Marin County Grand Jury
• 2024-2025
• Agency Response
Response to:
Marin's Telecommunications Disconnect
a pupil shall be referred for special educational instruction and services only after the resources of the regular*
⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 7 findings
F1
Communication with parents and guardians regarding special education services and resources at every child's development stage is critical to identifying whether children have learning differences. Response: Partially Agree The Marin County Special Education Local Plan Area (SELPA) Operational Steering Committee agrees that communication with parents regarding the provision of special education services is critical; however, the Marin County SELPA Operational Steering Committee believes that the timing of these communications is also critical. Discussions with parents/guardians regarding a student's academic and/or behavioral performance typically centers on the child's present levels when compared to developmental milestones or age/grade level behavioral/academic expectations and not the provision of special education services - unless such discussions are warranted. Discussions regarding the provision of special education may be warranted when all general education interventions designed to address the presenting skill deficit(s) have been exhausted or when a student is demonstrating acute educational needs that likely could not be addressed without the provision of special education support and services. This communicative approach is driven by Education Code section 56303, which states that "a pupil shall be referred for special educational instruction and services only after the resources of the regular education program have been considered and, where appropriate utilized." To ensure that all parents and guardians are made aware of the availability of special education services in general, all school districts are required to provide annual notice regarding special education and the Child Find process to all families of children enrolled within the district (see the 2024-2025 Miller Creek School District's Annual Notice driven by California Education Code 56301 attached). Additionally, when general education supports are not successful in addressing a student's needs California Education Code 56301 requires that all children who are or may be in need of special education and related services, are identified, located, and assessed. It is at this time, when the "Child Find" process has been initiated and a student is suspected of having a disability, that specific communication related to special education services takes place with the parent/guardian. Once the Child Find process is activated, parents/guardians receive a more specific and comprehensive communication that provides a full explanation of a parent's/guardian's special education rights within the thirteen identified categories identified within California Education Code. The statement of rights, commonly referred to as "Procedural Safeguards," is provided to parents upon initial referral for special education services and at least annually thereafter if the child is receiving special education services (see sample Procedural Safeguards attached). All of the activities above permit the Marin County SELPA's member school districts to meet or exceed their Child Find obligations under state and federal law.
Related Recommendations (1)
R1
education services and resources available to their students, such as Matrix and the Special Education Local Plan Area. Response: The recommendation has been implemented This recommendation has been implemented. All Marin County SELPA member school districts are providing notice to families annually about special education, including the facilitation of an annual Individualized Education Program (IEP) meeting with parents/guardians to discuss special education services. Each school district should develop and implement targeted communication strategies
F2
Many school districts do not have sufficient information on their website to inform parents and guardians of their rights under federal and state laws to have their children assessed to determine whether they are entitled to special education services. Response: Partially Agree At the time the Grand Jury Report, To Learn or Not to Learn: Are Children with Learning Differences Set Up for Success?, was released, the Marin County SELPA's records indicated that only three (3) out of the seventeen (17) Marin County school districts did not have information about special education available on their district website. Further, there are currently no federal or state statutes that require school districts to post information on their website to inform parents/guardians of their rights under federal and/or state laws related to having their children assessed to determine special education eligibility. Although websites do serve an important function for school districts related to generalized one-way communication with the community, the Marin County SELPA Operational Steering Committee believes that there are much more effective and proactive ways in which school districts elect to communicate with families regarding the federal and state laws pertaining to special education. These communication approaches include, but are not limited to, in-person meetings, phone calls, student study teams meetings, and Individualized Education Program (IEP) meetings. Each school district should have information on its website describing the services
Related Recommendations (1)
R2
tailored to all parents and guardians regarding their student's rights concerning learning differences. Response: The recommendation has been implemented This recommendation has been implemented. All Marin County SELPA member school districts are currently using a variety of targeted communication methods with parents/guardians, including emails, website postings, phone calls, and in-person conferences. .
