Procedural Safeguards - OSPI

1 Notice of Special Education Procedural Safeguards for Students and Their Families 2022 Page | 2 NOTICE OF SPECIAL EDUCATION Procedural Safeguards FOR STUDENTS AND THEIR FAMILIES Requirements under Part B of the Individuals with Disabilities Education Act, the Federal Regulations, and the State Rules Governing Special Education March 2022 Glenna Gallo, , Assistant Superintendent of Special Education Prepared by: Special Education | 360-725-6075 Page | 3 TABLE OF CONTENTS General Information .. 6 Procedural Safeguards Notice.

2 6 Prior Written Notice .. 6 Native Language .. 7 Electronic Mail .. 8 Parental Consent Definition .. 8 Parental Consent Requirements .. 8 Consent for Initial Evaluation .. 8 Special Rule for Initial Evaluation of Wards of the State .. 9 Parental Consent for Initial Services and Revocation of Consent for Continued Services .. 9 Parental Consent for Reevaluations .. 10 Documentation of Reasonable Efforts to Obtain Parental 10 Other Consent 11 Independent Educational Evaluations .. 11 Definitions .. 11 Parent Right to an IEE at Public Expense.

3 11 Parent-Initiated 12 Requests for Evaluations by Administrative Law Judges (ALJ) .. 12 District Criteria .. 12 Confidentiality of Information Definitions .. 12 Personally Identifiable .. 13 Notice to 13 Access Rights .. 13 Record of Access .. 14 Records on More Than One Child .. 14 List of Types and Locations of Information .. 14 Fees .. 14 Amendment of Records at Parent s Request .. 14 Opportunity for a Hearing, Hearing Procedures, and Results of the Hearing .. 15 Consent for Disclosure of Personally Identifiable Information.

4 15 Safeguards for Personally Identifiable Information .. 16 Destruction, Retention, and Storage of Information .. 16 Special Education Dispute Resolution Procedures .. 16 Mediation .. 16 General .. 16 Impartiality of Mediator .. 17 Agreements Reached in Mediation .. 17 Differences Between Special Education Community Complaint Investigations and Due Process Hearings .. 17 Community Complaint Procedures .. 18 Filing a Complaint .. 18 Complaint Investigations .. 19 Page | 4 Investigation, Extension, Written Decision.

5 19 Complaint Remedies .. 19 Special Education Community Complaints and Due Process Hearings .. 19 Due Process Hearing Procedures .. 20 General .. 20 Filing .. 20 Notice Required Before a Hearing on a Due Process Hearing Request .. 20 Sufficiency of a Hearing Request .. 20 Amendment of a Hearing Request .. 21 District Response to a Due Process Hearing Request .. 21 Other Party s Response to a Due Process Hearing Request .. 21 Model Forms .. 21 Student Placement While the Due Process Hearing is Pending .. 22 Resolution Process.

6 22 Resolution Meeting .. 22 Resolution Period .. 23 Adjustments to the 30-Calendar-Day Resolution Period .. 23 Written Settlement Agreement .. 24 Agreement Review Period .. 24 Impartial Due Process Hearing .. 24 General .. 24 Administrative Law Judge (ALJ) .. 24 Subject Matter of Due Process Hearing .. 25 Timeline for Requesting a Hearing .. 25 Exceptions to the Timeline .. 25 Hearing Rights .. 25 General .. 25 Additional Disclosure of Information .. 25 Parental Rights at Hearings .. 26 Timelines and Convenience of Hearings.

7 26 Hearing Decisions .. 26 Decision of ALJ .. 26 Construction Clause .. 26 Separate Request for a Due Process Hearing .. 26 Findings and Decision to Advisory Panel and General Public .. 27 Finality of Decision; Appeal .. 27 Civil Actions, Including the Time Period in Which to File Those Actions .. 27 General .. 27 Time Limitation .. 27 Additional Procedures .. 27 Rule of Construction .. 27 Attorneys Fees .. 28 General .. 28 Award of 28 Page | 5 Discipline Procedures for Students Eligible for Special Education.

8 29 Authority of School Personnel .. 29 Case-By-Case Determination .. 29 General .. 29 Change of Placement Because of Disciplinary Removals .. 30 Notification .. 30 Services .. 30 Manifestation Determination .. 31 Determination that Behavior Was a Manifestation of the Student's 31 Additional Authority .. 32 Special Circumstances .. 32 Definitions .. 32 Determination of Setting .. 32 Appeal of Placement Decisions and Manifestation Determinations (Due Process Hearing Procedures for Discipline) .. 33 Authority of Administrative Law Judge (ALJ).

9 33 Placement During Due Process Expedited Hearings .. 34 Protections for Students Not Yet Eligible for Special Education and Related Services .. 34 General .. 34 Basis of Knowledge for Disciplinary Matters .. 34 Exception .. 34 Conditions That Apply if There is No Basis of Knowledge .. 34 Referral to and Action by Law Enforcement and Judicial Authorities .. 35 Transmittal of Records .. 35 Requirements for Unilateral Placement by parents of Students in Private Schools at Public Expense When FAPE is at Issue .. 35 Reimbursement for Private School Placement.

10 35 Limitation on Reimbursement .. 36 Resources .. 37 Legal Notice .. 37 Page | 6 GENERAL INFORMATION The Individuals with Disabilities Education Act (IDEA) of 2004, concerning the education of students with disabilities, requires schools to provide you, the parents of a student with a disability, or suspected disability, with a notice containing a full explanation of the rights available to you under IDEA and the Department of Education Code of Federal Regulations (CFR). The Office of Superintendent of Public Instruction (OSPI) oversees state rules governing the provision of special education.