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SPECIAL EDUCATION POLICIES & PROCEDURES SPECIAL EDUCATION FOR BRIGHT STAR FAMILIES AND FRIENDS by Esther Perez 2 nd Edition 2013-14

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SPECIAL EDUCATION POLICIES & PROCEDURES

SPECIAL EDUCATION FOR BRIGHT STAR

FAMILIES AND FRIENDS

by

Esther Perez

2nd Edition

2013-14

1 Bright Star Schools – Special Education Manual

TABLE OF CONTENTS

WELCOME 2

CHAPTER 1: KNOWLEDGE, HISTORY & FACTS

WHAT IS SPECIAL EDUCATION? 3 HISTORY OF SPECIAL EDUCATION 3

CHAPTER 2: INDIVIDUALIZED EDUCATION PROGRAMS (IEP’S)

IDENTIFICATION, REFERRAL & EVALUATION 5 ELIGIBILITY 9 DEVELOPING AN IEP 11 FAPE & PLACEMENT 13 PLACEMENT OPTIONS 14 IEP PROCESSES & TIMELINES 16

CHAPTER 3: MEMBERS OF INDIVIDUALIZED EDUCATION PROGRAMS (IEP’S)

IEP TEAM MEMBERS 18 IEP TEAM MEMBER-ROLES 19

CHAPTER 4: BRIGHT STAR ENROLLMENT AND SUPPORT PROCESSES

ENROLLMENT PROCEDURES FOR STUDENTS WITH AN IEP 23 SUPPORT PROCESSES 24 RESPONSE TO INTERVENTION PROCESS & BELIEFS 26 STUDENT SUCCESS TEAMS 27 PROMOTION & GRADUATION POLICIES 28 SECTION 504: 504 PLANS 30

CHAPTER 5: LEGAL ASPECTS & DEFINITIONS

ADHERENCE WITH LAUSD POLICIES 31 HARASSMENT POLICY 33 DEFINITIONS 34 COMMON ACRONYMS 35

CHAPTER 6: RESOURCES FOR PARENTS & STAFF

RESOURCES 36 CONTACTS 37

2 Bright Star Schools – Special Education Manual

WELCOME

Bright Star Schools welcomes all families, friends, and community members to our schools.

Together, we will work to achieve our mission of educating all children to reach their maximum

potential. We understand that special education can be daunting, but we aim to ensure that

the process is as smooth as possible while accommodating to the people involved. Bright Star

Schools is committed to ensuring that all children learn and grow, regardless of backgrounds,

levels, and any learning needs they may have. This manual will help guide both parents and

staff members on how special education and Bright Star Schools operate.

Any discussion regarding special education must begin with the school’s mission; the mission of

Bright Star Schools is to help students achieve academic excellence, accept responsibility for

their futures, and embrace school as family. We offer students the opportunity to develop

their unique talents and ambitions in a supportive, collaborative environment, so they are

prepared for college and career, and to lead purposeful, fulfilling lives. Through Bright Star’s

culture of personal responsibility, respect, and accountability, students learn to be

conscientious, compassionate, and creative members of our diverse communities. The mission

of the school mirrors the mission of the special education department; by advocating,

educating, and maintaining high expectations for the students they work with, the special

education department aims for all students to eventually be able to independently live an

empowered and independently successfully life.

Thus, Bright Star Schools aims to create specialized instruction that maximizes students’

exposure to college-preparatory, rigorous, yet individualized standards based instruction.

Bright star aims to create programs that meet each student’s unique needs. Consistent

collaboration between general and special education teachers helps create optimal learning

structures for our students with special needs. Through this collaboration, staff uses both

qualitative and quantitative data as a means to support our students’ areas of strengths and

needs. Within these continuous efforts, we hope to create the best individualized education

programs that truly help students maximize their potential. This, we feel, is how we can be able

to achieve the best results for all involved.

We hope that all our Bright Star families feel welcomed, supported, and appreciated by the

special education department as well as our entire school family.

3 Bright Star Schools – Special Education Manual

CHAPTER 1: KNOWLEDGE, HISTORY & FACTS

You are part of the Bright Star community.

WHAT IS SPECIAL EDUCATION?

Special education (SPED) is a way of designing education and support systems that find and

capitalize on each student-learners’ abilities. It includes ways to educate students that serve

the unique needs of persons with disabilities and strives to continuously meet or exceed high

standards of achievement in academic and nonacademic skills. SPED can include simple special

materials such as graphic organizers to help students process their thoughts better, or even

special equipment such as noise-reduction earphones (these are only two examples). The goal

of SPED is to serve the unique needs of persons with disabilities so that each student will meet

or exceed high standards of achievement in academic and nonacademic skills.

SPED may include, but is not limited, to the following specially designated instructional

supports (DIS):

Special materials such as pencils, graphic organizers

Specific teaching techniques such as small group activities

Specialized equipments such as speech output devices

Accessible facilities such as those with special seats or walkways

Related services such as special transportation

If needed, in depth psychological assessments such as those done by a school

psychologist

Adaptive physical and occupation therapy

If needed, medical treatments that help students with certain health impairments

Therapy such as speech and language to help various communication needs

DIS counseling such as that offered by a licensed credential provider.

HISTORY OF SPECIAL EDUCATION

Prior to 1975, students with disabilities were not often helped in educational settings to reach

their potentials. However, the Education for All Handicapped Children Act (EAHCA) in 1975

solidified that all students with disabilities must have an appropriate education in the least

restrictive environment at no cost to the parents. This is referred to as offering a Free and

Appropriate Education, or FAPE. In addition to educating students with learning disabilities

through manners that meet their needs, procedural safeguards and regulations must be in

place to ensure access to FAPE.

4 Bright Star Schools – Special Education Manual

In 1990, EAHCA was replaced by the Individuals with Disabilities Education Act (IDEA), which

demanded that states comply with IDEA if they receive federal funds to provide Special

Education services. Public schools are also subject to both 1973’s Rehabilitation Act and the

1990 Americans with Disabilities Act (ADA), which mandated that schools cannot discriminate

on the basis of any disability.

Newer authorizations of IDEA include requirements aimed at increasing and improving the

expectations and outcomes for students with disabilities.

The spirit of IDEA generally speaks to whether or not the student with the disability is

receiving a free and appropriate education (FAPE) in the least restrictive environment

and is measurably improving in his/her goals.

Congress left FAPE open to interpretation by state agencies. Recent case law has more

clearly defined how schools are to provide FAPE, implement Individualized Education

Plans (IEPs) and in what type of setting.

IDEA calls for timely and useful IEPs. Specifically, an IEP is a document that must be updated

annually, but may be reviewed more often if need be. This document outlines the present

levels of performance for the student with a learning disability, standards based goals that can

help the student access their educational curriculum, supports that the school will provide in

order for the student to be successful, and the setting and, or services that will help the student

accomplish his or her individualized goals. IEPs are conceived and agreed upon by parents,

school members, and the student before it can be implemented by school staff members.

Further and more specific IEP information can be found in Chapters 2-3.

5 Bright Star Schools – Special Education Manual

CHAPTER 2: INDIVIDUALIZED EDUCATION PROGRAMS (IEP’S)

It takes a village to raise a child and to teach one.

IDENTIFICATION, REFERRAL & EVALUATION

An Individualized Education Plan (IEP) is a legal written document that includes data based on

teacher observations, general and/or specific assessments, student accommodations, goals and

timelines. The IEP serves as the document that explains the educational plan as the ‘what’ and

‘how’ of a student’s (with a learning disability) education. The purpose of an IEP is to document

a plan addressing the needs of a student with a disability to ensure continued academic

progress. In order for a student to receive special education services, there are five general

steps in the process:

1. Identification and referral.

2. Evaluation.

3. Eligibility.

4. Developing an IEP.

5. FAPE & Placement.

IDENTIFICATION AND REFERRAL

Bright Star Schools will attempt to find and identify any student with special needs by sending

out appropriate flyers and forms to all parents, as well as implement school Response to

Intervention (RtI) procedures that help locate any and all students who may be struggling either

academically or behaviorally. Physical disabilities such as blindness or hearing loss and

impairments such as immobility can also be diagnosed through various school-recommended

assessments but are often diagnosed before a child enters school.

