As a parent of a child who has been referred for special education services or who is receiving special education services, you and your child have certain rights which are protected by state or federal law. We want you to know about these rights.

RECORDS:

1. Right to examine all records relating to your child without unnecessary delay after parents' request and before any meeting regarding an IEP or hearing and, in no case, more than 45 days after request.
2. Right to have a representative appointed by you to review the records.
3. Right to request that the agency provide copies of the records if failure to provide those copies would effectively prevent the parent from exercising the right to inspect and review the records.
4. Right to have the agency presume that a parent has authority to inspect and review records of his or her child unless agency has been advised that parent does not have authority under state law.
5. Right to inspect and review only the information relating to their child if any education record includes information on more than one child.
6. Right to have the public agency keep a record of parties obtaining access to education records collected, maintained, or used under this part (except access by parents and authorized employees of the participating agency), including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records.
7. Right to have the participating agency search for or retrieve information without charge.
8. A parent may be charged a fee for copies of records which are made for parents if the fee does not effectively prevent the parents from exercising their right to inspect and review those records.
9. Right to be informed of all types and locations of records being collected, maintained or used by the agency.
10. Right to ask for an explanation of any item in the records.
11. Right to ask for an amendment of any record if it is inaccurate, misleading or violates the privacy or other rights of the child.
12. Right to be informed of refusal and right to a hearing if the agency refuses to make the requested amendment.
13. Right to have the agency decide whether to amend the information within a reasonable time after being asked to do so.
14. Right to be informed if the agency decides in a hearing that the information is inaccurate, misleading or violative of the child's rights and the right to have the record amended.
15. Right to be informed of the parents’ right to place a statement in the record commenting on information or setting forth the parents' reasons for disagreeing with the agency decision if it is decided in a hearing that information need not be amended.
16. Right to have the parents' explanation maintained in the record as long as the contested record is maintained.
17. Right to have the parents' explanation disclosed if the contested record is disclosed.

CONFIDENTIALITY OF INFORMATION:

1. Right to restrict access to your child's records by withholding consent to disclose records.
2. Right to be notified and receive copies before information in your child's file is destroyed.
3. Right to be told to whom information has been disclosed.
4. Right to review and receive copies of all information sent to another agency where your child seeks or is eligible to enroll.

INDEPENDENT EDUCATIONAL EVALUATION:

1. Right to obtain an independent educational evaluation by a qualified examiner.
2. Right to have the independent evaluation obtained at either public or private expense considered in either meetings where placement or program decisions are made or in a hearing regarding a free appropriate public education.
3. Right to be told where an independent evaluation may be obtained at no expense or low expense.
4. Right to an independent evaluation at public expense under the same criteria as those used by the public agency under which the evaluation is obtained, including the location of the evaluation if you disagree with the agency's evaluation, except that the public agency has the right to initiate a hearing regarding a free appropriate public education to show that its evaluation is appropriate.
5. Right to an independent evaluation at public expense when the evaluation is requested by a hearing officer during a hearing.

   "Evaluation" means procedures used to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs. This term means procedures used selectively with an individual child and does not include basic tests administered to or procedures used with all children in a school, grade, or class.
   "Independent educational evaluation" means an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question.
   "Independent educational evaluation at public expense" means that the public agency either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent.

NOTICE:

1. Right to be notified and present at all meetings before the agency initiates or changes (or refuses to initiate or change) the identification, evaluation, placement or provision of a free appropriate public education.
2. Right to have that notice in writing, in your native language, or other principal mode of communication, at a level understandable to the general public.
3. Right to have the notice describe the proposed action, explain why it is proposed, describe the options considered and explain why those other options were rejected.
4. Right to be notified of each evaluation procedure, test, assessment, record or report the agency has used as a basis for any agency-proposed action or basis for refusal.
5. Right to a description of any other factors which are relevant to the agency's proposed action or basis for refusal.
6. Right to a notice that includes a full explanation of all the procedural safeguards available to the parents.
7. Right to be notified of sources to contact to obtain assistance in understanding provisions of Part B of the IDEA.
8. Right to prior written notice that contains all information in items 2 through 7 above before the agency initiates or changes or refuses to initiate or change the identification, evaluation, placement or provision of a free and appropriate public education.
9. Right of a parent, whose native language or other mode of communication is not a written language, to have the notice translated orally or by other means in his or her native language or other mode of communication; the right to understand the content of the notice; and the right to written evidence that these requirements have been met.
10. Right to be present at all IEP meetings.

