• Right to an independent assessment. If a parent disagrees with an assessment that has been obtained by the school, the parent has the right to obtain, at public expense, one independent educational assessment of the student from qualified specialists for each LEA assessment the parent refutes. However, if the hearing officer determines that the school’s assessment is appropriate, the parent’s independent assessment will be considered but will not be paid for by the school (see Chapter 25 on Independent Educational Evaluations). • Right to information about and participation in the development of the child’s Individualized Education Program (IEP). The law provides that parents have the right to participate in the development of a child’s individualized education program. The law further requires the school to inform parents of their child’s right to a free appropriate public education and to provide information concerning all available alternative programs, both public and nonpublic. • Consent of parents to perform assessment. California law provides that written parental consent must be obtained before an initial assessment of a child is conducted unless the school prevails in a due process hearing relating to such assessment. • Consent of parents before placement in special education. The law provides that written parental consent must be obtained before a student is placed in a special education program.
If further information is required relative to due process hearing procedures, you may call the Office of Administrative Hearings.
Tips on How to Avoid a Due Process Fair Hearing
• Follow all legal timelines. Waivers for time extension may only be used as an exception.
• Follow SELPA and LEA procedures for assessment and placement.
• Be professional and complete in the quality of your work. Explore all areas of concern and elicit feedback from all staff, parents, and other professionals who have had contact with the student. • Listen to the parents. They know their children well and may or may not be able to articulate their concerns in language that is translated into educational needs. Restate their concerns and explore their solutions. • Be flexible, open, and creative in developing program modifications and in discussing options.
• Keep communication open between staff members and parents.
• Request assistance in the assessment process and placement options from your LEA and SELPA colleagues. Engage in brainstorming and problem solving with peers to generate new ideas.
Chapter 4 – Procedural Safeguards, Charter SELPA
Page 114
As of 11/18/2016
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