquejas al nivel local cuando sea posible. Lo invitamos a que se reúna con eladministrador que ha sido designado a trabajar con cuestiones de cumplimiento y tratarde resolver su preocupación antes de que una queja sea sometida. El/ella mantendráprivado como es permitido por la ley. Si su queja no puede ser resuelta, unainvestigación formal será iniciada o usted será referido/a a la agencia apropiada paraasistencia.INFORMACION PARA PONERSE EN CONTACTO CON EL DISTRITOPor favor póngase en contacto con su Administrador de Educación Especial en sudistrito escolar si usted:● Quiere copias adicionales de la notificación de los salvaguardias del proceso● Necesita asistencia con el entendimiento de las provisiones de sus derechos ysalvaguardias del proceso● Requiere una traducción oral, por otros medios, en un lenguaje diferente u otromodo de comunicación.DistrictPhoneMadera County Office of Education (559) 662-4676Alview-Dairyland School District (559) 665-2394Bass Lake Joint Union SD (559) 642-1555Chawanakee Unified SD (559) 868-3343Chowchilla SD (559) 665-8022Chowchilla Union High SD (559) 665-1331Golden Valley Unified SD (559) 645-7533Madera Unified SD (559) 675-4500Raymond Knowles (559) 689-3336Yosemite Unified SD (559) 683-4667Mariposa County (209) 742-0231Si usted necesita asistencia adicional que no sea de su Distrito Local/ Oficina delCondado o desea información general referente al programa de Educación Especial yservicios dentro de Madera-Mariposa Educación Especial Plan Local del Area (SELPA)usted puede ponerse en contacto con SELPA, al 662-4665.Firmando este documento, yo certifico que he recibido una copia de las MEDIDAS QUEPROTEGEN LA INTEGRIDAD DE LOS PROCESOS Y DERECHOS DE LOS PADRES.______________________________________Firma del Padre/Madre/Guardián o Padre Sustituto_____________________Fecha13

POLICY 1013CONTRACTING WITH NONPUBLICNONSECTARIAN SCHOOLSWhen no appropriate public education program is available to serve the individual withexceptional needs, contracts will be made with nonpublic-nonsectarian schools andagencies to provide such facilities and services as may be required EC 56195.7(e), EC56200(j), EC 56205(c).The SELPA will assure that the protection of rights and procedures for identification,screening referral, assessments, instructional planning, implementation, and review willapply in contracting with nonpublic-nonsectarian schools.Reimbursement for tuition for the full amount described in the contract will be theresponsibility of the student’s district of residence.The SELPA will make and document its efforts to locate appropriate nonpublicnonsectarianschool programs within the state before contracting with a non-publicschool out of state.The selection of nonpublic-nonsectarian schools to provide services will be restricted tothose authorized by the state to provide services.Neither the Administrative Agency nor any other unit of the SELPA will place specialeducation pupils in private schools without the knowledge and concurrence of thedistrict, which shall be responsible for assuming the cost.Students meeting ED eligibility requirements and receiving residential placementservices have an IEP to monitor progress every 6 months.Reference: EC 56195.7(e), EC 56200(j), EC 56205(c)Revised 11/07/07Second Reading 11/07/07First Reading 08/29/07Adopted 09/18/02Second Reading 09/18/02First Reading 05/15/02

POLICY 1014LOW INCIDENCE FUNDSEducation Code Section 56836.22 provides state low incidence funds to purchasespecialized books, materials and equipment as required under the individualizededucation program (IEP) for pupils with low incidence disabilities as defined in Section56026.5 (“hearing impairments, vision impairments, severe orthopedic impairments orany combination thereof”).1. The Madera-Mariposa Special Education Local Plan Area (SELPA), as theresponsible local agency, shall ensure that the appropriate books, materials andequipment are purchased. It will also be the responsibility of the Madera-Mariposa SELPA to reassign the books, materials and equipment to other localeducation agencies within the Madera-Mariposa Special Education Local Planarea once the agency that originally received the books, materials and equipmentno longer needs them.2. The Madera-Mariposa SELPA will maintain an inventory list of all books,materials and equipment purchased with low incidence funds. The inventory listwill be distributed on an annual basis to all local education agencies within theMadera-Mariposa Special Education Local Plan area.3. Assessment of a pupil with a suspected low incidence disability shall beconducted by a person knowledgeable of that disability. Special attention shallbe given to the unique educational needs, including, but not limited to, skills,materials, and equipment. Books, materials and equipment purchased for lowincidence students will directly relate to the unique educational needs resultingfrom a low incidence disability.4. Specialized equipment will be distributed within the Madera-Mariposa Local PlanArea in a manner that minimizes the necessity to serve pupils in isolated sitesand maximizes the opportunities to serve pupils in the least restrictiveenvironment. As a way of addressing students in isolated sites and maximizingthe least restrictive environment, placement in a regional program will beconsidered by the IEP team for students requiring specialized equipment.Education Code Section 56136 provides federal funding to provide specialized servicesfor pupils with low incidence disabilities as defined in Section 56026.5 (“hearingimpairments, vision impairments, severe orthopedic impairments or any combinationthereof”)1. The Madera-Mariposa SELPA, as the responsible local agency, shall ensure thatthe use of these funds is limited to qualified expenditures supporting low

incidence specialized services. Qualified expenditures for low incidencespecialized services are limited to interpreters, note takers, readers, transcribersand others who provide specialized services to students with low incidencedisability or disabilities.2. These specialized services must relate to the unique educational needs resultingfrom the pupil’s low incidence disability or disabilities.3. Low incidence specialized service funds are to be used to supplement and not tosupplant existing services.Reference: Education Code 56026.5, 56136, 56363, 56836.22Revised 11/07/07Second Reading 11/07/07First Reading 08/29/07Revised 05/17/06Second Reading 05/17/06First Reading 02/23/06Adopted 06/15/94

POLICY 1015AMENDING THE LOCAL PLANChanges or amendments to the permanent portion of the Madera-Mariposa Local Planmay be considered during the annual service and budget plan process. TheGovernance Council can adopt amendments to the permanent portion of the local planon an “interim” basis, not to exceed one year. Amendments approved in this mannerwould become permanent upon subsequent approval by all LEA governing boards andthe California Department of Education.Reference: EC 56205(a).Adoption of the Local Plan requires consent of all participating Boards. Individual policychanges will be approved through the Superintendents’ Council, as the efforts anddecision of the Council, facilitate this unanimity.Reference: EC 56205(a)Adopted 11/07/07Second Reading 11/07/07First Reading 08/29/07

POLICY 1016MAINTENANCE OF EFFORT FISCAL POLICYBACKGROUNDPursuant to federal regulations covered in Part B of IDEA, Part B funds may only bespent to supplement state, local, and other federal funds, not supplant them. OurSELPA, as the immediate sub-recipient of the federal grant, is bound by the conditionsattached to these federal funds. The State has responsibility of enforcement at theSELPA level. The SELPA has the responsibility of enforcement at the local level.This policy is intended to ensure compliance with this specific portion of the federalregulations covering Part B of IDEA.OVERVIEWIn order to ensure compliance with IDEA maintenance of effort (MOE) provisions theMadera-Mariposa SELPA will actively monitor the status of expenditures of its memberLocal Educational Agencies (LEA’s). The process will include a combination of selfmonitoring/ reporting by the LEA’s and periodic formal reports to the SELPA.REPORTING CYCLESBUDGET REVIEWREVIEWCurrent year budget to prior year actuals.TIMEFRAMEDue September 15 th to SELPA from LEA’s. Due Oct. 15 th from SELPA to CaliforniaDepartment of Education (CDE).OVERVIEWA required comparison of current year budget to prior year actuals. The information isuploaded to the SACS software and MOE pages are printed with contact informationand forwarded to the SELPA for review.SELPA FAILURE RESPONSEIf the SELPA fails to pass this MOE requirement, CDE will withhold IDEA Part B Fundsto the SELPA until such time that the SELPA can pass this requirement. The SELPAadministrator is charged to work with all LEA’s and request appropriate budgetamendments to ensure compliance. This may necessitate some LEA’s going back totheir local boards for a budget revision.LEA FAILURE RESPONSEShould an LEA fail to pass this MOE requirement, the SELPA administrator is chargedto work with each LEA to amend their program delivery to ensure compliance with theMOE requirements. LEA’s that fail to meet the MOE requirement will be required torevise their budget reflecting compliance or risk having their federal funds diverted laterin the year (see Spring Review below).

REVIEW PRIOR YEAR ACTUALS TO PRIOR YEAR ACTUALSTIMEFRAMEDue November 15 th to SELPA from LEA’s. Due December 15 th for SELPA to CDE.OVERVIEWA required comparison of prior year actuals to the actuals of the year that precedes prioryear. A required comparison of prior year actual expenditures to those of the fiscal yearpreceed’s prior year. This data is collected with the unaudited financial statements filedby LEAs during fiscal year-end close out process. The MOE pages will be printed withcontact information and forwarded to the SELPA for review.SELPA FAILURE RESPONSEIf the SELPA fails to pass this MOE requirement, CDE will reduce the current year’sIDEA part funding by an amount equal to the level by which the SELPA failed to meetits MOE requirement. The SELPA will allocate the CDE reduction to those agencieswho fail to meet their individual MOE requirements.LEA FAILURE RESPONSEIf an LEA fails the MOE requirement, and the SELPA does not, the SELPA will not haveits apportionment reduced. However the SELPA is required to ensure compliance of itsown members, and thus the SELPA will deduct IDEA part B funds by the amount equalto the level by which the LEA failed to meet its MOE requirement. The deducted fundswill be available for allocation by the Superintendent’s Council in a manner they see fit.FIRST INTERIM REVIEWTIMEFRAMEEarly December for LEA’s.OVERVIEWA local reporting period for MOE. Districts are required to actively assess their ownMOE status.SELPA FAILURE RESPONSEN/A – no reporting to the State required.LEA FAILURE RESPONSEAn LEA only fails this review by self-reporting to the SELPA. The SELPA administratorwill help the LEA develop a plan to immediately return to a compliant status.TIMEFRAMELate February /Early March for LEA’s.SECOND INTERIM REVIEW

OVERVIEWA second local reporting period for MOE. Districts are again required to actively assesstheir own MOE status.SELPA FAILURE RESPONSEN/A – no reporting to the State required.LEA FAILURE RESPONSEAn LEA only fails this review by self-reporting to the SELPA. The SELPA administratorwill help the LEA develop a plan to immediately return to a compliant status.SPRING REVIEW AND ADJUSTMENTTIMEFRAMEDue April 15 th to SELPA from LEA’s. SELPA will review by May 1 st .OVERVIEWA special local reporting period for MOE. For one final time, districts are required toassess their own MOE status. This reporting period the agency must certify to theSELPA administrator one of three status indicators: compliant plus - the LEA will meetIts MOE requirement for the current fiscal year and would like to absorb excess federalfunding if available; compliant – the LEA appears able to meet its MOE requirement forthe current fiscal year as currently projected but is not in a position to absorb additionalfederal funding; or projected non-compliant – the LEA may not meet its MOErequirement for the current fiscal year as currently projected. After collecting allcertifications, the SELPA administrator will then review the allocation of federal fundingamong the LEA’s. At the May Superintendent’s Council meeting, the SELPAadministrator will recommend a one-year redistribution of federal funding among theLEA’s – if necessary.By redirecting federal funding away from a projected non-compliant agency, the SELPAwill thereby reduce the LEA’s total special education revenue for the year, and force theLEA to increase its local contribution to make up for the reduced federal allocation.Properly estimated, the increased local contribution should force the LEA back into aMOE compliant status. The funds would then be redirected to compliant plus LEA’s.This has the effect of reducing an LEA’s local contribution, which is acceptable as longas the LEA is still meeting MOE restrictions. The Superintendent’s Council will approveall reallocations, which will need to be evaluated on a case by case basis.SELPA FAILURE RESPONSEN/A – no reporting to the State required.LEA FAILURE RESPONSEAn LEA who projects non-compliance will have its current year federal funding reducedby the amount of the projected compliance shortfall. State aid will not be increased tooffset this loss. This will force the district to spend local dollars to meet its obligations,thereby ensuring local compliance with MOE.

SUMMARYThe above reporting cycle places a burden on LEA’s to monitor their own specialeducation funding. This is appropriate. The SELPA cannot accurately assess thestatus of an LEA’s special education expenditures, as many local factors are invisible tothird party reviews. The agencies are compelled to adopt a compliant budget, selfreviewtwice during the year at the interim reporting periods, certify in a springassessment to the SELPA and then undergo a final review when closing their financialstatements. Properly reviewed and reported to the SELPA administrator, there areample opportunities to jointly ensure compliance.Reference: EC 56205 (a)(19)Revised 11/07/07Second Reading 11/07/07First Reading 08/29/07Adopted 01/19/05Second Reading 01/19/05First Reading 11/17/04

Exhibit 1016.1.1Madera-Mariposa SELPASpring Review -- Maintenance of Effort ComplianceCertification FormDistrict Name : __________________________________________Prior Year Expenditures Federal State Local_______ _____ ____Current Year Projected Expenditures : _______ _____ ____ Compliant Plus -- We expect our program to meet its MOErequirements and we have the capacity to absorb additionalfederal funds should the SELPA have the need to reallocate thosefederal funds. Compliant -- We expect our program to meet its MOErequirements, but do not have the capacity to absorb additionalfederal funds.Currently Projecting Non-Compliant -- Our current projectionsindicate that we may not meet our MOE target for this year, absentadditional corrective action. The SELPA may need to reallocatesome of our federal funding on a one-time only basis._________________________________Superintendent or DesigneeDate***DUE TO SELPA NO LATER THAN APRIL 15 EACH YEAR.TH

