least restrictive environment least restrictive environment ©pacer center, inc., 2005
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LEAST RESTRICTIVE ENVIRONMENTLEAST RESTRICTIVE ENVIRONMENT
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“...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)
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State funding mechanisms shall not result in more restrictive
placements
States must revise policies when needed to ensure that funding
mechanisms do notresult in placement
SEC. 602 (5)
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“…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)
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PROCEDURAL SAFEGUARDSPROCEDURAL SAFEGUARDS
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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 meetingsSEC. 615 (a)
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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 consentSEC 615 (a.)
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Notice in native language of parent unless it is clearly not feasible to do so
Written Prior NoticeSEC. 615 (b)
Written notice - whenever the public agency proposes or refuses to initiate or change:
identification
evaluation
educational placement
provision of FAPE
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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 NoticeSEC. 615 (b)
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Filing a complaintSEC. 615 (b)
Alleged violation within 2 years of action
Complaining party in a due process complaint
provides notice to other and the StateName, address of child (available contact information for homeless child)Name of school child attendsDescription of the problemDesired solution
No due process hearing without proper notice
SEA has model form to assist parents to file State complaint and due process complaint
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Filing a complaintSEC. 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
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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 noticeSEC. 615 (d)
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voluntary
no cost to parent or school
trained impartial mediator
cannot delay hearing
confidential (cannot be used at hearing)
written agreement (binding)
timely and in a convenient location
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Resolution session: LEA sets meetingwithin 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
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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 education2. substantially impeded parents’ participation in FAPE decisions for their child3. caused a deprivation of educational benefits
Either party may appeal a hearing decision
Parent or LEA may initiate
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