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Section 1

ak dept education

special ed handbook
SECTION 1
PARENT RIGHTS

A parent of a child with a disability has specific rights or procedural safeguards under IDEA 2004. The District is required to adopt the parents' rights statement developed by the Department of Education & Early Development, referred to as the Notice of Procedural Safeguards (refer to Appendix E, Section 3).

When Rights Are Provided

The District must give parents a copy of the Notice of Procedural Safeguards once a year, except:
  1. Upon initial referral or parental request for an evaluation.
  2. Upon the first occurrence of the filing of a due process hearing.
  3. Upon request of a parent.
INTERNET WEBSITE

A local education agency may place a current copy of the Notice of Procedural Safeguards on its Internet website.

PROCEDURAL SAFEGUARDS CONTENTS

The Procedural Safeguards Notice shall include a full explanation of the procedural safeguards, written in the native language of the parents (unless it clearly is not feasible to do so) and written in an easily understandable manner, relating to:
  1. independent evaluations
  2. prior written notice
  3. parental consent
  4. access to educational records
  5. the opportunity to present and resolve complaints, including:
    1. the time period in which to make a complaint
    2. the opportunity for the agency to resolve the complaint; and
    3. the availability of mediation
  6. the child's placement during pendency of due process proceedings
  7. procedures for the students who are subject to placement in an interim alternative educational setting
  8. requirements for unilateral placement by parents of children in private schools at public expense
  9. due process hearings, including requirements for disclosure of evaluation results and recommendations
  10. state-level appeals (if applicable in that State)
  11. civil actions, including the time periods in which to file such actions
  12. attorney's fees

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