General Information
How often must procedural safeguards be provided to parents?
It must be provided at a minimum of one time per year
If a child qualifies for special education services, is a district required to provide services? - Explain
No - If a parent refuses to give your consent for the student to receive special education and related services. (p.4)
What is the difference between a state complaint and a due process complaint?
Any individual or organization may file a State complaint. Only a parent 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 FAPE to the child. (p.13)
How is mediation used?
Mediation is a voluntary process available to resolve disputes whether or not you have filed a due process complaint. It cannot be used to deny or delay a due process hearing. (p.18-19)
What is a hearing officer ultimately determining?
Whether your child received FAPE (p.25)
When must a school district provide written notice to the parent of a student with a disability?
Whenever it proposes to initiate or to change the identification, evaluation, or educational placement of your child (p.1)
What defines “reasonable efforts” to obtain parental consent for initial and re-evaluations?
Documentation detailing records of telephone calls made or attempted; copies of correspondence sent; and/or records of visits to the parent’s home or place of employment. (p.5)
Within how many days must a written decision on a due process complaint be issued for school-age students?
An impartial due process hearing officer must hear a due process complaint and issue a written decision within 45 calendar days after the end of the resolution period (30 calendar days of receiving notice of the due process complaint). (p.21)
Can a child’s placement change while waiting for the decision of a due process complaint?
Unless you and your school district or you and the State Review Officer agree otherwise, your child must remain in his or her current educational placement. (p.20)
For a proposed suspension of five school days or less, what rights apply to all students?
To be notified immediately by telephone, if possible, and to receive written notice within 24 hours. (p.30)
Can a parent receive prior written notice by email?
Yes - you may choose to receive the following by e-mail:
- prior written notice (notice of recommendation);
- procedural safeguards notice; and
- notices related to a due process complaint (p.2)
Is consent required for an evaluation given to all children?
No - consent is not required, unless before the evaluation, consent is required from all parents of all children. (p.5)
What information must a state complaint include?
A statement that a school district has violated a requirement of Part B of IDEA; the facts on which the statement is based; the signature and contact information for the complainant; and if alleging violations regarding a specific child: the name, address, school of the child, and a proposed resolution of the problem. (p.15)
Who can serve as an impartial hearing officer (IHO)
An IHO must not have a personal or professional interest that conflicts with the hearing officer’s objectivity in the hearing; understand the federal and NYS regulations pertaining to IDEA; and have the knowledge and ability to conduct hearings, and make decisions consistent with appropriate, standard legal practice. (p.23)
What special circumstances allow for the removal of a student up to 45 school days?
If the child has a weapon at school, knowingly has, uses, or sells illegal drugs while at school, or has inflicted serious bodily injury upon another person while at school. (p.33)
Can a parent withdraw consent for services if previously given?
Yes - you may withdraw your consent at any time (p.2-3)
When is a school district required to pay for an independent educational evaluation?
Each time your school district conducts an evaluation with which you disagree. (p.7)
What time limitation exists for making due process complaints?
With some exceptions, the due process complaint must allege a violation that happened not more than two years before you or the school district knew or should have known about the alleged action that forms the basis of the due process complaint. (p.16)
When would a civil action be filed?
When any party does not agree with the due process findings and decision in the State-level review they can bring a civil action with respect to the matter that was the subject of the due process hearing. (p.27)
What is a manifestation determination and when should it occur?
A determination of whether a student's disability was substantially related to a child's disability. It occurs of any decision to change the placement of a child with a disability for more than 10 days because of a violation of a code of student conduct. (p.32)
Does consent for initial evaluation also give consent for special education placement?
Consent for initial evaluation does not mean consent for the school district to start providing special education and related services. (p.3)
What defines “personally identifiable” information?
Information that has: the parent, family member, or child's name; the child's address; a child’s social security number or student number; or a list of personal characteristics that would make it possible to identify the child with reasonable certainty. (p.8)
What does it mean for a due process complaint to be considered “sufficient”?
When the complaint has the content requirements which must include: the name, address, and school of the child; a description of the nature of the problem and a proposed resolution. (p.17)
When, and who, pays for attorneys’ fees
A court may award attorneys’ fees as part of the costs to the prevailing party, if it found an attorney filed a complaint that the court finds is frivolous, unreasonable, or without foundation. (p.28)
Are there any occasions when children without disabilities have the same rights as those eligible for special education?
If a child has not been determined eligible for special education but the school district had knowledge before a behavior that brought disciplinary action the child was a child with a disability, then the child may assert any of the protections described in the procedural safeguards. (p.35)