Alabama Administrative Code
Title 290 - ALABAMA STATE BOARD OF EDUCATION
Chapter 290-8-9 - SPECIAL EDUCATION SERVICES
Section 290-8-9-.08 - Procedural Safeguards
Universal Citation: AL Admin Code R 290-8-9-.08
Current through Register Vol. 42, No. 11, August 30, 2024
(1) Surrogate Parents. Each public agency must ensure that the rights of a child are protected when no parent can be identified.
(a) Determination of the Need for
a Surrogate Parent. A surrogate parent is needed when no parent can be
identified; the public agency, after reasonable efforts, cannot locate a
parent; or the child is a ward of the State. In the case of a child who is a
ward of the State, a surrogate may alternatively be appointed by the judge
overseeing the child's case, provided that the surrogate meets the criteria. In
the case of an unaccompanied homeless youth as defined in section 725(6) of the
McKinney-Vento Homeless Assistance Act [
42
U.S.C. 11434a(6)], the
public agency must appoint a surrogate.
(b) Criteria for Selection of a Surrogate
Parent.
1. Public agencies must ensure that
the person selected as a surrogate parent:
(i) Is not an employee of the SEA, LEA, or
any other agency that is involved in the education or care of the
child;
(ii) Has no personal or
professional interest that conflicts with the interest of the child he/she
represents; and
(iii) Has knowledge
and skills that ensure adequate representation of the child.
2. In the case of a child who is
an unaccompanied homeless youth, appropriate staff of emergency shelters,
transitional shelters, independent living programs, and street outreach
programs may be appointed as temporary surrogate parents without regard to any
of the above provisions, until a surrogate parent can be appointed that meets
the criteria for selection of a surrogate parent. A public agency may select as
a temporary surrogate a person who is an employee of a nonpublic agency that
only provides non-educational care for the child and who meets the surrogate
parent criteria.
(c)
Assigning a Surrogate Parent. The following procedures must be utilized to
ensure the right of a child with a disability to a surrogate parent:
1. Public agencies must have a method for
determining whether a child with a disability needs a surrogate parent and for
assigning a surrogate parent.
2. If
the public agency determines that a surrogate parent is required, the public
agency must make reasonable efforts to ensure the assignment of a surrogate
parent not more than thirty days from the date the public agency determines the
child's need for a surrogate parent.
(d) A person who otherwise qualifies to be a
surrogate parent is not an employee of the agency soley because he or she is
paid by the agency to serve as a surrogate parent.
(e) Scope of Surrogate Parent Representation.
A surrogate parent may represent children with disabilities in all matters
related to the identification, evaluation, educational placement, and the
provision of FAPE to the child.
(2) Records. Personally identifiable data, information, and records collected or maintained must be stored, retrieved, and utilized for the benefit of children with disabilities in a manner that will ensure confidentiality and privacy rights.
(a)
Person Responsible for Records of Children with Disabilities. Participating
agencies must appoint one person to assume the overall responsibility for
ensuring that personally identifiable information will be safeguarded and
confidential. The assigned person will ensure that all agency persons involved
in collecting, maintaining, or using the information must receive training or
instruction regarding confidentiality requirements.
(b) Confidentiality of Personally
Identifiable Information. Each participating agency must protect the
confidentiality of personally identifiable information at the collection,
storage, disclosure, and destruction stages.
(c) Access to Records by Parents and Their
Representatives.
1. Parents may inspect and
review all educational records relating to identification, evaluation, and
educational placement of the child and the provision of FAPE to the child that
are collected, maintained, or used by the participating agency.
2. Parents must be given the opportunity to
review their child's educational records without unnecessary delay (not more
than 45 days after the request has been made) and before any meeting regarding
an IEP or before a due process hearing, or resolution session is
conducted.
3. Upon request, parents
must be provided copies of their child's records if failure to do so would
effectively prevent the parents from exercising their right to inspect and
review the records.
4. Upon
reasonable request, parents must be given explanations and interpretations of
their child's records.
5. Parents
may have a representative inspect and review their child's records.
6. The agency may presume that the parents
have authority to inspect and review the records of their child unless the
agency has been advised that authority has been removed under state laws
governing such matters as guardianship, separation, and divorce.
7. With the exception of parents and
authorized employees of the participating agency itself, the agency must keep a
record of all other persons who are given access to the educational records.
Documentation must include the name of the person given access, date of access,
and purpose for access.
8. When a
record contains information on more than one child, the parents may inspect and
review only the information regarding their child. If the information on their
child cannot be isolated for review, the participating agency may inform the
parent regarding that portion of the information that pertains to their
child.
9. Upon request, the parents
must be provided with a list of the types and locations of educational records
collected, maintained, or used by the participating agency.
10. The participating agency may provide
copies of the child's records, upon parent request; and, may charge parents a
fee for copies of the educational records, but not in an amount that would
effectively prevent them from exercising their right to inspect and review the
records. The fee may not include a charge to search or to retrieve information
under this section.
(d)
Disclosure Procedures Pertaining to Special Education Records.
1. Each participating agency must maintain
for public inspection, a current listing of the names and positions of those
employees within the agency who have access to personally identifiable
information.
2. Parental consent
must be obtained before personally identifiable information is disclosed to
parties other than officials of participating agencies.
3. Parental consent is not required before
personally identifiable information is released to:
(i) Officials of participating agencies for
the purposes of meeting a requirement of Part B of the IDEA. However, the
child's parents or eligible child who has reached the age of majority (age 19)
must be given prior notice of the transfer of records as required by the
Family Educational Rights and Privacy Act (FERPA).
(ii) Authorized state or federal officials in
conjunction with monitoring or enforcement of legal requirements that relate to
the special education program.
(iii) Law enforcement and judicial
authorities to the extent permitted by FERPA when the child with a disability
has committed a crime.
4. Parental consent, or the consent of an
eligible child who has reached the age of majority (age 19), must be obtained
before personally identifiable information is released to officials of
participating agencies providing or paying for transition services.
5. If a child is enrolled, or is going to
enroll in a private school that is not located in the LEA of the parent's
residence, parental consent must be obtained before any personally identifiable
information about the child is released between officials in the LEA where the
private school is located and officials in the LEA of the parent's
residence.
(e) Transfer
of Records.
