Special Education Process

Parents and school teams are encouraged to hold a Student Study Team (SST) meeting, a general education process, to review the student's strengths and areas of concern to determine if alternative instructional strategies, supports or accommodations are needed prior to special education referral.

A referral for special education assessment may come from a parent/guardian, or site team at any time.  A referral may be in writing or verbal. When a referral for assessment is received, an Assessment Plan must be considered by the school site team and a response provided to parents within 15 days either in the form of an Assessment Plan (AP) which outlines the areas of assessment that are being proposed or a Prior Written Notice (PWN) which outlines the reason(s) the request is being declined.  However, sites are encouraged to meet with families through the Student Support Team (SST) process, prior to that date, to discuss concerns and determine next steps. Given collaboration with the school site team, some families may reconsider their request if the student’s needs can be met with other interventions. 

If they agree to reconsider, this must be done via written request. If the assessment moves forward, parental consent is required within 15 days of parent’s receiving the assessment plan for the assessment to be initiated.  Site teams have 60 days from the day in which a signed assessment plan was received to complete the assessment and convene an Individualized Education Program (IEP) team meeting to review the evaluation results.

Eligibility for Special Education

Upon completion of the administration of tests and other evaluation materials, the determination of whether the student is an individual with a disability shall be made by the IEP Team, including the parents of the child and assessment personnel. The IEP Team will take into account all the relevant material which is available on the student. No single score or product of scores shall be used as sole criterion for the decision.  The assessment must be conducted by qualified personnel who are competent in the child's primary language or mode of communication and have a knowledge and understanding of the cultural and ethnic background of the pupil.

Three primary factors are considered in making this determination:

• Does the student meet the eligibility criteria as an individual with a disability? 

• Does the severity of the disability have an adverse effect on the student’s educational performance? 

• Does the child require special education and related services?

Per the IDEA and the California Code of Regulations (34 CFR 300.306) In making a determination of eligibility, a child shall not be determined to be a child with a disability if the child's educational needs are due primarily to: 

• Lack of appropriate instruction in reading, including the essential components of reading instruction; 

• Lack of instruction in math; 

• Limited English proficiency; 

• Temporary physical disabilities; 

• Social maladjustment; 

• Environmental, cultural, or economic factors; 

• Limited school attendance or poor school attendance. 

The IEP team consists of the parents and/or guardians, a school administrator, a special education teacher, a general education teacher, and other special education staff as determined by the team.  An IEP is a written document which includes instructional goals and/or benchmarks based upon the student's educational needs as specified by the IEP team.  The parent/guardian will be asked for written approval of the IEP at the meeting. No change in educational placement or program will occur without parent/guardian signed permission.  Parents/guardians may revoke consent for special education services at any time.  If a parent chooses to revoke consent to special education the district must grant that request without undue delay and the student then is returned full time to general education and no longer has the rights afforded to special education students.

Special Education students in PAUSD are first and foremost General Education students. The foundational tenets of the IDEA charge us to provide each special education student with a free appropriate public education (FAPE) in the least restrictive environment (LRE). LRE is the requirement in federal and state law that students with disabilities receive their education, to the maximum extent appropriate, with nondisabled peers. 

LRE isn't a place — it's a principle that guides a child's education program. The LRE for each child may look different because each student’s needs are unique.  IEP teams must consider LRE when making recommendations around special education eligibility, services, and placement.  Additionally, an IEP team must consider the harmful effects of removing a student from participation in the general education environment in order to provide special education support and services in any separate setting.

A student’s program will be reviewed by the IEP team at least once a year to develop a new IEP, determine progress in meeting established goals, and to determine new goals, services, and supports as appropriate.  An Eligibility Review occurs every three years, where assessments are completed to determine special education eligibility.  However, a parent or site IEP team may call an IEP team meeting anytime during the school year in order to address concerns around a student’s IEP such as mastery of goals or need for additional support.

Parents Rights/Procedural Safeguards