POLICY 1017CHARTER SCHOOLSPROVISION OF SPECIAL EDUCATION SERVICES TOSTUDENTS VOLUNTARILY ENROLLED IN CHARTERSCHOOLSThis Policy applies to all Charter Schools chartered by educational entities locatedwithin the member districts of the Madera-Mariposa SELPA. This policy also applies toany charter school petition granted by the State Board of Education in which oversightresponsibilities have been assigned to an educational agency within the Madera-Mariposa SELPA (EC47605.5 (k)(l).Charter Schools, as well as member districts, shall continue to adhere to the Madera-Mariposa Local Plan regarding the following:• Administrative Unit Oversight Responsibilities• Local Plan Development• Accessing Regionalized Services (ex. LAS, APE, HOH)• Share in SELPA Deficits• Assurances of Services State Eligibility Criteria for Special EducationIdentification• Policy and Procedure Development within the SELPA• Community Advisory Committee RequirementsAs students enrolled in Charter Schools are entitled to special education servicesprovided by State and Federal funding, the charter schools shall comply with allrequirements of federal law regarding provision of special education services(Individuals with Disabilities Education Act (20 U.S.C. Chapter 33). Children withdisabilities and their parents shall retain rights under the IDEA.POLICY STATEMENTSpecial education related services shall be provided to all eligible individuals within thejurisdiction of the Madera-Mariposa SELPA in accordance with this Local Plan. Studentsenrolled in the charter schools chartered by member districts shall receive services in amanner similar to other students. A charter will be granted if the charter includesassurances that special education instruction and/or services shall be provided to alleligible disabled students, enrolled in the charter school, in accordance with the SELPALocal Plan.Funding for special education services, participation in the governance structure andresponsibility for provision of services shall be based on the categorizations of theindividual charter school. Education Code section 47613.5, added in 1999, allows a

charter school to be deemed a Local Educational Agency (LEA) and receive directfunding, or continue to be categorized as a Public School within a district. All approvedcharter schools will be deemed public schools within a district unless the Charter Schoolmeets the same criteria as any other LEA wishing to join the SELPA and as a result theSELPA Council of Superintendents has deemed that charter school a LEA.1. SELPA INVOLVEMENT WITH APPROVAL AND RENEWAL OF CHARTERSPrior to approval of a new charter, or renewal of an existing charter, the superintendentor designee of the chartering entity shall consult with the SELPA Director regarding theprovision of special education services to students enrolled by the Charter School. Thepetitioner shall provide adequate assurances that all eligible students enrolled in thecharter school must receive appropriate special education services in accordance withthe Madera-Mariposa SELPA Local Plan. The charter shall provide assurances that nostudent otherwise eligible to enroll in the Charter School will be denied enrollment dueto a disability or the charter school’s inability to serve the student. The SELPA will beavailable to provide consultation on the potential fiscal impact and benefit that may beassociated with granting the requested charter.In order to be approved, the charter shall delineate the entity responsible for providingspecial education instruction and services, any anticipated transfer of special educationfunds between the granting entity and the charter school, and for sharing deficits infunding. These provisions will be included in a Memorandum of Understanding. TheCalifornia Department of Education points of legal clarification are as follows:• The Local Plan, which allows inclusion of Charter Schools that request to be deemed anLEA member of the SELPA, cannot establish additional criteria or preconditions formember districts to use regarding the granting of charter(s).• The Local Plan, which allows inclusion of Charter Schools that request to be deemedand LEA member of the SELPA, must allow any charter school in the state that is“deemed to be an LEA”, to apply to join the SELPA as a member district (LEA).• The Local Plan, which allows inclusion of charter schools that request to be deemed anLEA member of the SELPA, shall comply with all state federal laws regarding specialeducation.• In compliance with E.C.47645, the SELPA will treat the review and approval of acharter school’s request to be an LEA in the same manner as a request from anotherdistrict’s request to join the SELPA2. CATEGORIES OF CHARTER SCHOOLSA PUBLIC SCHOOL WITHIN A DISTRICTCharter schools that are deemed to be public schools within a district will participate inState and Federal funding in the same manner as other schools within the charteringdistrict. The chartering district shall be responsible for ensuring that all children withdisabilities enrolled in the charter school receive special education and designatedinstructional services in a manner that is consistent with all applicable provisions of federal

law. The district will determine the policies and procedures necessary to ensure that theprotections of special education law extend to students in the charter school in the samemanner as students in the regular program.The chartering district shall receive all applicable special education funds, as outlined in theSELPA resource allocation plan. The chartering district shall represent the needs of charterschools, like other schools within the district, in the SELPA governance structure. Thechartering district shall be responsible for ensuring that all eligible students areappropriately served. The district shall be responsible for procuring, and fundingappropriate special education services, even though the student may live within acontiguous county. The district may contract for these services with public or privateeducational entities. When a student lives outside the boundaries of the chartering district,the district in which the child lives shall have no responsibility to provide services or payexcess costs.The district and the charter school may enter into agreements whereby the charter schoolis billed for excess costs associated with providing special education services to identifiedstudents, including the administration of special education programs, and any other costsassociated with educating charter school special education students. The charter schoolmay also be held fiscally responsible for an equitable share of any encroachment on districtfunds that is created by the provision of special education services throughout the district.CHARTER SCHOOL AS A LEA WITHIN THE SELPAA charter school may apply to become a LEA for the provision of special educationservices. Application must be made to the SELPA by January 1 of the school yearpreceding the school year in which the charter school anticipates operating a LEA withinthe SELPA. The Superintendents’ Council will make the final determination whether thecharter school has the capacity and intent to meet all requirements of an LEA. Theapplication process for a Charter School will be the same as any other LEA wishing to be amember of the SELPA. These requirements include:• Policies and procedures that assure compliance with all federal laws related tospecial education.• Actual enrollment and agreement with SELPA eligibility criteria for identifiedspecial education students.• Meet the terms of the agreement regarding Identification, Referral, andPlacement• Meet the terms of the agreement regarding Procedural Safeguards• Meet the terms of the agreement regarding Regionalized Services• Meet the terms of the agreement regarding Hospitals, Licensed Children’sInstitutions and Juvenile Court/Community Schools• Meet the terms of the agreement regarding Costs of Programs and Services,including transportation• Meet the terms of the agreement regarding excess costs of RegionalizedServices

Once deemed an LEA, the Charter School will be responsible for and entitled to thefollowing as required of any LEA in the SELPA:• Participate in governance of the SELPA.• Participate in and receive regionalized services in the same manner as otherdistricts within the SELPA.• Receive State and Federal funding for special education in accordance with theSELPA resource allocation plan.• Be responsible for all costs incurred in the provision of special educationservices. These costs may include, but are not limited to, instruction,transportation, nonpublic school/agency placements, inter-intra SELPAplacements, due process proceedings, complaints, and attorney fees.• Document that all State and Federal special education funds apportioned to thecharter school are used for the sole purpose of providing special educationinstruction and/or services to identified students with disabilities. Such funds shallbe used to supplement and not supplant other sources of Federal, State, andlocal funds apportioned to charter schools.PARTICIPATION IN THE SELPA GOVERNANCE STRUCTURE BY A LEA CHARTERSCHOOLA LEA charter school may choose to participate directly on the Superintendents’ Councilor designate a member district as its representative. If there is more than one charterschool LEA located in the SELPA, and they have not designated a member district astheir representative, the charter schools must elect one representative from theirnumber to serve on the Superintendents’ Council and policy committee.• The Superintendents’ Council is responsible for generating and/or revising theLocal Plan and for establishing those administrative policies as may be requiredto ensure successful operation of the Local Plan. Input into the Plan is providedthrough the Community Advisory Committee, general educators, andadministrators.• Policy needs are brought to the attention of the SELPA Director and presented tothe policy committee for review. Policies are formulated and proceed through theapproval procedures. The policy committee has representation from each LEA.• Policies shall be kept current and reviewed annually. All policies of the Madera-Mariposa SELPA shall conform to the provisions of the California AdministrativeCode, Title V; the Education Code and specific authorization and directives of theCalifornia State Legislature and the California State Board of Education as theyrelate to the Madera-Mariposa SELPA Local Plan for Special Education.Adopted 11/07/07Second Reading 11/07/07First Reading 08/29/07

• Policy needs are brought to the attention of the SELPA Director and presented tothe policy committee for review. Policies are formulated and proceed through theapproval procedures. The policy committee has representation from each LEA.• Policies shall be kept current and reviewed annually. All policies of the Madera-Mariposa SELPA shall conform to the provisions of the California AdministrativeCode, Title V; the Education Code and specific authorization and directives of theCalifornia State Legislature and the California State Board of Education as theyrelate to the Madera-Mariposa SELPA Local Plan for Special Education.First Reading 08/29/07

POLICY 1018LITERACYThe Madera-Mariposa SELPA ensures that all special education students willparticipate in the California Reading Initiative. In order to accomplish this goal,special education instructional personnel will participate in staff developmentopportunities in literacy, including:1. Current literacy and learning research, including:• Phoneme awareness• Systematic, explicit phonics instruction• Spelling and vocabulary instruction• Diagnosis of reading deficiencies and planning/delivery ofappropriate reading instruction based on assessment• Research on how children learn to read and how proficient readersread• The structure of the English language• Relationships between reading, writing, and spelling• Improving reading comprehension and ensuring students readgood books independently2. State adopted standards and frameworks, including• Increased participation of students with disabilities in statewidestudent assessments• Research based instructional strategies for teaching reading to awide range of diverse learners in order to increase the numbers ofchildren with disabilities who are literate.Special education students will also have full access to all required corecurriculums, including state adopted core curriculum textbooks andsupplementary textbooks as well as instructional materials and support to attainhigher standards in reading.Adopted 11/07/07Second Reading 11/07/07First Reading 08/29/07

PROGRAM TRANSFERPOLICY 2001PROGRAM TRANSFER VERSUS SELPAREORGANIZATION OF PROGRAMDefinition:A Program Transfer occurs when a local educational agency (LEA) relinquishesadministrative responsibility to another local educational agency within the SELPA.Process:The sending LEA will meet and confer with the receiving LEA and the SELPA Director.Following the meeting, the LEA requesting the transfer of program will provide writtennotification to the SELPA Director for submission to the Superintendents’ Council. Ifthere is a financial impact, the SELPA Director will present the request to the SELPASuperintendents’ Council Oversight Committee. If there is not a financial impact to theSELPA, the request will go to the Superintendents’ Council for discussion at the requestof either LEA the transfer may be placed on the agenda for discussion. The transferrequest will be placed on the Superintendents’ Council agenda for approval no laterthan the January meeting.Program Transfer Timelines:Pursuant to EC Section 56207(b), a program transfer may take effect no earlier than thefirst day of the second fiscal year beginning after the date on which the sending orreceiving agency has informed the other agency and SELPA Director. The programtransfer may take effect earlier (on the first day of the first fiscal year following that date)if the transfer is unanimously approved by the SELPA Superintendents’ Council.1. Written Preliminary Notification from the interested LEA will be received by theSELPA Director no later than June 30 th of two years prior to implementation.a) Written preliminary notification shall include whether or not the interested LEAis seeking to be a regional service provider, with a statement of assurance thatthe districts affected by the program transfer(s) are interested in having the newprovider serve their students.2. Written Response of Financial and Programmatic Impact by September 1 st of theyear prior to implementation – SELPA Director to notify interested LEA andSuperintendents’ Council of any possible financial and programmatic impacts.3. Written Final Notification by October 1 st of the year prior to implementation.Interested LEA(s) to notify SELPA Director in writing as to whether or not theLEA is formally requesting the program transfer(s).

Development of PlanBy Oct. 31 st of the year prior to implementation, SELPA Director to have prepared aplan for the transfer, which will address, at a minimum, all of the following:1. Pupil needs2. The availability of the full continuum of services to affected pupils3. The functional continuation of the current individualized education programs of allaffected pupils4. The provision of services in the least restrictive environment from which affectedpupils can benefit5. The maintenance of all appropriate support services6. The assurance that there will be compliance with all federal and state laws andregulations and special education local plan area policies7. The means through which parents and staff were represented in the planningprocessPlacement on Superintendents’ Council agenda no later than January of the year priorto implementation the SELPA Director will have placed on the agenda of the SELPASuperintendents’ Council meeting the transfer request for action.Reference: EC 156205 (1)(b)Revised 11/07/07Second Reading 11/07/07First Reading 08/29/07Revised: 02/27/06Adopted: 03/21/90

POLICY 2002ACCESS TO SPECIAL NEEDS POOLLEAs may access the special needs pool for non mental health residential placements,non public school/ non public agency (NPS/NPA) and extraordinary needs at a 70%-30% split of expenses, with the pool paying the higher percentage. The pool will havean annual amount of $150,000. Total expenditures for the prior year will be replaced.Should the expenditures exceed the annual amount, the Council will proratereimbursements. Each year a historical recap will be brought forward to the SELPASuperintendents’ Council.Multiple Year SettlementsFor the first year, requests submitted to the SELPA for a multi-year settlement needs toinclude all supporting documentation, in order to determine if the request meets criteria.Each year thereafter, request forms including expenditure backup, must be submitted tothe Council for approval, original supporting documentation will be on file.PROCEDURETwo forms, Exhibit 2002.1 and 2002.2, for accessing the special needs pool will beprovided to the LEAs for completion. The SELPA Director will monitor requests forconcurrence with criteria. The Special Needs Pool balance will be reported to theCouncil at each regularly scheduled meeting. The SELPA Superintendents’ Council willtake action at the last scheduled meeting of fiscal year, after being provided with ananalysis of requests and recommendations by the SELPA Director.Criteria for ReimbursementReimbursement requests will be monitored and approved by the Superintendents’Council based on the following approval criteria:Including, but not limited to:• NPA Costs – districts must contact SELPA Director to review options beforesigning a contract for services with a NPA• NPS Costs - districts must contact SELPA Director to review options beforesigning a contract for services with a NPSo Remedies Associated with Due Process/Mediationo District must include settlement agreement signed by all parties.o Remedies must have a termination date included in the settlementagreement (ongoing remedies are not allowed)• Independent Evaluations (IEE) – districts must follow SELPA Policy 2006• Opposing Attorney Fees - As a result of Due Process/Mediation

Criteria (uses) not approved:• Educational/Instructional Program Costs (Ex. OT, Vision, PT, Health Aide)• One on One or Extra Program instructional aides (IA’s)• LEA's Attorney Costs• Curriculum, School furniture/equipment• Mental Health Residential PlacementsPayment of Approved RequestsLEAs will submit a final invoice of total expenditures for each approved request, to theSELPA. LEAs will have a maximum of 1 fiscal year from the date of approval to submitfinal invoices.Approval 03/21/12Second Reading 03/21/12First Reading 08/25/10Approval 11/18/09Second Reading 11/18/09First Reading Waived Adopted 11/17/04Adopted 03/25/09 Second Reading 11/17/04Second Reading 03/25/09 First Reading 09/15/04First Reading 01/21/09 Revised 02/27/02Revised 11/07/07 Adopted 09/20/00Second Reading 11/07/07 Second Reading 05/10/00First Reading 08/29/07 First Reading 03/15/00

Exhibit 2002.0.1SPECIAL NEEDS POOL REQUESTDISTRICT:STUDENT:DATE OF REQUEST:DATE OF BIRTH:PRIMARY HANDICAPPING CONDITION:NPS/NPA NAME:NPS/NPA TOTAL DAILY RATE:DATE FIRST PLACED:ANTICIPATED DISMISSAL DATE:NPS/NPA REGULAR SCHOOL YEAR BEGINNING:NPS/NPA EXTENDED YEAR BEGINNING DATE:ENDING DATE:ENDING DATE:BRIEF CASE NARRATIVE: (INCLUDE EXTRAORDINARY DISTRICT ISSUES)Placement Resulted From Due Process or Mediation Decision: Yes ___No ___

