The School District shall establish and implement a plan for the appropriate declassification of students with disabilities which must include:
a) The regular consideration for declassifying students when appropriate;
b) A reevaluation of the student prior to declass-ification; and
c) The provision of educational and support services to the student upon declassification.
The School District must evaluate a student with a disability prior to determining that a student is no longer a student with a disability and the District shall provide a copy of the evaluation report and the documentation of eligibility to the student’s parent. The District is not required to conduct a reevaluation of a student before the termination of a student’s eligibility due to graduation with a local high school or Regent diploma or exceeding the age eligibility for a free appropriate public education. However, prior to the student’s graduation from high school with a local or Regents diploma or before he/she receives an Individualized Education program (IEP) diploma. The results of any reevaluations must be addressed by the Committee on Special Education (CSE) in a meeting to review and, as appropriate, revise the student’s IEP.
Prior to the reevaluation, the School District shall obtain informed parental consent unless otherwise authorized pursuant to law and/or regulation. Parental consent need not be obtained if the District can demonstrate that it has taken reasonable measures to obtain that consent, and the student’s parents fail to respond. The District must have a record of its attempts to obtain parental consent. Should the student’s parents refuse consent for the reevaluation, the District may continue to pursue the reevaluation by using mediation and/or due process procedures.
The District shall take whatever action is necessary to ensure that the parent understands the proceedings at the meeting of the CSE, including arranging for an interpreter for parents with deafness or whose native language is other than English.
As part of any reevaluation, a group that includes the CSE and other qualified professionals, as appropriate, shall review existing evaluation data on the student including evaluations and information provided by the parents of the student, current classroom-based assessments and observations, and observations by teachers and related services providers.
On the basis of that review, and input from the student’s parents, the CSE and other qualified professionals, as appropriate, shall identify what additional data, if any, are needed to determine:
a) In the case of a reevaluation of a student, whether the student continues to have such a disability:
b) The present levels of performance and educational needs of the student;
c) In the case of a reevaluation of a student, whether the student continues to need special education: and
d) Whether any additions or modifications to the special education services are needed to enable the student to meet the measurable annual goal set out in the Individualized Education Program (IEP) of the student and to participate, as appropriate, in the general curriculum.
If additional data are not needed, the District must notify the parents of that determination and the reasons for it and of the right of the parents to request an assessment to determine whether, for purposes of services provided in accordance with law and Commissioner’s Regulations, the student continues to be a student with a disability. The District is not required to conduct the assessment unless requested to do so by the student’s parents.
The CSE shall arrange for an appropriate reevaluation of each student with a disability at least every three (3) years by a multidisciplinary team or group of persons, including at least one teacher or other specialist with knowledge in the area of the student’s disability. The reevaluation shall be sufficient to determine the student’s individual needs, educational progress and achievement, the student’s ability to participate in instructional programs in regular education and the student’s continuing eligibility for special education. The results of any reevaluations must be addressed by the CSE in reviewing and, as appropriate, revising the student’s IEP.
Recommendation for Declassification
If the student has been receiving special education services, but it is determined by CSE that the student no longer needs special education services and can be placed in a regular educational program on a full-time basis, the recommendation shall:
a) Identify the declassification support services, if any, to be provided to the student; and/or the student’s teachers: and
b) Indicate the projected date of initiation of such services, the frequency of provision of such services, and the duration of these services, provided that such services shall not continue for more than one year after the student enters the full-time regular education program.
Declassification Support Services
When appropriate, the District shall provide declassification support services to students who have moved from special education to a full-time regular educational program in accordance with the recommendation of the CSE.
Declassification support services means those services provided by persons appropriately certified pursuant to Part 80 of Commissioner’s Regulations, or holding a valid teaching license in the appropriate area of service, to a student or the student’s teacher to aid in the student’s move from special education to full-time regular education, including:
a) For the student, psychological services, social work services, speech and language improvement services, noncareer counseling, and other appropriate support services; and
b) For the student’s teacher, the assistance of a teacher aide or a teaching assistant, and consultation with appropriate personnel.