CONSENT:

1. Right to give consent before a preplacement evaluation or a reevaluation is conducted.
2. Right to give consent before initial placement can be made in special education.
3. Right to a description of the activity for which consent is requested.
4. Right to revoke consent at any time.
5. Right of the agency to proceed, in the absence of consent, to a hearing to determine if your child should be evaluated. Except for preplacement evaluation, reevaluation, and initial placement, consent may not be required as a condition of any benefit to the parent or child.

   "Consent" means that:
   (a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language or other mode of communication;
   (b) The parent understands and agrees, in writing, to the carrying out of the activity for which his or her consent is sought, and the consent describes that activity and lists the records (if any) which will be released and to whom except in accordance with FERPA (Family Educational Rights and Privacy Act); and
   (c) The parent understands that the granting of consent is voluntary on the part of the parent and may be
   revoked at any time.

RIGHTS AND RESPONSIBILITIES UNDER IDEA WITH REGARD TO HEARINGS:

1. Right to present complaints, both due process complaints or formal written complaints, with respect to any matter relating to the identification, evaluation, or educational placement of your child, or the provision of a free appropriate public education to your child.
   1. Due Process Complaint: the complaint must set forth an alleged violation that occurred not more than two (2) years before the date the parent knew or should have know about ht alleged action that forms the process for the complaint. A due process complaint is a request for a hearing to occur to resolve the matter.
   2. Formal Written Complaint: the complaint is a signed, written complaint that sets forth an alleged violation pursuant to State Board Rule 160-4-7-.17. The complaint shall include a statement that the local system has violated the requirements of IDEA and the facts on which the statement is based. The complaint must allege a violation that occurred not more than one (1) year prior to the date the complaint is received unless a longer period is reasonable because the violation is continuing.
2. Right to present complaints if you disagree with a determination by the school district that your child’s behavior was not a manifestation your child’s disability.
3. Right to mediation and/or an impartial due process hearing whenever you file a complaint as described in 1 of this section and to an expedited due process hearing whenever you file a complaint as described in 2 of this section.
4. Responsibility to file due process complaint notice. A parent or school alleging a due process violation under IDEA, or his or her attorney, is required to provide a due process complaint notice to the other party (or their attorney) and the state educational agency (SEA). The notice must include the name and home address of the child, the name of the school the child attends, a description of the nature of the problem, and a proposed resolution. The party presenting the due process complaint must file this notice before a due process hearing can occur.
5. Right to prior written notice regarding the subject matter of the due process complaint. When the school receives a due process complaint notice, it must first determine whether it provided prior written notice regarding the subject matter of the due process complaint. If it has not done so, the school must provide a response to the parents within 10 days of receiving the due process complaint notice. Prior written notice must contain the following: (1) an explanation of why the agency proposed or refused to take the action raised in the due process complaint, (2) a description of other options that the IEP team considered and the reasons those options were rejected; (3) a description of each evaluation procedure, assessment, record or report the agency used as the basis for the proposed or refused action; and (4) a description of the relevant factors in the school’s proposal or refusal.
6. Responsibility to provide sufficient notice of the nature of the problem for which you are filing a due process complaint. If the school system feels that the parent’s due process complaint notice is insufficient, the system must notify the hearing officer in writing within 15 days of receiving the complaint. Hearing officers then have up to 5 days to determine if the notice meets the requirements of IDEA. Upon making a determination, the officer must immediately notify all parties in writing of the decision. If the hearing officer determines that the complaint is sufficient, the school must respond to the due process complaint. If the hearing officer determines that the complaint is not sufficient, the parent has the opportunity to resubmit a new complaint and the timelines start over.
7. Right to file a due process complaint after the notice is filed. The due process complaint must describe the nature of the problem, relevant facts relating to the problem, and a proposed resolution to the problem. As noted in 4, if the system feels the complaint is not sufficient to inform them about the problem, the system has 15 days from when the parent filed their complaint to ask the hearing officer to decide whether the complaint is sufficient. If the hearing officer determines that the complaint is not sufficient, the complaint is returned to the parent, and the parent is able to file a new due process complaint with greater specificity. The timelines for due process hearings start over when the new complaint is filed.
