Can a student be placed in a Special Day Class without an IEP in California?

Hey everyone, quick question—if a student doesn’t have an IEP yet, can they still be placed in a Special Day Class in California? I’m a bit confused about how this works. The process has just started, so any input would be helpful! :thinking:

From what I know, they can’t be placed in a Special Day Class without an IEP first. Federal law requires the IEP to be in place to show the need for special education services. However, they might be placed there temporarily while the IEP is being worked on.

@BookwormBard
Oh, so they can be placed temporarily? That’s good to know. Does it have to be approved by the parents first, though?

Brady said:
@BookwormBard
Oh, so they can be placed temporarily? That’s good to know. Does it have to be approved by the parents first, though?

Yes, the parents need to sign off on the IEP once it’s ready. But in urgent cases, they might place the student there before the IEP is fully approved. It’s just not a permanent solution until everything’s sorted out.

I’ve worked in special ed too, and this seems a bit strange. I’ve never heard of this being done. I always thought everything had to be set up first before placement.

Tenny said:
I’ve worked in special ed too, and this seems a bit strange. I’ve never heard of this being done. I always thought everything had to be set up first before placement.

Yeah, it’s definitely against the usual protocol. It’s more of a temporary thing if the child needs immediate support. But it shouldn’t be done as a regular practice.

Wait, so if a kid is moved to a Special Day Class right away, how does that affect the teacher? Could it lead to any legal issues later?

Jesse said:
Wait, so if a kid is moved to a Special Day Class right away, how does that affect the teacher? Could it lead to any legal issues later?

The teacher is usually not the one making the placement decisions. But to stay safe, the teacher should ask the principal or HR for an IEP and make sure everything is documented.

@BookwormBard
Got it, so it’s more about protecting the teacher’s role in the process. Thanks for explaining!

I think the key thing is to make sure parents are aware of their rights. If they aren’t fully informed, the school might try to pull something they shouldn’t.

Ash said:
I think the key thing is to make sure parents are aware of their rights. If they aren’t fully informed, the school might try to pull something they shouldn’t.

Exactly! The school needs to be transparent with the parents, and the IEP should be reviewed and signed off by them before any permanent placement.

So, if a kindergartner is moved to a Special Day Class right away, it sounds like it’s okay for now, but everything depends on getting that IEP sorted, right?

Nico said:
So, if a kindergartner is moved to a Special Day Class right away, it sounds like it’s okay for now, but everything depends on getting that IEP sorted, right?

Yep, that’s right. It’s a temporary thing while the IEP is being drafted. It’s not permanent until it’s finalized and agreed upon by the parents.