Autism Society of the Bluegrass

Education

Draft Procedural Safeguards

The Kentucky Department of Education is seeking review of its draft of the Procedural Safeguards manual. Following is the purpose and contents of the document. The KDE would like as many people as possible to review the 13-page document. If you are interested in reviewing it, contact Melanie Tyner-Wilson at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it to get a copy.

Purpose

This procedural safeguards notice is intended to meet the Individuals with Disabilities Education Act (IDEA) requirements to fully explain in writing the procedural safeguards available under the IDEA (20 U.S.C. 1415(d)(2)). As a parent of a child who may have disabilities and need special education and related services, you have certain protections guaranteed by the Individuals with Disabilities Education Act (IDEA). The IDEA is a federal law and one purpose of the IDEA is to make sure that all children with disabilities have available a free appropriate public education (FAPE) that includes special education and related services designed to meet their unique needs.

Each public school district must use procedural safeguards to make sure that the rights of a child with a disability are protected.

Contents

When will I be notified and may I participate in meetings?
Is my consent required?
May I see my child’s education records?
What is an "independent" educational evaluation?
May I file complaints?
What is mediation?
What is required in a due process hearing?
May I appeal the hearing officer’s decision?
What if I disagree with the appeal decision?
What about my attorney’s fees?
What is my child’s placement ("stay put") during the due process proceedings?
Is my child subject to placement in an "interim alternative educational setting"?
May I enroll my child in a private school at public expense?
What happens when my child reaches the "age of majority?"

Getting Control of the IEP Process Manual

How to use over 100 changes in the law to get what your child deserves.

Our POWER Advocacy Services 108-Page Analysis Manual. Includes Appendix A to the 1999 IDEA Regulations and 20 USC 1414(d) of the IDEA Statute.

This HOW-TO manual gives you information on preparing for your IEP meeting, participation at your IEP meeting and how to get any needed revisions after the meeting.

Take control from planning to implementation! http://www.reedmartin.com/iepchecklist.html

ASK REED (Volume Two) ANSWERS to Special Education Questions (Including Strategies to Get the Services You Need). This 65 page manual is filled with more answers to our most often asked questions, including:

school nursing services
preventing repeated suspension and expulsions
assistance to parents in home
hearing officer bias
access to playground equipment
staff signing the IEP who were not at the meeting
when the school will not respond to parents’ letters
test accommodations
tape recording the IEP meeting
getting your school to put in place the required positive behavior
interventions, strategies and supports
choosing methodology at the IEP meeting
plus 26 other topic areas.

For complete contents and information: http://www.reedmartin.com/askreedtwo.html

Your Protection Against Retaliation

http://www.reedmartin.com/retaliation.html

Many parents have a natural response that they do not want to make a complaint and make the school mad at them. If your current relationship with your school is working for you and your child, great. Keep it up.

But if you are going to have to make complaints, make them in writing at the proper level. In making such a complaint you are engaged in an activity that is "protected" under the Americans with Disabilities Act (and Section 504 and the IDEA).

Our national history of people standing up for their civil rights, or for the civil rights of others, has been one of retaliation by those in power. The Congress recognized this in passing the ADA and consequently when you are engaged in the "protected activity" of advocacy for your child, for yourself, or for others under these federal acts, you have a right against "retaliation," "coercion," "threats," "intimidation" or "interference" with your advocacy efforts.

Ask your school in writing for their written policies on this and for the in-service that they have conducted with staff, particularly administrators and teachers, in regard to your rights to advocate without facing retaliation.

If you feel you have been retaliated against, immediately address that in writing as part of your complaint.

One of your complaint mechanisms should be the grievance procedures that your school must have established under Section 504 and the ADA. Write your school for a copy of those and try to make them work.