F3
available for students with learning differences. Response: Partially Agree The Marin County SELPA Operational Steering Committee believes that all parents/guardians should know what services are available to students with disabilities under the Individuals with Disabilities Education Act (IDEA). To support this notion, the Marin County SELPA annually develops and adopts a special education service plan consistent with California Education Code 56205(b)(2). The service plan (see attached Marin County SELPA 2024-2025 Service Plan) includes a description of special education services to be provided by each Marin County SELPA member school district, including the nature of the services and the physical location at which the services will be provided, including alternative schools, community day schools operated by districts, community schools operated by county offices, and juvenile court schools. Following submission and approval by the California Department of Education, the service plan is posted to the Marin County SELPA website. Additionally, in collaboration with the Marin County SELPA's member school districts, the Marin County SELPA shares a description of the special education programming available within Marin County SELPA's member school districts. The information is updated on an annual basis and can be accessed on the Marin County SELPA website (see https://selpa.marinschools.org/about-selpa). The itemized description of available special education programming works to illustrate the continuum of special education programming options available within the Marin County SELPA. The Marin County SELPA Operational Steering Committee believes It would be inappropriate to attempt to describe the specific special education services available under the IDEA on each school district's website. Every student with an Individualized Education Program (IEP) is unique and the range of services that may be appropriate to support the student is directly connected to the student's identified needs and the
Related Recommendations (1)
R3
Each school district should use the Special Education Information System service tracking module to track every student's Individualized Education Programs allocated service hours and the hours provided to each student. Response: The recommendation will not be implemented There are no findings with the Civil Grand Jury's report that each of the Marin County SELPA's member school districts are not effectively tracking Individualized Education Program (IEP) service delivery. Further, all Marin County SELPA member school districts are using a service delivery tracking system consistent with the California Department of Education's guidelines1. Each of the Marin County SELPA's member school districts have the autonomy to select and utilize the service tracking tool that works best for their school district and their school district's data collection and reporting systems. Therefore, the recommendation is not warranted. The Marin County Office of Education should analyze each school district's Individualized
F4
The Special Education Information System is a valuable tool that, when used consistently, will increase the likelihood that students with learning differences will have their Individualized Education Programs effectively administered, thereby increasing the chances of success for those students. Response: Partially Agree The Marin County SELPA Operational Steering Committee believes that Special Education Information System (SEIS) is a valuable tool that supports the Marin County SELPA's member school districts with online access to develop Individualized Education Programs (IEPs), manage special education data, submit California Longitudinal Pupil Achievement Data System (CALPADS) reports, and track IEP service delivery. However, there are no findings in the Civil Grand Jury's report that suggest that the use of SEIS specifically or exclusively is connected to an increase in the effective administration of IEPs, or in student success. Many school districts do not use the Special Education Information System to track
Related Recommendations (1)
R4
Education Programs compliance data and make the results available to the public in its annual report. Response: The recommendation will not be implemented As noted in this Civil Grand Jury report on , the California Department of Education is required to establish a rigorous data collection process and evaluation program for monitoring the delivery of special education services to students with Individualized Education Programs (IEPs). The Marin County SELPA Operational Steering Committee believes that responsibility for monitoring and analyzing service delivery rests with the California Department of Education. 