Procedural Safeguards Notice
The District shall use the procedural safeguards notice prescribed by the Commissioner of Education. The District will further ensure that the procedural safeguards notice is 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. If the native language or other mode of communication of the parent is not a written language, the District shall take steps to ensure that the notice is translated orally or by other means to the parent in his/her native language or other mode of communication; that the parent understands the content of the notice; and that there is written evidence that all due process procedures, pursuant to law and/or regulation, have been met.
20 United States Code (U.S.C.) Sections 1400-1485, Individuals with Disabilities Education Act (IDEA) 34 Code of Federal Regulations (C.F.R.) Part 300 State Law – Education Law Sections 4401-4410-a
8 New York Code of Rules and Regulations
(NYCRR) Sections 100.l(q), 100.2(u), 200.2(b)(8), 200.4(b)(4) and (5), 200.4(c)(3), 200.4(d)(l), and 200.5
New York State Education Department Procedural Safeguards Notice: Rights for Parents of Children with Disabilities, Ages 3-21
Parents are vital members of a team called the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) that is responsible for developing an appropriate educational program for your child. You must be given opportunities to participate in the discussion and decision making process about your child’s needs for decision making process about your child’s needs for special education. The following information concerns procedural safeguards – your legal rights under Federal and State laws to be involved and make sure that your child receives a free appropriate public education.
Procedural safeguards notice is provided:
1) Upon initial referral for evaluation of your child.
2) With each notice of a CSE or CPSE meeting.
3) Upon reevaluation of your child.
4) When the District receives a letter from you requesting an impartial hearing.
5) When a decision is made to suspend or remove your child for discipline reasons that would result in a disciplinary change in placement.
There are many times when the School District must notify (tell) you in writing of its proposed (planned) action and ask for your written consent (permission) to carry out this action.
Consent means that:
1) You have been informed, in the language you speak or other kind of communication that you understand, of all the information about the activity for which your permission is asked.
2) You understand and agree in writing to the activity for which your permission is needed.
3) Your permission is given freely and may be withdrawn at any time. However, if you withdraw your consent, it is not retroactive (it will not apply to actions already taken by the District).
Your consent will be requested when:
1) Your child will be evaluated for the first time by the Committee to decide if he or she has a disability and needs special education.
2) Your child is recommended to receive special education services and programs for the first time.
3) Your child is recommended to receive twelve-month special education services and/or programs during July and August for the first time.
4) Your child will be reevaluated.
5) The School District proposes to use your private insurance. In this case, you must be notified that, if you refuse to allow the School District to access (use) your private insurance, the District is still responsible to provide all required services at no cost to you.
6) Another agency other than a school requests to review records about your child. The request for consent will include information about the records that will be released and to whom they will be given.
Notices: Prior Notice and Meeting Notice
As a parent of a child with a disability or suspected disability, you will receive notices to tell you about proposed special education services, meetings and your rights. Notice is a written statement provided to you in the language you speak or other kind of communication that you understand unless it is clearly not possible to do so. If the language you speak at home (your native language) or other kind of communication you understand is not a written language, the District must take steps to make sure that the notice is translated orally or by other means (such as sign language) so that you understand the notice. You have the right to ask for an interpreter, translator or reader for the meetings.
In addition to this procedural safeguards notice, you will also receive:
1) Prior notices and
2) Notices of meetings.
Prior notice is written notice that is given to you a reasonable time before the School District proposes to or refuses to start or change the identification, evaluation, or educational placement or the provision of a free appropriate education to your child.
Prior notice must include:
1) A description of the action offered or refused by the CSE or CPSE.
2) An explanation of why the School District will or will not take action.
3) A description of any other options (choices) the School District considered and the reasons why those choices were refused.