A parent, teacher and an appropriate individual within the public agency can refer a student to

be assessed for a disability. Sweep screens, basic group assessments such as primary cognitive

development tests, low state assessment scores and individual teacher observations may each

conclude a possible referral. When such a referral is made, usually an SST meeting follows. The

following questions are just a few what would be considered:

1. What are the child’s present levels of academic achievement and related developmental

needs?

2. What are the child’s needs?

3. What type of interventions should the school provide that can help the student be

successful prior to special education assessment?

4. Does the child need a special education and related services referral?

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After exhausting other intervention methods, if the team decides to pursue possible special

education referral, then an initial IEP takes place with data collection and the child and parent

are assessed by trained professionals for a full and individual evaluation. If the team decides to

attempt other interventions prior to assessing the student, the parent will be provided with

prior written notice as to the school’s refusal to evaluate, including reasons why and other

interventions that will be attempted. Parents will also be provided with a copy of their

procedural rights. Of course, assessment for special education depends upon parental consent.

Written Consent

When evaluating a child for special education, the school must provide written notice of the

evaluation, what evaluation will be used and procedural safeguards available under IDEA to the

parent. The parent then must give written consent for the assessment having understood the

entire evaluation process. If language is a barrier, then notices must be translated. If parents

refuse consent, the public agency must show that it tried to obtain consent and can override

the parent’s decision through dispute resolution, but the school is not required to do so.

EVALUATION

A Special Education Assessment involves the gathering of information about a student to

determine if a disability exists. Assessments may include individual testing, observations,

interviews and reviews of school records and school work in all areas of suspected disability.

The assessments are performed by various individuals, depending upon the needs presented by

the student. The Assessment Plan shall outline the professionals that will be conducting the

assessments. Upon the receipt of a consented to Assessment Plan, he school has 60 days to

complete the evaluation and schedule an IEP meeting to review the results.

An evaluation must meet, not just the academic needs of the student, but also the

developmental and functional needs. The following are required in an evaluation:

1. Assessing the student in all areas related to the suspected disability.

2. Use different assessment tools to comprehensively identify all the child’s special

education and related services needs.

3. Evaluate for specific deficits, not just IQ.

4. Not rely on any single measure or criterion for any recommendations.

5. Use technically sound instruments that are valid and reliable for assessing a particular

area of need.

6. Assessments cannot be racially or culturally biased, and must be in the student’s native

language or other mode of communication.

7 Bright Star Schools – Special Education Manual

7. Accurately assess the student’s aptitude or achievement taking into account any

impairment(s) the student might have.

8. A trained and accredited professional administers the evaluation.

Payment for Evaluations

When the school conducts the evaluation, it is at the public’s expense. With amendments to

IDEA in 2004, schools can now access the parent’s health insurance to help pay for an

evaluation, if the parent agrees. Parents do not have to agree to this and they must be

informed that if the parents do not agree to access the insurance, the school will still conduct

the assessment at no cost to the parents. Public funds can also apply to deductibles and co-

pays.

Independent Evaluations

If parents do not agree to the evaluation findings, they have the right to request an

independent evaluation at the public’s expense. The school must, without unnecessary delay:

(1) initiate a due process hearing to conclude that the original evaluation met all the

requirements, or (2) ensure that another independent evaluation is available to the parents at

no cost to them.

The school must provide where the parents can conduct another assessment and any

applicable criteria for the independent evaluation to take place, pursuant to SELPA policy.

Parents are only allowed one independent evaluation per one school evaluation. Parents can

obtain their own evaluation, in which case it must be considered by the school in any decisions

regarding the student’s FAPE, so long as the assessment meets the mandated criteria.

Reevaluations

Once a student has qualified for special education services, it is essential that there is current

data on the student to monitor the progress. IDEA requires that IEPs are reviewed annually and

the student is reevaluated every three years. More reevaluations can be conducted at the

request of the parents or the school. The school may request an informal reevaluation that

includes a thorough and exhaustive records review done by a licensed school psychologist if the

parent and school deem that a full reevaluation may yield similar results.

In order to terminate an IEP, the decision must be made in by the IEP team with a current

reevaluation or when (1) the child graduates with a regular high school diploma or (2) when the

student reaches 21 years of age or (3) if the Parent (or student age of 18 with educational

decision making rights) withdraws consent for special education in its entirety.

8 Bright Star Schools – Special Education Manual

Identification and Referral

• Parents, teachers, or other appropriate individuals can refer a student to be assessed to determine whether or not the student is a "child with a disability."

• Appropriate interventions have been applied that have still proven unsuccessful.

• Prior to evaluation, schools must request consent from parents.

Evaluation

• The Individual Education Plan (IEP) team must use a variety of assessment tools to determine whether or not a student is a "child with a disability."

Eligibility

• The IEP team determines if the child's disability fits one or more of the 13 categories and whether or not the child is eligible forspecial education and related services.

Development of an IEP

• An IEP is a legal document that the team develops. It includes the special education and related services the student will receive.

• Parents have the right to consent or disagree with the IEP.

Placement

• The student is placed in the least restrictive environment (LRE) with appropriate accommodations to ensure general curriculum is accessible.

All reevaluations must be made with written consent from the parents or the school must be

able to demonstrate reasonable efforts made to parents to obtain consent if the parents fail to

respond.

SPECIAL EDUCATION IDENTIFICATION & EVALUATION PROCESS

9 Bright Star Schools – Special Education Manual

ELIGIBILITY

There are three parts to the law to fit the definition of a “child with a disability” which makes

the student eligible for special education:

1. Meets one or more of the 13 Disability Categories.

2. Their impairment requires instruction and services which cannot be provided with

modification of the regular school program in order to ensure that the individual is

provided with FAPE.

3. Is between the ages of 3 and 22.

Thirteen Disability Categories

1. Autism Spectrum Disorder (ASD)– Formally referred to Autism, or under the eligibility

of AUT, is a medically diagnosed condition that manifests as impairments in social

interaction, communication, repetitive movements, limited interests and other

behaviors.

2. Other health impaired (OHI) – having limited strength, vitality or alertness, including a

heightened alertness to environmental stimuli that results in the limited alertness with

respect to the educational environment that—

a. Is due to chronic or acute health problems such as asthma, attention deficit

disorder, attention deficit and hyperactivity disorder, diabetes, epilepsy, a heart

condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever,

sickle cell anemia, and Tourette syndrome; and

b. Adversely affects a child’s educational performance.

3. Intellectual Disability (ID) – Formally referred to as Mental Retardation (MR), is

characterized by significantly below average intellectual and adaptive functioning.

4. Emotional Disturbance (ED) – is warranted in one or more of the following categories as

it impacts a student’s educational performance:

a. Inability to learn that cannot be explained through intellectual, sensory or other

health impairments.

b. Inability to build and maintain relationships with other students or educators.

c. Inappropriate behaviors and feelings, not including intentional acting out.

d. Pervasive depression.

e. Physical symptoms or fears caused by school problems.

5. Deafness – a severe hearing impairment that causes difficulty processing linguistic

information through hearing regardless of amplification.

6. Hearing Impairment – fluctuating or permanent hearing difficulty that does not include

deafness.

10 Bright Star Schools – Special Education Manual

7. Visual Impairment – decreased vision, with or without correction, including but not

limited to, partial sight and blindness.

8. Deaf-Blindness – a combination of hearing and visual impairments causing

communication, developmental and educational needs that cannot be accommodated

in programs for children who are solely deaf or blind.

