Study of the Mount Diablo Unified School District - Mt. Diablo Unified ...

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CHAPTER 4: POLICIES, PROCEDURES, AND COMPLIANCEThis chapter provides information on issues related to policies, procedures, and compliancewith the Individuals with Disabilities Education Act (IDEA), California regulations for SpecialEducation, related compliance and programmatic issues, Section 504 of the RehabilitationAct of 1973, and the Americans with Disabilities Act (ADA).By reviewing compliance policies, procedures, and practices, one can gain a snapshot of thedistrict’s willingness and intent to serve students with disabilities within the Mt. DiabloUnified School District (MDUSD) and envision potential financial benefits of compliance withstate and federal regulations. There can be no doubt that the district has been influencedby the Spieler v. Mt. Diablo Unified School District consent decree, which will be discussed indetail later in this document. This chapter should be viewed along with Chapter 2 DistrictOperations and Associated Financial Effectiveness; Chapter 3 Service Delivery Options andContinuum of Services; Chapter 5 Spieler v. Mt. Diablo Unified School District; and Chapter 6Personnel Services and Professional Development.This chapter addresses 16 issues of exemplary practices and areas in need of improvementin the following sections:4.1 Local Policies and Administrative Regulations4.2 IDEA and California State Regulations Supporting Special Education4.3 Related Compliance and Programmatic Issues4.4 Section 504 of the Rehabilitation Act of 19734.5 District Special Education Compliance Self‐Review4.1 Local Policies and Administrative RegulationsIssue 4‐1: Board Policies and Administrative Regulations.MDUSD does not have Board policy regarding notice to comply with Section 504,compliance with IEPs and Section 504 plans, or least restrictive environment. During onsitevisits, MGT consultants found that MDUSD exceeds California Department of Educationrequirements for provision of specialized, segregated programs, such as assistiveaugmentative communication and mental health services. The district should considerBoard policy related to educationally relevant (versus clinical) service delivery.As budget cuts and changes in programmatic options are considered, the following BoardPolicies (BP) and Exhibit (E) should be administratively reviewed to ensure that local policiesare aligned with local actions:• BP 4112.23 (Personnel) states The Governing Board shall employ certified resourcespecialists to provide services… This policy requirement must be considered asbudget cuts are made.MGT of America, Inc. Page 4‐1
Policies, Procedures, and Compliance• BP 4131 (Personnel) and 4331 (Personnel) requires The Superintendent or designeeshall develop a program of ongoing professional development which includesopportunities for teachers and certificated teaching assistants to enhance theirinstructional and classroom management skills.• BP 5141.24 (Specialized Physical Health Care Services) requires specialized physicalhealth care services and has an impact on special education and Section 504.• E 5141.6 (Parental Notifications) specifies when staff are to notify parents ofaction. This document should be communicated and inserted in staff handbooks.• BP 6141 (Curriculum Development and Evaluation) requires district curriculumwhich reflects district philosophy. The district’s Life Skills curriculum is not noted.Other Board Policy (BP) and Administrative Regulation (AR) issues:• BP and AR (Instruction) 6174 do not require that non‐English speaking specialeducation placements must be assessed in their native language before specialeducation or Section 504 placements are made.Considerations for Issue 4‐1:• Review the policies listed above for potential violations.• Communicate and insert Exhibit 5141.6 (Parental Notifications) in staff handbooks.• Establish a Notice for ADA Recruitment, Advertisement, Application, andEmployment Notice of Non‐Discrimination. It is suggested that this notice to thepublic be posted in the Personnel Services Department and in public areas whereparents and staff congregate.• Develop a procedure for policy review, implementation, and dissemination andcommunicate all policies and administrative regulations to the staff. The staffmust understand the policy to ensure its compliance.• Create policies to ensure compliance within the district and to reduce the district’sliability for potential damages. Examples are shown in Exhibit 4‐1: Notice to OurSchool Community, and Exhibit 4‐2: Complying with Individualized EducationPrograms (IEP's) and Section 504 and Americans with Disabilities ReasonableAccommodation Plans. Additionally, it is suggested that all policies be linked onthe district’s Web page.MGT of America, Inc. Page 4‐2
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A Study of theMount Diablo Unified
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TABLE OF CONTENTSPAGEEXECUTIVE SUMM
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Executive SummaryExecutive SummaryF
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Executive SummaryExecutive SummaryI
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Executive SummaryExecutive SummaryF
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CHAPTER 1: INTRODUCTION AND PEER DI
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Introduction and Peer District Comp
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CHAPTER 2: DISTRICT OPERATIONS AND
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District Operations and Associated
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Page 40 and 41: District Operations and Associated
Page 56 and 57: CHAPTER 3: SERVICE DELIVERY OPTIONS
Page 58 and 59: Service Delivery Options and Contin
Page 92 and 93: Policies, Procedures, and Complianc
Page 114 and 115: CHAPTER 5: PERSONNEL SERVICES AND P
Page 116 and 117: Personnel Services and Professional
Page 124 and 125: CHAPTER 6: SPIELER V. MT. DIABLO UN
Page 126 and 127: Spieler v. Mt. Diablo Unified Schoo
Page 128 and 129: Spieler v. Mt. Diablo Unified Schoo
Page 130 and 131: APPENDIX A: SURVEYRESULTS
Page 132 and 133: PART A: ADMINISTRATION7. Special ed
Page 134 and 135: EXHIBIT A-3 (Continued)COMPARISON O
Page 136 and 137: PART E: CURRICULUM ANDINSTRUCTIONE.
Page 138 and 139: EXHIBIT A-7COMPARISON OF SURVEY RES
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PART G: DISCIPLINEEXHIBIT A-9COMPAR
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EXHIBIT A-11COMPARISON OF SURVEY RE
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PART K: SPECIALEDUCATION PROGRAMFUN
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Appendix A: Survey ResultsEXHIBIT A
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APPENDIX BBIBLIOGRAPHYBooksAspy, Ru
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