1. To facilitate the transition
for a child who has transferred from one public agency to another in the same
state or from another state, the new public agency in which the child enrolls
must take reasonable steps to promptly obtain the child's records, including
the IEP and supporting documents and any other records relating to the
provision of special education or related services to the child, from the
previous public agency in which the child was enrolled, pursuant to FERPA; and
the previous public agency in which the child was enrolled must take reasonable
steps to promptly respond to such request from the new public agency.
2. Parental consent is not required as a
condition for a transfer of special education records from one public agency to
another. However, FERPA requires notice to be provided to the child's parents
or the student who has reached age 18.
(f) Amendment of Records at Parent's Request.
1. A parent who believes that the information
in the education records collected, maintained, or used are inaccurate or
misleading or violate the privacy or other rights of the child may request that
the participating agency amend the information. The agency must decide on the
matter within a reasonable period of time from receipt of request.
2. If the participating agency decides not to
amend the information in accordance with the request, written notice must be
provided to the parent. The notice must advise the parent of the right to a
local hearing before the agency.
(g) Hearing to Request Amendment of Child's
Educational Record.
1. The participating
agency must, on request, provide an opportunity for a hearing to challenge
information in education records to ensure that it is not inaccurate,
misleading, or otherwise in violation of the privacy or other rights of the
child.
2. If, as a result of the
hearing, the participating agency decides that the information is inaccurate,
misleading, or otherwise in violation of the privacy or other rights of the
child, it must amend the information accordingly and inform the parent in
writing.
3. If, as a result of the
hearing, the participating agency decides that the information is not
inaccurate, misleading, or otherwise in violation of the privacy or other
rights of the child, the agency must inform the parent of the right to place in
the records a statement commenting on the information or setting forth reasons
for disagreeing with the decision of the agency. Any explanation placed in the
records must be maintained as part of the records as long as the records or
contested portion of the records is maintained by the agency.
4. If the records of the child or the
contested portion are disclosed by the participating agency to any party, the
explanation must also be disclosed to the party.
5. The hearing must be conducted according to
the procedures set forth in FERPA.
(h) Retention and Destruction of the Records
of Special Education Children.
1. The public
agency must retain a copy of the education records containing personally
identifiable information for a period of five (5) years after the termination
of the special education program for which they were used.
2. The information must be destroyed at the
request of the parents. However, a permanent education record that contains the
child's name, address, telephone number, his or her grades, record of
attendance for special education services, classes attended, grade level
completed, and year completed may be maintained without time
limitation.
3. At the end of the
five-year retention period, the public agency must inform the parents when
personally identifiable information collected, maintained, or used is no longer
needed.
4. Information must be
destroyed in a manner whereby confidentiality of the information is
maintained.
(i)
Disciplinary Information.
1. The public
agency may include in the records of a child with a disability a statement of
any current or previous disciplinary action that has been taken against the
child and transmit the statement to the same extent that the disciplinary
information is included in, and transmitted with, the student records of
nondisabled children.
2. The
statement may include a description of any behavior engaged in by the child
that required disciplinary action, a description of the disciplinary action
taken, and any other information that is relevant to the safety of the child
and other individuals involved with the child.
3. If the child transfers from one school to
another, the transmission of any of the child's records must include both the
child's current IEP and any statement of current or previous disciplinary
action that has been taken against the child to the same extent that
disciplinary information is transmitted with the records of nondisabled
children.
(3) Rights for Children. Public agencies must afford to the child, rights of privacy similar to those afforded to parents regarding records taking into consideration the age of the child and type and severity of the disability. Although the rights of parents under the IDEA transfer to the student at the age of majority (age 19), the rights of parents regarding educational records under FERPA transfer to the student at age 18.
(4) Parental Notice and Consent. A public agency must provide notice to parents and obtain consent prior to specific actions.
(a) Parental Consent.
1. Informed written consent must be obtained
prior to an initial evaluation; prior to the initial provision of special
education and related services; and prior to any reevaluation that requires
additional data to be obtained. Consent for initial evaluation must not be
construed as consent for the initial provision of services. If the parent of
the child with a disability refuses or fails to respond to a request to provide
consent for initial evaluation or a reevaluation that requires evaluation of
the child, the public agency may, but is not required to pursue consent by
using mediation and/or due process procedures. The public agency does not
violate its obligation under Child Find requirements if it declines to pursue
an initial evaluation or reevaluation.
2. The public agency must make reasonable
efforts to obtain informed consent from the parent for the initial provision of
special education and related services to the child. If the parent of a child
fails to respond to a request for, or refuses to consent to, the initial
provision of special education and related services, the public agency:
(i) May not use the mediation process or the
due process hearing procedures in order to obtain agreement or a ruling that
the services may be provided to the child.
(ii) Will not be considered to be in
violation of the requirement to make FAPE available to the child because of the
failure to provide the child with the special education and related services
for which the parent refuses to or fails to provide consent, and
(iii) Is not required to convene an IEP Team
meeting or develop an IEP for the child.
3. If at any time subsequent to the initial
provision of special education and related services, the parent of a child
revokes consent in writing for the continued provision of special education and
related services, the public agency:
(i) May
not continue to provide special education and related services to the child,
but must provide prior written notice before ceasing the provision of special
education and related services;
(ii) May not use the mediation procedures or
the due process procedures in order to obtain agreement or a ruling that the
services may be provided to the child;
(iii) Will not be considered to be in
violation of the requirement to make FAPE available to the child because of the
failure to provide the child with further special education and related
services.
4. If a parent
revokes consent in writing for their child's receipt of special education and
related services after the child is initially provided special education and
related services, the public agency is not required to amend the child's
education records to remove any references to the child's receipt of special
education and related services because of the revocation of consent.
5. A public agency may not use a parent's
refusal of informed written consent to deny the parent or child any other
service, benefit, or activity of the public agency, except as described in
paragraphs 1. and 2. above.
6.
Informed written consent is not required:
(i)
For reevaluation, if the public agency can demonstrate that it has made
reasonable efforts, (at least two attempts) to obtain that consent and the
child's parent has failed to respond.
(ii) Before reviewing existing evaluation
data as part of an evaluation or reevaluation or administering a test or other
evaluation that is administered to all children, unless, before administration
of that test or evaluation, consent is required of parents of all
children.
(iii) For the type of
evaluations listed on the IEP to evaluate the mastery of annual
goal(s).
