Policy – Category 1000 (Community Relations) BP 1001 – Procedural Safeguards
A parent, the Charter LEA, and/or a child who is emancipated, a ward, or dependent of the court may initiate due process hearing procedures whenever ( Title 20 of the United States Code § 1415(b); Education Code § 56501 ): • There is a proposal to initiate or change the identification, assessment, or educational placement of the child or the provision of FAPE to the child; • There is a refusal to initiate or change the identification, assessment, or educational placement of the child or the provision of FAPE to the child; • The parent refuses to consent to an assessment of his/her child; or • There is a disagreement between a parent and the Charter LEA regarding the availability of a program appropriate for the child, including the question of financial responsibility, as specified in Title 34 of the Code of Federal Regulations § 300.403(b) . NOTE: Pursuant to Title 20 of the United States Code § 1415(b) , as amended by P.L. 108-446, effective July 1, 2005, and Title 34 of the Code of Federal Regulations § 300.507 , the Charter LEA is mandated to adopt procedures (1) requiring either party (the Charter LEA or the parent/guardian) or their attorney to provide notice of the request for a due process hearing to the other party, and (2) containing the requirement that the party may not have a due process hearing until the notice specified in items #1-3 below has been filed. The CDE is required to develop a model form to assist parents in filing a complaint and due process complaint notice. Parties requesting a due process hearing shall file their request with the OAH which is the designated contracted agency and provide a copy of the request, at the same time, to the other party ( Education Code § 56502 ). The complaint must include: 1. The name of the child, the child’s address, and the name of the school the child is attending; 2. A description of the nature of the problem of the child relating to such proposed initiation or change concerning the identification, evaluation, or educational placement of the child or the provision of FAPE, including facts relating to such problem; and 3. A proposed resolution of the problem to the extent known and available to the party at the time ( Title 34 of the Code of Federal Regulations § 300.508(b) ).
BP 1001 – Procedural Safeguards
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
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