NOTICE:
1.) Right to be notified and
present at all meetings before the agency initiates or changes (or refuses to
initiate or change) the identification, evaluation, placement or provision of a
free appropriate public education.
2.) Right to have that notice
in writing, in your native language, or other principal mode of communication,
at a level understandable to the general public.
3.) Right to have the notice
describe the proposed action, explain why it is proposed, describe the options
considered and explain why those other options were rejected.
4.) Right to be notified of
each evaluation procedure, test, record or report the agency has used as a
basis for any agency-proposed action or basis for refusal.
5.) Right to a
description of any other factors which are relevant to the agency’s proposed
action or basis for refusal.
6.) Right to be present
at all IEP meetings.
7.) Right to a notice that
includes a full explanation of all the procedural safeguards available to the
parents.
8.) Right of a parent, whose native language or other mode of communication is not
a written language, to have the notice translated orally or by other means in
his or her native language or other mode of communication; the right to
understand the content of the notice; and the right to written evidence that
these requirements have been met.
9.) Right to be notified of
sources to contact to obtain assistance in understanding provisions of Part B
of the IDEA.
CONSENT:
1.) Right to give
consent before a pre-placement evaluation or a
reevaluation is conducted.
2.) Right to give
consent before initial placement can be made in special education.
3.) Right to a description of
the activity for which consent is requested including a list of records (if
any) which will be released and to whom.
4.) Right to revoke
consent at any time.
5.) Right of the agency
to proceed, in the absence of consent, to a hearing to determine if your child
should be evaluated or initially placed. Except for pre-placement
evaluation, reevaluation, and initial placement, consent may not be required as
a condition of any benefit to the parent or child. “Consent” means that:
(a) The parent has been fully informed of all information relevant to the
activity for which consent is sought, in his or her native language or other
mode of communication; (b) The parent understands and agrees, in writing, to
the carrying out of the activity for which his or her consent is sought, and
the consent describes that activity and lists the records (if any) which will
be released and to whom; and (c) The parent understands that the granting of
consent is voluntary on the part of the parent and may be revoked at any time.
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August 1997