Exhibit 2002.0.2Madera / Mariposa SELPARequest for Reimbursement from Special Needs PoolLEADateRequested byFiscal YearExpenditures for Reimbursement:DescriptionSELPA Use Only:Amount 70% of Amount Date Approved Date Paid$ $Totals$ $This form due to SELPA, Attn: Claudia Norris by __________.Please submit invoice with actual costs to SELPA by __________.03/21/12

POLICY 2003GROWTH DISTRIBUTION UNDERAB 602 FUNDING MODELReimbursement and increased funding of $15,000 per year for the special needs poolwill be the initial consideration of the new growth dollars. Remaining growth allocationwill be distributed pursuant to the AB602 funding model.Revised 11/07/07Second Reading 11/07/07First Reading 08/29/07Adopted 09/20/00Second Reading 09/20/00First Reading 05/10/00

POLICY 2004GUIDELINES FORSPECIAL CIRCUMSTANCE INSTRUCTIONAL ASSISTANTSEvery school district within the SELPA is required to provide a full continuum ofplacement options for students with identified disabilities who are receiving specialeducation services. The Individuals with Disabilities Education Act (IDEA 2004) andCalifornia laws and regulations describe a continuum of alternative placements such asinstruction in general classes, special classes, special schools, home instruction, andinstruction in hospitals and institutions. Both federal and state laws also containprovisions to ensure that children with disabilities are educated to the maximum extentpossible with children who are not disabled, and that children are removed from thegeneral education environment only when the nature and severity of the disability issuch that education in the general classroom cannot be satisfactorily achieved with theuse of related services.By law, services to students with special needs must be delivered in “the least restrictiveenvironment.” When an IEP team is considering special circumstance support for astudent, all aspects of the student’s program must be considered with the intent ofmaximizing student independence. The teacher(s) is responsible for the design and theimplementation of the student’s program.First and foremost, the goal for any special needs student is to encourage, promote,and maximize independence. If not carefully monitored, special circumstanceassistance can easily and unintentionally foster dependence. A student’s totaleducational program must be carefully evaluated to determine where support isindicated. Natural support and existing staff support should be used whenever possibleto promote the least restrictive environment.California’s related services as defined in Education Code and Title V regulations arereferred to as Designated Instruction and Services or DIS.Federal Code 300.320(B)(4)(ii) related services to be involved in and make progress inthe general education curriculum.Adopted 11/07/07Second Reading 11/07/07First Reading 08/29/07

GUIDELINES FOR SPECIAL CIRCUMSTANCEINSTRUCTIONAL ASSISTANTSADMINISTRATIVE REGULATION 2004.1Whenever an IEP Team for a student with special needs is considering specialcircumstance support, the following factors need to be considered:1. IEP teams need to identify the need for related services based on appropriatedocumentation and assessment. If the IEP team recommends such services, thefollowing should be considered and included in the IEP document.a. The related service is necessary for the child to benefit from his/herspecial education program;b. The program modifications or supports for school personnel are necessaryto assist the child, andc. The related service will assist the child to:1) advance appropriately toward the annual goals2) be involved in and progress in the general curriculum;3) participate in extracurricular and other nonacademic activities;and,4) be educated and participate with other disabled and non-disabledchildrend. Special circumstance instructional assistant categories1) Autistic2) Educational/Behavioral/Safety Issues3) Inclusion/Mainstreaming4) Health Issues/Medically Fragile5) Low Incidence Needs (scriber, notetaker, etc.)6) Parental Request Based on IEP Team Recommendations fromcriteria listed above (1-5).1. The IEP team shall address the means for evaluating whether the related serviceassists the child to advance toward goals.2. The IEP needs to address the duration of services. A short-term instructionalassistant could be used for an evaluation period not to exceed eight weeks.3. The IEP must also include a statement of the anticipated frequency, duration,and location for the services and modifications4. When additional personnel support is required, the IEP team needs toperiodically review the effectiveness of this additional support. A systematic,written plan needs to address how additional personnel support will be monitored

and what interventions will be implemented in order to address the need foradditional personnel.5. For services requiring additional personnel support as a result of a child’sbehavioral difficulties, the child’s IEP needs to include appropriate goals andobjectives. In addition, a behavioral support plan should be developed, or ifappropriate, a Behavioral Intervention Plan should be developed in accordancewith Sections 3001 and 3052 in Title V, California Code of Regulations. Thebehavior plan needs to include a provision describing how and when support,including personnel, will be utilized to implement the plan, and when the plan willbe reviewed and modified.6. When determining a need for additional personnel support due to an instructionalneed, the IEP team must utilize appropriate assessment information to supportthis recommendation. The written plan must be developed by a general andor/special education teacher specifying how the additional personnel will beutilized to support the teacher in implementing the student’s goals and objectivesand what attempts will be made to transition to other available classroomresources and supports.7. When a need for additional support is due to medical need, a specialized healthcare plan will need to be developed, (refer LEA Guidelines and Procedures forMeeting the Specialized Physical Health Care Needs of Pupils).8. The IEP team is responsible for determining the need for specializedtransportation. Any additional personnel needed to support special educationstudents receiving specialized transportation shall be documented and, ifrecommended by the IEP team, reviewed to determine if the increase in supportpersonnel can be modified, based on appropriate alternatives available.9. When a special circumstance assistant is being considered for a specific student,a district representative shall be required to participate in the decision makingprocess of the IEP meeting.11. The IEP needs to include the following:a. Goals and objectives that address the skills that need to be taught inorder for the special circumstance assistance to be faded.b. The schedule for review of the student’s program which leads to thefading of the special circumstance support. It is recommended that theteam meet every 3 to 6 months, except for the cases of extreme medicalneeds.c. In the case of health and safety emergencies, administrators can approveimmediate additional support.12. Children require different levels of support and a plan must be developed andmonitored in accordance with the individual’s unique needs and the particular

setting. It is important for the plan to specify the conditions and circumstancesunder which special circumstance assistance appears appropriate for a student.Regardless of the circumstances, which may indicate the need for specialcircumstance support, it is imperative for every plan to address:a. The skills that need to be taught in order for special circumstanceassistance to be faded.b. A regularly scheduled review of student program which will lead to thefading of special circumstance support.c. Definition of the role of special circumstance assistance as well as therole of the teacher and any other adult interfacing with the child in theeducational setting.d. School teams need to be creative in using natural supports to themaximum extent possible. Team members and IEP implementers need toshare ideas, expertise and resources in planning as well in carrying outthe needed support/assistance for the identified special needs students.Funding Options for Special Circumstance Instructional Assistants1. Fiscal Responsibilitya. Districts of residence will be fiscally responsible for special circumstanceIAs. Districts will have two methods of payment for the IAs:2. Guiding Principles1) District of residence hires the IA.2) District of residence contracts with MCOE to provide the IApursuant to MCOE’s personnel policies and practices related toemployment of IAs/and MCOE invoices at least quarterly.a. The instructional assistants’ number of hours of employment shall bebased on the child’s schedule and requirements of his/her IEP.b. The employer of the assistants shall be responsible for any legalcompliance/due process, liability, supervision, and other employee relatedrequirements (e.g. vaccines, fingerprinting, evaluation, etc.).c. Training of the assistants will be a shared responsibility of the district andMCOE based on the students’ needs.3. Fiscal ResponsibilityThe fiscal responsibility for special circumstance instructional assistants is withthe student’s district of residence. There are two methods to fulfill this fiscalresponsibility.

a. District provides the assistant.b. District contracts with MCOE to provide the assistant and MCOEinvoices the district twice a year.1) When MCOE employs the special circumstance instructionalassistant for a specific student, districts are invoiced at leastquarterly.2) Final decision regarding the type of employee will rest withMCOE. MCOE will be as flexible as possible when providingspecial circumstance assistants within the framework ofEducation Code and Fair Labor practices. Consideration will begiven to options such as temporary assistance, two three-hourassistants, use of an outside vendor/agency, and finally apermanent position.3) The following MCOE Personnel Criteria will be used to determinewhether the special circumstance assistant should be a temporaryor permanent position (§EC 44920, §EC 45103, §EC 44919, § EC44920).c. “Substitute employee”: Replacing a classified employee who isabsent: maximum 195 working days, including holidays, sick leave,vacation, and other leaves of absence.d. “Substitute employee”: Filling a vacancy while recruiting; not toexceed 60 calendar days.e. “Short-term employee”: Employed to provide a service, upon thecompletion of which, the service will not be extended or needed on acontinuing basis. MCOE limit 60 working days.f. Professional expert employed on a temporary basis for a specificproject.Reference: 34 CFR Part 300, Appendix C34 CFR §300.551 (b) (1)Revised 11/07/07Second Reading 11/07/07First Reading 08/29/07Adopted 03/17/04Second Reading 03/17/04First Reading 11/19/03

Exhibit 2004.1.1STUDENT NEEDS RUBRICStudent DOB Disability Date Reviewed Current ProgramTeacherReview Team Members01234Health Personal Care Behavior Instruction InclusionGeneral good health with no chronic health Independently maintains all "age Regularly follows adult directions without Can participate fully in whole class Participate in some core curriculum withproblems. No specialized health care appropriate" personal care needs. frequent prompts or close supervision. instruction. Can stay on task during general education class and requires few ifprocedure or medications taken. No time Handles change and redirection. Usually typical instructional activity. Follows any modifications. Can find class-room.required for health care. gets along with peers and adults. Seeks direction with few to no additional prompts. Usually socializes well with peers.out friends.□ □ □ □ □Mild or occasional health concerns. May Needs reminders to complete "age Usually follow adult direction but Participates in group at instructional level Participates with modification and accomhaveallergies or other chronic health appropriate" personal care activities occasionally requires additional but may require additional prompts, cue or modation. May need occasional reminders ofconditions. No specialized health care (washing hands, going to the bathroom, encouragement and prompts to follow reinforcement. Requires reminders to room and schedule. Requires someprocedure. Probably no medications wiping mouth, tying shoes, buttons, directions. May have occasional difficulty stay on task, follow directions and to additional support to finish work and betaken. Less than 10 minutes time. zippers, etc.). with peers or adults. Does not always remain engaged in learning. responsible. Needs some social cueing toseek out friends but usually plays if invited.interact with peers appropriately.□ □ □ □ □May have chronic health issues (ear infec- Requires reminders and occasional Consistently has problems following Cannot always participate in whole class Participates with visual supervision andtions, ADD, diabetes, bee sting allergy). additional prompts or limited hands on directions and behaving appropriately. instruction. May require smaller groups occasional verbal prompts. May requireMay have generic specialized health care assistance for washing hands, going to Can be managed adequately with a and frequent verbal prompts, cues or visual shadowing to get to class. Regularlyprocedure and take medication. May the bathroom, wiping mouth , tying shoes, classroom behavior management plan, reinforcement. On task about 50% of the needs modification and accommodations torequire limited health care intervention for buttons, zippers, etc. May have but would be unable to experience much time with support. May require more benefit from class activities. Socializationabout 10-15 minutes daily (diet, blood sugar, occasional toileting accidents. success without plan implementation. verbal prompts to follow directions. may require adult facilitation.etc.).□ □ □ □ □May have a very specialized health care Requires frequent physical prompts and Has serious behavior problems almost Difficult to participate in a large group. Participation may require additional staff forprocedure and take medication. May have direct assistance to participate in daily and is likely to be defiant and/or Requires low student staff ratio, close adult direct instructional and behavioral support.limited mobility or physical limitations personal care. Reminders may be prone to physical aggression. Requires proximity and prompts including physical Likely requires direct supervision going torequiring adult assistance (stander, walker, required for appropriate eating procedures a Behavior Intervention Plan (BIP) and assistance to stay on task. Primarily and from class. Always requires modificationsgait trainer or wheelchair). May require and pacing. Some food prep such as bite behavior goals and objectives on the IEP. complies only with 1:1 directions and and accommodations for class work.special food prep or feeding. Requires size pieces may be needed. May require Is likely to require close visual supervision monitoring. Cognitive abilities and skills Requires adult to facilitate social interactionhealth related interventions 15-45 minutes toilet schedule, training, direct help and to implement BIP. likely require modifications not typical for with peers.daily. may still use diapers. class as a whole.□ □ □ □ □Likely has a specialized health care proce- Requires direct assistance with most to all Has serious behavior problems with Cannot participate in a group without Always requires 1:1 staff in close proximity fordure requiring care by an additional specially personal care. Has limited ability to assist potential for injury to self and others. constant 1:1 support. Requires constant issues such as safety, direct instruction,trained employee (G tube, vital signs, in any personal care procedures. Due to Falls under Hughes Bill criteria. Functional verbal and physical prompting to stay on mobility or behavior monitoring. Requirestracheotomy, cauterization, etc.) and/or a weight, and/or safety requires two-person Analysis of behavior has been completed task and follow directions. Regularly 1:1 assistance to go to and from class.combination of health needs. May take lift to changing table or other assistive and the student has a well developed BIP requires specific 1:1 instructional strategies Requires adult to facilitate social interactionmedication. May require positioning or device. Direct 1:1 assistance is required which must be implemented to allow the to benefit from the individualized with peers and remain in close proximity atbracing multiple times daily. Due to weight, 45 or more minutes daily. student to safely attend school. Staff has educational program. Cognitive abilities all times.and/or safety may require a two-person lift been trained in the management of and skills require significant accommoda-Requires health related interventions 45 assaultive behaviors. tion and modification not typical for theminutes daily.class group.□ □ □ □ □Select the number that best describes the student in each rubric category..5 may be added to any whole number if a student seems to fall between two rating areas.Total number from each area: Health P. Care Behavior Instruction Inclusion TOTAL

Exhibit 2004.1.2Step TwoStudent:Teacher:Observational Evaluation to Determine theNeed For Additional SupportSchool:Section I: Please complete the following review of the visual and physical structure of theclassroom, curriculum design, data collection and planning.Date:A. Posted schedule1. The following are included in the posted schedule (attach sample or use schedule form provided):timestudentstaff nameactivityB. Visual schedule for individual student1. Student uses the following as a symbol for individualized schedule:objecticonphotographwordspicture2. Room is arranged with a visual structure to show where tasks are completed per schedule:area for work one-to-onearea for independent workarea for group workarea for leisure3. Level of student following the schedule:independentindirect verbal or gesture promptdirect verbal prompt4. Student use of the schedule:student carries schedulestudent goes to schedule boardphysical promptnot at allstudent uses transition cardsteacher carries and shows the scheduleC. Curriculum and instructional planning1. Check the curricular domains included in student program:communicationself carefunctional academicsmotor skills/mobility2. Describe reinforces and reinforcement used.pre-vocational/vocationalbehaviorother

Step Two3. List equipment or devices used that may relate to the need for assistance (may be low incidence equipment orassistive technology device).4. List age appropriate materials and activities.5. Describe an activity with the student and attach a sample task analysis form used for an activity with thestudent (see appendix for samples).D. Current data systems and collection of data1. Is there current data on each objective (attach samples or use samples provided) that include:datetask2. How often are data collected?dailyweekly3. How are data summarized (attach sample)?graphedwritten narrativeE. On-going classroom team meetings1. How often are team meetings held? (formal or informal meetings)dailyweekly2. Attach team meeting format (see appendix for samples).level of independence (prompting needed)biweeklymonthlyotherbi-weeklymonthlyF. Classroom Environment (Physical Structure)● Diagram the arrangement of furniture and small group instruction areas and equipment that provides thephysical structure of the classroom (see attached example).G. Describe the school day, assistance now provided, and the assistance needed.H. Check what other types of assistance are needed.training for instructional staffconsultation for the classroomin classroom coachingother

Exhibit 2004.1.3Step ThreeSpecial Eduacation UnitSummary of Evaluation for Additional SupportStudent: District: DOB:Age: Male Female Grade Level: School:Parent/Guardian: Home Phone: ( )Check the areas of intensive need that might indicate additional instructional assistant support.Health/Personal Care Behavior Instruction Inclusion/MainstreamSpecialized health plan Behavior plan in place Discrete Trial/ABA Direct adult instructionG-tube Physically aggressive weekly Physical prompts 80%+ Physical support/positioningMedications Non-compliant in class Verbal prompts 80%+ Safety supervision 80%+Suctioning Non-compliant on campus Structured teaching Close visual supervision 80%+Food preparation Runs away weekly Assistive technology Other:Diaper changing ADHD medicated PECsFeeding-full support Mental health client Signing 80%+Seizures weekly Other: Other:Lifting/TransferOther:Describe EACH area of intensive need marked above and indicate if there is an IEP goal/objective written to addressthe area. Use additional paper if needed to describe all the needs.Describe interventions used to support referred student in EACH of the areas marked above. Provide data thatdocuments the prior success or failure of interventions and complete attached. School day description and assistanceneeded.

