Final Version 2.0 7.22.2023

PARENTS’ GUIDE TO THE ALTERNATIVE DISPUTE RESOLUTION CONTINUUM

WORKING THROUGH CONFLICT IN THE IEP PROCESS CLOVIS UNIFIED SELPA

Acknowledgments

The Clovis Unified Special Education Local Plan Area (SELPA) offers this handbook as a tool to assist parents in their endeavor to support and advocate for their child(ren).

The SELPA wishes to acknowledge the following people whose work was the foundation for portions of this handbook:

Robyn Castillo, Associate Superintendent Instructional Services Theresa Pafford, Administrator SELPA & Legal Compliance Carrie Carter, Director Special Education
Anne Castillo, Assistant Director Special Education Kristen Hatton, Assistant Director Special Education Sara Oliveira, Program Specialist CitiKids/Preschoo Deanna Ruby, Program Specialist Severely Disabled Shireen Malan, Program Specialist Support Services Shelbi Kowalski,, Program Specialist Autism
Dawn Zinger Corley, Program Specialist Buchanan Secondary Area Gabby Worden, Program Specialist Clovis North Elementary Area Ronda Schmidt, Program Specialist Buchanan Elementary Area Kris Lachs, Program Specialist School Psychology
Stacey Tafoya, Program Specialist Clovis West Secondary Area Kasey Schwartz, Program Specialist Language/Speech
Heather Guffey, Program Specialist Clovis East Elementary Area Michelle Melkonian, Program Specialist Clovis East Elementary Area Gabrielle Worden, Program Specialist Clovis North Elementary Area Liza Gossett, Program Specialist Clovis West Elementary Area Leann Gajarian Keeler, Family Resource Center Coordinator
Kelsie Igasian, Community Advisory Committee Chair Xee Her, Administrative Assistant Special Education

TABLE OF CONTENTS

PAGE

I.	PREPARING FOR YOUR STUDENT’S IEP…………………………………………………………………………………………..	1

1. WHAT CAN I DO TO PREPARE FOR MY CHILD’S IEP MEETING? …………………………………………………	1

2. WHAT IS MY ROLE DURING THE IEP MEETING? ………………………………………………………………………..	1

3. TIPS FOR EFFECTIVE COMMUNICATION DURING THE IEP …………………………………………………………	2

4. WHAT ABOUT IEP IMPLEMENTATION? …………………………………………………………………………………….	2

5. WHAT SHOULD I DO AFTER THE IEP? ……………………………………………………………………………………….	2

6. WORKING WITH THE SCHOOL PROGRAM ………………………………………………………………………………..	3

7. WHAT ARE SOME EFFECTIVE STRATEGIES FOR RESOLVING DIFFERENCES? ………………………………	4

II.	HIERARCHY TO FOLLOW WHEN RESOLVING CONFLICTS ………………………….......................................	5

III.	ALTERNATIVE DISPUTE RESOLUTION (ADR) CONTINUUM …………………………………………………………….	6

8. FOUNDATIONAL CLOVIS UNIFIED SELPA ADR PRINCIPLES ………………………………………………………..	6

9. WHAT IS ADR? ………………………………………………………………………………………………………………………….	6

10. THE ADR CONTINNUM OF SUPPORTS ………………………………………………………………………………………

11. PROGRAM SPECIALIST INFORMAL INTAKE ……………………………………………………………………………….

12. PROGRAM SPECIALIST INFORMAL INTAKE STRATEGIES ……………………………………………………………

13. CLOVIS UNIFIED SELPA FORMAL ADR STRATEGIES ……………………………………………………………………

14. CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS (OAH) SPECIAL EDUCATION DUE PROCESS HEARING AND MEDIATION SYSTEM ………………………………………………………………………….

IV.	SPECIAL EDUCATION COMPLAINT PROCESS: FAQs ………………………………………………………………………

V.	ALTERNATIVE DISPUTE RESOLUTION CONTINUUM – BEFORE DUE PROCESS IS FILED ………………….

VI.	ALTERNATIVE DISPUTE RESOLUTION CONTINUUM – AFTER DUE PROCESS IS FILED …………………….

VII.	DUE PROCESS TIMELINES ………………………………………………………………………………………………………………

VIII.	FAQ – SPECIAL EDUCATION DUE PROCESS HEARINGS AND MEDIATIONS …………………………………….

IX.	SPECIAL EDUCATION TERMINOLOGY …………………………………………………………………………………………….

X.	SPECIAL EDUCATION ACRONYMS ………………………………………………………………………………………………….

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PARENTS’ GUIDE TO THE ALTERNATIVE DISPUTE RESOLUTION CONTINUUM PREPARING FOR YOUR STUDENT’S IEP
WHAT CAN I DO TO PREPARE FOR MY CHILD’S IEP MEETING?

Be sure to respond to the IEP notification sent to you! You are invited and encouraged to attend as a member of the team to develop, review, and/or revise your child’sIEP.

o You may reschedule the meeting or ask to attend via phoneconference or video call. o If you need to reschedule, notify the school as soon aspossible.
o Have a couple of alternative dates to suggest when you call.

Understand the purpose of the IEP meeting (example – Eligibility Evaluation, Annual, Plan Review, or addendum) as this will help you prepare and enter with confidence.

Talk with your child and others involved in his/her education to brainstorm strengths, needs, and challenge areas.

o List some of the areas you would like to share with the IEPteam.

Write down your questions and concerns. This will help the IEP meeting move smoothly as well as address your concerns.

o If you have specific areas or goals that you want to discuss, contact the case manager prior to the team meeting to discuss your ideas so they may be included in the meeting conversation.

Review copies of your child’s previous IEP prior to yourmeeting.

o If you cannot find it, you may make a written request for a copy from the school. (Remember, it may take up to 5 business days to get acopy).

If you wish to tape record the IEP team meeting, notify the IEP team at least 24hours before the meeting. You may indicate this on the IEP conference notice if returned within the timeline above and/or via fax oremail.

WHAT IS MY ROLE DURING THE IEP MEETING?

Be introduced to everyone at the meeting and, if their title is not determined, ask them in what capacity they serve your child.

Actively listen.

Share your child’s needs, strengths, and whatmotivates your child. Give input and feedback.
Ask questions, especially if the team is referring to term with which you are not familiar. Take notes.
Be an equal partner in the decision making process.

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TIPS FOR EFFECTIVE COMMUNICATION DURING THE IEP Have a positive attitude.
Give and expect treatment with respect. Acknowledge that everyone on the team hasfeelings. Keep your child as the focus of the IEP process. Involve your child whenever possible.
Remember that the team is there to help your child be successful. Remember, you share a common goal.
Keep the lines of communicationopen. Be fair and be willing tocompromise.
WHAT ABOUT IEP IMPLEMENTATION?

If you consent with the IEP as written, it will be fullyimplemented without delay.

If you do not agree with all the parts of the IEP, you may sign consent only forthose portions of the program with which you agree.
It is important to continue to work with the IEP team to reach full agreement.

If you consent with the IEP and later decide you disagree with any part of it, youmay request, in writing, an IEP meeting to discuss thisconcern.

Even if you consent with the IEP, at any time you may revoke consent to special education, in writing. This action is not retroactive. The student will exit from special education. If, in the future,
you seek re‐enrollment in special education, the request will be treated as an initial eligibility evaluation.

WHAT SHOULD I DO AFTER THE IEP?

Review the results of the meeting with your child, if appropriate. Maintain communication with your child’s teacher.
Check that new services or resources were put in place.

Verify the related service providers have seen the current IEP (if appropriate). Periodically check the IEP against school work for consistency.
Monitor homework and support your child as needed for completion. Evaluate progress:
o Are you receiving periodic reports from school on progress or concerns? o How is your child progressing?

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o How does your child feel he/she is doing? o Is your child happy at school?
o Is the program is working?

o Are there some changes you would like to discuss? If so, can your requests be made informally, or do you think they require a formal agreement or IEP meeting?

Keep Accurate Records: As the primary decision maker, observer, and advocate for your child, it is to your benefit to keep accurate, up‐to‐date records.

o Background Information o Developmental History
o Medical History and Medical Records o Family Health History
o Educational History

o Educational, Psychological, and Therapy Reports

o IEP, including Long‐Term Goals (with or without short‐term objectives) o Samples of past and present work
o Records from outside agencies (e.g., Regional Center, etc.) o Correspondence – Letters you have written and received
o A record of your contacts with school agencies (e.g., personal visits, phone calls) o School Report Cards and IEP Progress Reports
WORKING WITH THE SCHOOL PROGRAM

A well‐developed, successful IEP requires the ac ve par cipa on of everyone on the team – parents, teachers, administrators, related service providers and any other person working with the student who may have an impact on the school program. A strong IEP team will have involvement by each member of the team.

The IEP is developed by a collaborative team whose members share responsibility for the meeting process and results.

The process builds and improves relationships among team members.

Decision‐making is arrived to by true consensus based upon effective communication and reflective listening.

The needs of the student are the focus of the IEP content and process.

Please keep in mind that the schools care about your child and try very hard to provide a high quality, eﬀec ve program. Your coopera on, understanding, and support are important.

At  mes, both the school staﬀ and parents/guardians recognize constraints such as geography, limited resources,  me restric ons, etc., but given reasonableness by all, together, we can provide what each child needs!

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WHAT ARE SOME EFFECTIVE STRATEGIES FOR RESOLVING DIFFERENCES?

During the course of the special educa on process, you and the school personnel might disagree about some aspect of your child’s educa on. Listed below are examples of issues that may arise and how to respond.

What if I want an IEP sooner than the annual IEP review?

o At any time, you can request in writing that another IEP meeting be held. Expressing in your request what your specific concerns are and/or desired outcomes can help the school ensure that the right people are in attendance at the IEP meeting. The Local Educational Agency (LEA) has thirty days in which to schedule the IEP meeting.

What if I want my child evaluated prior to the triennial evaluation?

o If you think that your child’s educational program is inappropriate due to outdated information in his/her records, you can request a re‐evaluation before its scheduled time. It may be appropriate to reassess if additional areas of suspected disability arise which impact educational success.

What if I just want to talk to someone outside of the IEP meeting?

o If you have a concern with the school, make an appointment with the person most closely connected with the area of concern. For example, if you are concerned about a situation in a classroom, meet with the teacher and if appropriate, the school principal. The hierarchy to follow (next page) when resolving conflicts provides more examples.

What if I am interested in requesting an Independent Educational Evaluation?

o The parent/guardian has the right to request an Independent Educational Evaluation (IEE) at public expense when the parent disagrees with the assessment conducted by the LEA. The LEA then must respond without unnecessary delay as to whether or not the District will fund the IEE request or file Due Process. The LEA may initiate a due process hearing to show that its evaluation is appropriate. If the LEA initiates a hearing and the final decision is that the LEA’s assessment is appropriate, the parent has the right to an IEE, but not at public expense.

o The LEA is not responsible for providing or reimbursing an IEE when parents merely feel the need for additional information about their child, which is not based on a disagreement with LEA assessment results or IEP team findings. Further, when the parent disagrees with an assessment previously conducted by the LEA and obtains multiple IEE reports in the same assessment areas, the LEA will not reimburse the cost of more than one IEE in any one area assessed.

What if I want to file a Uniform Complaint?

o If you suspect a school is in non‐compliance with state laws or regulations, and the matter cannot be resolved informally, you can file a complaint in writing with the LEA’s superintendent using the LEA’s uniform complaint procedures.

o Families and school districts are encouraged to work to solve differences at the lowest level possible in order to preserve collaboration and foster long term relationships which benefits the student as well as all other parties involved.

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State Level
SELPA Level
District Level

HIERARCHY TO FOLLOW WHEN RESOLVING CONFLICTS

			
		Teacher
(Educa onal and Classroom Issues)

School Psychologist
(Assessment, Behavior &/or Program/Placement Issues)

Site Administrator
(School Safety and Personnel Issues)

		
	Program Specialist/Special Education Learning Director (Program Issues)
Special Educa on Assistant Director (Educa onal, Program or Placement Issues)

Special Education Director
(Site, Personnel or Educa onal Issues)

Assistant Area Superintendent (Site, Personnel or Educa onal Issues)

		
	California Department of Educa on/Special Educa on Division
(Issues Dealing With Compliance/Implementa on of Federal and State Educa on Code)

Oﬃce of Administra ve Hearings
(Disputes Over Assessment, Iden ﬁca on, Educa onal Placement or Oﬀer of FAPE)

Site Level

	Program Specialist/Special Education Learning Director (Alterna ve Dispute Resolu on Strategies)

Administrator SELPA & Legal Compliance
(Local Plan Implementa on, Systems Issues, Compliance Issues)

Assistant Superintendent Instructional Services (Systems Issues, Educational Issues)

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ALTERNATIVE DISPUTE RESOLUTION (ADR) CONTINUUM

Alterna ve Dispute Resolu on (ADR), is a free service oﬀered to parents and school districts in the Clovis Unified SELPA that provides par es the opportunity to resolve disputes collabora vely and avoid  me‐consuming and costly li ga on.

FOUNDATIONAL CLOVIS UNIFIED SELPA ADR PRINCIPLES

Parent/Educator engagement is a cri cal component to managing conﬂict through the IEP process. The process of building a founda on for a strong rela onship between stakeholders involves
inten onal and proac ve planning. Educa ng parents and educators in the areas of Conﬂict
Resolu on, Problem‐Solving, Collabora ve IEP Processes, and IEP Compliance is the cornerstone to engagement and collabora on.

WHAT IS ADR?

ADR is an informal method of se ling disagreements that may arise during an IEP mee ng. It is designed to meet the interests of the par es involved that results in a cra ed, mutually agreeable outcome rather than living with a decision made by an outside third party such as a hearing oﬃcer or judge. The process can be ini ated by a school district or a parent by contac ng the Case Manager and/or Program Specialist assigned to the school site/program.

