South East Consortium for Special Education Special Education Local Plan Area
In April 2012, two organizations, the Morgan Hill Concerned Parents Association and the Concerned Parent Association (Plaintiffs), filed a lawsuit against the California Department of Education (CDE) alleging widespread, systemic non-compliance by local education agencies with the IDEA and Section 504. The suit also alleges the CDE fails to monitor, investigate and correct such non-compliance in accordance with the law. (See case # 2:11-cv-03471-KJM-AC) The CDE denies these allegations and is actively defending the litigation.
As part of the litigation discovery process, Plaintiffs have requested numerous documents, as well as student data collected and stored by the CDE. Many of the requested documents and data stored in the CDE databases contain personally identifiable information (PII) of children, including children with disabilities, children who requested an assessment or who were assessed for special education eligibility, and children who are attending, or who have attended, a California school at any time since January 1, 2008. Although the CDE has contested the production of such information, the court at this juncture has ordered the CDE to produce to Plaintiffs’ legal counsel documents and data that contain student PII. Included in the court’s order to produce documents and data is a Protective Order prohibiting the Plaintiffs and their legal counsel from disclosing confidential information acquired in the course of the lawsuit, including PII, to anyone other than the parties, their attorneys and consultants, and the Court. None of this information may be used outside the context of this lawsuit; no student’s identifying records will be disclosed to the public.As you know, the Family Educational Rights and Privacy Act (FERPA) sets out the requirements for the protection of privacy of parents and students, including privacy of student records. Generally, parents and/or students must provide written consent before an educational agency may disclose PII. However, there are exceptions to this general rule. Specifically, an educational agency must provide PII when ordered by a court, which the CDE has been ordered to do in this litigation. The CDE is obligated to inform the parent or student that the court has ordered it to produce documents and/or data that includes those individuals’ PII, and that such persons may object directly to the court regarding this disclosure. To that end, and to comply with FERPA, the CDE is requesting LEAs and SELPAs post the following link to CDE’s website http://www.cde.ca.gov/
The South East SELPA is a champion for all students
having the social emotional and academic skills
to be successful lifelong learners.
The South East SELPA supports teaching and learning
in partnerships with families, schools,
and community agencies.
We encourage each partner to demonstrate
a spirit of respect, responsibility
and shared commitment to excellence.
Special Education Local Plan Area
The South East Consortium Special Education Local Plan Area (SELPA) is composed of eleven school districts and the Santa Clara County Office of Education. The overall purpose of the SELPA is to ensure that quality special education programs and services are available to meet the individual needs of special education students.
The South East Consortium SELPA is a support service office. Its primary goal is to promote success for all learners by providing quality services and support in a professional and timely manner.
Support services provided by the SELPA office include:
Learn more about California SELPAs at:
|South East Consortium SELPA
|Alum Rock Union School District
Berryessa School District
East Side Union High School District
Evergreen School District
Franklin McKinley School District
Gilroy Unified School District
Milpitas Unified School District
Morgan Hill Unified School District
Mt. Pleasant School District
Oak Grove School District
Orchard School District
Santa Clara County Office of Education