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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?
6 Bright Star Schools – Special Education Manual
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.
15 Bright Star Schools – Special Education Manual
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).
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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.
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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)