THE ADR CONTINUUM OF SUPPORTS

Facilitated IEP

Program Specialist Informal Intake

Other ADR Strategies

Resolution Meeting

Mediation

Due Process

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PROGRAM SPECIALIST INFORMAL INTAKE

ADR Intakes are strongly encouraged by SELPA and the California Department of Educa on (CDE). ADR intakes can come in the form of a phone call, wri en le er, wri en no ce from Procedural Safeguards Referral Services with CDE, or a poten al due process. The Program Specialist is trained to match strategies to the disputes and is available to both parents and LEA staﬀ to assist with the ADR process. During the intake, all concerns are heard and help is provided to both par es in iden fying problems and conﬂicts. Dispute resolu on op ons are discussed and follow up is provided to check on the outcome of the op on chosen. The ADR collabora ve process allows for both par es to build
rela onships and is the ﬁrst step in a posi ve resolu on for both the parent and the local educa on agency (LEA) so that ma ers do not escalate into a poten al complaint or due process.

PROGRAM SPECIALIST INFORMAL INTAKE STRATEGIES

Parent Support and Intervention

•Parent Support involves gathering and sharing information as well as counseling the family on the IEP and what it means. The Program Specialist may clarify what the IEP says and what it may mean for the student. The process may also include reviewing the IEP and addressing parent concerns or needs.

Team Planning Meeting

•Team IEP Planning is a process to prepare for the IEP. The team has the opportunity to utilize a third party to work through difficult questions and to critically examine IEP team questions and data. A Team Planning Meeting is a good coaching opportunity for staff.

File Review

•A SELPA File Review is a review of the issue in conflict by a third party who may offer a fresh perspective or opinion. The purpose of the file review is to gather information and offer analysis to the current area of conflict. The file review is specifically not a compliance review.

Student/Environmental Observation

•This process provides the opportunity for a third party exploration of the conflict at issue. The observation may be utilized to support discussion of IEP implementation, continuum of services, environmental issues and/or examining student needs. A Student/Environmental Observation is not a teacher evaluation and does not include evaluation of teacher performance.

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CLOVIS UNIFIED SELPA FORMAL ADR STRATEGIES

If the par es are unable to resolve the diﬀerences with using informal ADR strategies, the next level of support includes formal ADR strategies. If the level of conﬂict is signiﬁcant, par es may agree to ini ate support with formal ADR strategies.

Neutral 3rd Party IEP Observer

•This process involves the Program Specialist or LEA Representative attending an IEP outside the role of a facilitator but as a neutral party.

Formal Facilitated IEP (FIEP)

•This process provides a choice of additional elements to facilitate or guide the IEP team meeting, including pre‐meeting preparation through follow‐up tasks. As part of the process, there is a neutral facilitator who clarifies the agenda and meeting outcomes, enforces working agreements, keeps the group focused on the IEP process, encourages problem solving, monitors time and encourages participation by all team members, asks for clarification and makes corrections while maintaining a neutral perspective. Key ideas and information will be visually recorded. The outcome of the facilitated IEP is a signed IEP which has been developed collaboratively and with agreement between the LEA and parents.

WHO CAN BE THE FACILITATOR?
•Typically a member of the team facilitates the meeting.
•Sometimes an LEA representative with facilitation skills may be called to assist the team reach consensus.
•A trained, neutral facilitator from SELPA may be asked to assist.
•As appropriate, students may be trained to facilitate their own IEP meetings. WHAT

WHAT DOES A FACILITATOR DO?
•Focuses the IEP team on consensus decision-making to develop an appropriate IEP. •Guides the discussion by keeping the team's energy centered on the student. •Assists team to resolve conflicts and disagreements that arise during the IEP meeting
at the local level.
•Promotes open communication among all members of the IEP team. •Helps the IEP team develop and ask clarifying questions about issues. •Keeps IEP team members on task with the time allotted for the meeting. •Does not impose a decision on the IEP team.

•Maintains impartiality and does not take sides (external facilitator).

WHAT ARE THE BENEFITS OF FIEP?
•Builds and improves relationships between the IEP team members (parents and schools).
•Ensures the IEP meeting is student-focused. •Models effective communication and listening skills. •Clarifies points of agreement and disagreement.
•Provides opportunities to resolve conflicts if they arise.
•Encourages IEP team members to identify new options to address unresolved problems.
•Costs less than more formal proceedings (due-process with attorney fees). •Less stressful than formal proceedings.
•Supports better follow-through and follow-up.
•Roles and responsibilities can be discussed and planned.

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PREPARING FOR FIEP

•Be familiar with facilitation techniques and strategies. •Facilitate collaboration and
communication.
•Identify issues and needs. •Address logistic elements (dates,
time, place). •Prepare/receive notice and
respond as appropriate. •Gather data on present levels.
•Participate in planning meeting if appropriate.
•Be willing to discuss options. •Share questions at least 3 days
prior to meeting.

PARTICIPATION IN FIEP

•Come to meeting with expectations for balance, open discussion, and respectful interaction.
•Make introductions.
•Review agenda, ground rules, and purpose of meeting.
•Listen attentively, remain objective.
•Participate actively.
•Speak clear, plain language. •Maintain confidentiality.
•Focus on student needs based on data.
•Utilize interest-based problem-solving strategies.
•Follow legal mandates for IEP meetings.
•Involve the student as appropriate.

AFTER THE FIEP

•Distribute/receive IEP documents as appropriate.
•Review consensus decisions. •Monitor implementation of IEP. •Gather data on progress towards
IEP goals.
•Reflect on what worked well and areas of need.
•Make notes for future FIEP meetings.
•Continue to facilitate collaboration and communication.
•Debrief as a team

Mediation

•A facilitated IEP is not the same as mediation. Mediation is used to deal with a broader range of issues in special education than in an IEP meeting. Mediation occurs outside of an IEP meeting when you have already used your ADR structure, and where there is significant disagreement that the parents and the LEA are unable to resolve, but has not risen to the level of Due Process.

Local SELPA Informal Mediation

•This process involves a mediation session conducted by a SELPA mediator who will negotiate or resolve the dispute acting as a neutral third party. The local mediation process is voluntary and is provided at no cost to parents or the LEA.

Formal State Process

•If the parties are not able to resolve the diﬀerences using ADR strategies at the local level, they may choose to utilize formal procedures through the state. Disputes at this level are outside of the ADR continuum and are administered by state level agencies.

Helpful Resources

•Clovis Unified School District SELPA - cusd.com/SpecialEducation.aspx •California Department of Education - www.cde.ca.gov
•Office of Administrative Hearings - www.oah.dgs.ca.gov •Local Education Agencies - District Policies and Procedures

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STATE PROCESSES TO RESOLVE COMPLAINTS: CALIFORNIA DEPARTMENT OF EDUCATION (CDE) AND CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS (OAH) AND MEDIATION SYSTEM

Compliance Complaint

Resolution Meeting

Formal Mediation

Due Process

•A compliance complaint may be filed by a parent when they allege that the LEA has violated federal or state special education laws. The CDE must resolve the complaint within 60 days. It will review all relevant information and make an independent determination about the alleged violations. An on‐site investigation may be conducted if necessary and a written decision will be provided to the complainant addressing each allegation. Thirty days after the timeline for corrective action, the CDE's Focused Monitoring and Technical Assistance Unit contacts the complainant to confirm that the complaint has been resolved.

•The resolution meeting is a requirement of IDEA 2004 within 15 days of LEA receipt of a filing for due process. Attorneys are not intended to be involved. This meeting provides the opportunity for discussion and clarification of issues, with both the school and parent. The team collaboratively determines solutions to the issues and creates a written agreement which in turn maintains a positive rapport between both parties.

•Mediation is a way of settling a disagreement through facilitated discussion. At mediation the parties have the help of a trained mediator, who is unbiased and independent. The mediator helps the parties work together to try to find a solution that will satisfy those involved. The parties decide whether or not the dispute is settled. If the parties try mediation but cannot reach an agreement, they still have the right to continue to a due process hearing.

•Both parents and the LEA have the right to request an impartial due process hearing regarding the identification, evaluation, educational placement or the provision of a free, appropriate public education for a child. ADR is in place to minimize the use of this option and to encourage parents and LEAs to come to agreement before the issues escalate to this level.

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CDE SPECIAL EDUCATION COMPLAINT PROCESS: Frequently Asked Questions (FAQs)
KEY QUESTIONS
COMPLIANT PROCESS

What is a compliant?
A formal request, in writing, to the CDE to investigate allegations of noncompliance with special education federal or state
laws.
Who may file?
Anyone can file a complaint, including parents, students, teachers, advocates and attorneys.
How does someone file?
A complainant may use the CDE form, Request for Complaint Investigation, or submit a written letter that includes the
specific facts on which the complaint is based. A copy of the complaint must be sent to the education agency at the same
time it is filed with the CDE.
How long do you have to
file?
Complaints must be filed within one year of the alleged violation.
Where is the complaint
filed?
Complaints may be sent by fax or mail to: California Department Education, Special Education Division, Procedural
Safeguards Referral Service (PRSR), 1430 N. Street, Suite 2401, Sacramento, CA 95814-5901. FAX 916-327-3704. PSRS
opens the case, assigns a case number and forwards all information to the FMTA unit.
Who does the
investigation?
An investigator in the Focused Monitoring and Technical Assistance Unit (FMTA) of CDE is assigned to gather the facts
about the allegations and conduct the investigation.
How long is the
investigation?
Investigations are completed within 60 days of receipt of the complaint in the PRSR division and a written investigate
report is issued by the FMTA.
How does the school
district respond to a
compliant?
After the receipt of the “Request for Information” facsimile from the FMTA investigator, the district sends the requested
documentation to the FMTA investigator following the timeline specified in their letter, usually within 10 working days.
How can the complaint be
resolved?
The complaint can be resolved locally with the district and complainant using an Alternative Dispute Resolution process
through SELPA while the case is moving through the FMTA investigation process.
Does CDE continue the
investigation during the
local ADR process?
CDE continues with the investigation until they receive a letter withdrawing the complaint, signed by the parent or sent via
email by the parent. The complaint can only be withdrawn by the parent for any reason.
What if the complaint is
not resolved locally?
CDE continues the investigation and prepares a written report, with findings, at the end of the required 60-day time
period.
What happens if there is
disagreement with the
initial eligibility report?
Either party may request reconsideration through an appeal process that must be submitted no later than 35 calendar
days after receiving the initial investigation report. CDE assigns a new investigator, reviews the initial report, if necessary,
gathers and/or reviews additional information, reviews the decision and issues a second, final written investigate report.
What happens if
corrective actions are not
completed?
CDE will work with the district to meet the timelines for the corrective actions documented in the investigative report. CDE
can very rarely impose sanctions for failure to comply with the corrective actions.
What if the compliance
report doesn’t resolve the
dispute?
Participation in a local alternative dispute resolution process, or the filing of a complaint with CDE, does not prevent the
complainant from filing for Mediation and Due Process although a complaint will not be investigated simultaneously
with a mediation/due process filing. Complaints that are file simultaneously with OAH will be closed and may be re-filed,
by the complainant, after completion of mediation/due process, if issues remain unresolved.
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Alternative Dispute Resolution Continuum – BEFORE DUE PROCESS IS FILED
FEATURES
FACILITATED IEP
LOCAL SOLUTIONS MEETING
MEDIATION ONLY
Office of Administrative Hearings (OAH)

Participants
Parents
Relevant IEP Team Members
District Representative SELPA
Representative/Facilitator
Parents
Relevant IEP Team Members District
SELPA Representative/Facilitator
Parents
Relevant IEP Team Members
District Representative
SELPA Representative
OAH Assigned Mediator
Decision Type
Written agreement prepared by the Facilitator as part
of the IEP.
Legally binding written settlement agreement prepared
by the facilitator.
Legally binding written settlement agreement
developed by the parties with the assistance of the
OAH mediator.
Time Frame
Usually resolved in 1-2 IEP meetings within 30 days.
30 Days (Average)
OAH schedules a Mediation Only meeting within 15
days of the receipt of the Mediation Only Request Form
at OAH.
Issues must be resolved within 30 days from the date
received, unless parties agree to extend the mediation
time.
Process
Voluntary, Collaborative, Informal
Parent or district request a facilitator by contacting
SELPA before the dispute reaches an impasse and to
avoid Due Process.
Meeting scheduled at a time and place mutually agreed
to by both parties.
The IEP process determines the meeting agenda.
The entire IEP team works together.
The outcome is revised and/or completed and signed
IEP.
Second meeting may be set if consensus is not reached
at the first meeting.
If the parties are unable to reach agreement after a
second IEP meeting, either party may move to:
•	Local Solutions Meeting
•	Mediation Only with OAH or
•	Mediation and Due Process. The first step in
that process is a Local Resolution Session.
Voluntary, Collaborative, Informal
Parent or district requests Solutions Meeting through
the SELPA after the parties have reached an impasse
and have been unsuccessful in resolving the dispute.
Meeting scheduled at a time and place mutually
agreeable to by both parties.
The facilitator helps the parties create an agenda.
The facilitator may work separately with specific
parties (caucus) at times during the process.
If an agreement is reached, the outcome is the written
agreement that resolves the dispute.
If the parties are unable to reach agreement within the
specified time frame, either party may move to:
•	Mediation Only with OAH or
•	Mediation and Due Process (Local Resolution
Session required as first step if parent has
filed)
Participation in a Local Solutions Meeting does not
prevent either party from filing for Mediation and
Due Process at any time
Voluntary, Collaborative, More Formal
Due Process Hearing is not part of a Mediation Only
request.
Parent(s) and/or District may request a “Mediation
Only” meeting that occurs without either party filing
for Due Process, by submitting the Mediation Only
form to OAH.
May occur at any time, but encouraged to occur after
Facilitated IEP(s) and Local Solutions Meeting has ben
unsuccessful at resolving the dispute.
If the matter is settled, results are reported to OAH.
If the matter is not settled, either party can file a
request for Mediation and Due Process Hearing.
Mediation Only sessions are rarely scheduled more
than one time and may not be recorded.
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Alternative Dispute Resolution Continuum – BEFORE DUE PROCESS IS FILED
FEATURES
FACILITATED IEP
LOCAL SOLUTIONS MEETING
MEDIATION ONLY
Office of Administrative Hearings (OAH)