9. Specific Learning Disability (SLD) – A child qualifies, if:

a. The child does not achieve adequately for the child’s age or fails to meet State-

approved grade-level standards in one or more of the following areas when

provided with learning experiences and instruction appropriate for the child’s

age 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.

b. The child does not make sufficient progress to meet age or State-approved

grade-level standards in one or more of the areas identified when using a

process based on the child’s response to scientific, research-based intervention;

or

c. Child exhibits a pattern of strength 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 to the

identification of a specific learning disability, using assessments and through

data collection to ensure that it is not due to lack of proper instruction.

10. Multiple Disabilities – a combination of impairments that cause severe educational

needs that cannot be appropriately accommodated in programs designed for a single

disability.

11. Orthopedic Impairment – a physical disability that limits a student’s ability to function

successfully in a classroom. Some examples include a disease-induced impairment or

amputation.

12. Speech and Language Impairment – communication disorder, such as stuttering,

impaired articulation, language impairment or a voice impairment that adversely affects

a child’s educational performance.

13. Traumatic Brain Injury – an injury to the brain caused by an external physical force that

results in total or partially functional disability or psychosocial impairment.

11 Bright Star Schools – Special Education Manual

Students who exhibit any one of these categories alone are not eligible for special education.

The student is eligible if the disability also adversely affects his/her learning. Unless disabled

within the meaning of California Education Code 56026, pupils whose educational needs are

due primarily to limited English language proficiency; a lack of instruction in reading or

mathematics; temporary physical disabilities; social maladjustment; or environmental, cultural,

or economic factors are not individuals with exceptional needs.

Eligibility Determination

If the parent and the school find that a student fits under the SLD category given RTI, then the

case moves to the IEP phase. If the student does not qualify, but the parent disagrees, the

parent can pursue a dispute resolution. The student might not be eligible under IDEA, but

possibly eligible under Section 504. As noted earlier, the impairment must substantially limit

one or more major life activities, or have record of such impairment.

DEVELOPING AN IEP

After the evaluation is completed, an Individualized Education Plan (IEP) meeting is scheduled.

At this meeting, the IEP team will discuss the assessment results and make the determination if

the student qualifies for special education services. If a student is eligible for services, an IEP—

a written plan that describes the student’s abilities/needs, placement and services designed to

meet the needs of the student, is created. The IEP includes:

A statement of the student’s present levels of academic achievement and functional

performance;

Annual measurable goals;

A description of the manner in which the progress of the pupil toward meeting the

annual goals will be measured and when periodic reports on the progress the pupil is

making toward meeting the annual goals, such as through the use of quarterly or other

periodic reports, concurrent with the issuance of report cards, will be provided;

A statement of the special education and related services and supplementary aids and

services, based on peer-reviewed research to the extent practicable, to be provided to

the pupil, or on behalf of the pupil, and a statement of the program modifications or

supports for school personnel

The services that the student will receive;

When services will begin, how often and for how long;

The instructional program(s) where these services will be delivered;

12 Bright Star Schools – Special Education Manual

The amount of time the student will spend in general education An explanation of the

extent, if any, to which the pupil will not participate with nondisabled pupils in the

regular class and in the activities;

An ITP that will be in effect no later than when the pupil is 16 years of age, or younger;

and

The ways the school will measure the student’s progress.

The points below contain more specific important about important parts of the IEP:

Present Levels Of Academic Achievement and Functional Performance (PLOP’s) –

states the current levels of the student based on observations and assessments.

Goals – measurable annual goals are established.

Related Services – a statement of specific educational instruction and related services

required for the student.

Accommodations – a statement of accommodations that are necessary to measure the

academic achievement and functional performance on state and school wide

assessments, and that supporters will provide for the child in order for the student to

advance towards the goals.

Participation with Nondisabled Peers – identifies the extent to which the child will not

participate with non-disabled students: pull in vs. pull out services; full inclusion vs.

general mainstreaming; special day classes, etc.

Frequency / Location / Duration of Related Services and Modifications – identifies the

starting date of each of the instructional services and modifications along with

frequency and duration of the services.

Transition Service – a statement of how the student will transition after high school.

Students 16 years of age must legally have a transition statement in place in an IEP

ratifying early communication to the student and parent regarding the future of the

student beyond graduation or completion of high school. However, within the Los

Angeles Unified School District, an Individualized Transition Plan (ITP) is included at

every IEP whereby a student is either 13 ½ years or older which outlines educational,

career, community, and independent living skills for the student to be successful beyond

high school.

Progress Measurement – states how progress will be measured towards annual goal.

Assistive Technology – if necessary, it would state assistive technology (AT) equipment

and training on AT.

An explanation of the extent, if any, to which the pupil will not participate with non-

disabled peers in the regular classroom or activities.

If appropriate, the IEP will also include:

13 Bright Star Schools – Special Education Manual

Extended School Year Services.

Linguistic Goals.

For pupils in grades 7 to 12, any alternative means and modes necessary to

complete the prescribed course of study to meet or exceed proficiency standards

for graduation.

Transition to regular program if the pupil is to be transferred from a special day

program or non-public school.

Specialized services, materials, and equipment.

FAPE & PLACEMENT

The Individuals with Disabilities Education Act (IDEA) guarantees that eligible children will

receive a “free and appropriate public education” which emphasizes special education and

related services designed to meet their unique needs.” This is referred to as “FAPE.” According

to FAPE, special education and related services that are in the child’s IEP are provided at the

public’s expense. Parents do not have to pay for transportation, co-pays or additional fees for

related services, if they are required in the IEP. FAPE basically outlines the student’s

placement, as in what type of setting and services are appropriate in meeting the student’s

needs.

Procedural Requirements

School districts must provide opportunities for parents to participate in the decision making

process in regards to their child’s special education, if not, they are in violation of IDEA. Schools

must adhere to appropriate timelines; provide meaningful opportunities for parents to

participate in the IEP process; obtain parent’s informed consent for placement & assessment;

and create an IEP that adheres to the mandates of the law.

Major Requirements

To determine whether or not an IEP meets the requirements of FAPE, ask the following

questions:

1. Is the proposed IEP designed to meet the unique needs of the student?

2. Is the proposed IEP providing reasonable educational benefits?

3. Is the IEP designed to provide an education in the least restrictive environment (LRE)?

Related Services

Related services are part of FAPE that is available to all students that are in special education

under IDEA, if they exhibit a need for the service, to provide the student with FAPE. Students

14 Bright Star Schools – Special Education Manual

must exert a need for the service by showing that the student would need this support in order

to be educationally successful. Related services are as follows:

1. Transportation — to bring the student to and from school, between schools and within

and around the school buildings/facilities. Providing this service is at the cost of the

school, including all necessary equipment. The school shall reimburse these costs to

parents if it cannot offer this service.

2. Psychological Services and Counseling — parents should receive information about

child development and how to support their child through the implementation of the

IEP under this service. If the special education of the child with the disability includes

the benefits of counseling, psychological assessments and/or social work services such

as family therapy in order to individually educate the student, it is at no cost to the

family and must be noted in the student’s IEP.

3. Health Services — or nurse services must be administered by a qualified person and is

usually written into the student’s IEP.

4. Other Related Services — this broad category involves interpreters, ensuring hearing

aids are working properly, etc. It varies based on specific IEPs.

PLACEMENT OPTIONS

Special education must be provided in the least restrictive environment (LRE) that is the most

normalized setting through a continuum of services and placement options. In accordance with

State and Federal laws, students with disabilities are provided special education and related

services in an environment that promotes interaction with the general school population, to a

degree appropriate to the needs of both students in general education and special education.

The concept of LRE includes a variety of options designed and available to meet the diverse and

changing needs of students. LRE is determined by the IEP team on an individual student basis.

The LRE ensures that a child with a disability is served in a setting where the child can be

educated successfully.

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LEAST RESTRICTIVE TO MOST RESTRICTIVE ENVIRONMENTS

General education classroom without support.

General education classroom with supplementary aids and services,

including equipment and/or specialized personnel.

