Special Education Program Overview¶
Individuals with Disabilities Education Act¶
The Individuals with Disabilities Education Act (IDEA), (U.S. Code, Title 20 – Education, Chapter 33 – Education of Individuals with Disabilities), is a federal law that makes available a free appropriate public education (FAPE) to eligible children with disabilities and ensures special education and related services to those children.
Under IDEA children and students, birth through age 21, are eligible to receive special education and related services after an initial evaluation is conducted and are determined to meet the eligibility criteria. Under IDEA, children with disabilities receive services under IDEA Part C or Part B through individual education or service plans. These basic elements are described below.
Part C Program¶
The California Department of Developmental Services (CDDS) is the lead agency for the Early Start and Part C programs. Individuals at risk of having a child with a developmental disability may be eligible for genetic diagnosis, counseling, and other prevention services through the Early Start Program. Infants and toddlers (age 0 to 35 months) who are at risk of having developmental disabilities or who have a developmental delay may qualify for and receive services under the IDEA Part C Program. The criteria for determining the eligibility of infants and toddlers is specified in Section 95014 of the California Government Code.
The majority of children served through the IDEA Part C Program are served through California’s network of Regional Centers administered by CDDS. Students eligible for Part C services are mostly solely served by the Regional Centers, and those Regional Centers are responsible for reporting data on the children they serve to CDDS, and CDDS is responsible for reporting data on these children to the federal government. Some children are served by both CDDS and a county office of education (COE). The COE is responsible for reporting data for children dually served by CDDS and a COE, to CALPADS. The CDE then reports the data to the federal government, and to the CDSS so that they may complete their Part C federal reporting requirements.
Eligible children and families in the Part C Program receive services through an Individualized Family Service Plan (IFSP). See section on “Individual Plan Types.”
Part B Program¶
Children and youth ages three through 21 receive special education and related services under IDEA Part B. Under the Part B Program, eligible children and students with disabilities are provided FAPE in the least restrictive environment (LRE). LEAs are responsible for finding children who may need special education and related services, determining their eligibility, making an offer of FAPE if they are eligible, and ensuring special education and related services are provided to those who accept the offer of FAPE.
Children and students ages three through 21 can be evaluated as early as two years, nine months of age for the Part B Program. Children already in the Part C Program can be evaluated when they are two years and nine months of age, and should be evaluated for the Part B Program on or before their third birthday.
Eligible children receive services in the Part B Program through either an Individual Service Plan (ISP) or an Individualized Education Plan (IEP). See section on “Individual Plan Types.”
Individual Plan Types¶
Eligible children and students with disabilities are placed on individual education or service plans based on the age of the child, and the instructional setting (Regional Center, public or private school) the child is in. There are three plan types:
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Individualized Family Service Plan (IFSP)
Eligible children (infants and toddlers) with disabilities (birth to age 3) and their families receive early intervention services through the development of an Individualized Family Service Plan (IFSP).
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Individualized Education Program (IEP)
Eligible students ages three through 21, enrolled in California schools whose parents elect to accept a district’s offer of FAPE, receive special education and services through the development of an Individualized Education Program (IEP).
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Individualized Service Plan (ISP)
Eligible students ages three through 21 whose parents elect not to accept a district’s offer of FAPE and are parentally placed in a private school may receive services from a district through an Individualized Service Plan (ISP)*. Services provided through an ISP are not as extensive as those provided in an IEP.
*In rare instances, under specific settlement agreements, some students who are enrolled in private schools (not Nonpublic Nonsectarian Certified schools) may be placed on IEPs.
State Requirements Under IDEA¶
State Performance Plan and Annual Performance Report¶
IDEA requires states to develop a State Performance Plan (SPP) that sets forth measurable and rigorous targets for students with disabilities (SWD), who are on IEPs, through 16 indicators to ensure IDEA requirements and intent are being met. The 16 indicators reflect the following monitoring priorities specified in IDEA (U.S. Code Section 1416(a)(3)):
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“Provision of a free appropriate public education in the least restrict environment.