Attorneys
Present
Yes
*At the discretion of the parties, but encouraged
without attorneys
Yes
*At the discretion of the parties, but encouraged
without attorneys
No
*Law specifically excludes attorneys from participating,
but parents and district may be accompanied by non-
attorney advocates/representatives
Confidential
No
*Can be used as evidence in a hearing
No
*Can be used as evidence in a hearing unless the
parties sign a written confidentiality agreement.
Yes
*Can not be used as evidence at a hearing
Costs
Free
*Unless attorneys are involved
Free
*Unless attorneys are involved
Free
Results
Win/Win
Successful, signed IEP
No need to proceed to Local Solutions Meeting,
Mediation Only, and/or Mediation and Due Process
Win/Win
Legally binding written settlement agreement
enforceable in court
No need to proceed to Mediation Only, and/or
Mediation and Due Process
Win/Win
Legally binding settlement agreement enforceable
in court
A Notice of Resolution Outcome is sent to OAH whether
the matter settles or not
Who to Contact
District Special Education Director
SELPA
District Special Education Director
SELPA
CDE/OAH
13

Alternative Dispute Resolution Continuum – AFTER DUE PROCESS IS FILED
Features
LOCAL RESOLUTION SESSION
FORMAL MEDIATION
(Followed by Due Process Hearing)
DUE PROCESS HEARING
Office of Administrative
FEDERAL COURT
APPEAL

Office of Administrative Hearings (OAH)
Hearings (OAH)
Participants
Parents
Relevant IEP Team members
District Representative
SELPA Representative/Facilitator
Parents
Relevant IEP Team members
District Representative
SELPA Representative
OAH Mediator
Parents
Relevant IEP Team members
District Representative
SELPA Representative
OAH ALJ
Judge
Parents
District
Decision
Type
Legally binding written settlement agreement developed by the parties
with Facilitator assistance
Either party may revoke consent for any reason within 3 business days.
Legally binding written settlement
developed by the parties with
OAH Mediator assistance.
ALJ decision that is
binding on all parties.
Written binding
opinion (may
be appealed)
Time Frame
Within 10 days of the receipt of request for Mediation and Due Process,
the LEA must provide a formal written response (aka Prior Written
Notice or Answer) to the parent.
Within 15 days (including the 10 days noted) of the date the district
receives notice that a parent had filed for Mediation and Due Process
the LEA must schedule the local mediation resolution session. Session
must be held even if school is on summer break.
If the district does not schedule the Session within 15 days, or unwilling
to participate, parents may request that OAH set the matter for Due
Process immediately.
Issues must be resolved within the 30 day resolution period or the
district and/or parent may request to proceed to Mediation/Due
Process with OAH unless both parties agree to extend the timeline.
OAH schedules a formal mediation only
if the parties agree to mediation and
make a request in writing.
Issues must be resolved within 30 days
from the date received, unless parties
agree to extend the mediation time.
Hearing scheduled on 45th
calendar day after the
hearing request is filed.
3-5 days (Hearing average)
Decision is usually within 45
calendar days after the end
of the 30 day resolution
period (total 75 days).
District filed cases exclude
the 30 day resolution
period.
Hearing dates can be
requested to be continued
by the parties for good
cause.
May be as long
as 2+ years.
Process
Required by IDEA 2004 when a parent files for Due Process.
If the District files the case, a Local Resolution Meeting is not
required and the case goes directly to Mediation (if requested) and
Due Process.
For parent-filed cases, District and parents are required to attend the
local Resolution Session unless both parties agree in writing to waive
the Local Resolution Session and agree to:
•
go to Mediation and/or
•
Proceed with Due Process Hearing
14

Alternative Dispute Resolution Continuum – AFTER DUE PROCESS IS FILED
Features
LOCAL RESOLUTION SESSION
FORMAL MEDIATION
(Followed by Due Process Hearing)
DUE PROCESS HEARING
Office of Administrative
FEDERAL COURT

Office of Administrative Hearings (OAH)
Hearings (OAH)
Process
continued
If a parent refuses to attend, the District can request that
the case be dismissed after 30 days.
If a settlement is reached, results are reported to OAH, the case is
closed and does not go to Due Process.
If a settlement is not reached, results are reported to OAH, and the
case proceeds to a Due Process hearing.
Participation in a Local Resolution Session does not prevent
either party from agreeing to participate in a formal mediation.
Parties participate in a formal mediation with
an OAH mediator.
If the case is not settled, case proceeds to
Due Process Hearing.
Ruling can be appealed at the
Federal level within 90 days
from the date the decision is
issued.
Attorneys
Present
Recommend that attorneys do not attend. If a parent brings an
attorney to Local Resolution Session, then the District also has
a right to have an attorney present.
Note: Parents are not entitled to be reimbursed for attorney fees
accrued with participation in Local Resolution Sessions.
Attorney or Advocate optional for Parents
Attorney optional for District
Attorneys optional for both
parties.
Attorneys
optional for
both parties.
Confidential
No
*Unless a written agreement is signed by both parties.
Yes
*Can not be used as evidence in Hearing.
Published decision
*May be used as evidence in
any future legal proceedings.
Published Decision
*May be used as
evidence in any
future legal
proceedings
Costs
Free
*Unless attorneys are involved
Free
*Unless attorneys are involved
Parents may be entitled to
reimbursement of attorneys'
fees if they prevail.
Costs of remedy ordered by
ALJ.
Substantial costs for both
parties. Parents may seek
reimbursement for
attorneys' fees if they
prevail.
Results
Win/Win
Legally binding settlement agreement enforceable in court
A Notice of Resolution Outcome is sent to OAH whether the matter
settles or not.
Case is closed.
Win/Win
Legally binding settlement agreement
enforceable in court.
Case is closed.
Win/Lose
OAH decision is final unless the
case is appealed to the Federal
District Court.
Win/Lose
Who to
Contact
District Program Specialist
District Special Education Assistant Director
District Special Ed. Director
SELPA
OAH
OAH
Attorney(s)
15

Due Process Timelines
TIMELINE
ACTION
TIME COUNTED FROM
DETAILS
LEGAL
REFERENCE

2 years
Time Limit for Filing a
Due Process Hearing
Request
Date of Alleged Violation
Parents are limited to two years for filing a denial of FAPE claim. The two years are counted
from the date the denial was known or should have been known.
34 CFR 300.507(a)(2)
EC 56505(1)
1-3 Business Days
Receive Scheduling
Center
Filing with OAH
OAH sends the District and Parents a scheduling order within a day or so of receiving a DPH
request. The District may receive a parent’s DPH request prior to it being filed with OAH or
may not receive it at all.
OAH Guidelines
ASAP
Begin Case Preparation
Date Complaint Received
An attorney will request student records, schedule witness interviews, issue any necessary
subpoenas, and gather information for the defense.
EC56505(e)(3) CCR
3082(c)(2)
10 Calendar Days
Respond to DPH
Complaint
Date Complaint Received
The District’s response must include prior written notice regarding the subject matter contained
in the complaint if not previously provided to parent.
34 CFR 300.508(e) EC
56502(d)(2)(A)
15 Calendar Days
(Except District
Filings)
Convene or Waive
Resolution Session
(Written Waiver
Required)
Date Complaint Received by
LEA
Schedule the resolution session ASAP. File the resolution session report with OAH immediately
after the resolution session is held. (Not required for District filings.)
34 CFR
3 Calendar Days
Parties May Revoke
Consent to a Resolution
Agreement
Date of Agreement
Either party may have counsel review the resolution agreement and may revoke consent for any
reason within three days.
34 CFR 300.510
EC 56501.5(g)
30 Calendar Days
(Except District
Filings)
Resolution Period
Filing with OAH
The completion of the resolution period begins the 45-day DPH timeline on parent filed cases.
(No resolution period on District-filed cases.)
34 CFR 300.510
EC 56501.5(d)
15 Calendar Days
Notice of Insufficiency
(NOI) (Optional)
Date of Complaint Received
A NOI may be filed with the OAH if the complaint is poorly pled and does not meet due
process hearing request requirements.
34 CFR 300.508(d) EC
56502(d)(1)
5 Calendar Days
OAH Determination of
DPH Complaint
Sufficiency
Date of OAH Receives NOI
A NOI may be filed very early in a matter in hopes of receiving a dismissal prior to the
response being required.
34 CFR 300.508(d) EC
56502(d)(1)
Must be requested no
later than the date PHC
statements are due.
Mediation
Mediation is voluntary and may be scheduled at the request of the Parents and District.
OAH Guidelines
3 Business Days Prior
to PHC
Prehearing Conference
Statement
Date of PHC
A prehearing conference statement clarifies the issues, hearing accommodations, and hearing
details such as witness/evidence lists, motions, hearing dates and any concerns that may arise.
PAH Guidelines
1 Week Prior to
Hearing
Prehearing Conference
(PHC)
Date of Hearing
Conference with ALJ and parties to discuss PHC statements and hearing concerns.
OAH Guidelines
11 or More Calendar
Days Prior to Hearing
Settlement Offer
Pursuant FRCP Rule 68
Date of Hearing
Providing timely settlement offer may reduce an attorney’s fees if the offer is rejected and
OAH awards the same or less remedies contained in the settlement offer.
34 CFR
§300.517(c)(2)
At Least 10 Calendar
Days Prior to Hearing
Issue Statement/Notice
of Representation
Date of Hearing
A notice of representation is usually filed when an attorney receives a request for
representation from the client.
EC 56505(e)(6)
EC 56507(a)
5 Business Days Prior
to Hearing
Evidence Package and
Witness List Due
Date of Hearing
The
attorney
will
prepare
documentary
evidence
and
upload
it
on
OAH's
digital
management case system and serveit to parent or parents’ counsel.
EC 56505(e)(7)
75 Days Total (45
Days for District
Filings)
OAH Decision
Date of Filing
OAH must issue a decision within a 75-day timeline including the 30-day resolution period and
the 45-day hearing timeline. (District-filed cases exclude the 30-day resolution period.)
34 CFR 300.515(a)
EC 56505(f)(3)
30 School Days Total
Expedited Hearings
Date of Filing
Mediation at day 10/PHC at day 14/DPH at day 20/Decision at 30.
34 CFR 300.532(c)
45 Days Total for
DPH
OAH Decision
District Filing
Resolution Session at 15 Days/ Hearing at 30 Days.
OAH Guidelines
90 Days
Appeal Decision
Decision Receipt
Either party may appeal the DPH decision within 90 days of receipt.
34 CFR 300.516(b)
16

Frequently Asked Questions – Special Education Due Process Hearings and Mediations

These Frequently Asked Questions (FAQs) are designed to provide parents, students, and educational agencies with information on how to access the California Office of Administrative Hearings (OAH) special education due process hearing and mediation system. These FAQs were developed in consultation with the California Department of Education (CDE).

What is OAH?

The Office of Administrative Hearings (OAH) provides a neutral forum for fair and independent resolution of matters while ensuring due process and respecting the dignity of all. OAH is divided into two statewide divisions: General Jurisdiction and Special Education Division. OAH’s Special Education Division provides Administrative Law Judges (ALJ) to hear disputes as well as to provide mediation and settlement services throughout the state to school districts and parents of children with disabilities.

What happens when there is a disagreement about the special education needs of a student or whether a student needs special education and services?
When a disagreement arises about a child who has (or is suspected of needing) Special Education, a request for due process hearing may be filed. The request for due process must be in writing. A parent, student or education agency may use a form that has been developed by OAH and CDE in order to submit a request for due process.

Where can these forms be obtained?
OAH and CDE have developed a form entitled “Request for Due Process Hearing and Mediation” to assist parties in filing a request for hearing. Another form for “mediation only” has also been developed and is entitled “Request for Prehearing Mediation Only.” Both forms are available on the OAH website at www.oah.dgs.ca.gov or by contacting the Office of Administrative Hearings, Special Education Division, 2349 Gateway Oaks Drive, Suite 200, Sacramento, CA 95833, (916) 263-0880. Forms may also be obtained by contacting the California Department of Education at (916) 319-0800 or by visiting their website at www.cde.ca.gov.

How do I ask for a due process hearing or a mediation only?

To begin the process, a “Request for Due Process Hearing and Mediation” or a “Request for Prehearing Mediation Only” must be filed with the OAH. Although OAH has regional offices, all due process requests must be filed in Sacramento. The party requesting a due process hearing must at the same time send or deliver a copy of the request to the other party or parties. The request may be sent via sent via the internet using OAH’s Secure e-File Transfer (SFT) system, mailed, hand delivered, or sent by overnight delivery to the Office of Administrative Hearings, Special Education Division, 2349 Gateway Oaks Drive, Suite 200, Sacramento, CA 95833. OAH no longer accepts faxed documents.

What is the difference between mediation and a due process hearing?

Mediation is a voluntary, confidential, informal meeting at which the parties and an experienced, impartial mediator attempt to resolve the dispute in a cooperative, non-adversarial atmosphere. The mediator does not provide advocacy or legal advice to either party but facilitates communication between the parties. The participation of the neutral mediator makes it more likely that the parties will reach a mutually satisfactory resolution. Most mediations successfully resolve the dispute. Most mediations occur as part of the due process hearing procedures. However, as noted, a parent or school district can request a "mediation only," which is a mediation that takes place without also requesting a due process hearing. A hearing is a more

17

formal, trial-like legal proceeding in which all parties are given the opportunity to present evidence and arguments before an impartial Administrative Law Judge (ALJ). The ALJ then issues a written decision, which is the final administrative decision resolving the matter (unless appealed by either party).

