Students With Disabilities



Overview of IDEA/Section 504

The Livermore Valley Charter School shall comply with all applicable State and Federal Laws in serving students with disabilities, including, but not limited to, Section 504 of the Rehabilitation Act (“Section 504”), the Americans with Disabilities Act (“ADA”) and the Individuals with Disabilities in Education Improvement Act (“IDIEA”).


LVCS is its own Local Educational Agency (“LEA”) for the purposes of special education, in conformity with Education Code Section 47641(a).  LVCS is a member in good standing of the El Dorado Charter School Special Education Local Plan Area (“SELPA”).


LVCS shall comply with all state and federal laws related to the provision of special education instruction and related services and all SELPA policies and procedures; and shall utilize appropriate SELPA forms.


The Charter School may request related services (e.g. Speech, Occupational Therapy, Adapted P.E., Nursing, and Transportation) from the SELPA, subject to SELPA approval and availability.  The Charter School may also provide related services by hiring credentialed or licensed providers through private agencies or independent contractors.


LVCS shall be solely responsible for its compliance with Section 504 and the ADA. The District facilities to be utilized by the Charter School shall be accessible for all students with disabilities.



Services for Students under the “IDEIA”


The Charter School intends to provide special education instruction and related services in accordance with the IDEIA, Education Code requirements, and applicable policies and practices of the SELPA. 


The Charter School will provide services for special education students enrolled in the Charter School.  The Charter School will follow SELPA policies and procedures, and shall utilize SELPA forms in seeking out and identifying and serving students who may qualify for special education programs and services and for responding to record requests and parent complaints, and maintaining the confidentiality of pupil records.


The Charter School agrees to promptly respond to all County or SELPA inquiries, to comply with reasonable County or SELPA directives, and to allow the County or SELPA access to Charter School students, staff, facilities, equipment and records as required to fulfill all County obligations under this Agreement or imposed by law.





All special education services at the Charter School will be delivered by individuals or agencies qualified to provide special education services as required by California’s Education Code and the IDEIA.  Charter School staff shall participate in County or SELPA in-service training relating to special education. 


The Charter School will be responsible for the hiring, training, and employment of site staff necessary to provide special education services to its students, including, without limitation, special education teachers, paraprofessionals, and resource specialists.  The Charter School shall ensure that all special education staff hired or contracted by the Charter School is qualified pursuant to SEPLA policies, as well as meet all legal requirements.  The Charter School shall be responsible for the hiring, training, and employment of itinerant staff necessary to provide special education services to Charter School students, including, without limitation, speech therapists, occupational therapists, behavioral therapists, and psychologists.  


Notification and Coordination


The Charter School shall follow SELPA policies as they apply to all SELPA schools for responding to implementation of special education services.  The Charter School will adopt and implement polices relating to all special education issues and referrals.



Identification and Referral


The Charter School shall have the responsibility to identify, refer, and work cooperatively in locating Charter School students who have or may have exceptional needs that qualify them to receive special education services. The Charter School will implement SELPA policies and procedures to ensure timely identification and referral of students who have, or may have, such exceptional needs. A pupil shall be referred for special education only after the resources of the regular education program have been considered, and where appropriate, utilized.


The Charter School will follow SELPA child-find procedures to identify all students who may require assessment to consider special education eligibility and special education and related services in the case that general education interventions do not provide a free appropriate public education to the student in question.




The term “assessments” shall have the same meaning as the term “evaluation” in the IDEIA, as provided in Section 1414, Title 20 of the United States Code. The Charter School will determine what assessments, if any, are necessary and arrange for such assessments for referred or eligible students in accordance with applicable law.  The Charter School shall obtain parent/guardian consent to assess Charter School students.