Designated instruction and services designed to improve the student’s

ability to benefit from the education provided.

Resource specialist program placement for individualized and small group

instruction for part of the school day in order to benefit from regular

classroom instruction.

Special day class for individualized and small group instruction within a self-

contained classroom for more than half the day.

Special day classes at sites throughout the county.

Non-public school placement.

Bright Star Placements

While Bright Star Schools currently has resource specialist placement options, this is not to say

that students coming from other placements will or will not be successful at our school site.

We have plenty of students from other placements that do well, and some that require

something else. The decision to be placed at Bright Star Schools or any other school is a team

decision. Thus, there may be occasional needs for a student to require special day, non-public,

or residential placements. All decisions of placement are based on data and IEP team approval.

Non-Public and Residential Placements

During an IEP, the team must decide what the appropriate placement for the student in special

education is and how to deliver the ideal educational plan. If the school agrees in the IEP that a

non-public school setting provides FAPE for the child, then the local education agency must pay

for all the costs of the non-public placement. If the IEP team is going to consider a non-public

school or special day class as an option, the school shall abide by SELPA policy and invite a

representative from LAUSD to the IEP meeting. In other words, in any placement that deems

the student should leave Bright Star Schools, an LRE specialist is called in to ensure equitable,

appropriate, and useful placement is found and agreed upon.

If a parent places the student in a non-public setting because FAPE was not provided by the

local school and seeks reimbursement later, this is called unilateral placement and the parents

LRE

MRE

16 Bright Star Schools – Special Education Manual

may be entitled to a full reimbursement, if a hearing officer finds that the public school failed to

provide FAPE and the parents provided proper notice to the school. The IEP must include

representatives from the non-public school. If the school receives a unilateral placement notice

from a parent, the school will immediately convene an IEP meeting and/or assessment plan.

Residential Placements

This placement means services are provided outside of the school. If it is necessary to provide

special education to a child through a residential placement, non-medical care, room and

board, must be at no cost to the parents. There are three instances for this type of placement:

Severe or a profound disability that requires highly intensive programming, serious emotional

problems, or significant visual or hearing impairments. In looking at this placement, questions

such as whether the program is the LRE for the student? Must all costs be at the burden of the

school district? And, what if there is no accredited placement available? Residential

placements must be considered with a district representative.

IEP PROCESSES & TIMELINES

The steps below represent the general sequence of an IEP. However, an administrator or parent

can request an IEP at any time, if such party believes it is warranted through new data or other

circumstances that could mitigate an existing IEP. If an IEP meeting is requested, it must be

held within 30 calendar days. The following are processes regarding different types of IEP

meetings as well as timeline information.

IEP Meeting Notice – Parents have the right and responsibility to participate in their

child’s IEP team process. The school must send out a “Notice to Participate in an IEP

Meeting” with the date, time, purpose, type of IEP, and other invited attendees to the

parent at least 10 business days before the IEP team meeting. The parent then has the

right to attend, request another date, or give consent for the school to have the IEP

meeting without their attendance. If a parent is unable to physically attend, the school

may allow for participation through telephonic or other means. The parent may also

request translators or other representatives on this form.

Initial IEP – This is the initial IEP that states a child is eligible for special education

services. Initial IEP’s are recommendations which must be approved by parents before

official supports can be put into place. Once an assessment plan is signed for special

education assessment or triennial evaluation, the school district has fifty business days

in order to finish the assessment.

17 Bright Star Schools – Special Education Manual

Annual IEP – This is the annual IEP that must be held within one exact calendar year

from the last IEP. The purpose of annual timelines is so that students are getting

adequate grade and age level supports in timely fashions as teachers, schools, and

grade-level standards change.

Triennial IEP – Every 3 years, a student with a learning disability and IEP must have a

triennial IEP that includes updated evaluations to ensure eligibility, placement, and

services remain appropriate. Occasionally, some students may even exit special

education depending on whether they have learned appropriate skills to self-

accommodate for their learning disability. Triennial IEP’s and the recommendations laid

out, are, as always, contingent upon parental approval and team decisions.

Amendment IEP – These IEP’s can be held at any time, as long as team members are

given 10 days notice. The purpose is to review portions of IEP’s that may need small

revisions such as a revision or addition of goals and supports. The amendment IEP does

not reset annual IEP meeting dates.

30 day placement IEP – As a student with a learning disability changes or enters a new

school district, a 30 day placement IEP must be held that determines whether the new

school district is appropriate for the student’s specific needs. A new outline is drafted

that specifies which supports the new district recommends. If the child is successful

after 30 days at the new district, this 30 day IEP becomes the new annual IEP. However,

if a student struggles and requires IEP revision of goals or supports, the IEP team must

reconvene to discuss whether the new district is appropriate or not for the students’

specific needs.

IEP Meeting is held – If the parents agree with the recommendations from the IEP team,

the parent(s) will sign the IEP. However, if parents do not agree, the school must inform

parents of their procedural rights including rights to a hearing. The parent may also

agree or disagree to only certain parts of the IEP and may specify those on the IEP

signature form(s).

18 Bright Star Schools – Special Education Manual

CHAPTER 3: MEMBERS OF INDIVIDUALIZED EDUCAT ION PROGRAMS (IEP’S)

““It was ability that mattered, not disability, which is a word I'm not crazy about using”” –

Marlee Matlin

Since the purpose of an IEP is to document a plan addressing the needs of a student with a

disability to ensure continued academic progress, multiple people are involved in the process of

determining a student’s optimal educational program. The following section outlines the IEP

team members, roles, identification and evaluation, process, content, and timelines.

IEP TEAM MEMBERS

The following is an extensive list of possible people involved in an IEP; specific team member

attendance varies on.

1. Parent(s) of the student.

2. General education teachers.

3. Special education teacher.

4. Representative(s) from local education agency.

5. Assessor.

6. Child with disability.

7. Interpreter (if needed).

8. Transition service (if needed, required when students turn 16 years of age) provider.

9. Behavior Intervention Case Manager.

10. Mental Health, Physical Therapy or Occupational Therapy Provider.

11. Group home representative.

12. Attorney/Advocate.

13. Others as deemed appropriate by stakeholders involved.

***At the discretion of the parent, guardian, or the local educational agency, other individuals

who have knowledge or special expertise regarding the pupil, including related services

personnel, as appropriate may be invited. The determination of whether the individual has

knowledge or special expertise regarding the pupil shall be made by the party who invites the

individual to be a member of the individualized education program team; and

19 Bright Star Schools – Special Education Manual

IEP TEAM MEMBER-ROLES

All participants in Special Education play a specific role in developing the Individualized IEP for a

student with a disability.* The following categories make it easier to understand how exactly

each member may be involved and the characteristics of each.

1. Students: Participation, eligibility, legal rights.

2. Parents: Rights, parent and school roles.

3. Educators: Rights and responsibilities.

4. Related Service Providers: Responsibilities.

5. Advocates: Rights and responsibilities.

6. Decision Makers: Overall expectations.

*All members of an IEP team must communicate and work together to create a plan that is best

and most appropriate to educate a student with learning needs.*

STUDENTS

Students are encouraged to participate in their IEP process. Bright Star gives careful attention

to the needs, likes and dislikes, as well as goals and aspirations of the student within the IEP

development process. To qualify as a student who may be eligible to receive special education

services, IDEA requires that students fit the definition of “child with a disability” under 13

different categories. Each disability has its own specific requirements. In addition to fitting one

or more of these categories, the student must also show a need for support and, or related

services. (If the student does not qualify for special education but is chronically ill, the child can

still be protected under Section 504 of the Rehabilitation Act and American with Disabilities

Act.)

When a student reaches the age of 18, all rights related to their education transfer to the

student, unless a licensed psychologist has deemed the student incompetent of such

responsibilities. Before this age, parents or legal guardians have decision making processes.