Who may request a due process hearing or mediation only?
A parent or legal guardian of a student with a disability (or suspected of having a disability) may request a hearing or mediation. A school district or other educational agency may also make such a request. In some cases, the student may make a request. Each side of the disagreement is referred to as a “party.”

How long do I have to request a due process hearing or mediation only?
Education Code section 56505, subdivision (l), provides that a request for a due process hearing must be filed within two years from the date the party initiating the request knew or had reason to know of the facts underlying the basis for the request. This is typically referred to as the “statute of limitations.” However, there are exceptions to the application of this two-year provision, and OAH recommends that parents, students, and school district obtain advice from legal counsel to determine the viability of a request for due process.

What must be in a request for a due process hearing?
All requests for due process hearing and mediation are confidential. To be legally sufficient, a request for a due process hearing must contain the following information:
1. the name of the child, the address of the residence of the child, and the name of the school the child is attending;
2. if the child is homeless, available contact information for the child and the name of the school the child is attending;
3. a description of the nature of the problem, including facts relating to the problem; (i.e., describing the facts of the disagreement, such as the “who, what, where, how, why and when/dates”); and
4. a proposed resolution of the problem which is what the party wants the ALJ to order the other party to do.

What will happen to the student’s education during the due process hearing process?
The law requires that the student remain in his or her present educational placement during the mediation and hearing process until the ALJ issues a written decision, unless the school district and the parents agree otherwise. This requirement is often referred to as the “stay put” provision of the law. There are some specific exceptions to the stay put requirement when discipline is involved.

How will I know when my mediation and due process hearing have been scheduled? You will receive a written document titled “Notice of Due Process Hearing and Mediation and Scheduling
Order” approximately one week after filing a request for due process hearing. The notice will contain a date, time, and location of the mediation and due process hearing. It will also contain a date for a telephonic prehearing conference.

When will the due process hearing be scheduled?
The hearing is initially scheduled approximately 45 days after the hearing request is received, to allow time for the 30-day resolution meeting and for a resolution session to take place. The average hearing takes approximately 5 days to complete.

What happens in the first 30 days after the form is filed requesting a due process hearing?	18

Within the first 30 days after the request for hearing is made, the parties must have a meeting called a “resolution meeting.”

What is a resolution meeting?
Once a school district receives notice that a due process hearing request has been filed by a parent, the district has 15 days to hold a resolution meeting with the parents. The resolution meeting must include someone from the district who has the authority to make a decision for the district. The district’s lawyer is not allowed to come to the resolution "unless” the parent brings a lawyer. This meeting gives parties an opportunity to resolve the dispute. If the dispute is not resolved within 30 days after the district has received the due process hearing request, then the hearing proceeds as scheduled in the Scheduling Order. There is no requirement in the law for a resolution meeting in district filed requests for hearing.

Does the resolution meeting have to include the entire IEP team?
The law requires participation by “relevant” IEP members who have knowledge of the complaint.

What is the process for notification of the resolution meeting?
The school district, not OAH, is responsible for convening the resolution meeting and assembling the required participants.

May the resolution meeting be waived?
The parents and the school district may mutually agree to waive the resolution meeting. This agreement must be in writing. The parents and the district may also agree to use mediation instead of holding the resolution meeting. If OAH receives a written waiver of the resolution meeting signed by both parties, the period allotted for the resolution meeting ends, and the matter proceeds to mediation and hearing.

What if the parents do not attend the resolution meeting?
If the parents refuse to go to the resolution meeting, then they have not met the legal requirements to get a due process hearing, and the case may be dismissed.

What if the case is settled in the resolution meeting?
If the case is resolved at the resolution meeting, then both parties sign a settlement agreement. The settlement agreement is a legal document that can be enforced by a state or federal court of competent jurisdiction. The parties have three business days after the settlement agreement is signed to cancel the agreement. If the agreement is cancelled, then the due process hearing goes forward. If the parties reach an agreement at the resolution meeting they must notify OAH in writing.

If the resolution meeting is unsuccessful or cancelled, should the parties advise OAH?
Yes, because OAH will be able to advance the scheduling of a hearing date. If no communication is received, OAH will assume after 30 days that the resolution meeting was unsuccessful and the matter will proceed to mediation and hearing.

Do the parties have to wait 30 days before notifying OAH that they can't resolve issues in a resolution meeting and therefore need to proceed to hearing?
If the parties have reached an impasse prior to expiration of the 30-day period and submit to OAH a written statement to that effect, signed and dated by both parties, the matter will proceed to mediation and hearing.

19

OAH will not consider the resolution period terminated based on one party’s assertion that the parties are at impasse.

What happens after the first 30 days has passed? The parties will attend a mediation, if requested.

What is mediation?
Mediation is a way of settling a disagreement through facilitated discussion. At mediation the parties have the help of a trained mediator, who is unbiased and independent of both parties. The mediator will help the parties try to find a solution that is acceptable to both parties. In mediation, the parties work together to try to find a solution that will satisfy both parties. The parties decide whether or not the dispute is settled. If the parties try mediation but cannot reach an agreement, they still have the right to continue to a due process hearing.

What if one of the parties does not want to participate in mediation?
Mediation is a voluntary process. It is encouraged because it is more likely to lead to a settlement of the dispute, but participation in mediation is voluntary. If one of the parties declines the opportunity to mediate, the dispute will proceed to hearing.

What if I need an interpreter at the mediation?
If you need a language interpreter or an interpreter for the hearing or sight impaired, you must notify OAH before the mediation. OAH will provide the interpreter at state expense. When you ask for an interpreter, be sure to say what language or type of interpreter you need.

Am I allowed to have an attorney represent me?
You may have an attorney represent you at mediation which is scheduled as a part of your due process hearing. You do not have the right to have an attorney appointed for you.

Where can I get assistance in finding an attorney or other representative?
OAH maintains a list of persons and organizations that can provide representation on a free or reduced cost basis. This list is available upon request and is on the OAH website. Other resources for obtaining legal representation may be available through the local school districts or the internet.

Why should the parties participate in mediation?
Both federal and state law encourage the use of mediation for all special education disputes. The majority of special education disputes are resolved through mediation. Mediation is a preferred method for resolving disputes for a number of reasons, including the following:
1. The parties are more likely to maintain a cooperative relationship in the future if the settlement of the dispute is by mutual agreement.
2. Through mediation, the parties have a great deal of flexibility in reaching a mutually acceptable settlement. When the dispute goes to hearing, the ALJ makes the final decision which may not be completely satisfactory to either party.
3. If the parties reach an agreement in mediation, the agreement is written and signed that same day and can be implemented immediately. If the case goes forward to hearing, the ALJ must take time to consider the evidence presented at the hearing and then write a decision informing the parties of his or her determination.

20

4. Mediation is less costly than a hearing in terms of time, money, and personal stress.

Is mediation confidential?
Except for enforcement purposes, any agreement reached, and everything said in a mediation are confidential and are protected by law from being revealed in any other place. This is to encourage the parties to discuss their dispute candidly without fear of the later consequences of what they say.

What happens during mediation?
While all mediators have different ways of approaching mediation, most mediators begin with all of the parties in the same room. The mediator will explain how the mediation will proceed and will usually ask the parties to explain their positions regarding the dispute. The mediator will summarize the issues and invite discussion. Then the mediator may suggest that the parties adjourn to separate rooms. This is called “caucusing.” During caucusing, the mediator goes back and forth between the parties trying to develop a basis for common ground and a written agreement. Sometimes the parties are brought back together; sometimes they are not.

How will the parties be notified of the mediation?
When a hearing or mediation is requested, OAH sends a notice to all the parties setting the mediation date. A mediator will be assigned shortly before the mediation. The identity of the mediator can be obtained by either calling the Sacramento OAH office or through the online calendar at www.oah.dgs.ca.gov.

Where will the mediation take place?
In Clovis Unified, the mediation is usually held at the school district or virtually.

What happens if the mediation is successful?
The parties enter into a written agreement resolving their dispute. OAH then closes the matter because the dispute has been resolved.

Is the process different when “mediation only” is requested?
The process is basically the same except that attorneys and advocates cannot attend a mediation only. If parties are unable to resolve the dispute at the mediation only, the matter is closed. However, either party retains the option of filing a due process hearing request if the case is not resolved during mediation.

If mediation is unsuccessful, will the same ALJ be assigned to the due process hearing?
The mediation and hearing functions of OAH are kept separate so that the parties in mediation will feel free to discuss their dispute candidly. A mediator never discusses the case with anyone else in the office. He or she only reports whether the mediation was successful or not. In addition, all documents that result from mediation are sealed in an envelope marked confidential. The same ALJ will not be assigned to the due process hearing.

What happens after an unsuccessful mediation and a party has requested a due process hearing?
The case will proceed to due process hearing before an ALJ on the date scheduled in the scheduling order unless postponed (see information on continuances below). A telephonic prehearing conference, also scheduled in the scheduling order, will be conducted prior to the hearing.

21

Who conducts the prehearing conference and the due process hearing?
An Administrative Law Judge (ALJ) from OAH oversees the due process hearing, just like a judge is in charge of a trial. The ALJ does not take the side of either party and is independent of the school district and the California Department of Education. The ALJ rules on all procedural matters, runs the hearing, listens to the evidence and arguments of the parties, and writes a final decision. The ALJ will have telephone conferences or meetings before the hearing, give written orders, and generally control the hearing process. All ALJs are licensed California attorneys who have received specialized training in special education law and in the conduct of administrative hearings.

Do I need an attorney to go to a due process hearing?
If you are a party in a due process hearing, you do not have to have an attorney. As a parent or legal guardian, you may represent yourself and your child. If you choose to represent yourself, you will need to know the law and rules that apply to your case. OAH cannot give you legal advice or help you present your case. You can also be accompanied throughout the hearing process by someone with special knowledge or training relating to the problems of special education students, at your own expense. At a parent’s request, OAH will provide a mediator without charge to assist the parent in identifying the issues and proposed resolutions that are stated in the request for due process hearing. However, the OAH-provided-mediator can only assist with preparation of documents and answer questions about the process. The mediator cannot provide legal advice.

Am I allowed to have an attorney represent me?
You may have an attorney represent you at due process hearing. You do not have the right to have an attorney appointed for you.

Must I give notice to the other parties if I plan to use an attorney?
The law requires that a party notify all other parties ten days before a hearing if that party intends to be represented by an attorney at the hearing.

What about attorneys’ fees?
Parents may be entitled to have attorneys' fees reimbursed if they prevail as a result of filing for a due process hearing. School districts may also have attorneys’ fees reimbursed, but only if parents act in bad faith in using the hearing process. Attorneys’ fees are not awarded by the ALJ hearing the case. Recovery of attorney’s fees requires that a separate case be filed with the federal or state court.

Where can I get assistance in finding an attorney or other representative to represent me at the due process hearing?
OAH maintains a list of persons and organizations that can provide representation on a free or reduced cost basis. This list is available upon request and is on the OAH website. Other resources for obtaining legal representation may be available through the local school districts or the internet.

What if I need an interpreter at the due process hearing?
If you need a language interpreter or an interpreter for the hearing or sight impaired, you must notify OAH before the mediation, hearing, or event where the interpreter will be needed. OAH will provide the interpreter at state expense. When you ask for an interpreter, be sure to say what language or kind of interpreter you need.

What if I can’t attend the hearing on the day it is scheduled?

22

You may request a postponement, which is called a continuance, as long as you have “good cause” to do so. A request that the hearing be continued is simply a request by one or more of the parties that the hearing be rescheduled to a later date. Continuing the case also means that the time for issuance of a decision is extended.

What is “good cause” for a continuance?
In determining whether good cause exists for a continuance, the ALJ will consider the facts supporting the request for continuance, prior rulings by OAH on continuance requests, and the legal mandate for speedy resolution of special education disputes.

How do I request or respond to a request for a continuance?
Whenever possible, a party seeking a continuance should first contact the other party to inquire if the other party will agree to continue the hearing. If all the parties agree to the continuance, they should promptly communicate their agreement in writing to OAH. The parties must identify specific facts showing good cause for the continuance. If the parties are unable to agree on a continuance of the hearing, the party requesting a continuance should submit a request in writing to OAH and at the same time send a copy of the request to the other parties. The written request should state the specific facts supporting the request for a continuance, indicate the time at which the parties learned of the facts that created the need for a continuance, and show that a copy of the request has been sent at the same time to the other parties. If you wish to oppose a request for continuance, you must submit your reasons for opposing the request, in writing, to OAH within three (3) business days of the request for continuance.

What is OAH's procedure for ruling on a request for continuance?
All continuance requests are ruled on by a presiding administrative law judge (PALJ) or his or her designee. Until a ruling has been made on the continuance request, the parties should be prepared to proceed on the date and time previously scheduled.

What happens once a ruling is made on a continuance request?
If a continuance request is granted, the hearing will be rescheduled, and the 45-day time limit will be extended accordingly. OAH will either provide the parties with a notice of the new hearing date or schedule a telephonic trial setting conference to set mutually agreeable dates for the prehearing conference and the hearing.

Are parties permitted to stipulate (agree) to continuances?
While parties may jointly request a continuance, by law, the parties must still establish good cause, which must be decided by PALJ. A stipulation by the parties is not a substitute for the requirement of finding good cause. However, the fact that the parties jointly request a continuance will be considered in the assessment of good cause.

Are parties permitted to stipulate to specific hearing dates as part of a continuance?
The law requires these matters to be heard within a specified time period. The parties are encouraged to cooperatively arrive at agreement hearing dates for the matter. OAH will consider the parties’ preferences in resetting the matter once a finding of good cause for the continuance is determined.

Before the due process hearing begins, what other events will occur?

23

Before the hearing is held, various prehearing events may occur. Primarily these are motions, trial setting conferences, status conferences, and prehearing conferences.

What is a motion?
A motion is simply a written request that an ALJ rule on a particular issue prior to the due process hearing.

When should I make a prehearing motion?
The following are examples of issues that are appropriate for resolution through the filing of a prehearing motion:
1. Whether good cause exists for a continuance;
2. Determining the student’s stay put placement pending resolution of the dispute; 3. Dismissal of a party or parties; and
4. Consolidation of two cases into one for hearing.

How do I make a prehearing motion?
A party may obtain a ruling on a prehearing issue by submitting a written request for a ruling. This is called a motion. While OAH has regional offices, all motions must be filed at the Sacramento location. The written motion should state the specific facts and legal authority supporting the motion and indicate that a copy of the motion has at the same time been sent to the other party or parties. When facts important to the motion are in dispute, declarations (affidavits) about the facts, made under penalty of perjury, should be included in the motions.

Before OAH rules on a motion, will OAH ensure that all parties get a copy of the motion? The party making the motion must serve it on the other party at the same time it files the motion with OAH. OAH does not forward a copy of the motion to the other parties.

How and when do I oppose a motion? When will OAH rule on the motion?
The party wishing to file an opposition to a motion has three business days from the filing/service of the motion to send a copy of the response to OAH and all other parties. After three business days OAH may rule on the motion, but its timing will depend on the nature of the motion, its urgency, and the nearness of the hearing date.

Are prehearing motions assigned to the ALJ handling the case?
Most motions filed before assignment of an ALJ to a matter will be handled by the Presiding Administrative Law Judge of the Sacramento office (PALJ) or his or her designee. Motions filed after the assignment of an ALJ to the matter will be handled by the ALJ assigned to hear the matter.

What is a trial setting conference?
It is a brief, unrecorded telephonic conference initiated by the ALJ from an OAH office during which the dates and times for further proceedings are set, such as the prehearing conference and the due process hearing. It gives the parties and the ALJ an opportunity to consult their calendars and agree on dates that are acceptable to all.

What happens if I do not participate in a trial setting conference?
The conference will proceed without you, and the other party and the ALJ will set dates for further proceedings that are convenient to them.

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What is a prehearing conference?
A prehearing conference is a meeting, usually by telephone or virtually, of the ALJ and the parties that is held to organize the upcoming hearing. The parties may discuss with the ALJ almost any issue concerning how the hearing will proceed, such as the need for clarification of issues, the length of the hearing, additional dates for motions and the hearing, and the need for an interpreter or special accommodation at the hearing. The ALJ may cover the disclosure of witnesses, evidence, and exhibits. A prehearing conference may also decide which party will put on its case first and what documentary evidence and witnesses will be presented by the parties. The parties are required to address these issues in written prehearing statements that must be filed three business days before the prehearing conference.

Will the same Administrative Law Judge who conducted the prehearing conference also conduct the hearing?
OAH makes every effort to assign the ALJ who conducted the prehearing conference to the hearing. However, scheduling problems may require that another ALJ be assigned to conduct the hearing.

What if I don’t want to use the particular ALJ assigned to hear my case?
A peremptory challenge is the disqualification of the ALJ scheduled to preside over the hearing. A party can challenge an assigned ALJ one time for any reason. The challenge will be reviewed and if this challenge is granted, a different ALJ will be assigned. If a party wants to exercise a peremptory challenge, the challenge should be made as soon as an ALJ is assigned. This can be determined by contacting the Sacramento OAH office or from the calendar located on the OAH web site at www.oah.dgs.ca.gov. In no event can the challenge be made once the prehearing conference or hearing has started.

What should I do to prepare for the hearing?
In preparing for a hearing, a party must not only determine what issues need to be addressed by the ALJ but must also prepare to present evidence during the hearing to support the party's position on those issues. Additionally, the law requires that, prior to the hearing; each party must make certain disclosures to the other parties, including notice of the following:
1. proposed issues;
2. proposed resolutions;
3. evidence to be presented at the hearing;
4. witnesses that may be called to testify; and 5. representation by an attorney.

Can I get my child's school records?
Parents have the right to examine all pupil records maintained by the school district that are related to their child and to receive copies within five business days after requesting them. Parents should call or write their school district to request access to pupil records.

Do I have to give notice of the evidence I plan to present during the hearing?
By law each party must provide to the other parties copies of all documents that the party plans to use during the hearing. Each party must also provide to the other parties a list of all witnesses who will provide testimony, and a brief description of their expected testimony.

When must the evidence be provided to the other party and to OAH?

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The evidence must be received by the other parties at least five business days before the hearing. Copies of the evidence should not be sent to OAH, but should be uploaded to OAH's electronic digital evidence management system (CASELINES) by the five business day deadline.

What happens if I fail to provide the evidence to the other party five business days prior to the hearing?
The ALJ has discretion to exclude the evidence.

How can I make sure witnesses appear at the hearing?
Most witnesses appear voluntarily when asked. Typically, the school district will be calling many of the same witnesses, who can be questioned when they testify for the district. If a witness is unwilling to appear voluntarily, a subpoena (or a subpoena for records) may be obtained from OAH and served by the party wanting to ensure the presence of the witness or the records. The requirements for serving a subpoena must be observed or the subpoena will be ineffective. Those requirements can be found in Government Code sections 11450.05 through 11450.50. The Government Code can be found in a law library or on line at http://www.leginfo.ca.gov.

When will the due process hearings be scheduled?
Hearings are scheduled on any regular business day, depending on the availability of an ALJ, usually on mutually convenient dates chosen by the parties. Most hearings begin at 9:30 am and end at 5:00 pm.

Where will the hearing be held?

The law requires that the hearing be held at a place reasonably convenient to the parent and the student. Hearings are usually held in local school facilities or virtually. The hearing room, at a minimum, should have one table for Student’s representatives, one table for District’s representatives, one table for the ALJ with a nearby electrical outlet, and one witness table.

Will OAH send copies of documents such as the notices of due process hearings to an advocate or a particular law firm upon receipt of written notice to do so?

OAH normally sends documents notice only to the parties to the matter. A written notice of representation must be received for each case before a notice will be sent to an advocate, a lawyer, or a law firm.

What happens during the hearing?

The purpose of the hearing is to allow all parties to present evidence supporting their positions and to explain to the ALJ why they believe they should prevail on the issues being heard. The hearing is not governed by formal rules of procedure or evidence. Although the hearing is less formal than a court trial, the hearing will proceed in an orderly fashion that is similar to a trial. At the beginning of the hearing, the ALJ turns on a recorder to make a record of the hearing and, after identifying the case and the parties for the record, briefly explains how the hearing will proceed. The ALJ may only speak with a party about the case in presence of the other parties. It is important to have any substantive discussions about the case on the record. Once preliminary matters are completed, each party is given an opportunity to make an opening statement, which should provide the ALJ with a brief summary of the party’s position on the issues being heard. Then evidence is presented. The party who requested the hearing is usually the party who presents evidence first. All witnesses are sworn to tell the truth. After one party has presented its witnesses and evidence, the other

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parties will call their witnesses. Each party will be given an opportunity to ask questions of the other parties’ witnesses, and the ALJ may also ask questions of the witnesses. The ALJ may ask the parties to be flexible as to when witnesses are called to ensure that all relevant testimony is presented. At the end of the hearing, each party is allowed to make a closing argument. In some cases, the ALJ may ask the parties to make oral closing arguments. In others, closing statements will be submitted in writing after the hearing. After closing statements are received, the hearing record is closed. The ALJ will then prepare a written decision, which will be sent to the parties.

What issues can be considered at the hearing?
State and federal law prohibit the consideration at a due process hearing of any issue that is not raised in the request for due process hearing, unless the other party consents, or unless, not later than five days before the hearing, an ALJ grants permission to a party to add an issue under Education Code section 56502, subdivision (e). A party that wishes to add issues to a case must file a motion for leave to amend the complaint. If a complaint is amended, the timelines for resolution meetings, mediations, and hearing start over again.

What are the rights of the parties during the hearing? All of the parties have the following rights during the hearing:

•	Right to representation. All parties have the right to be accompanied, advised, and assisted by counsel and by persons with special knowledge or training related to the problems of disabled children.
•	Right to request the exclusion of witnesses. Any party may ask the ALJ to order prospective witnesses to remain outside the hearing room while other witnesses are testifying. This practice allows the ALJ to compare the testimony of witnesses who have not heard each other testify.
•	Right to present evidence and argument. All parties have the right to call witnesses and present evidence that will help them prove their cases. They will also be given the opportunity to argue the merits of their cases.
•	Right to confront and cross-examine adverse witnesses. All parties have the right to be present when witnesses testify against their positions and to ask them questions concerning their testimony.
•	Right to written findings of fact and decision. The ALJ must prepare a written decision setting forth his or her factual findings, analysis of the applicable law, and final decision.

Do parents have any additional rights during the hearing process?

The law provides the following special rights to parents in addition to the rights set out above:

•	Right to an interpreter. If the primary language of a party is other than English, an interpreter will be provided by OAH. It is important that the parties notify OAH well before the hearing that an interpreter will be needed.
•	Right to close the hearing to the public. At the parents' request the ALJ will close the hearing to anyone but the participants.
•	Right to a public hearing. Parents have the right, if they choose, to allow members of the public to attend the hearing.
•	Right to presence of the student. Parents have the right to have their child present during the hearing.

What authority does the Administrative Law Judge have at the hearing?
The ALJ has the authority to take all actions necessary to complete the hearing in an efficient and expeditious manner, and to render the final administrative decision. By law, the hearing officer is given additional specific authority to:

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•	Question a witness on the record before any of the parties does;
•	With the consent of all parties, request that conflicting experts discuss an issue with each other while in the record;
•	Visit the proposed placement site when the physical attributes of the site are at issue;
•	Call a witness to testify at the hearing if all the parties consent, or if the hearing is continued for at least five days prior to the testimony of the witness;
•	Order that an impartial assessment of the pupil be conducted (the cost of which will be paid by OAH); •	Put reasonable time limits on the hearing; and
•	Initiate contempt sanctions and/or impose expenses and attorneys' fees against a party, attorney, or other representative for misconduct.

May I request that security be present at the hearing?
For in-person hearings, OAH will arrange for the presence of a security officer on request or when deemed necessary.

What happens if I do not attend the hearing?
If the person who requested the hearing does not appear at the hearing, the request for hearing may be dismissed or the hearing may proceed without that party, and a decision may be rendered based upon the evidence presented during the hearing.

How long is the due process hearing?
Before the hearing, the ALJ and the parties will make an estimate of the time the hearing will take, and the ALJ will reserve that number of days on OAH's calendar. If it appears that the hearing will take longer, the ALJ has the discretion to obtain additional hearing days.

Does OAH set time limits for witness testimony? The ALJ has the power to do so in any particular case.

Is telephonic testimony permitted?
Yes, telephonic testimony is permitted at the discretion of the ALJ. A witness testifying by telephone must have available all of the exhibits of both parties.

Are the technical rules of evidence followed in hearings?
The technical rules of evidence do not apply in a special education due process hearing. The rules for admitting evidence in due process hearings can be found in Title 5 of the California Code of Regulations, section 3082(b).

What legal rules apply to the hearing?
The ALJ is required to decide the hearing according to the legal principles set forth in the federal and state law, and in the decisions of courts interpreting those principles. OAH also relies on prior decisions of its own ALJs and of its predecessor agency, the Special Education Hearing Office, which by law may be used as persuasive, but not binding authority.

Where can I find prior OAH decisions?
OAH posts its decisions on its web site at www.oah.dgs.ca.gov. The OAH website also includes a link to the California Department of Education website which contains all hearing decisions.

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How do I file a document with OAH?

OAH accepts documents delivered by uploading to OAH's mail, personal delivery, using OAH’s Secure e-File Transfer (SFT) system, mailed, hand delivered, or sent by overnight delivery to the Office of Administrative Hearings, Special Education Division, 2349 Gateway Oaks Drive, Suite 200, Sacramento, CA 95833. OAH no longer accepts faxed documents. It is not necessary to file a document by more than one method.

Must I send a document to the other party or parties at the same time?

A document is not considered properly filed unless the document itself shows that the party filing it delivered the document to all other parties on the same day it was sent to OAH.

What happens when a filing deadline falls on a weekend or a holiday?

When a filing deadline falls on a weekend or holiday, the deadline is automatically extended to the next business day.

How long does the process take?

Most disputes must, by law, be heard and decided within 45 calendar days of the receipt of a request for a due process hearing. This timeline does not include time used by a continuance (postponement) requested by a party and granted by OAH, or time used by the resolution meeting process. Expedited hearings, which involve student discipline, must be held within 20 school days of the receipt of the complaint, and a written decision must be issued within 10 school days after the hearing.

What if I disagree with the decision?

Any party has the right to appeal the decision to a state or federal court of competent jurisdiction within 90 days of the receipt of the decision but no later. The hearing is recorded, and parents have the right to a written verbatim transcript of the hearing. If a parent wishes to have such a transcript, the parent should submit a request in writing to OAH.

What can a parent do if a school district fails to comply with a mediation agreement or hearing decision?

If a school district or other agency does not comply with the provisions of a settlement agreement or hearing decision, a parent may file a complaint with the California Department of Education, Special Education Division, Procedural Safeguards Referral Service, 1430 N Street, Sacramento, CA 95814, Attention: PSRS intake, telephone: 800-926-0648, facsimile: 916-327-3704. A parent may also file a lawsuit in an appropriate court.

How can I get answers to questions that are not answered here?

Anyone may call OAH at 916-263-0880 for further information about the due process hearing and mediation system. OAH staff cannot give legal advice but will answer any procedural questions a parent or a district may have.

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SPECIAL EDUCATION TERMINOLOGY

The following is a list of terms used in specialized areas, such as educa on, psychology, and medicine. The deﬁni ons of these words are helpful to parents when reading reports, a ending mee ngs, conferences, and/or talking with specialists who work with their child.

Academic ‐ Refers to subjects such as reading, wri ng, math, social studies, and science.

Access ‐ (1) The right to enter, get near, or make use of something or to have contact with someone. For example, a child with a disability may need transporta on to access his special educa on program. (2) A personal inspec on and review of a record, an accurate copy of a record, an oral descrip on or communica on of a record, or a request to release a copy of an educa onal record.

Accommoda ons ‐ Changes in format, response, se ng,  ming or scheduling that do not alter in any signiﬁcant way what a test measures or the comparability of scores.

Adapted Physical Educa on (APE) ‐ A related service for students with disabili es require developmental or correc ve instruc on in the area of physical educa on.

Adap ve Behavior ‐ The ability of an individual to meet the standards of personal independence as well as social responsibility appropriate for his or her chronological age
and cultural group.

Administrative Law Judge (ALJ) - Judges provided by OAH to conduct Due Process Hearings in a manner similar to civil court trials. They are neutral fact-finders, fully independent of the agencies whose attorneys appear before them.

Administra ve Unit (AU) ‐ (same as Responsible Local Agency) A district, county oﬃce, or agency iden ﬁed in a SELPA local plan as having, among other du es, the responsibility to receive and distribute funds in support of the local plan.

Advocate ‐ A person who represents and provides support to children with disabili es and/or their parents.

Age of Majority ‐ Age 18, the age at which special educa on parental rights and

procedural safeguards transfer from the parent to their child with a disability unless conservatorship is made. This must be addressed by the IEP team prior to age 18.

Alternate Assessment ‐ A test designed for the small number of students with severe

disabili es who cannot par cipate in the regular state standardized tes ng and repor ng system. It is a means of including students with the most signiﬁcant disabili es in the
state’s assessment and accountability program.

Alternate Curriculum ‐ The curriculum used for students with more signiﬁcant disabili es to access the core areas of the California State Standards.

Alterna ve Dispute Resolu on (ADR) ‐ An informal and FREE method of se ling concerns or disagreements between a parent and a LEA. It is a process that encourages all par es to problem‐solve and reach a mutually beneﬁcial agreement through strategies such as professional development, parent training, facilitated IEP mee ngs, resolu on sessions, and media on
mee ngs.

Americans with Disabili es Act (ADA) ‐ This act prohibits discrimina on of individuals based on disability.

Annual Review ‐ A scheduled mee ng of the IEP team on at least an annual basis to review, revise, and update the IEP.

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Appeal ‐ An integral part of the due process and complaint procedures. If the party ﬁling a complaint disagrees with the ﬁndings, the party may give input at the local board presenta on of ﬁndings or request review of the ﬁndings by the State Superintendent of Instruc on. A parent or LEA that disagrees with a due process decision may appeal that decision through the court of appropriate jurisdic on.

Applied Behavior Analysis (ABA) ‐ Applica on of learning principles derived from operant condi oning used to increase or decrease speciﬁc behaviors.

Ap tude Test ‐ A test which measures someone’s capacity, capability, or talent for learning something.

Assessment/Evalua on ‐ Assessment encompasses all those func ons in the tes ng and
diagnos c process. It may include observa on, interviews and tes ng methods to iden fy if a child has a disability, the severity of that condi on, and the child’s educa onal needs based on his or her learning proﬁle.

Assis ve Technology ‐ The term "assis ve technology device" means any item, piece of equipment or product system, whether acquired commercially oﬀ the shelf, modiﬁed, or customized, that is used to increase, maintain, or improve func onal capabili es of a child with a disability. The term "assis ve technology service" means any service that directly assists a child with a disability in the selec on, acquisi on, or use of an assis ve technologydevice.

At‐risk ‐ An infant, child, or youth who has a high probability of exhibi ng delays in development or of developing a disability.

A en on Deﬁcit Hyperac vity Disorder (ADHD) ‐ A disorder characterized by symptoms of ina en on, hyperac vity, and impulsivity.

A en on Span ‐ The extent to which a person can concentrate on a single task (some mes measured in length of  me).

Audiologist ‐ A professional who studies the science of hearing and provides educa on and treatment for persons with hearing loss.

Auditory Percep on ‐ How a person perceives or hears speciﬁc sounds.

Au sm Spectrum Disorder (ASD) ‐ A developmental disorder characterized by abnormal or impaired development in social interac on and communica on; restricted repertoire of ac vi es and interests; and/or repe	ve pa erns of behavior.

Behavior Interven on Services ‐ A systema c implementa on of procedures designed to promote las ng, posi ve changes in the student's behavior in the least restric ve environment; may include an individualized plan to address behaviors that impede a student’s learning or the learning of others and describes posi ve changes to the environment, supports, instruc onal materials and strategies to be used to promote alterna ve replacement behaviors that support classroom success.

Blind ‐ An impairment in which an individual may have some light or form percep on or be totally without sight; When a child relies basically on senses other than vision as a major channel for learning.

Braille ‐ A communica on system u lizing raised presenta on of wri en materials for tactual interpreta on; frequently used by individuals who are blind.

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California Children’s Services (CCS) ‐ Agency which provides medically necessary physical and occupa onal therapy for students eligibly under CCS criteria.

California Code of Regula ons (CCR) ‐ Contains administra ve regula ons for the applica on of Educa on Code.

California Department of Educa on (CDE) ‐ State agency responsible for educa onal policies and procedures required by legisla on.

CALPADS (California Longitudinal Pupil Achievement Data System ‐ The foundation of California's K-12 education data system, comprising student demogrpahic, program participation, grade level, enrollment, course enrollment and completion, discipline, and statewide assessment data.

Child Find ‐ A federal mandate, this is the means to locate and refer all individuals who might require special educa on.

Code of Federal Regula ons (CFR) ‐ Contains administra ve regula ons for the applica on of federal laws such as the IDEA.

Cogni ve Opera ons (Skills) ‐ Processes involved in thinking, knowing; analy cal or logical:

1. Cognition – comprehension
2. Memory – retention and recall of information
3. Convergent thinking – bringing together of knownfacts
4. Divergent thinking – use of knowledge in new ways (creativethinking) 5. Evaluation – criticalthinking

Cogni ve Skills ‐ The act or process of knowing; analy cal or logical thinking.

Community Advisory Commi ee (CAC) ‐ A commi ee of parents and guardians, including

parents or guardians of individuals with excep onal needs, and representa ves from schools and community agencies, which has been established to advise the SELPA regarding the development
and review of programs under the comprehensive Local Plan.

Community Based Instruc on (CBI) ‐ A strategy for teaching func onal skills in the environment in which they would naturally occur.

Compliance Complaint ‐ An alleged viola on by a public agency of any federal or state law or regula on; Typically ﬁled with the CDE by a person who thinks that a special educa on law has been violated (e.g., failure to implement a service as speciﬁed in an IEP).

Complainant - The individual and/or entity filing the Compliance Complaint.

Conﬁden ality ‐ Assurance that no informa on contained in school records be released without parental permission, except as provided by law.

Consent ‐ Permission from the parent/student or a student eighteen years or older as required by law for assessment, release of records, and implementa on of a special educa on program developed by an IEP team.

Core Curriculum ‐ The LEA ‐deﬁned curriculum. The core curri culum is the range of knowledge and skills which are included in the LEA‐adopted course of study and which must be learned for successful grade promo on and gradua on. IEP goals and objec ves should reﬂect knoewdlge and	implementa on of the LEA’s core curriculum as adapted for the student with disabili es.

Counseling and Guidance ‐ Counseling in a group se ng, provided by a qualiﬁed individual pursuant to an IEP.

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Criterion‐Referenced Tes ng (or measurements) ‐ Measures individual performance compared to an acceptable standard (criterion) – such as “can correctly name le ers of the alphabet” – not to the performance of others as in norm‐referenced tes ng.

Curriculum‐based Measurement ‐ Evalua on techniques for monitoring student progress in core academic areas such as reading, wri ng and math.

Day Treatment ‐ Day Treatment and Day Rehabilita on may be provided by a school‐based program or by a non‐ public school program. Services include assessment, plan development, therapy, rehabilita on, and educa onally‐ related services.

Deaf ‐ When a student has a hearing loss so severe that it inhibits language processing and aﬀects educa onal performance.

Deaf Blind ‐ When a student has a hearing loss and visual impairment which causes severe communica on, developmental, and educa onal problems.

Disability ‐ An inability or incapacity to perform a task or ac vity in a norma ve fashion.

Discrepancy ‐ In regard to learning disabili es, the diﬀerence between the student’s actual academic performance and his or her es mated ability.

Dispropor onality ‐ Refers to being out of propor on. Dispropor onate representa on is the determina on that students in special educa on are over ‐ or under‐represented based on
race/ethnicity overall or by disability.

Due Process ‐ Procedural safeguards to ensure the protec on of the rights of the parent / guardian and the student with a disability under IDEA and related state and federal laws and regula ons.

Due Process Hearing - A more formal trial-like proceeding in which all parties are given a change to present evidence and arguments before an impartial Administrative Law Judge who then issues a final written decision resolving the matter. This is also known as "fair hearing".

English Language Development (ELD) ‐ A separate core content instruc onal area for English Learners (EL) to accelerate their English proﬁciency by promo ng the eﬀec ve and eﬃcient acquisi on of listening, speaking, reading, and wri ng skills of the EL student. ELD instruc on is the direct, systema c, explicit development of vocabulary, grammar, comprehension and expression in both oral and wri en domains of English using curricula and instruc onal methods appropriate for second language learners. It is provided during the regular day, based on the ELD state adopted standards, and diﬀeren ated for the English proﬁciency level of each EL un l the student is reclassiﬁed. All ELs, including those receiving special educa on services, must receive ELD instruc on appropriate to their proﬁciency level, consistent with the LEA’s instruc onal plan for teaching ELD, and from a teacher authorized to provide such instruc on.

English Language Proficiency in California (ELPAC) - the mandated state test for determining English language proficiency (ELP). It is administered as an initial assessment to newly enrolled students whose primary language is not English, as indicated on a home language survey; and annually as a summative assessment to students who have been previously identified as EL students. The ELPAC is aligned with the 2012 California English Language Development Standards.

Emo onal Disturbance ‐ Because of serious emo onal disturbance a student exhibits one or more of the following characteris cs over a long period of  me and to a marked degree, which adversely aﬀects educa onal placement:

1. An inability to learn which cannot be explained by intellectual, sensory, or healthfactors 2. An inability to build or maintain satisfactory interpersonal relationships with peers
and teachers
3. Inappropriate types of behavior or feelings under normal circumstances exhibits in several situations
4. A general pervasive mood of unhappiness or depression
5. A tendency to develop physical symptoms or fears associated with personal or school problems

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Early Childhood Educa on (ECE) ‐ Early iden ﬁca on and special educa on services provided to children ages 3‐5.

Evalua on ‐ Procedures used by qualiﬁed personnel to determine whether a child has a disability and the nature and extent of the special educa on and/or related services that the child needs.

Expressive Language Skills ‐ Skills required to produce language for communica ng with other people. Speaking and wri ng are expressive language skills.

Extended School Year (ESY) ‐ The term means the period of  me between the close of one academic year and the beginning of the succeeding academic year. An extended year program shall be provided for a minimum of 20 instruc onal days, including holidays. Schools must provide extended year services to individuals with disabili es based on regression and recoupment data. Whether or not an individual is en tled to extended school year services is determined by the IEP team.

Facilitated IEP ‐ A facilitated IEP is an Alterna ve Dispute Resolu on process. A facilitated IEP is developed by a collabora ve team whose members share responsibility for the mee ng process and results. Decision making is managed through the use of essen al facilita on skills.

Focused Monitoring Technical Assistance (FMTA) – The CDE Special Educa on Division assigns consultants to provide FMTA ac vi es for their assigned coun es, districts and SELPAs. The consultants provide informa on and facilitate access to technical assistance related to program monitoring and program implementa on.

Fine‐Motor Coordina on ‐ Pertains to usage of small muscle groups (wri ng, cu ng).

Formal	Assessment	‐	Using	published, such as “intelligence” or “achievement;” use and interpreta on.

standardized     tests     usually     for     measuring     characteris cs, tests which have a standard set of direc ons for their

Foster Family ‐ Educa on Code 56155 (b): A family residence that is licensed by the state or other public agency having delegated authority by contract with the state to license, to provide 24‐hour non‐medical care, and supervision for not more than six foster children, including, but not limited to, individuals with excep onal needs.

Foster Family Home (FFH) ‐ A family residence that is licensed by the state to provide for 24 hour non‐medical care and supervision of not more than six foster children, including, but not limited
to students with disabili es.

Free Appropriate Public Educa on (FAPE) ‐ A special educa on program and/or related service(s) as determined on an individual basis which meets the unique needs of each child with a disability at no charge to the parent. Such an educa onal program and related service(s) are based on goals and objec ves as speciﬁed in an IEP and determined through the process of assessment and IEP planning in compliance with state and federal laws and regula ons.

Func onal Academics ‐ The applica on of life skills as a means for teaching academic tasks; this is the core of many instruc onal programs for students with more signiﬁcant disabili es.

Func onal Behavioral Assessment (FBA) ‐ A func onal behavioral assessment may be conducted for any student iden ﬁed as having a behavior problem serious enough to impact the learning of the child him/herself or others.

Grade Equivalent ‐ The score a student obtains on an achievement test, translated into a standard score which allows the individual student’s score to be compared to the typical score for students in his or her grade level. A “grade equivalent” score of 6.0 means the score that the average beginning

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sixth grader makes; a “grade equivalent” score of 6.3 means the score that the average student who has been in sixth grade for three months makes.

Gross‐Motor Coordina on ‐ Pertains to usage of large muscle groups (jumping, running). Bilateral – Ability to move both sides of the body at the same  me (jumping).
Unilateral – Ability to move one side of the body without moving the other (hopping).
Cross lateral (cross pa ern) – Ability to move diﬀerent parts of the opposite sides of the body together or in diﬀerent sequences (e.g., skipping, which is a highly integrated movement).

Hard of Hearing ‐ When a student has a hearing impairment, whether permanent or ﬂuctua ng, which impairs processing speech and language recep on and discrimina on through hearing, even with ampliﬁca on, and which adversely aﬀects educa onal performance.

Individual Counseling ‐ One‐to‐one counseling, provided by a qualiﬁed individual pursuant to an IEP.

Inclusion – Inclusion is a philosophy and/or prac ce focused on educa ng each child with a disability to the maximum extent appropriate, in the school and/or classroom he or she would otherwise a end if he or she did not have a disability. It involves bringing the support services to the child (rather than moving the child to the services).

Independent Educa onal Evalua on (IEE) – An evalua on conducted by a qualiﬁed examiner.

/ŶĚŝǀŝĚƵĂůŝǌĞĚĚƵĐĂƚŝŽŶĂůWƌŽŐƌĂŵ;/WͿͲThe annually written record of an eligible individual's special education and related services, describing the unique educational needs of the student and the manner in which those educational needs will be met.

IEP Meeting - A meeting required at least annually under IDEA in which an IEP is developed for a student receiving special education services.

/ŶĚŝǀŝĚƵĂůŝǌĞĚĚƵĐĂƚŝŽŶĂůWƌŽŐƌĂŵdĞĂŵ;/WdͿͲŽŵƉƌŝƐĞĚŽĨŵƵůUJĚŝƐĐŝƉůŝŶĂƌǇƐƚĂīǁŚŝĐŚŝŶĐůƵĚĞƐƚŚĞƐƵƌƌŽŐĂƚĞ ƉĂƌĞŶƚĂŶĚŽƉĞŶƚŽĂŶǇŽƚŚĞƌƉĞƌƐŽŶƐĐŚĂƌŐĞĚǁŝƚŚĐĂƌĞĂŶĚĞĚƵĐĂUJŽŶŽĨǁĂƌĚƐŽĨƚŚĞĐŽƵƌƚĂŶĚĚĞƉĞŶĚĞŶƚƐŝŶ ĞĂĐŚůŽĐĂůĞĚƵĐĂUJŽŶĂůĂŐĞŶĐǇ͘dŚĞƚĞĂŵŝƐƌĞƐƉŽŶƐŝďůĞĨŽƌĚĞƚĞƌŵŝŶŝŶŐƐƉĞĐŝĂůĞĚƵĐĂUJŽŶĞůŝŐŝďŝůŝƚǇĨŽƌŝŶĚŝǀŝĚƵĂůƐ ƌĞĨĞƌƌĞĚƚŽƐƉĞĐŝĂůĞĚƵĐĂUJŽŶƐĞƌǀŝĐĞƐĂŶĚĂƉƉƌŽƉƌŝĂƚĞĞĚƵĐĂUJŽŶĂůƉƌŽŐƌĂŵŐŽĂůƐ͘

Individual Services Plan (ISP) – Plan that describes the special educa on and/or related

services that an LEA will provide to an eligible student who is voluntarily enrolled by his/her parent(s) in a private school se ng.

Individual Transi on Plan (ITP) – Plan included in a student’s IEP beginning at age 16 or younger, that addresses transi on needs and ŝŶƚĞƌͲĂŐĞŶĐǇ responsibili es or linkages that are needed for the student to successfully transi on from school to adult life.

Individuals with Disabili es Educa on Improvement Act (IDEIA) ‐ The Federal legisla on that created amendments to PL 94‐42, including the  tle of the act.

Individuals with Excep onal Needs (IWEN) ‐ A student with a disability whose educa onal needs cannot be met by modiﬁca ons of the regular school program and who requires special
instruc on and/or related services. Excluded are children whose needs are solely or primarily due to the unfamiliarity with the English language or to cultural diﬀerences.

Individualized Family Service Plan (IFSP) ‐ A wri en plan for providing early interven on services to an eligible child from birth to three years of age. The plan must be developed jointly by the family and appropriately qualiﬁed personnel involved in the early interven on. The plan must be based on the mul disciplinary
evalua on and assessment of the child and include the services necessary to enhance the development of the child and family’s capacity to meet the child’s special needs.

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Informal Assessment ‐ Using procedures such as classroom observa ons, interviewing, or teacher‐made tests which have not usually been tried out with large groups of people, and which do not necessarily have a standard set of instruc ons for their use and interpreta on.

Informed Consent ‐ In accordance with 34 Code of Federal Regula ons and Educa on Code, informed consent occurs when: (1) The parent has been fully informed of all informa on relevant to the ac vity for which consent is sought, in his/her primary language or other mode of communica on; (2) The parent understands and agrees in wri ng to the carrying out of the ac vity for which his/her part and may be revoked at any  me.

Insufficient - Not meeting the legal requirement of IDEA by failing to provide the necessary detailed information and evidence to support a Due Process Complaint.

r
Intellectual Disability ‐ A student who has signiﬁcantly below average general intellectual func oning and deﬁcits in adap ve behavio , which manifested during the developmental period, and adversely aﬀects the student’s educa onal performance.

Intelligence Test ‐ A standardized series of ques ons and/or tasks designed to measure mental

abili es – how a person thinks, reasons, solves problems, remembers, and learns new informa on. Many intelligence tests rely heavily on the understanding of spoken language.

Intelligence tests are given under controlled condi ons involving standard instruc ons and  me limits.

Intelligence Quo ent (IQ) ‐ The score obtained on a test of mental ability; it is usually found by rela ng a person’s test score to his or her age.

Interpreter ‐ A professional who signs, gestures, and/or ﬁngerspells a speaker’s message as it is

spoken to enable individuals who are hearing impaired to understand spoken language, and who speaks for a person using sign language to be heard.

Least Restric ve Environment (LRE) ‐ The concept that each child with a disability is to be
provided opportuni es to be educated with nondisabled peers and in a se ng which promotes interac on with the general school popula on and classmates who are typically developing to the maximum extent appropriate to the needs of both. LRE is determined by the IEP team on an individual student basis.

Licensed Children’s Ins tute (LCI) aka Group Home ‐ A facility of any capacity which provides 24‐hour non‐ medical care and supervision to children in a structured environment, with such services provided at least in part by staﬀ employed by the licensed agency.

Local Educa onal Agency (LEA) ‐ A school district, SELPA approved LEA charter school, or county oﬃce of educa on that provides educa on services.

Local Plan ‐ The state required plan (EC 56170) that designates how the local educa onal agencies of the special educa on local plan area will meet both state and federal requirements for educa ng individuals with excep onal needs who reside in the geographical area served by the plan. The
Local Plan must include the governance structure, administra ve support, and agency responsibili es.

Long‐Range Goals ‐ Global and general “aims statements” which describe what needs to be learned by the student.

Low Incidence Disability ‐ A severe disability with an expected incidence rate of less than 1 percent of the total K‐12 statewide enrollment; includes hearing impairments, visual impairments, and severe orthopedic impairments (EC 56026.5).

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Mainstreaming ‐ Refers to the selec ve placement of students with disabili es in one or more general educa on classes and or extra‐curricular ac vi es.

Manifesta on Determina on ‐ The determina on made any  me a disciplinary ac on is taken that involves a removal of student with a disability that cons tutes a change in placement. A review must be conducted of the rela onship between the child’s disability and the behavior subject to the ac on.

Media on ‐ A conﬂict resolu on process that can be used to resolve special educa on issues. Media on is entered into prior to holding a due process hearing as an intervening, informal process conducted in a non‐adversarial atmosphere that allows the par es to create their own solu ons rather than having one imposed upon them through the judicial process.

Mediation (Formal) - A voluntary, alternative dispute resolution process that may occur after a Resolution Session and/or a Mediation Only has been unsuccessful. A mediator is provided through the Office of Administrative Hearing (OAH).

Mediation Only - A voluntary, alternative dispute resolution process through OAH in which the petitioner has requested mediation, but not a Due Process hearing. It is not a prerequisite to filing.

Medical Therapy Unit (MTU) ‐ Space provided by LEAs for the provision of medically necessary occupa onal and physical therapy provided by CCS therapists.

Modality ‐ A way of acquiring sensa on; visual, auditory, tac le, kinesthe c, olfactory, and gustatory are the common sense modali es.

Modiﬁca ons ‐ Changes that alter what curriculum is covered and/or what a test is supposed to measure or the comparability of scores.

Mul disciplinary Team ‐ A group of professionals from diﬀerent disciplines who func on as a team but perform their roles independently of one another.

Mul ‐Handicapped ‐ Students with a combina on of disabili es (such as intellectual disability and deafness) which causes severe educa onal problems. Deaf‐blind is not included in this category.

Mul ‐Tiered Systems of Support ‐ MTSS is deﬁned as a coherent con nuum of evidence based, system‐wide
prac ces to support a rapid response to academic and behavioral needs, with frequent data-based monitoring for instruc onal decision-making to empower each student to achieve high standards.

Non‐Discriminatory Assessment ‐ Assessment tools and methods which are “fair” to the student in the sense that they are given in the child’s na ve language; given and interpreted with reference to the child’s age and socioeconomic and cultural background; given by trained persons; appropriate even if the child has a physical, mental, speech, or sensory disability.

Because some tests used in schools o en do discriminate against certain students (e.g., by asking ques ons that relate to the experiences of white, middle‐class, English‐speaking
persons), the term culturally appropriate assessment has come into use to emphasize that assessment must be fair to students of other language and cultural backgrounds.

Non‐Public Agency (NPA) ‐ A private, nonsectarian establishment cer ﬁed by the CDE that provides contracted, related services to students with disabili es.

Non‐Public School (NPS) ‐ A private, nonsectarian school cer ﬁed by the CDE that enrolls students with disabili es pursuant to an IEP.

Norms ‐ Informa on, provided by the test‐maker, about “normal” or typical performance on the test. Individual test scores can be compared to the typical score made by other persons in the same age group or grade level.

Occupa onal Therapist ‐ Trained in helping pupils develop daily living skills (e.g., self‐care, prevoca onal skills, etc.)

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Occupa onal Therapy (OT) ‐ Treatment provided by a therapist trained in helping a student develop daily living skills (e.g., handwri ng, self‐care, prevoca onal skills, etc.)

Oﬃce of Administra ve Hearings (OAH) ‐ The agency that handles due process hearings and conducts media ons when there is a dispute between districts and parents.

Oﬃce of Civil Rights (OCR) ‐ Agency that ensure equip opportunity and accessibility for users of programs and services that receive federal funding.

Oﬃce of Special Educa on Programs (OSEP) ‐ A component of the Oﬃce of Special Educa on and Rehabilita ve Services (OSERS) in the U.S. Department of Educa on. OSEP focuses on the free appropriate public educa on of children and youth with disabili es from birth through age 21.

Orienta on and Mobility ‐ Services provided by qualiﬁed personnel to teach students with a visual impairment systema c techniques for planning routes and movements from place to place in the school, home, and/or community.

Orthopedically Impaired ‐ A severe orthopedic impairment that adversely aﬀects a child’s
educa onal performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyeli s, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputa ons, and fractures or burns that cause contractures).

Other Health Impaired ‐ A pupil has limited strength, vitality or alertness, including a heightened alertness to environmental s muli, due to chronic or acute health problems such as asthma,
a en on deﬁcit disorder or a en on deﬁcit hyperac vity disorder, diabetes, epilepsy, a heart condi on, hemophilia, lead poisoning, leukemia, nephri s, rheuma c fever, sickle cell anemia, and Toure e syndrome; and which adversely aﬀects a child’s educa onalperformance.

Parent ‐ Means a biological or adop ve parent unless the biological or adop ve parent does not have legal authority to make educa onal decisions for the child, a guardian generally authorized to act as the child’s parent or authorized to make educa onal decisions for the child, an individual
ac ng in the place of a biological or adop ve parent, including a grandparent, stepparent, or other rela ve with whom the child lives, or an individual who is legally responsible for the child’s welfare, a surrogate parent, a foster parent if the authority of the biological or adop ve parent to make educa onal decisions on the child’s behalf has been speciﬁcally limited by court order.

Parent Counseling ‐ Individual or group counseling provided by a qualiﬁed individual pursuant to an IEP to assist the parents of special educa on students in be er understanding and mee ng their child's needs.

Prior Wri en No ce (PWN) ‐ A wri en no ce that must be given to the parents of a child with a disability a reasonable  me before a LEA (a) Proposes to ini ate or change the iden ﬁca on, evalua on or educa onal placement of the child or the provision of FAPE to the child; or (b) Refuses to ini ate or change the iden ﬁca on, evalua on or educa onal placement of a child or the provision of FAPE to the child.

Procedural Safeguards ‐ Also known as Parent Rights; Procedural safeguards must be given to the parents of a child with a disability at a minimum (a) Upon ini al referral for evalua on; (b) Upon each no ﬁca on of an IEP mee ng; (c) Upon reevalua on of a child; and (d) Upon receipt of a request for due process.

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Program Specialist (PS) ‐ A specialist who holds a valid special educa on creden al and has advanced training and related experience in the dura on of students with disabili es.

Psychological Services ‐ Services provided by a creden aled or licensed psychologist pursuant to an IEP. Services include obtaining and interpre ng informa on about child behaviors and condi ons related to learning, planning programs of individual and group counseling and guidance services for children and parents.

Reading Comprehension ‐ The ability to understand what one has read.

Recep ve Language ‐ Receiving and understanding spoken or wri en communica on. The recep ve language skills are listening and reading.

Referral ‐ The process of reques ng an evalua on for a student who is suspected of having a disability. A referral is oﬃcial and must be in wri en form. Once it is made,  me lines and procedural safeguards ensue.