POLICY 2005GUIDELINES FOR SURROGATESA local educational agency shall make reasonable efforts to appoint a surrogate parentfor a child within 30 days after there is a determination the child needs a surrogate, inaccordance with one or more of the following circumstances:1. The child is adjudicated a dependent or ward of the court pursuant to Section300, 601, or 602 of the Welfare and Institutions Code upon referral of the child tothe local educational agency for special education and related services, or if thechild already has a valid individualized education program.a. Under IDEA 2004, in the case of a child who is a ward of the state, asurrogate parent may alternatively be appointed by the judge overseeingthe child’s care, provided the surrogate meets the requirements of Seciont615(b)(2). [615(b)(2)(A)(i).b. In the case of an unaccompanied homeless youth as defined in Section725(6) of the McKinney-Vento Homeless Act (42 U.S.C. 11434a(6)), thelocal education agency (LEA) shall appoint a surrogate in accordance withSection 615(b)(2). [615(b)(2)(A)(ii).2. The court has specifically limited the right of the parent or guardian to makeeducational decisions for the child, and3. The child has no responsible adult to represent him or her pursuant to Section361 or 726 of the Welfare and Institutions Code or Section 56055 of theEducation Code.4. No parent for the child can be identified.5. The local educational agency, after reasonable efforts, cannot discover thelocation of a parent.6. When appointing a surrogate parent, the local educational agency shall, as a firstpreference, select a relative caretaker, foster parent, or court-appointed specialadvocate, if any of these individuals exists and is willing and able to serve. Ifnone of these individuals is willing or able to act as a surrogate parent, the localeducational agency shall select the surrogate parent of its choice. If the child ismoved from the home of the relative caretaker or foster parent who has beenappointed as a surrogate parent, the local educational agency shall appointanother surrogate parent if a new appointment is necessary to ensure adequaterepresentation of the child.7. For the purposes of this section, the surrogate parent shall serve as the child’sparent and shall have the rights relative to the child’s education that a parent has

under Title 20 (commencing with Section 1400) of the United States Code andpursuant to Part 300 of Title 34 (commencing with Section 300.1) of the Code ofFederal Regulations. The surrogate parent may represent the child in mattersrelating to special education and related services, including the identification,assessment, instructional planning and development, educational placement,reviewing and revising the individualized education program, and in all othermatters relating to the provision of a free appropriate public education for thechild. Notwithstanding any other provision of law, this representation shallinclude the provision of written consent to the individualized education programincluding non-emergency medical services, mental health treatment services,and occupational or physical therapy services pursuant to this chapter.8. The surrogate parent is required to meet with the child at least one time. He orshe may also meet with the child on additional occasions, attend the child’sindividualized education program meetings, review the child’s educationalrecords, consult with persons involved in the child’s education, and sign anyconsent relating to individualized education program purposes.9. As far as practical, a surrogate parent should be culturally sensitive to his or herassigned child.10. The surrogate parent shall comply with federal and state law pertaining to theconfidentiality of student records and information and shall use discretion in thenecessary sharing of the information with appropriate persons for the purpose offurthering the interests of the child.11. The surrogate parent may resign from his or her appointment only after he or shegives notice to the local educational agency.12. The local educational agency shall terminate the appointment of a surrogateparent if (a) the person is not properly performing the duties of a surrogate parentor (b) the person has an interest that conflicts with interests of the child entrustedto his or her care.13. Individuals who would have a conflict of interest in representing the child, asspecified under federal regulations, may not be appointed as a surrogate parent.“An individual who would have a conflict of interest,” for purposes of this section,means a person having any interests that might restrict or bias his or her ability toadvocate for all of the services required to ensure that the child has a freeappropriate public education.14. Except for individuals who have a conflict of interest in representing the child,and notwithstanding any other law or regulation, individuals who may serve assurrogate parents include, but are not limited to, foster care providers, retiredteachers, social workers, and probation officers who are not employees of theState Department of Education, the local educational agency, or any otheragency that is involved in the education or care of the child. (a) A public agencyauthorized to appoint a surrogate parent under this section may select a personwho is an employee of a nonpublic agency that only provides non-educational

care for the child and who meets the other standards of this section. (b) A personwho otherwise qualifies to be a surrogate parent under this section is not anemployee of the local educational agency solely because he or she is paid by thelocal educational agency to serve as a surrogate parent.15. The surrogate parent may represent the child until (a) the child is no longer inneed of special education, (b) the minor reaches 18 years of age, unless thechild chooses not to make educational decisions for himself or herself, or isdeemed by a court to be incompetent, (c) another responsible adult is appointedto make educational decisions for the minor, or (d) the right of the parent orguardian to make educational decisions for the minor is fully restored.16. The surrogate parent and the local educational agency appointing the surrogateparent shall be held harmless by the State of California when acting in theirofficial capacity except for acts or omissions that are found to have been wanton,reckless, or malicious.PROCEDUREThe SELPA will provide annual training to surrogate parents.A list of current surrogate parents will be maintained by the SELPA and distributed tothe LEAs.Each LEA will maintain lists of surrogate parents assigned to students. Upon transfer toanother district, the LEA will provide surrogate information to the receiving district.LEA to document surrogate’s meeting with student prior to IEP and that no apparentconflict of interest currently exists.Reference: GC 7579.5, CCR 52175Revised 11/07/07Second Reading 11/07/07First Reading 08/29/07Adopted: 01/21/04Second Reading 01/21/04First Reading 11/19/03

POLICY 2006INDEPENDENT EDUCATIONAL EVALUATIONSDEFINITIONS“Independent educational evaluation” means an evaluation conducted by a qualifiedexaminer who is not employed by the responsible local educational agency.“Public expense” means that the District pays the full cost of the evaluation orevaluation components or ensures that the evaluation components are otherwiseprovided at no cost to the parent.PROCEDURESThe following procedures will apply to all requests for independent educationalevaluations:1. REQUEST FOR DISTRICT/SELPA EVALUATION:Parents of students suspected of having a disability requiring specialeducation services, and parents of students receiving special educationservices may request at any time that the Madera-Mariposa Local PlanArea, (“District/SELPA”), complete an evaluation or reevaluation of theirchild. The District/SELPA will respond to such requests by initiating thespecial education evaluation process, or if an evaluation is not warranted,parents will receive written notice of refusal to evaluate and be informed ofthe procedural safeguards available to parents and students.All requests for an independent educational evaluation will be processedin accordance with the District/SELPA’s independent educationalevaluation Policy, Procedures, and Criteria.2. PARENT DISAGREEMENT:Parents may only seek an independent educational evaluation at publicexpense when they are in disagreement with an evaluation completed bythe District/SELPA in accordance with District/SELPA’s IndependentEducational Evaluation Policy.3. THREE-YEAR REEVALUATIONS:A. In order to determine the extent of the three year reevaluation, theDistrict/SELPA will review existing evaluation data, which mayinclude, but not be limited to:

a. assessments and information provided by the parents of achild;b. current classroom-based assessments and observations;andc. observations by teachers and related services providers.B. Based upon a review of existing evaluation data, the District/SELPAmay conclude that no additional testing is required in order todetermine, among other things:a. whether the child has a particular category of disability orwhether the child continues to have such a disability;b. the present levels of performance and educational needs ofthe child;c. whether the child continues to need special education andrelated services; and/ord. whether any additions or modifications to the specialeducation and related services are needed to enable thechild to meet the measurable annual goals set out in the IEPof the child and to participate, as appropriate, in the generalcurriculum.C. Parents may request that the District /SELPA complete anassessment to determine whether the child continues to be a childwith a disability or to determine the child's educational needs. TheDistrict/SELPA is not required to conduct the assessment unlessrequested to do so by the child’s parents. If the parents requestadditional assessment, the District/SELPA will either complete therequested assessment or initiate a due process complaint todemonstrate why additional assessment is not required.D. If parents do not request additional assessment, they may not seekan independent educational evaluation at public expense until theDistrict/SELPA has an opportunity to complete an assessmentrequested by the parents.4. PARENT NOTIFICATION OF INTENT:Parents are required to notify the special education programoperators/LEA that they are seeking an independent educationalevaluation at public expense prior to obtaining an independent educationalevaluation. However, if parents obtain an independent educationalevaluation at their expense and seek reimbursement from theDistrict/SELPA, the parents will not be reimbursed the cost of theevaluation if the District/SELPA demonstrates through a due processhearing that the evaluation completed by the District/SELPA wasappropriate or that the parents’ evaluation did not meet the District/SELPA

criteria. If the independent evaluation obtained by the parents meets theDistrict/SELPA criteria, it will be considered in making educationaldecisions about the child.5. PARENT REQUEST FOR PAYMENT OF COMPLETED INDEPENDENTEDUCATIONAL EVALUATION:When parents are requesting reimbursement for an independenteducational evaluation that has already been completed, the administratorof special education programs must be notified. Parents will be provided acopy of the District/SELPA policy and procedures and criteria includingcriteria for independent educational evaluations. A determination will bemade as to whether the District/SELPA will initiate a due process hearingto establish the appropriateness of its evaluation or proceed withconsideration of the District/SELPA’s obligation for reimbursement of theindependent evaluation. The District/SELPA’s evaluation andindependent educational evaluation may be reviewed with the parents toidentify areas of disagreement. The parents must request reimbursementfor the independent educational evaluation within one calendar year of thedate the results of the District/SELPA’s evaluation were shared with theparents.6. DISTRICT/SELPA CRITERIA OBLIGATION:If the District/SELPA proceeds with consideration of the reimbursementrequest for the independent educational evaluation, the District/SELPAcriteria for the location of the evaluator(s), the minimum qualifications ofthe evaluator(s), the costs of the evaluation, and the use of approvedassessment instruments must be met.7. NOTIFICATION TO THE APPROPRIATE SPECIAL EDUCATIONDIRECTOR AND SELPA DIRECTOR:If parents request an independent educational evaluation at publicexpense, the appropriate Special Education Program Administrator and/orSELPA Director must be notified. The District/SELPA’s evaluation may bereviewed with the parents to identify any areas of disagreement. Parentswill be provided a copy of the policy, and procedures, including criteria forindependent educational evaluations at public expense. Followingdiscussion with the parents, and subject to parental consent, theDistrict/SELPA may elect to complete an additional or supplementalevaluation.8. LIMITATION OF ONE INDEPENDENT EDUCATIONAL EVALUATIONPER YEAR:Parents may only request one publicly funded independent evaluation foreach evaluation completed by the District/SELPA. The parents must

equest the independent evaluation within one calendar year of the datethe results of the District/SELPA’s evaluation were shared with theparents.9. COMPLETION OF THE DISTRICT/SELPA’S ASSESSMENT PLAN:If the District/SELPA agrees to fund an independent evaluation, anevaluation plan will be developed which specifies those areas to beevaluated and who will complete each assessment. The assessment(s)completed will comply with the District/SELPA criteria for the location ofthe evaluator(s), the minimum qualifications of evaluator(s), the costs ofthe evaluation, and use of approved assessment instruments as set out inthe Criteria for Independent Educational Evaluation. As part of anindependent educational evaluation, the examiner will follow guidelines forthe District/SELPA evaluations, which include but are not limited to,observing the student in an appropriate setting. The independentexaminer will be required to participate in the IEP team meeting bytelephone or in person at which time the evaluation will be discussed. Thecost of the independent examiner's participation in the IEP team meetingwill be borne by the District/SELPA as part of the cost of the independenteducational evaluation at public expense, the total not to exceed the costcriteria articulated in Criteria for Independent Educational Evaluation.Parents will be required to sign consent to reevaluate and executeappropriate releases to exchange information between the independenteducational evaluator(s) and the District/SELPA as a condition of theDistrict/SELPA’s agreement to pay the provider for an independentevaluation.10. RELEASE OF ASSESSMENT INFORMATION AND RESULTS:As part of the contracted evaluation, independent evaluators must agreeto release their assessment information, including protocols, and resultsdirectly to the District/SELPA prior to the receipt of payment for services.The results of the independent evaluations will be considered in makingeducational decisions as required by the Individual with DisabilitiesEducation Act and Section 504 of the Rehabilitation Act of 1973.11. EVALUATIONS BY DIAGNOSTIC CENTERS:If the District/SELPA requests an evaluation from a Diagnostic Center andthe Diagnostic Center completes the evaluation, both the District/SELPAand the parents will receive a copy of the evaluation.Adopted 11/07/07Second Reading 11/07/07First Reading 08/29/07

