a pupil shall be referred for special educational instruction and services only after the resources of the regular

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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 Laguna Joint 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.

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Each school district should develop and implement targeted communication 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 Laguna Joint School District is currently using a variety of targeted communication methods with parents/guardians, including emails, website postings, phone calls, and in-person conferences.

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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 has been implemented The Laguna Joint 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 Laguna Joint School District has ensured all service providers understand their obligation to deliver services in accordance with each student’s agreed upon IEP.

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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. T21-822, Notice of Procedural Safeguards, English, Arial font California Department of Education Notice of Procedural Safeguards Special Education Rights of Parents and Children Under the Individuals with Disabilities Education Act, Part B, and the California Education Code. Revised June 2022 Note: The term school district is used throughout this document to describe any public education agency responsible for providing your child’s special education program. The term assessment is used to mean evaluation or testing. Federal and state laws are cited throughout this notice using English abbreviations, which are explained in a glossary at the end of this notification. What is the Notice of Procedural Safeguards? This information provides you as parents, legal guardians, and surrogate parents of children with disabilities from 3 years of age through age 21 and students who have reached age 18, the age of majority, with an overview of your educational rights or procedural safeguards. The Notice of Procedural Safeguards is required under the Individuals with Disabilities Education Act (IDEA) and must be provided to you: • When you ask for a copy • The first time your child is referred for a special education assessment • Each time you are given an assessment plan to evaluate your child • Upon receipt of the first state or due process complaint in a school year, and • When the decision is made to make a removal that constitutes a change of placement (20 United States Code [USC] Section 1415[d]; 34 Code of Federal Regulations [CFR] Section 300.504; California Education Code [EC] Section 56301[d] [2], EC Section 56321, and EC Section 56341.1[g] [1]) What is the IDEA? IDEA is a federal law that requires school districts to provide a “free appropriate public education” (FAPE) to eligible children with disabilities. A free appropriate public T21-822, Notice of Procedural Safeguards, English, Arial font California Department of Education education means that special education and related services are to be provided as described in an individualized education program (IEP) and under public supervision to your child at no cost to you. May I participate in decisions about my child’s education? You must be given the opportunity to participate in any decision-making meeting regarding your child’s special education program. You have the right to participate in IEP team meetings about the identification (eligibility), assessment, or educational placement of your child and other matters relating to your child’s FAPE. (20 USC Section 1414[d] [1]B–[d][1][D]; 34 CFR Section 300.321; EC Section 56341[b], and EC Section 56343[c]) The parent or guardian, and the local educational agency (LEA), has the right to participate in the development of the IEP and to initiate their intent to electronically audiotape the proceedings of the IEP team meetings. At least 24 hours prior to the meeting, the parent or guardian shall notify the members of the IEP team of their intent to record a meeting. If the parent or guardian does not consent to the LEA audiotape recording an IEP meeting, the meeting shall not be recorded on an audiotape recorder. Your rights include information about the availability of FAPE, including all program options, and all available alternative programs, both public and nonpublic. (20 USC sections 1401[3], and 1412[a][3]; 34 CFR Section 300.111; EC sections 56301, 56341.1[g][1], and 56506) Where can I get more help? When you have a concern about your child’s education, it is important that you contact your child’s teacher or administrator to talk about your child and any problems you see. Staff in your school district or special education local plan area (SELPA) may answer questions about your child’s education, your rights, and procedural safeguards. Also, when you have a concern, this informal conversation often solves the problem and helps to maintain open communication. You may also want to contact one of the California parent organizations such as the Family Empowerment Centers on Disability (FECs) or the Parent Training and Information Centers (PTICs) located across the state. These organizations were established to increase collaboration between parents and educators to improve the educational system and provide information, training, and additional resources for families of students and young adults with disabilities. Contact information for these organizations is found on the California Department of Education (CDE) Special T21-822, Notice of Procedural Safeguards, English, Arial font California Department of Education Education California Parent Organizations web page at https://www.cde.ca.gov/sp/se/qa/caprntorg.asp. Additional resources are listed at the end of this document to help you understand the procedural safeguards. What if my child is deaf, hard of hearing, blind, visually impaired, or deaf-blind? The State Special Schools provide services to students who are deaf, hard of hearing, blind, visually impaired, or deaf-blind at each of its three facilities: the California Schools for the Deaf in Fremont and Riverside and at the California School for the Blind in Fremont. Residential and day school programs are offered to students from infancy to age 21 at both State Schools for the Deaf. Such programs are offered to students aged 5 through 21 at the California School for the Blind. The State Special Schools also offer assessment services and technical assistance. For more information about the State Special Schools, please visit the CDE, State Special Schools web page at https://www.cde.ca.gov/sp/ss/index.asp, or ask for more information from the members of your child’s IEP team. Notice, Consent, Assessment, Surrogate Parent Appointment, and Access to Records Prior Written Notice When is a notice needed? This notice must be given when the school district proposes or refuses to initiate a change in the identification, assessment, or educational placement of your child with special needs or the provision of a FAPE. (20 USC sections 1415[b][3] and (4), 1415[c][1], and 1414[b][1]; 34 CFR Section 300.503; EC sections 56329 and 56506[a]) The school district must inform you about proposed evaluations of your child in a written notice or an assessment plan of your written request for evaluation. The notice must be understandable and in your native language or other mode of communication, unless it is clearly not feasible to do so. (34 CFR Section 300.304; EC Section 56321) T21-822, Notice of Procedural Safeguards, English, Arial font California Department of Education What will the notice tell me? The prior written notice must include the following: 1. A description of the actions proposed or refused by the school district 2. An explanation of why the action was proposed or refused 3. A description of each assessment procedure, record, or report the agency used as a basis for the action proposed or refused 4. A statement that parents of a child with a disability have protection under the procedural safeguards 5. Sources for parents to contact to obtain assistance in understanding the provisions of this part 6. A description of other options that the IEP team considered and the reasons those options were rejected; and 7. 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: 1. May not continue to provide special education and related services to the child, but must provide prior written notice in accordance with 34 CFR Section 300.503 before ceasing such services 2. May not use the procedures in subpart E of Part 300 34 CFR (including the mediation procedures under 34 CFR Section 300.506 or the due process procedures under 34 CFR Sections 300.507 through 300.516) in order to obtain agreement or a ruling that the services may be provided to the child 3. Will not be considered to be in violation of the requirement to make a FAPE available to the child because of the failure to provide the child with further special education and related services T21-822, Notice of Procedural Safeguards, English, Arial font California Department of Education 4. Is not required to convene an IEP team meeting or develop an IEP under 34 CFR sections 300.320 and 300.324 for the child for further provision of special education and related services Please note, in accordance with 34 CFR Section 300.9 (c)(3), that if the parents revoke consent in writing for their child’s receipt of special education services after the child is initially provided special education and related services, the public agency is not required to amend the child’s education records to remove any

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Sources for parents to contact to obtain assistance in understanding the provisions of this part

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A description of other options that the IEP team considered and the reasons those options were rejected; and

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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: