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Southwest SELPA
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Southwest SELPA
320 Knob Hill Avenue Redondo Beach, CA 90277
Phone (310) 944-3217 Fax (310) 944-3540
Southwest Special Education Local Plan Area
Parents’ Rights and Procedural Safeguards
Dear Parent(s)/Guardian(s)/Pupil:
This notice is provided to you because your child is being considered for possible placement or is currently enrolled in a special education program. This notice is also provided for children who are entitled to these rights at age 18. If your child is being referred for special education and all options of the general education program have been considered, and where appropriate utilized, for your child, you have the right to initiate a referral for special education.
In California, special education is provided to children with disabilities between birth and twenty-one years of age. Federal and state laws protect you and your child throughout the procedures for evaluation and identification of special education placement and services. Parents of children with disabilities have the right to participate in the individual education program process and be informed of the availability of a free appropriate public education and of all available alternative programs, including public and nonpublic programs.
You have the right to receive this notice in your primary/native language or other mode of communication (i.e., sign language or Braille), unless it is clearly not feasible to do so. These rights may also be translated orally to you if your primary/native language is not a written language. This notice will be given to you only one time a year, or upon: (1) your request; (2) the initial referral of your child for a special education evaluation; (3) reevaluation of your child; (4) removal of your child for violating a school code of conduct that constitutes a change in placement; (5) filing of a state complaint; and (6) receipt of a request for a due process hearing. If available, a copy of these procedural safeguards may also be accessible on your district’s website and may be sent to you, upon your request, by electronic mail. Please check with your local school district to determine if this option is available.
The definitions below will help you understand the statement of rights. Should you need further information regarding the contents or use of this guide, you may contact your school district of residence Special Education Director, whose telephone number is on the last page of this document.
Individual Education Program ("IEP"): A written document developed by your child's IEP team that includes at least all of the following: (1) present levels of academic achievement and functional performance; (2) measurable annual goals; (3) a statement of the special educational and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child; (4) an explanation of the extent to which the child will not participate with non-disabled children in the general education programs; (5) the projected date for initiation and the anticipated duration, frequency and location of the programs and services included in the IEP; and (6) appropriate objective criteria, evaluation procedures, and schedules for determining, on at least an annual basis, whether the child is achieving his or her goals.
Parent: The definition of parent includes: (1) person having legal custody of a child; (2) an adult student for whom no guardian or conservator has been appointed; (3) a person acting in place of a natural or adoptive parent, including a grandparent, stepparent, or other relative with whom the child lives; (4) a parent surrogate; and (5) a foster parent, if the authority of a natural parent to make education decisions on the child’s behalf has been specifically limited by court order.
The LEA must get parental consent, as described above, before assessing and/or providing special education and related services to your child. The LEA must make reasonable efforts to obtain a parent's informed consent before an initial assessment or reassessment of a child. If you refuse to consent to an initial assessment or a reassessment, the LEA may, but is not required to, use due process procedures to obtain your consent for the assessment. If you refuse to consent to the initial IEP placement and services, the LEA may not use the due process procedures described below to challenge your refusal to consent. However, when the LEA requests consent to the initial placement and services, and you do not provide it, the LEA will not be considered to be in violation of the requirement to make available a FAPE to your child. The LEA will also not be required to convene an IEP team meeting or develop an IEP when such consent is not provided after the LEA’s request.
If you refuse all services in your child’s IEP after having consented to those services in the past, the LEA must file a request for due process. You may consent in writing to the receipt of some components of your child's IEP, and those components of the IEP must be implemented by the LEA. If the LEA determines that the remaining component(s) of your child's IEP to which you do not consent is/are necessary to provide a FAPE to the child, the LEA must initiate a due process hearing.