1 "LEAs should have a clear, documented process for tracking the implementation of IEP services throughout the year in preparation for any audits; have a clear understanding of how your special education data systems tracks services; ensure all service providers are clear on their obligation to provide services consistent with the IEP" (IEP Implementation Data Collection; CDE Presentation for the SELPA Administrators of California, April 29, 2024). Presentation materials are attached. ANNUAL NOTICE TO PARENTS 2024-2025 DEAR PARENT/GUARDIAN: Section 48980 of the Education Code of California requires that notice be given at the beginning of the first semester or quarter of the regular school term to the parent or guardian of the minor pupils in the school district regarding the rights of the parent or guardian under sections 35291, 46014, 46015, 48205, 48207, 48208, 49403, 49423, 49451, 49472, 51938, Chapter 2.3 (commencing with section 32255) of Part 19, and notice of the availability of the program prescribed by Article 9 (commencing with section 49510) of Chapter 9 and of the availability of individualized instruction under section 48206.3. Section 48982 requires that this Notice be signed and returned by the parent or guardian to the school. Signature and return of the attached form is acknowledgement by the parent or guardian that he or she has been informed of his or her rights but does not indicate that consent to participate in any particular program has either been given or withheld. Pursuant to parent request, the annual notification may be provided to the parent or guardian in electronic format by providing access to the notice electronically. If the notice is provided in electronic format, the parent or guardian must submit to the school a signed acknowledgment of receipt of this notice. Some legislation requires additional notification to the parents or guardians during the school term or at least 15 days prior to a specific activity. (A separate letter will be sent to parents or guardians prior to any of these specified activities or classes, and the student will be excused whenever the parents or guardians file with the principal of the school a statement in writing requesting that their child not participate.) Other legislation grants certain rights that are spelled out in this form. Accordingly, you are hereby notified as follows (when used in this notification "parent" includes a parent or legal guardian): all personally identifiable written records maintained by the school district STUDENT DISCIPLINE must be granted to: (1) Parents of students 17 and younger; (2) Parents of students age 18 and older if the student is a dependent for tax purposes and RULES AND PROCEDURES ON SCHOOL DISCIPLINE (EC §35291): the records are needed for a legitimate educational purpose; (3) Students Rules pertaining to student discipline, including those that govern age 18 and older, or students who are enrolled in an institution of suspension or expulsion, are set forth in Education Code Sections 48900 postsecondary instruction (called "eligible students"); (4) Pupils age 14 and and following, and are available upon request from the school. In addition, over who are identified as both homeless and an unaccompanied youth; (5) the following disciplinary information is provided to parents: Individuals who have completed and signed a Caregiver's Authorization DUTY CONCERNING CONDUCT OF PUPILS (EC §44807): Every teacher Affidavit. shall hold pupils accountable for their conduct on the way to and from Parents, or an eligible student, may review individual records by making a school, and on the playground. request to the principal. Districts must respond to a pupil record request by DUTIES OF PUPILS (5 CCR §300): Pupils must conform to school providing access no later than five business days following the date of the regulations, obey all directions, be diligent in study, be respectful of request. The principal will see that explanation and interpretations are teachers/others in authority, and refrain from profane/vulgar language. provided if requested. Information that is alleged to be inaccurate or inappropriate may be removed upon request. In addition, parents or eligible HAZING PROHIBITION (EC §48900(q)): Pupils and other persons in students may receive a copy of any information in the records at reasonable attendance are prohibited from engaging or attempting to engage in hazing. cost per page. District policies and procedures relating to: location of, and types of records; kinds of information retained; availability of certificated DRESS CODE/GANG APPAREL (EC §35183): The district is authorized to personnel to interpret records if requested; persons responsible for records; adopt a reasonable dress code. directory information; access by other persons; review and challenge of ATTENDANCE OF SUSPENDED PUPIL'S PARENT (EC §48900.1; LC records are available through the principal at each school. When a student §230.7): If a teacher suspends a student, the teacher may require the child's moves to a new district, records will be forwarded upon the request of the parent to attend a portion of the school day in his or her child's class. new school district within ten school days. At the time of transfer, the parent Employers may not discriminate against parents who are required to comply or eligible student may review, receive a copy (at a reasonable fee), and/or with this requirement. challenge the records. SCHOOL ACCOUNTABILITY REPORT CARD (EC §35256, 35258): If you believe the district is not in compliance with federal regulations Districts are to make a concerted effort to notify parents of the purpose of regarding privacy, you may file a complaint with the United States school accountability report cards, and ensure that all parents have access Department of Education (20 USC §1232g). to a copy. You have the right to inspect all instructional materials which will be used in connection with any survey, analysis, or evaluation as part of any applicable SAFE PLACE TO LEARN ACT (EC §234.1): The district is committed to program. maintaining a learning and working environment