8. Right to a resolution session that provides an opportunity for parents and school systems to resolve any issues in the due process complaint so that the parents and systems can avoid a due process hearing and provide immediate benefit to the child. Within 15 days of when a complaint is filed, the system must convene a Resolution Session between the parents and relevant members of the IEP Team. The session must include a representative of the system who has decision-making authority on behalf of the system, but may not include an attorney for the system unless the parent is also accompanied by an attorney. The session provides an opportunity for the party who filed the due process complaint to discuss that complaint and the facts forming the basis of it, and an opportunity for the responding party to resolve the complaint. If the parties reach an agreement, they must execute a legally binding agreement that is signed by the parents and the system representative. The agreement is enforceable in any state court of competent jurisdiction or in a United States district court. Either party may void the agreement up to 3 days after its execution. If the due process complaint is not resolved through this session, then the parties may proceed to a due process hearing. The Resolution Session may be waived by the school and the parents in writing or if they agree to use the mediation process.
9. Right to be told of any free or low-cost legal and other relevant services available (e.g., an expert on disability conditions that may be a witness at the hearing when parent requests information or parent or agency initiates a hearing).
10. Right to a hearing conducted by the state educational agency.
11. Right to have the hearing chaired by a hearing officer who is not employed by a public agency involved in the education of
    your child or otherwise personally or professionally interested in the hearing (the hearing officer is not an employee of the
    agency solely because he or she is paid by the agency to serve as a hearing officer).
12. Right to a list of the persons who serve as hearing officers, including a statement of the qualifications of each of those persons.
13. Right of parents or parties to be advised and accompanied at the hearing by counsel and to be accompanied by individuals
    with special knowledge or training in problems of the disabled.
14. Right to have your child present.
15. Right to have the hearing open to the public.
16. Right of parents or parties to present evidence and confront, cross-examine and compel the attendance of witnesses.
17. Right of parents or parties to prohibit the introduction of any evidence at the hearing that has not been disclosed at least
    five days before the hearing.
18. Right of parents or parties to have a written or, at the option of the parent, electronic verbatim record of the hearing.
19. Right of parents or parties to obtain written or, at the option of the parents, electronic findings of fact and decisions within 45 days after the local education agency received the initial request for the hearing, except that the hearing officer may grant a specific extension of time at the request of either party.
20. Right of parents or parties to a final decision made by the hearing officer, unless a party brings a civil action.
21. Right to have a hearing or an appeal set at a time and place reasonably convenient to you and your child.
22. Right of aggrieved parents or parties to appeal the decision of the hearing officer by bringing a civil action in state or
    federal court within 90 days from the date of the decision of the hearing officer.
23. Right to have your child remain in his or her present educational placement until completion of all hearing and appeal
    proceedings, unless you and the agency agree otherwise.
24. Right to have child placed in the public school program until the completion of all the proceedings if the complaint involves
    an application for initial admission to the public school.
25. U.S. District Courts can award reasonable attorneys’ fees to prevailing parties, whether that is a parent, SEA or local system as part of any settlement of a due process complaint or civil action. Attorneys’ fees awarded to SEAs or local systems may only be granted under certain guidelines. First, the parents’ attorney may be forced to pay the agency’s attorneys’ fees when that attorney files a complaint or civil action that is frivolous, unreasonable, or without foundation. Second, the litigation clearly became frivolous, unreasonable, or without foundation. Second, the parents or their attorney may be forced to pay the SEAs or local system attorneys’ fees if the parents’ complaint or subsequent civil action was presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation. Not all legal and administrative proceedings and services are eligible for reimbursement. A court may not award attorneys’ fees for any services performed subsequent to the time of a written offer of settlement that is made to the parents if: (1) the offer is made in accordance with Rule 68 of the Federal Rules of Civil Procedure; (2) in the case o fan administrative hearing, if the offer is made more than 10 days prior to the hearing; (3) the offer is not accepted within 10 days; and (4) the court or administrative hearing officer find that the relief finally obtained by the parents is not more favorable than the offer of settlement. However, attorneys’ fees may be awarded to parents who were substantially justified in rejecting the settlement offer. In addition, IEP Team meetings are not eligible for reimbursement unless the meeting is convened as a result of an administrative proceeding or judicial action, or, at the discretion of the state, for a mediation session. Attorneys’ fees for Resolution Sessions are also ineligible for reimbursement.
26. At least five (5) business days prior to a hearing conducted pursuant to paragraph (1), each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party’s evaluations that the party intends to use at the hearing. A hearing officer may bar any party that fails to comply with this provision from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.