Educational records are those records that are directly related to your child and maintained by a school district, agency, or institution that collects, maintains, or uses personally identifiable information, or from which information is obtained. Both federal and state laws further define an educational record as any item of information directly related to an identifiable pupil, other than directory information, which is maintained by a school LEA, or required to be maintained by an employee in the performance of his duties whether recorded by handwriting, print, tapes, film, microfilm, computer or by other means. Educational records do not include informal personal notes prepared and kept by a school employee for his/her own use or the use of a substitute. If records contain information about more than one child, you have access only to that portion of the record pertaining to your child.
Personally identifiable information may include: (1) the name of the child, the child’s parent or other family member; (2) the address of the child; (3) a personal identifier such as the child’s social security number, student number, or court file number; (4) a list of personal characteristics or other information that would make it possible to identify the child with a reasonable certainty.
If you believe that information in the education records collected, maintained or used by the LEA is inaccurate, misleading or violates the privacy or other rights of the child, you may request in writing that the LEA amend the information. If the LEA agrees with your request, the record will be amended and you will be informed.
Should the LEA refuse to make the amendment requested within 30 days, the LEA will notify you of the right to a hearing to determine whether the challenged information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of your child. If you request a hearing, the LEA will provide a hearing, within a reasonable time, which meets the following requirements: (1) the LEA must provide you with notice of the date, time, and place, reasonably in advance of the hearing; (2) the hearing may be conducted by any individual, including an official of the LEA, who does not have a direct interest in the outcome of the hearing; (3) the LEA shall give you a full and fair opportunity to present evidence relevant to the issues; (4) the LEA shall make its decision in writing within a reasonable period of time after the hearing; and (5) the decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision. You may, at your own expense, be assisted or represented by one or more individuals of your own choice, including an attorney.
If you propose a publicly-financed placement of your child in a nonpublic school, the LEA will have an opportunity to observe the proposed placement and the pupil in the proposed placement, if the pupil has already been unilaterally placed in the non-public school by the parent or guardian.
You have the right to present and resolve any complaint you have regarding your child's education. If you have any concerns relating to your child's educational program, the Southwest SELPA encourages you to bring your concerns to the attention of the teacher, school administrator, or your child's IEP team. You also have the right to attempt to resolve your dispute by accessing less adversarial options through the SELPA’s Alternative Dispute Resolution (ADR) program. If the LEA is not able to resolve your concerns through informal means, you may file a compliance complaint with either the LEA, or the CDE.
If your concern is related to a proposal or a refusal to initiate or change the identification, evaluation or educational placement of a child with a disability, the provision of a FAPE to the child, or a dispute over the availability of an appropriate program for your child, you may file a due process hearing complaint (described below). The LEA also has the right to file a due process hearing complaint on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation or educational placement of your child, the provision of a FAPE to your child, or a dispute over the availability of an appropriate program for your child.
Within sixty (60) days after your complaint is filed, the CDE will: (1) carry out an independent on-site investigation, if necessary; (2) give you the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint; (3) provide the LEA with the opportunity to respond to the complaint, including a proposal to resolve the complaint; (4) provide an opportunity for you and the LEA to agree voluntarily to engage in mediation; (5) review all relevant information and make an independent determination as to whether the LEA is violating a requirement of the IDEA and/or related State law; and (6) issue a written decision to you and the LEA that addresses each allegation in the complaint and contains findings of fact and conclusions, and the reasons for the final decision.
- A description of the actions proposed or refused by the LEA with an explanation of why the agency proposed or refused to take the action and a description of other actions considered and why those options were rejected.
- A description of each assessment procedure, test, record, or report the LEA used as a basis for the proposal or refusal.
- A description of other options considered by the IEP team and the reason why those options were rejected.
- A description of any other factors, which are relevant to the LEA's proposal or refusal.
- Notice that parents can obtain copies or assistance in understanding their rights and procedural safeguards from the Special Education Director of their child’s district of residence, the SELPA Director, or the CDE in Sacramento.
A written, signed mediation agreement is enforceable in any State court of competent jurisdiction (a court that has the authority under State law to hear this type of case) or in a district court of the United States. Discussions that happened during the mediation process must be confidential. They cannot be used as evidence in any future due process hearing or civil proceeding of any Federal or State court. If interested in mediation or any ADR service please contact (310) 546-1834 ext. 229 or sw_adr@lacoe.edu.