that is free from bullying, as defined in EC §48900(r). Any student who engages in bullying of anyone in RELEASE OF PUPIL DIRECTORY INFORMATION (EC §49073, 34 CFR or from the district may be subject to disciplinary action up to and including 99.37): The district also makes student directory information available in expulsion. The district's policies and process for filing a complaint should be accordance with state and federal laws. This means that each student's publicized to pupils, parents, employees and agents of the governing board. name, birth date, address, telephone number, email address, major course The notice shall be in English and in the primary language of the recipient. of study, participation in officially recognized school activities, dates of For a copy of the district's anti-discrimination, anti-harassment, anti- attendance, degrees and awards received, and most recent previous public intimidation, and anti-bullying policies or to report incidences of bullying or private school attendance may be released in accordance with board please contact the district office. These policies shall be posted in schools policy. In addition, height and weight of athletes may be made available. Appropriate directory information may be provided to any agency or person and offices. except private, profit-making organizations (other than employers, potential employers or the news media). Directory information does not include SCHOOL RECORDS AND ACHIEVEMENT citizenship status, immigration status, place of birth, or any other information indicating national origin (except where the district receives consent as PUPIL RECORDS/NOTICE OF PRIVACY RIGHTS OF PARENTS AND required under state law). Names and addresses of seniors or terminating STUDENTS (EC §49063 et seq., §49069.7, §49073, 34 CFR 99.30, 34 CFR students may be given to public or private schools and colleges. Parents and 99.34, and the federal Family Educational Rights and Privacy Act): eligible students will be notified prior to the destruction of any special Federal and state laws concerning student records grant certain rights of education records. You have the right to inspect a survey or other instrument privacy and right of access to students and to their parents. Full access to PHYSICAL EXAMINATION; PARENT REFUSAL TO CONSENT (EC to be administered or distributed to your child that either collects personal §49451): A child may be exempt from physical examination whenever the information for marketing or sale or requests information about beliefs and parents file, annually, a written statement with the school principal stating practices and any instructional material to be used as part of your child's that they will not consent to routine physical exam of their child. Whenever educational curriculum. Please contact your child's school if you wish to there is good reason to believe the child is suffering from a recognized inspect such a survey or other instrument. contagious disease, the child will be excluded from school attendance. Upon written request from the parent of a student age 17 or younger, the VISION APPRAISAL (EC §49455): The district is required to appraise each district will withhold directory information about the student. If the student is student's vision during kindergarten, upon initial enrollment, and in grades 2, 18 or older or enrolled in an institution of postsecondary instruction and 5, and 8. Appraisal in the year immediately following a student's first makes a written request, the student's request to deny access to directory enrollment in grades 4 or 7 shall not be required. The vision appraisal shall information will be honored. Requests must be submitted within 30 calendar include tests for near vision, far vision, and color vision; however, color vision days of the receipt of this notification. (See attached form.) Additionally, shall be appraised once and only on male students. The evaluation may be directory information related to homeless or unaccompanied youths will not waived upon presentation of a certificate from a physician, surgeon, be released without the express written consent for its release by the eligible physician's assistant, or optometrist setting out the results of a determination pupil or guardian. of the student's vision, including visual aculty and color vision. This appraisal is not required if a parent files a written objection based on a religious belief RELEASE OF INFO TO MILITARY SERVICES REPS / RELEASE OF TELEPHONE NUMBERS (EC §49073.5; 20 USC §7908): Parents of with the principal. secondary students may request in writing that the student's name, address, SCOLIOSIS SCREENING NOTICE (EC §§49451 and 49452.5): In addition and telephone listing not be released to armed forces recruiters without prior to the physical examinations required pursuant to Section 100275 of the written parental consent. Health and Safety Code, the district may provide for the screening of every female student in grade 7 and every male student in grade 8 for the condition PARTICIPATION IN STATE ASSESSMENTS AND OPTION TO REQUEST known as scoliosis. EXEMPTION (EC § 60615, 5 CCR § 852): Pupils in applicable grade levels will participate in the California Assessment of Student Performance and DENTAL FLUORIDE TREATMENT (H&SC §104830 et seq.): Pupils will be Progress (CAASPP) except as exempted by law. Each year, a parent may provided the opportunity to receive the topical application