Marin County Grand Jury • 2024-2025 • Agency Response
Response to: Cyberattacks: A Growing Threat to Marin Government

Novato Dr. Tracy Smith*

Published: August 20, 2024 46 pages
View Original PDF

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 Novato Unified School District agrees that communication with parents regarding the provision of special education services is critical; however, the initial communication with the Novato Unified School District parents/guardians regarding special education services takes place when all general education interventions have been exhausted or the student is demonstrating acute educational needs that likely could not be addressed without the provision of special education support and services - and not before. The Novato Unified School District's communications with parents/guardians typically center on a child's present levels when compared to developmental milestones or age/grade level behavioral/academic expectations, not the provision of special education services -unless such discussions are warranted. The Novato Unified School District's 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, the Novato Unified School District provides annual notice regarding special education and the Child Find process to all families of children enrolled within the district (see the 2024-2025 Novato Unified School District's Annual Notice driven by California Education Code 56301 at this link on ). Additionally, when general education supports are not Engage. Inspire. Empower. BOARD OF TRUSTEES: Debbie Butler, Diane Gasson, Julie Jacobson, Magali Limeta, Greg Mack, Ross Millerick, Abbey Picus www.NUSD.org August 20, 2024 Page | 2 Novato Unified School District Response to the Marin County Grand Jury Report "To Learn or Not to Learn: Are Children With Learning Disabilities Set Up for Success?" successful in addressing a student's needs, and again consistent with California Education Code 56301, all children within the Novato Unified School District 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. Once the Child Find process is activated, the Novato Unified School District parents/guardians receive a more explicit and lengthy communication that provides a full explanation of parent's special education rights within thirteen identified categories. That statement of rights, commonly referred to as "Procedural Safeguards," is provided to Novato Unified School District parents upon initial referral for special education services and at least annually thereafter if the child is receiving special education services (see sample Attachment 1: Procedural Safeguards). All of the activities above permit the Novato Unified School District to meet or exceed their Child Find obligations under state and federal law.
Related Recommendations (1)
R1
Each school district should inform parents and guardians at least annually about special 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. The Novato Unified School District is currently 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
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 Novato Unified School District did have information about special education available on their website. With that said, there are currently no statutes, federal or state, 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 the Novato Unified School District website does serve an important function related to generalized one-way communication with our school community, the Novato Unified School District elects to communicate with families regarding the federal and state laws concerning special education in many other ways, such as in-person meetings, phone calls, student study teams meetings, and Individualized Education Program (IEP) meetings, etc.
Related Recommendations (1)
R2
strategies 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. The Novato Unified School District is currently using a variety of targeted communication methods with parents/guardians, including emails, website postings, phone calls, and in- person conferences.
F3
Each school district should have information on its website describing the services available for students with learning differences. Response: Partially Agree All parents/guardians should know what services are available to students with disabilities under the Individuals with Disabilities Education Act (IDEA). This is first accomplished by the Marin County Special Education Local Plan Area (SELPA) developing and adopting an annual special education service plan consistent with California Education Code 56205(b)(2). The plan (see Attachment 2: Marin County SELPA 2024-2025 Service Plan) includes a description of special education services to be provided by the Novato Unified School District, Engage. Inspire. Empower. BOARD OF TRUSTEES: Debbie Butler, Diane Gasson, Julie Jacobson, Magali Limeta, Greg Mack, Ross Millerick, Abbey Picus www.NUSD.org August 20, 2024 Page | 3 Novato Unified School District Response to the Marin County Grand Jury Report "To Learn or Not to Learn: Are Children With Learning Disabilities Set Up for Success?" including the nature of the services and the physical location at which the services will be provided. Additionally, the Marin County SELPA has a description of special education programming available within Marin County school districts consistent with the California Education Code 56361 requirement for a continuum of special education programming options to be available within each SELPA. This information is updated on an annual basis and can be accessed on the Marin County SELPA website (see https://selpa.marinschools.org/about-selpa). It would be misleading to attempt to describe the specific special education services available under the IDEA on the Novato Unified School District's website. Every student with an Individualized Education Program (IEP) is unique and the range of services available to a student is dependent on the identified needs of the student and the recommendation(s) of the IEP team. By design, IEP service delivery is something that cannot be meaningfully prepackaged into a list or description. More importantly, posting a listing of possible IEP services available to students removes the "Individualized" from the IEP.
