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(4.56) Who is responsible for implementing my child’s IEP?

(4.56) Who is responsible for implementing my child’s IEP?

California law delegates to local school districts the direct responsibility for providing the services in students’ IEPs and for ensuring that a continuum of program options exists to meet the needs of their students. [Cal. Ed. Code Sec. 56360.] Under federal law, the California Department of Education (CDE) is ultimately responsible for ensuring that required procedures are followed and that students receive needed education services in accordance with their IEPs. [34 C.F.R. Sec. 300.600.] If a school district refuses, or wrongfully neglects, to provide FAPE to a student with disabilities, CDE is responsible for directly providing the needed services. [20 U.S.C. Secs. 1412(a)(11) & 1413(g); 34 C.F.R. Sec. 300.227.]

If your child is enrolled in a nonpublic school, the district, at its discretion, may delegate to the nonpublic school the responsibility of conducting the IEP meetings and implementing the IEP. However, even if the district delegates these tasks, responsibility for compliance with special education law remains with the school district. [Cal. Ed. Code Sec. 56383.]