Both you and the school share in your child’s education. If you or the school has issues or concerns about your child’s education, you and your child’s teacher should openly discuss the issues.  We urge you to be actively involved in your child’s education.

As parents of children who are, or may be, exceptional, you have certain rights or procedural safeguards under federal and state laws.  These rights are listed in this statement of Parent Rights in Special Education.  This list of your rights must be given to you in your native language or in a communication method you can understand.  If you would like a more detailed explanation of these rights, please contact the principal at your child's school, a school administrator, the special education director, or the Kansas State Department of Education (KSDE), 120 SE 10th Avenue, Topeka, KS 66612; phone (800) 203-9462.  Copies of these rights in Braille, audiotape, and other languages are available from your school upon request.  For more information about your rights, you may ask for a copy of the Guide to Special Education from Families Together, Inc. (785) 233-4777 or (800) 264-6343, or the Kansas State Department of Education (800) 203-9462.

OPPORTUNITY TO EXAMINE RECORDS

As the parent of a child with an exceptionality, you must be afforded an opportunity to--

• Inspect and review all education records with respect to:
• Identification (process to determine eligibility);
• Evaluation (nature and scope of assessment procedures);
• Placement (educational placement of your child); and
• FAPE (the provision of a free appropriate public education to your child).

INDEPENDENT EDUCATIONAL EVALUATION

You have the right to get an independent educational evaluation of your child if you disagree with the school’s evaluation.   The school must provide you, upon request for an independent evaluation, information about where an independent educational evaluation may be obtained, and the criteria applicable for independent educational evaluations.  

1.     What is an independent evaluation?

      An "independent educational evaluation" means an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for your child's education.

2.        What does "public expense" mean? 

      "Public expense" means that the school either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to you.

3.            What if you request an independent evaluation at public expense?

      If you request an independent educational evaluation at public expense, the school must, without unnecessary delay, either:

• ask for a due process hearing to show that its evaluation was appropriate; or
• ensure that an independent educational evaluation is provided at public expense, unless the school demonstrates in a due process hearing that the evaluation which you obtained did not meet the criteria applicable for independent educational evaluations.

If the final decision of the due process hearing is that the school’s evaluation is appropriate, you still have the right to an independent educational evaluation, but it will not be paid for by the school.

If you request an independent educational evaluation, the school may ask for the reason(s) why you object to the school's evaluation.  However, your explanation is not required and the school may not unreasonably delay either providing the independent educational evaluation at public expense or asking for a due process hearing to defend its evaluation.

4.        What if you obtain an independent educational evaluation at your expense?

      If you obtain an independent educational evaluation at private expense, the results of the evaluation must be considered by the school, if it meets the applicable criteria, in any decision made with respect to the provision of a free appropriate public education to the child; and may be presented as evidence at a due process hearing regarding your child.

5.     What if a hearing officer requests an independent educational evaluation?

If a hearing officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation must be at public expense.  If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria the school uses when it conducts an evaluation, to the extent the criteria are consistent with your right to an independent educational evaluation.   Except for the criteria, a school may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.

PRIOR NOTICE BY THE SCHOOL

1.     How will I be informed of proposed actions regarding my child's special education needs?

      Your school will inform you of actions being proposed about your child by giving you written notice.

      Written notice must be given before the school--

      Proposes or Refuses to initiate or change the:

• Identification (process to determine eligibility);
• Evaluation (nature and scope of assessment procedures);
• Educational Placement (educational placement of your child including graduation); or
• FAPE (the provision of a free appropriate public education to your child).

2.        What must be included in the content of the notice?

            Written notice must include:

• A description of the action proposed or refused by the school;
• An explanation of why the school proposed or refused to take the action;
• A description of any other options the school considered and the reasons why those options were rejected;
• A description of each evaluation procedure, assessment, record, or report the school used as a basis for the action proposed or refused;
• A description of any other factors that are relevant to the school’s proposal or refusal;
• A statement that you have protection under these Parent Rights (procedural safeguards), and how you may get a copy of them; and
• Sources for you to contact to obtain assistance in understanding your rights.