Due Process HearingA due process hearing is a formal proceeding presided over by an administrative law judge, which is similar to a court action. The hearing can be initiated by you or the LEA when there is a disagreement over a proposal or a refusal to initiate or change the identification, evaluation or educational placement of your child, the provision of a FAPE to your child, or a dispute over the availability of an appropriate program for your child.
Requests should be sent to: Office of Administrative Hearings ("OAH"), at the following address: Office of Administrative Hearings, Attn: Special Education Division, 2349 Gateway Oaks Drive, Suite 200, Sacramento, CA 95833-4231. Phone (916) 263-0880; FAX (916) 263-0890. The request for a due process hearing must be filed within two years from the date you knew or had reason to know of the facts that were the basis for the hearing request. This timeline does not apply to you if you were prevented from requesting a due process hearing earlier because the LEA: (1) misrepresented that it had resolved the problem which is the basis of your request; or (2) withheld information from you relating to the information contained in this notice. Your due process hearing complaint must include the following information: (1) your child's name; (2) your child's address (or, in the case of a homeless child, the available contact information); (3) the name of the school your child attends; (4) a description of the problem relating to the proposed initiation or change, including specific facts about the problem; and (5) proposed resolution to the problem to the extent it is known to you. You must provide the LEA with a copy of your request for due process. You (or the LEA) may not have a due process hearing until a due process hearing complaint that contains all of the information outlined above is filed. Within five days, OAH must decide if the due process complaint meets the requirements listed above and they will notify you and the LEA in writing if it is insufficient. If OAH determines that a due process complaint is insufficient, the party will have the opportunity to file a new complaint that meets the requirements listed above.If you request a due process hearing, within 15 days of receiving your request for due process, the LEA must convene a meeting with you, the relevant member(s) of your child's IEP team who have specific knowledge of the facts identified in the due process hearing request, and a LEA representative who has decision-making authority, to discuss a resolution to the issues raised. The meeting will not include the LEA's attorney, unless you are accompanied by an attorney.
Except where you and the LEA have both agreed, in writing, to waive the resolution process or to use mediation, your failure to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until you agree to participate in a meeting. If an agreement is reached at the resolution session, the agreement must be memorialized in writing and signed by both you and the LEA representative. After signing, both you and the LEA have 3 business days to void the agreement. If the LEA has not resolved the due process complaint to your satisfaction within 30 days of the receipt of the due process complaint (during the time period for the resolution process), the due process hearing may occur, and the applicable timeline for issuing a final decision begins.You and the LEA may agree, at any time prior to the commencement of the due process hearing to participate in a mediation of the dispute. An impartial mediator will be appointed by OAH at no cost to either party. Mediation extends OAH’s timeline to render its decision; however, mediation is not intended to deny or delay your right to a hearing, or any other rights.
If the issues which gave rise to the request for due process are not resolved by the resolution session or mediation, OAH must hold a hearing, reach a final decision on the issues in the case, and send a copy of the decision to the parties within 45 days of the expiration of the resolution period. The hearing must be held at a time and place that is reasonably convenient to the parties.Any party to a due process hearing has the right to: (1) a fair and impartial administrative hearing before a person knowledgeable in laws governing special education and administrative hearings; (2) be represented by an attorney or an advocate with knowledge and training related to the problems of children and youth with disabilities; (3) present evidence, written arguments, and oral arguments; (4) confront, cross-examine, and require witnesses to be present; (5) obtain a written or at your option, electronic verbatim record of the hearing; (6) obtain written or at your option, electronic findings of fact and decisions, within 45 days after the expiration of the resolution session time period; (7) receive notice from the other party, at least ten days prior to the hearing, that it intends to be represented by an attorney; (8) be informed by the other party, at least ten days prior to the hearing, of their issues and their proposed resolutions; (9) receive a copy of all documents, including assessments completed by that date and recommendations, and a list of witnesses and their general area of testimony at least five business days before the hearing; (10) have your child present at the hearing; (11) have the hearing open or closed to the public; (12) have an interpreter provided; (13) request an extension of the hearing timeline for good cause; and (14) request that your child's school district, the Southwest SELPA or OAH provide you with a list of individuals providing legal services or advocacy for children with disabilities.
