Special Education Local Plan Area (SELPA)
A SELPA is a state-mandated association that provides for all the special education service needs of children residing within the regional boundaries. Each of the approximately 120 SELPAs develop a local plan describing how it provides special education services. Please visit the SELPA for your school as noted below:
Parents' Rights and Procedural Safeguards
Annual Public Notice of Special Services and Programs
In accordance with federal and state regulations, California Virtual Academy will provide an annual public notice to families informing them of the school's child find responsibilities, procedures involved in the identification of educational disabilities, and determination of students' service and support needs.
Families are encouraged to review the following information that describes these regulations. Information regarding the school's internal practices to comply with these will be available in the Annual Parent and Student Handbook.
California Virtual Academy strives to identify, locate, and evaluate all enrolled children who may have disabilities. Disability, as stated in IDEA, includes such conditions as hearing, visual, speech or language impairment, specific learning disability, emotional disturbance, cognitive disability, other health or physical impairment, autism, and traumatic brain injury.
The process of identifying, locating, and evaluating these children is referred to as Child Find. As a public charter school, we will respond vigorously to federal and state mandates requiring the provision of a Free Appropriate Public Education regardless of a child's disability or the severity of the disability. In order to comply with the Child Find requirements, the school will implement procedures to help ensure that all students with disabilities, regardless of the severity of their disability, who are in need of special education and related services—are identified, located, and evaluated —including students with disabilities who are homeless or students who are wards of the state.
Parent/guardian permission and involvement is a vital piece in the process. Once a student has been identified as having a "suspected disability" or identified as having a disability, the school will ask the student or the student's parent/guardian for information about the child such as:
How has the suspected disability or identified disability hindered the student's learning?
What has been done, educationally, to intervene and correct the student's emerging learning deficits?
What educational or medical information relative to the suspected disability or identified disability is available to be shared with the school?
This information may be also be obtained from the student's present or former teachers, therapists, doctors, or from other agencies that have information about the student.
ll information collected will be held in strict confidence and released to others only with parental permission or as allowed by law. In keeping with this confidence, California Virtual Academy will keep a record of all persons who review confidential information. In accordance with state regulations, parents have the right to review their child's records.
As part of the Child Find process, some services may include a complete evaluation, an individualized education program designed specifically for the child, and a referral to other agencies providing special services.
California Virtual Academy cannot proceed with an evaluation, or with the initial provision of special education and related services, without the written consent of a student's parent(s)/legal guardian(s). For additional information related to consent, please refer to the Procedural Safeguards Notice which can be found at the STATE website https://www.cde.ca.gov/sp/se/qa/pssummary.asp by accessing the link via the Special Programs section of the school website. Once written parental/guardian consent is obtained, California Virtual Academy will proceed with the evaluation process. If the parent disagrees with the evaluation results, the parent can request an independent education evaluation at public expense.
Special Education (IEP) or 504 Plans
Once the evaluation process is completed, a team of qualified school personnel, parents/guardians, and other relevant service providers hold an evaluation determination meeting to come to agreement on whether the student meets eligibility for one of the disability categories under IDEA (Click here for state eligibility criteria) for information related to eligibility criteria associated with the disability categories defined under IDEA). If the student is eligible and requires specially designed instruction, an Individualized Education Plan (IEP) will be coordinated; during which the IEP team will review and finalize the proposed details of an appropriate educational program to meet the student's documented needs.
For students confirmed to present with special education needs, once the IEP team agrees on the IEP and the student's educational placement, the IEP, which serves as a Prior Written Notice, will be sent to the parent/guardian for signature. This must be signed and returned to the school. California Virtual Academy can only proceed with implementing the student's IEP upon receipt of the signed initial IEP.
Some students are found to present with one or more disability, but do not meet the eligibility criteria outlined under IDEA (for special education); however, their disability may still require the school to develop a 504 Accommodation Plan to outline the special provisions a student may require for adaptations and/or accommodations in school-based instruction, facilities, and/or activities. Students may be eligible for certain accommodations or services if they have a mental or physical disability that substantially limits or prohibits participation in or access to an aspect of the school program and otherwise qualify under the applicable laws. California Virtual Academy will ensure that qualified students with disabilities have equal opportunity to participate in the school program and activities to the maximum extent appropriate for each individual student. In compliance with applicable state and federal laws, the school will provide students with disabilities the necessary educational services and supports they require to access and benefit from their educational program. This is to be done without discrimination or out of pocket cost to the student or family for the essential supplementary aids, services, or accommodations determined to provide equal opportunity to participate in and obtain the benefits of the school program and extracurricular activities to the maximum extent appropriate to the student's abilities and to the extent required by the laws.