4) A description of each evaluation, procedure, test, record or report the School District used as a reason to offer or refuse an action.
5) A description of any other factors that are relevant to the District’s decision.
6) A statement that you have protection under the law. This legal protection is called procedural safeguards and they are listed in the procedural safeguards notice. If the procedural safeguards notice is not included with the prior notice, the prior notice will describe the ways you can obtain (get) a copy of a description of the procedural safeguards.
7) Sources for you to contact to get assistance in understanding the special education process and your rights.
If the prior notice relates to an action by the School District that requires your consent, the District will give you notice at the same time they request your consent. You should also receive prior notice before your child graduates from high school with a local or Regents diploma or before he/she receives an Individualized Education Program (IEP) diploma.
Notice of Meetings
Whenever the Committee proposes to conduct a meeting to develop or review your child’s IEP or to discuss the provision of a free appropriate public education to your child, you must receive a meeting notice.
1) You must receive a written meeting notice at least five days before the meeting unless you and the School District agree to meet within five days or in certain meetings relating to discipline procedures. If the proposed meeting time or place is not good for you, you may call the School District to ask for a change that is good for both of you.
2) If you are unable to attend the meeting, the District can use other ways to encourage your participation. They may call you before a meeting occurs to talk about evaluation results and ask you for information, or they may ask you to participate in the meeting by telephone.
A Meeting Notice must include:
1) The purpose of the meeting and the date, time, location and names and titles of the persons expected to attend the meeting.
2) A statement that you have the right to participate as a member of the Committee.
3) A statement telling you that you may bring anyone to the meeting who has knowledge or special expertise about your child.
4) A statement of your right to ask the school physician to be at the meeting of the CSE. (This does not apply to parents of preschool children.) You must do this in writing at least 72 hours before the meeting.
5) A statement that you may request in writing that the additional parent member of the Committee not participate in the meeting of the Committee.
6) If the meeting is a Subcommittee meeting, a statement that you may make a written request to the full Committee if you disagree with the recommendation of a Subcommittee.
7) For students for whom a meeting will be held to consider transition services, a statement that indicates the purpose of the meeting and that the student will be invited and lists any other agencies that will be invited to send a representative.
8) For preschool students, a statement that you have the opportunity to address the Preschool Committee in writing or in person.
Your Child’s Educational Records
You have the right to ask for and read records about your child unless the District has been legally notified in writing that your rights as a parent have been terminated under State law (such as special cases of guardianship, separation and divorce). You have the right to ask for and receive explanations and interpretations of the records from your School District. You may also receive copies of your child’s educational records. The School District may charge a reasonable cost for copies of the records. However, if you cannot afford the fee, you still have the right to review and receive the records. You may also have your representative inspect and review the records. Upon your request, the School District must make your child’s records available to you:
1) Within a reasonable time.
2) In no case more than 45 calendar days after you ask.
3) Before any meeting about your child’s IEP.
3) Before any due process hearing about your child’s special education needs.
Personal information about your child may not be released without your consent unless it is:
1) Given to school officials or teachers with a legitimate educational interest, State and local educational authorities, or certain individuals designated under Federal Law.
2) Used to meet a requirement under Federal Law.
Individual Educational Evaluation
An individual educational evaluation means any procedures, tests, or assessments, including observations, given individually to your child to find out whether he or she has a disability and/or to identify his/her special education needs. The term does not include basic tests given to groups of children in a school, grade or class.
The results of the evaluation must be shared with you. When the CSE or CPSE has conducted an evaluation for determining your child’s eligibility for special education, you must be provided a copy of the evaluation report and documentation of determination of eligibility In addition, if you are the parent of a preschool child, the CPSE must also give you a copy of the summary report of the findings of the evaluation.
