Policy – Category 1000 (Community Relations)
BP 1001 – Procedural Safeguards
A party has the right to appeal the decision to a state or federal court of competent jurisdiction within 90 days of the receipt of the decision, but no later. The hearing is recorded and either party may request a written verbatim transcript of the hearing.
4.1
Stay Put
The stay-put, or status quo, provision of the IDEA acts as an automatic preliminary injunction, preventing a party from unilaterally changing the student’s program or placement pending the resolution of the due process complaint or judicial action concerning the student’s program or placement. Stay -put is only in effect during due process. 34 C.F.R § 300.518(a)
4.2
Due Process Complaints and General Liability
The LEA has the primary responsibility for ensuring that a free appropriate public education (FAPE) is available to students in the LEA who are eligible for special education. The DMSELPA holds no jurisdiction, financially or decision making, over any due process complaints filed against its member LEAs. If named as an individual in a due process complaint filing, the member LEAs agree to dismiss the DMSELPA as a named participant and shall inform other parties of the DMSELPA role and responsibilities in terms of liability and due process filings.
BP 1001 – Procedural Safeguards
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 03/13)
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