Updated 8/3/05
Summary of Procedural Safeguards
1. Parental Opportunity to Access and Examine Records and Participate in Meetings
Records:
q You may see all of your child’s educational records no later than 45 days after you ask to see them.
q The school will presume that both parents may see your child’s records unless you, as the parent, give the school a court order or other legal document that revokes these rights.
q You have the right to:
q have the records explained to you
q ask for copies, for which the district may charge a fee
q have someone else review the records
q If you believe that any information in your child’s records is wrong, misleading, or violates your child’s privacy, you may ask for a record amendment.
q The school will keep a record of everyone who obtains access to your child’s records. The school does not keep a record of each time the record is accessed by you as the parent, or the school employees who work directly with your child.
Participation in Meetings:
q Included in these Rights is a brief summary of the district’s procedures for determining if you child has a disability and the process used for making decisions about services
q The district will invite you to participate in all ARC meetings about your child.
q The district will notify you early enough to make sure you can attend
q The district will schedule the meeting so that it is held at a mutually agreeable time and place.
q If you cannot attend the ARC meeting, the district will use other methods to make sure you can participate.
q The district will give you a copy of your child’s IEP when you attend the meeting and when you do not attend the meeting.
2. Independent Educational Evaluation
q If you disagree with the district’s evaluation, you may ask for an independent educational evaluation at public expense.
q A qualified examiner who uses the same evaluation criteria used by the district conducts the evaluation.
q If you obtain an independent evaluation at your own expense, the district must consider the results of the evaluation.
3. Prior Written Notice
q At each ARC meeting, the district will give you a copy of your Procedural Safeguards (Parent Rights) informing you of your rights under IDEA before the district proposes, refuses, or changes the identification, evaluation, or placement of your child.
q The district will make sure you get a copy of your rights in your native language, or in the mode of communication you use, unless it’s clearly not feasible to do so.
q The district will make sure you understand your rights.
q The district will give you copies of the documents filled out in the meeting that will tell you what the district is (or is not) going to do for your child. (This is the Conference Summary.)
4. Parental Consent
q This means that you have been informed and you understand everything the district is requesting to do for your child.
q The district will ask you to give your written consent voluntarily, and you may refuse or withdraw your consent at any time.
q The district will ask for your consent before the district evaluates your child, provides access to your child’s educational records, or initially provides services to your child.
q The district will notify you when your child reaches the age of 18 that the rights under IDEA transfer to your child unless you have notified the district that you are your child’s legal guardian.
5. Opportunity To Present and Resolve Complaints
Complaints
q You may file a formal complaint with the Kentucky Department of Education regarding the identification, evaluation, educational placement, or provision of a free appropriate public education to your child.
q Formal complaints result in an investigation and report, and may also result in mediation or a due process hearing.
Mediation
q You and the district may request mediation services to settle differences about the identification, evaluation, educational placement, or provision of a free appropriate public education to your child.
q Mediation is voluntary and cannot be used to deny or delay your right to a due process hearing or other IDEA rights.
q The request for mediation is sent to the Kentucky Department of Education, and they will provide a qualified mediator.
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Due Process Hearing
q You or the district may initiate a due process hearing about anything proposed or refused regarding the identification, evaluation, educational placement, or provision of a free appropriate public education to your child.
q The violation must have occurred not more than three (3) years before you knew or should have known about the alleged action.
q The district will inform you of any free or low cost legal services if you request the information, or if you request a due process hearing.
q The request for a due process hearing is sent to the Kentucky Department of Education, and they will provide a qualified hearing officer.
q If you or the district disagrees with the decision of the hearing officer, either party may appeal to the Exceptional Children Appeals Board.
6. The Child’s Placement During Pendency Of Due Process Proceedings (Stay Put)
q If your child is involved in any administrative (hearing or appeal) or judicial (court) proceeding, your child remains in his/her placement unless you and the district agree otherwise.
7. Procedures For Students Who Are Subject To Placement In an Interim Alternative Educational Setting
q Your child may be removed from their current educational placement to an appropriate interim alternative educational setting, another setting or suspension for not more than 10 consecutive school days during a school year.
q If your child is removed from their current educational placement for more than 10 consecutive school days, the district must provide services.
q If your child violates the Student Code of Conduct and the behavior is not related to his/her disability, the district may apply the same disciplinary procedures as are applied to students without disabilities.
q Your child may be placed in an interim alternative educational setting for up to forty-five (45) days if your child:
q Carries a weapon to school or a school function;
q Knowingly possesses, uses, sells, or solicits the sale of illegal drugs while at school or a school function;
q Inflicts serious bodily injury on another person while at school, on school premises, or at a school function; or
q Is in a placement that is substantially likely to result in injury to your child or others.
q If your child is removed from their current educational placement, the ARC will meet to review your child’s IEP and placement.
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Protections for Children Not Yet Eligible for Special Education and Related Services
q If your child has not been determined eligible for special education and related services and violates the Student Code of Conduct, you may assert protections under the IDEA if the district has knowledge that your child was a child with a disability before the behavior occurred.
q If the district does not have knowledge that your child is a child with a disability before taking disciplinary action, your child will be subject to the same disciplinary action as those applied to children without disabilities.
q If a request is made to evaluate your child during the time the disciplinary procedures are applied, the district will expedite the evaluation and your child will remain in an educational placement determined by school personnel pending the evaluation results.
8. Requirements When Parents Unilaterally Place Children In Private Schools
q The district will identify and evaluate children who live in the school district and attend private schools.
q If the district places your child in a private school, it will be at no cost to you.
q The district is not required to pay for the cost of a private school education if a free appropriate public education was made available to your child and you decide to place your child in a private school.
q If you and the district disagree about the availability of a free appropriate public education, you may request mediation or a due process hearing.
9. Civil Actions, Including the Time Period in Which to File Such Actions
q If you or the district disagrees with the decision of the Appeals Board, either party may bring action in a State or Federal District Court.
10. Attorney Fees
q If you win in a due process hearing, appeal, or at Court, the District Courts of the United States may award reasonable attorneys’ fees to you.
q If the district wins at a due process hearing, appeal, or at court, and the court finds that the complaint or subsequent cause of action is frivolous, unreasonable, without foundation, for improper purpose, to cause unnecessary delay, or to increase the costs of litigation, the court may award attorneys’ fees to the district.