Procedural Safeguards

tsilves Thu, 11/07/2013 - 1:13pm

Consent

The district will obtain informed, written parental consent before:

  1. Conducting an initial evaluation;
  2. Providing initial special education and related services to a student; and
  3. Conducting a reevaluation if the reevaluation includes administration of additional assessments.

Parental consent is not required to review existing data as part of an evaluation or reevaluation, or to administer a test or other evaluation that is administered to all students unless consent is required of all students’ parents.

Informed consent means that the parent or adult student:

  1. Has been fully informed of all information that is relevant to the activity for which the district is asking consent, and that the information is provided in his or her native language or other mode of communication;
  2. Understands and agrees in writing to the activity for which consent is sought and the consent describes the activity and lists any records which will be released and to whom; and
  3. Understands that the granting of consent is voluntary and may be revoked at any time. If consent is revoked, the revocation does not negate an action that has occurred after the consent was given and before the consent was revoked.

The district may not use a parent’s refusal to consent to one service or activity to deny the parent or child any other service, benefit or activity of the district.

If the district is unable to obtain a parent’s consent, the district may use mediation procedures to obtain a parent’s consent or request a due process hearing asking the administrative law judge to override the parent’s refusal to consent to an evaluation or reevaluation. The district may not request a due process hearing to override a parent’s refusal to consent to initial special education services. The district may not use mediation or due process procedures to override a parent’s refusal to consent to an evaluation or reevaluation if the student is homeschooled or enrolled in a private school.

Revocation of Consent

If a parent revokes consent after the district has provided special education and related services, the district will not amend the student’s education records to remove any references to the student’s receipt of special education and related services.

Upon receipt of the parent’s written notice of revocation, the district:

  1. Will provide prior written notice before ceasing services;
  2. Stop providing SE and related services after the effective date contained in the district’s prior written notice; and
  3. Will not use mediation or the due process procedure to obtain agreement.

Discontinuation of special education and related services in response to the parent’s written revocation will not be in violation of FAPE and eliminates the district’s requirement to convene an IEP meeting or develop an IEP.

A.  Notice of Procedural Safeguards

The school district will provide a copy of the procedural safeguards notice to the parents of eligible special education students and students referred for special education and adult students one time a year and:

1.      Upon initial referral or parent request for evaluation;

2.      Upon receipt of the parent’s first state complaint and first request for due process hearing in a school year; 

3.      Upon a disciplinary action that will result in a disciplinary change of placement; and

4.      Upon request by the parent.

The procedural safeguard notice used by the district includes a full explanation of all the procedural safeguards relating to independent educational evaluation, prior written notice, parental consent, access to educational records, discipline procedures for students who are subject to placement in an interim alternative educational setting, requirements for unilateral placement by parents of children in private schools at public expense, state complaint procedures, mediation, the child’s placement during pendency of due process proceedings including requirements for disclosure of evidence, due process hearings, civil actions and attorney’s fees. Copies of the district’s special education procedural safeguards are available at the district office, IEP case managers, and online in multiple languages at http://www.k12.wa.us/SpecialEd/publications.aspx