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