(iv) For initial
evaluations only, if the child is a ward of the State and is not residing with
the child's parent, the public agency is not required to obtain informed
consent from the parent for an initial evaluation to determine whether the
child is a child with a disability if despite reasonable efforts to do so, the
public agency cannot discover the whereabouts of the parent of the child; the
rights of the parents of the child have been terminated in accordance with
State law; or the rights of the parent to make educational decisions have been
subrogated by a judge in accordance with State law and consent for an initial
evaluation has been given by an individual appointed by the judge to represent
the child.
7. If a
parent of a child who is home schooled or placed in a private school by the
parents at their own expense does not provide consent for the initial
evaluation or the reevaluation, or the parent fails to respond to a request to
provide consent, the public agency may not use the consent override procedures
of mediation or due process and the public agency is not required to consider
the child as eligible for services under these rules.
8. To meet the reasonable efforts requirement
regarding consent for initial evaluation, reevaluation and initial provision of
services, the public agency must document its attempts to obtain parental
consent using the procedures under these rules.
(b) Parental Notice.
1. Written notice must be given to parents a
reasonable time before the public agency proposes or refuses to initiate or
change the identification, evaluation, educational placement, or the provision
of FAPE to a child. Written notice is required when a child graduates from high
school with a regular diploma or exits because the child has exceeded the age
of eligibility for FAPE.
2. The
parental notice must include a description of the action proposed or refused by
the agency, the reason for the proposed or refused action, a description of
other options the public agency considered and why those options were rejected,
a description of each evaluation procedure, assessment, record, or report the
public agency used as a basis for the proposal or refusal and a description of
any other factors that are relevant to the proposal or refusal. The notice must
also include a statement that the parents of the child have protection under
the Special Education Rights and if this notice is not an initial referral for
evaluation, the means by which a copy of the rights can be obtained, and
sources for parents to contact to obtain assistance in understanding the
provisions of the notice. To ensure that parents understand the content of each
notice, the public agency must provide written notice in language
understandable to the general public, provide notice in the native language of
the parent or other mode of communication used by the parent unless it is
clearly not feasible to do so, and take the necessary steps to ensure, that
when the native language or other mode of communication of the parent is not a
written language, that the notice is translated orally or by other means to the
parent in his or her native language or other mode of communication. Public
agencies must ensure that parents understand the content of the notice and
maintain written evidence that the notice requirements have been met. Parents
may request to receive notices by electronic mail if the public agency provides
notices by electronic mail.
(5) Meetings. Parents must be provided written notice and an opportunity to participate in meetings regarding identification, evaluation, educational placement, and the provision of FAPE to their child.
(a) A meeting does not include
informal or unscheduled conversations involving public agency personnel and
conversations on issues such as teaching methodology, lesson plans, or
coordination of service provision. A meeting also does not include preparatory
activities that public agency personnel engage in to develop a proposal that
will be discussed at a later meeting.
(b) When conducting IEP Team meetings
regarding evaluation, eligibility, IEP development, mediation, due process
hearing resolution, and when carrying out administrative matters (such as
scheduling, exchange of witness lists, and status conferences), the parent of a
child with a disability and a public agency may agree to use alternative means
of meeting participation, such as video conferences and conference
calls.
(c) An educational placement
decision may be made by a group without the involvement of the parents, if the
public agency is unable to obtain the parents' participation in the decision.
In this case, the public agency must have a record of its attempts to ensure
their involvement, including information that is consistent with the
requirements of these rules.
(d)
The public agency must take whatever action is necessary to ensure that the
parents understand and are able to participate in, any group discussions
relating to the identification, evaluation, educational placement or provision
of FAPE for their child, including arranging for an interpreter for parents
with deafness, or whose native language is other than English.
(6) Special Education Rights. A current copy of the Special Education Rights is on the SDE's Web site at www.alsde.edu. In addition, a public agency may place the Special Education Rights on its Internet Web site if a Web site exists but still must provide a physical copy to the parent once per school year as required below. In addition, parents may elect to receive notices required under these rules by an electronic mail communication, if the public agency makes that option available. A copy of the Special Education Rights under IDEA must be given to the parents only one time per school year, except that a copy must also be given to the parents:
(a) Upon initial referral or parental request
for an initial evaluation,
(b) Upon
receipt of the first State complaint under these rules and upon receipt of the
first due process hearing request in a school year,
(c) In accordance with the discipline
procedures in these rules, and
(d)
Upon request by the parent.
(7) Content of Special Education Rights. The Special Education Rights notice must meet the requirements of these rules and include a full explanation of all rights relating to:
(a) Independent
educational evaluations;
(b) Prior
written notice;
(c) Parental
consent;
(d) Access to educational
records;
(e) Opportunity to request
and resolve due process hearings, including the time period in which to request
a due process hearing, the opportunity for the agency to resolve the due
process hearing, and the difference between the due process complaint and the
State complaint procedures including the jurisdiction of each procedure, what
issues may be raised, filing and decisional timelines, and relevant
procedures;
(f) The availability of
mediation;
(g) The child's
placement during the pendency of any due process proceedings;
(h) Procedures for children who are subject
to placement in an interim alternative educational setting;
(i) Requirements for unilateral placement by
parents of children in private schools at public expense;
(j) Due process hearings, including
requirements for disclosure of evaluation results and recommendations; Civil
actions, including the time period in which to file those actions;
and
(l) Attorneys' fees.
(8) Transfer of Parental Rights at Age of Majority (Age 19). When a child with a disability reaches the age of majority (except for a child with a disability who has been determined to be incompetent under Alabama law), the public agency shall provide all notices to both the adult student and the parents. All other rights accorded to parents transfer to the student. The public agency shall notify the student and the parents of the transfer of rights. All rights accorded to parents transfer to students who are incarcerated in an adult or juvenile federal, state, or local correctional institution. If, under Alabama law, a child with a disability who has reached the age of 19, who has not been determined to be incompetent, but who is determined not to have the ability to provide informed consent with respect to the educational program of the child, the State shall establish procedures for appointing the parent of their child, or if the parent is not available, another appropriate individual, to represent the educational interests of the child throughout the period of eligibility of the child.
(9) State Complaints/Mediation/Due Process Hearings. Parents of children with disabilities must be provided with the opportunity to utilize appropriate administrative remedies when they believe that their rights or the rights of their children have been violated or when they disagree with their child's special education services.
(a)
Complaint Procedure. When it is believed that the public agency is violating a
requirement of Part B of IDEA and 34 CFR Part 300, the special education
complaint procedure may be utilized as the appropriate administrative remedy.
