CDE - Special Education

*This document provides a summary of the Special Education System. It is not an exhaustive review of all relevant legal

authorities and does not constitute legal advice.

Last updated on June 6, 2019.

SYSTEM PROFILE: SPECIAL EDUCATION*

For special education eligibility, the “entry point”

would be the school/classroom. There are extensive

requirements that define child find, the process of

identifying, assessing, and determining whether or not

a student has a disability and whether or not they need

special education and related services to benefit from

their education. This is done through comprehensive

assessments and discussion within a student’s

individualized educational program (IEP) team, which

is a multidisciplinary team that includes the student’s

parent. A student’s status as eligible for special

education and related services should not be the

determining factor in considerations leading to

identification as a high needs youth.

LIGIBILITY

RITERIA

For special education eligibility there are state and

federal statutes that specify requirements districts are

to follow in determining the eligibility of a student for

special education and related services. The

requirements include an assessment process to

determine if a disability exists and the extent that

disability impacts the student’s ability to access and

progress on grade level academic curriculum. The

assessment process documents the student’s needs

and the IEP team reviews the assessment information

and makes a determination on eligibility. The student’s

parents are involved and provide informed consent to

assessing the student for eligibility and consent prior to

initiating services included the IEP as a result of the

assessments.

ENIAL OF

LIGIBILITY

For special education this is done as part of the

assessment and IEP process. The memebers of the IEP

OVERVIEW

Our goal is simple: our programs

must meet the needs of the

children and youth we serve.

These are our collective children,

and they all deserve the very

best.

We recognize that it is our

obligation to ensure that the

services we are providing are

coordinated, timely, and

trauma-informed. We must

come together as one

government to break down silos

and build a culture that is

focused on delivering services

that are person-centered and

not program-centered.

PURPOSE

As a resource to state, county,

and local staff, we developed

system profiles that provide an

overview of the services offered

by our various systems that all

serve children and youth.

This is our compendium of

resources available to children

and youth served by are various

systems. The system profiles

outline how eligibility is

determined, what the denial

appeal processes entail, how the

system interacts with other

systems or programs, how

information is shared, and how

referrals are made

www.chhs.ca.gov

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Special Education

team are informed and the local

educational agency (LEA) must provide the

parent with notification of the decision

consistent with the requirements for prior

written notice.

APPEAL PROCESS

For special education, the parent/student

has options to pursue should they disagree

with the LEA’s determination of eligibility. The

parent may pursue an independent

educational evaluation if they disagree with

the results of the assessments conducted by

the LEA to determine eligibility for special

education and related services. The parent

may also file a special education due

process complaint. Due process hearings

provide an avenue for a parent or a LEA to

address special education issues related to

the identification, evaluation, educational

placement, or provision of a free appropriate

public education to a child with a disability.

PROGRAM INTERACTIONS

Medi-Cal Managed Care – Some LEAs/SELPA

have a working relationship with Medi-Cal

Managed Care Plans. Other relationships

could also exist.

Medi-Cal Fee-For-Service – Some LEAs

participate as Medi-Cal providers under the

DHCS Local Educational Agency Medi-Cal

Billing Option Program. In this program, the

LEA becomes a provider of Medi-Cal services

and directly, or contracts for, Medi-Cal

services that are provided to general

education and special education students.

The LEA bills the program for reimbursement

for covered services.

Medi-Cal Specialty Mental Health/Substance

Use Disorder Services – Some LEAs have

become providers under their county mental

health plan and can file for Medi-Cal

reimbursements. In other areas the LEA

contracts with the MHP to provide specialty

mental health services. Generally speaking

IEPs do not address substance abuse

disorders as these don’t necessarily qualify as

a disability under federal requirements.

Child Welfare Service – Provides services to

Foster Youth who also happen to be students

with IEPs. Currently staff at the special

education division collaborate with staff at

California Department of Social Services to

assist with the implementation of continuum

of care reform.

Regional Centers – Regional centers are

nonprofit private corporations that contract

with the Department of Developmental

Services to provide or coordinate services

and supports for individuals with

developmental disabilities. They have offices

throughout California to provide a local

resource to help find and access the many

services available to individuals and their

families. Regional centers provide diagnosis

and assessment of eligibility and help plan,

access, coordinate and monitor the services

and supports that are needed because of a

developmental disability. There is no charge

for the diagnosis and eligibility assessment. In

some cases regional center clients may also

be clients of other state agencies, such as

foster youth, and are also eligible under the

IDEA.

Early Start – The Early Start program is

California's early intervention program for

infants and toddlers with disabilities and their

families. Early Start services are available

statewide and are provided in a coordinated,

family-centered system. The single point of

entry to early intervention services is the

regional center in your local area. All infants

and toddlers potentially eligible for a regional

center program will be evaluated by the

regional center to determine eligibility for

Early Start. Support and assistance from other

parents is available to help parents navigate

the Early Start system. Early Start Family

Resource Centers (FRCs) provide a variety of

family support services. In some cases Early

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Special Education

Start clients are also eligible under the IDEA

and have an individualized family service

plan and receive services under Part C of the

IDEA.

Schools – Within the school environment,

students in special education may benefit

from comprehensive schoolwide programs

designed to improve student outcomes.

INFORMATION SHARING

This is usually done through interagency

agreements or memoranda of

understanding that spell out programmatic

functions and responsibilities.

In addition, for students in special education,

the parent may request that other service

providers with knowledge of the student

attend the IEP team meeting to have a

broader discussion about how to

collaboratively address the needs of the

student.

REFERRALS

Most likely through the IEP and associated

student file.

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Our Systems of Care work has been

accelerated by the implementation of

Assembly Bill 2083 (Chapter 815, Statutes of

2018), which requires each county to develop

and implement a Memorandum of

Understanding outlining the roles and

responsibilities of the various local entities that

serve children and youth in foster care who

have experienced severe trauma.

The legislation is focused on the child welfare

system, but can and must be expanded to

look at children and youth served by various

other systems.

The legislation calls for the establishment of a

Joint Interagency Resolution Team to provide

guidance, support, and technical assistance

to counties with regard to trauma-informed

care to foster children and youth.

We have identified the mission of the State

Restitution Team to be:

1. Promote collaboration and

communication across systems to meet

the needs of children, youth and families;

2. Support timely access to trauma-informed

services for children and youth; and

3. Resolve technical assistance requests by

counties and partner agencies, as

requested, to meet the needs of children

and youth.

For additional system profiles, including

mental health services, rehabilitation services,

developmental services and education

services, please visit our website at