511 IAC 7-37-1 - Notice of procedural safeguards
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 1.
(a) The
public agency shall establish, maintain, and implement procedures in accordance
with this section to ensure that students with disabilities and their parents
are afforded procedural safeguards with respect to the provision of a free
appropriate public education by the agency.
(b) The written notice of procedural
safeguards shall be:
(1) a standard
notice;
(2) written in language
understandable to the general public;
(3) provided in the:
(A) native language; or
(B) other mode of communication;
used by the parent unless it clearly is not feasible to do so; and
(4)
printed in a format that is easy to read.
(c) When the native language or other mode of
communication of the parent is not a written language, the public agency shall
take steps to ensure the following:
(1) The
procedural safeguards are translated orally or by other means to the parent in
his or her native language or other mode of communication.
(2) The parent understands the content of the
notice.
(3) There is written
documentation that the requirements of this subsection are met.
(d) A copy of the notice of
procedural safeguards shall be given to the parent of a student with a
disability one (1) time a school year, except that a copy also must be given to
the parent upon:
(1) initial referral or
parental request for evaluation;
(2) receipt of the first filing of a
complaint under
511 IAC 7-45-1 in a school
year;
(3) receipt of the first due
process hearing request under
511 IAC 7-45-3 in a school
year;
(4) the date the public
agency decides to make a removal that results in a disciplinary change of
placement under 511 IAC 744-2, which includes removals to interim alternative
education settings for:
(A)
weapons;
(B) drugs; and
(C) serious bodily injury;
under 511 IAC 7-44-6; and
(5) request by a
parent.
(e) A public
agency may place a copy of the notice of procedural safeguards on its Internet
website if a website exists. However, such posting does not satisfy the
requirement of providing the notice of procedural safeguards to a
parent.
(f) The written notice of
procedural safeguards must include a full explanation of the following:
(1) The parent's right to receive written
notice before the public agency proposes to initiate or change, or refuses to
initiate or change, the:
(A) identification,
evaluation, or educational placement of the student; or
(B) provision of a free appropriate public
education to the student;
as required in 511 IAC 7-40-4, 511 IAC 7-40-8, 511 IAC 7-42-4, and 511 IAC 7-42-7.
(2) The prerequisite of written
parental consent, as defined in
511 IAC 7-32-17, for the
following:
(A) An initial evaluation, as
required in
511 IAC
7-40-4(h).
(B) A reevaluation, as required in
511 IAC
7-40-8(i), unless the parent fails to
respond to a public agency's reasonable efforts to obtain consent as described
in 511 IAC
7-40-8(k).
(C) Initial special education services, as
required in
511 IAC
7-42-7(f).
(D) A public agency's access to a student's
public benefits or insurance programs or private insurance proceeds, as
required in
511 IAC 7-33-4.
(E) The release of a student's educational
records, in accordance with
511 IAC
7-38-1(q)(1), to officials of
participating agencies providing or paying for transition services under and in
accordance with
511 IAC 7-43-3.
(F) The exchange of educational records, in
accordance with
511 IAC
7-38-1(q)(2), regarding a
parentally-placed nonpublic school student, between officials of the public
agency where the nonpublic school is located and the school district of legal
settlement, as required in
511 IAC 7-34.
(G) The public agency inviting, under
511 IAC
7-42-3(d), a representative of any
participating agency (other than the public agency) likely to be responsible
for providing or paying for transition services.
(H) An excusal, under
511 IAC
7-42-3(h), of a CCC member described
in 511 IAC 7-42-3(b)(1)
through
511 IAC
7-42-3(b)(4), from a CCC meeting, in
whole or in part, when the meeting involves a modification to or discussion of
the member's area of the curriculum or related services.
(3) The parent's right to the following:
(A) To participate as a member of the CCC and
the requirements of
511 IAC 7-42-5 and
511 IAC 7-42-6.
(B) To request a CCC meeting, under
511 IAC
7-42-5(a)(3), if he or she believes
that a required component of the IEP should be changed to ensure the provision
of a free appropriate public education.
(C) To request one (1) or both of the
following in accordance with
511 IAC
7-40-5(h):
(i) A copy of the initial educational
evaluation report, at no cost to the parent, prior to the CCC
meeting.
(ii) A meeting with an
individual who can explain the results of the educational evaluation prior to
the CCC meeting.
(D) To
request a reevaluation as described in
511 IAC 7-40-8.
(E) To obtain an independent educational
evaluation as described in
511 IAC 7-40-7, including the
following:
(i) The right to have the results
of the independent educational evaluation considered by the CCC or the
independent hearing officer in a due process hearing.
(ii) The circumstances under which an
independent educational evaluation may be obtained at public expense.
(iii) The criteria that must be met when an
independent educational evaluation is conducted at public expense.
(4) The parent's rights
with regard to the student's educational record as described in
511 IAC 7-38, including the
following:
(A) Accessing the
record.
(B) Inspecting and
reviewing the record.
(C)
Challenging information in the record.
(D) Amending information in the
record.
(E) The consent required
for disclosure, use, and destruction of records under
511 IAC 7-38-1.
(F) Any fees associated with copying the
record.
(5) The transfer
of rights to the student at eighteen (18) years of age under
511 IAC 7-43-5, unless a guardian
or an educational representative has been appointed for the student.
(6) The availability of mediation and the
mediation process under
511 IAC 7-45-2.
(7) The right of the parent, or any
interested party, to file a complaint in accordance with
511 IAC 7-45-1.
(8) The parent's right to request a due
process hearing, in accordance with
511 IAC 7-45-3, to challenge the
public agency's proposed or refused action regarding a student with a
disability.
(9) The difference
between a complaint and due process hearing request, including the following:
(A) The jurisdiction of each procedure,
including what issues may be raised under each procedure.
(B) The allowable time period in which to
file a:
(i) complaint; or
(ii) due process hearing request.
(C) The opportunity for the public
agency to resolve a:
(i) complaint;
or
(ii) a parent's request for a
due process hearing.
(D)
The filing procedures for:
(i) complaints;
and
(ii) requests for due
process.
(E) The
decisional timelines for:
(i) complaints;
and
(ii) due process
hearings.
(10) The student's placement during the
pendency of any due process hearing in accordance with
511 IAC 7-44-8 and
511 IAC
7-45-7(u).
(11) Due process hearings, including
requirements for disclosure of evaluation results and recommendations, as
described in
511 IAC 7-45-7.
(12) Civil action, including the time period
in which to file a civil action, as described in
511 IAC 7-45-9.
(13) Attorney's fees, as described in
511 IAC 7-45-11.
(14) The requirements under
511 IAC 7-34-10 for a parent's
unilateral placement of a student with a disability in a nonpublic school at
public expense.
(15) The
protections and procedures for students who are subject to the following:
(A) Disciplinary changes of placement under
511 IAC 7-44-2, which includes
manifestation determinations under
511 IAC 7-44-5.
(B) Placement in an interim alternative
educational setting as described in
511 IAC 7-44-6 and
511 IAC 7-44-7.
(16) The protections for students
who have not been determined eligible for special education and related
services under
511 IAC 7-44-9.
(17) Reporting of crimes allegedly committed
by students to appropriate authorities as described in
511 IAC 7-38-1(o)
and
511 IAC 7-44-10.
(18) The names and addresses of agencies and
organizations, including the public agency, that provide assistance to parents
in understanding this article.
Notes
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