Upon receiving a written notice from the parent that he/she is revoking consent for special education and related services for his/her child, the Charter LEA should provide a written response to the parent no more than 10 days from receipt of the parent’s letter. The Charter LEA letter should contain the following in order to meet requirements for PWN: • Date services will end (it is recommended that special education and related services cease 10 school days from the date of the Charter LEA’s PWN/letter to the parent); • List of services (i.e., placement, accommodations, modifications, and/or supports, including behavioral supports) the child will no longer receive; • Date the child will be placed in general education (include a description of the general education placement and services to which the child will have access); • Information that the child will no longer be entitled to special education and related services and the protections under the IDEA and related provisions in the California Education Code; • Inf ormation that the child’s disability will not be taken into consideration when determining appropriate disciplinary action, nor will the child be entitled to the IDEA’s discipline protections; • Information that if the parent later decides to have his/her child receive special education and related services, that he/she should contact the Charter LEA office. Inform the parent that this request will be treated as a request for an initial evaluation; • A copy of the Charter SELPA Procedural Safeguards/Parent Rights (D/M 77) together with the PWN; and
• Contact information for the Charter LEA office and the CDE.
The Charter LEA should document this action by sending the PWN to the parent(s) by both U.S. Mail and Certified Mail, Return Receipt Requested.
Section B – Informal Process/Alternative Dispute Resolution (ADR) Before requesting a due process hearing, the LEA staff and the parent agree to meet informally to resolve any issue(s) using an alternative dispute resolution meeting for concerns relating to the identification, assessment, or education and placement of a child with a disability.
Section C – Mediation Only
In addition, either party may file a request with the Office of Administrative Hearings (OAH) for a mediation only conference to be conducted by a person under contract with the OAH. Based on the mediation conference, the Charter LEA may resolve the issue(s) in a manner that is consistent with state and federal laws and is to the satisfaction of both parties ( Education Code § 56500.3 ).
Chapter 4 – Procedural Safeguards, Charter SELPA
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As of 11/18/2016
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