SAN BENITO COUNTY SELPA

New Location Address:  Map

191 Alvarado Street-A1

Hollister, CA 95023

Mailing Address:

460 Fifth Street

Hollister, CA 95023

PUBLIC HEARING NOTICES

2018-19

Annual Service Plan & Annual Budget Plan

2017-18

Annual Service Plan & Annual Budget Plan

FERPA

The Family Educational Rights and Privacy Act (FERPA) sets out the requirements for the protection of privacy of parents and students, including privacy of student records. Generally, parents and/or students must provide written consent before an educational agency may disclose Personally Identifiable Information (PII). However, there are exceptions to this general rule. Specifically, an educational agency must provide PII when ordered by a court and is obligated to inform the parent or student that the court has ordered it to produce documents and/or data that includes those individuals’ PII and that such persons may object directly to the court regarding this disclosure through the Notice and Objection Form found at the following website http://www.cde.ca.gov/morganhillcase,

COMMUNITY ADVISORY COMMITTEE (CAC)

Norma Nichols, Chairperson

2018-2019 Calendar of Business Meetings & Parent Education Seminars

CAC BUSINESS MEETING AGENDAS

September 12, 2016

December 5, 2016

May 8, 2017

December 4, 2017 - CANCELLED

• Community Advisory Committee (CAC) Survey – English
• Community Advisory Committee (CAC) Survey – Spanish

  PARENT INFORMATION -- SPECIAL EDUCATION   

The New Freedom Initiative's Online Resource for Americans with Disabilities.

CALIFORNIA DEPARTMENT OF EDUCATION
1430 N Street
Sacramento, CA 95814

Information and resources to serve the unique needs of persons with disabilities so that each person will meet or exceed high standards of achievement in academic and nonacademic skills.

Dyslexia Resources

California Dyslexia Guidelines

LD Resources
Resources for people with learning disabilities
The LD Resources web site has been providing information for people with learning disabilities and people who work with people with learning disabilities since 1995.

LD OnLine.org
World's leading web site on learning disabilities and ADHD, serving more than 250,000 parents, teachers, and other professionals each month.

NICHCY stands for the National Dissemination Center for Children with Disabilities:

• Disabilities in infants, toddlers, children, and youth,
• IDEA, which is the law authorizing special education,
• No Child Left Behind (as it relates to children with disabilities), and
• Research-based information on effective educational practices.
• Disability Fact Sheets and Briefing Papers

The Individuals with Disabilities Education Act (IDEA) is a law ensuring services to children with disabilities throughout the nation. IDEA governs how states and public agencies provide early intervention, special education and related services to more than 6.5 million eligible infants, toddlers, children and youth with disabilities.

DUE PROCESS AND COMPLIANCE COMPLAINT PROCEDURES

PROCESS FOR RESOLVING DISAGREEMENTS LOCALLY

Under most circumstances, disagreements may be resolved at the local level by contacting your child’s teacher, principal, or special education administrator. If both parties are not able to come to a resolution of the disagreement, an impartial local mediator may become involved through an Alternative Dispute Resolution (ADR) process at the district level before an official filing of a complaint or request for due process.

ALTERNATIVE DISPUTE RESOLUTION- DISTRICT LEVEL (Informal)
Alternative Dispute Resolution (ADR) is a process for resolving conflicts, one that respects the dignity of individuals while creating mutually satisfying solutions. ADR uses communication, collaboration, negotiation, and mediation strategies to bring both parties to an agreement that meets the interests of both parties involved. To assure the effectiveness of the ADR process, it is necessary to limit the participants to parents or guardians and a district representative, except under unusual circumstances. However, even when participating in the Alternative Dispute Resolution process, parents and districts still maintain the right to seek state-level due process. It is, however, hoped that the issue or issues can be resolved at this informal ADR level.

REASON FOR THE ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCESS

The Alternative Dispute Resolution process was developed in response to the growing need for a better way for families and schools to resolve their differences around special education. The process is considered to be:
• Satisfying - Alternative Dispute Resolution uses neutral intervention and support to assist the two parties in reaching a mutually agreeable solution. A safe, collaborative working relationship is developed and supported, building trust between the parties.
• Cost-Effective - As opposed to due process, ADR options have no cost. Alternative Dispute Resolution does not involve the use of attorneys.
• Fast and Efficient - The ADR process is initiated within 48 hours of the initial contract (except on weekends and holidays). This is considerably faster than the 45-day timeline for state-level due process.
• Confidential - All information shared or collected through the ADR process is held confidential unless both parties agree to release it.
• Results-Oriented - ADR options may result in mutually acceptable verbal or written agreements if the parties choose to have them.

ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCESS OPTIONS

When the parent expresses dissatisfaction with what the district proposes or is providing, the district provides an Alternative Dispute Resolution (ADR) Mediator who has been trained by the SELPA. Once contacted, the ADR Mediator calls both parties to determine what the issues are. Both the district and the parents will have the chance to describe the situation from their point of view, and then the ADR Mediator may suggest that one of the options listed below be tried:

• Phone Mediation - Phone mediation is the first level of response that ADR can employ. Following the identification of the parties’ issues and interests, the ADR Mediator will coordinate communication between the parties and facilitate resolution over the telephone.
• Facilitated IEP/IFSP - The ADR Mediator works with disputing parties to structure the IEP/IFSP and facilitates the meeting. Parents or school staff may request that an ADR Mediator facilitate an IEP/IFSP meeting if a meeting is expected to be difficult. The ADR Mediator uses specific techniques designed to assist the parties in completing the IEP/IFSP while maintaining good relationships.
• Conference-style Mediation - The ADR Mediator organizes, facilitates, and conducts a meeting to resolve the differences between the parent(s) and the school district. During this process, each party has a chance to state his/her position, share concerns, and listen to the other party’s position. The ADR Mediator assist the parties in reaching a mutually agreed upon resolution.

IF DISTRICT LEVEL INFORMAL ADR IS NOT SUCCESSFUL

If the issue or issues are not resolved at the District ADR Informal Level, then the next step for resolution would involve the filing of an official complaint or a request for a Mediation and Due Process Hearing. These processes revolve around the specific issue: either a perceived failure to implement a law (Complaint) or a disagreement between the parents and the education agency regarding assessment, identification, or placement of a child (Request for Mediation and Due Process). While a complaint is filed and then investigated, a request for a Mediation and Due Process Hearing involves another more formal resolution process, which will involve a SELPA level Mediator. See below for procedures depending on the type of issue.

FILING OF A COMPLAINT

A complaint alleges that there has been a failure to implement a federal or state special education law or regulation by a public education agency. Public education agency means a district, special education local plan area (SELPA), county office, or any public agency providing special education or related services to students. The complaint process is available for any child who has been referred, assessed, or identified for special education services.

PERSONS WHO MAY FILE A COMPLAINT

Anyone who believes that there has been a violation of special education law or regulations may file a complaint. This includes parents, school staff, organizations, and other interested parties.

REQUIRED INFORMATION IN THE COMPLAINT

The complaint should describe the problem and include all the information needed to support the allegation or complaint.
WHERE TO SEND COMPLAINTS (See form at end of this section.)

Complaints may be sent to:
California Department of Education (CDE)
Special Education Division (SED)
Procedural Safeguards Referral Service 1430 N Street, Suite 2401
Sacramento, CA 95814-5901

Please note: When filing a complaint, you must forward a copy of the complaint to the public education agency at the same time you file a compliance complaint with the CDE.

TIMEFRAME FOR RESOLVING THE COMPLAINT

The state-level investigation and final report must be completed within 60 days of CDE receiving the complaint unless an extension is granted due to exceptional circumstances. The final report may contain a timeline for resolving the problem.

REQUEST FOR MEDIATION AND DUE PROCESS (See form at end of this section.)

Due process for students in special education is a procedure to use when there is a disagreement between the parents and the education agency regarding assessment, identification, or placement of a student. When this is filed, an official Mediation or Resolution session needs to be held. This is the level that involves a SELPA Mediator.

Requests for a Mediation and Due Process Hearing can be sent to:
Office of Administrative Hearings (OAH)
Special Education Unit
2349 Gateway Oaks, Suite 200
Sacramento, CA 95833-4231
Phone: (916) 263-0880
Fax: (916) 376-6319

REQUIRED MEDIATION (RESOLUTION) MEETING PRIOR TO DUE PROCESS HEARING

Notwithstanding any other provision of law, prior to the opportunity for an impartial Due Process Hearing, the local educational agency shall convene a Mediation (Resolution) meeting with the parents and the relevant member or members of the IEP/IFSP team who have specific knowledge of the facts identified in the Mediation and Due Process Hearing request. The parent and the local educational agency shall determine the relevant members of the team to attend the meeting. At this level, the SELPA Mediator is contacted by the district and/or the California Department of Education Special Education Division. The SELPA Mediator then works with both parties to resolve the issue or issues.