1. Procedures for Filing a Complaint with the
State Department of Education.
(i) A parent
(or organization or individual, including an organization or individual from
another State) may file a signed written complaint and send it to the State
Superintendent of Education, Attention: Special Education Services, Post Office
Box 302101, Montgomery, Alabama 36130-2101. A sample form for filing a State
Complaint can be found on the Department of Education's Web site at
www.alsde.edu. The use of the form is not
required as long as another form or document used meets the State Complaint
content requirements set forth herein.
(ii) A signed written complaint must allege a
violation that occurred not more than one year prior to the date that the
complaint is received.
(iii) The
complaint must include, at a minimum:
(I) A
statement that a public agency has violated a requirement of Part B of the
IDEA,
(II) The facts on which the
statement is based,
(III) The
signature and contact information for the complainant, and
(IV) If alleging violations with respect to a
specific child:
I. The name and address of the
residence of the child,
II. The
name of the school the child is attending,
III. In the case of a homeless child or youth
(within the meaning of the McKinney-Vento Homeless Assistance
Act (42
USC 11434a(2)), available
contact information for the child, and the name of the school the child is
attending,
IV. A description of the
nature of the problem of the child, including facts relating to the problem,
and
IV. A proposed resolution of
the problem to the extent known and available to the party at the time the
complaint is filed.
(iv) The party filing the complaint must
forward a copy of the complaint to the public agency serving the child at the
same time the party files the complaint with the Alabama Department of
Education. The public agency must provide a copy of the Special Education
Rights if this is the first State Complaint filed by the parent in a school
year.
2. Procedures for
Acting on Complaints.
(i) The State
Superintendent of Education will assign a staff member to review and
investigate each complaint to determine its validity. If it is determined that
the complaint is a possible violation of the IDEA or 34 CFR Part 300, the
complaint will be processed.
(ii)
The public agency involved must be notified by telephone or fax with a
follow-up letter providing the identity of the complainant and the nature of
the complaint.
(iii) The public
agency must
submit a written resolution
statement, plan of action, or statement of position that addresses the
complaint allegations to the State Superintendent of Education, Attention:
Special Education Services.
(iv) A parent who has filed a complaint and
the public agency may voluntarily agree to engage in mediation pursuant to this
rule.
(v) Special Education
Services will review all relevant information and make independent
determination as to whether the public agency is violating the IDEA or 34 CFR
Part 300.
(vi) If an on-site
investigation is determined to be necessary, the public agency will be notified
prior to the investigation regarding the nature of the review. The
investigation will be conducted by a person(s) selected by the State
Superintendent of Education and will not be anyone who is employed by the
agency under investigation. The person(s) conducting the investigation must
have complete access to all records of the agency that pertain to the special
education program.
(vii) The
complainant must be given the opportunity to submit additional information,
either orally or in writing, regarding the allegations of the
complaint.
(viii) A written
decision that addresses each allegation and contains findings of fact and
conclusions and the reasons for the Department of Education's final decision
(subject to confidentiality requirements) will be sent to the
complainant.
(ix) The written
decision will include procedures such as technical assistance activities,
negotiations, and corrective actions to achieve compliance, if needed, for the
effective implementation of the final decision.
(x) The entire complaint process, including
the letter of findings, must be completed within 60 calendar days from receipt
of the complaint. An extension of time may be granted only when it can be
established that exceptional circumstances warrant a delay or the parent and
the public agency involved agree to extend the time to engage in mediation
pursuant to this rule.
(xi) In
resolving a complaint in which it has found a failure to provide appropriate
services, the Department of Education must address how to remediate the denial
of those services, including corrective action appropriate to address the needs
of the child (such as compensatory services or monetary reimbursement) and
appropriate future provision of services for all children with
disabilities.
(xii) If a written
complaint is received that is also the subject of a due process hearing or
contains multiple issues, of which one or more are part of the hearing, the
Department of Education must set aside any part of the complaint that is being
addressed in the due process hearing until the conclusion of the hearing.
However, any issue in the complaint that is not a part of the due process
action must be resolved.
(xiii) If
an issue is raised in a complaint that has previously been decided in a due
process hearing involving the same parties, the hearing decision is binding and
the Department of Education must inform the complainant to that
effect.
(xiv) A complaint alleging
a public agency's failure to implement a due process decision must be resolved
by the Department of Education.
(b) State Education Agency Mediation
Procedures. Any time the public agency and the parents disagree on special
education matters, either party may request a mediation.
1. The State Superintendent of Education
provides mediation where the parties may resolve their differences involving
matters under the IDEA and 34 CFR Part 300.
2. The procedures for mediation must ensure
that the mediation process is voluntary on the part of the parties, is not used
to deny or delay a parent's right to a due process hearing or any other rights
afforded under the IDEA, and is conducted by a qualified and impartial mediator
who is trained in effective mediation techniques.
3. The Department of Education will maintain
a list of individuals who are qualified mediators and knowledgeable in laws and
regulations relating to the provision of special education and related
services. Mediators will be selected on a rotational basis from the
list.
4. The Department of
Education will bear the cost of the mediation process.
5. Each session in the mediation process must
be scheduled in a timely manner and must be held in a location that is
convenient to the parties to the dispute.
6. If the parties resolve a dispute through
the mediation process, the parties must execute a legally binding written
agreement that sets forth the resolution. A written signed mediation agreement
is signed by both the parent and a representative of the agency who has the
authority to bind the agency. The signed mediation agreement is enforceable in
any State court of competent jurisdiction or in a district court of the United
States.
7. Discussions that occur
during the mediation process must be confidential and may not be used as
evidence in any subsequent due process hearing or civil proceeding of any
Federal or State court.
8. An
individual who serves as a mediator may not be an employee of any LEA or the
Department of Education that is involved in the education or care of the child
who is the subject of the mediation process and must not have a personal or
professional interest that conflicts with the person's objectivity. A person
who otherwise qualifies as a mediator is not an employee of an LEA or
Department of Education solely because he or she is paid by the agency to serve
as a mediator.
9. A public agency
may establish procedures to offer to parents and schools who elect not to use
the Department of Education's mediation process the opportunity to meet, at a
time and location convenient to the parents and school, with a disinterested
party who is under contract with a parent training and information center or
established under Section 671 or 672 of the IDEA, or an appropriate alternative
dispute resolution entity, and who would explain the benefits of the mediation
process and encourage the parents to use the process. The Department of
Education will not establish such procedures.
