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Special Ed 101
I'm going to due process!
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<blockquote data-quote="Sheila" data-source="post: 85603" data-attributes="member: 23"><p>"Inappropriate purposes" is a key word. Parents have to "disagree" with the sd evaluation.</p><p></p><p>I tried to post to this last night but I couldn't for some reason -- I think the board may have been down temporarily.</p><p></p><p>I'm late for work and have to run, but I saved some research for you to MS Word.</p><p></p><p>Sec. 300.502 Independent educational evaluation.</p><p><a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E502%2C" target="_blank">http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E502%2C</a></p><p></p><p><a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E503%2Cb%2C" target="_blank">http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E503%2Cb%2C</a></p><p></p><p>Sec. 300.503 Prior notice by the public agency; content of notice.</p><p>(a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency--</p><p>(1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or</p><p>(2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.</p><p>(b) Content of notice. The notice required under paragraph (a) of this section must include--</p><p>(1) A description of the action proposed or refused by the agency;</p><p>(2) An explanation of why the agency proposes or refuses to take the action;</p><p>(3) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;</p><p>(4) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;</p><p>(5) Sources for parents to contact to obtain assistance in understanding the provisions of this part;</p><p>(6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and</p><p>(7) A description of other factors that are relevant to the agency's proposal or refusal.</p><p>(c) Notice in understandable language.</p><p>(1) The notice required under paragraph (a) of this section must be--</p><p>(i) Written in language understandable to the general public; and</p><p>(ii) Provided 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.</p><p>(Authority: 20 U.S.C. 1415(b)(3) and (4), 1415(c)(1), 1414(b)(1))</p><p></p><p>Prior Written Notice by ed.gov <a href="http://idea.ed.gov/download/modelform2_Prior_Written_Notice.pdf" target="_blank">http://idea.ed.gov/download/modelform2_Prior_Written_Notice.pdf</a></p></blockquote><p></p>
[QUOTE="Sheila, post: 85603, member: 23"] "Inappropriate purposes" is a key word. Parents have to "disagree" with the sd evaluation. I tried to post to this last night but I couldn't for some reason -- I think the board may have been down temporarily. I'm late for work and have to run, but I saved some research for you to MS Word. Sec. 300.502 Independent educational evaluation. [url="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E502%2C"]http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E502%2C[/url] [url="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E503%2Cb%2C"]http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E503%2Cb%2C[/url] Sec. 300.503 Prior notice by the public agency; content of notice. (a) Notice. Written notice that meets the requirements of paragraph (b) of this section must be given to the parents of a child with a disability a reasonable time before the public agency-- (1) Proposes to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child; or (2) Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child. (b) Content of notice. The notice required under paragraph (a) of this section must include-- (1) A description of the action proposed or refused by the agency; (2) An explanation of why the agency proposes or refuses to take the action; (3) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action; (4) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; (5) Sources for parents to contact to obtain assistance in understanding the provisions of this part; (6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and (7) A description of other factors that are relevant to the agency's proposal or refusal. (c) Notice in understandable language. (1) The notice required under paragraph (a) of this section must be-- (i) Written in language understandable to the general public; and (ii) Provided 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. (Authority: 20 U.S.C. 1415(b)(3) and (4), 1415(c)(1), 1414(b)(1)) Prior Written Notice by ed.gov [url="http://idea.ed.gov/download/modelform2_Prior_Written_Notice.pdf"]http://idea.ed.gov/download/modelform2_Prior_Written_Notice.pdf[/url] [/QUOTE]
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