Your Family’s Special Education Rights

1 VIRGINIA DEPARTMENT OF Education . DIVISION OF Special Education AND STUDENT SERVICES. Your Family's Special Education Rights VIRGINIA procedural safeguards NOTICE. Special Education procedural safeguards REQUIREMENTS. Revised September 2013. This document amends the October 2012 procedural safeguards Document of the Virginia Department of Education (VDOE). The revisions reflect the mandates as found in the: Individuals with Disabilities Education Improvement Act of 2004 (IDEA; 108-446; 20. USC 1400 et seq.) Issued December 3, 2004; effective July 1, 2005. Federal Regulations implementing IDEA. 34 CFR Part 300.

2 Issued August 14, 2006; effective October 13, 2006. Additional federal IDEA regulations; 34 CFR Part 300; Federal Register, Vol. 73, No. 231. Issued December 1, 2008; effective December 31, 2008. Additional federal IDEA regulations: 34 CFR Part 300; Federal Register, Vol. 78, No. 31. Issued February 14, 2013; effective March 18, 2013. Regulations Governing Special Education Programs for Children with Disabilities in Virginia (Virginia Regulations). 8 VAC 20-81-10 et seq. Issued and effective July 7, 2009. This document conforms to the Department of Education 's Model procedural safeguards Notice (June 2009 revised) and includes specific Virginia requirements that must be included in this Notice.

3 Additional information about Special Education and these procedural safeguards is available by contacting the local director of Special Education or school principal, your local school division's Parent Resource Center, the Parent Educational Advocacy Training Center (PEATC), or VDOE's Office of Dispute Resolution and Administrative Services, 804-225-2013. This document is also available at: Toll free voice: 800-422-2083. Toll free TDD: 800-422-1098. TABLE OF CONTENTS. General 1. What are the procedural safeguards .. 1. Overview: What are Some of the Important Special Education Terms .. 1. Prior Written Notice.

4 2. Native Language .. 3. Electronic 3. Audio and Video Recording .. 3. Parental Consent-Definition .. 4. Parental Consent .. 5. Independent Educational Evaluation .. 9. Confidentiality of Information .. 10. Definitions .. 11. Personally Identifiable Information .. 11. Notice to Parents .. 11. Access Rights .. 12. Record of Access .. 12. Records on More Than One Child .. 13. List of Types and Locations of Information .. 13. Fees .. 13. Amendment of Records at Parent's Request .. 13. Opportunity for a Hearing .. 13. Hearing Procedures .. 14. Result of Hearing .. 14. Consent for Disclosure of Personally Identifiable Information.

5 14. 15. Destruction of Information .. 15. Alternative Dispute Resolution .. 16. Mediation .. 16. State Complaint Resolution 17. Difference Between Due Process Hearing and State Complaint Procedures .. 17. Adoption of VDOE Complaint Resolution Procedures .. 18. Minimum VDOE Complaint Resolution Procedures .. 18. Filing a Complaint .. 19. i Due Process Procedures .. 20. Filing a Request for a Due Process Hearing .. 20. Request for Due Process .. 21. Model Forms .. 23. The Child's Placement While the Hearing is Pending .. 23. Resolution Process .. 24. Impartial Due Process 26. Hearing Rights .. 27. Hearing Decisions.

6 28. Timelines and Convenience of Hearings and Reviews .. 29. Civil Actions, Including the Time Period in which to File Those Actions .. 29. Attorneys' Fees .. 30. Procedures When Disciplining Children with 31. Authority of School Personnel .. 32. Change in Placement Because of Disciplinary Removals .. 35. Determination of Setting .. 35. Appeal .. 36. Placement During Appeals .. 37. Protections for Children Not Yet Eligible for Special Education and Related Services .. 37. Referral To and Action By Law Enforcement and Judicial Authorities .. 38. Requirements for Unilateral Placement by Parents of Children in Private Schools at Public Expense.

7 38. 38. Notice of Parental Rights Concerning the Use of Public Benefits or Insurance . 40. ii GENERAL INFORMATION 1. INTRODUCTION: WHAT ARE THE procedural safeguards ? "Your Family's Special Education Rights " identifies key parts of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA), a federal law governing the Education of students with disabilities. IDEA 2004 requires that families be informed of their Special Education Rights , including how families and schools can resolve problems. If you have questions or want to learn more about how Special Education works, please contact VDOE's Parent Ombudsman at 804-371- 7420, your local director of Special Education , your local Parent Resource Center, or the Parent Educational Advocacy Training Center at 1-800-869-6782 or e-mail: OVERVIEW : WHAT ARE SOME OF THE IMPORTANT Special Education TERMS?

8 IDEA says that each student that a school identifies as having a disability and who needs Special Education and related services to benefit from their Education is entitled to a Free Appropriate Public Education (FAPE). FAPE must be provided in the Least Restrictive Environment (LRE). This means that as much as possible, given the educational needs of a child, each child with a disability will attend class and participate in other activities with children without disabilities. The plan for how to provide FAPE to each student is developed each year, and it is called the Individualized Education Program (IEP).

9 IEPs are written by the child's IEP Team, which includes the parent(s). Parents have "consent Rights ," which means you must approve certain actions before the school can act. Families must receive regular progress reports about their children's progress toward reaching IEP goals. IEPs include, in part, the following: A present level of academic achievement and functional performance, Statement of the specialized aids and services to be provided, Annual goals stated in measurable terms, An explanation of the amount of time when the child will not be participating in regular Education classes, A list of accommodations necessary for classes and testing, and A plan for how the child will participate in the state's accountability system, including SOL.

10 Tests. _____. 1. The Section of the IDEA that covers the provisions in this document is known as Part B. Hereinafter in this document, IDEA will be identified as IDEA, without the identifying section Part, unless needed for clarity. Virginia's Regulations governing Special Education are identified in this document as Virginia Regulations. PRIOR WRITTEN NOTICE. You have the right to be given written information about the school division's actions which involve your child's educational needs. The information will assist you in providing informed consent for educational decisions. Notice Your school division must give you written notice (provide you certain information in writing), whenever it: 1.