Click here for a LINK TO FEDERAL OR STATE DOE 504 INFORMATION for more information related to Section 504 of the Rehabilitation Active of 1973.
Parents/guardians have the right to revoke consent for services after initial placement. Please note, a revocation of consent removes the student from ALL special services and supports outlined on the IEP or 504 Plan. A revocation of services should be put in writing to the school, and the school will respond with a Prior Written Notice confirming receipt of the revocation request. Please reference additional information on revoking consent from the California Department of Education here
Privacy and Confidentiality
To maintain privacy of students' special education records, both within its central office and across school systems and databases, California Virtual Academy follows protocols consistent with the federal regulations associated with the Family Educational Rights and Privacy Act (FERPA). Click Here for additional information in the FERPA Annual Notification regarding privacy and security guidelines for your child's educational records.
Notice of these rights is available, upon request, on audiotape, in Braille, and in languages other than English. Should you need further assistance or information regarding any of these accommodations, please contact any member of your child's school team for guidance.
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Request for Parent/Guardian Interpreter Services or Disability Accommodations
Professional interpreter services may be requested at any time for parents/guardians of students with disabilities by contacting the school office at 805.581.0202 or emailing Brandy Scott at firstname.lastname@example.org.
Additionally, if any parent/guardian has a disability or other limitation that would impact their ability to participate fully in their child's educational planning process, we would be happy to discuss accommodations that may be available in order to maximize the parent/guardian's participation. Individuals seeking to discuss accommodations for this reason may contact Brandy Scott at email@example.com.
Special Education Grievances or Disputes
California Virtual Academy recognizes that despite best intentions of all parties, disagreements or miscommunications may arise between the school-based team and families or students. Should this situation occur, the student's special education case manager will initiate an IEP meeting, where the IEP team will discuss specific details contributing to any educational concern to ensure they are fully discussed and addressed as the entire team determines what would be most appropriate for the student. Collaboration is a primary focus for this type of meeting. California Virtual Academy's Special Education Team seeks to establish and maintain the confidence of its families to always serve its students in order to maximize their educational success.
Dispute Resolution Options
IEP Facilitation—IEP Facilitation is a voluntary process that can be utilized when all parties to an IEP meeting agree that the presence of a neutral third party would help facilitate communication and the successful drafting of the student's IEP. This process is not necessary for most IEP meetings. Rather, it is most often utilized when there is a sense from any of the participants that the issues at the IEP meeting are creating an impasse or acrimonious climate. A parent should contact the Program Specialist assigned to their student's grade level if they would like to request the SELPA to facilitate an IEP meeting for their student.
California Department of Education (CDE) Complaint—Federal regulations require each state educational agency (e.g., California Department of Education [CDE]) to adopt written procedures for the investigation and resolution of any state complaint alleging that a school district or other public agency has violated certain requirements of the Individuals with Disabilities Education Act (IDEA). California law also requires the same obligations of the state and includes violations of state special education law. More information regarding this avenue can be found on the CDE website at: https://www.cde.ca.gov/sp/se/qa/cmplntproc.asp
A voluntary process in which both parties seek to resolve the issues involved in the concern with an unbiased, third party mediator from the Office of Administrative Hearings (OAH). If the parties come to an agreement through the mediation conference, a settlement agreement is drafted that is signed by both parties, and thus what the document states is mandated to be implemented; This process is overall less time-consuming, less stressful, and less expensive to complete than a due process hearing (see below). More information on mediation only requests can be located here.
Formal Due Process
Families are NOT obligated to pursue the above alternatives to due process should they feel their concerns can only be resolved through a formal due process hearing. If a formal complaint against California Virtual Academy is submitted to the Office of Administrative Hearings, the school will comply with all requirements as applicable. More information regarding Due Process can be found here.