10. A public agency may not deny or delay a
parent's right to a due process hearing if the parent fails to participate in
the meeting to discuss the benefits of mediation.
11. Either party may request mediation by
writing to the State Superintendent of Education, Attention: Special Education
Services, Post Office Box 302101, Montgomery, Alabama 36130-2101, or by calling
Special Education Services at (334) 242-8114 or (334) 242-8406 (TDD). A Special
Education Services' staff member will contact the other parties to determine if
mediation is desired.
12. If a due
process hearing has been requested, or a State complaint has been filed, the
parties may agree to use mediation to resolve the need for a due process
hearing or to resolve the State complaint.
13. The SEA will allow other state
enforcement mechanisms (a State complaint, mediation, or a due process hearing)
to seek enforcement of mediation agreements. The use of those mechanisms is not
mandatory and must not delay or deny a party the right to seek enforcement of
the written agreement in a State court of competent jurisdiction or in a
district court of the United States.
(c) Impartial Due Process Hearing Procedures.
An impartial due process hearing is available when a parent or the public
agency disagrees with any matter relating to a proposal or refusal to initiate
or change the identification, evaluation, educational placement of a child or
the provision of FAPE to a child. An impartial due process hearing may be
requested if the disagreement on which the request for a due process hearing
arises out of or relates to an alleged violation that occurred not more than
two years before the date the parent or public agency knew or should have known
about the alleged action that forms the basis of the request for a hearing.
However, the timelines may be extended if the parent was prevented from
requesting a hearing due to specific misrepresentations by the public agency
that it had resolved the problem forming the basis of the hearing request or
the public agency's withholding of information from the parent that was
required to be provided to the parent. The public agency must inform the parent
of any free or low-cost legal and other relevant services in the area any time
the parent requests the information, or if the parent or public agency
initiates a due process hearing. Nothing in this part shall be construed to
create a right of action on behalf of an individual student or class of
students for the failure of a particular public agency employee to be highly
qualified, or to prevent a parent from filing a State complaint about staff
qualifications. There is no right to due process solely based upon the failure
of a public agency employee to be highly qualified. The party filing the
hearing request has the burden of proof with respect to any claimed violation
or request for relief.
1. Procedures for
Requesting an Impartial Due Process Hearing.
(i) The parent, the attorney or a designated
person representing the parent, or an official from the public agency may
request an impartial due process hearing by sending a
signed
written request to the State
Superintendent of Education, Attention: Special Education Services, Post Office
Box 302101, Montgomery, Alabama 36130-2101. A copy of the written request for a
due process hearing must also be sent to the other party and must remain
confidential. The timelines referred to in this section begin when the
Department of Education receives the written request. The Department of
Education must forward a copy of the due process hearing request to the other
party involved in the hearing.
(ii)
When the parent, the attorney representing the parent, or an official from the
public agency, files a written request, the request must include the name of
the child, the address of the residence of the child, the name of the school
the child is attending, a description of the nature of the problem of the child
relating to the proposed or refused initiation or change, including facts
relating to the problem, and a proposed resolution of the problem to the extent
known and available to the party at the time. In the case of a homeless child
or youth [within the meaning of section 725(2) of the McKinney-Vento
Homeless Assistance Act (42
U.S.C. 11434a(2)], available contact information for the child and the name of the school the
child is attending must be provided in the request. A party may not have a
hearing until the party, or the attorney representing the party, files a
written request for a hearing that meets the requirements of this rule. A
sample form for filing a Request for Due Process Hearing can be found on the
Department of Education's Web site at www.alsde.edu. The use of the form is not required,
as long as another form or document used meets, as appropriate, the due process
request content requirements.
(iii)
The written request for a hearing must be deemed to be sufficient unless the
party receiving the written request for the hearing notifies the hearing
officer and the other party in writing within 15 calendar days of receipt of
the due process hearing request that the receiving party believes the request
is insufficient. Within five calendar days of receipt of the notification, the
hearing officer must make a determination on the face of the written request
for a hearing as to whether it meets the requirements for sufficiency and
immediately notify the parties in writing of that determination.
(iv) A party may amend its due process
request only if the other party consents in writing to such an amendment and is
given the opportunity to resolve the issue(s) through a resolution meeting, or
the hearing officer grants permission, except that the hearing officer may only
grant such permission to amend at any time not later than five calendar days
before a hearing begins. If a party files an amended request, the timelines for
a resolution meeting and the thirty-day resolution period begin again with the
filing of the amended request.
2. Response to a Request for a Due Process
Hearing. If the public agency has not sent prior written notice to the parent
regarding the issues contained in the parent's hearing request, the public
agency must, within ten calendar days of receiving the request, send to the
parent a response that includes an explanation of why it proposed or refused to
take the action raised in the hearing request; a description of other options
that the IEP Team considered and the reasons why those options were rejected; a
description of each evaluation procedure, assessment, record, or report used as
the basis for the proposed or refused action; and a description of the other
factors that are relevant to the proposed or refused action. Except as
provided, the party receiving a hearing request must, within ten calendar days
of receiving the request, send to the other party a response that specifically
addresses the issues raised in the hearing request. A response filed by a
public agency shall not be construed to preclude the public agency from
asserting that the parent's hearing request was insufficient, where
appropriate.
3. Resolution Process.
(i) Within 15 calendar days of receiving the
parent's hearing request and prior to the opportunity for a hearing, the LEA
must convene a meeting with the parent and the relevant member or members of
the IEP Team who have specific knowledge of the facts identified in the due
process hearing request. The meeting must include a representative of the
public agency who has decision-making authority on behalf of the agency and may
not include an attorney of the LEA unless the parent is accompanied by an
attorney. The purpose of the meeting is for the parents of the child to discuss
the due process hearing request and the facts that form the basis of the
request so that the LEA has the opportunity to resolve the issues. The
resolution meeting need not be held if the parent and the LEA agree in writing
to waive the meeting or they agree to use the State mediation process. The
parent and the LEA determine the relevant members of the IEP Team to attend the
resolution meeting.
(ii) If the LEA
has not resolved the issues to the satisfaction of the parents within 30
calendar days of the receipt of the due process hearing request, the due
process hearing may occur and the timeline for issuing a final decision on the
hearing request begins at the expiration of this 30-day resolution
period.
