SB 277 IEP

SB 277 IEP California


California Sample IEP SB 277 Exemption Letter


California Sample IEP SB 277 Exemption Letter

**Disclaimer: This letter is for personal use only. If you are a professional, please contact Educate. Advocate. for usage guidelines.

Initial Assessment Letter (Refusal)

Sample Letter Initial Assessment Refusal Letter

**Disclaimer: This letter is for personal use only. If you are a professional, please contact Educate. Advocate. for usage guidelines.

School District IEP Exemption Form 

Have you received an "IEP Exemption Form" from your California school district?
Did you know that these forms are NOT required under the IDEA or California Education, Code of Regulations or Health codes? 
Your school cannot require a parent sign these forms as a condition of registration, enrollment or attendance for your student with an IEP. 
What to do if your school presents you with an 'IEP Exemption' form:
1) Ask IN WRITING (email is fine) if the form is required (and get the reply in writing). 
2) Ask for a copy IN WRITING (email is fine) to take home and review. 
3) Ask IN WRITING (email is fine) who drafted the form and where signed forms are kept.
4) Contact Educate. Advocate. for help!


Stay Put


Dry Creek Joint Elementary School District

Dry Creek Joint Elementary School District Stay Put Order

August 22, 2024

"The dispute centers on the meaning of the special education and related services Student may access notwithstanding his immunization status. Dry Creek argues the California legislature did not intend for the exemption to apply to Student’s placement and suggests it can implement the general education component of Student’s educational program through an independent study model. Dry Creek relies on Dr. Pan’s declaration which attests the California Legislature intended for students with IEPs to access special education services, but not access the general education environment unless the student complied with the vaccination requirement or received a valid medical exemption. However, this distinction between special education and related services and placement is not stated in Health and Safety Code section 120335, subdivision (h). Further, a June 9, 2015 transcription from the California Assembly Health Committee meeting does not demonstrate the same intention as stated by Dr. Pan. Several committee members expressed their understanding that the bill should not impact the “ability of a [disabled child] to get a full program afforded to them in their IEP” and that nothing in the bill should prohibit a child with an IEP to access the "mainstreaming component” or prevent them from being “allowed to take part in normal classroom activities with other kids in a general setting if they had the exemption.”......


"Similarly, Dry Creek’s argument that the Health and Safety Code only requires a school district to provide special education and related services undercuts a central principal under the IDEA: the right of children with special needs to be educated in the least restrictive environment appropriate to meet their needs and the clear policy preference for inclusion to the maximum extent appropriate. (20 U.S.C § 1412(a)(5)(A); 34 C.F.R. §§ 300.114 & 300.116; Ed. Code, § 56031.)"



Corona-Norco Unified School District

Corona-Norco Unified School District Stay Put Order

February 27, 2024

"Student's IEP highlights a guiding principle of the IDEA, that children with special needs be educated in the least restrictive environment appropriate to meet their needs. Student's general education placement is an inextricable component of his IEP. The IEP itself provides for consultative services to facilitate acquisition and generalization of Student's skills across settings. That means that Student will be aided in using skills developed in speech and language services in his general education setting, while also being exposed to typically developing peer language models.


The IDEA expresses a clear policy preference for inclusion to the maximum extent appropriate as an aspiration for all children with special needs. (Citation) School districts are required to provide each special education student with a program in the least restrictive environment with removal from the regular education environment occurring only when the nature or severity of the student's disabilities is such that education in regular classes with the use of supplementary aids and services could not be achieved satisfactorily. (Citation)


Moreover, the IDEA is designed to provide disabled students with access to special education and related services in schools. (citation). Accordingly, California courts have already decided that the vaccination exception prevents school districts from excluding unvaccinated students with IEP's from attending school. (citation) (under the IDEA, students with IEPs are exempted from the requirement to be vaccinated in order to attend school.))


Corona-Norco cites no law overturning Whitlow nor providing a different interpretation of the statutory exception provided to Student's with IEPs found in Health and Safety Code, section 120335, subdivision (h). Nor can Corona-Norco provide authority that board policies take precedent over the statutory framework governing immunizations and exceptions to immunization."


