Report 2021-108 Recommendation 6 Responses

Report 2021-108: Bellflower Unified School District: Has Not Used Its Significant Financial Resources to Fully Address Student Needs (Release Date: June 2022)

Recommendation #6 To: Bellflower Unified School District

To ensure that it provides consistent and adequate services to all students with disabilities, by October 2022 Bellflower should develop a process to review any instances of noncompliance that either Administrative Hearings or Education identifies, determine the reason for that noncompliance, and establish protocols to address similar problems in the future.

Annual Follow-Up Agency Response From December 2023

A special ed. handbook has been revised to include updates regarding IEP timelines, change of placement, and OAH and CDE case information guidance. All special ed. staff has been provided the reference guide via email and it will continue to be a working document. It will be a link as part of the weekly update that we are using to cummunicate regularly with special ed. staff throughout the District. This information is also shared with site administration.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

1-Year Agency Response

The Special Education department reviewed cases involving Office of Administrative Hearings (OAH) and California Department of Education (CDE) cases to determine reasons for non-compliance. As a result of the review, the Special Education department has established procedures for responding to CDE and OAH complaints. An additional step that has been taken to memorialize the process by adding the process to the District's Special Education Reference Guide. This process will be reviewed with Special Education administrative and office staff at the beginning of the school year for compliance purposes. This review will serve as a reminder and or refresher for new and veteran staff.

California State Auditor's Assessment of 1-Year Status: Partially Implemented

In addition to the steps Bellflower has previously taken to implement this recommendation, we confirmed that the district added to its special education reference guide a section related to review instances of noncompliance, determine the reason for the noncompliance, and address similar problems in the future. However, Bellflower did not provide evidence that this new section within the reference guide was specifically communicated to staff. The district should communicate these updates to ensure its staff provide consistent and adequate services to its students with disabilities.

6-Month Agency Response

Within 5 days that the District receives notice from the CDE that the District was found to be non-compliant with special education regulations in either a CDE complaint, or OAH due process hearing, the Director of Special Education will review the notice and forward the notice to the Program Administrator that supports the site and/or programs that were found to be non-compliant for further review and to assist with developing plan of action.

Within 10 days of notice the Program Administrator that oversees the site where the non-compliance was found and the special education program administrator that supports the site will review the notice, records in question, and determine reason for non-compliance.

Within 20 days of notice staff will create a training that will be distributed to all Special Education staff and administrators that:

Identifies all areas of non-compliance

Instructs staff on replacement practices that will ensure future compliance

Provides staff with references to applicable state and federal regulations, District policy, and/or other documents that will provide support for staff

Within 30 days of notice, the training guide shall be distributed to all licensed and certificated special education staff and site administrators.

The District's Special Education department will meet all timelines, comply with requests for information, and take the appropriate steps to adhere to recommendations as advised by CDE.

The District has completed the following items:

Hired a Director of Special Education

Established regular Special Education Department meetings

Internal review to determine compliance with students' IEPs

Developed an annual professional development calendar

Providing additional Professional Development for our district office administrators in some of the following areas:

IEP Compliance

Administrative Designee

Inclusion

Alternative Dispute Resolution

Parent Training through the Mid Cities SELPA

California State Auditor's Assessment of 6-Month Status: Partially Implemented

Although the district asserted that the process described in its response was communicated to staff throughout the district during special education department program meeting, the district did not provide evidence that the process was memorialized in special education procedures.

60-Day Agency Response

The District Special Education Administration will review current Office of Administrative Hearing & California Department of Education cases and determine reasons for out of compliance. District The Special Education, administration will develop a protocol and/or procedures for identified area of non-compliance. The protocols/procedures will be shared with staff that may impacted by possible revision. Professional development training will be provided if needed to help with consistent and adequate services to all students with disabilities.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2021-108

Agency responses received are posted verbatim.