special education rights and responsibilities - Disability Rights ...

Information on IEP Process
Similarly, the district may not refuse to include a requested goal, service or service
description in the IEP for reasons such as: (1) it does not appear in the pull-down
menu; (2) there is not an appropriate “field” on the computerized form; or (3) there
is not enough space on the form. A handwritten or computerized addendum can
always be added to the IEP. District refusal to allow your input undermines your
right to participate in the IEP meeting.
56. Who is responsible for implementing my child’s IEP?
Under federal law, the California Department of Education (CDE) is ultimately
responsible for ensuring that required procedures are followed and that students
receive needed education services in accordance with their IEPs. [34 C.F.R. Sec.
300.600.] California law delegates to local school districts the direct responsibility
for providing the services in students’ IEPs and for ensuring that a continuum of
program options exists to meet their needs of students. [Cal. Ed. Code Sec.
56360.] However, if the district refuses, or wrongfully neglects, to provide FAPE
to a student with disabilities, CDE is responsible for directly providing the needed
services. [20 U.S.C. Secs. 1412(a)(11) & 1413(g); 34 C.F.R. Sec. 300.227.]
If your child is enrolled in a nonpublic school, the district, at its discretion, may
delegate to the nonpublic school the responsibility of conducting the IEP meetings
and implementing the IEP. However, even if the district delegates these tasks,
responsibility for compliance with special education law remains with the school
district. [Cal. Ed. Code Sec. 56383.]
57. May a school district require that I use my medical insurance
to pay for part of my child’s special education program?
No. The district must get your written consent before it may use the private
insurance to pay for any special education costs for your child. When a district
asks for consent, it must tell you that your refusal to consent does not relieve the
district of its responsibility to provide the special education and related services. If
you would otherwise consent to the use of your insurance — whether private or
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