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Services must be provided to Special Education students on and after the 11th day of of school missed due to disciplinary action.

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Services must be provided to Special Education students on and after the 11th day of of school missed due to disciplinary action.

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If a child is kicked out of school for 10 or less days, services will be provided only if they are provided for other students who have been removed for the same amount of time.

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If a child is kicked out of school for 10 or less days, services will be provided only if they are provided for other students who have been removed for the same amount of time.

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Before you start, I want to ensure that you are aware that each stage in this process will be given to in writing in your native language where the process is regarding your child. You will receive communication throughout the process of what the school is doing in regards to the evaluation or referral process. Your consent as a parent will be given in writing along the way. We will only proceed with your written consent, which you can revoke at any time in writing. The beginning of the process starts with an initial evaluation, we will inform you of this and ask for your consent before beginning the eval.

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We will ask for your consent before beginning an initial evaluation. We will not begin providing services without another opportunity for you to provide consent. If you would like to revoke your consent for special education services, it must be done in writing. If you are in disagreement with the results of an evaluation, you have the option to request an outside evaluation. We will give you information on where you can seek an external evaluation. The district will make sure there is no cost for you. You can also request an evaluation or seek an external one, if you pay the cost, and bring the findings to the school for review.

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If you disagree with the decision that is made you may appeal the decision.

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If you disagree with the decision that is made you may appeal the decision.

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If the district has an appropriate spot available for your child and you choose to go to private school, the district is not responsible for paying those costs.

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If the district has an appropriate spot available for your child and you choose to go to private school, the district is not responsible for paying those costs.

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If a court determines that the district wasn't doing a good job of meeting your child's needs, the court can require the district to pay for private school.

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If a court determines that the district wasn't doing a good job of meeting your child's needs, the court can require the district to pay for private school.

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Any information that pertains to you or your child will remain confidential, you can request access to any information. This information includes names, social security numbers of your child, and educational records. The school has 45 days to provide you with this information. It's best to do this written communication so that timelines are followed. You have the right to amend records that you find are inaccurate or misleading. If we do not amend per your request, we will inform you of this you can bring this to a hearing. We will let you know when you have information that is no longer necessary for your consent to destroy it, you can also request for us to keep records.

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Parents and districts have the right to file a complaint about violations of Section B of IDEA.
Parents have the right to mediation regardless of rather a complaint has been filed yet or not
Filing a hearing cannot delay or deny a child services

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Mediators are required to be impartial and qualified.
The state is required to maintain a list of qualified and impartial mediators that are chosen without bias

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Mediation meetings are confidential and cannot be used as evidence in any hearings or complaints

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The state/district is required to provide a list of qualified and financially accessible legal representation to the family

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All steps of the complaint process have strict timelines. For example, the state has 30 days from receiving the complaint to initiate and complete an investigation.

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Impartial hearing officer

At a minimum, a hearing officer:

1. Must not be an employee of the SEA or the school district that is involved in the  education or care of the child

2. Must not have a personal or professional interest that conflicts with the ALJ’s objectivity  in the hearing;

3. Must be knowledgeable and understand the provisions of the IDEA,

4. Must have the knowledge and ability to conduct hearings,

Subject matter of due process hearing

The party that requests the due process hearing may not raise issues at the due process hearing that were not addressed in the due process hearing request, unless  the other party agrees.

Timeline for requesting a hearing

You or the school district must request an impartial hearing on a due process complaint within two years of the date you or the school district knew or should have known about the issue(s) addressed in the hearing request.

Exceptions to the timeline

The above timeline does not apply to you if you could not file a due process hearing request because:

1.     The school district specifically misrepresented that it had resolved the problem or issue that you are raising in your complaint;

2. The school district withheld information.

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School district response to a due process complaint: 

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School district response to a due process complaint: 

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The school district must, within 10 calendar days of receiving the due process hearing request, send you a response that includes:

1. An explanation of why the school district proposed or refused to take the action raised

in the due process complaint; 2. A description of other options that your child's individualized education program (IEP)Team considered and the reasons why those options were rejected; 3. A description of each evaluation procedure, assessment, record, or report the school district used as the basis for the proposed or refused action; and 4. A description of the other factors that are relevant to the school district’s proposed or refused action.

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The resolution meeting is not necessary if:

1. You and the school district agree in writing to waive the meeting; or

2. You and the school district agree to use the mediation process, as described under the heading Mediation.

Adjustments to the 30-calendar-day resolution period if both parties agree

Written settlement agreement: signed by both parties and can be voided within 3 business days.

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Only you or a school district may file a due process complaint on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation  or educational placement of a child with a disability, or the provision of a free appropriate  public education (FAPE) to the child.