of fluoride or other submit a written request to excuse his or her child from any or all parts of the decay-inhibiting agent to each pupil's teeth if the parent, or eligible pupil CAASPP assessments for that school year. If the parent submits the submits a letter stating that the treatment is desired. exemption request after testing begins, any test(s) completed before the request is submitted will be scored; the results will be included in the pupil's PUPIL NUTRITION/NOTICE OF FREE AND REDUCED PRICE MEALS records and reported to the parent, School district employees will not solicit (EC §§48980(b), 49510, 49520 and 49558): Needy children may be eligible or encourage any exemption request on behalf of a pupil or group of pupils. for free or reduced price meals. Details, eligibility criteria, and applications to participate in a free or reduced price meal program if it is available are HIGH SCHOOL CURRICULUM: NOTIFICATION REGARDING COLLEGE available at your child's school. Individual records pertaining to student PREPARATORY COURSES (EC §51229): Districts are required to provide participation in any free or reduced-price meal program may, under parents of each minor pupil enrolled in grades 9 to 12 written notice of appropriate circumstances, be used by school district employees to identify college admission requirements and career technical education courses. students eligible for public school choice and services pursuant to the federal Every Student Succeeds Act. When a household is selected for verification ADVANCED PLACEMENT EXAMINATION FEES (EC §48980(j), EC of eligibility for free and reduced meals, the District must notify the parent §52242): State funds are available to cover the costs of advanced placement that their child(ren)'s eligibility is being verified. examination fees. COMMUNICABLE DISEASES (EC §48216 and 49403): The district is authorized to administer immunizing agents to pupils whose parents have RELEASE OF STUDENT RECORDS/COMPLIANCE WITH SUBPOENA consented in writing to the administration of such immunizing agent. The OR COURT ORDER (EC §§49076 and 49077): Districts are required to district is required to exclude pupils who have not been properly immunized make a reasonable effort to notify parents in advance of disclosing student pursuant to Health and Safety Code 120325 and 120335. The district must information pursuant to a subpoena or court order. notify parents that they have two weeks to supply evidence either that the pupil has been properly immunized or is exempted from the requirement. All RELEASE OF STUDENT RECORDS TO SCHOOL OFFICIALS AND students entering kindergarten, advancing from sixth to seventh grade in the EMPLOYEES OF THE DISTRICT (EC §§49076(a)(1) and 49064(d)): district, or prior to his or her first admission to the district, will be required to Districts may release educational records, without obtaining prior written comply with the immunization requirements of Health and Safety Code parental consent, to any school official or employee, which would include section 120335, unless the student provides the district with a valid accountants, consultants, contractors, or other service providers, who have a exemption from a licensed physician. No new personal belief exemptions will legitimate educational interest in the educational record. be accepted. Students with personal-belief exemptions on file with the district as of January 1, 2016, shall be allowed to continue enrollment until entering the next grade span in the district. Grade spans are defined as birth through HEALTH SERVICES preschool, K-6, including transitional kindergarten, and 7-12. Students qualified for an individualized education program may access special SAFE STORAGE OF FIREARMS (EC § 49392): A local educational agency education and related services as required by his or her individualized serving pupils in kindergarten or any of grades 1 to 12, inclusive, shall, educational program. based upon model content from the California Department of Education, inform parents or guardians of California's child access prevention laws and MEDICATION (EC §49423, §49423.1): Any student who must take laws relating to the safe storage of firearms. The required notice must prescribed medication at school and who desires assistance of school include the following information related to the safe storage of firearms: personnel must submit a written statement of instructions from the physician Incidents of children bringing firearms to school can be reduced by storing and a parental request for assistance in administering the medication. firearms in a safe and secure manner, including keeping them in a locked Students may also carry and self-administer prescription auto-injectable container or secured with a locking device that renders the firearm epinephnne and prescription inhaled asthma medication upon the school's inoperable and storing firearms separately from ammunition. receipt of specified written confirmation with instructions for self- administration and authorization from the student's parent and physician or surgeon. The parent must release the school district and personnel from clove cigarettes, and electronic cigarettes that can deliver nicotine and liability for any harm resulting from the self-administered medication, and nonnicotine vaporized solutions. Exceptions may be made for the use or provide a release for authorized school personnel to consult with the