Fast Fact Friday: Baseline Data

Developing an IEP requires an understanding of a child's current strengths and weaknesses, and a description of "present levels of performance" is part of the required content for an IEP document. However, defining what that means in a practical sense can be difficult.

"Baseline data" is a way of referring to the where the child is performing on a specific skill at that time. It is a "starting place" based (hopefully) on concrete, understandable information derived from measurements of the child's performance in that area. Understanding, and including, the baseline can give the IEP team the ability to write clear, measureable goals that will allow the child to make real progress.

Baseline data can be taken from a variety of places. For example, if a child's prior IEP included a goal in a specific area, the data collected from the measurement of that goal can give you a baseline for that same skill going forward. Baseline data could also come from standardized tests, classroom based assessments, or statewide / schoolwide testing results.

Here are some examples:

If the IEP team wants to write a goal for reading fluency, you would need to know what the child's current achievement is in this area in order to write a goal that will allow for progress going forward. Reading fluency could be measured in accurate words per minute (wpm) or by the score from a standardized fluency test. That becomes the baseline by which progress towards the goal can be set.

If the child needs a goal in the area of behavior, specifically to address on task behavior or work completion, data can be taken in the classroom setting to establish baseline data.

Fast Fact Friday: Temporary Disabilities

Various circumstances could cause a student to have a disabling condition that is temporary in nature, the most common being broken limbs.

Can a student be eligible for special education and related services if he/she has a "temporary disability?"

Students with temporary disabilities may be protected under section 504 if those disabilities substantially limit one or more major life activities for an extended period of time. Thus, students with temporary disabilities may be entitled to a FAPE under section 504. Because section 504 eligibility focuses on a student's ability to access educational opportunities, factors beyond merely academics must be considered as well. A student with a serious illness, for example, may be unable to access the educational environment without physical accommodations if that student has difficulties walking, climb steps, etc.

It is less likely that a temporary disability would give rise to eligibility under IDEA, however, because of the statutory scheme for eligibility. The IDEA requires that a student have a disability specifically under one of the identified 13 disabling conditions, and that the student require special education and related services because of the disability. A student with a broken arm, for instance, may require accommodations to access the educational environment but it would be difficult to demonstrate that the student required specialized instruction or services.

Fast Fact Friday: Low Incidence Disability

Broadly defined, a "low incidence disability" is one in which the rate of occurrence is extremely small. California, for example, specifically defines "low incidence disability" as "a severe disabling condition with an expected incidence rate of less than one percent of the total statewide enrollment in kindergarten through grade 12." California Education Code section 56026.5.

Some examples could include:

• Blindness
• Visual Impairment
• Deafness
• Hard of hearing
• Deaf-blindness
• Severe cognitive delay
• Serious physical disability / impairment
• Significant / complex health related conditions
• Multiple disabilities
• Autism
  

In some instances, designation of "low incidence" may attach certain funding resources that are not otherwise applicable for services and equipment. Further, states may have specific data collection requirements related to students with low incidence disabilities.

Some low incidence disabilities may present unique challenges related to providing staff who are trained and qualified to assess those particular students and provide them with instruction and services. However, these students have the same right to a free appropriate public education under the I.D.E.A. as any other eligible student.

The fact that a student is categorized as having a "low incidence" disability cannot be the basis of a determination that he/she should be removed from the regular educational environment. Rather,

"the process for determining the educational placement for children with low-incidence disabilities is the same process used for determining the educational placement for all children with disabilities. That is, each child's educational placement must be determined on an individual case-by-case basis depending on each child's unique educational needs and circumstances, rather than by the child's category of disability." Comments and discussion to 2006 IDEA Part B Regulations, 71 Fed. Reg. 46586 (2006).