EVALUATION PROCEDURES:

1. Right to have a full and individual evaluation of your child's educational needs.
2. Right to have the evaluation made by a multidisciplinary team including at least one specialist with knowledge in the area of the suspected disability.
3. Right to have your child assessed in all areas related to the suspected disability.
4. Right to have appropriate tests administered by qualified examiners.
5. Right to have more than one criterion used in determining the appropriate educational program for your child.
6. Right to have the evaluation made in your child's native language or mode of communication.
7. Right to have a reevaluation every three years.
8. Right to have a reevaluation in less than three years if you or your child's teacher requests it. Reevaluations shall not occur more frequently than one time per year unless the school system and the parent agree otherwise.

LEAST RESTRICTIVE ENVIRONMENT:

1. Right to have your child educated with non-disabled children to the maximum extent appropriate.
2. Right to have your child remain in a regular education environment, unless a special class or separate school is needed. (Removing a child from a regular class environment should be done only when the nature or severity of the disability is such that education in the regular class with the use of supplementary aids and services cannot be achieved satisfactorily.)
3. Right to have a continuum of alternative placements so that removal from the regular educational program can be the least restrictive situation.
4. Right to have supplementary services such as resource room or itinerant instruction to make it possible for your child to remain in a regular class placement.
5. Right to have placement in the school your child would attend if non-disabled, unless the child's individualized education program requires some other arrangement, and right to participate in non-academic and extracurricular services and activities such as meals, recess, counseling, athletics and special interest groups.

SURROGATE PARENTS:

1. A surrogate parent is a person appointed for a student for whom no parent can be identified or who is a ward of the statesor whose parent’s whereabouts cannot be discovered, after reasonable efforts by the local system. Such surrogate parent has no interest that conflicts with the interests of the student presented, has knowledge and skills that ensure adequate representation of the students, is not an employee of the SEA, the local system, or any other agency that is involved in the education or care of the child. In the case of a child who is a ward of the State, such surrogate may alternatively be appointed by the judge overseeing the child’s care provided that the surrogate meets the requirements of this paragraph. In the case of an unaccompanied youth as defined in the McKinney-Vento Homeless Assistance Act (42 U.S.C. 1143a(6), the local system shall appoint a surrogate in accordance with this paragraph. The state shall make reasonable efforts to ensure the assignment of a surrogate not more than 30 days after there is a determination by the system that the child needs a surrogate.
2. The agency must have a method for determining whether a child needs a surrogate parent and for assigning a surrogate parent to the child.
3. The surrogate parent may represent the child in all matters relating to the identification, evaluation, and educational placement of the child, and the provision of a free appropriate public education to the child.

PRIVATE SCHOOL PLACEMENT AT PUBLIC EXPENSE:

1. The school district is not required to pay for the cost of education, including special education and related services, of a child with a disability at a private school or facility if the school district made a free appropriate public education available to the child and the parents elected to place the child in such private school or facility.
2. If a child with a disability who has previously received special education and related services from the school district has been enrolled by his parents in a private elementary or secondary school without the consent of or referral by the school district, a court or hearing officer may require the school district to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the school district had not made a free appropriate public education available to the child in a timely manner prior to that enrollment.
3. The cost of any reimbursement described in paragraph (2) above may be reduced or denied if:
1. at the most recent IEP meeting that the parents attended prior to removal of the child from the public school the parents failed to inform the IEP team that they were rejecting the placement proposed by the school district to provide a free appropriate public education to the child, including stating their concerns and their intent to enroll their child in private school at public expense; or the parents failed, at least 10 business days (including any holidays that occur on a business day) prior to removal of the child from the public school, to give the school district written notice that they were rejecting the placement proposed by the school district to provide a free appropriate public education to the child, including stating their concerns and their intent to enroll their child in private school at public expense;
2. prior to the parents’ removal of the child from the public school, the school district has notified the parents in writing of its intent to evaluate the child with a statement of an appropriate
   and reasonable purpose of such evaluation, but the parents did not make the child available for the evaluation; or
3. upon a judicial finding of unreasonableness with respect to actions taken by the parents.
4. Reimbursement may not be reduced or denied for failure of the parent to provide notice referred to above if:
   1. the parent is illiterate and cannot write in English;
   2. compliance with the notice requirements would result in physical or serious emotional harm to the child;
   3. the school prevented the parent from providing the notice; or
   4. the parent had not received this notice of rights.