However, students at the age of 18 are afforded the responsibility of approving all IEP goals and

accommodations. Students may elect to remain in K-12 education, legally, until the age of 22

or upon the completion of a HS diploma. Additionally, students with a learning disability may

be placed upon a certificate of completion track (in high school) if this meets their needs more

appropriately than a diploma track.

20 Bright Star Schools – Special Education Manual

PARENTS

Parents are the ultimate decision makers. As such, procedural protections under IDEA belong

to the parent and not to the student until s/he is under 18 years of age. When the student is

18, these procedural protections transfer to the student as long as s/he is deemed competent

under state law. Parents still maintain a right of notice even when the child reaches the age of

18.

The term “parent” can also include anyone deemed as the legal guardian who makes the

decisions for the student’s special education. This can include extended members of the family

such as a grandparent, stepparent and/or a surrogate parent appointed by the court or social

agency if the child is a ward of the state.

ROLE OF PARENTS – Parents must be notified of their due process rights and informed of the

procedures of an IEP. Parents must also be notified of the various stages of an IEP and the

opportunity for their participation must also be made available. In order for an IEP to be

finalized, all members of the IEP team, including the parent(s) must be in agreement and

participate in the decisions made in the IEP meeting. Disagreements within the team can be

handled within the appropriate measures outlined in Chapter 3 (Uniform Complaint Policy).

ROLE OF SCHOOL – The school’s main objective is to ensure an appropriate education for the

student, even if it might conflict with the wishes of the parents. For this reason, IEPs are

completely team decisions. Nonetheless, the school also acts to advocate for the student’s

needs and may also follow similar legal proceedings to the parents Uniform Complaint Policy.

While this is not ideal, the school will make all possible attempts to reach a consensus in order

to ensure that the student receives the best educational plan possible.

EDUCATORS

Educators include any individual may be employed by the school to foster the academic and, or

physical growth of students. Educators also include certain individuals approved by the school

to participate in educational activities such as sports coaches.General Education Teachers

(GenED).

GenED teachers must teach students that have disabilities, if such students are in their regular-

day classroom, which Bright Star students (currently) are expected to be in for all or the

majority of their school day. A GenEd teacher must follow the accommodations set forth in an

IEP, which they are notified of by the special education teachers. With the inclusion of students

in SPED through IDEA and No Child Left Behind (NCLB), teachers now must be trained on how to

teach students with special needs to be considered “highly qualified.” Bright Star Schools

consistently

21 Bright Star Schools – Special Education Manual

SPECIAL EDUCATION TEACHERS (SPED) – SPED teachers must also through NCLB and

amendments to IDEA in 2004, secure (1) a full state certification as a special education teacher

or pass a state examination to hold a SPED teaching license; and (2) have a bachelor’s degree.

Both the GenED and SPED teachers must work together to educate a student with special

needs. SPED teachers, specifically called Resource Specialists, work with GenED teachers to

train them on accommodations use and specific teaching strategies that will help certain

students. Through the collection of data, observations made and assessments-given, SPED

teachers work collaboratively to create an academic program that is individualized and can best

educate a student with a disability.

LOCAL SCHOOL ADMINISTRATOR – During an IEP, an administrator must be present and

participate in the IEP. Principals may also designate another person to act on their behalf, if

they cannot attend the IEP directly. The role of the principal(s) is to ensure that teachers are

providing the mandatory accommodations set in an IEP and that the placement of the student

with a disability meets the Free and Appropriate Public Education (FAPE) in the least restrictive

setting. As the teachers teach, the administrator must provide the environment in which the

student can reach the goals set in the IEP with related support and services through proper

budgeting, placement and allocation of available school resources, as well as proper behavior

management.

As parents have the ultimate say in agreement or disagreement to an IEP, the administrator

respectively places the controls to ensure the student receiving SPED meets his/her goals. The

principal moreover, must ensure that the school is properly following protocols to identify

students that might be in need of SPED services and that there are structures in place to

support all learners. In addition, the principal or designee at the IEP meeting shall be qualified

to provide or supervise the provision of specially designed instruction, is knowledgeable about

the general education curriculum, and is knowledgeable about the resources of the local

education agency.

OTHER PERSONNEL – Teacher’s assistants, clerical, medical and counseling staff and other

members of the school might also be involved in the academic programming needs of the

student in SPED, as well as social, emotional and physical aspects. Depending on the disability

and the individual needs of the student, an IEP team might include additional members than

just the core people mentioned above such as (but not limited to) athletic coaches, teaching

assistants, and office club advisors.

22 Bright Star Schools – Special Education Manual

RELATED SERVICE PROVIDERS

Certain impairments require experts that have had specific training in services for an aspect of

their disability. This list includes speech and language therapists, physical and occupational

therapists, social workers, psychologists, nurses, physicians and those that provide

transportation services. IDEA requires that states develop parameters and include

qualifications that ensure related service providers are highly trained and prepared to work

with students with disabilities. This mandate is also reflected in NCLB and standards for Title I

funds.

ADVOCATES

The entire movement of special education and its revolution since the 1970s is greatly due to

the lobbying and litigating efforts by advocacy groups that demanded new legislation for the

inclusion of people with disabilities in public institutions. This remains true today as current

case law continues to further delineate the execution and implementation of IDEA, Section 504

of the Rehabilitation Act and Americans with Disabilities Act. Advocates are welcomed to

participate in IEP meetings provided the parent has given approval for their attendance.

DECISION MAKERS

When a parent and the school cannot agree upon an IEP, there are many groups that act as an

intermediary. From the local school district to the Special Education Local Planning Agency

(SELPA) or a state mediator, another party might assist the parents and the school in coming to

a compromise regarding placement, funding and educational services for the student with a

disability. These mediators also include dispute resolution and hearing officers or judges who

conduct the impartial hearings. This will be further discussed in Chapter 5.

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23 Bright Star Schools – Special Education Manual

CHAPTER 4: BRIGHT STAR ENROLLMENT & SUPPORT PROCESSES

““Once children learn how to learn, nothing is going to narrow their mind.

The essence of teaching is to make learning contagious, to have one

idea spark another.”” – Marva Collins

ENROLLMENT PROCEDURES FOR STUDENTS WITH AN IEP

Students shall not be denied admittance to Bright Star Schools on the basis of a disability.

When an IEP is submitted at the time of enrollment, the site administrator and, or education

specialist will review the IEP for placement, program and services. Regardless of the student

with disability and their previous state, school, or other assessment scores, the student is

placed into the last agreed upon grade level (based on prior IEP team decision). For instance, if

a student was in 8th grade and is planning to enter 9th (during the summer), they will be placed

into the 9th grade.

Once the student with an IEP is enrolled, the IEP is re-reviewed by the caseload manager (the

Resource Specialist on site). It is the responsibility of the caseload manager to schedule and

provide services as indicated on the IEP. As mandated by law, an IEP is scheduled within 30

days of enrollment to review eligibility, services, and goals. At that time, the IEP time may

decide to make changes to the IEP document. Until such time as the 30 day IEP meeting is held,

the student will be provided with comparable special education services to the IEP that the

student enrolled with.

Additionally, the 30 day placement IEP will convene as soon as possible but no later than 50

days of enrollment to discuss appropriate accommodations, progress, and other supports.

After 30 days of implementing the agreed upon IEP, a meeting may reconvene to discuss the

student’s progress at Bright Star and whether the grade level continues to be appropriate or

not. Grade level placement is always an IEP team decision and must have parental/legal

guardian consent.

24 Bright Star Schools – Special Education Manual

SUPPORT PROCESSES

After a student is enrolled, progress is continuously monitored. This includes all students, not

just those with learning disabilities. Bright Star believes in the potential of all students to be

successful in their academic endeavors; thus, we use a response to intervention model that

helps all students receive the type of education that meets their styles, preferences, and needs.

BRIGHT STAR SCHOOLS’ RESPONSE TO INTERVENTION MODEL

In order to ensure that all students are adequately supported, inside and out of the school

setting, Bright Star Schools uses a 3-tier intervention model as its Response to Intervention.

