Notice to Parents of Procedural Safeguards for Students with Disabilities

  Requirements For Unilateral Placement By Parents Of Students In Private Schools At Public Expense: General 34 CFR Section 300.148 PART B of the IDEA does not require a school district to pay for the cost of education, Including special education and related services, Of your child with a disability at a private school or facility if the school district made a FAPE available to your child and you choose to place the student in a private school of facility. However, the school district where the private school is located must include your child in the population whose needs are addressed under the PART B provision regarding children who have been placed by their parents in a private school under 34 CFR Section 300.131 through 300.144. ______________________________________________________________________________________ Reimbursement For Private Placement: If your child previously received special education and related services under the authority of a school district, and you choo...

  Protection For Students Not Yet Eligible For Special Education And Related Services: 34 CFR Section 300.534 General If a student has not been determined eligible for special education and related services and violates a code of student conduct, but the school district had knowledge ( as determined below) Before the behavior that brought about the disciplinary action occurred, that the student was a student with a disability, then the student may assert any of the Protections described in this notice. _____________________________________________________________________________________ Basis Of knowledge For Disciplinary Matters: A school district must be deemed to have knowledge that a student is a student with a disability if, before the behavior that brought about the disciplinary action occurred: 1.) The parent of the student expressed concerns in writing that the student is in need of special education and related services to supervisory or administrative personnel of the app...

  Change Of Placement Because Of Disciplinary Removals:  34 CFR  Section 300.536 A removal of a student with a disability from the students current educational placement is a change of placement if: 1.)  The removal is for more than 10 school days in a row; or 2.) The student has been subjected to a series of removals that constitute a pattern because:     a.) The series of removals total more than 10 school days in a school year;     b.) The students behavior is substantially similar to the students behavior in previous incidents that resulted in the series of removal;     c.) Of such additional factors as the length of each removal, The total amount of time the student has been removed, and the proximity of the removals to one another; and Whether a pattern of removals constitutes a change of placement is determined on a case by case basis by the school district and, If challenged, is subject to review through due process and Judicial ...

  Procedures When Disciplining Students With Disabilities: Authority Of School Personnel 34 CFR Section 300.530; Rule 6A-6.03312, F.A.C. Case by Case Determination School personnel may consider any unique circumstances on a case by case basis, when determining whether a change of placement, made in accordance with the following requirements related to discipline, is appropriate for a child with a disability who violates a school code of student conduct. ____________________________________________________________________________________ General: To the extent that they also take such action for children without disabilities, school personnel may, for not more than 10 school days in a row, remove a student with disability who violates a code of student conduct from his her current placement to an appropriate interim alternative educational setting. (which must be determined by the students IEP team), Another setting, or suspension. School personnel may also impose additional removal...

  Appeals Finally Of Decisions; Appeal; Impartial Review 34 CFR Section 300.514 Finality Of Hearing Decision A decision made in a due process hearing ( including a hearing relating to disciplinary Procedures) is Final, except that any party involved in the hearing ( You or the school district) May appeal the decision by bringing a civil action, as described below. ____________________________________________________________________________________ Timelines And Convenience Of Hearings And Reviews: 34 CFR Section 300.515 The SEA must ensure that not later than 45 calendar days after the expiration of the 30 calendar day period for resolution meetings or, as described under the sub-hearing Adjustments to the 30 calendar  day resolution period, Not later than 45 calendar days after the expiration of the adjusted time period: 1.) A final decision is reached in the hearing; and 2.) A copy of the decision is mailed to each of the parties. An ALJ may grant specific extensions of time...

  Impartial Hearing Officer ( i.e., ALJ) 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 student. However, a person is not an employee of the agency solely because he/she is paid by the agency to serve as a hearing officer, 2.) Must not have a personal or professional interest that conflicts with the hearing offivers objectivity in the hearing; 3.) Must be knowledgeable and understand  and understand the provisions  of the IDEA, and federal and state regulations pertaining to the IDEA, and legal interpretations of the IDEA by federal and State Courts; and 4.) Must have the knowledge and ability to conduct hearings, and to make and write decisions, consistent with appropriate, standard legal practice. The Department of Education will keep a list of those persons who serve as ALJ that must include the qualification of each of those persons. ________________________________________...