IEP Meetings


The Charter School shall arrange and notice the necessary IEP meetings. IEP team membership shall be in compliance with state and federal law. The Charter School shall be responsible for having the following individuals in attendance at the IEP meetings: the Principal and/or the Charter School designated representative with appropriate administrative authority as required by the IDEIA; the student’s special education teacher; the student’s general education teacher if the student is or may be in a regular education classroom; the student, if appropriate; and other Charter School representatives who are knowledgeable about the regular education program at the Charter School and/or about the student.  The Charter School shall arrange for the attendance or participation of all other necessary staff that may include, but are not limited to, an appropriate administrator to comply with the requirements of the IDEIA, a speech therapist, psychologist, resource specialist, and behavior specialist; and shall document the IEP meeting and provide of notice of parental rights.


IEP Development


The Charter School understands that the decisions regarding eligibility, goals/objectives, program, services, placement, and exit from special education shall be the decision of the IEP team, pursuant to the IEP process. Programs, services and placements shall be provided to all eligible Charter School students in accordance with the policies, procedures and requirements of the SELPA and State and Federal law.


IEP Implementation


The Charter School shall be responsible for all school site implementation of the IEP. As part of this responsibility, the Charter School shall provide parents with timely reports on the student’s progress as provided in the student’s IEP, and at least quarterly or as frequently as progress reports are provided for the Charter School’s non-special education students, whichever is more. The Charter School shall also provide all home-school coordination and information exchange. The Charter School shall also be responsible for providing all curriculum, classroom materials, classroom modifications, and assistive technology. 


Interim and Initial Placements of New Charter School Students


For students who enroll in the Charter School from another school district outside of the SELPA with a current IEP, the Charter School shall conduct an IEP meeting within thirty days.  Prior to such meeting and pending agreement on a new IEP, the Charter School shall implement the existing IEP at the Charter School, to the extent practicable or as otherwise agreed with the parent/guardian.





Non-Public Placements/Non-Public Agencies


The Charter School shall be solely responsible for selecting, contracting with, and overseeing all non-public schools and non-public agencies used to serve special education students. 




It is understood and agreed that all children will have access to the Charter School and no student shall be denied admission nor counseled out of the Charter School due to the nature, extent, or severity of his/her disability or due to the student’s request for, or actual need for, special education services.


Parent/Guardian Concerns and Complaints


The Charter School shall adopt policies for responding to parental concerns or complaints related to special education services. The Charter School shall receive any concerns raised by parents/guardians regarding related services and rights.


The Charter School’s designated representative shall investigate as necessary, respond to, and address the parent/guardian concern or complaint. 


Due Process Hearings 


The Charter School may initiate a due process hearing or request for mediation with respect to a student enrolled in Charter School if it determines such action is legally necessary or advisable.  In the event that the parents/guardians file for a due process hearing, or request mediation, the Charter School shall defend the case. 


SELPA Representation


It is the Charter School’s understanding that it shall represent itself at all SELPA meetings. 




The Charter School understands that it will be subject to the allocation plan of the SELPA.


Initial identification will follow the state guidelines for referral for testing beginning with

a student support team recommendation for curricular or behavioral accommodations.

We acknowledge that if a student’s needs warrant such a referral, that referral for special education may be made directly without proceeding through the SST. As stated earlier in this section, a response-to-intervention (“RTI”) model will be crucial in clarifying when it is appropriate for special education referrals, and for collecting and analyzing data for the purposes of improving instruction, assessing progress, and measuring responsiveness to intervention.


Students who continue to struggle will be referred to the Special Education Director for testing and evaluation, and the information collected through RTI practices will be utilized. An IEP will be developed for students who qualify for special education supports and services, in compliance with all provisions in IDEA 2004 (Section 300, Part B). The student and family will meet at least annually with the assigned Case Manager (a credentialed special educator) to review the current IEP, discuss progress on current goals, classroom work and determine new goals. Special education rights and responsibilities, self-advocacy, and self-determination will also be discussed. The school will collaborate with the El Dorado SELPA to provide special education services detailed in each student’s IEP.


Specialized support services (e.g. speech pathology, occupational therapy, psychology, vision therapy) will be provided by the school, as needed. LVCS will work cooperatively with the SELPA to contract, as necessary, with fee-for-service vendors to meet additional specific student needs.


LVCS shall comply with all programmatic and legal obligations for services for students

with disabilities.


