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Special Education Local Plan Requirements

Letter Head: Jack O'Connell, State Superintendent of Public Instruction, Phone number 916-319-0800

Date: September 23, 2011

Dear Directors of Special Education Local Plan Areas (SELPA):
Special Education Local Plans

Each Special Education Local Plan Area (SELPA) is required to submit an Annual Budget and Annual Service Plan. It has come to our attention that SELPAs have been viewing these plans as a report of information already recorded in the California Special Education Management Information System (CASEMIS). The California Education Code (EC) requires the submission of a plan that is prospective in nature, not a report of what was previously provided. The Annual Budget and Annual Service Plan for the 2010–11 school year was due to the California Department of Education (CDE) on or before March 31, 2011. Most SELPAs submitted information that was considered a report. During August 2011, the CDE returned the Annual Budget and Service Plans to allow the opportunity to update the plan to include information about services to students in county jails. In lieu of a separate plan submission for 2011–12, the CDE will consider this updated plan the 2011–12 Annual Service Plan. For 2012–13, the CDE will be forwarding revised instructions and forms for your use. These will be almost identical to the forms previously used for 2010–11, with exception that the process will emphasize prospective planning rather than duplicative data reporting.

Instructions for Updating 2010–11 Annual Services Plans

As noted in the August 12, 2011, memorandum, each SELPA needs to have a plan in place to serve the students with individualized education programs (IEP) in county jails, regardless of whether or not students are currently in the county jails. In order to revise the 2010–11 Annual Budget and Service Plan report into a 2011–12 Plan, the SELPA must document services planned for students in county jails at a minimum. The SELPA may also use this opportunity to add other services that were not included in 2010–11 to the 2011–12 Plan.

Each SELPA can choose one of the options below to make the requested revisions. These options will include services that the SELPA plans to make available, not what has actually been provided previously:

  • Attach a letter describing the services that would be available to eligible students with IEPs (e.g., those who are in the county jail [school type code 32]) to a copy of the 2010–11 Annual Service Plan.
  • Export the ASP-02a form from CASEMIS to an Excel document and enter the services that would be available to eligible students with IEPs who are in the county jail (school type code 32).
  • Print a copy of the ASP-02a report from CASEMIS and write in the services that would be available to eligible students with IEPs who are in the county jail (school type code 32).

The CDE is preparing a Frequently Asked Questions document regarding services to students in county jails. This will be sent under separate cover. For the purpose of completing the 2011–12 Plan, please note that services provided to students with IEPs are the responsibility of the district of residence (DOR). In the case of a student in a county jail, the DOR is the district where the student’s parent(s) reside. If a SELPA does not have any county jails within its jurisdiction the plan still needs to list services that would be made available to its DOR students. If a student is incarcerated in a county jail but his or her DOR is in another county, the DOR from the other county would be responsible.

SELPAs/local educational agencies (LEAs) do not need to engage in additional child-find. Services only need to be provided if the eligible students are brought to the SELPA’s/LEA’s attention. The 2011–12 Plan submission does require public notice and board approval. Based on consultation with the SELPA Executive Committee, the CDE is extending the submission deadline to November 1, 2011. Plans may be submitted and approved as of that date pending board approval.

2012–13 Annual Service Plans

Instructions and forms for the 2012–13 Annual Service Plan will be made available to SELPAs in October and plans will be due to the CDE March 31, 2012. The instructions address the requirements of the IDEA as amended in 2004, accompanying regulations, and the EC.

Please submit all completed documents to:

Alexa Slater, Staff Services Analyst
Policy and Program Services Unit
California Department of Education
Special Education Division
1430 N Street, Suite 2401
Sacramento, CA 95814-5901

As a reminder, a complete copy of the SELPA Local Plan, including policies and procedures, and the Annual Budget and Annual Service Plan, must be held on file in the SELPA office and at each participating LEA. The SELPA Local Plan must be accessible to any interested party.

If you have any questions regarding this process, please feel free to contact Kathleen Halvorson, Consultant, by phone at 916-319-0756 or by e-mail at khalvorson@cde.ca.gov or [Note, the preceeding contact information is no longer valid.] Alexa Slater, Staff Services Analyst, by phone at 916-322-0581 or by e-mail at aslater@cde.ca.gov.

Sincerely,

Original signed by Fred Balcom. Hard copy of the signed document is available by contacting the Policy and Program Service Unit at 916- 323-2409.

Fred Balcom , Director
Special Education Division

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