INDEPENDENT EDUCATIONALEVALUATIONSADMINISTRATIVE REGULATION 2006.1CRITERIALocation Limitations for EvaluatorsEvaluators must be located within the counties of Madera, Merced, Mariposa of Fresno.Evaluators outside of this area will be approved only on an exceptional basis if the parents candemonstrate the necessity of using personnel outside the specified area. Costs in excess of theevaluation cost, (i.e., transportation, lodging, food, etc.), are not covered in the cost of theindependent evaluation.Minimum Qualifications for EvaluatorsAll assessments must be conducted by persons qualified to perform the assessment asdetermined by the District/SELPA (California Education Code Section 56322). All assessmentsmust be conducted in accordance with all requirements of Federal and State law, including butnot limited to, observing the student in the appropriate setting (California Education CodeSection 56327), and conducting evaluations in accordance with California Education CodeSection 56320. Evaluators with credentials other than those listed below will not be approvedunless the parent can demonstrate the appropriateness of using an evaluator meeting otherqualifications.Type of AssessmentAcademic AchievementAdaptive BehaviorAssistive TechnologyAuditory AcuityQualificationsCertificated Special Education Teacher,Licensed Educational Psychologist,Licensed Clinical Psychologist, orSchool Psychologist (Credentialed)Licensed Educational Psychologist,Certificated Special Education Teacher,Licensed Clinical Psychologist, orSchool Psychologist (Credentialed)Certified or Licensed Speech/LanguagePathologist,Certificated Special Education Teacher, orLicensed or Certified Occupational TherapistLicensed or Certificated Audiologist

Auditory Perception (Central Auditory Processing)CognitiveMotorSpeech and LanguageLicensed or Certificated AudiologistLicensed Educational Psychologist,School Psychologist (Credentialed), orLicensed Clinical PsychologistLicensed Physical Therapist,Registered Occupational Therapist, orAdaptive Physical Education SpecialistCertified or Licensed Speech/Language PathologistSocial / Emotional / BehavioralFunctional VisionVision-Motor IntegrationSchool Psychologist (credentialed),Clinical Psychologist,Licensed Psychiatrist,Certified Teacher of the Visually Impaired(Master’s Degree)School Psychologist (Credentialed),Licensed Educational Psychologist, orRegistered Occupational TherapistCost Limitations for EvaluationsAn independent educational evaluation will be limited to a total cost of $2,000. Singledisciplinary evaluations will be limited to the following schedule of costs:Limited to:Academic Achievement $ 400Adaptive Behavior $ 300Assistive Technology $ 500Auditory Acuity $ 250Auditory Perception (CAP) $ 250Cognitive $ 600Health $ 250Neurological $ 900Motor $ 350Visual Motor Integration $ 400Speech and Language $ 700Social/Emotional/Behavioral $ 800Functional Vision $ 350Transition/Vocational $ 250Functional Behavior Assessment/ $2000Behavior Intervention Plan (BIP)Costs above this maximum amount will not be approved unless the parent can demonstrate thatsuch costs reflect a reasonable and customary rate for such evaluative services, or if theparents can demonstrate that there are other factors that make the extraordinary costsnecessary.

When the parents' insurance will cover all or part of the costs of the independent evaluation, theDistrict/SELPA will request that the parents voluntarily have their insurance pay the independentevaluation costs covered by their insurance. However, parents will not be asked to haveinsurance cover independent evaluation costs if such action would result in a financial cost tothe parents not reimbursed by the District/SELPA, including but not limited to the following:1. A decrease in available lifetime coverage or any other benefit under aninsurance policy;2. An increase in premiums or the discontinuance of the policy; or3. An out-of-pocket expense such as payment of a deductible amount incurredin filing a claim.Independent evaluators must agree to release their assessment information, includingprotocols, and results to the District/SELPA prior to receipt of payment for services. The resultsof the independent evaluation will be considered in the diagnosis, program decisions, andplacement of the student with disabilities as required by the Individuals with DisabilitiesEducation Act and Section 504 of the Rehabilitation Act of 1973.Conflict of InterestIn order to ensure the appropriateness of an IEE and its recommendations, the District/SELPAmay, in its discretion, not fund an IEE by an evaluator who provides ongoing service(s) or issought to provide service(s) to the student for whom the IEE is requested. Likewise, theDistrict/SELPA may, in its discretion, not fund services through the evaluator whose IEE theDistrict/SELPA agrees to fund.Adopted 11/07/07Second Reading 11/07/07First Reading 08/29/07

POLICY 2007REGIONAL PROGRAMSEducation Code, Part 30 Article 1. Chapter 3. 56200 mandates thatdistrict/counties write a local plan that specifies how special education servicesare to be delivered within the local plan area. Given that the District ofResidence has the legal responsibility for providing an appropriate placement forstudents who qualify for services under the IDEA, the Madera-Mariposa SELPAoffers regional programs to meet the needs of student’s program descriptionoutlining the processes and procedures for their general operation andoverarching procedures are designated to apply to all regional programs in theSELPA.Severely Disabled ProgramsIn programs operated by the Madera County Office of Education, staff shallreview and evaluate available program alternatives which are appropriate to theneeds of the student in question. Madera County Office of Education staff shallschedule the IEP in consultation with the current site principal/designee and thedistrict of residence to determine appropriate placement for a student.Non Severe Programs - (District LEA operated)If a District/LEA accepts a student into non-severe regional SDC due to thespecial education placement requirement needs of the student and because thedistrict of residence has a lack of local programs available, (Raymond toCoarsegold or Alview-Dairyland to Chowchilla Elementary) it is with theunderstanding of the SELPA an inter-district transfer is not required. Should thereceiving District/LEA require or request an inter-district transfer, all applicableeducation code sections to inter-district transfers apply.Conditions related to expulsionIf a district superintendent has a special education student(s) enrolled in his/herspecial education class, and that student(s) can no longer attend school becausethe student has exhibited conduct for which the student is normally expelled, thesuperintendent shall negotiate with a neighboring superintendent to accept thestudent(s) into his/her special education class.

Mechanism for mediation of individual Student TransferThe SELPA Administrator will attempt to arrange an agreement between thedistricts.In the event that a mutually agreeable arrangement cannot be worked out, arecommendation for a location change (stating the district into which thestudent(s) should be transferred) will be presented to the Superintendents’Council for final resolution. The district of residence administration designeeshall be in attendance at IEP’s for the purpose of changing locations of specialeducation students program from one district to another.Responsibilities related to DisciplineProgram Operators responsible for the supervision of a regional program shall beidentified in writing by the host site principal as a principal designee to assist withdisciplinary procedures. Education Code Section 48911(h).Should a suspension occur, the host site Principal or superintendent shallcomplete all forms and copy all suspension forms to the district of residence andregional program operations per each occurrence.Should expulsion from school of a special education student become necessary,the district of residence shall be the party responsible for proceedings inconsulting with host site.Parent refusal of IEP team recommendationShould parent(s) protest a change to an alternate program, having agreed byterms of the IEP, the district of residence shall be responsible for complaintand/or due process.IEPThe IEP of the student recommended for placement in a regional program shalldescribe the conditions of the placement (i.e. behavioral goals, length of schoolday, behavioral plan and needed supports) in order for the receiving site toappropriately implement the students program.Regional Program Offerings with specific program descriptionsBI/EDVIDHHSDEtc.Adopted 11/07/07Second Reading 11/07/07First Reading 08/29/07

Exhibit 2007.0.1PRINCIPAL DESIGNEE FORMSchool: ________________________Phone: _______________________Principal InformationName: ____________________________Phone: __________________________Other Administrator(s) (Approved for suspension)Name: __________________________Title: ______________________Phone: ________________________Approved Designee for SuspensionName: __________________________Title: ______________________Phone: ________________________Name: __________________________Title: ______________________Phone: _________________________*Approved is used here to denote those individuals who have been given this authorityin a written and signed statement by the principal that is updated annually and kept onfile at the school and SELPA office. Designated individuals should have a copy of thisstatement available to them as needed. (Education Code 48911[h]).KEEP COMPLETED FORM ON FILE AT SCHOOL SITE AND SEND ONE COPY TOTHE SELPA OFFICE.______________________ _________ ___________________ ________Principal Date Designee Date

POLICY 2008SCREENING AND ASSESSMENTIn compliance with the State Guidelines regarding screening and assessment, specialeducation staff within the Madera-Mariposa SELPA will screen entire classes whenappropriate.“Pursuant to subparagraph (E) of paragraph (1) of subsection (a) of Section 1414of Title 20 of the United States Code, the screening of a pupil by a teacher orspecialist to determine appropriate instructional strategies for curriculumimplementation shall not be considered to be an assessment for eligibility forspecial education and related services.”Prior to screening a student in a classroom, the teacher or specialist should obtainparental permission. However, a formal assessment plan is not requiredAll other forms of diagnostic evaluations will follow appropriate informed consent andIEP procedures. Structured observations are considered part of the assessmentprocess and will follow appropriate informed consent procedures.Reference: 20 U.S.C Sec. 1414Revised 11/07/07Second Reading 11/07/07First Reading 08/29/07Adopted 11/15/00Second Reading 11/15/00First Reading 05/10/00

POLICY 2009RELEASE OF RECORDS TO LAW ENFORCEMENT FOR ASPECIAL EDUCATION STUDENTThe Madera-Mariposa SELPA complies with 20 U.S.C. 1415(k)(9)(B) which requiresschool site administration to provide law enforcement, copies of special educationdocuments and discipline records when reporting a crime involving a special educationstudent, with parent approval as required by FERPA. This SELPA defines specialeducation documents as the student’s current IEP and disciplinary records.Reference: 20 U.S.C. 1415(k)(9)(B), 1415 (6) (a-b)Revised 11/07/07Second Reading 11/07/07First Reading 08/29/07Adopted 01/21/04Second Reading 01/21/04First Reading 11/19/03

POLICY 2010POSITIVE BEHAVIORAL INTERVENTIONThe purpose of this policy is to ensure that all Madera – Mariposa SELPA specialeducation students will receive educational behavioral interventions that are proactive,effective, respectful, and positive with a focus on teaching appropriate behaviors.Behavior interventions will respect the students’ dignity and should result in positivechange in behavior. Special Education programs and services shall provide appropriatepositive procedures for all students and shall not include interventions, which areexcluded under Title 5 Amended Sections 3001. When serious behavior problemsoccur which cannot be addressed through these strategies, formal positive behaviorintervention plans will be developed.When a serious behavior has been identified which significantly interferes with the goalsand objectives of the individual’s IEP and which cannot be addressed through routinebehavior strategies, a behavior intervention plan shall be developed. This will providethe systematic implementation of procedures that result in positive changes in theindividual’s behavior.The application of restrictive behavioral interventions in emergency situations, which arenot a part of a behavior intervention plan, may only be used to control unpredictable,spontaneous behavior which poses clear and present danger of serious physical harmto the student or others, or serious property damage, and which cannot be immediatelyprevented by a response less restrictive than the temporary application of a techniqueused to contain the behavior.Emergency interventions may not include locked seclusion, employment of a device ormaterial or objects which simultaneously immobilize all four extremities, except thattechniques such as prone containment may be used as an emergency intervention bystaff trained in such procedures or an amount of force that exceeds that which isreasonable and necessary under the circumstances. The techniques the SELPArecognizes to use in emergencies are authorized by Crisis Prevention Institute Training(CPI) and other training’s approved by the State Department of Education.When an emergency intervention is used, a behavioral emergency report shall bewritten. The designated responsible administrator shall schedule the appropriateassessments and/or meetings as needed within 2 days of the incident and asdesignated under Title 5, Sections 3001.The SELPA Director shall develop procedures for implementing this policy. Included inthe procedures will be standards for Behavior Intervention Case Manager (BICM) andBICM trainers.Reference: EC 5 CCR 3052 (j) Second Reading 11/07/07First Reading 08/29/07Revised 11/07/07 Adopted 06/15/94

POSITIVE BEHAVIORALINTERVENTIONADMINISTRATIVE REGULATION 2010.1The purpose of this policy is to ensure that all Madera – Mariposa SELPA specialeducation students will receive educational behavioral interventions that are proactive,effective, respectful, and positive with a focus on teaching appropriate behaviors.Behavior interventions will respect the students’ dignity and should result in positivechange in behavior. Special Education programs and services shall provide appropriatepositive procedures for all students and shall not include interventions, which areexcluded under Title 5 Amended Sections 3001. When serious behavior problemsoccur which cannot be addressed through these strategies, formal positive behaviorintervention plans will be developed.Student behaviors which are considered to be serious and problematic include thosewhich are self-injurious, assaultive, or cause property damage which could lead tosuspension or expulsion pursuant to Education Code Section 48900(f) and other severebehavior problems that are pervasive and maladaptive and require a systematic andfrequent application of behavioral interventions. A serious behavior problem existswhen a student demonstrates:• Continuous, serious behaviors which have caused injury to self and/or others; or• Repeated destruction of property (clothing, furniture, equipment, structures); or• Continuous disruptions to instruction that are due to serious behaviors that arepervasive and maladaptive; and• when other behavior intervention strategies have not been effective; and• behavior(s) that interferes with implementation of the goals and objectives of thestudent’s IEP.When a serious behavior has been identified which significantly interferes with the goalsand objectives of the individual’s IEP and which cannot be addressed through routinebehavior strategies, a behavior intervention plan shall be developed. This will providethe systematic implementation of procedures that result in positive changes in theindividual’s behavior.The process includes:• Designating a behavior intervention case manager who is a certificated staffmember with training in behavior analysis and positive behavior interventionsappointed by the LEA and shall be a member of the IEP team;• Conducting a functional analysis assessment which must be completed by orunder the supervision of a person who has documented training in behavioranalysis emphasizing positive behavior interventions and includes directobservation, interviews with significant other, and review of available date;

