By Diane Taylor from examiner.com
The federal regulations for Individuals with Disabilities Education Act (IDEA) includes many provisions to protect the rights of parents and their child with a disability while also giving families and school systems means by which to resolve disputes. These rights are known as procedural safeguards. Parents have specific rights under this law to due process hearing requests under 34 CFR &300.507.
You or your school district may file a due process hearing request on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation, eligibility determination or educational placement of your child or the provision of a free, appropriate public education (FAPE) to your child.
In addition, in accordance with Section 1008.212, F.S., in the event that your school district superintendent requests that an extraordinary exemption from participation in a state assessment be granted to your child and the State Superintendent denies this request, you have the right to an expedited due process hearing. The request for an expedited due process hearing is made directly to the State Department of Education. Upon your request, you will be advised of any free or low-cost legal services and other relevant services available. The hearing must begin within twenty school days following receipt of your request. The administrative law judge or hearing officer must make a determination on the case within ten school days after the expedited hearing is completed.
Read more HERE.
The CAC sponsors this blog for everyone in the Mount Diablo Unified School District community who has an interest in special education and students with special needs.
Showing posts with label Due Process. Show all posts
Showing posts with label Due Process. Show all posts
Sunday, January 5, 2014
Tuesday, July 30, 2013
Special EDition: June 2013 -- Due Process
From Disability Rights Education and Defense Fund (DREDF)
Disagreements are a fact of life, but for children with disabilities, time and appropriate help are so important that Congress included a set of "Procedural Safeguards" (formal steps to take when you have concerns about what the school district is offering or refusing to do) in IDEA to make sure that a child's right to a Free Appropriate Public Education (FAPE) is protected. Filing for due Process is a key part of those safeguards.This month's Special EDition discusses due process hearings under IDEA (Individuals with Disabilities Education Act).
What is Due Process?
Whenever possible, it is best to try to work out disagreements related to special education directly with the school district and IEP team. However, when this does not work, you are NOT powerless. The next step to consider is filing for "Due process" (this includes whether or not your child is eligible for services at all). Due Process is a legal term that describes a government's commitment to a system of fair procedures to uphold a citizen's legal rights. In the context of IDEA and special education, due process ensures that your child with a disability (or suspected disability) receives an appropriate education based on his/her individual needs by outlining a process of steps to take when disputes arise ending in a formal hearing where a judge makes the final determination. A due process hearing is a way for you to resolve disagreements with your school district when you can't find a solution through the IEP process.
Read more HERE.
Disagreements are a fact of life, but for children with disabilities, time and appropriate help are so important that Congress included a set of "Procedural Safeguards" (formal steps to take when you have concerns about what the school district is offering or refusing to do) in IDEA to make sure that a child's right to a Free Appropriate Public Education (FAPE) is protected. Filing for due Process is a key part of those safeguards.This month's Special EDition discusses due process hearings under IDEA (Individuals with Disabilities Education Act).
What is Due Process?
Whenever possible, it is best to try to work out disagreements related to special education directly with the school district and IEP team. However, when this does not work, you are NOT powerless. The next step to consider is filing for "Due process" (this includes whether or not your child is eligible for services at all). Due Process is a legal term that describes a government's commitment to a system of fair procedures to uphold a citizen's legal rights. In the context of IDEA and special education, due process ensures that your child with a disability (or suspected disability) receives an appropriate education based on his/her individual needs by outlining a process of steps to take when disputes arise ending in a formal hearing where a judge makes the final determination. A due process hearing is a way for you to resolve disagreements with your school district when you can't find a solution through the IEP process.
Read more HERE.
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