SPECIAL EDUCATION

Individuals with Disabilities Education Act (IDEA) (Formally Public Law 94-142): Requires that a free and appropriate education in the least restrictive environment be offered to all handicapped pupils. A pupil shall be referred for special education instruction and services only after the resources of the regular education program have been considered and, where appropriate, utilized (E.C. 56303). Parents of children who may receive special placement shall be notified of all of their rights: i.e., no pupil may receive an individual psychological evaluation nor be placed in a special education program without written parental approval and without a conference about the results. Special education classes should help the pupil progress and have as much contact with regular pupils as possible. If appropriate programs are unavailable in the district, the parent may appeal the placement, have private diagnosis or request services in a private, non-sectarian school (E.C. 56031).

Parents of children, ages 0-21 years, have the right to request an educational assessment to determine eligibility for special education by contacting their local school principal whenever the parent believes the pupil is not making appropriate progress (E.C.26201). CAC 3081 (a) (2): Any individual, public agency, or organization may file a written complaint with the superintendent of Public Instruction with a copy to the district alleging a matter which, if true, would constitute a violation by that public agency of federal or state law or regulation governing special education and related services. E.C. 49423: Students who must take prescribed medication at school and/or who desire assistance of school personnel must submit a written statement from the physician detailing the amount, method and time schedule, and a statement as to how the district personnel should assist in carrying out the physician’s direction.