(1) Upon initial referral for evaluation;
(2) Upon each notification of an IEP meeting;
(3) Upon reevaluation of the child;
(4) Upon receipt of the first state complaint;
(5) Upon receipt of the first due process complaint;
(6) In accordance with discipline procedures; and
(7) Upon a request by a parent.
The notice of procedural safeguards shall be available in the primary language of parents whose primary language is not English, unless to do so is clearly not feasible. The written notice shall be in language easily understood by the general public and shall include the following:
(1) The right to initiate a referral for a child to determine eligibility for special education services;
(2) The right to obtain an independent educational assessment if there is a disagreement with a district assessment; and
(3) The right to participate in the development of the IEP and to be informed of the availability of free appropriate public education and of all available alternative programs, both public and nonpublic.
Planning for the needs of non-English speaking parents shall include access to interpreters and translators, unless to do so clearly is not feasible.
Section A – Procedural Safeguards
E.C. 56500.1 . (a) All procedural safeguards under the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 and following) shall be established and maintained by each noneducational and educational agency that provides education, related services, or both, to children who are individuals with exceptional needs. (b) At each individualized education program meeting, the public education agency responsible for convening the meeting shall inform the parent and pupil of the federal and state procedural safeguards that were provided in the notice of parent rights pursuant to Section 56321.
E.C. 56028. (a) “Parent” means any of the following: (1) A biological or adoptive parent of a child.
(2) A foster parent if the authority of the biological or adoptive parents to make educational decisions on the child’s behalf specifically has been limited by
Chapter 7 – Procedural Safeguards, Desert/Mountain SELPA
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As of 03/15/2013
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