
INDIVIDUAL PROTECTIONS IN SPECIAL
EDUCATION PROGRAMS
All school districts in San Benito County
are part of the San Benito County Special Education Local Plan Area (SELPA).
Special Education services are available for all children who qualify as an
individual with exceptional needs. Referral procedures are available at
each school district office.
Anyone who believes a local public agency
is in violation of federal or state laws or regulations governing special
education programs may file a written complaint with the State
Superintendent of Public Instruction.
Complaints submitted to the Superintendent
of Public Instruction must include a statement(s) of the specific concerns
of the person filing the complaint, including the laws alleged to be
violated. In addition, the complaint should include all information
necessary to support it.
Hearing requests must be made in writing and sent
to:
Special Education Hearing Office
Institute for Administrative Justice
McGeorge School of Law
3200 Fifth Avenue
Sacramento, CA 95817
CHILDREN ATTENDING PRIVATE SCHOOLS
Children who are enrolled by their parents in private
schools may participate in publicly funded special education programs.
However, while school districts have the clear responsibility to offer a
free and appropriate public education to students with disabilities, recent
changes to federal law have significantly limited the school district’s
responsibility to provide service to students whose parents have chosen to
attend private schools. Federal law limits the amount that school districts
may spend for these services to a proportionate share of federal IDEA
funds. The regulations clarify that there is no individual right to receive
some or all special education services the child would receive if enrolled
in public school. In the case where Special Education services are
provided, an Individual Service Plan (ISP) must be developed at a meeting
with the IEP team and representative of the private school.
For
further information regarding special education complaint procedures or
services for private school students, please contact your district’s Special
Education Administrator or Dr. Susan Villa, San Benito County SELPA
Director, 460 Fifth Street, Hollister, CA 95023. Phone: (831) 637-5393,
Ext. 112.
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