BP 6159.1 — PROCEDURAL SAFEGUARDS AND COMPLAINTS FOR SPECIAL EDUCATION
Instruction BP 6159.1 (a)
PROCEDURAL SAFEGUARDS AND COMPLAINTS FOR SPECIAL EDUCATION
Procedural Safeguards
In order to protect the rights of students with disabilities, the district shall follow all
procedural safeguards as set forth in law. Parents/guardians shall receive written
notice of their rights in accordance with law, board policy, and administrative
regulation.
(cf. 5144.2 - Suspension and Expulsion/Due Process (Student with Disabilities))
(cf. 5145.6 - Parental Notifications)
(cf. 6159 - Individualized Education Program)
(cf. 6159.2 - Nonpublic, Nonsectarian School and Agency Services for Special Education Students)
(cf. 6159.3 - Appointment of Surrogate Parent for Special Education Students)
(cf. 6159.4 - Behavioral Interventions for Special Education Students)
(cf. 6164.4 - Identification and Evaluation of Individuals for Special Education)
The Superintendent or designee shall represent the District in any due process
hearings conducted with regard to District students and shall provide the Board of
Education with the results of these hearings.
Complaints
Complaints concerning compliance with state or federal law regarding special
education shall be addressed in accordance with the notice of procedural safeguards.
(cf. 1312.3 - Uniform Complaint Procedures)
Legal Reference:
EDUCATION CODE
56000 Education for Individuals with Exceptional Needs
56001 Provision of the Special Education Programs
56020-56035 Definitions
56195.7 Written Agreements
56195.8 Adoption of Policies
56300-563815 Identification and Referral,; Assessment, Instructional Planning
56360-56369 Implementation of Special Education
56440- 56447.1 Programs for Individuals between the Ages of Three and Five Years
56500-56509 Procedural Safeguards, Including Due Process Rights
56600-56606 Evaluation, Audits and Information
CODE OF REGULATIONS, TITLE 5
3000-100 Regulations Governing Special Education
4600-4671 Uniform Complaint Procedures
BP 6159.1 (b)
PROCEDURAL SAFEGUARDS AND COMPLAINTS FOR SPECIAL EDUCATION
(cont.)
UNITED STATES CODE, TITLE 20
1232g Family Educational Rights and Privacy Act of 1974
1400 et seq. Individuals with Disabilities Education Act
UNITED STATES CODE, TITLE 29
794 Section 504 of the Rehabilitation Act
UNITED STATES CODE, TITLE 42
11434 Homeless Assistance
CODE OF FEDERAL REGULATIONS, TITLE 34
99.10-99.22 Inspection, Review and Procedures for Amending Education Records
104.36 Procedural Safeguards
300.1-300.818 Assistance to States for the Education of Students with Disabilities, Especially:
300.500-300.520 Procedural Safeguards and Due Process for Parents And Students
Management Resources:
FEDERAL REGISTER
Rules and Regulations, August 14, 2006, Vol. 71, Number 156, pages 46589-46845
Court Decision, Winkelman v. Parma City School District (2007) 550 U.S. 516
WEBSITES
California Department of Education: www.cde.ca.gov/sp/se
U.S. Department of Education, Office of Special Education Programs:
www.ed.gov/about/offices/list/osers/osep
Office of Administrative Hearings, Special Education Division: www.dgs.ca.gov/oah/case-types/special-
education
CSBA District and County Office of Education Legal Services: legalservices.csba.org/
Chino Valley Unified School District
Policy Adopted: August 21, 1997
Revised: February 4, 1999
Revised: March 5, 2009
Revised: May 15, 2025