Fast Fact Friday: Special Factors

In addition to the "required content" for Individualized Education Plans, the I.D.E.A. sets forth five "special factors" that IEP teams are required to consider in development of the special education student's program:

1. Positive Behavioral Interventions - "in the case of a child whose behavior impedes the child's learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior;"

2. Language Needs - "in the case of a child with limited English proficiency, consider the language needs of the child as those needs related to the child's IEP;"

3. Braille - "in the case of a child who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the IEP team determines after an evaluation... that instruction in Braille is not appropriate for the child;"

4. Communication mode - "consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the child's language and communication needs, opportunities for direct communications with peers and personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode;"

5. Assistive Technology - "consider whether the child needs assistive technology devices and services."

34 C.F.R. section 300.324(a)(2).

Fast Fact Friday: Special Education Assessment Plan

A school district are required to provide notice to parents when it proposes to initiate an evaluation or re-evaluation of a special education student, pursuant to the "prior written notice" requirements of the I.D.E.A. Specific to evaluations, the notice must "describe any evaluation procedures" is proposes to conduct. 20 U.SC. section 1414(b)(1). Because of this requirement, and because of timelines and other issues that are impacted by when a parent gives consent to assess, districts must develop ways to provide the required information and obtained written consent to its proposal to assess. This is commonly referred to as a "special education assessment plan."

California law specifies:

If an assessment for the development or revision of the individualized education program is to be conducted, the parent or guardian shall be given, in writing, a proposed assessment plan...

California Education Code section 56321(a)

As assessment plan must

• Be Understandable - that is, it should be in "language easily understood by the general public" and should be provided in the native language or other mode of communication of the parent / guardian
  
• Explain the purpose of the assessments proposed
  
• Explain the areas to be assessed
• Describe / explain the types of assessments that the district proposes to conduct
• Provide information regarding procedural safeguards
  

See 34 C.F.R. section 300.503; 20 U.S.C. section 1414(b)(1); California Education Code section 56321(b)(1)-(4).

Fast Fact Friday: Automaticity

Automaticity is one of those words that exists in the special education world, but outside that community most people have never heard of it. Generally, automaticity refers to the ability of the brain to perform a skills or complex task or behavior easily and with little attention, effort or conscious awareness.

Skills and tasks become automatic with training, repetition and practice. Once automaticity is achieved, the brain can accomplish these tasks quickly and easily, without utilizing a lot of working memory.

The clearest example of achieving automaticity is in the area of reading. When a child is first learning to read, he/she must actively engage the brain to decode the words, deciphering the sounds, blending them together, etc. The process of actually decoding the word and "sounding it out" is laborious. As the child has extended periods of practice, and good instruction in reading, decoding and word recognition become automatic, meaning that the child is able to read more quickly, and to engage the brain to think about the meaning of the word rather than using all of the brain power to sound out or decode the word. Automaticity is necessary to improve fluency.

Fast Fact Friday: Statute of Limitations

Under the IDEA there is a two-year statute of limitation for filing a due process complaint. What this means is that a due process complaint must allege a violation that occurred not more than two years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the due process complaint. See 34 C.F.R. 300.507(a)(2). It is up to a hearing officer or ALJ to make the decision as to whether the parent should have known about the alleged action that forms the basis of the complaint. See Analysis of Comments and Changes to 2006 IDEA Part B Regulations, 71 Fed. Reg. 46706 (2006).

Under the IDEA there are several exceptions to the two-year statute of limitations. It does not apply to a parent if the parent was prevented from filing a complaint due to: 1) Specific misrepresentations by the district that it had resolved the problems forming the basis of the complaint; or 2) The district's withholding of information from the parent that the IDEA required it to provide. See 34 CFR 300.511(f). The Department of Education declined to define the term "misrepresentations" as used in that section. See Analysis of Comments and Changes to 2006 IDEA Part B Regulations, 71 Fed. Reg. 46706 (2006).

If a state law has set an explicit time limitation for requesting a due process hearing, the IDEA defers to the state's law. See 34 CFR 300.507(a)(2).

Fast Fact Friday: Alternative Dispute Resolution

"Alternative Dispute Resolution" encompasses many processes by which parties resolve disagreements without going through a trial. There are many benefits to ADR in general, which include saving time and money for the parties, and possibly achieving better and more participant-oriented results. ADR has grown increasingly popular in all kinds of cases, due in part to the realization that it could lead to faster results than if parties waited to go through a hearing or a trial in an over-burdened court or hearing system.

