Coronavirus Resources for Schools

F3 Timelines for Special Ed 3-2020

Contains resources from school districts and public health agencies.

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™ MONTH 2020 NO. 20-03 California Relaxes Some Timelines Related to Special Education and Uniform Complaints Senate Bill ("SB") 117, which takes effect immediately, provides for continued funding if a school is closed due to COVID- 19 and complies with Governor Newsom's Executive Order N-26-20. In addition, SB 117 has immediate legal and practical impacts on school districts that have closed, by relaxing the following timelines related to special education and uniform complaints . Uniform Complaints Existing Education Code section 33315 and implementing regulations establish uniform complaint procedures that apply to the filing, investigation, and resolution of complaints alleging a violation of federal or state law by a local agency that provides school programs or activities. SB 117 extends all uniform complaint timelines by the length of time a school is closed due to COVID-19. Assessment Plans Existing Education Code sections 56043(a) and 56321(a) require a local educational agency ("LEA") to develop an assessment plan within 15 calendar days from referral (or within 10 calendar days of the start of the school year if the referral was made within the last 10 calendar days of the prior school year), not counting calendar days between the regular school year sessions or terms or calendar days of school vacation in excess of five days. Under SB 117, the days that a school is closed due to COVID-19 are considered as days between a regular school session up until the time the school reopens and the regular school session reconvenes. Student Records Requests Existing Education Code sections 56043(n) and 56504 require an LEA to allow a parent or guardian to examine student records of the child and receive copies of those records within five business days. LEAs must comply with a request for school records without unnecessary delay before an individualized education program team meeting, a due process hearing, or resolution session. SB 117 waives that timeline up until the time the school reopens and the regular school session reconvenes. Existing Education Code section 56043(o) and section 3024(a) of Title 5 of the California Code of Regulations require a former LEA to send a student's records to an LEA in which the student has enrolled within five working days from receipt of the request from the former LEA. SB 117 waives that timeline up until the time the school reopens and the regular school session reconvenes.

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