We had a nice turnout at the PEGS parent support group for Tehiyah Day School. Tehiyah is an independent Jewish school of about 300 students, from pre-K to 8th grade. Of course Tehiyah includes students with learning differences — the school stresses community and acceptance — but because it is a private school, these students rarely have current IEPs.
We talked about the importance of special education eligibility whether the student was attending an independent school or graduating. Under the “child find” provision of IDEA, public school districts must assess all students — even those in independent religious schools — with a suspected disability to determine whether the students qualify for special education. This is important because an eligibility assessment provides parents with information about how their child learns. It also is important in planning for high school.
After 8th grade, Tehiyah students typically enroll in their public high schools. Depending on where they live, this puts students with disabilities into the special education process at West Contra Costa, Albany, Berkeley, or Oakland Unified school districts. Contrary to what some school officials are telling parents, a student does not have to be enrolled in public school before the District can assess. We talked about how the process works, and the differences between an Individual Education Plan and a Section 504 plan. If the District ignores an assessment request, then parents can call the State. Margaret Benavides at California’s Office of Procedural Safeguards is waiting for your call. (800) 926-0648.
PS If you want a copy of our presentation, send an email to brazylaw@gmail.com.
The Law Office of Betsy Brazy 