The hearing decision is final and binding on both parties. Either party may appeal the decision by filing an appeal in the appropriate court. In a civil action, the records and transcription of the administrative proceedings will be filed with the court. The court may hear additional evidence at the request of either party and must base its decision on the preponderance of the evidence. This appeal must be made within ninety (90) days after the date of the decision of the Administrative Law Judge. Once a request for due process is received by the LEA, during the resolution process time period, and while waiting for the decision of any impartial due process hearing or court proceeding, the child must remain in his or her current educational placement, unless the parent and the LEA agree otherwise. If your request for due process involves an application for initial admission to public school, your child, with your consent, must be placed in the general public school program until the completion of all such proceedings. If your request for due process involves an application for initial services for a child who received services pursuant to an individual family services plan ("IFSP"), and has turned three, the LEA is not required to provide the IFSP services that your child had been receiving. If your child is found eligible for special education services from the LEA, and you consent for your child to receive special education services for the first time, then, pending the outcome of the due process proceedings, the LEA must provide those special education and related services that are not in dispute (those which you and the LEA both agree upon). If your child has been placed in an interim alternative educational setting ("IAES"), he or she will remain in the IAES for a maximum of 45 school days pending the due process hearing, or until the expiration of the time period for the IAES, whichever occurs first. Attorneys’ Fees A court, in its discretion, may order that a LEA pay reasonable attorneys’ fees to the parent of a child with disabilities if the parent prevails at a due process hearing. Additionally, the LEA may be awarded attorneys’ fees against the attorney of a parent, or against a parent, who files a complaint or subsequent cause of action that is frivolous, unreasonable, or without foundation, or who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation. The LEA may also be entitled to attorneys’ fees against the attorney of a parent, or against the parent, if the parent’s complaint or subsequent cause of action was presented for any improper purposes, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation. A court may reduce the amount of attorneys’ fee if: (1) the parent has unreasonably delayed the proceedings (unless the LEA also delayed the proceedings or violated due process procedures); (2) the fees unreasonably exceed the prevailing hourly rate in the community; (3) the time spent and legal services were excessive; (4) or the parent’s attorney did not provide the LEA with an appropriate due process complaint. A parent may not obtain additional attorneys’ fees or costs after the rejection or failure to respond within 10 days to an offer of settlement that is made by the LEA, at any time more than 10 days before the hearing or court action if the hearing officer or court finds that the relief finally obtained by the parents is not more favorable to the parents than the offer of settlement. Despite these restrictions, an award of attorneys’ fees and related costs may be made to a parent if you prevail and the court determines you were substantially justified in rejecting the settlement offer. Attorneys' fees may not be awarded to an attorney for attendance at an IEP team meeting unless the meeting has been convened as a result of an administrative proceeding, or a judicial action. A resolution meeting is not considered a meeting convened as a result of an administrative hearing or court action, and also is not considered an administrative hearing or court action for purposes of the attorneys’ fees provisions. Discipline Procedures Before a child with disabilities may be suspended from school for a period in excess of 10 days, or 10 cumulative days when such suspensions constitute a change in placement, the LEA must hold an IEP team meeting to determine whether the behavior subject to discipline was a manifestation of your child’s disability. The IEP team will determine whether the conduct in question was: (1) caused by, or had a direct and substantial relationship to your child’s disability; or (2) the direct result of the LEA’s failure to implement the child's IEP. Under special circumstances, your child may be removed from his/her placement to an IAES for a period not to exceed 45 school days. School officials are not prohibited by special education laws from reporting a crime committed by your child to appropriate authorities. Parents have the right to appeal a decision to suspend or expel special education students. When an appeal has been requested by either the parent or the LEA relating to the disciplinary placement of a child or the results of the manifestation determination meeting, the State shall arrange for an expedited hearing, which shall occur within 20 school days of the date the hearing is requested and shall result in a determination within 10 school days after the hearing. Your child is entitled to a stay put placement during appeals, however, if your child is placed in an IAES for 45 school days, placement will remain in that setting pending the decision by the hearing officer or until the expiration of the time period of the suspension, whichever occurs