Independent Educational Evaluation
An independent educational evaluation (IEE) of your child means a procedure, test or assessment done by a qualified examiner who does not work for the School District or other public agency responsible for the child’s education. You may get an IEE at District expense if you disagree with the evaluation arranged for by the School District. If you ask the School District to pay for the IEE, the School District may ask, but not require, you to explain the reason why you object to the District’s evaluation. The School District may not unreasonably delay either providing the IEE or initiating an impartial hearing to defend the District’s evaluation.
Independent evaluators (outside testers) must meet the same qualifications as School District evaluators and follow the accepted evaluation procedures. The School District must provide you with a copy of its policy regarding the criteria (rules) upon which an IEE can be reimbursed including the location of the evaluation and the qualifications of the evaluator.
You have the right to:
1) Receive, when you ask your School District, information about where an IEE may be obtained and the School District’s criteria under which the evaluation is obtained.
2) Request an IEE at District expense. However, the School District may ask for an impartial hearing to show that its evaluation is appropriate. If the impartial hearing officer (IHO) finds that the District evaluation is appropriate, you have the right to obtain and submit an IEE to the CSE or CPSE, but the District does not have to pay for it.
3) Have the results of an independent IEE discussed by the CSE or CPSE as part of its review and in the develop-ment of your child’s IEP. The results of the IEE can be used as evidence at an impartial hearing.
4) Have an IEE at District expense if the IHO asks for this evaluation as part of an impartial hearing.
Opportunity to Present Complaints
You have the right to submit a written complaint to the New York State Education Department if you believe that your School District has violated procedures under State or Federal special education laws and regulations. Your complaint must include a statement that the School District has violated special education law or regulations and include the facts on which you base your statement. You must send the original signed written complaint to:
Manager, Special Education Policy & Quality Assurance Office of Vocational and Educational Services for Individuals with Disabilities
One Commerce Plaza, Room 1624
Albany, NY 12234
The alleged violation must have occurred not more than one year prior to the date of the complaint:
1) Unless the violation is continuing; or
2) The complaint is requesting compensation services. This only applies to alleged violations that occurred not more than three years prior to the date of the complaint.
A determination must be made within 60 calendar days of
receipt of the complaint unless exceptional circumstances exist.
Special Education Mediation
Special education mediation is a voluntary process for you and the School District which all School Districts must offer parents as a way to work out disagreements with the recommen-dations of the CPSE/CSE. You and a person chosen by the Board of Education (BOE) meet with a qualified and impartial mediator from the Community Dispute Resolution Center (CDRC) who helps in reaching agreement about the recommendation for your child.
Mediation is at no cost to you. If you decide to use mediation, you must ask for it by writing to the BOE. If you decide not to use mediation, someone may call you from the CDRC to talk about the benefits of mediation.
You have the right to:
1) Mediation by a qualified and impartial mediator from a CDRC.
2) Mediation held in a timely manner and at a place that is good for you and the District.
3) Have any agreements made during mediation written down. Written agreements may be presented as part of the record at an impartial hearing.
4) Have discussions that occur during the mediation process be confidential and not used as evidence in any impartial hearing or civil proceedings. Parties to the mediation process may be required to sign a confiden-tiality pledge prior to the mediation.
5) Request an impartial hearing at any time.
Impartial Due Process Hearing
An impartial hearing is a formal proceeding in which disagreements between you and the School District are decided by an impartial hearing officer (IHO) appointed by the BOE.
1) Your request for an impartial hearing must be made in writing to the BOE.
2) You must also provide written notice that describes the facts relating to your concerns and a proposed solution and states your child’s name, address and the name of the school your child attends. A form can be obtained from your local School District to request an impartial hearing or mediation. If you do not give the inform-ation stated above, it may result in a reduction of an award of attorneys’ fees by a court.
3) An impartial hearing may be initiated by you or the BOE if the CPSE/CSE proposes or refuses to start, continue or change the identification, evaluation or educational placement of your child or the provision of a free appropriate public education (FAPE) to your child.