In special education, ADR includes the following:

• Informal Dispute Resolution processes established within the procedures of the local school districts, allowing for parents and the district to discuss disagreements and possible solutions without filing for due process
• Resolution Sessions under IDEA 2004, which are held within 15 days of when a parent files for due process, and include parents and district representatives, possibly IEP team members
• Mediation, a voluntary process in which a neutral third party mediator, assigned through whatever system is established in your state, meets with the parties to try to help them resolve their disagreement and reach a settlement
• Settlement negotiations and written settlement offers, which may occur at any point during the case between the parties and which allow for the parties to attempt, independently of a third party, to reach a negotiated settlement
  

Fast Fact Friday: The 5 Day Rule

We are entrenched in preparation for a due process hearing this week, so I thought a quick overview of one of the "rules" for a hearing would be appropriate as a Fast Fact Friday.

The IDEA's "5 day rule" for disclosure of evaluations states that:

"(A) Not less than 5 business days prior to a hearing conducted pursuant to paragraph (1), each party shall disclose to all other parties all evaluations completed by that date, and recommendations based on the offering party's evaluations, that the party intends to use at the hearing.
(B) A hearing officer may bar any party that fails to comply with subparagraph (A) from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party."

The requirement to disclose evaluations and recommendations is mandatory for both parties. For parents and their representatives, this means that any independent educational evaluations, private assessments, expert observations / reports, etc that you have obtained and will be relying upon in the hearing must be provided to the school district and/or their legal representatives 5 business days prior to the start of the hearing. This will most likely require advanced planning and communication with any experts / evaluators to make sure that any pending evaluation reports will be available to you in enough time to meet this requirement.

The remedy / punishment for failing to meet this requirement is discretionary for the hearing officer. The hearing officer is permitted by statute to bar introduction of the "relevant evaluation or recommendation." This does not mean that the hearing officer must bar the evidence. Note that the statute allows for barring not only the evaluation (i.e. the report) but also the recommendation, which could be interpreted to mean that the hearing officer can bar testimony from that expert about their recommendations for the student's program (i.e. their expert opinion).

Fast Fact Friday: Individual Services Plan

There are certain circumstances where a Parent of a student with special needs may decide to place their child in a private placement even if they believe the school district is providing an appropriate placement.

A parentally-placed private school child with a disability is, under the law a child "with disabilities enrolled by their parents in private, including religous schools or facilities that meet the definition of elementary school or secondary school," who have not been referred to that placement by the LEA. See 34 CFR 300.130. When you have privately placed your student, generally speaking, you are not entitled to services for that student.

School districts do, however, have an obligation to allocate some special education funds to parentally-placed private school children. If the school district decides to provide a student with any services they must develop an individual services plan, which describes the specific special education and related services to be provided to each private school student. See 34 CFR 300.132(b). These service plans are to be developed, reviewed, and revised consistent with the procedures governing IEPs. See 34 CFR 300.137(c)(1). In preparing service plans and providing services, the district must consult with private school representatives. See 34 CFR 300.137(c)(2). In particular, the district must ensure that a representative of the private school attends these meetings, or in the alternative, uses other methods to secure the involvement of such individuals such as individual or conference phone calls.

IEPs are generally more comprehensive than the more limited services plans developed for parentally placed private school children with disabilities designated to receive services. A services plan should reflect only the services offered to a parentally placed private school child with a disability designated to receive services and must, to the extent appropriate, meet the IEP content requirements or, when appropriate, for children aged three through five, the IFSP requirements as to the services that are to be provided. See Questions and Answers on Serving Children with Disabilities Placed by Their Parents at Private Schools, 106 LRP 57733 (OSEP 2006).

Fast Fact Friday: School of Residence

The terms "neighborhood school," "school of residence," or "home school" are often used interchangeably by school districts, parents and others. A child's "school of residence" is the specific school site that he or she would attend if not disabled. "School of residence" is determined by a district procedure that is used to determine what school each child in the district is assigned to, usually it is determined geographically according to the address of the parents. This is the school you would enroll your child in if there wasn't an IEP in the mix.

There is no absolute requirement that children attend their school of residence, even if they are fully included in a general education setting. The choice of appropriate placement depends on the child's unique needs as determined by the IEP team. Some school districts have policies that require all kids with IEPs who are placed in general education to be placed in their home school. Although this may be beneficial to some kids, there are parents who have concerns about the lack of an individualized decision in these situations. On the other hand, many parents may be in a school district that does not have such a policy, but instead may have a practice of grouping kids with IEPs at particular school sites that have inclusion support and other services. Parents in those districts may be concerned about the fact that their child then cannot be included in their "neighborhood school" with kids from their community.