possession of prescription nicotine products. Any employee or student who physician or surgeon. violates the district's tobacco-free schools policy shall be asked to refrain from smoking and shall be subject to disciplinary action as appropriate. MEDICAL AND HOSPITAL SERVICES FOR PUPILS (EC §§49471 and 49472): The district is required to notify parents in writing if it does not STUDENT SERVICES provide or make available medical and hospital services for students injured while participating in athletic activities. The district is also authorized to MINIMUM AGE OF ADMISSION TO KINDERGARTEN (EC §48000): A provide medical or hospital services through non-profit membership child shall be eligible for enrollment in kindergarten at the beginning of the corporations or insurance policies for student injuries arising out of school- school year or at a later time in the same year, if the child has their fifth related activities. birthday, respectively, on or before September 1. For the 2024-25 school AVAILABILITY OF INDIVIDUALIZED INSTRUCTION/PRESENCE OF year, any child who will have their fifth birthday between September 2 and PUPIL WITH TEMPORARY DISABILITY IN HOSPITAL (EC §§48206.3, June 2 shall be admitted to a transitional kindergarten program in 48207-48208): Individualized instruction is available to students with accordance with law and district policy. On a case-by-case basis, a child who temporary disabilities whose disability makes attendance in the regular day has reached age five after the date listed above but before the end of the classes or alternative education program in which the student is enrolled applicable school year, may be admitted to transitional kindergarten with the impossible or inadvisable. Parents of students hospitalized or with a approval of the child's parent and subject to board approval in accordance temporary disability shall notify the school district(s) where the student with EC §48000. A school district may place a child who will have their fourth attends, resides and/or where the student receives care if an individualized birthday on or before December 1 and is enrolled in a California state instruction program is desired. preschool program into a transitional kindergarten program classroom in accordance with EC §48000. CONTINUING MEDICATION REGIMEN (EC §49480): Parents of any student on a continuing medication regimen for a non-episodic condition PREGNANT AND PARENTING PUPILS (EC §§ 221.51, 222, 222.5. shall inform the school nurse or other designated certificated school 46015): Districts may not exclude nor deny any pupil from any educational employee of the medication(s) being taken, the current dosage, and the program or activity on the basis of the pupil's pregnancy, childbirth, false name of the supervising physician. (See attached form.) With the consent of pregnancy, termination of pregnancy, or recovery therefrom, and shall treat the parent, the school nurse may communicate with the physician and may these conditions in the same manner and under the same policies as any counsel with school personnel regarding the possible effects of the drug on other temporary disabling condition. A pregnant or parenting pupil is entitled the child's physical, intellectual, and social behavior, as well as possible to 8 weeks of parental leave, or additional leave if deemed medically behavioral signs and symptoms of adverse side effects, omission, or necessary by the pupil's physician. During parental leave, absences shall be overdose. excused and the pupil shall not be required to complete academic work or SUN PROTECTIVE CLOTHING/USE OF SUNSCREEN (EC §35183.5): other school requirements. After return from parental leave, a pupil may School sites must allow for outdoor use of sun-protective clothing and must resume the course of study in which he/she was previously enrolled, is allow students to use sunscreen, without a prescription or physician's note, entitled to make up work missed, and to take a fifth year of high school instruction if necessary to complete graduation requirements. A pupil may during the school day. elect to attend an alternative education option instead of returning to the ASBESTOS (40 CFR 763.84, 40 CFR 763.93): The district has a plan for school in which he or she was enrolled prior to parental leave. Schools shall eliminating health risks that are created by the presence of asbestos in provide reasonable accommodations to a lactating pupil on a school campus school buildings. It may be reviewed at the district office. At least once each to express breast milk, breast-feed an infant child, or address other needs year, the district will notify parents of inspections, response actions, and related to breast-feeding. A pupil shall not incur an academic penalty as a post-response action activities that are planned or in progress. result of his or her use of these accommodations. USE OF PESTICIDES (EC §§17611.5, 17612 and 48980.3): School districts PROSPECTUS OF SCHOOL CURRICULUM (EC §49091.14): The are required to inform parents about the use of pesticides on school grounds curriculum of every course offered by the schools of the district is compiled and provide access to the integrated pest management plan when certain annually by each school in a prospectus. Each school prospectus is pesticides are used. (See attached.) available for review upon request at each school site. Copies are available COMPREHENSIVE SCHOOL SAFETY PLAN (EC §§32280 et seq.): Each upon request for a fee not to exceed the actual copying cost. school is required to report on the status of its school safety plan, including a MULTILINGUAL EDUCATION (EC §310): If the district implements a description of its key elements, in the annual school accountability report language acquisition program pursuant to EC §310, information on the types card (SARC). The planning committee is required to hold a public meeting to of language programs available and a description of each program will be allow members of the public the opportunity to express an opinion about the made available with this notice or upon enrollment. school plan. The planning committee shall notify specified persons and entities in writing. SPECIAL EDUCATION (IDEA): State and federal law requires that a free appropriate public education (FAPE) in the least restrictive environment be NOTICE OF COMPLIANCE (EC §32289): A complaint of noncompliance offered to qualified pupils with disabilities ages 3 through 21 years. More with the school safety planning requirements may be filed with the State information concerning student eligibility, parental rights and procedural Department of Education under the Uniform Complaint Procedures (5 CCR safeguards are available upon request. 4600 et seq.). SPECIAL EDUCATION; CHILD FIND SYSTEM (EC §56301): Any parent suspecting that a child has exceptional needs may request an assessment TOBACCO FREE SCHOOLS (HS §104420): Use of tobacco products at any for eligibility for special education services through the school principal. time by students, staff, parents, or visitors, is strictly prohibited in district- Policy and procedures shall include written notification to all parents of their owned or leased buildings, on district property, and in district vehicles. This prohibition applies to all employees, students, and visitors at any school- rights pursuant to EC §56300. sponsored instructional program, activity, or athletic event held on or off SPECIAL EDUCATION COMPLAINTS (5 CCR §3080): State regulations district property. Prohibited products include any product containing tobacco require the district to establish procedures to deal with complaints regarding or nicotine, including, but not limited to, smokeless tobacco, snuff, chew, special education. If you believe that the district is in violation of federal or prevention education and research on student health behaviors and risks state law governing the identification or placement of a special education planned for the school year. Written and audiovisual educational materials student, or similar issues, you may file a written complaint with the district. used in such education are available for inspection. If arrangement for the State regulations require the district to forward your complaint to the State instruction is made after the beginning of the school year, parents will be Superintendent of Public Instruction. Procedures are available from your notified no fewer than 14 days prior to the commencement of any such school principal. instruction if the district elects to provide the instruction by outside consultants in class or during an assembly. The notice must include the date SECTION 504/DISABLED PUPILS (Section 504 of the Rehabilitation Act of instruction, the name of the organization or affiliation of each guest of 1973): Federal law requires the district to annually notify disabled pupils speaker and information stating that the parent has the right to request a and their parents of the district's non-discriminatory policy and duty under copy of the law pertaining to such instruction. Parents have the right to Section 504 of the Rehabilitation Act. excuse his or her child from all or part of the comprehensive sexual health and HIV prevention education by submitting a written request to the district. STATEMENT OF NONDISCRIMINATION (Title VI of the Civil Rights Act Those students whose parents do not submit a written request to excuse of 1964; Title IX of the U.S. Education Amendments of 1972; Americans them will receive such instruction. The law also authorizes the district, with Disabilities Act; Section 504 of the Vocational Rehabilitation Act of without prior parental consent, to use anonymous, voluntary and confidential 1973; EC §200 et seq.): The district does not discriminate on the basis of research and evaluation tools to measure student's health behaviors and gender, gender identity, gender expression, sex, race, color, religion, risks, including tests, questionnaires, and surveys containing age appropriate national origin, ethnic group identification, age, genetic information, mental or questions in grades 7 to 12 about the student's attitudes concerning or physical disability, sexual orientation, immigration status, or the perception of practices relating to sex. The district must notify parents in writing before any one or more of such characteristics. The district's policy of nondiscrimination such test, questionnaire, or survey is administered and provide them with an requires notification in native language if the district's service area contains a opportunity to review the materials. Parents have the right to excuse his or community of minority persons with limited English language skills. her child from such participation by submitting a written request to the school Notification must state that the district will take steps to assure that the lack district. of