Notice to Parents of Procedural Safeguards for Students with Disabilities

  Requirements For Students With Disabilities Enrolled By Their Parents In Private Schools: 34 CFR Section 300.129  To 300.144 Students with disabilities who have been enrolled in Private schools by their parents do not have an individual right to special education and related services while enrolled in the private school.  However, The following rights are affordable to parents of students enrolled in nonprofit private schools: ___________________________________________________________________________________ Child Find: 34 CFR Section 300.131 You have the right to have your child evaluated by the district in which the private school is located to determine if your child may be a student with a disability. The district child find and referral obligations toward your parental place private school student are the same as for students enrolled in public school. ___________________________________________________________________________________ Expenditures: 34 CFR Section ...

  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. ________________________________________...

  Resolution Period: If the school district has not resolved the due process hearing request to your satisfaction within 30 calendar days of the receipt of the due process hearing request ( during the time period for the resolution process), The due process hearing may occur. The 45 calendar day timeline for issuing a final decision begin at the expiration of the 30 calendar day resolution period, with certain exceptions for adjustments made to the 30 calendar day resolution period, as described below. Except where you and the school district have both agreed to waive the resolution process or to use mediation, Your failure to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until you agree to participate in a meeting. If after making reasonable efforts, and documenting such efforts, the school district is not able to obtain your participation in the resolution meeting, The school district may, at the end of the 30 ca...

  Local Educational Agency ( LEA) Or School District Response To A Due Process Hearing Request: If the school district has not sent a prior written notice to you, As described under the heading  Prior written Notice, regarding the subject matter contained in your due process hearing request, the school district must, within 10 calendar days of receiving the due process hearing request, send to 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 hearing request; 2.) A description of other options that your students 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 districts proposed or refused action. Providing the information in items 1 to 4 above ...

Due Process Hearing Request Procedures: Filing A Due Process Hearing Request 34 CFR Section 300.507 General You or the school district may file a due process hearing request on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation, eligibility determination, or educational placement of your child or the provision of a FAPE to your child. In addition, in accordance with Section 1008.212, Florida Statue in the event that your school district superintendent requests that an extraordinary exemption from participation in a state assessment be granted to your child and the commissioner of Education denies this request, you have the right to request an expedited due process hearing. This request, would be made to the Department of Education. Upon your request, You would be informed of any free or low cost legal services and other relevant services available. The Department of Education will arrange a hearing on this matter with the state of Florid...

  State Complaint Procedures: Differences Between Due Process Hearing and  State Complaint Procedures: The regulations for PART B of IDEA set forth separate procedures for state complaints and for due process complaints and hearing. As explained below, any individual or organization may file a state complaint alleging a violation of any PART B requirements by a school district, the Department of Education, or any other public agency. Only you or a school district may file a due process complaint on any matter relating to a proposal or refusal to initiate or change the identification, evaluation, or educational placement of a student with a disability, or the provision of a FAPE to the student. Although staff of the department of Education generally must resolve a state complaint within a 60 calendar day timeline, unless the timeline is properly extended, an impartial due process hearing officer must hear a due process complaint ( If not resolved through a resolution meeting or...

  Record Of Access: 34 CFR Section 300.614 Each participating agency must keep a record of parties obtaining access to education records collected, maintained, or used under PART B of the IDEA, ( except access by parents and authorized employees of the participating agency), Including the name of the party, The date access was given, and the purpose for which the party is authorized to use the records. _____________________________________________________________________________________ Records On More Than One Child: 34 CFR Section 300.615: If any education records includes information on more than one student, the parents of those students have the right to inspect and review only the information relating to their child or to be informed of that specific information. _______________________________________________________________________________________ Consent For Disclose Of Personally Identifiable: 34 CFR Section 300.622 Unless the information is contained in education records...

  Revocation Of Parental Consent: General Information 34 CFR Section 300.300 (b) (4) If, at any time subsequent to the initial provision of special education and related services, the parent of a student revokes consent in writing for the continue of provision of special education and related services, the school district may not continue to provide special education and related services to the student. But must provide prior written notice before ceasing the provision of special education and related services. The school district may not use mediation or due process hearing procedures in order to obtain agreement or ruling that the services may be provided to the student. If you revoke your consent for the continued provision of special education and related services to your child, your school district: 1.) Will not be considered to be in violation of the requirement to make a FAPE available to your child for its failure to provide the student with further special education and re...

  Special Rules for Initial Evaluation of Wards of the State: If a child is a ward of the state and is not living with his/her parent: The school district does not need concerns from the parent for an initial evaluation to determine if the student is a student with a disability if: 1.) Despite reasonable efforts to do so, the school district cannot find the students parent; 2.) The rights of the parents have been terminated in accordance with state Law; or 3.) A Judge has assigned the right to make educational decisions and to consent for an initial evaluation to an individual other than the parent. Ward of the state, as used in the IDEA, means a student who, as determined by the state where the students lives, is: 1.) A foster child unless the child has a foster parent who meets the state definition of a parent; 2.) Considered a ward of the state under state Law, or 3.) In the custody of a public child welfare agency. _______________________________________________________________...