Policies and Guidelines
PROCEDURAL SAFEGUARDS
Notice of Procedural Safeguards:
What is the Notice of Procedural Safeguards? This information provides you as parents, legal guardians, and surrogate parents of children with disabilities from three (3) years of age through age twenty-one (21) and students who have reached age eighteen (18), the age of majority, with an overview of your educational rights or procedural safeguards. T
he Notice of Procedural Safeguards is required under the Individuals with Disabilities Education Act (in English, referred to as IDEA) and must be provided to you:
• When you ask for a copy
• The first time your child is referred for a special education assessment
• Each time you are given an assessment plan to evaluate your child
• Upon receipt of the first state or due process complaint in a school year, and
• When the decision is made to make a removal that constitutes a change of placement
(20 USC 1415[d]; 34 CFR 300.504; EC 56301[d] [2], EC 56321, and 56341.1[g] [1])
CHILD FIND
Child find activities need to be conducted annually at each school site to help identify children with possible special education needs. One child find activity involves informing the general education staff of the process you have at your school site for referring at-risk children.
Please provide a copy of the memorandum that has been sent to applicable personnel regarding the requirements as related to Child Find in 34 CFR Section 303.321(e), and
EC sections 56205(3) and 56300. Acceptable evidence would include the memorandum with a list of recipient names, titles, and signatures indicating they have reviewed the requirements.
To meet this obligation, you can either hold a staff meeting where your special education specialists provide an overview of the procedures involved or you can give each teacher a copy of your student study team referral process.
DUE PROCESS AND COMPLAINT PROCEDURE
ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCESS OPTIONS
When the parent expresses dissatisfaction with what the district proposes or is providing, the district provides an Alternative Dispute Resolution (ADR) Mediator trained by the SELPA. Once contacted, the ADR Mediator calls both parties to determine what the issues are. Both the district and the parents will have the chance to describe the situation from their point of view, and then the ADR Mediator may suggest that one of the options listed below be tried:
• Phone Mediation - Phone mediation is the first level of response that ADR can employ. Following the identification of the parties’ issues and interests, the ADR Mediator will coordinate communication between the parties and facilitate resolution over the telephone.
• Facilitated IEP/IFSP - The ADR Mediator works with disputing parties to structure the IEP/IFSP and facilitates the meeting. Parents or school staff may request that an ADR Mediator facilitate an IEP/IFSP meeting if a meeting is expected to be complicated. The ADR Mediator uses specific techniques designed to assist the parties in completing the IEP/IFSP while maintaining good relationships.
• Conference-style Mediation - The ADR Mediator organizes, facilitates, and conducts a meeting to resolve the differences between the parent(s) and the school district. During this process, each party has a chance to state his/her position, share concerns, and listen to the other party’s position. The ADR Mediator assist the parties in reaching a mutually agreed-upon resolution.
IF DISTRICT-LEVEL INFORMAL ADR IS NOT SUCCESSFUL
If the issue or issues are not resolved at the District ADR Informal Level, then the next step for resolution would involve filing an official complaint or requesting a Mediation and Due Process Hearing. These processes revolve around the specific issue: either a perceived failure to implement a law (Complaint) or a disagreement between the parents and the education agency regarding a child's assessment, identification, or placement (Request for Mediation and Due Process). While a complaint is filed and then investigated, a request for a Mediation and Due Process Hearing involves another more formal resolution process involving a SELPA level Mediator. Please take a look below for procedures depending on the type of issue.
FILING OF A COMPLAINT
A complaint alleges that there has been a failure to implement a federal or state special education law or regulation by a public education agency. Public education agency means a district, special education local plan area (SELPA), county office, or any public agency providing students special education or related services. The complaint process is available for any child referred, assessed, or identified for special education services.
PERSONS WHO MAY FILE A COMPLAINT
Anyone who believes there has been a violation of special education law or regulations may file a complaint. This includes parents, school staff, organizations, and other interested parties.
REQUIRED INFORMATION IN THE COMPLAINT
The complaint should describe the problem and include all the information needed to support the allegation or complaint.
WHERE TO SEND COMPLAINTS (See form at the end of this section.)