California Department of Education (CDE)

Dyslexia Guidelines, October 2017

Individual Protections in Special Education Programs

All school districts in San Benito County are part of the San Benito County Special Education Local Plan Area (SELPA).  Special Education services are available for all children who qualify as an individual with exceptional needs.  Referral procedures are available at each school district office.

Anyone who believes a local public agency is in violation of federal or state laws or regulations governing special education programs may file a written complaint with the State Superintendent of Public Instruction.

Complaints submitted to the Superintendent of Public Instruction must include a statement(s) of the specific concerns of the person filing the complaint, including the laws alleged to be violated.  In addition, the complaint should include all information necessary to support it.

Hearing requests must be made in writing and sent to:

Office of Administrative Hearings (OAH)
Special Education Unit
2349 Gateway Oaks, Suite 200
Sacramento, CA  95833-4231                                                                                                Phone: (916) 263-0880 Fax:  (916) 263-0890

Children Accepting Private Schools

Children who are enrolled by their parents in private schools may participate in publicly funded special education programs.  However, while school districts have the clear responsibility to offer a free and appropriate public education to students with disabilities, recent changes to federal law have significantly limited the school district’s responsibility to provide service to students whose parents have chosen to attend private schools.  Federal law limits the amount that school districts may spend for these services to a proportionate share of federal IDEA funds.  The regulations clarify that there is no individual right to receive some or all special education services the child would receive if enrolled in public school.  In the case where Special Education services are provided, an Individual Service Plan (ISP) must be developed at a meeting with the IEP team and representative of the private school.

For further information regarding special education complaint procedures or services for private school students, please contact your district’s Special Education Administrator or Christine Lompa, San Benito County SELPA Director, 460 Fifth Street, Hollister, CA  95023.  Phone:  (831) 637-5393, Ext. 112.

Additional SELPA Resources for Parents