English will not be a barrier to admission and participation in district programs. This policy applies to all students insofar as participation in HEALTH INSTRUCTION/CONFLICTS WITH RELIGIOUS TRAINING AND programs and activities is concerned, with few exceptions such as contact sports. In accordance with federal law, complaints alleging noncompliance BELIEFS (EC §51240): Upon written request of a parent, students shall be excused from part of any school instruction in health if it conflicts with the with this policy should be directed to the school principal. Appeals may be religious training and beliefs of a parent. made to the district superintendent. A copy of the district's nondiscrimination policy is available upon request. SCHOOL ATTENDANCE/ATTENDANCE ALTERNATIVES EDUCATIONAL EQUITY REGARDLESS OF IMMIGRATION STATUS, CITIZENSHIP, OR RELIGION (EC §234.7): Children have a right to a free California law (EC §48980(g)) requires all school boards to inform each public education, regardless of immigration status, citizenship status, or student's parent at the beginning of the school year of the various ways in religious beliefs. When enrolling a child, schools must accept a variety of which they may choose schools for their children to attend other than the documents from the student's parent to demonstrate proof of child's age or ones assigned by school districts. Students who attend schools other than residency. No information about citizenship/immigration status or Social those assigned by the districts are referred to as "transfer students" Security number is required to enroll in school. Parents have the option to throughout this notification. There is one process for choosing a school provide a school with emergency contact information, including the within the district which the parent lives (intradistrict transfer), and potentially information of secondary contacts, to identify a trusted adult guardian who three separate processes for selecting schools in other districts (interdistrict can care for a minor student in the event the parent is detained or deported. transfer). The general requirements and limitations of each process are Parents have the option to complete a Caregiver's Authorization Affidavit or described as follows: a Petition for Appointment of Temporary Guardian of the Person, which may enable a trusted adult the authority to make educational and medical Choosing a School Within District in Which Parent Lives: decisions for a minor student. Students have the right to report a hate crime or file a complaint to the school district if they are discriminated against, The law (EC §35160.5(b)) requires the school board of each district to harassed, intimidated, or bullied on the basis of actual or perceived establish a policy that allows parents to choose the schools their children will nationality, ethnicity, or immigration status. The district will not release attend, regardless of where the parent lives in the district. The law limits choice within a school district as follows: information to third parties for immigration-enforcement purposes, except as required by law or court order. The California Attorney General's website
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whether the district has provided the service hours required by Individualized Education Programs. Response: Agree Data is not available electronically in Marin school districts to ascertain whether the
Related Recommendations (1)
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Highlighting school climate and connectedness;
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districts are providing the service hours required by their students' Individualized Education Programs. Response: Partially Agree While digital Individualized Education Program (IEP) service delivery data may not be available across all school districts in Marin County, all the Marin County SELPA's member school districts are recording and tracking IEP service delivery on an individual student level. If a parent/guardian has a question regarding the delivery of services to their student, the parent/guardian may request records from the school district to help determine if special education services are being delivered at the frequency and duration indicated in the last agreed upon IEP. Each school district will provide the requested information to the parent/guardian and work to address any reported discrepancies in service delivery, if needed.
Related Recommendations (1)
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(c) For purposes of this section, attendance at religious retreats shall not Ensuring all students have access to a broad course of study;
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The co-teaching method can reduce the negative connotations of a special education class by including the resource specialist in the general education classroom to assist students with learning differences. Response: Partially Agree The Marin County SELPA Operational Steering Committee believes that co-teaching is one method of instruction to assist students with learning differences in the general education classroom that may work to reduce any negative connotations associated with special education service delivery.
Related Recommendations (1)
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exceed one schoolday per semester.
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.