Due Process and Procedural Safeguards
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School
Florida International University *
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Course
3012
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
4
Uploaded by cassiemsanchezz
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Sanchez, Cassandra Florida International University
Due Process and Procedural Safeguards Cassandra Sanchez EEX 3012: Educational Needs of Students with Exceptionalities
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Sanchez, Cassandra Dr. Rosalia F. Gallo
Develop a list of ten items that teachers of students with disabilities need to know about parents rights and explain. -
Parents have to give consent in order to conduct an evaluation or the child is not allowed to be evaluated, as stated under Part B of IDEA to receive any sort of special education services. (Page 2)
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The school district doesn't need parental agreement for an initial assessment to establish if a child has a handicap if the kid is a property of the government and not residing with either of their parents. If the parent of the child isn't accessible despite the school district's
best efforts, the parent's rights have been revoked in line with State law or someone besides the parents has been given the authority by a judge to make academic choices, and that person has given permission for an initial review. (Page 3)
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Before beginning to provide your kid special education and associated services, your school district must have your informed permission.
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Before offering your kid special education and associated services for the first time, the school district must make a reasonable attempt to get your informed permission. (Page 3)
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Unless the school system can show that it made reasonable measures to get your consent for your kid's reevaluation and you didn't reply, it must get your informed consent before reevaluating your child. The school district may, but is not obligated to, pursue your child's reevaluation if you refuse to agree to it through the mediation, due process complaint, resolution meeting, and impartial due process hearing processes to try to override your objection. If your school district chooses not to proceed with the reevaluation in this way, it does not breach its commitments under Part B of the IDEA, as
it did with initial assessments. (Page 4)
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In order to adequately inform parents about the confidentiality of individually identifiable
information, the State Educational Agency has to offer notice that is appropriate, including An explanation of the degree that requires warning is offered in the languages spoken by the State's various demographics, as well as An overview of the kids whose personal information is retained, the types of data sought, the methods the state plans to employ in obtaining the data and the purposes for which the data will be used. (Page 6)
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Sanchez, Cassandra -
Parent approval is required before personally identifiable information is given to anyone other than officials of participating agencies, unless the data is found in educational records and the sharing is permitted without parental agreement under FERPA. Permission is not necessary before officials of participating agencies get your personally identifiable information in order to ensure that they comply with a requirement of Part B of the IDEA, given the possible exception of the conditions listed. (Page 8)
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When a parent requests the information, or if you or the school district submit a due process complaint, the district is required to let the parent know about any free or inexpensive legal assistance and other pertinent services that could be offered nearby. (Page 12)
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The school district can establish guidelines which provide parents and schools that opt not to participate in mediation an option to meet with an impartial third party at a date and time which works for you and who would clarify the pros and cons of the mediation process to you and promote its use. Plus, who currently has a contract with a suitable replacement resolution, or a parent educational and information center, or a local family support center in the State. (Page 14)
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The school district is required to hold a meeting with the parent and any relevant IEP Team members who have close knowledge of the events detailed in your due process complaint within 15 calendar days of receiving notice of your complaint and before the due process hearing starts. An attorney for the school district may not attend the meeting unless you are accompanied by an attorney, and the meeting must include a representative of the school district with decision-making power. (Page 14)
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You or the school district have the ability to file a civil lawsuit in relation to the topic that was the focus of the due process hearing if you disagree with the results and judgment in the proceeding, which incorporates one concerning administrative proceedings. Regardless of the amount in controversy, the lawsuit may be filed in an appellate court of the United States or a State court of appropriate jurisdiction. (Page 19)
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Sanchez, Cassandra Develop a list of five items you would tell teachers-in-training about due process hearings. -
The school district is obligated to schedule a meeting with you as well as any relevant IEP Team members who have direct knowledge of the circumstances explained in your due process complaint within fifteen days of the date after receiving notice of the issue and prior to the due process hearing begins. (Page 14)
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The meeting's objective is to allow you to address your due process complaints and the supporting documentation so that the school district can try to work out the issue. If you and the school district agree in writing to forgo the meeting or if you decide to opt for the
mediation procedure, which is listed under the title Mediation, the resolution meeting is not mandatory. (Page 15)
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The due process review may take place when the school system has not satisfactorily addressed your due process complaint within a month's time of receiving it during the resolution process. (Page 15)
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Being absent from the settlement session will lead to the time frames for the dispute resolution procedure and due process hearing to be prolonged till the next time the meeting is held, unless both you and the school district mutually decide to disregard the resolution process or apply mediation. (page 15)
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The mediation procedure may be extended til a compromise is achieved if both you and the school district agree to the extension through written consent at the end of the 30-day settlement period if you and the district have agreed to utilize the mediation process but are still waiting for a decision. But if throughout this extension period both you or the school district resign from the mediation process, the 45-day clock for the due process hearing commences with the following day. (Page 15)