DMSELPA Policies and Procedures

Appendix D: Frequently Asked Questions (FAQs)

Mediation and Due Process

There are a number of court decisions that interpret the statutes and regulations. These court decisions can also be found at a county law library.

20. Question: What if a party doesn’t like the decision of the hearing officer?

Answer: All parties have the right to appeal any hearing decision to a court of competent jurisdiction within 90 days of the receipt of the decision. Appeals can be made to either state or federal court. The hearing officer’s decision is the final administrative determination and is binding on all parties unless a party successfully appeals to a court.

Additional Rights of Parents in Relation to Special Education

There are a number of important rights that parents have in relation to special education. Below are listed some of the most important ones:

• The right to initiate a referral to special education. A parent has the right to request that a child be assessed and considered for special education services.

• Right to an independent assessment. If a parent disagrees with an assessment that has been obtained by the school, the parent has the right to obtain, at public expense, one independent educational assessment of the student from qualified specialists for each LEA assessment the parent refutes. However, if the hearing officer determines that the school’s assessment is appropriate, the parent’s independent assessment will be considered but will not be paid for by the school (see Chapter 25 on Independent Educational Evaluations). • Right to information about and par ticipation in the development of the child’s Individualized Education Program (IEP). The law provides that parents have the right to participate in the development of a child’s individualized education program. The law further requires the school to inform parents of their child’s right to a free appropriate public education and to provide information concerning all available alternative programs, both public and nonpublic. • Consent of parents to perform assessment. California law provides that written parental consent must be obtained before an initial assessment of a child is conducted unless the school prevails in a due process hearing relating to such assessment. • Consent of parents before placement in special education. The law provides that written parental consent must be obtained before a student is placed in a special education program.

BP 1001 – Procedural Safeguards

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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 03/13)

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