4) For school-age children, the School District must begin an impartial hearing when you refuse to give consent for:
a) An initial evaluation (During the 30-day period, the District must provide you an opportunity for an informal conference to discuss the request for an initial evaluation and the request may be subsequently withdrawn.);
b) The initial provision of special education to your child:
c) The initial provision of twelve-month special education service and/or program to your child; or
d) A reevaluation of your child.
5) For three- and four-year-old children, the School District may not begin a hearing if you refuse to give consent to initial evaluation, initial provision of special education, or the initial provision of a twelve-month special education service and/or program to your child.
6) The impartial hearing is at no cost to you. You may have to pay your own attorneys’ fees. If requested by you, the School District must provide you with information on free or low cost legal and other relevant services.
At an impartial due process hearing, you have the right to:
1) Have and be advised by an attorney and/or by individuals with special knowledge or training about the education of students with disabilities.
2) Present evidence and testimony, and question, cross-examine and require the attendance of witnesses.
3) Receive information, including evaluations and recommendations, at least five business days before the hearing (or three business days in the case if an expedited due process hearing) and to stop such information from being presented that was not exchanged between both parties on time.
4) Receive, at your option, a written or electronic word-for-word record of the hearing and word-for-word findings of fact and the decision of the IHO.
5) Have the hearing open to the public.
6) Have your child present during the hearing.
7) Have an interpreter for the deaf or an interpreter fluent in your native language (the language normally used by you), if necessary, at no cost to you.
8) Have an impartial hearing conducted at a time and place that is reasonably convenient for you and your child.
9) Receive an expedited due process hearing for certain disciplinary decisions.
Timelines for Impartial Hearings
1) The decision of an IHO in an impartial hearing must be issued no later than 45 calendar days after the receipt of a request for a hearing for a school-age child, or 30 calendar days for a preschool child. However, the IHO may extend the time for a specific period at the request of you or the School District.
2) The decision of an IHO in an expedited due process hearing for discipline purposes must be completed within fifteen business days after the receipt of the request for the hearing, provided that the IHO may grant specific extensions at your or the School District’s request. The IHO must mail a written decision to the parties within five business days after the last hearing date, but in no event later than forty-five calendar days after receipt of the request, without exceptions or extensions.
State-Level Appeal of IHO Decisions
The decision made by the impartial hearing officer is final unless you or the School District ask for a review of the decision of the IHO (called an appeal) by the State Review Officer (SRO). An appeal must be in writing and be received by the SRO within 30 calendar days after you and the School District receive the decision of the IHO.
The State Review Officer (SRO) must:
1) Make sure that steps taken at the hearing agree with due process requirements.
2) Obtain additional evidence, if necessary.
3) Direct that a hearing be held if the SRO decides that more spoken evidence is necessary. If a hearing is held, all the parent rights listed under impartial hearings continue. A review involving spoken and/or written arguments (at the discretion of the SRO) must be held at a time and place that is reasonably convenient to you and your child.
4) Make an independent decision after a complete review of the hearing record.
5) Make a final decision within 30 calendar days after receiving the request for a review. The SRO may extend the time beyond the 30 days at the request of you or the School District. The extension must be for a specific time.
6) Mail copies of the written or, at your option, electronic findings of fact and the decision to you or your attorney and the BOE within the 30-day period.
Court Appeal of SRO Decision
The decision of the SRO is final unless either you or the School District seeks review of the SRO’s decision in either State Supreme Court or Federal Districts Courts within four months from the date of the SRO’s decision.
Pendency: The Student’s Placement During Due Process Hearings
During any hearing or appeal, your child will remain in his or her current educational placement. This is sometimes referred to as “pendency”, “stay-put” or “status-quo.”
Your preschool child will stay in his or her current placement during any hearing or appeal, unless you and the school agree in writing to other arrangements.
A child who has received early intervention services and is now of preschool age may, during hearings and appeals, receive special education in the same program as the early intervention program if that program is also an approved preschool program.