The three tiers are as follows:

Tier One: Core Instruction: Powerful instruction begins with the adoption and use of an

evidence-based curriculum. Effective teachers do not simply teach such a program page by

page for all students. Rather, they differentiate the instruction so it is designed to meet the

specific needs of students. Research shows that there are five key components that are critical

to effective and powerful instruction. They are:

Essential skills and strategies are taught regularly and in a timely manner.

Differentiated instruction based on assessment results is provided.

Explicit and systematic instruction includes lots of practice, with continuous teacher

support and feedback.

Opportunities are given to apply skills and strategies throughout the instructional day.

Student progress is monitored regularly with re-teaching given as needed.

At Bright Star Schools, teachers are required to incorporate these key components in their daily

instruction. Furthermore, school-wide prevention efforts have been established to promote

learning for all students. Bright Star Schools anticipates that the majority of students will

respond to these strategies and will not require additional interventions.

Tier Two - Strategic Interventions: The use of a multi-tiered instruction based on student data

allows teachers to differentiate instruction for all students. Occasionally, teacher assistants

(TAs) will work with the GenED teacher to ensure that small group and some individualized

instruction is met within the general education class. The following are examples of strategies

and interventions used by both teacher assistants and teachers to assist Tier Two students:

Small group instruction

One to one instruction

Preview/Review

Games, experiments, and simulations

25 Bright Star Schools – Special Education Manual

Active learning

Cooperative learning

Story Maps

Graphic Organizers

Tutoring

Partnerships

Advisories

Saturday School

Morning & Afternoon Tutoring Sessions: Both teachers and TAs work with students who have

been identified as struggling based on various measurements (missing assignments, Reading

Counts points, Study Island Goals, etcetera) and work directly with students to help them

“catch up” in areas where they are able to make up work.

Connector Program: All students, including those with special needs, are assigned a connector

as their year-long (potentially multi-year) advisor. This mentor serves as a counselor of sort,

but also assists with family needs and supports if needed. Connectors work as liaisons and

advocates for the students, parents, and school.

Continual “push-in” Support: Resource teachers check up on students in class, look at their

work products while they are doing independent work in class, review their assignments done

out of class, and more.

Co-taught Classrooms: Resource teachers often collaborate with general education teachers

and provide push-in classroom services. This often leads to co-teaching whereby both general

educator and special education teacher present on instruction to teach the course content.

Tier Three: Intensive Interventions: Students enter the learning environment with different

skill sets. An individual student’s Response to Intervention is unique and dependent on many

factors. To reach desired outcomes in school, some students may require additional or unique

instructional strategies or interventions beyond those typically available. An SST meeting will

determine which supports a student may need and continuously meet to discuss progress.

Furthermore, resource specialists work with some students needing this level of intervention

during tutoring and some selective school times. All teachers work to use differentiated

instruction and modeling as students master the general education curriculum. Lastly, resource

teachers and the special education director work independently with general education

teachers to devise in class accommodations and interventions for some students who may need

level 3 interventions.

26 Bright Star Schools – Special Education Manual

RESPONSE TO INTERVENTION (RTI) PROCESS AND BELIEFS

RESPONSE TO INTERVENTION (RTI) PROCESS:

All students receive Tier One strategies and interventions.

From observation and assessments, the classroom teacher identifies students who are

struggling academically and/or behaviorally.

The classroom teacher refers the students to the SST.

The SST, along with the classroom teacher and parent, develop a Tier Two Action Plan.

The student completes Tier Two activities.

The SST reconvenes for progress monitoring.

If student has made adequate progress, student returns to Tier One status with built in

progress monitoring by the SST.

If student has not made adequate progress, the SST develops a Tier Three Action Plan.

Student completes Tier Three activities.

SST reconvenes.

If student has made adequate progress, student returns to Tier Two status and, after

monitoring progress, returned to Tier One status.

If student has not made adequate progress, student may then be referred, upon team

agreement, for evaluation by the special education department.

CORE BELIEFS WITHIN RTI

We can effectively teach all children.

Intervene early

Use a multi-tier model of service delivery.

Use a problem-solving method to make decisions within a multi-tier model.

Use research-based, scientifically proven instruction

Monitor student progress to inform instruction

Use data to make decisions

Use assessment for 1) screening, 2) diagnostics, & 3) progress monitoring

27 Bright Star Schools – Special Education Manual

STUDENT SUCCESS TEAMS (SSTS)

The Student Success Team (SST) was established to provide a positive, problem-solving process

to identify strategies and programs that may resolve or alleviate academic, attendance, health,

social or behavioral problems that are preventing a student from having academic success.

Student Success Team meetings are scheduled for students who have varying needs, such as

they have repeated a grade level, are working below grade level expectations, or are having

other difficult factors hinder them from success. The SST team consists of the site

administrator or designee, classroom teacher(s), parent or legal guardian, and the student.

Occasionally counselors, coaches, or other involved adults will attend. Students are typically

referred by the classroom teacher, but any member of the school staff, and parent as well, may

request support from the SST for a student whose learning, behavior and, or emotional needs

are not being met.

STUDENT SUCCESS TEAM (SST) PROCESS

1. Concerned staff member(s) or parent(s) refers student to the SST.

2. Information related to student is collected. This information could include: class work,

anecdotal records, grade reports/behavior logs, tests, homework, attendance, parent

information regarding the student’s academic and health history, parent/teacher

observations, teacher reports, and CASHEE and STAR reports.

3. The team establishes a meeting time when all members can participate and be actively

involved in the problem solving process.

4. The meeting is held to summarize concerns, to discuss and develop an action plan with

interventions.

5. If the plan is unsuccessful, a follow up meeting is held within 4-6 weeks to discuss other

alternatives.

STUDENT SUCCESS TEAM (SST) MEETINGS

When the SST is convened, the purpose of the meeting is stated. The classroom teacher

reports on the student’s progress and, or general concerns. Student information is reviewed

and discussed. The SST reviews and discusses the student’s strengths and challenges.

Stakeholders are given the opportunity to give input and reflect on the information given. The

SST Lead summarizes the team’s input and facilitates an action plan of intervention. The

preliminary action plan is discussed and modified as needed. All participants agree on the plan.

The meeting is documented through its minutes.

28 Bright Star Schools – Special Education Manual

STUDENT SUCCESS TEAM (SST) FOLLOW-UP

Follow up is a crucial step in the SST process. The team monitors on-going progress by re-

convening within a 4 to 6 week period and to keep the referring individual as well as the

student’s family informed of progress.

STUDENT SUCCESS TEAM (SST) RECOMMENDATION

As part of the SST process, the team may make recommendations for interventions and

accommodations to the student’s academic program. The SST may refer students for special

education evaluation or 504 plan, if the SST plan has been followed through, but no

measureable progress has been made and the SST suspects that the student has a disability.

REFERRAL FOR ASSESSMENT

Once the SST, school administration, or the family has made the referral for a learning disability

assessment, the case is referred to the caseload manager, who will send out the Assessment

Plan to the parent/legal guardian. The school has 15 days, not counting vacation days greater

than 5, to send this plan. The parent/legal guardian also has 15 days, not counting vacation

days greater than 5, to agree or not agree with the plan. The assessment plan describes the

types and purposes of the assessments that will be used with the student.

SUPPORTING STUDENTS WITH IEPS

All Special Education students are monitored annually through their IEPs. Annual meetings are

scheduled with the school and family to review placement, goals/objectives, and services.

Every three years, a tri-annual IEP is completed. At that time, the student is assessed to

determine if he/she remains eligible for special education services. Both parent/legal guardian

and the school have the right to request an IEP meeting at any time during the school year.

Requests should be in writing and submitted to the special education department.

Bright Star’s special education department is continuously growing. With three full time

resource specialists, this number is expected to grow as need arises. Services such as

Speech/Language, counseling, etc., are provided by an outside source, such as Total Education

Solutions or DirectEd. The amount of time each specialist gives to a student is determined by

the IEP Team.