(iii) Except where the
parties have jointly agreed to waive the resolution meeting or to use
mediation, the failure of the parent filing a due process request to
participate in the resolution meeting will delay the timelines for the
resolution process and due process hearing until the meeting is held. If the
LEA is unable to obtain the participation of the parent in the resolution
meeting after reasonable efforts have been made (and documented using
procedures consistent to those regarding parent participation in IEP meetings),
the public agency may, at the conclusion of the thirty-day resolution period,
request that the hearing officer dismiss the parent's hearing
request.
(iv) If the LEA fails to
hold the resolution meeting within 15 calendar days of receiving notice of the
hearing request or fails to participate in the resolution meeting, the parent
may seek the intervention of the hearing officer to begin the due process
hearing timeline.
(v) The 45-day
timeline for the due process hearing starts the day after one of the following
events:
(I) Both parties agree in writing to
waive the resolution meeting,
(II)
After either the mediation or resolution meeting starts but before the end of
the 30-day period, the parties agree in writing that no agreement is possible,
or
(III) If both parties agree in
writing to continue the mediation at the end of the 30-day resolution period,
but later, the parent or public agency withdraws from the mediation
process.
(vi) If an
agreement is reached as to the issues in the due process hearing request at a
resolution meeting, the parties must execute a legally binding agreement that
is signed by both the parent and a representative of the public agency who has
the authority to bind the agency. The agreement is enforceable in any state
court of competent jurisdiction or in a district court of the United
States.
(vii) If the parties
execute an agreement, a party may void such agreement within three business
days of the agreement's execution.
(viii) The SEA will allow other state
enforcement mechanisms (a State complaint, mediation, or a due process hearing)
to seek enforcement of resolution agreements. The use of those mechanisms is
not mandatory and must not delay or deny a party the right to seek enforcement
of the written agreement in a State court of competent jurisdiction or in a
district court of the United States.
4. The Appointment of a Due Process Hearing
Officer. The appointment of the hearing officer must be made by the State
Superintendent of Education on a rotational basis.
5. Qualifications of Due Process Hearing
Officers. A hearing officer must not be a person who is an employee of the SEA
or the LEA that is involved in the education or care of the child, or a person
having a personal or professional interest that would conflict with his or her
objectivity in a hearing. The hearing officer must possess knowledge of, and
the ability to understand the provisions of the IDEA, Federal and State
regulations pertaining to the IDEA, and legal interpretations of the IDEA by
Federal and State courts; the knowledge and ability to conduct hearings in
accordance with appropriate, standard legal practice; and the knowledge and
ability to render and write decisions in accordance with appropriate, standard
legal practice. A person who otherwise qualifies to conduct a hearing is not an
employee of the education agency solely because he or she is paid by the
education agency to serve as a hearing officer.
6. Subject Matter of Due Process Hearings.
The party requesting the impartial due process hearing may not raise issues at
the due process hearing that were not raised in the written request for
hearing, unless the other party agrees otherwise.
7. Due Process Hearing Rights. Any party to a
hearing has the right to:
(i) Be accompanied
and advised by counsel and by individuals with special knowledge or training
with respect to the problems of children with disabilities; except that,
whether parties have the right to be represented by non-attorneys at due
process hearings is determined under State law.
(ii) Present evidence and confront,
cross-examine, and compel the attendance of witnesses.
(iii) Prohibit the introduction of any
evidence at the hearing that has not been disclosed to that party at least five
business days prior to the hearing.
(iv) Obtain a written or, at the option of
the parents, electronic, verbatim record of the hearing.
(v) Obtain written, or, at the option of the
parents, electronic findings of fact and decisions at no cost.
(vi) Parents involved in hearings must be
given the right to have the child who is the subject of the hearing present,
open the hearing to the public, and have the record of the hearing and the
findings of fact and decisions provided at no cost.
(vii) Have, no less than five business days
prior to a hearing, 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 from
introducing the relevant evaluation or recommendation at the hearing without
the consent of the other party.
8. Disclosure of Information. At least five
business days prior to the hearing, each party must disclose to all other
parties all evaluations completed by that date and recommendations based on the
offering parties evaluations. A hearing officer may bar any party that fails to
comply with this requirement from introducing the relevant evaluation or
recommendation at the hearing without the consent of the other party.
9. Parents' Responsibility in Due Process
Hearing Procedures.
(i) Prehearing
Activities.
(I) Request a due process hearing
that pertains to the proposal or refusal to initiate or change the
identification, evaluation, educational placement and/or the provision of FAPE
to the child; and
(II) Provide, at
least five business days before the hearing a list of potential witnesses to
the designated hearing officer. Each party is responsible for the attendance of
witnesses.
(III) Disclose evidence
to the other party at least five business days prior to the hearing. Do not
send a copy of the evidence to the designated hearing officer.
(IV) Cooperate with the hearing officer in
any business or communication and the planning for a location, date, and time
for the hearing.
(V) Inform the
hearing officer regarding their decision pertaining to the child's presence at
the hearing and to opening the hearing to the public.
(ii) Hearing Activities. Present their case
at the hearing.
10.
LEA's Responsibility in Due Process Hearing Procedures.
(i) Prehearing Activities.
(I) Inform the parents of any free or
low-cost legal and other relevant services available in the area.
(II) Provide a copy of the Special Education
Rights to the parent upon receipt of the first occurrence of a filing of a due
process hearing request in a school year.
(III) Provide, at least five business days
before the hearing a list of potential witnesses to the designated hearing
officer. Each party is responsible for the attendance of witnesses.
(IV) Disclose evidence to the other party at
least five business days prior to the hearing. Do not send a copy of the
evidence to the designated hearing officer.
(V) Provide parents and/or their
representative the opportunity to inspect and review their child's educational
records without unnecessary delay (not more than 45 calendar days after the
request has been made) and before a due process hearing, or resolution meeting
is conducted.
(VI) Cooperate with
the hearing officer in any business or communication and the planning for a
location, date, and time for the hearing.
(VII) Provide prior written notice as
required by the notice provisions under the IDEA.
(VIII) Within 15 calendar days of receiving
notice of the parent's due process hearing request, and prior to the initiation
of a due process hearing, the LEA must convene a meeting with the parent and
the relevant member or members of the IEP Team who have specific knowledge of
the facts identified in the due process hearing request.