Related Services ‐ Related services means transporta on and such developmental, correc ve, and other
suppor ve services as are required to assist a child with a disability to beneﬁt from special educa on; can include speech pathology and audiology, psychological services, physical and
occupa onal therapy, recrea on, early iden ﬁca on, and medical services for diagnos c or
evalua on purposes. The term also includes school health services, social work services in schools, and parent counseling and training.

Relevant IEP Team Members - Parent(s) or legal surrogate, student when appropriate, one regular education teacher, special education teacher, a representative of the LEA designated to make decisions on behalf of the district. Other members may include those who can interpret assessment results, and others who may have knowledge or specific expertise regarding the student.

Reliability ‐ The extent to which a test provides precise or accurate measures.

Residen al Treatment Services ‐ A 24‐hour out‐of‐home placement that provides intensive therapeu c services to support the educa onal program.

Resolu onSession ‐ An IDEA mandated meeting of parents and "relevant" IEP members after a parent files a Due Process Complaint where parties attempt to resolve a dispute within 30 days prior to proceeding to a Due Process Hearing.

Response to Instruc on (RTI) ‐ Interven ons that include screening, observing, intervening, and tracking progress over  me (progress monitoring).

Response to Instruc on and Interven on (RtI2) ‐ Is deﬁned as a general educa on approach of high quality instruc on, early interven on and preven on, incorpora ng academic and behavioral strategies.

Scaled Scores ‐ The transla on of “raw scores” (total points earned on a test) into a score which has similar meaning across age levels.

School Psychologist ‐ A person trained to give psychological tests, interpret results, and suggest appropriate educa onal approaches to learning or behavioral problems.

Search and Serve ‐ All schools are required to have procedures in place for iden fying children who have or are suspected of having a disability and needing special educa on and related services. These procedures are commonly referred to as “search and serve” or “child ﬁnd.” The school’s
responsibili es for search and serve apply to the families and students a ending and enrolling in the school. The District also has responsibili es for search and serve ac vi es directed at the families of children below school age and students in privateschools.

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Sec on 504 ‐ A component of the Rehabilita on Act of 1973. It is a civil rights law that prohibits discrimina on on the basis of disability in programs and ac vi es, public and private that receive federal ﬁnancial assistance. Any person is protected who (1) has a physical or mental impairment that substan ally limits one or more major life ac vi es, (2) has a record of such impairment, or (3) is regarded as having such impairment. Major life
ac vi es include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performing manual tasks.

Self‐concept ‐ A person’s idea of himself or herself.

Self‐help ‐ Refers to feeding, dressing, and other ac vi es necessary for func oning as independently as possible in a family, in school, and in the community.

Service Provider ‐ Refers to any person or agency providing some type of service to children and/or their families.

Severely Handicapped (SH) ‐ Students who require intensive instruc on and training (e.g., mul ‐handicapped, intellectually disabled, au s c, or emo onally disturbed).

Signiﬁcant Dispropor onality ‐ Is the determina on that a LEA has signiﬁcant over‐ representa on based on race and ethnicity overall, by disability, by placement in par cular educa onal se ngs, or by disciplinary ac ons.

Social Skills Training ‐ Using direct instruc on to teach students appropriate social behaviors that increase the individual’s social competency and acceptance.

Social Work Services ‐ Provided pursuant to an IEP by a qualiﬁed individual and include such services as preparing a social or developmental history of a child with a disability; group and individual counseling with the child and family; working with those problems in a child's living
situa on (home, school, and community) that aﬀect the child's adjustment in school; mobilizing school and community resources to enable the child to learn as eﬀec vely as possible in his or her educa onal program; and assis ng parents in developing posi ve behavioral interven on strategies.

Special Day Class (SDC) ‐ A separate classroom that provides intensive instruc on for students with disabili es who require special educa on instruc on for more than 50% of the school day.

Special Educa on ‐ Specially designed instruction, at no cost to parents, to meet the unique needs of an eligible individual, including the specially designed instruction conducted in schools, in the home, in hospitals and institutions, and in other settings. Special education provides a continuum of services in order to provide for the education needs of each eligible individual regardless of the nature or severity of the educational needs.

Special Educa on Local Plan Area (SELPA) ‐ Individual district, group of districts, or districts and County Oﬃce of Educa on, which forms a consor um to ensure that a full con nuum of special educa on services is available to all eligible students within its boundaries.

Specialized Academic Instruc on (SAI) ‐ Adap ng, as appropriate to the needs of the child with a disability, the content, methodology, or delivery of instruc on to ensure access of the child to the general curriculum, so that he or she can meet the educa onal standards that apply to all children.

Specialized Physical Health Care Services ‐ Health services prescribed by the child’s licensed physician and/or surgeon which are necessary during the school day to enable the child to a end school and are wri en into the IEP. Designated providers must be appropriately trained and supervised as deﬁned in Educa on Code

Speciﬁc Learning Disability ‐ Means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or wri en, that may have manifested itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathema cal calcula ons.

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The basic psychological processes include a en on, visual processing, auditory processing, sensory‐motor skills, cogni ve abili es including associa on, conceptualiza on and expression.

Speech Language Impairment ‐ When a student has a language or speech disorder that meets one or more of the following: ar cula on disorder, abnormal voice, ﬂuency disorder, language disorder (recep ve or expressive).

State Operated Programs (SOP) ‐ Special schools operated by the California Department of

Educa on for the educa on of students with disabili es, including individual assessment services and the development of IEPs for students who are deaf and/or blind.

State Performance Plan Indicators (SPPI) ‐ Measures of educa onal beneﬁt developed by the CDE Special Educa on Division for students with disabili es enrolled in California public schools.

Stay Put ‐ A special education student is entitled to remain in his or her current educational placement pending the completion of due process hearing procedures unless the parties agree otherwise. The current educational placement is typically the placement called for the student's IEP, which has been implemented prior to the dispute arising.

Student Study Team (SST) ‐ A team of educa onal personnel including classroom teachers who are responsible for developing modiﬁca ons to the regular program and providing appropriate learning environments for students who may be exhibi ng school related problems. Through combining knowledge and brain storming eﬀorts, the SST may generate solu ons that enable a student to remain in general educa on rather than be referred for special educa on.

Sufficiency - Meeting legal requirement of IDEA providing necessary detailed information and evidence to support a Due Process complaint.

Supplementary Aids and Services ‐ Aids, services and other supports that are provided in general educa on classes or other educa on‐related se ngs to enable children with disabili es to be educated with typically developing peers to the maximum extent appropriate. These aids and services must be noted on the IEP.

Surrogate Parent ‐ A person appointed by the SELPA who acts as a child’s parent for the purpose of the IEP process to ensure the rights of an individual with excep onal needs when no parent can be iden ﬁed or located, or the child is a ward of the state and the parents do not retain educa onal rights for the child.

Trauma c Brain Injury (TBI) ‐ An acquired injury to the brain caused by an external physical force, resul ng in total or par al func onal disability or psychosocial impairment, or both, that adversely aﬀects a child’s
educa onal performance. Trauma c brain injury applies to open or closed head injuries resul ng in impairments in one or more areas, such as cogni on;language; memory;
a en on; reasoning; abstract thinking; judgment; problem‐solving; sensory, perceptual, and motor abili es; psychosocial behavior; physical func ons; informa on processing; and speech. Trauma c brain injury does not apply to brain injuries that are congenital or degenera ve, or to brain injuries induced by birthtrauma.

Transi on ‐ Transi on services are a coordinated set of ac vi es for a student, designed within an outcome‐ oriented process, which promotes movement from school to post‐school ac vi es. The coordinated set of
ac vi es is based upon the individual student’s needs, preference and interests. The process begins at 16 years or younger and includes the student, family, educa on personnel, and voca onal and adult service providers.

Triennial Assessment ‐ Every student with a disability eligible for special educa on services shall have a complete reassessment at least every three years.

Unilateral Placement ‐ When a parent removes their child from a public educa onal placement into a private placement outside the IEP process.

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Universal Design for Learning (UDL) ‐ UDL focuses on planning instruc on in such a way to meet the varied needs of students at the point of ﬁrst best instruc on, thereby reducing the amount of follow‐up and alterna ve instruc on necessary.

Validity ‐ The extent to which a test really measures what it is intended to measure.

Visual Discrimina on ‐ Using the eyes to discriminate le ers and words.

Visually Impaired (VI) ‐ Students who are blind or who have par al sight and who, as a result, experience lowered educa onal performance.

Visual‐Motor ‐ The ability to relate vision with movements of the body or parts of the body.

Visual Percep on ‐ The iden ﬁca on, organiza on, and interpreta on of data received through the eye.

SPECIAL EDUCATION ACRONYMS

504
Sec on 504 of the Rehabilita on Act
AAC
Augmenta ve & Alterna ve Communica on
AB
Assembly Bill (State Legisla on); Adap ve Behavior
ABA
Applied Behavior Analysis ADA
American Disability Act; Average Daily A endance
ADD
A en on Deﬁcit Disorder ADHD
A en on Deﬁcit Hyperac vity Disorder
ADR
Alterna ve Dispute Resolu on AMAOs
Annual Measurable Achievement Objec ves
AP
Assessment Plan APE
Adapted Physical Educa on APR
Annual Performance Report ASD
Au sm Spectrum Disorder AT
Assis ve Technology AU
Administra ve Unit
	BCBA
Board Cer ﬁed Behavior Analyst CA
Chronological Age CAA
California Alternate Assessment CAC
Community Advisory Commi ee CALPADS
California Longitudinal Pupil Achievement Data System CAASPP
California Assessment of Student Performance and Progress
CBI Community‐Based Instruc on
CBM Curriculum‐Based Measurement CBS
Community‐Based Services CCR California Code of
Regula ons CCS
California Children's Service
CCSS
Common Core State Standards CCTC
California Commission on Teacher Credentialing
	CDE
California Department of Educa on
CFR
Code of Federal Regula ons COE
County Oﬃce of Educa on CPS
Child Protec ve Services CTE Career Technical Educa on
CWA
Child Welfare and A endance
DB Deaf/Blind DDS
Department of Developmental Services DHH Deaf and Hard of Hearing DMH
Department of Mental Health DO
District Oﬃce DOF
Department of Finance DSS
Department of Social Services EC Education Code
ECE
Early Childhood Education ED
Emtional Disturbance

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EL
English Learner ELA
English‐Language Arts ELPAC
English Language Proficiency Assessment for California ELD
English‐Language Development ELM
English‐Language Mainstream ESSA
Every Student Succeeds Act ESY
Extended School Year FAPE
Free Appropriate Public Educa on
FBA
Func onal Behavior Analysis FEP
Fluent English Proﬁcient FERPA
Family Educa onal Rights and Privacy Act
FES
Fluent English Speaker FFH
Foster Family Home FMTA
Focused Monitoring Technical Assistance (CDE‐SED)
FTE
Full‐Time Equivalent IA
Instruc onal Aide IAES
Interim Alternate Educa on Se ng
ID
Intellectual Disability IDEIA
Individuals with Disabili es Educa on Improvement Act IEE
Independent Educa on Evalua on
IEL
Intermediate English Learner
	IEP
Individualized Educa on Program
IFSP
Individualized Family Service Plan
ISAAP
Individual Student Assessment Accessibility Proﬁle
ISP
Individual Service Plan ITP
Individual Transi on Plan LAGOS
Linguis cally Appropriate Goals and Objec ves
LAO
Legisla ve Analyst Oﬃce LCAP
Local Control Accountability Plan LCFF
Local Control Funding Formula LCI
Licensed Children's Ins tute LEA
Local Educa onal Agency LEP
Limited English Proﬁcient LRE
Least Restric ve Environment MH
Mul handicapped; Mental Health MOU
Memorandum of Understanding MTSS
Mul	ered System of Supports MTU
Medical Therapy Unit NEL
Novice English Learner NPS/A
Nonpublic School/Agency OAH
Oﬃce of Administra ve Hearings OCR
Oﬃce of Civil Rights OHI
Other Health Impaired OI
Orthopedically Impaired OSEP
Oﬃce of Special Educa on Programs (U.S.D.E.)
OT
Occupa onal Therapy
	PBIP
Posi ve Behavior Interven on Plan
PBIS
Posi ve Behavior Interven on and Supports
PE
Physical Educa on PL
Public Law PLD
Proﬁciency Level Descriptors (English Learners)
PLOP
Present Levels of Performance PT
Physical Therapy PTA
Parent Teacher Associa on PWN
Prior Wri en No ce QIT
Quality Improvement Team RFEP
Reclassiﬁed Fluent English Proﬁcient
RS
Related Services RSP
Resource Specialist Program RTC
Residen al Treatment Center RTI
Response to Interven on SARB
School A endance Review Board
SB
Senate Bill (State Legisla on) SBAC
Smarter Balanced Assessment Consor um
SD
Severely Disabled SDAIE
Specially Designed Academic Instruc on in English
SDC
Special Day Class

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SDE
State Department of Educa on
SEACO
Special Educa on Administrators of County Oﬃces
SED
Special Educa on Division (at CDE)
SEI
Structured English Immersion SEIS
Special Educa on Informa on System
SELPA
Special Educa on Local Plan Area
SEPAC
Special Educa on Parent Advisory Commi ee
	SH
Severely Handicapped SLD
Speciﬁc Learning Disability SLI
Speech Language Impaired SLP
Speech Language Pathologist
SOP
State Operated Program; Summary of Performance SSID
Statewide Student Iden ﬁer
SSIP
State Systemic Improvement Plan
SSPI State Superintendent Public Instruc on
	SST
Student Study Team SWD
Student with Disability TBI
Trauma c Brain Injury TOMS
Test Opera ons and Management System UDL
Universal Design for Learning
USD
Uniﬁed School District USDE
United States Department of Educa on
VI
Visually Impaired §
Sec on

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