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State exercise of general supervisory authority, including child find, effective monitoring, the use of resolution sessions, mediation, voluntary arbitration, and a system of transition services as defined in section 1401(34) and 1437(a)(9) of this title.
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Disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification.”
Annually, California reports progress or slippage in meeting the targets in the SPP for the 16 indicators, in the Annual Performance Report (APR). The indicators, which are briefly described in the table below, provide a general understanding for why certain data are collected by the CDE and how those data are used. The data that LEAs submit to CDE through the California Longitudinal Pupil Achievement Data System (CALPADS) for all students, and specifically for students with disabilities, along with statewide assessment participation and results, provide the data used to calculate or inform all indicators, except for indicators 15 and 16. Data for indicators 15 and 16 are collected through the EDFacts Metadata and Process System (EMAPS).
| # | Indicator | Brief Description |
|---|---|---|
| 1 | Graduation | % of students with IEPs graduating from high school with a regular high school |
| 2 | Dropout | % of SWD age 14-21 dropping out of high school. |
| 3A | Participation rate for Students with IEPs | Participation rate for SWD in grades 4, 8, and 11 on statewide assessments. |
| 3B | Proficiency rate for Students with IEPs | Proficiency rate for SWD in against grade level academic achievement standards. |
| 3C | Proficiency for Students with IEPs | Proficiency rate for SWD against grade level and alternative academic achievement standards. |
| 3D | Proficiency for Students with IEPs | Proficiency rate for SWD against grade level academic achievement standards. |
| 4A | Suspension/Expulsion | % of districts that have a significant discrepancy in the rate of suspensions and expulsions of greater than 10 days in a school year for SWD. |
| 4B | Suspension/Expulsion | % of districts that have a significant discrepancy by race/ethnicity in the rate of suspensions and expulsions of greater than 10 days in a school year for children with SWD. |
| 5 | Education Environments (children 6-21) | % of SWD served: (A) Inside the regular class 80% or more of the day; (B) inside the regular class less than 40% of the day; (C) in separate schools, residential facilities, or home/hospital placements. |
| 6 | Preschool Environments (children 3-5) | % of SWD attending: (A) Regular early childhood program and receiving the majority of special education and related services in the regular early childhood program; and (B) Separate special education class, separate school or residential facility. |
| 7 | Preschool Outcomes | % of preschool SWD (3 through 5) who demonstrate improved: (A) Positive social-emotional skills; (B) Acquisition and use of knowledge and skills; (C) Use of appropriate behaviors to meet their needs. |
| 8 | Parental Involvement | % of parents with a child receiving special education services who report that schools facilitated parent involvement as a means of improving services and results for SWD. |
| 9 | Disproportionate Representation | % of districts with disproportionate representation of racial/ethnic groups in special education and related services that is the result of inappropriate identification. (Note: Data are used to determine whether LEAs meet target, and then disproportionality and significant disproportionality are determined; additional data may be collected to determine whether disproportionality is the result of inappropriate identification.) |
| 10 | Disproportionate Representation in Specific Disability Categories | % of districts with disproportionate representation of racial/ethnic groups in specific disability categories that is the result of inappropriate identification. (Note: Data are used to determine whether LEAs meet target, and then disproportionality and significant disproportionality are determined; additional data may be collected to determine whether disproportionality is the result of inappropriate identification.) |
| 11 | Child Find | % of children who were evaluated within 60 days of receiving parental consent for initial evaluation. |
| 12 | Early Childhood Transition | % of SWD referred by Part C prior to age 3, who were found eligible for Part B, and who have an IEP developed and implemented by their third birthdays. |
| 13 | Secondary Transition | % of SWD aged 16 and above who have IEPs that include appropriate measurable postsecondary goals that are annually updated and based on an age appropriate transition assessment, and which include other specified elements. |
| 14 | Post-School Outcomes | % of youth who are no longer in secondary school, had IEPs in effect at the time they left school, and within one year of leaving high school were enrolled in (A) Higher education; (B) Higher education or competitively employed; or (C) Enrolled in any postsecondary education or training program, or in some other employment. |
Federal EDFacts Reporting¶
EDFacts is a U.S. Department of Education (ED) initiative to collect, analyze, and promote the use of high-quality, pre-kindergarten through grade 12 data. For more information about EDFacts go to: https://www2.ed.gov/about/inits/ed/edfacts/index.html
The CDE creates numerous EDFacts files from SWD data that LEAs submit and certify in CALPADS. The table below summarizes the data specific to students with disabilities that LEAs certify in the fall and at the end of the year (EOY) that are used in EDFacts reporting. All files require data to be provided by primary disability, and additionally by race/ethnicity, gender, and English Learner status which LEAs submit and certify for all students, including SWD.