• Developing a behavior intervention plan, a written document based on thefunctional analysis assessment, which shall become part of the student’s IEP;• Evaluating behavior intervention plan effectiveness by a review of the plan to beconducted by the teacher, the behavioral intervention case manager, parent orcare provider, and others appropriate at scheduled intervals determined by theIEP team. [CCR, Title 5, Section 3001 (f, 1-8)]The application of restrictive behavioral interventions in emergency situations, which arenot a part of a behavior intervention plan, may only be used to control unpredictable,spontaneous behavior which poses clear and present danger of serious physical harmto the student or others, or serious property damage, and which cannot be immediatelyprevented by a response less restrictive than the temporary application of a techniqueused to contain the behavior.Emergency interventions may not include locked seclusion, employment of a device ormaterial or objects which simultaneously immobilize all four extremities, except thattechniques such as prone containment may be used as an emergency intervention bystaff trained in such procedures or an amount of force that exceeds that which isreasonable and necessary under the circumstances. The techniques the SELPArecognizes to use in emergencies are authorized by Crisis Prevention Institute Training(CPI) and other training’s approved by the State Department of Education.When an emergency intervention is used, a behavioral emergency report shall bewritten. The designated responsible administrator shall schedule the appropriateassessments and/or meetings as needed within 2 days of the incident and asdesignated under Title 5, Sections 3001.The SELPA Director shall develop procedures for implementing this policy. Included inthe procedures will be standards for Behavior Intervention Case Manager (BICM) andBICM trainers (See 2012.2)SELPA will provide positive behavioral analysis, interventions, and emergency responsetraining for case managers and staff involved in implementing behavioral interventionplans.POSITIVE BEHAVIOR INTERVENTIONIt is not the intent of this policy to eliminate a SELPA/District’s ability to utilizeappropriate disciplinary action for special education pupils demonstrating anti-socialbehavior, which is not a function of the student’s disability.An IEP Team shall facilitate and supervise all assessment, intervention, and evaluationactivities related to a student’s behavior intervention plan.The IEP Team shall include a properly trained behavioral intervention case manager,which may be a school psychologist or credentialed teacher with documented training in

ehavioral analysis including positive interventions. Also included will be a qualifiedperson knowledgeable of the student’s health needs.Behavioral intervention plans shall be monitored under the supervision of a behavioralintervention case manager or other certificated staff with documented behavioralanalysis training.Behavioral plans shall be designed to substitute acceptable for specified maladaptivebehaviors, be based on functional analysis assessment, and be used in a systematicmanner.Emergency interventions shall not substitute for behavioral intervention plans.Intrusive behavioral interventions that cause pain or trauma, use locked seclusion,simultaneously immobilize all four extremities, release noxious, toxic or unpleasantsprays, deny sleep, food, water, shelter, bedding, physical comfort, or bathroomfacilities use verbal abuse, ridicule, humiliation, denial of adequate supervision ordeprivation of his or her senses are all prohibited from use under any circumstances.Through a functional analysis, the BICM shall gather information by direct observation,interviews and records that shall include:• A systematic observation of the occurrence of the target behavior• Observation of antecedent events• Observation of the consequences of the behavior• Ecological analysis of the environment• Review of health and medical records• Review of the history of the behaviorA functional analysis assessment report shall include the following:• A description of the nature and severity of the target behaviors in objective andmeasurable terms• Baseline data and an analysis of the antecedents and consequences thatmaintain the target behavior including a functional analysis of the behavioracross all appropriate settings in which it occurs• A description of the rate of alternative behaviors, their antecedents andconsequences• A proposed behavioral intervention which includes all necessary and appropriatecomponents required for the IEP team to properly consider the development ofan educational planAn IEP team meeting shall be held upon completion of the functional analysisassessment and report in order to develop a behavioral intervention plan, which shallbecome a part of the individual educational plan (IEP).

POSITIVE BEHAVIORAL INTERVENTION POLICYBased on the functional analysis assessment report, the IEP may include positiveprogramming for behavioral interventions including:• Teaching alternative behaviors• Teaching adaptive behaviors• Manipulating consequences in order to have alternative behaviors producedesired outcomes• Other positive interventions designed to eliminate or replace inappropriatebehaviorsEvaluation of the effectiveness of the plan shall be determined as follows:• Baseline measure of the frequency, duration and intensity of target behaviors• Measures of frequency, duration, and intensity at scheduled intervals during theimplementation of the plan• Documentation of the implementation of the plan in appropriate detailAfter implementing the plan analyzing the outcome data, changes may be made in theIEP. Any changes shall be the result of additional functional analysis assessmentreports.Emergency interventions may be used only to control unpredictable, spontaneousbehavior, which poses clear and present danger of physical harm to the individual orothers or serious property damage which cannot be immediately prevented by a lessrestrictive response.Emergency interventions shall not be employed for longer than necessary. Whenbehaviors cannot be contained by emergency interventions, the student shall bereferred to the school site administrator an/or a law enforcement agency. Emergencyinterventions may not include:• Locked seclusion• Any device, materials or objects to immobilize all four extremities• Force which exceeds that which is reasonable under the circumstancesA report of any emergency interventions shall be made to the SELPA Director, parent,and residential care provider of the student within one school day of the occurrence.The Behavioral Emergency Report shall include:• The name and age of the student• The setting and location of the incident• The names of staff involved• A description of the incident and the emergency intervention used and whetherthere is a current behavioral intervention plan for the student• Description of any injuries sustained by the student, other students, the staff, orothers

The emergency reports will be forwarded to and reviewed by a responsibleadministrator. If a reported student does not have a current behavioral intervention plan,the administrator will initiate an IEP meeting within two days to determine if a functionalanalysis assessment is required. In the case of a student who has a plan, theadministrator will initiate an IEP meeting to review the current plan and any appropriateassessments.The SELPA will report annually to the California Department of Education and theAdvisory Commission on Special Education the number of Emergency Reportscompleted.Reference: EC 5 CCR 3052, Education Code 56523Revised 11/07/07Second Reading 11/07/07First Reading 08/29/07Revised 02/27/06Adopted 06/15/94

SELPA CERTIFICATIONBEHAVIOR INTERVENTION CASEMANAGER (BICM)Administrative Regulation 2010.2The purpose of this procedure is to establish the basic SELPA requirements tocertify individuals as a BICM.It will be the responsibility of the SELPA Director to determine which individualsmeet criteria to be SELPA certified as a Behavior Intervention Case Manager(BICM). In making the determination as to which individuals meet criteria to beSELPA certified as a BICM the SELPA Director will consult with the BehaviorIntervention Case Manager(s) who provided the annual BICM training.The Madera-Mariposa SELPA has established the following procedures and criteriato identify and certify a Behavior Intervention Case Manager, BICM.1. Annually, the SELPA Director will request names of prospective or previouslyqualified Behavior Intervention Case Managers from superintendents or theirdesignee.2. Annually the SELPA Director will schedule a two day Initial BICM Trainingand a one day Recertification BICM Training for Behavior Intervention CaseManagers. To qualify to attend the one day Recertification BICM Training anindividual will hold a school psychologist credential or previously beencertified a BICM or have previously completed training which addressed eachof the topics covered in the SELPA approved BICM training. The two dayInitial BICM Training is for all other individuals who do not qualify for the oneday Recertification BICM training.3. The annual Recertification BICM Training and the Initial BICM Training willcover the following topics:a. Child developmentb. Positive behavioral interventionsc. Individual differences and environmental effects on behaviord. Acceptable emergency procedures & positive behavioral interventionse. Individual differences, impact of medical, emotional and psycho-socialfactors on behavior (e.g., seizure disorders, genetic conditions, braininjury, and/or disrupted home life)f. Emergency procedures are allowed by lawg. Concepts and components of behavioral intervention regulations(functional analysis, positive programming, observational methods, etc.)h. Good practices in developing and implementing a behavioral interventionplan

4. Individuals having satisfactorily completed the Initial BICM Training or theRecertification BICM Training will be certified by the SELPA to serve as aBehavior Intervention Case Manager for two school years following the dateof the BICM training. Certificates will be provided to each individual certifiedby the SELPA to serve as a Behavior Intervention Case Manager. Annuallythe SELPA will distribute to each superintendent and program administratoran updated list of individuals certified by the SELPA to serve as a BehaviorIntervention Case Manager.Reference: Education Code 56520, 56523, 56525Revised 11/07/07Second Reading 11/07/07First Reading 08/29/07Adopted 05/17/06Revised 04/13/06Adopted 06/15/94

Note: Numbers correspond with the scoring system on the BSP Quality Evaluation GuideCONFIDENTIAL – DO NOT DISPLAYBEHAVIOR SUPPORT PLANFor Behavior Interfering with Student’s Learning or the Learning of His/Her PeersThis BSP attaches to: IEP date: 504 plan date: Team meeting date:Student Name Today’s Date Next Review Date1. The behavior impeding learning is (describe what it looks like)2. It impedes learning because3. The need for a Behavior Support Plan early stage intervention moderate serious extreme4. Frequency or intensity or duration of behaviorreported by and/or observed byPREVENTIONPART I: ENVIRONMENTAL FACTORS AND NECESSARY CHANGESObservation &AnalysisWhat are the predictors for the behavior? (Situations in which the behavior is likely to occur: people, time, place, subject, etc.)5.What supports the student using the problem behavior? (What is missing in the environment/curriculum or what is in theenvironment curriculum that needs changing?)6.InterventionRemove student’s need to use the problem behavior-----What environmental changes, structure and supports are needed to remove the student’s need to use this behavior?(Changes in Time/Space/Materials/Interactions to remove likelihood of behavior)7.Who will establish? Who will monitor? Frequency?ALTERNATIVESPART II: FUNCTIONAL FACTORS AND NEW BEHAVIORS TO TEACH AND SUPPORTObservation &AnalysisTeam believes the behavior occurs because: (Function of behavior in terms of getting, protest, or avoiding something)8.Accept a replacement behavior that meets same need-----What team believes the student should do INSTEAD of the problem behavior? (How should the student escape/protest/avoid or get his/her need met in an acceptable way?)9.InterventionWhat teaching Strategies/Necessary Curriculum/Materials are needed? (List successive teaching steps for student to learnreplacement behavior/s)10.Who will establish? Who will monitor? Frequency?InterventionWhat are reinforcement procedures to use for establishing, maintaining, and generalizing the replacement behavior(s)?11.Selection of reinforcer based on:reinforcer for using replacement behavior reinforcer for general increase in positive behaviorsBy whom? Frequency?Diana Browning Wright, Behavior/Discipline Trainings1For the electronic expandable version, see www.pent.ca.gov/forms.htm.

EFFECTIVE REACTIONPART III: REACTIVE STRATEGIESWhat strategies will be employed if the problem behavior occurs again?12.1. Prompt student to switch to the replacement behavior2. Describe how staff should handle the problem behavior if it occurs again3. Positive discussion with student after behavior endsOptional:4. Any necessary further classroom or school consequencesPersonnel?OUTCOMEPART IV: BEHAVIORAL GOALSBehavioral Goal(s)13.Required: Functionally Equivalent Replacement Behavior (FERB) GoalBywhenWhoWill do Xbehavior(line 9)For thepurpose ofy(line 8)Instead of Zbehavior(line 1)For thepurpose ofy(line 8)Under whatconditionalconditionsAt whatlevel ofproficiencyAsmeasuredby whomand howOption 1: Increase General Positive or Decrease Problem BehaviorBy whenWhoWill do what, orwill NOT do whatAt what level ofproficiencyUnder whatconditionsMeasured bywhom and howOption 2: Increase General Positive or Decrease Problem BehaviorBy whenWhoWill do what, orwill NOT do whatAt what level ofproficiencyUnder whatconditionsMeasured bywhom and howThe above behavioral goal(s) are to: Increase use of replacement behavior and may also include:Reduce frequency of problem behavior Develop new general skills that remove student’s need to use the problem behaviorObservation and Analysis Conclusion:Are curriculum accommodations or modifications also necessary? Where described: ............................. yes noAre environmental supports/changes necessary? ................................................................................................ yes noIs reinforcement of replacement behavior alone enough (no new teaching is necessary)? .................................. yes noAre both teaching of new replacement behavior AND reinforcement needed? .................................................... yes noThis BSP to be coordinated with other agency’s service plans? ........................................................................... yes noPerson responsible for contact between agencies ................................................................................... yes noDiana Browning Wright, Behavior/Discipline Trainings2For the electronic expandable version, see www.pent.ca.gov/forms.htm.

COMMUNICATIONPART V: COMMUNICATION PROVISIONSManner and content of communication14.1. Who?2. Under whatcondition(s)(Contingent?Continuous?)3.DeliveryManner4. ExpectedFrequency?5. Content?6. How will this betwo-waycommunication1. Who?2. Under whatcondition(s)(Contingent?Continuous?)3.DeliveryManner4. ExpectedFrequency?5. Content?6. How will this betwo-waycommunication1. Who?2. Under whatcondition(s)(Contingent?Continuous?)3.DeliveryManner4. ExpectedFrequency?5. Content?6. How will this betwo-waycommunicationPARTICIPATIONPART VI: PARTICIPANTS IN PLAN DEVELOPMENTStudentParent/GuardianParent/GuardianEducator and TitleEducator and TitleEducator and TitleAdministratorOtherOtherDiana Browning Wright, Behavior/Discipline Trainings3For the electronic expandable version, see www.pent.ca.gov/forms.htm.

Exhibit 2010.1.2Madera-Mariposa SELPABehavior Emergency InterventionReport (BEIR) ChecklistStudent: _______________________________School: ___________________________________Date of Incident: _______________Date of Birth: ____________________Procedures Date Initial1. Parent and/or residential care provider, if appropriate, notified withinone school day that an emergency intervention was used.2. Behavior Emergency Intervention Report completed immediately.3. Behavior Emergency Intervention Report immediately forwarded toand reviewed by responsible administrator.4a. No Current Behavior Intervention Plan (BIP):• Within 2 days, the designated responsible administrator scheduledan IEP meeting to review Behavior Emergency Intervention Reportand determine if a functional assessment and/or interim plan wasrequired.4b. Student has a Behavior Intervention Plan (BIP): Student wasreferred to IEP team to review and determine if incident constitutes aneed to modify the plan. Scheduled IEP within 2 days.• If incident involved a previously unseen serious behavior problem.OR• If previously designed intervention was not effective.5. Copy of BEIR placed in student’s file.6. Copy of BEIR to BICM. File in an individual student file. Do notmaintain a file of “BERs”7. Copy of (1) BEIR Checklist and (2) BER Form forwarded to districtoffice.8. Maintain Behavior Emergency Intervention Report data to be providedto SELPA, upon requestNote: Three Page FormPage 1-ChecklistPage 2-3 - Behavior Emergency Intervention Report

Exhibit 2010.1.3MADERA-MARIPOSA SELPABEHAVIOR EMERGENCY INTERVENTION REPORT(This form has 2 pages)STUDENT:_______________________TEACHER: ___________________INCIDENT DATE:_________________INCIDENT TIME:________________PURPOSE: Behavior Emergency InterventionReport Special IncidentHARM or INJURY TO SelfOther PropertyDescribe:EMERGENCY INTERVENTION Escort # of people ____ Containment # of people ________Wall/FloorCPI Describe: ___________________ Debrief/Develop Alternate PlanDuration:Time Started: ________Time Ended: ________NOTIFICATION (Must be within 24 hours) Parent: _______________________________ BICM _______________________________Other: _______________________________Administrator: ________________________________ (District of Residence)Administrator: ________________________________ (School of Attendance)Program Administrator: _________________________Date: ____________ Time: ________Date: ____________ Time: ________Date: ____________ Time: ________Date: ____________ Time: ________Date: ____________ Time: ________Date: ____________ Time: ________ By phone e-mail in person By phone e-mail in person By phone e-mail in person By phone e-mail in person By phone e-mail in person By phone e-mail in personLOCATIONGROUPINGTASK/ACTIVITY Classroom Cafeteria Playground Bus Setting: __________________ 1:1 w/Staff 1:1 w/Peer Sm. Group (3—5) Large Group (6+) Alone No Staff Present Other: _________________________ Structured Unstructured Transition Specific Task: ____________________________________________ANTECEDENTS (What preceded the behavior? What did staff/peer say or do before the behavior occurred)REACTIVE DE-ESCALATION STRATEGIES USED__ Redirection__ Planned Ignoring__ Alternate Activity __ Restructure Routine__ Take a break__ Time Away__ Interest Boosting__ Structured Choice__ Response Cost__ Positive Regard__ Change Environment__ Counsel__ Distraction__ Relaxation__ Active ListeningPROMPTS: Gesture #_______ Verbal # _______ Physical #_______