If your preschool child is currently not receiving special education services and programs, he or she may, during any hearings or appeals, receive special education services and programs if you and the school agree.
During any hearing or appeal, your school-age child will stay in the school placement he or she is in now, unless you and the School District agree in writing to other arrangements.
If the disagreement involves initial admission to public school, you have the right to have your school-age child placed in a public school program with your consent until all proceedings are over.
If the due process proceeding concerns consent for an initial evaluation, your child will not be evaluated while the proceeding is pending.
A child who received preschool special education services and is now school age may, during hearings and appeals, remain in the same program as the preschool program if that program also has an approved school-age special education program.
Court Appeal of SRO Decision
If you or the school is appealing a decision of a State Review Officer to a court, pendency is as follows:
If a State Review Officer issues a placement decision that agrees with the parents, pendency during any subsequent appeal to a court is the placement decided by the State Review Officer.
If the State Review Officer issues a placement decision that agrees with the School District, pendency during any subsequent appeal to a court is your child’s current educational placement.
Interim Alternative Educational Setting (IAES) for Discipline Purposes
If your child is receiving services in an IAES for discipline purposes, he or she must remain in that IAES until an impartial hearing officer makes a determination about placement or until the end of the forty-five calendar days, whichever occurs first, unless you and the School District otherwise agree.
1) However, if the Committee proposes to change the placement at the end of the IAES and you challenge the proposed change in placement, pendency for your child will be the current educational placement (placement prior to removal to the IAES).
2) A hearing officer may place your child in an IAES again because the School District believes that it is dangerous for the student to stay in his or her current educational placement.
A court may award reasonable attorneys’ fees to the parents or guardian of a child with a disability if they are the party who wins the hearing. Attorneys’ fees may be lowered if you unreasonably delay an agreement or a decision in the case; if the fees, time spent or services of your attorney exceed reasonable rates; or if you failed to provide the information required when you request a hearing. However, attorneys’ fees will not be reduced if a court finds that the State or School District unreasonably delayed the final resolution of the action or proceeding or there was a violation of your child’s due process rights. Attorneys’ fees may not be awarded:
1) Relating to any meeting of the CSE or CPSE unless the meeting is held as a result of an administrative proceeding or court action.
2) For mediation that is conducted prior to the filing of a request for an impartial hearing.
3) If a written offer of settlement is made by the School District within 10 calendar days prior to the proceeding, you do not accept the offer within 10 calendar days and the court or hearing officer finds that the decision is not more favorable to the parents than the offer of settlement.
Reimbursement for Placement Made by Parents in a Private School
1) You have the right to a free appropriate public education for your child.
2) If you are the parent of a child who previously received special education program and/or services through the School District and you place your child in a private school, you are responsible for the cost.
3) However, if you can prove at an impartial hearing or State-Level or court appeal that the School District did not provide your child with a free appropriate public education in a timely manner prior to that enrollment in private school and that the school you choose is appropriate to meet your child’s educational needs, the School District may be required to reimburse you for the cost of the placement.
4) Your reimbursement may be denied or reduced if you do not:
a) Inform the School District at the most recent CSE or CPSE meeting you attend that you are rejecting the placement proposed by the School District and state your concerns and that you will be placing your child at a private school at public expense, or
b) Provide the School District with written notice at least 10 business days prior to placing your child in the private school. Note that there are exceptions for special circumstances.
5) If the School District gave you written notice prior to your removing your child from public school that it wants to evaluate your child, you must make your child available for the evaluation. If you refuse to make your child available, any request for tuition reimbursement may be reduced or denied.
6) If you do not inform the School District or make your child available for the evaluation, or if there are other unreasonable actions on your part, an impartial hearing officer or court may reduce or deny the reimbursement of costs of the private school for your child.
The procedures for the discipline of students with disabilities must be in accordance with section 3214 of the Education Law and Subpart 200-1 of the Regulations of the Commissioner of Education. While the school has the authority to suspend or remove your child for violating the school’s code of conduct, you and your child have certain rights throughout the process.
