Procedural Safeguards/Due Process Hearings
In order to protect the rights of students with disabilities and their parents/guardians, the district shall follow all procedural safeguards as set forth in law.
Parents/guardians shall receive written notice of their rights, including the right to a due process hearing for any dispute related to the identification, assessment or educational placement of a child or the provision of a free, appropriate public education to the child.
(cf. 5145.6 - Parental Notifications)
(cf. 6159 - Individualized Education Program)
The Superintendent/Principal or designee shall represent the district in any due process hearings conducted with regard to district students and shall provide the Board of Trustees with the results of these hearings.
Complaints for Special Education
Complaints concerning compliance with state or federal law regarding special education shall be addressed in accordance with the district's uniform complaint procedures.
(cf. 1312.3 - Uniform Complaint Procedures)
Legal Reference:
EDUCATION CODE
56000 Education for individuals with exceptional needs
56001 Provision of the special education programs
56195.7 Written agreements
56195.8 Adoption of policies for programs and services
56300-56381 Identification and referral, assessment, instructional planning, implementation, and review
56440-56447.1 Programs for individuals between the ages of three and five years
56500-56507 Procedural safeguards, including due process rights
56600-56606 Evaluation, audits and information
CODE OF REGULATIONS, TITLE 5
3000-3089 Regulations governing special education
4600-4671 Uniform complaint procedures
UNITED STATES CODE, TITLE 20
1232g Family Educational Rights and Privacy Act
1400-1491 Individuals with Disabilities Education Act
UNITED STATES CODE, TITLE 29
794 Section 504 of the Rehabilitation Act
CODE OF FEDERAL REGULATIONS, TITLE 34
99.10-99.22 Inspection, review and procedures for amending education records
104.36 Procedural safeguards
300.500-300.517 Due process procedures for parents and children
Management Resources:
WEB SITES
Policy LOS OLIVOS SCHOOL DISTRICT
adopted: October 11, 2004 Los Olivos California