Policy – Category 1000 (Community Relations) BP 1001 – Procedural Safeguards
Complaints concerning compliance with state or federal law regarding special education shall be addressed in accordance with the Charter LEA’s uniform complaint procedures. NOTE: In California, due process hearings required by the federal Individuals with Disabilities Education Act (IDEA) ( Title 20 of the United States Code § 1400-1482 ) are held only at the state level. Related rights and procedures are set forth in Education Code §§ 56501-56506 and Title 5 of the California Code of Regulations §§ 3080-3089 . Note that in cases where state law provides greater protections, state law supersedes federal law. Pursuant to Education Code § 56501 , due process hearing rights extend to the child only if he/she is an emancipated child or a ward or dependent of the court with no available parent or surrogate parent. See Appendix C – Surrogate Parents in California Handbook produced by the California Department of Education (CDE). 2.0 Procedural Safeguards The law requires that LEAs establish procedures to protect the rights of individuals with exceptional needs and their parents or guardians. These procedures are called procedural safeguards. Parents have a right to receive a written copy of the Desert Mountain Charter Special Education Local Plan Area (DMCS) procedural safeguards (D/M 77). These are provided when 1) the child is being referred for an evaluation for special education services for the first time; 2) a written notice of an IEP meeting is sent to the parent; 3) before the child is reassessed; 4) the parent registers a complaint or requests for a mediation or hearing with the CDE; 5) when a decision is made to remove a child in a change of placement because of a violation of a code of student conduct; or 6) anytime they are requested by the parent. Parents are afforded these rights through the processes of assessment, as well as under the design and implementation of their child’s individualized education program (IEP). Definitions of terms used in the document are included in order to assist parents with further understanding of their rights. The written copy of the parents’ rights is provided in the parent’s native language, unless it is clearly not feasible, or in their primary mode of communication if their language is not written. This notice shall include information on the procedures for requesting an informal meeting; alternative dispute resolution conference; mediation conference; due process hearing; the timelines for completing each process; whether the process is optional; the type of representative who may be invited to participate; and the right of the parent and/or the Charter LEA to audio record the proceedings of IEP meetings in accordance with Education Code § 56341 . A copy of this notice shall be attached to the child’s assessment plan (D/M 67) and IEP meeting ( Title 20 of the United States Code § 1415(d)(2); Education Code §§ 56321 and 56321.5 ). In addition, this notice shall include a full explanation of the procedural safeguards relating to independent educational evaluation (IEE); prior written notice (PWN);
BP 1001 – Procedural Safeguards
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
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