If the school is proposing an action concerning your child, you must be given written notice about the proposed action a reasonable time before the action is taken.  If the school refuses to take some action requested by you, you must be given written notice of the refusal within a reasonable time after the decision is made to deny your request.   The school must take steps to be sure that you understand the information in any notice given to you.

3.     Must the Written Notice be in understandable language?

Written notice must be in language understandable to the general public and in your native language or other principal mode of communication, unless it is clearly not feasible to do so.  If this is not a written language, the school must take steps to ensure that the notice is translated orally or by other means into your native language or other mode of communication.  If your language is not a written language, the school district must assure that you understand the notice, and it must document that you understand the notice.

4.     When will the school take the action described in the notice?

      After you have received the written notice, you have the opportunity to consider the actions proposed or refused by the school.  You may agree or disagree with the school's proposal or refusal.  You can allow the school to start the proposed action by giving consent in writing.

COPY OF PARENT RIGHTS (PROCEDURAL SAFEGUARDS)

A copy of the Parent Rights (procedural safeguards) must be given to you at least one time per year.  However a copy of the Parent Rights notification must also be given to you--

• Upon initial referral or parental request for evaluation;
• Upon receipt of your first request for a due process hearing;
• Upon a disciplinary removal of your child from school that would constitute a change of placement; and
• Upon your request.

PARENT CONSENT

1.     What does consent mean?

Consent means that--

• You have been fully informed of all information relevant to the activity for which your consent is sought, in your native language or other mode of communication;
• You understand and agree in writing to the carrying out of this activity for which your consent is sought, and the consent describes that activity and lists the records (if any) that will be released and to whom; and
• You understand that the granting of consent is voluntary on your part and may be revoked at any time.  If you revoke consent, that revocation is not retroactive (i.e., it does not reverse an action that has occurred after the consent was given but before consent was revoked).

            Consent is immediate.  This means, after you have given your written consent, the school district must start the activity as soon as possible.

2.     When must the school obtain my consent?

      Your consent is required--

• Before your child is evaluated for the first time to determine whether your child is eligible for special education; [Consent for initial evaluation may not be construed as consent for initial placement.]
• Before your child's special education and related services start for the first time;
• Before your child is tested as part of a reevaluation.   Informed parental consent need not be obtained for reevaluation if the school can demonstrate that it has taken reasonable measures to obtain your consent, and you have failed to respond.  Reasonable measures include records of telephone calls made or attempted and the results of those calls; copies of correspondence sent to the parents and any responses received; and records of visits made to the parents' home and the results of those visits.
• According to state law, you must also give written consent when the school proposes to change the amount of a service by 25% or more, or to change your child’s placement for more than 25% of the school day.   Your refusal to consent to these types of proposed changes will not result in a failure to provide your child with a free and appropriate public education.

      Your consent is not required before--

• School officials review existing data as part of an evaluation or a reevaluation; or
• School officials administer a test or other assessment that is administered to all children unless, before administration of that test or assessment, consent is required of parents of all children.

3.     Can I refuse consent?

      Yes.  If you refuse consent for initial evaluation or re-evaluation the school can ask you to go to mediation on the issue or, when authorized by law, it can start a due process hearing to decide the issue.   The school may not use mediation or due process to override parent refusal to consent to the initial provision of special education and related services.  If you refuse consent for a change in the amount of service by 25%, or to change placement for more than 25% of the school day, the public agency must initiate mediation and/or a due process hearing to ensure that your refusal to consent does not result in a failure to provide your child with a free, appropriate, public education.