Compliance Complaints


ABC Unified School District and ABC Unified SELPA

ABC Unified School District Compliance Complaint Investigation Report

March 29, 2024


Corona-Norco Unified School District and Corona-Norco Unified SELPA

Corona-Norco Unified School District Compliance Complaint Investigation Report

March 27, 2024


Kern High School District and Kern Union High SELPA

Kern High School District Compliance Complaint Investigation Report

November 15, 2023


San Dieguito Union High School District and North Coastal SELPA

San Dieguito Union High School District Compliance Complaint Investigation Report

October 13, 2023


New Pacific School-Roseville and El Dorado County Charter SELPA

New Pacific School-Roseville Compliance Complaint Investigation Report

July 31, 2023


Yreka Union High School District and Siskiyou County SELPA

Yreka Union High School District Compliance Complaint Investigation Report

March 29, 2023


Sierra Academy of Expeditionary Learning and El Dorado County Charter

California Department of Education finds the Charter out of Compliance January 6, 2023


Excelsior Charter School

California Department of Education Denies Request from Excelsior Charter School to Appeal July 8 2022


Compliance Complaint Investigation Report and Appeal Excelsior Charter School May 5, 2022 and May 18, 2022


Compliance Complaint Request by Parent on behalf of students against Excelsior Charter School February 14, 2022


Santa Barbara County Office of Education and Orcutt Union School District

California Department of Education Denies Request from Santa Barbara County Office of Education to Appeal May 20, 2020


Santa Barbara County Office of Education and Orcutt Union School District

Compliance Complaint Investigation Report March 30, 2020


El Rancho Unified School District

El Rancho Unified School District Compliance Complaint Investigation Report November 14, 2019


Stay Put (2017-2018)

August 14, 2018 Order Granting Stay Put Chino Valley Unified School District
"Notwithstanding Parent’s refusal to immunize Student with all the normally required immunizations, Student’s last agreed upon and implemented IEP from Bellflower required placement in a school environment, with specified services. Student’s Bellflower September 8, 2017 IEP specifically required placement in a preschool environment, with specified services. Pursuant to California Health and Safety Code, section 120335, subdivision (h) Student is not prohibited accessing these.1 Home instruction cannot replace the placement and services in the September 8, 2017, IEP and thus is not stay put.."."Accordingly, Student’s stay put is the placement and services specified in the Bellflower September 8, 2017 IEP."
October 9, 2017 Granting stay put to student on an IEP
"SB 277 was originally introduced on February 9, 2015, and it contained no language concerning children with IEP’s."
"The Legislative Counsel, in an analysis of SB 277 dated June 11, 2015, on page 14 stated “Special education students must have access to services,” as the rationale for subdivision (h). The IDEA is federal law that obligates states to educate all students, including those with a disability. Children who qualify for special education pursuant to the IDEA are given IEP’s. A plain reading of subdivision (h) reveals that a school district is obligated to provide any student with an IEP, placement and services as specified in the IEP, and this, in effect creates an exemption from vaccination for these children."

Chino Valley Unified School District Students on IEP and SB 277

Questions students on IEP and SB 277 Questions submitted February 19, 2018 and answered April 16, 2018

Documents Students on an IEP and SB 277

Immunization Report Students on an IEP line item in reporting Minutes from meeting explicitly state students on an IEP cannot be excluded from school

Students on an IEP are "Exempt" in the news


"A federal judge on Tuesday indicated he was leaning against imposing a preliminary injunction in a California school vaccine mandate case, saying the plaintiffs had no standing because it appeared no one had been harmed.

U.S. District Judge Dale Drozd also said it appeared that Brave and Free Santa Cruz, one of the plaintiffs, hadn’t exhausted all administrative means before suing. That also weighed on the judge as he considers denying the injunction."

"As the academic year gets underway, large school districts in Southern California are using different tactics to enforce the state's new vaccination law.

Under the law, parents can no longer opt out of vaccinating their incoming kindergartners or 7th graders on the basis of personal or religious beliefs. The law also applies to students of any grade who are new to the state.

The only students exempt from the law are those who can not be vaccinated for medical reasons or who are on Individualized Education Programs."

"In response to confusion among some school districts, California's departments of public health and education have updated the explanation of the state's new immunization law to clarify that unvaccinated special needs kids must receive all of the services required by their Individualized Education Programs. "

Press Release Judge Sabraw Students on an IEP SB 277

September 7, 2016 Press Release Students IEP SB 277

Need the advice or help of an Advocate for your student on an IEP?

**Advocates on this page as volunteers for Educate. Advocate offer a free consultation. They also offer their private practice services if you are in need of written complaints or in need of an advocate to attend meetings to advocate for your child/student.** 

Interview

National IEP Exemption Guide applicable for all states

IEP National Exemption Guide

New York IEP Guide

New York IEP Guide

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