LEAST RESTRICTIVE ENVIRONMENT LEAST RESTRICTIVE ENVIRONMENT ©PACER Center, Inc., 2005

“...To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled” SEC. 602 (5) ©PACER Center, Inc., 2005

State funding mechanisms shall not result in more restrictive placements States must revise policies when needed to ensure that funding mechanisms do not result in placement SEC. 602 (5) ©PACER Center, Inc., 2005

“…services and other supports in regular education classes or other education-related settings that enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate….” SEC. 602 (33) ©PACER Center, Inc., 2005

PROCEDURAL SAFEGUARDS PROCEDURAL SAFEGUARDS ©PACER Center, Inc., 2005

Parents must have the opportunity to— Examine all education records in their child’s file Participate in all meetings related to the evaluation, identification and educational placement and the provision of FAPE for their child School records and meetings SEC. 615 (a) ©PACER Center, Inc., 2005

Before: Initial evaluation or reevaluation, consistent with State law Initial provision of special education and related services Written consent is not required for review of existing data as part of evaluation or reevaluation Consent for evaluation is not an agreement for placement in special education Written parental consent SEC 615 (a.) ©PACER Center, Inc., 2005

Notice in native language of parent unless it is clearly not feasible to do so Written Prior Notice SEC. 615 (b) Written notice - whenever the public agency proposes or refuses to initiate or change: identification evaluation educational placement provision of FAPE ©PACER Center, Inc., 2005

Content of notice proposed or refused action why action is proposed/refused where parents may obtain procedural safeguards who parents can contact about understanding their rights options considered & rejected all records used by the district in reaching a decision factors relevant to proposal/refusal Written Prior Notice SEC. 615 (b) ©PACER Center, Inc., 2005

Filing a complaint SEC. 615 (b) Alleged violation within 2 years of action Complaining party in a due process complaint provides notice to other and the State  Name, address of child (available contact information for homeless child)  Name of school child attends  Description of the problem  Desired solution No due process hearing without proper notice SEA has model form to assist parents to file State complaint and due process complaint ©PACER Center, Inc., 2005

Filing a complaint SEC. 615 (b) State complaint is an allegation that a law is not being followed A due process hearing may resolve disagreements about the amount, type, intensity, frequency or location of service Filing a complaint can be either an assertion that a LEA is not in compliance with the law, or a due process hearing request ©PACER Center, Inc., 2005

Given only 1 x per year, except upon initial referral or request for evaluation first occurrence of the filing of a complaint request by parent Contents: Full explanation of procedural safeguards In parents’ native language unless clearly not feasible to do so Written in easily understandable manner Procedural safeguards notice SEC. 615 (d) ©PACER Center, Inc., 2005

èvoluntary èno cost to parent or school è trained impartial mediator ècannot delay hearing èconfidential (cannot be used at hearing) èwritten agreement (binding) ètimely and in a convenient location ©PACER Center, Inc., 2005

Resolution session: LEA sets meeting within 15 days of parent’s written complaint LEA, parents and IEP team members discuss complaint and resolution If LEA has not resolved issues within 30 days, a hearing may occur Parents / LEA may agree to waive meeting NOTICE Written settlement is legally binding Parent or LEA may initiate ©PACER Center, Inc., 2005

Hearing decision is based on whether child received FAPE Procedural violation: child did not receive FAPE only if the procedural inadequacies– 1. impeded the child’s right to a free appropriate public education 2. substantially impeded parents’ participation in FAPE decisions for their child 3. caused a deprivation of educational benefits Either party may appeal a hearing decision Parent or LEA may initiate ©PACER Center, Inc., 2005