Sec. 1.
(a) The
public agency shall establish, maintain, and implement procedures in accordance
with this section to ensure that students with disabilities and their parents
are afforded procedural safeguards with respect to the provision of a free
appropriate public education by the agency.
(b) The written notice of procedural
safeguards shall be:
(1) a standard
notice;
(2) written in language
understandable to the general public;
(3) provided in the:
(A) native language; or
(B) other mode of communication;
used by the parent unless it clearly is not feasible to do
so; and
(4)
printed in a format that is easy to read.
(c) When the native language or other mode of
communication of the parent is not a written language, the public agency shall
take steps to ensure the following:
(1) The
procedural safeguards are translated orally or by other means to the parent in
his or her native language or other mode of communication.
(2) The parent understands the content of the
notice.
(3) There is written
documentation that the requirements of this subsection are met.
(d) A copy of the notice of
procedural safeguards shall be given to the parent of a student with a
disability one (1) time a school year, except that a copy also must be given to
the parent upon:
(1) initial referral or
parental request for evaluation;
(2) receipt of the first filing of a
complaint under
511 IAC 7-45-1 in a
school year;
(3) receipt of the
first due process hearing request under
511 IAC
7-45-3 in a school year;
(4) the date the public agency decides to
make a removal that results in a disciplinary change of placement under 511 IAC
744-2, which includes removals to interim alternative education settings for:
(A) weapons;
(B) drugs; and
(C) serious bodily injury;
under
511
IAC 7-44-6; and
(5) request by a parent.
(e) A public agency may place a copy of the
notice of procedural safeguards on its Internet website if a website exists.
However, such posting does not satisfy the requirement of providing the notice
of procedural safeguards to a parent.
(f) The written notice of procedural
safeguards must include a full explanation of the following:
(1) The parent's right to receive written
notice before the public agency proposes to initiate or change, or refuses to
initiate or change, the:
(A) identification,
evaluation, or educational placement of the student; or
(B) provision of a free appropriate public
education to the student;
as required in
511
IAC 7-40-4,
511 IAC 7-40-8,
511
IAC 7-42-4, and
511
IAC 7-42-7.
(2) The prerequisite of written parental
consent, as defined in
511 IAC
7-32-17, for the following:
(A) An initial evaluation, as required in
511
IAC 7-40-4(h).
(B) A reevaluation, as required in
511 IAC
7-40-8(i), unless the parent fails to
respond to a public agency's reasonable efforts to obtain consent as described
in
511 IAC
7-40-8(k).
(C) Initial special education services, as
required in
511
IAC 7-42-7(f).
(D) A public agency's access to a student's
public benefits or insurance programs or private insurance proceeds, as
required in
511 IAC
7-33-4.
(E) The release of a student's educational
records, in accordance with
511 IAC
7-38-1(q)(1), to officials of
participating agencies providing or paying for transition services under and in
accordance with
511 IAC
7-43-3.
(F) The exchange of educational records, in
accordance with
511 IAC
7-38-1(q)(2), regarding a
parentally-placed nonpublic school student, between officials of the public
agency where the nonpublic school is located and the school district of legal
settlement, as required in
511 IAC
7-34.
(G)
The public agency inviting, under
511 IAC
7-42-3(d), a representative of any
participating agency (other than the public agency) likely to be responsible
for providing or paying for transition services.
(H) An excusal, under
511 IAC
7-42-3(h), of a CCC member described
in
511 IAC
7-42-3(b)(1) through
511 IAC
7-42-3(b)(4), from a CCC meeting, in
whole or in part, when the meeting involves a modification to or discussion of
the member's area of the curriculum or related services.
(3) The parent's right to the following:
(A) To participate as a member of the CCC and
the requirements of
511 IAC
7-42-5 and
511
IAC 7-42-6.
(B) To request a CCC meeting, under
511 IAC
7-42-5(a)(3), if he or she believes
that a required component of the IEP should be changed to ensure the provision
of a free appropriate public education.
(C) To request one (1) or both of the
following in accordance with
511 IAC
7-40-5(h):
(i) A copy of the initial educational
evaluation report, at no cost to the parent, prior to the CCC
meeting.
(ii) A meeting with an
individual who can explain the results of the educational evaluation prior to
the CCC meeting.
(D) To
request a reevaluation as described in
511 IAC
7-40-8.
(E) To obtain an independent educational
evaluation as described in
511 IAC
7-40-7, including the following:
(i) The right to have the results of the
independent educational evaluation considered by the CCC or the independent
hearing officer in a due process hearing.
(ii) The circumstances under which an
independent educational evaluation may be obtained at public expense.
(iii) The criteria that must be met when an
independent educational evaluation is conducted at public expense.
(4) The parent's rights
with regard to the student's educational record as described in
511 IAC
7-38, including the following:
(A) Accessing the record.
(B) Inspecting and reviewing the
record.
(C) Challenging information
in the record.
(D) Amending
information in the record.
(E) The
consent required for disclosure, use, and destruction of records under
511 IAC
7-38-1.
(F) Any fees associated with copying the
record.
(5) The transfer
of rights to the student at eighteen (18) years of age under
511 IAC
7-43-5, unless a guardian or an educational
representative has been appointed for the student.
(6) The availability of mediation and the
mediation process under
511 IAC
7-45-2.
(7) The right of the parent, or any
interested party, to file a complaint in accordance with
511 IAC
7-45-1.
(8) The parent's right to request a due
process hearing, in accordance with
511 IAC
7-45-3, to challenge the public agency's proposed or
refused action regarding a student with a disability.
(9) The difference between a complaint and
due process hearing request, including the following:
(A) The jurisdiction of each procedure,
including what issues may be raised under each procedure.
(B) The allowable time period in which to
file a:
(i) complaint; or
(ii) due process hearing request.
(C) The opportunity for the public
agency to resolve a:
(i) complaint;
or
(ii) a parent's request for a
due process hearing.
(D)
The filing procedures for:
(i) complaints;
and
(ii) requests for due
process.
(E) The
decisional timelines for:
(i) complaints;
and
(ii) due process
hearings.
(10) The student's placement during the
pendency of any due process hearing in accordance with
511
IAC 7-44-8 and
511 IAC
7-45-7(u).
(11) Due process hearings, including
requirements for disclosure of evaluation results and recommendations, as
described in
511 IAC
7-45-7.
(12) Civil action, including the time period
in which to file a civil action, as described in
511 IAC
7-45-9.
(13) Attorney's fees, as described in
511 IAC
7-45-11.
(14) The requirements under
511
IAC 7-34-10 for a parent's unilateral placement of a
student with a disability in a nonpublic school at public expense.
(15) The protections and procedures for
students who are subject to the following:
(A)
Disciplinary changes of placement under
511 IAC
7-44-2, which includes manifestation determinations
under
511 IAC
7-44-5.
(B) Placement in an interim alternative
educational setting as described in
511
IAC 7-44-6 and
511
IAC 7-44-7.
(16) The protections for students who have
not been determined eligible for special education and related services under
511
IAC 7-44-9.
(17) Reporting of crimes allegedly committed
by students to appropriate authorities as described in
511 IAC
7-38-1(o) and
511
IAC 7-44-10.
(18) The names and addresses of agencies and
organizations, including the public agency, that provide assistance to parents
in understanding this article.