Procedural Due Process
Procedural Due Process is afforded to parents/legal guardians and students being considered for eligibility as well as for those that are determined to be eligible.
Procedural Due Process notification is required to be given to parents/guardians and students when:
Parents/Guardians and Students have the right to the following:Parental/Guardian signature is required to reflect receipt of their rights.
- Initial Eligibility is determined
- Initial Eligibility is not determined
- Reevaluation of eligibility is conducted and eligibility is continued.
- Reevaluation of eligibility is conducted and the student is exited.
- Reevaluation due to disciplinary change in placement.
- Right to have your child with impairments identified under Section 504 to take part in, and receive benefits from public education programs without discrimination because of her or his disability.
- Right to receive all information in the parent’s or guardian’s native language or primary other mode of communication.
- Right to have your child receive a free appropriate public education which includes the right of the child to be educated with students without disabilities to the maximum extent appropriate.
- Right to have your child have equal opportunity to participate in school programs and extracurricular activities sponsored by the school.
- Right to receive notice a reasonable time before a district identifies, evaluates or changes your child’s placement.
- Right to inspect and review all of your child’s educational records, including the right to obtain and the right to amend the record if you believe information contained in the record is inaccurate or misleading. If the school district refuses to amend the record, you have a right to request a hearing.
- Right to have educational evaluation and placement decisions made based on information from a variety of sources and by persons who know the needs of the student, meaning of evaluation date and placement options.
- Right to periodic reevaluation and evaluation before any significant change in placement.
- Right to an impartial hearing if you disagree with the school district’s proposed action. You will be an active participant. You have the right to be represented by counsel in the impartial hearing process. You have the right to appeal the impartial hearing officer’s decision.