Policy – Category 1000 (Community Relations)
BP 1001 – Procedural Safeguards
2. Request for Independent Educational Evaluation (IEE)
3. Parental request for a change to the IEP
4. Parental unilateral placement of a student outside the public school district and a request for reimbursement
5. A change in placement
6. A change in location resulting in a change of placement
7. A change in a service provider
8. Parent revocation of consent for special education services
9. Student exits from special education
a. Graduation
b. No longer eligible
The elements of PWN may be included in the IEP notes during an IEP meeting. A separate PWN document is not required when the PWN elements are included in the IEP.
4.0
Due Process Procedures
Due process, under the IDEA, is the main vehicle for resolving disputes between parents of children with disabilities and LEAs concerning identification, evaluation, placement or provision of FAPE. 34 C.F.R. § 300.511 The IDEA requires the opportunity for a parent or a public agency to present a complaint with respect to any matter relating to the identification, evaluation, or educational placement or provision of FAPE. 34 C.F.R. § 300.507(a)
A child who has reached the age of majority may file a due process complaint in his/her own name.
Under the 2006 regulation at 34 C.F.R. § 300.511(e) , a party must file a due process complaint within two years of the date it knew or should have known about the alleged action that forms the basis of the complaint. The party initiating the due process complaint must provide a copy of the complaint to the other as well as the Office of Administrative Hearings (OAH). The complaint must include the following:
BP 1001 – Procedural Safeguards
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 03/13)
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