Special Education Process

Referrals for assessment for special education services can come from a variety of sources. Parents or guardians; teachers, other school staff, and community members; or the Student Success Team (SST) at your child’s school. Our goal is to serve students in the least restrictive environment by adding supports and adjustments to the general education program.

San José Unified is required to document that the student’s educational needs cannot be successfully met through a multi-tiered system of supports and adjustment of the general education program before they make a referral for Special Education. We encourage parents and guardians to start by discussing concerns with the child’s teacher, the principal, or through a Student Success Team. Parents or guardians may also write a letter requesting an assessment for their child.

San José Unified will respond to any referral for an assessment within 15 days of receiving the referral for assessment – not counting school vacations greater than five days such as the summer or New Year recess.

Our staff review all available evidence, including student grades, attendance, academic performance as measured by statewide and district-wide assessments, and other information as appropriate. If the district team assigned to the referral determines that an assessment of the student is not appropriate, the parent or guardian will receive a written notice of this decision within the 15-day period.

If the team determines that an assessment is appropriate, the parent or guardian will receive an Assessment Plan that describes the types and purposes of the assessments that may be used to determine your child’s eligibility for special education services. The parent or guardian must consent to and sign the Assessment Plan before an assessment can be administered. San José Unified has 60 days from the receipt of the signed Assessment Plan, not counting school vacations greater than five days, to complete the assessment and hold an Individualized Education Program (IEP) meeting.

An assessment involves gathering information about the student to determine whether the student has a disability and if they require specialized academic instruction because of the disability. Assessments may include individual testing, observation of the student at school, interviews with the parents or guardians, student and school staff who work with the student, and review of school records, reports, and work samples.

Eligibility for special education services is the result of following a systematic process that carefully evaluates and identifies one or more learning impairments that interfere with a student receiving educational benefit. Eligibility is determined by an Individualized Education Program (IEP) team using the state defined eligibility criteria.

After the student has been assessed, an Individualized Education Program (IEP) meeting will be held. The school must provide parents or guardians with written notice of the IEP meeting within a reasonable time prior to the meeting. This notice will include: the date, time, and place of the meeting; the reason for the meeting; who will be at the meeting; and a statement of the right of participants to electronically record the meeting.

At this meeting, the IEP team will discuss the assessment results and determine if your child is eligible for special education services. If your child is eligible, an IEP will also be developed, that describes the student's abilities and needs, and the goals, accommodations, modifications, and services designed to meet the child’s unique needs. Once the IEP has been developed, a parent or guardian must sign the IEP for a student to begin receiving special education services.

The IEP team will consist of several individuals including the parent/guardian; a school administrator or qualified representative who is knowledgeable about program options appropriate for your child; your child’s present teacher; the person(s) who assessed your child or someone familiar with those assessment procedures, and other people, such as the student, whom you or the school wish to invite.

After a student qualifies for and begins receiving special education services, the IEP will be reviewed in an IEP meeting at least once a year to determine how well it is meeting the student's needs. The case manager and related service providers will monitor the student's progress on an ongoing basis.  In addition, every three years, the student will be reassessed and the IEP reviewed to determine if the student still qualifies for special education services.

We encourage parents and guardians to maintain regular contact with the educational professionals who work with their child. If your child has an IEP and you have concerns about their educational needs being met, either the parent, guardian, or school staff may request a reassessment or an IEP meeting at any time during the school year. Requests should be submitted in writing to your child's school. The school must get your permission before the reassessment. Once your request is received, the meeting must be held within 30 days, not counting school vacations greater than five days.