You have the right:
1) To be notified immediately by telephone, if possible, and to receive written notice within 24 hours if the suspension is for 5 school days or less. The notice should describe the incident, suspension and your child’s rights. You also have the right to request an informal conference with the school principal.
2) To receive written notice of your opportunity for a Superintendent’s Hearing, if the suspension is for more than 5 consecutive school days, which describes your child’s rights to counsel and to question and present witnesses.
3) For your child to receive alternate instruction during the first 10 days of any suspension or removal to the same extent as nondisabled students, if your child is of compulsory school age.
4) For your child to receive education services necessary to enable your child to progress in the general education curriculum and appropriately advance toward achieving his or her IEP goals if your child is suspended or removed for more than 10 school days in a school year.
5) For your child also to have services to address the behavior that resulted in the disciplinary action if your child is removed to an interim alternative educational getting.
6) To have the CSE develop or review and implement a behavioral intervention plan for your child that is based on the results of a functional behavioral assessment, if your child is suspended or removed for more than 10 school days in a school year.
7) To a CSE meeting to determine whether your child’s behavior which led to the disciplinary action is related to his or her disability (manifestation determination), for suspensions or removals in excess of 10 school days in a school year that would constitute a disciplinary change in placement.
8) For your child not to be suspended or removed for behaviors that are determined to be related to your child’s disability, except for suspensions or removals 10 school days or less in a school year and for removals to interim alternative educational settings.
9) To challenge, in an expedited due process hearing before an impartial hearing officer, the decision of the school regarding the relationship between your child’s behavior that resulted in a disciplinary action and his or her disability (manifestation determination).
10) To challenge, in an expedited due process hearing before an impartial hearing officer, any placement decision related to discipline.
Interim Alternative Educational Settings
1) Drugs/Weapons: School authorities may remove your child to an interim alternative educational setting for up to 45 calendar days if your child carries or possesses a weapon to or at school, on school premises, or to a school function, or knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function.
2) Dangerousness: An impartial hearing officer may order the removal of your child to an interim alternative educational setting in a dangerous situation (i.e., maintaining the student in the current educational placement is substantially likely to result in injury to your child or to others).
3) An interim alternative education setting is a temporary educational placement for a period of up to 45 calendar days, other than your child’s current placement, that:
a) Enables your child to continue to progress in the general education curriculum;
b) provides services and modifications described in the IEP to meet the IEP goals; and
c) Includes services and modifications to address the behavior that resulted in the disciplinary action and are designed to prevent the behavior from reoccurring.
4) As a parent, you have the right to challenge, in an expedited due process hearing, the decision to place your child in an interim alternative educational setting. During this process, unless you and the school otherwise agree to another placement, your child will remain in the interim alternative educational setting until the period of time of the removal expires, but not more than 45 days. However, an impartial hearing officer can extend the placement in the interim alternative educational setting.
Students with disabilities, students presumed to have a disability for discipline purposes, and students referred far special education while subject to disciplinary action.
1) Students with disabilities: A student who has been identified by a CSE or a CPSE as a student with a disability must be afforded all the due process rights in this notice.
2) Students presumed to have a disability: If you believe that the School District had knowledge that your child was a child with a disability prior to the behavior that resulted in the disciplinary action, you have the right to assert that your child is a student presumed to have a disability. If it is determined that the District did, in fact, have such knowledge, then your child has all the rights and protections in this notice.
3) Students not yet identified as a student with a disability: If you request an initial evaluation of your child during the time period in which your child is subjected to disciplinary measures, the evaluation must be conducted in an expedited manner (completed no later than 15 school days after you request the evaluation with a CSE meeting to determine eligibility no later than 5 school days after the completion of the expedited evaluation). Until the evaluation is completed, your child remains in the educational placement determined by school authorities, which can include suspension.