INTERIM ALTERNATIVE EDUCATIONAL SETTING:

1. If your child carries a weapon to school or to a school function; if your child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function,; or if your child inflicts serious bodily injury on another person while at school, on school premises or at a school sponsored function, school district personnel may order a change in the placement of your child to
   1. an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days (to the extent such alternatives would be applied to children without disabilities) or to
   2. an appropriate interim alternative educational setting for the same amount of time that a child without a disability would be subject to discipline, but for not more than 45 days without regard to whether or not the behavior was a manifestation of disability.The alternative education setting shall be determined by the IEP team.
2. School personnel may consider any unique circumstances on a case by case basis when determining whether a change in placement is appropriate.
3. Either before or not later than 10 days after taking a disciplinary action described in paragraph (1) of this section, the school district shall convene an IEP meeting to develop an assessment plan to address the behavior if the school district did not conduct a functional behavioral assessment and implement a behavioral intervention plan for your child before the behavior that resulted in the suspension described in paragraph (1); or if your child already has a behavioral intervention plan, the IEP Team shall review and modify it, as necessary, to address the behavior.
4. A hearing officer may order a change in the placement of your child to the IEP determined appropriate interim alternative educational setting for not more than 45 days if the hearing officer determines that maintaining the current placement of your child is substantially likely to result in injury to your child or to others; and determines that the interim alternative educational setting meets the requirements of paragraph (5).
5. Any interim alternative educational setting in which your child is placed pursuant to paragraph (1) or paragraph (4) in this section shall
   1. be selected so as to enable your child to continue to receive educational services in order to participate in the general curriculum, although in another setting, and to continue to progress toward the goals set out in the IEP; and
   2. receive the services and modifications of a functional behavioral assessment and behavior intervention plan designed to address the behavior so that it does not recur.
6. If a disciplinary action is contemplated as described in paragraph (1) or paragraph (4) of this section for the behavior of your child, not later than the date on which the decision to take that action is made, you shall be notified of that decision and of all procedural safeguards accorded under this section; and immediately, if possible, but in no case later than 10 school days after the date on which the decision to take that action is made, the LEA, the parent and relevant members of the IEP team shall conduct a review of the relationship between your child’s disability and the behavior subject to the disciplinary action.
7. In carrying out a review described in paragraph (6) of this section, the LEA, the parent and relevant members of the IEP team (as determined by the parent and the LEA ) shall review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents to determine (1) if the conduct in question was caused by, or had a direct and substantial relationship to the child’s disability; or (2) if the conduct in question was the direct result of the LEAs failure to implement the IEP. When the LEA, the parent and the relevant members of the IEP determine that either (a) or (b )is applicable, the conduct is a manifestation of the disability.
8. If the determination is that the behavior of your child was not a manifestation of his or her disability, the relevant disciplinary procedures applicable to children without disabilities may be applied to your child in the same manner in which they would be applied to children without disabilities except that the child
   1. must continue to receive educational services so as to enable the child to continue to participate in the general education curriculum, although in another setting and to progress toward meeting the goals set out in the child’s IEP and
   2. receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not recur.
9. If the determination is made that the conduct was a manifestation of the disability, then the IEP team shall conduct a functional behavioral assessment and implement the behavior intervention plan or review such and revise as necessary if already in place. The child shall be returned to the placement from which he or she was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan. For circumstances described in paragraph (1) or (4) an interim alternative setting may be used as determined by the IEP team.
10. If you request an expedited due process hearing regarding a disciplinary action described in paragraph (1b) or Paragraph (3) to challenge the interim alternative educational setting or the manifestation determination, your child shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period provided for in paragraph (1b) or paragraph (3), whichever occurs first, unless you and the State or the school district agree otherwise. Such expedited due process hearing must occur within 20 school days of the date the hearing is requested and must result in a determination within 10 school days after the hearing. A resolution session meeting must occur within seven days of the date the hearing is requested and the hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of receipt of the hearing request. The decision of an expedited due process hearing may be appealed.
11. When an expedited due process hearing has been requested regarding placement as a result of a violation of code of conduct, the child shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period defined, whichever occurs first, unless the parent and the State or local agency agree otherwise.

CONCLUSION:

If you would like a further explanation of any of these rights or have other concerns, you may contact Ms. Donna Nicholas, special education director, at the Carroll County School System at 770-832-3568, or by e-mail at donna.nicholas@carrollcountyschools.com. You may also wish to contact your child’s school administrator or special education coordinator.