Policy – Category 1000 (Community Relations) BP 1001 – Procedural Safeguards
• 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; • Information 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 DMCS 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. 3.0 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. 4.0 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 ). Attorneys may attend or otherwise participate only in those mediation conferences that are scheduled after the filing of a request for due process hearing ( Education Code §§ 56500.3 and 56501 ). This does not apply to mediation only conferences. If either of these processes fails to resolve the issue(s), either party may file for a state- level due process hearing.
BP 1001 – Procedural Safeguards
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
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