29 Bright Star Schools – Special Education Manual

TYPICAL BRIGHT STAR POLICIES AND EXPECTATIONS

All students in Special Education are enrolled in the regular education program. Special

Education staff works with the student through either a pull-out or inclusive approach. The

amount of time spent in special education is determined by the IEP. Students with IEP’s are

enrolled in fully General Education courses and receive support either inside their classes or at

the resource centers. Students are in fully inclusive environments.

RETENTION AND PROMOTION OF SPECIAL EDUCATION STUDENTS

Bright Star Schools has a rigorous, high stakes academic program and wants all students to

meet its regular school goals. However, students with IEPs often require differentiated plans or

slightly accommodated paths towards promotion. If students do not meet their goals, IEP team

meetings may happen to discuss whether the student should be given different supports,

altered promotion paths, or even possibly retained for that particular grade level.

Modifications to the school goals are made through the IEP process. All retention decisions

must be made within an IEP team meeting.

EARNING A BRIGHT STAR SCHOOL DIPLOMA

In order for students to earn their high school diploma from Bright Star Schools, a student must

achieve their specified graduation goals. If students have not met their goals within 4 years, we

offer our services to students until they are 22 to reach the promotion goals. IEP teams shall

consider whether a student is on a diploma track or a certificate of completion track. If a

student in special education cannot earn a Bright Star Schools diploma, BSS will acknowledge

their completion of IEP goals through a certificate of completion. Additionally, the team will

consider transition goals and programs as a part of the students’ Individual transition plan

which may address possible transition programs depending on student level and need.

TRANSITION PLANS AND SERVICES

Transition plans and services are provided based on the recommendations of the IEP Team. Per

the requirements of the Los Angeles Unified School District, Bright Star Schools begins these

services at before the required age of 16, when the child is 14 years old. Transition plans aim to

help the student acquire necessary skills and experiences to have success in their education,

career, community involvement, and independent living skills.

30 Bright Star Schools – Special Education Manual

SECTION 504: 504 PLANS

Section 504 of the 1973 Rehabilitation Act requires that students with physical or mental

impairment which substantially limits one or more major life activities may require a Section

504 Plan in order to access his/her education. This is not an IEP, nor is it considered special

education. However, it does require that some students receive certain accommodates to

address the student’s identified disability.

Students with physical or mental impairments, such as Attention Deficit Disorder, Chronic

Asthma, Diabetes, Severe Allergies, Cancer, Physical disabilities, and other Temporary

disabilities, may need accommodations that allow them to be successful at school, which is

outlined in a 504 plan. In a 504 plan, accommodations should be well defined, relevant,

realistic, and measurable. Language should be designed for all stakeholders to have consistent

implementation of the accommodations. A 504 Plan does not provide services such as a

student would get with an IEP.

At Bright Star Schools, a 504 Designee facilitates the 504 plan process (the designee can be any

certificated staff member the principal selects; recommended staff include counselors,

assistant principals, RSP teachers). A 504 team schedules the meeting, after gathering

information from various sources such as parentally-supplied information and records,

cumulative records, report cards, attendance records, disciplinary logs, health records, test

scores, and any other useful information from observations. The following questions must be

answered to create a 504 plan:

Does the student have a physical or mental disability?

Does the student’s disability impair a major life activity?

Is the degree of impairment substantial?

Does student require a Section 504 Plan in order for their educational needs to be met?

If the team determines that the student meets the federal definition of “disabled” under

Section 504, then a “Section 504 Plan” is created. Accommodations are listed on the 504 plan

documents that enable the student to have the same access to the instructional program as

adequately as his/her non-disabled peers. Some examples include: an assignment notebook,

seating the student closer to the teacher, a specific amount of extra time to complete an

assignment. The accommodations given should provide access to the core curriculum without

substantially changing the content. The 504 designee will then coordinate implementation of

the accommodations documented in the 504 Plan, including distribution and period check-ins

of implementation.

For more information on 504 plans, contact your Bright Star School principal, assistant

principal, counselor, resource teacher or special education director.

31 Bright Star Schools – Special Education Manual

CHAPTER 5: LEGAL ASPECTS & DEFINITIONS

““A rewarding life is filled with challenge, so do not pity me. Give me a chance.”” – Thomas Gatu, Special Olympic Athlete

ADHERANCE WITH LAUSD ’S POLICIES

Bright Star schools operate within the jurisdiction of the Los Angeles Unified School District.

This means that we are required to uphold and adhere to the requirements set forth through

LAUSD’s various mandates. Within special education, specifically, Bright Star schools works to

meet all of the requirements from the Modified Consent Decree. One of the ways that Bright

Star works to meet these regulations is the use of their systems.

WELLIGENT SOFTWARE

Welligent is a web-based system for IEPs; it tracks selected services, present levels of

performances, and accommodations provided to students during the course of their education.

Welligent allows the monitoring of IEP timelines, services delivered, as well as the generation of

reports that comply with federal and state laws. All students must have an IEP stored within

the Welligent system. For those students who have an IEP from a different district than LAUSD,

student accounts are ordered through LAUSD and the IEP is then input into the Welligent

system. Also, for students who have never had an IEP before (initial evaluations), Welligent

accounts are created for these students as well to enter the IEP into. Bright Star has to wait

until LAUSD completes certain process (such as setting up Welligent accounts for students) to

begin IEP’s for students new-to-the district.

LOS ANGELES UNIFED SCHOOL DISTRICTS’ CONSENT DECREE

The Chanda Smith consent decree came in 1996 after a civil rights lawsuit was filed against Los

Angeles Unified School District for federal and state violations in special education. Modified in

2003, the consent decree now sets 18 specific goals for gauging the success of the district’s

special education programs. With a charter approved by Los Angeles Unified School District,

Bright Star schools are required to be in compliance with the consent decree. Los Angeles

Unified School District monitors Bright Star schools for compliance yearly.

32 Bright Star Schools – Special Education Manual

SEARCH AND SERVE

A requirement of the Chanda Smith consent decree, now titled “Modified Consent Decree,” is

that all schools under the umbrella of Los Angeles Unified School District search for and serve

students who have disabilities or are at risk for academic failure. The consent decree reflects

the commitment of the Board of Education that special education programs are in compliance

with all laws. In the beginning of all school years, Bright Star notifies families of the school’s

search and serve policies via various brochures and announcements.

UNIFORM COMPLAINT PROCEDURE

The Los Angeles Unified School District established the Complaint Response Unit (CRU)/ Parent

Resource Network (PRN) to join the Division of Special Education to respond to concerns of

parents of students with disabilities. CRU/PRN services may be accessed by calling (800) 933-

8133 or by visiting the unit at the administrative offices of the Los Angeles Unified School

District, located at 333 South Beaudry, 17th Floor, Los Angeles, California 90017.

The unit is responsible for accurately recording all parent inquiries and complaints that are

received by telephone or in writing. The District will provide parents with a written response

that satisfies the District’s legal obligations and may be one of the following:

1. A remedy and, where appropriate, the date by which the remedy shall be implemented;

2. Information that an appropriate referral has been made;

3. Suggested action the complainant may wish to take; or

4. A determination that the complaint has been investigated and determined to be

unfounded.

In addition the unit must provide accurate information and record all district and school

responses to specific parent inquiries. School district staff is expected to meet the following

performance standards when dealing with parent/guardian complaints:

a. 25% of complaints will be responded to within 5 working days.

b. 50% of complaints will be responded to within 10 working days.

c. 75% of complaints will be responded to within 20 working days.

d. 90% of complaints will be responded to within 30 working days.

The District will be required to report to the Independent Monitor on the status of each

complaint not resolved within 30 working days, at 5 working day intervals, until the complaint is

resolved. The PRN is staffed by parents of students with disabilities that have been trained in

responding to parent concerns and serves as a liaison to district staff regarding parent

complaints. If you need further assistance, please contact a parent facilitator at (800) 933-8133.

