Special Education Notice
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MICHIGAN CITY AREA SCHOOLS
Child Find and Procedural Safeguards Child Find It is the responsibility of the Department of Integrated Student Support Services to locate any youngster aged 3-5, and/or student aged 5 through 21 in need of special education. Our Department is committed to developing “common sense” procedures for the identification and location of all students requiring special education and/or Section 504 protection, including the professional development of all staff working with diverse populations. A student is eligible for special education services if they meet the requirements in the Indiana State Board of Education, Special Education Rules Title 511 Article 7, and Rules 32-49 in one or more of the following categories: Autism Spectrum Disorder Blind or Low Vision Cognitive Disability Deaf or Hard of Hearing Deaf-Blind Developmental Delay (Early Childhood) Emotional Disability Language or Speech Impairment Multiple Disabilities Other Health Impairment Orthopedic Impairment Specific Learning Disability Traumatic Brain Injury Procedural Safeguards The Michigan City Area Schools (MCAS) shall establish, maintain, and implement to ensure that students with disabilities and their parents are afforded procedural safeguards with respect to the provision of a free appropriate public education. A copy of the notice of procedural safeguards (written in the parents’ native tongue) shall be given to the parent of a student with a disability one (1) time a school year, except that a copy also must be given to the parent upon: (1) initial referral or parental request for evaluation; (2) receipt of the first filing of a complaint (3) receipt of the first due process hearing request in a school year; (4) the date the public agency decides to make a removal that results in a disciplinary change of placement, which includes removals to interim alternative education settings for: (A) weapons; (B) drugs; and (C) serious bodily injury; and (5) request by a parent. MCAS has placed a copy of the notice of procedural safeguards on its Internet website, but this posting is not to be misconstrued as meeting this requirement. (1) The parent's right to receive written notice before the public agency proposes to initiate or change, or refuses to initiate or change, the: (A) identification, evaluation, or educational placement of the student; or (B) provision of a free appropriate public education to the student. (2) The prerequisite of written parental consent for the following: (A) An initial evaluation; (B) A reevaluation unless the parent fails to respond to a public agency's reasonable efforts to obtain consent; (C) Initial special education services (D) A public agency's access to a student's public benefits or insurance programs or private insurance proceeds, (E) The release of a student's educational records, (F) The exchange of educational records, (G) The public agency inviting, a representative of any participating agency (other than the public agency) likely to be responsible for providing or paying for transition services. (H) An excusal, under 511 IAC 7-42-3(h), of a CCC member from a CCC meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services. (3) The parent's right to the following: (A) To participate as a member of the CCC (B) To request a CCC meeting if he or she believes that a required component of the IEP should be changed to ensure the provision of a free appropriate public education. (C) To request one (1) or both of the following: A copy of the initial educational evaluation report, at no cost to the parent, prior to the CCC meeting. A meeting with an individual who can explain the results of the educational evaluation prior to the CCC meeting. (D) To request a reevaluation; (E) To obtain an independent educational evaluation, including the right to have the results of the independent educational evaluation considered by the CCC or the independent hearing officer in a due process hearing; the circumstances under which an independent educational evaluation may be obtained at public expense, and/or the criteria that must be met when an independent educational evaluation is conducted at public expense. (4) The parent's rights with regard to the student's educational, including (A) Accessing the record. (B) Inspecting and reviewing the record. (C) Challenging information in the record. (D) Amending information in the record. (E) The consent required for disclosure, use, and destruction of (F) Any fees associated with copying the record. (5) The transfer of rights to the student at eighteen (18) years of age, unless a guardian or an educational representative has been appointed for the student. (6) The availability of mediation and the mediation process (7) The right of the parent, or any interested party, to file a complaint (8) The parent's right to request a due process hearing, to challenge the public agency's proposed or refused action regarding a student with a disability. (9) The difference between a complaint and due process hearing request, including the following: (A) The jurisdiction of each procedure, including what issues may be raised under each procedure. (B) The allowable time period in which to file a complaint; or due process hearing request. (C) The opportunity for the public agency to resolve a complaint; or a parent's request for a due process hearing. (D) The filing procedures for complaints; and requests for due process. (E) The decisional timelines for complaints; and due process hearings. (10) The student's placement during the pendency of any due process hearing. (11) Due process hearings, including requirements for disclosure of evaluation results and recommendations. (12) Civil action, including the time period in which to file a civil action. (13) Attorney’s fees. (14) The requirements for a parent's unilateral placement of a student with a disability in a nonpublic school at public expense. (15) The protections and procedures for students who are subject to the following: (A) Disciplinary changes of placement, which includes manifestation determinations (B) Placement in an interim alternative educational setting. (16) The protections for students who have not been determined eligible for special education and related services. (17) Reporting of crimes allegedly committed by students to appropriate authorities. (18) The names and addresses of agencies and organizations, including the public agency, that provide assistance to parents in understanding this article. (19) A parent may elect to receive the written notice of procedural safeguards by an electronic mail communication if the public agency makes that option available. CONFIDENTIALITY OF INFORMATION MCAS must annually notify, in writing, parents of students currently in attendance, or students of legal age currently in attendance, of their rights regarding confidentiality of personally identifiable information. The notice must inform parents or students of legal age that they have the right to the following: (1) Inspect and review the student's educational record with respect to the: (A) identification, evaluation, and educational placement of the student; and (B) provision of a free appropriate public education to the student. (2) Seek amendment of the student's educational record that the parent or student of legal age believes to be: (A) inaccurate; (B) misleading; or (C) otherwise in violation of the student's privacy rights. (3) Consent to disclosures of personally identifiable information contained in the student's educational record, except to the extent that this rule authorizes disclosure without consent. (4) File a complaint concerning the public agency's alleged failure to comply with the requirements of this rule. A copy of the Michigan City Area Schools offers a complete copy of the Procedural Safeguards/Parent Rights and Options by contacting Dr. Michael P. Livovich, Director of the Department of Integrated Student Support Services at 219-873-2000 or through electronic mail (E-mail) [email protected]. |