Ultimately, parents have to be included in any team that is making placement decisions about their child. A child's school of residence is one placement consideration on the continuum of available options, and parents should think about the positive benefits of placement in the neighborhood school and discuss these benefits with the team.

Fast Fact Friday: Core Academic Subjects

The IDEA refers to the No Child Left Behind for a definition of the term "core academic subjects." See 20 U.S.C. section 1401(4). No Child Left Behind provides the following definition:

CORE ACADEMIC SUBJECTS- The term core academic subjects' means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography.

20 U.S.C. section 7801.

The relevance of defining core academic subjects is that under the IDEA and NCLB, a special education teacher who teaches core academic subjects to students with disabilities must be "highly qualified" in the subject he/she teaches. To meet the requirements, the teacher must be "highly qualified" as a special education teacher, meaning that he/she meets the certification, education and licensing requirements under the IDEA and state law, plus meet the requirements to be considered "highly qualified" in the subjects themselves. This does not apply to teachers who are exclusively teaching students who are assessed using alternative achievement standards.

Special education teachers in self-contained classroom settings may be teaching multiple subjects to their students. The IDEA addresses this situation by setting specific standards relevant to any special education teacher who teaches two or more core academic subjects exclusively to students with disabilities. Those teachers meet applicable standards if they either (i) meet the requirements of NCLB for highly qualified teachers; (ii) for teachers who are "not new," demonstrate competence in all of the core academic subjects in which the teacher teaches in the same manner; or (iii) for teachers who are new and are "highly qualified" in math, language arts or science, demonstrate competence in other core academic subjects in which the teacher teaches. 20 U.S.C. section 1401 (10)(D).

Students with disabilities need to learn and progress in core academic subjects, and the purpose of incorporating these requirements into the IDEA was to ensure that students with disabilities have the same right to competent, qualified instruction in the core academics as their non-disabled peers.

Fast Fact Friday: Who is a "Parent" Under IDEA

The IDEA defines "parent" as:

(A) a natural, adoptive or foster parent of the child (unless a foster parent is prohibited by State law from serving as a parent);
(B) a guardian (but not the State if the child is a ward of the State);
(C) an individual acting in the place of a natural or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child's welfare; or
(D) [] an individual assigned under either [section 1415(b)(2) or section 1439(a)(5)] to be a surrogate parent.

20 U.S.C. section 1401(23)

What happens when the parents are divorced?

If the parents of the child are divorced, both parents are considered a "parent" under the IDEA and have all of the parental rights established by the IDEA's procedural safeguards, unless a court order or state law specifies otherwise. The IDEA specifically allows for a judicial decree or court order to identify the person who is to act as the parent of the child and to make educational decisions on the part of the child. 34 C.F.R. section 300.30(b). If divorced parents both maintain shared legal and physical custody, each may be able to make educational decisions. If, however, a divorced parent does not have legal or physical custody, they may not be entitled to participate in the educational process. The siutation can be unclear in circumstances where parents share legal custody but not physical custody, or the other way around.

The best scenario would be for parents to ensure that the educational rights pertaining to the child are specified in a divorce agreement or addressed by the Court in its order.

What happens when the parents are unknown?

Section 1415(b)(2) includes a requirement that the local education agency establish procedures to protect the rights of the special education student "whenever the parents of the child are not known, the agency cannot after reasonable efforts locate the parents, or the child is a ward of the State." In these circumstances, the agency must assign a surrogate to act as the parent. School districts must establish a method for determining whether the child requires a surrogate and for assigning a surrogate parent. See 34 C.F.R. section 300.519. The surrogate cannot be an employee of the school district or any other agency involved in the education of the child, and must have "knowledge and skills that ensure adequate representation of the child."

Two circumstances are specifically addressed further: First, if the child is a ward of the State, the statute specifies that the surrogate may be appointed by the Judge overseeing the child's care. Second, if the child is an unaccompanied homeless youth, the school district is specifically responsible for appointing the surrogate. See 20 U.S.C. section 1415(b)(2).

Parents, including surrogate parents under the IDEA, or a divorced parent with legal and physical custody, have rights and responsibilities as determined by the procedural safeguards of the IDEA, and must be included and involved in all matters related to the identification, evaluation, placement and provision of FAPE to the child.

