Parents and eligible students are provided written notices at specific points throughout the special education process. These situations are identified in IDEA and Connecticut regulations. The State Department of Education’s procedural safeguards document is provided to parents and eligible students at many of these times as well.
- Age of Majority
- Description of Prior Written Notice
- Additional Situations Requiring Notice
- Indication of the Convening of a Planning and Placement Team Meeting
- Initial Evaluation
- Disciplinary Situations that Result in Interim Alternative Educational Settings
- Communication of Written Notice
- Timelines for Prior Written Notice
In accordance with Federal regulations, the District requires informed parental (or eligible student) consent prior to an initial evaluation, reevaluation, and an initial provision of special education services and release of confidential educational records under specific conditions (see Confidenitality). Also in accordance with Connecticut regulations, our District requires consent prior to a private placement.
Consent means that the parent (or eligible student):
- has been fully informed of all information relevant to the activity for which consent is sought. This information is given to the parent or eligible student in his or her native language, or other mode of communication unless it is clearly not feasible to do so;
- understands and agrees in writing to the carrying out of the activity for which her or his consent is sought. The consent describes that activity and lists the records (if any) that will be released and to whom they will be released; and
- understands that the granting of consent is voluntary and may be revoked at any time.
Parental Refusal for Consent or Withdrawal of Consent
All consent forms in our District include:
A statement of parents' (or eligible student's) right to refuse consent and that, if given, it may be revoked at any time;
A statement that parental (or eligible student's) failure to respond within ten school days from the date of the notice shall be construed as refusal of consent (not applicable to reevaluation); and
A statement that, if contested, a student's current educational placement will not change until due process procedures have been completed.
Our District considers provision of procedural safeguards an essential part of prior written notice. Procedural safeguards are given to parents (or eligible students) as part of the prior written notice. A copy of the procedural safeguards is given to the parents (or eligible students), at least one time a year and upon the following occurrences:
· initial referral or parent request for evaluation;
· upon receipt of the first complaint made under the State’s Complaint Resolution Process or the first due process complaint filed in a school year;
· on the date on which the decision is made to remove a child from his or her educational placement because he or she has violated a code of student conduct and the removal constitutes a change in placement [see Discipline]; or
· upon request by a parent.
The State Department of Education’s procedural safeguard document provided to parents (or eligible students) includes the following:
· Evaluation of a child by a person who does not work for the school district. This is called an independent educational evaluation;
· Giving the parent a copy in writing of what the school is proposing or refusing to do about a child’s program (prior written notice);
· Getting parent permission before the school administers evaluations or provides special education services to a child;
· Inspecting, reviewing and obtaining a copy of a child’s educational record;
· Due process hearings;
· Advisory opinions;
· A child’s program pending a due process hearing;
· Procedures when disciplining a child with a disability;
· Steps a parent must follow if a parent places a child in a private school and expects the school to pay;
· Expedited due process hearings;
· Bringing a case to court;
· Attorneys’ fees;
· State complaints;
· The difference between due process hearings and state complaints;
· Electronic Mail.