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. District Response Response: The recommendation has been implemented The Novato Unified School District is using the Special Education Information System (SEIS) service tracking module and has effectively maintained the necessary information to track Individualized Education Program (IEP) service delivery. The Novato Unified School District has ensured all service providers Engage. Inspire. Empower. BOARD OF TRUSTEES: Debbie Butler, Diane Gasson, Julie Jacobson, Magali Limeta, Greg Mack, Ross Millerick, Abbey Picus www.NUSD.org understand their obligation to deliver services in accordance with each student's agreed upon IEP. August 20, 2024 Page | 5 Novato Unified School District Response to the Marin County Grand Jury Report "To Learn or Not to Learn: Are Children With Learning Disabilities Set Up for Success?"
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 Special Education Information System (SEIS) is a valuable tool that supports the Novato Unified School District with online access to develop Individualized Education Programs (IEPs), manage special education data, submit California Longitudinal Pupil Achievement Data System (CALPADS) reports, and track Individualized Education Program (IEP) service delivery. However, there are no findings in the 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.
Related Recommendations (1)
R4
The Marin County Office of Education should analyze each school district's Individualized 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 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 responsibility for monitoring and analyzing service delivery rests with the California Department of Education. Thank you for your continued attention and support of our public schools and our county's young people and families. Sincerely, Julie Jacobson Dr. Tracy Smith President, NUSD Board of Trustees Superintendent Engage. Inspire. Empower. BOARD OF TRUSTEES: Debbie Butler, Diane Gasson, Julie Jacobson, Magali Limeta, Greg Mack, Ross Millerick, Abbey Picus www.NUSD.org RESPONSE FORM: 2023-2024 Marin Civil Grand Jury Report Report Title: To Learn or Not to Learn: Are Children With Learning Disabilities Set Up for Success? Respondent/Agency Name: Novato Unified School District Submitter Name: Dr. Tracy Smith Title: Superintendent
F5
Many school districts do not use the Special Education Information System to track whether the district has provided the service hours required by Individualized Education Programs. Response: Agree
Related Recommendations (1)
R5
Sources for parents to contact to obtain assistance in understanding the provisions of this part
F6
Data is not available electronically in Marin school districts to ascertain whether the 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, the Novato Unified School District is recording and tracking IEP service delivery on an individual student level. If a parent/guardian has a question regarding the delivery of Engage. Inspire. Empower. BOARD OF TRUSTEES: Debbie Butler, Diane Gasson, Julie Jacobson, Magali Limeta, Greg Mack, Ross Millerick, Abbey Picus www.NUSD.org August 20, 2024 Novato Unified School District Response to the Marin County Grand Jury Report "To Learn or Not to Learn: Are Children With Learning Disabilities Set Up for Success?" services to their student, the parent/quardian may request records from the Novato Unified School District to help determine if special education services are being delivered at the frequency and duration indicated in the last agreed upon IEP. The Novato Unified School District will provide the requested information to the parent/guardian (electronically or otherwise) and work to address any reported discrepancies in service delivery, if needed.
Related Recommendations (1)
R6
A description of other options that the IEP team considered and the reasons those options were rejected; and
F7
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 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)
R7
A description of any other factors relevant to the action proposed or refused. (20 USC sections 1415[b][3] and [4], 1415[c][1], and 1414[b][1]; 34 CFR Section 300.503) Parental Consent When is my approval required for assessment? You have the right to refer your child for special education services. You must give informed, written consent before your child's first special education assessment can proceed. The parent has at least 15 days from the receipt of the proposed assessment plan to arrive at a decision. The assessment may begin immediately upon receipt of the consent and must be completed and an IEP developed of your consent. When is my approval required for services? You must give informed, written consent before your school district can provide your child with special education and related services. T21-822, Notice of Procedural Safeguards, English, Arial font California Department of Education What are the procedures when a parent does not provide consent? If you do not provide consent for an initial assessment or fail to respond to a request to provide the consent, the school district may pursue the initial assessment by utilizing due process procedures. If you refuse to consent to the initiation of services, the school district must not provide special education and related services and shall not seek to provide services through due process procedures. If you consent in writing to the special education and related services for your child but do not consent to all of the components of the IEP, those components of the program to which you have consented must be implemented without delay. If the school district determines that the proposed special education program component to which you do not consent is necessary to provide a FAPE to your child, a due process hearing must be initiated. If a due process hearing is held, the hearing decision shall be final and binding. In the case of reevaluations, the school district must document reasonable measures to obtain your consent. If you fail to respond, the school district may proceed with the reevaluation without your consent. (20 USC sections 1414[a][1][D] and 1414[c]; 34 CFR Section 300.300; EC sections 56506[e], 56321[c] and [d], and 56346). When may I revoke consent? If at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the public agency:

* 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.