Fast Fact Friday: Nonacademic Services and Extracurricular Activities

What are Nonacademic Services and Extracurricular Activities?
IDEA specifies that these services / activities may include "counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities and employment of students, including both employment by the public agency and assistance in making outside employment available." 34 C.F.R. 300.107(b).

Extracurricular activities are basically those activities that school age kids participate in beyond the classroom setting, like sports, clubs, etc.

Mandate for Equal Opportunity:
IDEA 2004 states that "each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities." 34 C.F.R. 300.107(a).

Under Section 504, Districts are required to provide nonacademic services and athletics in the manner necessary so as to afford students with disabilities an equal opportunity for participation in such services and activities. 34 C.F.R. 104.37(a)(1). Failure to ensure equal opportunity could give rise to a claim of discrimination under this Act.

What should the IEP team do?
IDEA 2004 broadened the definition of supplementary supports and services by specifying that such aids, supports and services are provided not only in the regular classroom setting and other education-related settings, but also within extracurricular and non-academic settings. 34 C.F.R. 300.42. This means that the IEP team must consider what supports may be necessary to ensure that the child has the ability to participate in the same extracurricular activities as are available to his/her non-disabled peers. For example, the student may need 1:1 assistance and support to attend club meetings or other activities; or require accommodations / modifications within the program.

Fast Fact Friday: Age of Eligibility

Age Range Covered:
IDEA 2004 specifies that FAPE must be made available to all children residing in the state between the ages of 3 and 21 inclusive.
34 C.F.R. 300.101(a).

Eligibility At Age 3:
School Districts are required to make FAPE available to children with disabilities by no later than the child's third birthday. 34 C.F.R. 300.101(b). The law specifies that the IEP must be "in effect for the child by that date," meaning that assessments to determine eligibility and an IEP meeting to develop goals, services, placement, etc, should be held prior to the third birthday.

If the child turns three during the summer months, IDEA allows for the IEP team to determine the date upon which the IEP will begin. 34 C.F.R. 300.101(b). However, this should be read in conjunction with the requirement that an IEP be in place at the start of the school year for each child with a disability residing within the district. 34 C.F.R. 300.323(a).

Eligibility To Age 21:
States are permitted to decide how to determine the end date for eligibility for a 21 year old. Some states may cut off eligibility as of the date that a child turns 21. Others may determine that eligibility goes until the end of the semester or school year in which the child turns 21. Still others may determine that the child would remain eligible throughout their 21st year (i.e. until they turn 22).

Keep in mind that being age-eligible is not the same thing as an automatic determination that the child still requires special education and related services. There are other factors used to determine the end of a child's special education program for students beyond "school age," such as graduation from high school with a diploma or certificate of completion, an IEP team determination that the goals have been met and services are no longer required, etc.

Fast Fact Friday: Requesting an IEP Meeting

A student's Individualized Education Plan must be reviewed

• at least annually
• whenever there are evaluations / assessments to be reviewed by the IEP team
• to address lack of expected progress
  
• at the request of the teacher / staff
• at the request of the parent

Parents often don't know that they can request an IEP meeting at any time! They may be concerned about their child's lack of progress, or new concerns that have arisen, or think some information needs to be provided to the team, but be waiting for the District to call an IEP meeting!

When & Why

Parents may need to request an IEP team meeting for many reasons. Trust your instincts and judgment - if you think that the team needs to meet and possibly make changes to the program, just ask for a meeting! Here are some examples of common situations:

• Parent obtained a private evaluation or met with the student's doctor, and recommendations pertinent to the student's program were made
• Parent is concerned about student's failing grades, lack of progress towards IEP goals, or other indications of lack of progress in the existing program
• Parent believes the student's needs have changed, such as that there are new behaviors the student is exhibiting
  

Parents can make a request for the IEP team to convene to discuss these concerns and make appropirate adjustments to the IEP. The timeline for when the District will then be required to hold an IEP meeting is determined by state laws and regulations. (In California, for example, it must be held within 30 days).

What & How

Like everything else, this request should be made in writing. Parents should send a letter to their child's school of attendance and to the school district special education office clearly requesting an IEP meeting to be convened as soon as possible.

