Appendix D: Frequently Asked Questions (FAQs) Mediation and Due Process
state or federal court. The hearing officer’s decision is the final administrative determination and is binding on all parties unless a party successfully appeals to a court. Additional Rights of Parents in Relation to Special Education There are a number of important rights that parents have in relation to special education. Below are listed some of the most important ones: • The right to initiate a referral to special education. A parent has the right to request that a child be assessed and considered for special education services. • 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.
BP 1001 – Procedural Safeguards
Page 52
Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
Made with FlippingBook - professional solution for displaying marketing and sales documents online