(ii) Hearing Activities. Present the case at
the hearing.
11.
Department of Education's Responsibility in Due Process Hearing Procedures.
(i) Prehearing Activities.
(I) Appoint a qualified Due Process Hearing
Officer.
(II) Provide for a
qualified court reporter to make an official transcript of the
hearing.
(III) Arrange for an
interpreter, as needed.
(IV) Keep a
list of persons who serve as hearing officers, which must include a statement
of the qualifications of each person.
(ii) Hearing Activities.
(I) Ensure that not later than 45 days after
the expiration of the 30-day resolution period or the adjusted time periods, a
final decision is reached and a copy of the decision is mailed to each of the
parties.
(II) Maintain
comprehensive tracking and filing regarding each impartial due process hearing
to include, but not be limited to, all written correspondence, evidence,
decisions, and transcripts.
(III)
Transmit the hearing findings and decisions, after deleting any personally
identifiable information, to the Special Education Advisory Panel and make the
findings and decisions available to the public.
(IV) Provide for payment of the hearing
officer, court reporter, and interpreter.
12. Due Process Hearing Officer's
Responsibility in Hearings.
(i) Prehearing
Activities.
(I) Ensure that the issues raised
in the hearing request pertain to the proposal or refusal to initiate or change
the identification, evaluation, educational placement, and/or the provision of
FAPE. Identify and dismiss claims and issues that are not justiciable or
otherwise properly raised in a due process hearing.
(II) Ensure that the parties to the
proceedings have been properly identified, named and served, and have been
notified of the hearing and of the claims and issues to be addressed at the
hearing.
(III) Notify the
Department of Education, Special Education Services, of all interim or final
rulings or orders affecting the hearing. This includes, but is not limited to,
resolution meeting results, continuances, settlements, or specific extensions
of timelines.
(IV) Inform the
parties of his or her appointment as the hearing officer.
(V) Inform the parties of the availability of
mediation.
(VI) Establish a date,
time, and location for the hearing that is reasonably convenient to the
parent(s) and child involved.
(VII)
Establish a date, at least five business days prior to the hearing, for a
prehearing telephone conference to identify the specific issues to be addressed
in the hearing.
(VIII) Ensure that
the parties understand their rights pertaining to the hearing.
(IX) Utilize written correspondence to notify
the parties of hearing procedures and schedules. All telephone calls must be
followed by written notification.
(X) Obtain a list of representatives and
witnesses from the parties at least five business days prior to the
hearing.
(XI) Ensure that the
parties have disclosed evidence to each other at least five business days prior
to the hearing.
(XII) Inform the
parties regarding the format of the hearing.
(XIII) Advise the parties of the confidential
nature of the proceedings.
(XIV)
Determine if witnesses should be excluded from the hearing room. This may be
requested by either party.
(XV)
Make sure that the physical arrangement of the hearing room is
appropriate.
(XVI) Provide the
parties written notice of any specific extensions to the 30 calendar day
resolution timeline or the 45 calendar day hearing timeline.
(XVII) Make such rulings as necessary to
conduct the hearings.
(ii) Hearing Activities. The hearing officer
will conduct the hearing as outlined below:
(I) Call to order.
(II) Opening statement by the hearing
officer.
(III) Introductions of
himself/herself and principal parties.
(IV) Statement of opened or closed
hearing.
(V) Explanation of
procedural matters.
(VI) Statement
of issue(s) and purpose.
(VII)
Swearing in witnesses.
(VIII)
Exclusion of witnesses, if requested by either party.
(iii) Presentation of formal testimony.
(I) Explanation of format for presentation of
evidence.
(II) Opportunity for
opening statements by all of the principal parties. This is not part of the
evidence and will not be considered in the decision.
(III) Presentation of written evidence by
petitioner followed by the respondent. The written evidence may be presented
all together or as needed during the oral testimony. The impartial due process
hearing officer will mark each document for identification purposes and must
return all exhibits entered into evidence to the State Department of Education,
Special Education Services.
(IV)
Presentation of oral testimony by petitioner followed by the respondent. Each
witness must identify himself/herself by stating the name, address, position,
and relationship to the child. Oral testimony will be taken in the following
order:
I. Petitioner's Witnesses.
A. Examination by petitioner.
B. Cross-examination by respondent.
C. Reexamination by petitioner.
D. Recross-examination by
respondent.
E. Further examination
allowed at the hearing officer's discretion.
F. Questions by the hearing
officer.
II.
Respondent's Witnesses.
A. Examination by
respondent.
B. Cross-examination by
petitioner.
C. Reexamination by
respondent.
D. Recross-examination
by petitioner.
E. Further
examination allowed at the impartial due process hearing officer's
discretion.
F. Questions by the
hearing officer.
(V) General Procedures Pertaining to the
Hearing.
I. Only a principal party or their
attorney may question witnesses.
II. The hearing officer may dismiss witnesses
when it has been determined that neither party has further need for
them.
III. The hearing officer may
stop unnecessarily hostile or irrelevant pursuits in questioning.
IV. If a principal party fails to appear, the
hearing officer may hold the hearing after noting in the record that proper
notice was provided, or the hearing may be adjourned or postponed.
V. If a witness fails to appear, the hearing
can proceed with a notation in the record. If the evidence from the witness is
required, it may be taken at a later date. The hearing may be reconvened at a
later time to obtain the testimony.
VI. Written evidence provided by a witness
who does not appear may be accepted as fact if the other party
agrees.
VII. Summary statements by
the petitioner will be followed by the respondent. This is not part of the
evidence and will not be considered in the decision.
(VI) Closing statements by the hearing
officer.
I. When decision can be
expected.
II. Availability of the
record of the hearing.
III. Appeal
procedures. (iv) Posthearing activities.
(I)
Include in the decision.
I. Procedural
history.
II. Statement of the
facts.
III. Issues
presented.
IV. Discussion of
issues.
V. Conclusions.
VI. List of all documents introduced as
exhibits.
VII. Order.
VIII. Appeal rights, including time limits on
the filing of an appeal.
IX. Such
matters deemed necessary by the hearing officer to implement the
decision.
