Department of Student Services
Dr. Cheryle Anderson
Director of Special Education/Equity and Student Services
Katie Adams
504 and Student Study Team Coordinator
(559) 497-8272
Derek Tarbell
Resource Specialist | Big Picture Elementary School
(559) 497-8272
Alex Menton
Resource Specialist | Big Picture High School
(559) 420-1234
Francine Rodriguez
Resource Specialist | Big Picture Adult High School
(559) 420-1234
What is Special Education
IDEA is the nation’s special education law. It gives rights and protections to kids with disabilities. It covers them from birth through high school graduation or age 21 (whichever comes first). Parents and legal guardians also have rights under the law.
IDEA places two big responsibilities on states and their public schools.
First, school districts must provide a free appropriate Public Education. (FAPE) to kids with disabilities. And these kids must learn side by side with peers as much as possible — something called the least restrictive environment, or LRE.
Schools must find and evaluate students who may have disabilities, at no cost to families. This is known as Child Find. If a child has a qualifying disability, schools must offer special education and related services (like speech therapy and counseling) to meet the child’s unique needs. These are provided through an Individualized Education Program (IEP). The goal is to help students make progress in school.
Second, schools have to give parents a voice in their child’s education. At every point in the process, IDEA gives parents specific rights and protections. These are called procedural safeguards. For example, one safeguard is that a school must get consent from parents before providing services to kids.
Special Education Timelines
Initial Assessment and IEP Development
Service/Obligation
Propose an assessment plan for initial assessment.
Timeline
15 calendar days from date of referral.
Exceptions/Note/Considerations
- Tolled for school breaks in excess of 5 schooldays.
- If referral received 10 days or fewer before end of school year, then due within first 10 days of next school year.
- Note: Attached procedural safeguards notice to proposed assessment plan.
Authority
- EC 56043(a)
- EC 56321(a)
Applicable to All IEP’s
Service/Obligation
Notify parents of the IEP team meeting (send IEP meeting notice).
Timeline
Early enough to ensure an opportunity to attend” the IEP meeting.
Exceptions/Note/Considerations
None.
Authority
- EC 56043(e)
- EC 56341.5(b)
Re-assessments
Service/Obligation
Triennial eligibility review every 3 years based on the date of the last triennial review.
Timeline
Every 3 years based on the date of the last triennial review.
Exceptions/Note/Considerations
May occur more frequently if necessary, but no more than once a year unless the parties agree.
- Parent and LEA may agree in writing that triennial assessments are not necessary. They may also agree to limit the scope of the review.
- Recommended: Begin triennial assessment process at least 60 days prior to the triennial review.
Authority
- EC 56043(k)
- EC 56381
Additional IEP Meetings
Service/Obligation
Annual IEP team review.
Timeline
Not longer than 12 months from the date of the last annual IEP.
Exceptions/Note/Considerations
None
Authority
- EC 56043(d), (j)
- EC 56343(d)
- EC 56380
Independent Educational Evaluations (IEE)
Service/Obligation
Respond to a request for IEE.
Timeline
No specific statutory timeline, but must respond without unnecessary delay.
Exceptions/Note/Considerations
Recommended: 10-15 calendar days after request for an IEE from parent(s).
Authority
34 CFR 300.502(b)
Discipline
Service/Obligation
Conduct a manifestation determination review.
Timeline
Within 10 schooldays after the decision is made to remove student for disciplinary purposes for >10 schooldays.
Exceptions/Note/Considerations
Refer to 34 C.F.R. section 300.530.Recommended: Refer to F3’s Special Education Removals for Disciplinary Purposes piece.
Authority
34 CFR 300.530(e)
Student Records/Record Request
Service/Obligation
Provide parent(s) with copies of student records
Timeline
After an oral or written request form parent(s):
- Within 5 business days and “before” any IEP meeting or resolution session.
Exceptions/Note/Considerations
None
Authority
- EC 56043(n)
- EC 56504
Section 504 & Student Study Team
What is Section 504
A 504 Plan is a plan developed to ensure that a child who has a disability identified under the law and is attending an elementary or secondary educational institution receives accommodations that will ensure their academic success and access to the learning environment at the same level as their non-disabled peers.
Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability. Section 504 is an anti-discrimination, civil rights statute that requires the needs of students with disabilities to be met as adequately as the needs of the non-disabled are met.
Section 504 states that: “No otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…” [29 U.S.C. §794(a), 34 C.F.R. §104.4(a)].
What is Student Study Team (SST)
The SST is a group formed within the school to further examine a student’s academic, behavioral and social-emotional progress. The SST team can propose interventions for the student. The team usually consists of a teacher, administrator, and support personnel from the school.
The Student Study Team is often the first step a parent can take when they have a concern about their child’s progress in school.
The SST is a group formed within the school to further examine a student’s academic, behavioral and social-emotional progress. The SST team can propose interventions for the student. The team usually consists of a teacher, administrator, and support personnel from the school. Sometimes a special education teacher will also participate to give his or her perspective. The student and parent are also a part of the team.