SPECIFIC STUDENT BEHAVIOR: (Describe all behaviors observed before, during and after the incident)FUNCTION OF BEHAVIOR Communicate Desire Organic CauseFOLLOW-UP ACTION PLAN Tangible Benefits Sensory Avoidance/Escape AttentionWhy do you think this behavior occurred?Meet with: Parent Administrator Program Administrator BICM Psychologist IEP Team Other:IEP Scheduled:Date ______________Time ______________(Must be scheduled within2 days.)RECOMMENDATIONS:DISCIPLINARY ACTION Suspension for ____ days Dates of Suspension: _________________ through ____________________ Law Enforcement Notified: _____________________________________SIGNATURES:STAFF : _____________________________ Title: _________________________________ Date: _____________________________ADMINISTRATOR : ______________________ Title: _________________________________ Date: _____________________________WITNESS : _____________________________ Title: _________________________________ Date: _____________________________OTHER : _____________________________ Title: _________________________________ Date: _____________________________Copies: Confidential File Parent BICM Central Office Other: ______________________________________

Exhibit 2010.1.4Madera-Mariposa SELPABehavior EmergencyIntervention (BEIR) ReportData CollectionSchool District: ______________________________________________________School Year: 2006-07 2007-08 2008-09 2009-10Please maintain this information for annual reporting to the SELPA.Date ofBEIRStudent School Grade Level

Functional Behavioral Assessment Summary**A FBA Analysis is required for suspension past 10 days in a school year or when expulsion is being considered.(An additional Manifestation Determination is required if expulsion is considered)Student Date(s) of FBA data collection Date of IncidentStaff conducting FBABehavior resulting in this FBADate of Manifestation Determination IEP meeting (required in addition to FBA if expulsion is considered):Behavior frequency: behavior has occurred only one time behavior has occurred on multiple occasionsThis behavior has now resulted in: Cumulative suspension beyond 10 days in a school yearRecommendation for an involuntary placement changeRecommendation for expulsionAnalysis of this behavior was based on:interviews withobservations onatreview of records, consisting of: health discipline other:Hypothesis of function of this behavior for this student:Analysis of why this is the probable function:If unclear, state why:FBA has identified these current predictors or triggers for this behavior and these consequences the student achieves bythis behavior (antecedent and consequence analysis):Estimate of need for behavior support: extreme serious moderate needing attention, early stage interventionmonitoring of behavior needed only; no formal behavior plan is deemed necessary at this time.Rationale:What factors in the school environment and/or instruction and/or interactions should be altered to prevent the behavior fromreoccurring (which will be presented to IEP team for inclusion in a behavior plan)Any other recommended additional services to address the problem behavior?goals & objectives to be developed in IEP (next IEP meeting date and goal area(s))in-school services for inclusion in IEP: (next IEP date and recommended services)off-campus agencies and providers to be specified in IEP (next IEP meeting date and agencies/providers to discuss)services for parents to be discussed at IEP meeting ((recommended services) and IEP meeting date)other service or communication provision (recommended services or communication exchanges and IEP meeting date)Recommended environments where a behavior plan should be used (to be presented to IEP team):1.Results of FBASee IEP date for the Behavior Support Plan which will be developed to address behavior analyzed in this FunctionalBehavioral Assessment. This plan describes what staff will do to support alternative behavior. If this behavior required an FAA(California Education Code for serious behavior: assaultive, self-injurious, severe property damage or other pervasivemaladaptive behavior) and a Positive Behavioral Intervention Plan is recommended, see IEP dated for full data analysisand PBIP or: if no plan is to be developed as established by the IEP team on: (date) , complete the following:If a behavior support plan is NOT to be developed as a result of this assessment, the IEP team’s final rationaleThe IEP team has determined that if a behavior plan is NOT to be developed as a result of this assessment, aformal behavior support plan will be developed if:Problem behavior continues or escalatesDate of IEP in which behavioral goals to monitor future behavior will be (or have been) developed:FBA-Disciplinary Context, Summary Report Diana Browning Wright, with input from Teri Ede, PENT CADRE member, 2006 Exhibit 2010.1.5

POLICY 2011SELPA MANAGER WEB BASED IEP POLICYIt is the policy of Madera-Mariposa SELPA that all districts will complete required IEP’susing SELPA Manager via the internet on Web based IEP forms.The SELPA will be responsible to provide access and updates to the SELPA Managersystem accessed by the districts. The SELPA will provide Help Desk support to users ofthe Web based IEP.Training for IEP users will be provided in a trainer of trainers format, and will beprovided by the SELPA. These trainings will be given at least 2 times a year or morefrequently as needed.Each district except for Alview-Dairyland and Raymond Knowles will provide personnelto fill the role of Input Specialist. The Input Specialist will review the districts IEP’s forapproval. Trainings will be provided to Input Specialist at least 2 times a year or morefrequently as needed.Adopted 11/07/07Second Reading 11/07/07First Reading 08/29/07

SELPA Manager Web BasedIEP ProceduresADMINISTRATIVE REGULATION 2011.1To facilitate the implementation and ongoing use of the web based IEP’s, the followingprocedures have been established:1) Security and the Internet: Both Federal and State law forbids unprotectedstudent information to be transferred using the Internet. Using a Web Basedinterface to complete IEP’s will require the follow security implementations.a. All sites that are connected to the Madera County Office of Education(MCOE) WAN can access the Web Based IEP feature of SELPA Managerbehind the MCOE firewall. All other sites will be required to access theWeb Based IEP feature of SELPA Manager through a Virtual PrivateNetwork (VPN).b. After receiving a signed Security Agreement, Form 2014.1.1 from theLocal Education Agency (LEA) and upon SELPA Director/designeeapproval, the users name will be added to user/password table in SELPAManager and the LEA will be notified.2) Individuals that access the Web Based IEP feature of SELPA Manager beyondthe firewall, may do so through the MCOE VPN. The service is available only ona LEA owned computer. This access will be established with the individualdistrict administrator’s approval and receipt by SELPA of the signed Form2014.1.2 (Access to Web Based IEP’s Using Virtual Private Network SoftwareInstalled on an LEA Owned Computer. The LEA will be billed the annual fee(currently $10.00 per client) to cover the administration costs. MCOE InformationTechnology Services (ITS) will provide the VPN software for the LEA IT staff forinstallation on assigned computers. MCOE ITS will not be responsible for theinstallation of the necessary client software and will be held harmless in the eventof a computer hardware or software failure during the use of this service.3) In-service training and annual calendar: District LEA’s will be responsible fortraining and implementation of the Web Based IEP feature for their district usingand following the established guidelines of the Madera-Mariposa SELPA. TheMadera-Mariposa SELPA will provide professional development and training todesignated district employees including Program Administrators, on an annualbasis to assist in this requirement.a. SELPA will develop training materials and provide yearly in-service fordesignated trainers and Input Specialist from each LEAb. Designated trainers/Program Administrators will be responsible to provideprofessional development and site training with their employees.Designated trainers/Program Administrators to train district staff on Web

Based IEP by accessing the SELPA server and creating an IEP for anexisting student or by creating an IEP for a fictitious student. The“Purpose of Meeting” on page one of the IEP for an existing student muststate “Delete” when an IEP is being created for training purposes. Tomake up a fictitious student the first and last name must be comprised ofnumbers only. No letters are to be used in the fictitious students’ name.All fictitious students and IEPs will be deleted on a weekly basis fromSELPA Manager by SELPA personnel.c. The Madera-Mariposa SELPA will establish an annual calendar oftimelines for SELPA Manager and IEPs by July 1 st of each year. ProgramAdministrators’ will be required to supply correct and timely information insupport of the process.• By the second week of July, all IEP’s dated June 30 th orearlier must be entered and posted to SELPA Manager.During this time no IEP’s held after June 30 th are to beposted to SELPA Manager.• Beginning the third week of July the SELPA office will checkfor errors and submit the June 30 th CASEMIS report. Oncethe report has been submitted and the LEA’s have beennotified, posting of IEP’s completed after June 30 th canresume.• At the beginning of each school year, SELPA will provideupdated training for designated trainers and InputSpecialists. Additional trainings will provided upon request.• By the end of August, Program Administrators will forwardupdated staff information along with any new staff securityagreements who will need access to SELPA Manager andthe Web Based IEP feature. New staff will be added assoon as the signed security agreements and the updated listof staff are received by the SELPA Office.• By the second week of December, all IEP’s dated December1st or earlier must be entered and posted to SELPAManager. During this time no IEP’s held after December 1stare to be posted to SELPA Manager.• Beginning the third week of December, the SELPA office willcheck for errors and submit the December 1 st CASEMISreport. Once the report has been submitted and the LEA’shave been notified, posting of IEP’s completed afterDecember 1 st can resume.4) The Madera-Mariposa SELPA has determined that the following support protocolwill be used for questions or issues that might arise in the use of the Web BasedIEP feature of SELPA Manager.a. District personnel will contact their Program Administrator or designatedtrainer for initial support.

. All Program Administrators’ or designated trainers will contact the Madera-Mariposa SELPA for technical support or administration services. Otherdistrict personnel that contact the Madera-Mariposa SELPA directly will bereferred back to their Program Administrator or designated trainer.c. Any server or connectivity issues will also be directed to the Madera–Mariposa SELPA for resolution by MCOE ITS.d. Any direct contact with MCOE ITS or the software programmer will bereferred to the Madera-Mariposa SELPA Director.5) The Web Based IEP login and password procedures are as follows:Username: Lastname, Firstname (First Letter in Each Name Capitalized)Password: firstname (all lower case letters)Passwords must be changed by each user during first login session.If a user forgets his/her password, he/she should notify the LEA’s InputSpecialist who will notify the Madera-Mariposa SELPA and request thepassword be reset to the firstname (as shown above).6) The options for completing a Web Based IEP are as follows:a. Entirely online (requires live access to Web Based IEP during meeting),print hard copy, sign, make copies and distribute copies. Staff will submitthe IEP according to district procedures; Input Specialist reviews IEP andposts to SELPA Manager.ORb. Complete appropriate parts of the Web Based IEP before meeting, print acopy of the IEP in progress, and complete by hand during the IEPmeeting. Sign hard copy, make copies and distribute. Staff will submit theIEP according to district procedures for the Input Specialist to review.ORc. Print blank IEP, fill out appropriate parts of the Web Based IEP by handprior to the IEP meeting. Complete the IEP by hand during the meeting,sign hard copy, make copies and distribute. Staff will submit the IEPaccording to district procedures for the Input Specialist to review.For options b and c, the Input Specialist either posts (if the completed IEPinformation is transferred to the WEB Based IEP) or enters the datamanually to SELPA Manager.Input Specialist will forward a minimum of the demographics, services andsignature pages to the SELPA office for review.Adopted 11/07/07Second Reading 11/07/07First Reading 08/29/07

Madera-Mariposa SELPAMadera County Superintendent of SchoolsExhibit 2011.1.1Security AgreementCovering Access to SELPA Manager’s Web Based IEPFrom Secured or Unsecured SitesAs a condition of accessing the Madera-Mariposa SELPA Manager and the Web Based IEPprograms from a secured school site location or from an unsecured off school site location utilizingthe Virtual Private Network, I (print name), agree to the following:The employee is bound by the respective District Acceptable Use Policy that he or she signed andagreed to as a term of employment with the district. An employee who has not signed the DistrictAcceptable Use Policy Agreement accepts the terms of the current Madera County Superintendentof Schools Acceptable Use Policy on file with Madera County Office of Education and available forreview at the following link:http://www.maderacoe.k12.ca.us/Services/Information_Technology/tech+polices.htmThe employee agrees he or she will not leave any IEP computer session unattended that is on hisor her computer.The employee will not release or share his or her assigned password and personal information thatmay allow another to gain access to the Madera County Office of Education Virtual PrivateNetwork. In-addition, the employee will not share with others assigned hardware and software,except when assigned to share the same hardware with more than one approved employee.Release of this information or unauthorized sharing of hardware and software will constitute aserious breach in the Madera County Office of Education Virtual Private Network Security.I understand and will abide by this Security Agreement and the applicable Acceptable Use Policy.I further understand that any violation of this Security Agreement or applicable Acceptable UsePolicy is unethical and may constitute a criminal offense. Should I commit any violation, my accessprivileges may be revoked, disciplinary action and/or appropriate legal action may be taken.If any information is stolen or lost as a result of any employee’s negligent or malicious useof the Madera County Office of Education Wide Area Network, the responsible employee willbe subject to prosecution and/or the enforcement procedures available in local, state andfederal laws, including but not limited to the Family Educational Rights and Privacy Act(FERPA), Children’s Internet Protection Act (CIPA), and California Penal Code sections 630-637.9.District/Location:______Employee / Users Signature:Employee / User Printed Name:Date:Adopted 5/17/06

MADERA-MARIPOSA SELPAExhibit 2011.1.2ACCESS TO WEB BASED IEPUsing Virtual Private Network SoftwareInstalled on a District Owned ComputerAs District Superintendent or/designee, I hereby authorize Madera County Office of EducationInformation Technology Services (ITS) to do the following for the employee(s) listed below:1. Provide necessary Virtual Private Network (VPN) client software on COE/District-ownedcomputer(s), and2. Establish an account to provide access to SELPA Manager’s Web-Based IEP Form.Upon approval, this authorization allows the specified staff member(s) access to Web-based IEPForms from an unsecured location which may be separate from a school site or at a school site notpart of the Madera County Office of Education secured network.Access to Web-based IEP Forms requires a signed Madera-Mariposa SELPA Security Agreementbe on file in the SELPA Office for each employee accessing via VPN and whose name is listedbelow. Access requires that all provisions of the Madera-Mariposa SELPA Security Agreementapply.Upon SELPA Director/designee approval, this request/authorization will be forwarded to MaderaCounty Office of Education ITS where an account will be established for each authorized user toprovide access to Web-based IEP forms via VPN.Madera County Office of Education ITS will notify district IT staff to install the VPN software on thedistrict-owned computer(s). It is the responsibility of each district/COE to secure, install andmaintain the VPN software on any and all computers used for such purposes.An administrative fee of $10.00 will be assessed annually per computer by Madera County Office ofEducation for administrative expenses associated with establishing and maintaining an account toprovide access to Web-based IEP forms via the Virtual Private Network.DISTRICT/COEEmployee Name(s)District/COE Computer Identification NumberAttach additional pages if necessary.Signature of Special Education Program Administrator:DateSignature of Superintendent or Designee:Adopted 5/17/06Date