It's a good idea for parents to give some indication of why they are requesting an IEP meeting so that the District team members can come to the meeting prepared for a meaningful discussion. If the parent is requesting a meeting to review a private report, for example, the parent should offer to provide a copy of the report for the team's review. If the request is based on a concern about the student's lack of progress, briefly document the basis of that concern.

Give the District dates and times that you are available to have the meeting, or request that they contact you by a certain date to discuss mutually agreeable dates.

Fast Fact Friday: Specialized Instruction

Eligibility for an IEP is contingent upon (1) the child having an identified disability under one of the eligibility categories in federal and state laws, and (2) the child requiring, by reason of that disability, special education and related services. See 34 C.F.R. section 300.8(a)(1). "Special education means specially designed instruction, at no cost to the parents, to meet the unique needs of a child with a disability, including (i) instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings; and (ii) instruction in physical education." See 20 U.S.C. section 1401(29); 34 C.F.R. section 300.39(a)(1). Furthermore, special education can include related services, such as speech-language pathology, if that service is considered special education rather than a related service under state standards. See 34 C.F.R. section 300.39(a)(2).

What is "specially designed instruction?"

The IDEIA defines specially designed instruction as "adapting, as appropriate to the needs of an eligible child, the content, methodology, or delivery of instruction, (i) to address the unique needs of the child that result from the child's disability; and (ii) to ensure access of the child to the general curriculum, so that the child can meet the educational standards within the jurisdiction of hte public agency that apply to all children." 34 C.F.R. section 300.39(b)(3).

Through the IEP process, Districts need to consider whether adaptations are needed in the content (i.e. what is being taught), or the methodology or delivery of instruction (i.e. how it is being taught) in order for the specific child's needs to be addressed and in order for that child to have access to general education curriculum. The IEP team should also consider whether the child needs "additional specialized instruction or related services" in order to make progress towards general education curriculum. See Letter to Anonymous, OSEP 2008.

"Specially designed" means designed with the specific child in mind. Specially designed instruction can include alternative methods of teaching the same curriculum to children with disabilities as to non-disabled students. It can include modified or adapted textbooks.

Under the IDEIA, special education (including specially designed instruction) should be "based on peer reviewed research to the extent practicable." 34 C.F.R. section 300.320(a)(4). In certain cases, specially designed instruction can also include specialized instructional programs, like intensive reading programs, ABA or other methodologies, etc., if these specific instructional programs are required to meet the child's unique needs and ensure access to the general curriculum.

Fast Fact Friday: Extended School Year ("ESY")

ESY is the provision of services, during the summer months, to a child who is eligible for special education and related services.

If your child's IEP team determines that ESY services are necessary for the provision of FAPE, then these services must be provided. The school district cannot get out of this responsibility by claiming that no such services are available; by claiming that only certain categories of disability are provided with services; or, by unilaterally limiting the type, amount or duation of those services.

At the very least, the appropriateness of ESY services should be discussed by the IEP team. For more information of what should be discussed at the IEP meeting and what the meeting agenda should look like, click here.

Fast Fact Friday: When do you have to enroll your child in Kindergarten?

If your child turns 5 years old on or before December 2, then in California, the school district has to accept your child into Kindergarten for that school year. Furthermore, if this applies to your child, then he or she may also be admitted to the prekindergarten summer program maintained by the district for pupils who will be enrolling in kindergarten in September.

However, this does not mean that you have to enroll your child when he or she is 5 years old. The only requirement regarding when you have to enroll your child in school is that each person between the ages of 6 and 18 is subject to "compulsory full-time education" (California Education Code section 48200). Thus, you do not have to enroll your child into school until he or she is six years old (of course, certain exceptions may apply for those parents who choose to home school their child). In fact, there is no requirement that your child has to attend Kindergarten. If a child is determined to be ready for first grade work then, at the discretion of the school administration and with parental consent, the child can be admitted directly to first grade.

So, if you are a parent of a special needs child and a part time preschool program is appropriate to meet the needs of your 5 year old and the typical Kindergarten program is not, then continuing in the preschool program for an additional year should be discussed by the IEP team.

Additional Information:
To learn when an exception can be made that permits your child to enter Kindergarten younger than 5 years old, click here.

For more information on Kindergarten requirements in California, click here.

For more information on the "Kindergarten Readiness Pilot Program," click here.