X. A hearing officer's
determination of whether a child received FAPE must be based on substantive
grounds. Due process hearing officers shall have no authority to resolve or
determine claims or issues or matters arising under State law (other than laws
or regulations adopted for the purpose of implementing the requirements of the
IDEA), or arising under federal laws other than the IDEA and its implementing
regulations. In matters alleging a procedural violation, the hearing officer
may find that a child did not receive FAPE only if the procedural inadequacies
impeded the child's right to FAPE; significantly impeded the parent's
opportunity to participate in the decision-making process regarding the
provision of FAPE to the child; or caused a deprivation of educational benefit.
Nothing here shall be construed to preclude the hearing officer from ordering
an LEA to comply with the procedural safeguards requirements. Nothing in this
shall be construed to affect the right of a parent to file a State complaint
with the Department of Education.
(II) Send copies of the written decision to
all parties and to the State Superintendent of Education, Attention: Special
Education Services.
(III) Submit
all correspondence, evidence, or any other information collected during the
hearing to the State Superintendent of Education, Attention: Special Education
Services, for filing and safeguarding.
(v)
Extension of Timelines. At the request of either party, the hearing officer may
grant extensions for specific amounts of time beyond the periods set for
impartial due process hearings. Documentation of extensions must be submitted
to the State Department of Education, Special Education Services.
13. Additional Impartial Due Process Hearing
Requests. Nothing in this part shall be construed to preclude a parent from
filing a separate hearing request on an issue separate from the request already
filed. All claims that are or that should be known to the party
filing the request for due process hearing at the time the initial due process
hearing request is filed should be asserted in the same hearing
request.
14. Child's Status During Hearing
Proceedings. Subsequent to a request and during the pendency of any
administrative or judicial proceeding, the child involved must remain in his or
her current educational placement unless the State or the LEA and parents agree
otherwise. If the request for hearing involves an application for initial
admission to public school, the child, with the consent of the parents, must be
placed in the public school until the completion of all the proceedings. If the
hearing request involves an application for initial services under Part B of
the IDEA for a child who is transitioning from Part C to Part B and is no
longer eligible for Part C services because the child has turned three, the
public agency is not required to provide the Part C services that the child has
been receiving. If the child is found eligible for special education and
related services under Part B and the parent consents to the initial provision
of special education and related services, then the public agency must provide
those special education and related services that are not in dispute between
the parent and the agency. If the hearing officer agrees with the child's
parents that a change of placement is appropriate, that placement must be
treated as an agreement between the State and the parents pending any
subsequent proceedings.
15. Civil
Action. The decision made by the hearing office is final except that, any party
agreed by the findings and decision has the right to bring a civil action with
respect with the due process hearing. In any civil action brought, the court
shall receive the records of the administrative proceedings; hear additional
evidence at the request of a party; and basing its decision on the
preponderance of the evidence, grant the relief that the court determines to be
appropriate. The district courts of the United States have jurisdiction of
actions brought under section 615 of the IDEA without regard to the amount in
controversy. Nothing here shall be construed to restrict or limit the rights,
procedures, and remedies available under the Constitution, the
Americans with Disabilities Act of 1990, Title V of the
Rehabilitation Act of 1973, or other Federal laws protecting
the rights of children with disabilities, except that before the filing of a
civil action under such laws seeking relief that is also available under this
part, the procedures under Ala. Admin Code r. 290-8-9-.08(9) must be
exhausted.
16. Timeline for Filing
Civil Action. The party bringing the civil action must file a notice of intent
to file a civil action within 30 days after receipt of the hearing decision.
The party must file the civil action within 30 days of the filing of the notice
of intent.
17. Attorneys' Fees. In
any action or proceeding brought under the procedural safeguards requirements
of IDEA, the court in its discretion may award reasonable attorneys' fees to a
prevailing party who is the parent of a child with a disability; to a
prevailing party who is a SEA or LEA against the attorney of a parent who files
a request for due process hearing or subsequent cause of action that is
frivolous, unreasonable, or without foundation, or against the attorney of a
parent who continued to litigate after the litigation clearly became frivolous,
unreasonable, or without foundation; or to a prevailing SEA or LEA against the
attorney of a parent, or against the parent, if the parent's request for a due
process hearing or subsequent cause of action was presented for any improper
purpose, such as to harass, to cause unnecessary delay, or to needlessly
increase the cost of litigation.
(i) Part B
funds may not be used to pay attorneys' fees or costs of a party related to any
action or proceeding under the procedural safeguards requirements of the IDEA.
However, this does not preclude a public agency from using Part B funds for
conducting an action or proceeding. Fees must be based on rates prevailing in
the community in which the action or proceeding arose for the kind and quality
of services furnished. No bonus or multiplier may be used in calculating the
fees awarded.
(ii) Attorneys' fees
may not be awarded and related costs may not be reimbursed in any action or
proceeding under the IDEA for services performed subsequent to the time of a
written offer of settlement to a parent if the offer is made within the time
prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case
of a due process hearing, at any time more than ten calendar days before the
proceeding begins, the offer is not accepted within ten calendar days; and the
court or hearing officer finds that the relief finally obtained by the parents
is not more favorable to the parents than the offer of settlement.
(iii) Attorneys' fees may not be awarded
relating to any meeting of the IEP Team unless the meeting is convened as a
result of an administrative proceeding or judicial action. A resolution meeting
conducted pursuant to these rules shall not be considered a meeting convened as
a result of an administrative hearing or judicial action or an administrative
hearing or judicial action for purposes of this section.
(iv) An award of attorneys' fees and related
costs may be made to a parent who is the prevailing party and who was
substantially justified in rejecting the settlement offer.
(v) The court reduces, accordingly, the
amount of attorneys' fees awarded if the court finds that:
(I) The parent or parent's attorney, during
the course of the action or proceeding, unreasonably protracted the final
resolution of the controversy;
(II)
The amount of the attorneys' fees otherwise authorized to be awarded
unreasonably exceeds the hourly rate prevailing in the community for similar
services by attorneys of reasonably comparable skill, reputation, and
experience;
(III) The time spent
and legal services furnished were excessive considering the nature of the
action or proceeding; or
(IV) The
attorney representing the parent did not provide to the LEA the appropriate
information in the request for the due process hearing in accordance with these
rules.
(V) The provisions of this
section do not apply in any action or proceeding if the court finds that the
State or the local agency unreasonably protracted the final resolution of the
action or proceeding or there was a violation of section 615 of IDEA.
Author: Joseph B. Morton
Statutory Authority: Code of Ala. 1975, Title 16, Chapter 39; 20 U.S.C. 1400 et seq.; 34 CFR §300.
Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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