MEDIATION (RESOLUTION) MEETING REQUIREMENTS

1. The meeting shall be convened within 15 days of receiving notice of the due process hearing request of the parent.
2. The meeting shall include a representative of the local educational agency who has decision-making authority on behalf of the agency.
3. The meeting shall not include an attorney of the local educational agency, unless the parent is accompanied by an attorney.
4. The purpose of the meeting is for the parent of the child to discuss the due process hearing issue, and the facts that form the basis of the due process hearing request, so that the local educational agency has the opportunity to resolve the dispute that is the basis for the due process hearing request.
5. If the local educational agency fails to hold the resolution meeting within 15 days of receiving notice of a due process hearing request of a parent or fails to participate in the resolution meeting, the parent may seek the intervention of a hearing officer to begin the due process hearing timeline.

DISMISSAL OF THE MEDIATION (RESOLUTION) MEETING PRIOR TO DUE PROCESS HEARING

The resolution meeting need not be held if the parents and the local educational agency agree in writing to waive the meeting, or agree to use the mediation process.

DUE PROCESS HEARING TIMELINE

If the local educational agency does not resolve the issue or issues to the satisfaction of the parents within 30 days of the receipt of the Due Process Hearing request notice, the Due Process Hearing may occur.

The 45-day timeline for the Due Process Hearing starts the day after one of the following events provided the local educational agency also affords notice of these events to the agency or contractor providing due process hearings:
(1) Both parties agree in writing to waive the resolution meeting.
(2) After either the mediation or resolution meeting starts but before the end of the 30-day resolution period, the parties agree in writing that no agreement is possible.
(3) If both parties agree in writing to continue a mediation that started before the end of the 30-day resolution period to a date after the 30-day resolution period, but later, the parent or local educational agency withdraws from the mediation process.

DELAY OF THE DUE PROCESS HEARING

Except where the parties have jointly agreed to waive the resolution process or to use mediation, the failure of the parent filing a due process hearing request to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held.

DISMISSAL OF THE DUE PROCESS HEARING

If the local educational agency, through the SELPA Mediator, is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made and documented, such as detailed records of telephone calls made or attempted and the results of those calls, copies of correspondence sent to the parent and any responses received, and detailed records of visits made to the home or place of employment of the parent, the local educational agency may, at the conclusion of the 30-day period, request that a hearing officer dismiss the Due Process Hearing request of the parent.

MEDIATION (RESOLUTION) AGREEMENT OUTSIDE OF THE DUE PROCESS HEARING

In the case that a resolution is reached to resolve the Due Process Hearing issue(s) at a meeting, the parties shall execute a legally binding agreement that is both of the following:

(1) Signed by both the parent and a representative of the local educational agency who has the authority to bind the agency.
(2) Enforceable in a state court of competent jurisdiction or in a federal district court of the United States.

If the parties execute an agreement, a party may void the agreement within three business days of the execution of the agreement.

Compliance Complaint Procedures

Civil Rights Issues

It is the responsibility of the Office For Civil Rights in the Department of Education and the Office of Civil Rights in the Department of Health and Human Services to enforce Federal laws prohibiting discrimination against persons on the basis or race, color, national origin, sex, age or mental and physical handicaps and to investigate discrimination complaints brought by individuals.

If you feel your rights have been violated—because of your disability or your child's disability—by an educational institution receiving federal assistance, detail your concerns and send to:

Office For Civil Rights
U.S. Department of Education
50 Beale Street, Suite 7200
San Francisco, CA 94105 (1-415-486-5555)

If you feel your rights have been violated—because of your disability or your child's disability—by an institution receiving federal assistance, such as hospitals, social services, etc., detail your concerns and send to:

Office For Civil Rights
U.S. Department of Health and Human Services
50 United Nations Plaza, Room 322
San Francisco, CA 94120 (1-415-556-8586)

Due Process Hearings: Parent Information (FAQ) Frequently Asked Questions

Payment for Education of Children Enrolled in Private Schools

Alternative Dispute Resolution (ADR)

Membership District Information

ADR Information Packet

The San Benito County Office of Education is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by the San Benito County Office of Education or any association with the sites' operators.