33 Bright Star Schools – Special Education Manual

HARRASSMENT POLICY

PROHIBITION OF HARASSMENT AND PROTECTION AGAINST RETALIATION

The School is committed to providing an educational environment free of sexual harassment, as

well as harassment based on factors such as race, religion, creed, color, ethnicity, national

origin, ancestry, age, medical condition, marital status, sex, sexual orientation, citizenship

status, disability or any other category protected by law. The School will not condone or

tolerate harassment of any type by any employee of any level, any student, or third party

vendor. The School also does not condone or tolerate harassment of its employees by any third

parties or students. The School will promptly and thoroughly investigate any complaint of

harassment and take appropriate corrective action, if warranted. The School will take all

reasonable steps to prevent discrimination and unlawful harassment from occurring. Sexual or

other unlawful harassment in employment violates the School’s policy and is prohibited under

Title VII of the Civil Rights Act (42 U.S.C. sections 2000e, et seq.) and the California Fair

Employment and Housing Act (Govt. Code sections 12940, et seq.). Harassment includes verbal,

physical or visual conduct that creates an intimidating, offensive or hostile working or

educational environment or that unreasonably interferes with job performance. Verbal

harassment includes, but is not limited to, epithets, derogatory comments or slurs based on a

protected category. Physical harassment includes, but is not limited to, assault, impeding or

blocking movement or any physical interference with normal work or movement, when

directed at a legally protected individual. Visual harassment includes, but is not limited to,

derogatory posters, cartoons or drawings of any sort.

34 Bright Star Schools – Special Education Manual

DEFINITIONS

The following definitions are designed to help understand the various terms and acronyms

commonly used in education and specifically special education. This dictionary is simply meant

to serve as a support guide in understanding the various vocabulary used in the field.

Accommodations: Changes in course content, teaching strategies, test preparation, location,

timing, scheduling, student responses or environmental structuring that do not substantially

change the standard or expectation for student performance.

Collaborate/Collaboration: The act of working together (SPED and GenED teachers together)

in order to ensure that students are receiving the most optimal learning aspects possible. It

may or may not involve co-teaching.

Co-Planning: A process by which the special education and the general education teachers

share planning, modifications, and evaluations of instruction and behavioral support. This is

model may or may not involve co-teaching depending on scheduling of teacher meeting time.

Differentiation: The act of altering or adapting instruction and, or curriculum

DIS (Designated Instruction Services) Pullout: The provision of itinerant support services

outside of the general education classroom, which includes such programs as Speech/Language

and Occupational Therapy, as well as counseling services.

Modifications: Changes in course content, teaching strategies, standards, test presentation,

location, timing, scheduling, expectations, student responses or environmental structuring that

do substantially change the standards or level of expectation for student performance.

Resource: The type of special education setting where the majority of a student’s day is in

general education. A resource specialist (special education teacher) may co-teach or support

the students within the general education setting or occasionally pull the student out to do

intensive small group or one-on-one intervention.

Special Education Pullout: This is the provision of special education services connected to the

content curriculum, outside of the general education classroom for short periods of time, e.g.

Resource Specialist Program.

35 Bright Star Schools – Special Education Manual

COMMON ACRONYMS

APE Adapted Physical Education

ASL American Sign Language

AT Assistive Technology

BIP Behavior Intervention Plan

BSP Behavior Support Plan

DIS Designated Instruction and Services (Related Services)

ESY Extended School Year

FAA Functional Analysis Assessment

FAPE Free Appropriate Public Education

504 Section 504 of the Rehabilitation Act of 1973

IDEA Individuals with Disabilities Education Act

IEE Independent Educational Evaluation

IEP Individualized Educational Program

ITP Individual Transition Plan

LAUSD Los Angeles Unified School District

LRE Least Restrictive Environment

LEP Limited English Proficient

NPA Non-Public Agency

NPS Non-Public School

OCR Office of Civil Rights

OT Occupational Therapy

PT Physical Therapy

RSP Resource Specialist Program

SDP/SDC Special Day Program/Special Day Class

SST Student Success Team

36 Bright Star Schools – Special Education Manual

CHAPTER 6: RESOURCES FOR PARENTS AND STAFF

““Procrastination is the thief of time.”” – Sir Edward Young

RESOURCES

PARENT TRAININGS

The resource specialists at Bright Star Schools recommend visiting LAUSDs SELPA for any family

workshops or trainings that could benefit our families. LAUSD often holds trainings for parents

and families regarding various special education-based topics. The website address to locate

any parent trainings is: http://sped.lausd.net/sepg2s/pg3_parentcalendar.htm

Additionally, LAUSD has useful resources for any parents of students with special needs. Their

website for parent resources and more is: http://sped.lausd.net/

Information about the Complaint Response Unit can also be found on their website.

FOR MORE INFORMATION ABOUT EDUCATION IN GENERAL, VISIT THE CALIFORNIA

DEPARTMENT OF EDUCATION.

Website: http://www.cde.ca.gov/sp/se/

General: 916-319-0800

TTY/TDD: 916-445-4556

Mailing Address: California Department of Education

1430 N Street

Sacramento, CA 95814-5901

Related Brochures Available at Your Local School

Are You Puzzled By Your Child’s Special Needs? The IEP and You Informal Dispute Resolution for IEP Disagreements The ITP and You Least Restrictive Environment (LRE) Uniform Complaint Procedures Complaint Response Unit/Parent Resource Network

Other Informational Resources

If you would like more information about special education or have further questions regarding your child's education, you may contact any of the following:

Your child's teacher Your child's school principal

37 Bright Star Schools – Special Education Manual

CONTACTS

YOUR SPECIAL EDUCATION SUPPORT UNIT ADMINISTRATOR

Central/West Support Unit for schools in Local Districts 3 and 7

(323) 421-2950

East Support Unit for schools in Local Districts 4 and 5

(323) 932-2155

South Support Unit for schools in Local Districts 6 and 8

(310) 354-3431

REGIONAL CENTERS

Address Contac t Serving these communities…

Westside Regional Center 5901 Green Valley Circle, Suite 320 Culver City, CA 90230-6953

Michael Danneker (310) 258-4000

Western Los Angeles county including the communities of Culver City, Inglewood, and Santa Monica

South Central Los Angeles Regional Center 650 West Adams Boulevard, Suite 200 Los Angeles, CA 90007-2545

Dexter Henderson (213) 744-7000

Southern Los Angeles county including the communities of Compton and Gardena

Harbor Regional Center 21231 Hawthorne Boulevard Torrance, CA 90503

Patricia Del Monico (310) 540-1711

Southern Los Angeles county including Bellflower, Harbor, Long Beach, and Torrance

38 Bright Star Schools – Special Education Manual

DEPARTMENT OF REHABILITATION

Website: www.dor.ca.gov

Mid-Cities Branch (530-02)

(323) 290-5253 (Voice)

(323) 290-5258 (TTY)

5401 Crenshaw Blvd

Los Angeles, CA 90043-2407

Culver City Branch (440-03)

(310) 559-6140 (Voice)

6125 Washington Blvd., Suite 200

Culver City, CA 90232-7458

Bay Cities Branch (530-01)

(310) 793-1157 (Voice)

(310) 793-8610 (TTY)

15901 Hawthorne Blvd., Suite 110

Lawndale, CA 90260-2656

Compton Branch (530-11)

(310) 637-1151 (Voice)

(310) 637-6526 (TTY)

322 W. Compton Boulevard, Suite 101

Compton, CA 90220-3175

Pacific Gateway Branch (530-03)

(310) 217-6955 (Voice)

1149 West 190th Street, Suite 2200

Gardena, CA 90248-4333

(More Locations available-May be located on Website)

39 Bright Star Schools – Special Education Manual

Bright Star Schools

5800 Hannum Avenue, Suite 130

Culver City, CA 90230

Phone 323.954.9957

Fax 310.649.5580