Kings County
Special Education Local Plan Area
POLICY/PROCEDURES
FREE APPROPRIATE PUBLIC EDUCATION
A free appropriate public education occurs within the context of a public education
setting. The District makes free appropriate public education available to all
eligible children with disabilities, who are between the ages of 3 and 21, inclusive.
(See Annual Service Agreements in the Exhibits).
The District conducts a full and individual initial evaluation prior to the provision
of special education and related services. The District ensures that an IEP is
developed, reviewed and revised for each child with a disability. The IEP is in
effect before special education and related services are provided to a child at the
beginning of each school year. A student transferring into the district from another
district within the SELPA is immediately placed in a district or agency program in
conformity with the student’s IEP (unless the parent agrees otherwise). For
students transferring into the district from a district not operating special education
programs under the same local plan, the IEP shall be implemented for a period not
to exceed 30 days before a new IEP is developed. Students who transfer from
outside California receive a free appropriate public education, including services
comparable to those described in the previously approved IEP until the local
educational agency conducts an assessment, if determined to be necessary, and
develops a new IEP.
The IEP is accessible to all service providers. The school site and any outside
agencies that will provide services are given a copy of the IEP. All teachers and
providers are informed of their specific responsibilities related to implementing the
IEP.
The IEP meets the unique needs of each individual in order for the student to
benefit from his or her educational opportunities. A variety of related services, and
other supportive services, is provided based on student's needs as required to assist
a child with a disability to benefit from special education. Students’ placements
and services are in accordance with their IEPs and, to the maximum extent
feasible, based on peer-reviewed research. The district provides special education
and related services in accordance with the child's IEP. Services are provided by
appropriately credentialed or qualified staff as defined in 5 CCR 3001.
A1
May 2011
 Related service providers are appropriately certified.
 Teachers who provide students with disabilities instruction in content areas
are highly qualified (i.e., bachelors degree; certified).
 Paraprofessionals are appropriately trained and supervised to serve students
with disabilities.
Students receive extended school year services as determined by the IEP team.
The District ensures that children with disabilities are included in general State and
district-wide assessment programs, with appropriate accommodations and
modifications, as documented in the IEP. When receiving instruction in the
general curriculum, children with disabilities have access to State Board of
Education approved instructional materials and course content consistent with
instruction provided to students without disabilities.
The length of the instructional day is the same as for age appropriate peers
including the same beginning and ending times, unless otherwise specified in a
student’s IEP.
State guidelines for low incidence disabilities are considered in the identification,
evaluation, planning, and provision of services and program reviews. Students
with low incidence disabilities have the opportunity to receive all or a portion of
their instruction in the regular classroom while being enrolled in special classes
taught by qualified teachers. For students with hearing impairments, amplification
devices, including hearing aides, are monitored consistently. As determined by the
IEP team, students with low incidence disabilities receive the services of
interpreters, transcribers, note takers, and/or readers.
Caseloads are within statutory limits, unless a waiver is obtained and has been
granted by the state board of education, specifically for resource specialist
caseloads exceeding 28 students.
To the maximum extent appropriate, children, including preschool children, are
educated with children who are not disabled and special classes, separate schooling
and other removal from the regular education environment occurs only when the
nature or severity of the disability of a child is such that education in regular
classes, including preschool classes, with the use of supplementary aids and
services cannot be achieved satisfactorily.
A2
May 2011
Legal Reference:
20 USC 1412
20 USC 1414
34 CFR 300.101
34 CFR 300.106
34 CFR 300.112
34 CFR 300.113
34 CFR 300.156
34 CFR 300.300
34 CFR 300.301
34 CFR 300.320
34 CFR 300.323
30 EC 56000
30 EC 56000.5
30 EC 56136
30 EC 56320
30 EC 56325
39 EC 56043
30 EC 56340
30 EC 56344
30 EC 56345
30 EC 56347
30 EC 56362
30 EC 56363
30 EC 56363.3
30 EC 56364.1
30 EC 56385
30 EC 56441.7
5 CCR 3001
5 CCR 3040
5 CCR 3051
5 CCR 3051.16
5 CCR 3051.18
5 CCR 3053-3054
5 CCR 3065
5 CCR 3100
A3
May 2011