4.     Can I withdraw my consent after it has been given?

      Yes.  You have the right to change your mind.  Giving consent is voluntary.  You can revoke (withdraw) your consent at any time by writing the school or the special education director.  Revoking consent does not negate an action that has occurred after the consent was given and before the consent was revoked.  Again, if you revoke consent, the school can ask you to go to mediation on the issue or it can start a due process hearing to decide the issue.

5.        What are the limitations on my consent?

      The school must ensure that your refusal to consent to one service or activity does not deny you or your child from receiving other services, benefits, or activities provided by the school.

VOLUNTARY MEDIATION

1.        What is mediation?

Mediation is a way to discuss and resolve disagreements between you and the school with the help of a trained, impartial third person.

2.        When must mediation be available?

      Each school must ensure that it has established procedures to allow parties to disputes to resolve the disputes through a mediation process that, at a minimum, must be available whenever a due process hearing is requested regarding a proposal or refusal to initiate or change the identification, evaluation or educational placement of your child or the provision of a free appropriate public education to your child.   In no case will a parent’s right to a due process hearing be delayed or denied if a parent refuses to participate in mediation, or does not attend a meeting to have the benefits of mediation explained to them.

3.              How does mediation occur?

        The school must ensure that the mediation process--

• Is voluntary on the part of the parties;
• Is not used to deny or delay your right to a due process hearing or to deny any other rights that you have under the Individuals with Disabilities Education Act (IDEA); and
• Is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.

4.              Will a meeting to encourage mediation be required?

• Yes, when parents elect not to mediate, they may be required to meet at a time and location convenient to the parents with a Families Together advocate or an appropriate alternate dispute resolution entity.
• At this meeting the Families Together advocate, or other alternate dispute resolution representative, will explain the benefits of mediation and encourage the parents to use the process.

5.        What are the qualifications of an impartial mediator?

        An individual who serves as a mediator may not be an employee of --

• Any school, even if different from your school; or
• State agency that receives a subgrant under the IDEA; or
• A state education agency that is providing direct services to a child who is the subject of the mediation process.   

In addition, an impartial mediator--

• Must not have a personal or professional conflict of interest; and
• Is not an employee of a school or state agency solely because he or she is paid by the agency to serve as a mediator.

6.        How are mediators appointed?

        The Kansas State Department of Education (KSDE) maintains a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services.  Mediators are selected on a random basis from a list of qualified mediators.  The Kansas State Department of Education bears the cost of the mediation process, including the cost of meetings.  The mediation sessions are scheduled in a timely manner and held in a location that is convenient to the parties to the dispute.

7.        What happens if agreement is reached?

        An agreement reached by the parties to the dispute is set forth in a legally binding written mediation agreement that is enforceable in a state or federal court.

8.        Are discussions confidential?

        Yes.  Discussions that occur during the mediation process must be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings.  The parties to the mediation process are required to sign a confidentiality pledge prior to the commencement of the process.

9.        How can I request mediation?

        The school has procedures that require you to provide written notice that you are requesting mediation. 

IMPARTIAL DUE PROCESS HEARING

1.        What is a due process hearing?

A due process hearing is a formal legal process through which any disagreement between you and the school is resolved by an impartial hearing officer.

2.        What happens when a due process hearing is requested?

A parent or a school may initiate a hearing on any of the matters relating to the identification, evaluation or educational placement of a child or relating to the provision of services to the child (except that a school may not use mediation or a due process hearing to override a parent’s refusal to consent to the initial provision of special education and related services).  When you request a due process hearing--

• The school must inform you of the availability of mediation.
• The school must also inform you of any free or low-cost legal and other relevant services in the area, if you request the information.

3.        Does the school conduct the due process hearing?

No.      The due process hearing is arranged and paid for by the school district responsible for the education of your child but it is conducted by an impartial hearing officer.

4.            How can I request a due process hearing?

The law requires that you or your attorney provide a written due process complaint notice to the school and to the Kansas State Department of Education (which must remain confidential) that you are requesting a due process hearing.