| Submission | EDFacts File # | File Name | Data Used |
|---|---|---|---|
| Fall | FS002 (DG74) | School Age | Census Day unduplicated count of SWD by ages 5K – 21, by primary disability and educational environment (setting). |
| Fall | FS089 (DG613) | Early Childhood | Census Day unduplicated count of SWD by ages 3 – 5 and not in Kindergarten, by primary disability and educational environment (setting). |
| EOY | FS005 (DG512) | Removal to Interim Alternative Educational Setting | Number of SWD, ages 3 – 21, removed to an interim alternative education setting, by School Personnel (not IEP team) for drugs, weapons, or serious bodily injury, or by a Hearing Officer finding that there is substantial likelihood of injury to the child or others. |
| EOY | FS006 (DG475) | Suspensions/ Expulsions | Number of SWD, ages 3 – 21, suspended or expelled for disciplinary reasons, by removal length (less than or equal to 10 days, greater than 10 days), and by discipline method (in-school, out-of-school) |
| EOY | FS007 (DG476) | Reasons for Unilateral Removal | Number of times SWD, ages 3 – 21, were unilaterally removed by school personnel (not IEP team) from their current educational placement to an interim alternative educational setting (determined by the IEP team) due to drugs, weapons, offenses of serious bodily injury. |
| EOY | FS009 (DG85) | Exiting Special Education | Unduplicated number of SWD, ages 14 – 21, who were in special education at the start of the school year and were not in special education at the end of the school year for various reasons (this includes students exiting the special education program or exiting the school). |
| EOY | FS088 (DG598) | Disciplinary Removals | Unduplicated number of SWD, ages 3 – 21, who were removed from their educational setting cumulatively for 1 day or less, 2 – 10 days, or greater than 10 days, due to any kind of disciplinary removal during the school year. |
| EOY | FS143 (DG682) | Total Disciplinary Removals | Number of times SWD, ages 3 – 21, subject to any kind of disciplinary removal |
| EOY | FS144 (DG683) | Educational Services During Expulsion | Unduplicated number of SWD who received services during the time they were removed for disciplinary reasons from their regular school program |
*Except for FS143, all file names begin with “Children with Disabilities (IDEA)”
The CDE is also required to submit three EDfacts files that include data on Special Education Teachers Full-time Equivalent (FTE), Special Education Related Services Personnel, and Special Education Paraprofessionals. These data are not collected through CALPADS and are collected through a separate web application. This data collection is not discussed in this Guide.
LEA Requirements Under IDEA¶
The CDE is responsible for monitoring LEA adherence to IDEA requirements. This section provides a high-level overview of LEA responsibilities under IDEA. Under IDEA, LEAs are responsible for:
- Identifying students within its boundaries who might need supports and services to achieve education benefit. This is referred to as “child find.” See section on “Child Find” below.
Upon “finding” a child, which includes when parents request an evaluation for their child, LEAs are required to:
- Obtain parental consent to evaluate the child. See section on “Parental Consent” below.
- Conduct an initial evaluation within a specified number of days once parental consent is received. See section on “Initial Evaluation for Part C and Part B” below.
For individuals who are found to be eligible for services, and whose parents accept an offer of a Free and Appropriate Education (FAPE) at a school in the LEA, or whose parents opt to place their child in a private school and accept services from the LEA, LEAs are required to:
- Develop an individual education or service plan (IFSP, IEP, or ISP) that includes goals and services, and for those students on IEPs, provides FAPE in the least restrictive environment (LRE). For students 16 years old and greater who are on IEPs, the plan must also include postsecondary goals and services to meet those goals.