first. If an evaluation of the child is requested when disciplinary action is pending, the evaluation shall be conducted in an expedited manner. Pending such an evaluation, the child shall remain in an educational setting determined by school authorities. A child who has not previously been determined to be eligible for special education and related services may assert any of the protections provided under the IDEA if the LEA had knowledge that the child was a child with a disability before the occurrence of the behavior that caused disciplinary action. Knowledge shall be deemed if: (1) the parent expressed in writing to supervisory or administrative personnel of the school district, or the teacher of the child, that the child was in need of special education and related services; (2) the parent had requested an evaluation of the child; or (3) school personnel had expressed to the Special Education Director of the LEA or to other supervisory personnel specific concerns about a pattern of behavior demonstrated by the child. The LEA is not deemed to have knowledge if the parent has not allowed an evaluation of the child or has refused special education services or the child has been evaluated and it was determined that the child was not eligible for services. If the LEA did not have knowledge of the disability, the child will not receive the due process protections of the IDEA. Interim Alternative Educational Setting (IAES) An IAES is an educational placement or other setting or suspension that may be ordered by school personnel for a period not to exceed 10 school days (to the extent the alternative would be applied to children without disabilities). A decision to place a child in an IAES may be made by the IEP team when disciplinary action is contemplated by a LEA. Under special circumstances, the IAES may be ordered for a period not to exceed 45 school days when a child has committed one of the following offenses at school, on school premises or at a school function under the jurisdiction of a State or LEA: (1) carried or possesses a weapon; (2) knowingly possessed or used illegal drugs, or sold or solicited the sale of controlled substances; (3) inflicted serious bodily injury upon another person. If the LEA has not already done so, after placing the child in a forty-five school day IAES, the LEA shall conduct a functional behavioral assessment and implement a behavioral intervention plan (if one has not already been implemented). If such a plan is already in place, the IEP team shall consider its modification. The IAES shall be affirmed by the IEP team if it will enable the child to continue to participate in the general curriculum and to receive those services and modifications, including those described in the child’s current IEP, to meet the goals set out in the IEP and provide the modifications to address the offending behavior. Under federal law, a hearing officer may return a child with a disability to the placement from which the child was removed or order a change of placement for a child with a disability to an appropriate IAES for not more than 45 school days if the hearing officer determines that maintaining the current placement of such child is substantially likely to result in injury to the child or to others. At the time the decision is made to place a child in the IAES, the parents of the child have the right to be notified of the decision and provided written notice of all procedural safeguards under the disciplinary section of the IDEA. If a placement in an IAES is in excess of 10 school days, the IEP team must determine the appropriate setting and necessary services that will allow your child to continue to receive an educational benefit. Unilateral Placement in a Private School by Parent(s) The reimbursement to a parent for placement of a child in a private school or agency may be ordered by a hearing officer or court when it is determined that the LEA did not provide a FAPE to the child in a timely manner prior to the enrollment and that the private placement is appropriate. Reimbursement may be reduced if the parent failed to inform the LEA that they were rejecting the proposed placement and of their intent to place their child in a private school at public expense at the most recent IEP, or at least 10 business days prior to the removal of the child from public school. Reimbursement may also be reduced if, prior to the removal of the child from public school, the LEA informed the parent of its intent to evaluate the child, and parent refused to permit or did not make the child available for the evaluation. Reimbursement cannot be reduced if the LEA prevented the parent from giving notice; the parent had not received notice of the “written notice” requirement; or if compliance with the notice requirement would likely result in the physical harm to the child. The cost of reimbursement may or may not be reduced if the parent is not literate or cannot write in English, or compliance with the notice requirement would likely result in serious emotional harm to the child. Surrogate Parent Within 30 days of the local educational agency’s determination that a child is in need of a surrogate parent, the LEA will appoint a surrogate parent for a child if:- The child has been made a dependent or ward of the court, the court has specifically limited the right of the parent or guardian to make educational decisions for the child, and the child has no responsible parent or guardian to represent him or her; or
- The child is not a ward or dependent of the court and no parent or guardian can be located, or there is no caretaker of the child or the child is an unaccompanied homeless youth.