This includes the following:


Initial Identification and Reevaluation

• Parents and public agency requests for initial evaluation [CRF 300.301(b)]

• Initial evaluations conducted within 60 days of signed parental consent for

evaluation [CRF 300.301(c)]

• Formal Reevaluations at least once every three years [CRF 300.303(a)]

• Formal Evaluation before any change in eligibility [CRF 300.305(e)]


Individualized Education Plans (IEPs)

• Development of the IEP team, including general education teacher(s), parent/guardian,

Administration, case manager, and as appropriate, the student in accordance with person-centered planning [CRF 300.321(a)]

• Informing parents of the IEP team members [CRF 300.322(b)1]

•  Ensure that the IEP is accessible to those responsible for implementation

[CRF 300.323(d)]

• Annual review and triennial evaluations [CRF 300.30f(a)]

•  Notification of rights and procedural safeguards [CRF 300.504]

Student progress will be monitored by special educators, service providers, classroom teachers supporting the identified area of need.  


Section 504 of the Rehabilitation Act


LVCS recognizes its legal responsibility to ensure that no qualified person with a disability shall, on the basis of disability, be excluded from participation, be denied the benefits of, or otherwise be subjected to discrimination under any program of the Charter School. Any student, who has an objectively identified disability which substantially limits a major life activity, including but not limited, to learning, is eligible for accommodations by the Charter School. 


A 504 team will be assembled by the Principal and shall include the parent/guardian, the student (where appropriate) and other qualified persons knowledgeable about the student, the meaning of the evaluation data, placement options, and accommodations.  The 504 team will review the student’s existing records; including academic, social and behavioral records, and is responsible for making a determination as to whether an evaluation for 504 services is appropriate.  If the student has already been evaluated under the IDEIA but found ineligible for special education instruction or related services under the IDEIA, those evaluations may be used to help determine eligibility under Section 504.  The student evaluation shall be carried out by the 504 team, which will evaluate the nature of the student’s disability and the impact upon the student’s education. This evaluation will include consideration of any behaviors that interfere with regular participation in the educational program and/or activities.  The 504 team may also consider the following information in its evaluation:


  • Tests and other evaluation materials that have been validated for the specific purpose for which they are used and are administered by trained personnel.


  • Tests and other evaluation materials including those tailored to assess specific areas of educational need, and not merely those which are designed to provide a single general intelligence quotient.


  • Tests are selected and administered to ensure that when a test is administered to a student with impaired sensory, manual or speaking skills, the test results accurately reflect the student’s aptitude or achievement level, or whatever factor the test purports to measure, rather than reflecting the student’s impaired sensory, manual or speaking skills. 


The final determination of whether the student will or will not be identified as a person with a disability is made by the 504 team in writing and notice is given in writing to the parent or guardian of the student in their primary language along with the procedural safeguards available to them.  If during the evaluation, the 504 team obtains information indicating possible eligibility of the student for special education per the IDEIA, a referral for assessment under the IDEIA will be made by the 504 team.


If the student is found by the 504 team to have a disability under Section 504, the 504 team shall be responsible for determining what, if any, accommodations or services are needed to ensure that the student receives a free and appropriate public education (“FAPE”).  In developing the 504 Plan, the 504 team shall consider all relevant information utilized during the evaluation of the student, drawing upon a variety of sources, including, but not limited to, assessments conducted by the Charter School’s professional staff. 


The 504 Plan shall describe the Section 504 disability and any program accommodations, modifications or services that may be necessary. 


All 504 team participants, parents, guardians, teachers and any other participants in the student’s education, including substitutes and tutors, must have a copy of each student’s 504 Plan.  The site administrator will ensure that teachers include 504 Plans with lesson plans for short-term substitutes and that he/she review the 504 Plan with a long-term substitute.  A copy of the 504 Plan shall be maintained in the student’s file.  Each student’s 504 Plan will be reviewed at least once per year to determine the appropriateness of the Plan, needed modifications to the plan, and continued eligibility.

LVCS is a member of the Charter SELPA.  You can find additional information at

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