- Procedure
Code: 3200P1 Appendix K
Title: Summary of Safeguards and Due Process
Section: 3000 - Students
Status: Active
Adopted: October 20, 2022*
Summary of Safeguards and Due Process
The following is a summary of your rights according to federal and state rules and regulations. The intent of these rules and regulations is to insure that the district fully informs you concerning decision about your child's school program and to inform you of your rights if you disagree with any of the decisions. Specific rules and regulations from state special education laws (WAC 392-171) are noted below. If you would like further information, please contact Tyrosine Knutson at 384-9260 360-383-9200.
- Right to consent or refuse to consent to initial assessment. (WAC 392-171-341 through 376-516) The school district must obtain your written permission prior to initially assessing your child for possible special education services. The district must inform you of proposed test(s) and/or procedures, including any existing assessment data, to be used. You also have the right to request that these tests and procedures be explained to you. More than one test or procedure must be used for determining the appropriate educational program for your child. In addition, your child must be reassessed at least once every three years, or more frequently if conditions warrant it or if requested.
- Right to obtain an independent assessment. (WAC 392-171-371)If you do not feel the school's assessment is fair or accurate, you may request an independent educational assessment from an agency or professional outside the school at public expense. However, the school may request a hearing if its assessment is challenged. If the hearing officer rules in favor of the school, you still have the right to obtain an independent assessment at your own expense. You have the right to introduce the results of an independently obtained assessment for consideration by the district in determining your child's school program or at a hearing.
- Right to consent or refuse to consent to initial placement. (WAC 392-171-466 through 506)The school district must obtain your written permission prior to initially placing your child in special education. The district must maintain a variety of program settings which allow your child to be placed in the regular school program with nonhandicapped students to the maximum extent appropriate for his/her educational needs.
- Right to receive prior written notice . (WAC 392-171-521 and 526) The school district must give you written notice prior to any proposed change in your child's identification, assessment or provision of special education or related services. The notice must include the following information:
- a full explanation of your procedural safeguards,
- what action the district is proposing or refusing to take,
- a description of each test or report the district used as a bases for the proposal or refusal, and
- options the district considered as alternatives to proposed actions and why those options were rejected.
5. Right to review school records. (WAC 392-171-586 through 601)You, or your representative, have the right to see, examine, and have explained all school records related to your child. If you feel certain records are inaccurate or misleading, you have the right to ask that they be changed or removed from your child's file. Written or verbal parental consent must be obtained before personally identifiable information is (a) given to anyone other than educational personnel, or
(b) used for any purpose other than that for which it was collected. The district must notify you when either condition a or b occurs.
6. Right to request an impartial due process hearing. (WAC 392-171-531 through 576)
If you do not agree with the school's actions at any point concerning the identification, evaluation or placement of your child, you have the right to request an impartial due process hearing. If you request a hearing:
a. you must notify the district in writing;
b. the hearing will be conducted by an impartial hearing officer selected by the district who is neither employed by the district nor
having interest in the outcome of the hearing;
c. you may file an objection to the selected hearing officer if you feel the officer may be blased;
d. the hearing will be conducted at the expense of the district;
e. you may be accompanied by an attorney and/or other persons at your expense during the hearing; however, the district must
inform you of any free or low cost legal or other relevant services available so that you may be represented at the hearing by trained
counsel, if you so desire;
f. during the hearing, you will have the right to present evidence and to confront, cross-examine and compel the attendance of
witnesses;
g. you have the right to open the hearing to the public;
h. you have the right to prohibit the introduction, at the hearing of any evidence that has not been disclosed at least five days before
the hearing;
i. you have the right to obtain a written verbatim record of the hearing;
j. you have the right to obtain written findings of facts, conclusions, and judgments;
k. your child may be present at the hearing if you desire;
l. your child will remain in his/her current educational placement during the pending of any administrative or judicial proceedings or
if applying for initial admission to public school, the child will be placed in school with your consent except if the child's conduct
constitutes imminent danger to me health and safety of the child and others;
m. a final decision must be reached no later than 45 days after the date of receipt of request for a hearing and you may request a record
of the hearing.
n. Any party aggrieved by the findings and decision in a hearing may appeal to the Superintendent of Public Instruction no later than 30 days after the date upon which the decision was provided to the appealing party.
7. Right to attend a meeting with school officials to develop and review annually an individual education program (IEP) and placement for your child. (WAC 392-171-456,511) You have the right to attend a meeting with school staff to develop or review your child's individual education program (IEP) and school placement. The school district must notify you of the IEP meeting early enough for you to attend and schedule the meeting at a mutually agreed upon time and place. The notice of the IEP meeting must include the purpose, time, location, and participants. If you cannot attend the IEP meeting, the district must use other methods to assure your participation, such as conference telephone calls. The meeting may be conducted without your attendance, but the district must keep a record of its attempts to arrange a mutually agreed upon time and place. The IEP meeting must include the following participants:
1. someone from he school district other than your child's teacher who is qualified to provide or supervise special education programs;
2. your child's regular classroom teacher or special education teacher or therapist,
3. one or both parents (in the case of a nonadult student);
4. the student, if he or she is an adult student (and the nonadult student, if appropriate);
5. a member of your child's assessment team; and
6. other individuals at the discretion of the district, the parent, or the adult student.
This district must take whatever steps are necessary to assure that you understand the proceedings at the IEP meeting. This may include an interpreter for parents (or adult students) who are deaf or whose native language is not English. Each IEP must include:
1. your child's present levels of educational performance;
2. annual goals and short-term instructional objectives;
3. specific special education and related services and the extent to which your child will participate in the regular education program;
4. projected dates for beginning the services and anticipated duration of these services;
4. appropriate objective criteria and evaluation procedures and schedules for determining, on at least an annual basis, whether the
short-term instructional objectives are being met.
8. Right to reasonable attorney's fees under certain circumstances .
The district must provide you with a copy of the IEP. These rules and regulations do not promise or guarantee that your child will meet
the annual goals and short-term objectives. The district must hold IEP meetings at least once a year to review and change as necessary your child's IEP and/or special education placement.
Adopted: 10.20.2022*
*Most recent date according to website upload.
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