- Meet annually with a team, which includes the parents or guardians, teachers, and other specialists as necessary, (often this collective group of individuals is called the “IEP team”), to conduct a full plan review to determine if education plan goals are being met. See section on “Mandatory Annual Plan Review” below.
- Meet at other times during the year to review and amend the plan as needed. See section on “Plan Amendments” below.
- Conduct an initial evaluation for eligibility for the Part B program, on infants/toddlers in the Part C program, before they turn three to determine continued eligibility for services. See section on “Initial Evaluation for Part C and Part B” below.
- Meet every three years to evaluate whether individuals continue to be eligible for special education services. See section on “Mandatory Eligibility Reevaluation” below.
- Survey students who were on IEPs for their postsecondary outcomes, one year after they leave secondary education. See section on “Postsecondary Outcomes” below.
Child Find¶
Child Find is the legal requirement in IDEA for public schools to identify children with disabilities who need services (20 USC §1412(a)(3)). The State of California is required to have policies and procedures to ensure that all children with disabilities residing in the state, and who need special education and related services, are located, evaluated, and identified. This includes children with disabilities who are homeless, are wards of the state, or are attending private schools, regardless of the severity of their disability.
Child Find also includes identifying children who are suspected of being a child with a disability and in need of special education, even though they are enrolled in a school and are advancing from grade to grade (34 CFR § 300.111©). This includes highly mobile children and migrant children.
Parental Consent¶
After a student is referred for an initial evaluation to determine eligibility for special education services, the parent or guardian of the student must first consent to the evaluation before it can be conducted. The evaluation cannot be conducted without parental consent. The LEA’s responsibility for conducting the evaluation does not begin until parental consent has been received.
Initial Evaluation for Part C and Part B¶
Once parental consent is obtained, the LEA must conduct an initial evaluation for Part C or Part B eligibility within the following timelines:
- Part C – within 45 days from date of parental consent
- Part B – within 60 days from date of parental consent
Children who are receiving services through the IDEA Part C Program must be evaluated for eligibility for the IDEA Part B Program on or before their third birthday. This initial Part B evaluation can be conducted when the child reaches an age of two years and nine months and should be evaluated on or before their third birthday.
The California Department of Developmental Services (CDDS) is responsible for monitoring whether the initial evaluation for Part C is held within the required 45 days, and the CDE is responsible for monitoring whether the initial evaluation for Part B is held within the 60 days. If the initial evaluation for Part B is not held within the specified timeframe, LEAs are required to provide a reason for the delay.
Mandatory Annual Plan Review¶
Any child or student on an IFSP, IEP, or ISP must have a full review of their special education plan “not less than annually, to determine whether the annual goals for the child are being achieved” (34 CFR § 300.324(b)(1)). These annual plan reviews can occur more often if requested by the student’s parent or guardian or by the team responsible for conducting the reviews. The purpose of this full review is to ensure the educational program for the student will continue to support student progress in the general curriculum and meet other educational and functional needs resulting from their primary disability.
Plan Amendments¶
Amendments to an education plan can be made in between annual reviews (34 CFR § 300.324(a)(6)). If changes to a student’s plan are needed, they can be made without a full plan review that includes the IEP team, as long as the parent consents to the changes being made. Although there are no statutory limitations to the types of changes that can be changed via an amendment, LEAs should use discretion in making any major changes that may require consensus of the IEP team, and most importantly, the student’s parent or guardian.
Mandatory Eligibility Reevaluation¶
The IEP team must reevaluate students on active IFSPs, IEPs, and ISPs, for continued eligibility every three years (34 CFR § 300.303(b)(2)). This is commonly referred to as the “triennial evaluation”. During this meeting, a reevaluation is conducted to determine if the student continues to be eligible for special education and services.
Postsecondary Outcomes¶
LEAs are required to survey students 12 months following their exit from secondary education to provide information for Annual Performance Report Indicator 14 – Post-School Outcomes. This includes surveying students to determine if they are enrolled in higher education, or other postsecondary education or training program, or if they are competitively employed or in some other employment. See section on “Postsecondary Transition Status” later in this document.