Alternatively, the surrogate parent can be appointed by the judge overseeing the child's care (as opposed to the LEA) provided that the surrogate parent meets the requirements described above.
Parental Consent 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 and from ages five 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 California Department of Education Web site at http://www.cde.ca.gov/sp/ss/, ask for more information from the members of your child’s IEP team or contact the SELPA Office.Compliance Officers
For Charter Schools in the Southwest SELPA, contact the SELPA Office.Custodian of Record
Mr. George Zuk | Phone: 310-263-3180 | Fax: 310-675-8010 |
| Centinela Valley UHSD | 14901 Inglewood Avenue | Lawndale, CA 90260 |
| Dr. Geoff Yantz | Phone: 310-615-2650 | Fax: 310-322-7939 |
| El Segundo USD | 641 Sheldon Street | El Segundo, CA 90245 |
| Dr. Helen Morgan | Phone: 310-676-2276 | Fax: 310-675-2308 |
| Hawthorne SD | 14120 Hawthorne Blvd. | Hawthorne, CA 90250 |
| Ms. Jen Camacho | Phone: 310-937-5888 | Fax: 310-376-4974 |
| Hermosa Beach SD | 1645 Valley Drive | Hermosa Beach, CA 90254 |
| Dr. Gregory Alexander | Phone: 310-419-2724 | Fax: 310-680-5137 |
| Inglewood SD | 401 S. Inglewood Avenue | Inglewood, CA 90301 |
| Ms. Libby Vracin | Phone: 310-973-1300 | Fax: 310-973-0897 |
| Lawndale SD | 4161 West 147th Street | Lawndale, CA 90260 |
| Ms. Dina Gamez | Phone: 310-330-4950 | Fax: 310-671-1795 |
| Lennox SD | 10319 Firmona Avenue | Lennox, CA 90304 |
| Mr. Jim Albanese | Phone: 562-803-8338 | Fax: 562-940-1801 |
| Los Angeles County Office of Education | 9300 Imperial Highway | Downey, CA 90242 |
| Mrs. Ellyn Schneider | Phone: 310-318-7345, x5912 | Fax: 310-303-3826 |
| Manhattan Beach USD | 325 South Peck Avenue | Manhattan Beach, CA 90266 |
| Mr. Walker Williams | Phone: 310-378-9966 | Fax: 310-791-2948 |
| Palos Verdes Peninsula USD | 375 Via Almar | Palos Verdes, CA 90274 |
| Mr. Frank DeSena | Phone: 310-937-1231 | Fax: 310-798-8689 |
| Redondo Beach USD | 1401 Inglewood Avenue | Redondo Beach, CA 90278 |
| Dr. Donald Stabler | Phone: 310-972-6061 | Fax: 310-972-6065 |
| Torrance USD | 2335 Plaza Del Amo | Torrance, CA 90509 |
| Dr. Tom Johnstone | Phone: 310-643-3025 | Fax: 310-643-7659 |
| Wiseburn SD | 13530 Aviation Blvd. | Hawthorne, CA 90250 |
| Ms. Mary P. Ring | Phone: 310-944-3217 | Fax: 310-944-3540 |
| Southwest SELPA | 320 Knob Hill Avenue | Redondo Beach, CA 90277 |
| Family Resource Center | Phone: 310-944-3217 |
For Charter Schools in the Southwest SELPA, contact the SELPA Office.
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