POLICY 2012SUSPENSION/EXPULSIONIt shall be the policy of this LEA that data on suspension and expulsion rates will beprovided in a manner prescribed by the State.Legal References:EDUCATION CODE56205(a)UNITED STATES CODE, TITLE 201412(a)(22)Adopted 5/21/08Second Reading 5/21/08First Reading Waived

SUSPENSION/EXPULSIONADMINISTRATIVE REGULATION 2012.1Definitions:The following administrative regulation reflects the 2004 reauthorization of the federalIndividuals with Disabilities Education Act (IDEA) (20 USC 1400-1482), implementingfederal regulations, effective October 13, 2006 (34 CFR 300.1-300.818, added by 71Fed. Reg. 156), and conforming state legislation (AB 1662, Ch. 653, Statutes of 2005and AB 1663, 2007).A student identified as an individual with disabilities pursuant to the Individuals withDisabilities Education Act (IDEA) is subject to the same grounds for suspension andexpulsion which apply to students without disabilities.Procedures for Students Not Yet Eligible for Special Education Services:A student who has not been officially identified as a student with disabilities pursuant toIDEA and who has engaged in behavior that violated the district’s code of studentconduct may assert any of the protections under IDEA only if the district had knowledgethat the student is disabled before the behavior that precipitated the disciplinary actionoccurred. (20 USC 1415(k)(5); 34 CFR 300.534)The district shall be deemed to have knowledge that the student has a disability if one ofthe following conditions exists: (20 USC 1415(k)(5); 34 CFR 300.534)1. The parent/guardian has expressed concern to district supervisory oradministrative personnel in writing, or to a teacher of the student, that the studentis in need of special education or related services2. The parent/guardian has requested an evaluation of the student for specialeducation pursuant to 34 CFR 300.300-300.3113. The teacher of the student or other district personnel has expressed specificconcerns directly to the district’s director of special education or to othersupervisory district personnel about a pattern of behavior demonstrated by thestudentThe district would be deemed to not have knowledge that a student is disabled if theparent/guardian has not allowed the student to be evaluated for special educationservices or has refused services. In addition, the district would be deemed to not have

knowledge if the district conducted an evaluation pursuant to 34 CFR 300.300.-300.311and determined that the student was not an individual with a disability. When the districtis deemed to not have knowledge of the disability, the student shall be disciplined inaccordance with procedures established for students without disabilities who engage incomparable behavior. (20 USC 1415 (k)(5); 34 CFR 300.534)If a request is made for an evaluation of a student during the time period in which thestudent is subject to disciplinary measures pursuant to 34 CFR 300.530, the evaluationshall be conducted in an expedited manner, Until the evaluation is completed, thestudent shall remain in the educational placement determined by school authorities. (20USC 1415 (k)(5); 34 CFR 300.534)Suspension:The Superintendent or designee may suspend a student with a disability for up to 10consecutive school days for a single incident of misconduct, and for up to 20 schooldays in a school year, as long as the suspension(s) does not constitute a change inplacement pursuant to 34 CFR 300.536. (Education Code 48903; 34 CFR 300.530)The principal or designee shall monitor the number of days, including portions of days,in which a student with a valid individualized education program (IEP) has beensuspended during the school year.The district shall determine, on a case-by-case basis, whether a pattern of removals ofa student from his/her current educational placement for disciplinary reasons constitutesa change of placement. A change of placement shall be deemed to have occurredunder any of the following circumstances: (34 CFR 300.536)1. The removal is for more than 10 consecutive school days2. The student has been subjected to a series of removals that constitute a patternbecause of all of the following:a. The series of removals total more than 10 school days in a school yearb. The student’s behavior is substantially similar to his/her behavior inprevious incidents that resulted in the series of removalsc. Additional factors, such as the length of each removal, the total amount oftime the student has been removed, and the proximity of the removals toone another, indicate a change of placementIf the removal has been determined to be a change of placement as specified in items #

1 – 2 above, the student’s IEP team shall determine the appropriate educationalservices. (34 CFR 300.530)Services During Suspension:Any student suspended for more than 10 school days in the same school year shallcontinue to receive services during the term of the suspension. School personnel, inconsultation with at least one of the student’s teachers, shall determine the extent towhich services are needed as provided in 34 CFR 300.101(a), so as to enable thestudent to continue to participate in the general education curriculum in another settingand to progress toward meeting the goals as set out in his/her IEP. (20 USC1412(a)(1)(A); 34 CFR 300.530)If a student with disabilities is excluded from school bus transportation, the student shallbe provided with an alternative form of transportation at no cost to the student or his/herparent/guardian, provided that transportation is specified in his/her IEP. (EducationCode 48915.5)Interim Alternative Educational Placement Due to Dangerous Behavior:The district may unilaterally place a student with a disability in a appropriate interimalternative educational setting for up to 45 school days, without regard to whether thebehavior is a manifestation of the student’s disability, when the student commits one ofthe following acts while at school, going to or from school, or at a school-relatedfunction: (20 USC 1415 (k)(1)(G); 34 CFR 300.530)1. Carries or possesses a weapon, as defined in 18 USC 9302. Knowingly possesses or uses illegal drugs3. Sells or solicits the sale of a controlled substance as identified in 21 USC 812(c),Schedules I-V4. Inflicts serious bodily injury upon another person as defined in 18 USC 1365The student’s interim alternative educational setting shall be determined by his/her IEPteam. (20 USC 1415(k)(1)(G), 34 CFR 300.531)On the date the decision to take disciplinary action is made, the parents/guardians ofthe student shall be notified of the decision and provided the procedural safeguardsnotice pursuant to 34 CFR 300.504. (20 USC 1415(k)(1)(H); 34 CFR 300.530)A student who has been removed from his/her current placement because of dangerousbehavior shall receive services to the extent necessary to allow him/her to participate inthe general education curriculum and to progress toward meeting the goals set out inhis/her IEP. As appropriate, the student shall also receive a functional behavioral

assessment and behavioral intervention services and modifications that are designed toaddress the behavior violation so that it does not recur. (20 USC 1415(k)(1)(D); 34 CFR300.530)Manifestation Determination:The following procedural safeguards shall apply when a student is suspended for morethan 10 consecutive school days, when a series of removals of a student constitutes apattern, or when a change of placement of a student is contemplated due to a violationof the district’s code of conduct:1. On the date the decision to take disciplinary action is made, theparents/guardians of the student shall be notified of the decision and providedthe procedural safeguards notice pursuant to 34 CFR 300.504. (20 USC1415(k)(1)(H); 34 CFR 300.530)2. Manifestation Determination Review: Immediately if possible, but in no case laterthan 10 school days after the date the decision to take disciplinary action ismade, a manifestation determination review shall be made of the relationshipbetween the student’s disability and the behavior subject to the disciplinaryaction. (20 USC 1415(k)(1)(E); 34 CFR 300.530)At the manifestation determination review, the district, the student’sparent/guardian, and relevant members of the IEP team (as determined by thedistrict and parent/guardian) shall review all relevant information in the student’sfile, including the student’s IEP, and teacher observations, and any relevantinformation provided by the parents/guardians, to determine whether the conductin question was either of the following: (20 USC 1415(k)(1)(E); 34 CFR 300.530)a. Caused by or had a direct and substantial relationship to the student’sdisabilityb. A direct result of the district’s failure to implement the student’s IEP, inwhich case the district shall take immediate steps to remedy thosedeficienciesIf the manifestation review team determines that a condition in either #a or #babove was met, the conduct shall then be determined to be a manifestation ofthe student’s disability. (20 USC 1415(k)(1)(E); 34 CFR 300.530)3. Determination that Behavior is a Manifestation of the Student’s Disability: Whenthe conduct has been determined to be a manifestation of the student’s disability,the IEP team shall conduct a functional behavioral assessment, unless afunctional behavioral assessment had been conducted before the occurrence of

the behavior that resulted in the change of placement, and shall implement abehavioral intervention plan for the student. If a behavior intervention plan hasalready been developed, the IEP team shall review the behavioral interventionplan and modify it as necessary to address the behavior. (20 USC 1415(k)(1)(F);34 CFR 300.530)The student shall be returned to the placement from which he/she was removed,unless the parent/guardian and district agree to a change of placement as part ofthe modification of the behavioral intervention plan. (20 USC 1415(k)(1)(F); 34CFR 300.530)4. Determination that Behavior is Not a Manifestation of the Student’s Disability: Ifthe manifestation determination review team determines that the student’sbehavior was not a manifestation of his/her disability, the student may bedisciplined in accordance with the procedures for students without disabilities.(20 USC 1415(k)(1)(D); 34 CFR 300.530)The student shall receive services to the extent necessary to participate in thegeneral education curriculum in another setting and to allow him/her to progresstoward meeting the goals set out in his/her IEP. As appropriate, the student shallalso receive a functional behavioral assessment and behavioral interventionservices and modifications that are designed to address the behavior violation sothat it does not recur. (20 USC 1415(k)(1)(D); 34 CFR 300.530)Due Process Appeals:If the parent/guardian disagrees with any district decision regarding placement under 34CFR 300.530 (suspension and removal for dangerous circumstances) or 34 CFR300.531 (interim alternative placement), or the manifestation determination under 34CFR 300.530(e), he/she may appeal the decision by requesting a hearing. The districtmay request a hearing if the district believes that maintaining the student’s currentplacement is substantially likely to result in injury to the student or others. In order torequest a hearing, the requesting party shall file a complaint pursuant to 34 CFR300.507 and 300.508(a) and (b). (20 USC 1415(k)(3); 34 CFR 300.532)Whenever a hearing is requested as specified above, the parent/guardian or the districtshall have an opportunity for an expedited due process hearing consistent withrequirements specified in 34 CFR 300.507, 300.508 (a) – (c), and 300.510-300.514.If the student’s parent/guardian or the district has initiated a due process hearing under34 CFR 300.532 as detailed above, the student shall remain in the interim alternativeeducational setting pending the decision of the hearing officer or until the expiration ofthe 45-day time period, whichever occurs first, unless the parent/guardian and districtagree otherwise. (20 USC 1415(k)(4); 34 CFR 300.533)

Readmission:Readmission procedures for student with disabilities shall be the same as those usedfor all students. Upon readmission, an IEP team meeting shall be convened.Suspension of Expulsion:The Governing Board’s criteria for suspending the enforcement of an expulsion ordershall be applied to students with disabilities in the same manner as they are applied toall other students. (Education Code 48917)Report to County Superintendent of Schools:The Superintendent or designee shall report to the County Superintendent when anyspecial education student has been expelled or suspended for more than 10 schooldays. The report shall include the student’s name, last known address, and the reasonfor the action. (Education Code 48203)Adopted 5/21/08Second Reading 5/21/08First Reading Waived

POLICY 2013ACCESS TO HIGH RISK RESIDENTIAL POOLLEAs may access the high risk pool for residential placement needs at a 70%-30% splitof expenses, with the pool paying the higher percentage. The pool will have an annualamount of $150,000. Total expenditures for the prior year will be replaced. Should theexpenditures exceed the annual amount, the Council will prorate reimbursements. Eachyear a historical recap will be brought forward to the SELPA Superintendents’ Council.Multiple Year PlacementsRequests submitted for continued placements will include evidence of quarterly reviews.Current quarterly Mental Health Assessment Report, indicating continued need for theresidential placement, will be reviewed with each request.PROCEDURETwo forms, Exhibit 2013.1 and 2013.2, for accessing the High Risk residential Pool willbe provided to the LEAs for completion. The SELPA Director will monitor requests forconcurrence with criteria. The High Risk Residential Pool balance will be reported tothe Council at each regularly scheduled meeting. The SELPA Superintendents’ Councilwill take action at the last scheduled meeting of fiscal year, after being provided with ananalysis of requests and recommendations by the SELPA Director.Criteria for ReimbursementReimbursement requests will be monitored and approved by the Superintendents’Council based on the following:• Districts must contact the SELPA Director to review options before signing acontract for services with a residential placement facility.• Submission of a copy of the initial student IEP that includes the placement inthe residential setting• Submission of the initial Mental Health Assessment report indicating therecommendation for the residential placement• Copy of contract with residential placement facility signed by all partiesPayment of Approved RequestsLEAs will submit a final invoice of total expenditures for each approved request, to theSELPA. LEAs will have a maximum of 1 fiscal year from the date of approval to submitfinal invoices.Approval 03/21/12Second Reading 03/21/12First Reading Waived

Exhibit 2013.1HIGH RISK RESIDENTIAL POOL REQUESTDISTRICT:STUDENT:DATE OF REQUEST:DATE OF BIRTH:PRIMARY HANDICAPPING CONDITION:SELPA DIRECTOR REVIEWED OPTIONS PRIOR TO PLACEMENT? YES OR NORESIDENTIAL NAME:RESIDENTIAL TOTAL DAILY RATE:DATE FIRST PLACED:ANTICIPATED DISMISSAL DATE:RESIDENTIAL REGULAR SCHOOL YEAR BEGINNING:RESIDENTIAL EXTENDED YEAR BEGINNING DATE:ENDING DATE:ENDING DATE:BRIEF CASE NARRATIVE:

Exhibit 2013.2Madera / Mariposa SELPARequest for Reimbursement from High Risk Residential PoolLEADateRequested byFiscal YearExpenditures for Reimbursement:DescriptionSELPA Use Only:Amount 70% of Amount Date Approved Date Paid$ $Totals$ $03/21/12

MADERA-MARIPOSA SELPABY-LAWSSection 1.Meetings Held: There shall be a minimum of four (4) meetings each year.Section 2.Meeting Agendas: Meetings shall be called by providing an agenda to all LEASoutlining issues to be included in the meeting. The agenda shall be provided atleast five (5) working days before each meeting.Section 3.Brown Act: All meetings of the Superintendents’ Council shall be subject to theBrown Act and shall be open meetings except as permitted by the Brown Act.Section 4.Postings: The agenda shall be posted at each district and county office at least48 hours before the meeting.Section 5.Emergency meetings: Emergency meetings may be held provided the agendais posted at each county and district office at least 25 hours prior to the meeting.Section 6.Action: Action shall not be taken on an issue unless it has been properly placedon the agenda.Section 7.Quorum: Two-thirds of the voting members shall be present to constitute aquorum. A two-thirds of those present that constitutes a quorum will be sufficientvotes to approve any actions.Section 8.Votes: Each county and each district within each county is designated as avoting local educational agency (LEA).Section 9.Minutes: Minutes shall be taken at each meeting and shall be provided to allLEAs at least five (5) working days prior to the meeting.