Serving Unit 5 and El Paso-Gridley District 11

Administrative Procedures – Procedural Safeguards

A. Procedural Safeguards Notice 
     1. Written notification of the procedural safeguards available to the parent(s)/ 
guardian(s) of a student with a disability shall be given to the parent(s)/ guardian(s), at a minimum:

         a. Upon a student’s initial referral for evaluation;
         b. With each notification of an IEP conference;
         c. With each request for consent for reevaluation of a student; and
         d. Upon receipt of a request for a due process hearing as described herein.

     2. The procedural safeguards notice shall include a full explanation of all of the procedural safeguards relating to: 

         a. Independent educational evaluation;
         b. Prior written notice;
         c. Parental consent;
         d. Access to educational records;
         e. The filing of written complaints with the ISBE, including a description of how to file a complaint and the time line for doing so, as described herein;
         f. Procedures for students who are subject to placement in an interim alternative educational setting;
         g. Requirements for parent(s)/guardian(s) unilateral placement of students in private schools at public expense;
         h. Mediation;
         i. Due process hearings, including requirements for disclosure of evaluation results and recommendations;
         j. The student’s placement during the pendency of a due process proceeding;
         k. Civil action; and
         l. Attorney fees.

B. Prior notice by Member Districts
    1. The Member Districts shall provide 10 days prior written notice to the parent(s)/guardian(s) before proposing or refusing to initiate or change the identification, evaluation or educational placement of, provision of a free appropriate public education to the student. If the notice is related to an action proposed by MVSEA or its Member Districts that also requires parental/guardian consent, the Member Districts may give notice at the same time as it requests consent.
    2. The notice required by this Section shall include:

       a. A description of the action proposed or refused by MVSEA or its Member Districts;
       b. An explanation of why MVSEA or its Member Districts proposes or refuses to take the action; 
       c. A description of any options MVSEA or its Member Districts considered and the reason those options were rejected;
       d. A description of each evaluation procedure, test, record, or report MVSEA or its Member Districts used as a basis for the proposed or refused action;
       e. A description of any other factors relevant to MVSEA or its Member Districts proposal or refusal;
       f. A statement that the parent(s)/guardian(s) of an eligible student with a disability have protection under the procedural safeguards of the IDEA, Article 14 of the School Code of Illinois and their respective implementing regulations and an indication of the means by which a description of those procedural safeguards may be obtained;
       g. Sources for parent(s)/guardian(s) to contact to obtain assistance and understanding of the provisions of the rights of the IDEA, Article 14, and their respective implementing regulations; and
       h. The availability, upon request, of a list of free or low-cost legal and other relevant services available locally to assist the parent(s)/guardian(s) in initiating a an impartial due process hearing.

C. Language of Notifications
    1. The notices required under the “Procedural Safeguards Notice” and “Notice by School District” Sections above shall be written in language understandable to the general public and provided in the native language of the parent(s)/guardian(s) or other mode of communication used by the parent, unless it is not clearly feasible to do so.
    2. If the native language or other mode of communication of the parent(s)/ guardian(s) is not a written language, MVSEA or its Member Districts shall take steps to insure and document that the notice is translated orally or by other means to the parent(s)/guardian(s) in his/her native language or other mode of communication and that the parent(s)/guardian(s) understands the content of the notice.

D. Opportunity to Examine Records; Parent(s)/guardian(s) Participation in Meetings 
    1. The parent(s)/guardian(s) of a student with a disability shall be afforded an opportunity to inspect and review all education records with respect to the identification, evaluation and educational placement of and the provision of a FAPE to the student. MVSEA and its Member Districts shall insure that parent(s)/guardian(s) of students with disabilities have the opportunity to participate in meetings with respect to the identification, evaluation and educational placement of and the provision of a FAPE to the student. A meeting does not include informal or unscheduled conversations involving MVSEA and/or its Member Districts personnel or other routine communications or consultation between MVSEA and its Member District personnel, including preparatory activities that school personnel engage in to develop a proposal or a response to a parent’s proposal that will be discussed at an IEP meeting.
    2. Whenever a meeting is to be held which a parent(s)/guardian(s) has a right to attend, the following requirements shall apply: 

        a. MVSEA or its Member Districts shall notify parent(s)/ guardian(s) at least 10 days prior to the proposed date of the meeting of the purpose, time and location of the meeting, who will be in attendance, and the parent(s)/ guardian(s)’ right to invite other individuals with knowledge or special expertise regarding the student. If a parent(s)/guardian(s) indicates that the proposed date or time is inconvenient, the Member Districts shall make reasonable efforts to accommodate the parent(s)/guardian(s)’ schedule;
        b. If neither parent(s)/guardian(s) can attend, MVSEA and/or its Member District shall use other methods to attempt to secure at least one parent/guardian participation;
        c. A meeting may be conducted without a parent(s)/ guardian(s) if in attendance if MVSEA and/or its Member Districts is unable to obtain parent(s)/guardian(s) participation. In this case, MVSEA and/or its Member Districts maintain a record of its attempt to arrange a mutually agreed upon time and place;
        d. MVSEA and/or its Member Districts shall take whatever action is necessary to facilitate the parent(s)/guardian(s)’ understanding of and participation in the meeting; and
        e. Any document generated during the meeting shall be provided to the parent(s)/guardian(s) upon request, unless applicable federal or state statute or federal regulation requires its automatic provision without a request.

E. Consent 
    1. MVSEA and its Member Districts shall document that written parental/ guardian consent is obtained prior to:

        a. Conducting an initial evaluation;
        b. The initial provision of special education and related services to a student;
        c. Conducting any reevaluation; 
        d. using the parent’s private insurance to pay for services required by the student’s IEP; 
        e. Using an IFSP instead of an IEP; or
        f. Disclosing personally identifiable information about a student. consistent with the requirements of federal and state law.

     2. Consent for a proposed action is written approval given by a parent(s)/ guardian(s) who has been fully informed of all information relevant to the activity in his/her native language or mode of communication and who understands that information and that the agreement is voluntary and may be revoked any time prior to the completion of the activity in which consent was given. Once the activity is completed and/or the placement is in effect, consent may be revoked by requesting a due process hearing. If consent is revoked after an evaluation has been completed, MVSEA or its Member Districts may convene an IEP meeting to consider the results.
     3. Parental/guardian consent is not required before reviewing existing data as part of an evaluation or a reevaluation or administering a test or evaluation that is administered to all students unless parental consent is required of all students taking the test. 

F. Request for Impartial Due Process Hearing
    1. A parent/guardian, a Member District, or a student may request a an impartial due process hearing for any reason relative to the identification, evaluation, or placement of, or the provision of a FAPE, a student who is or may be eligible for special education and related services.
    2. The Member District shall provide the parent(s)/guardian(s) or the student at the age of majority with a model due process request form designed by the ISBE in accordance with 34 CFR 300.507(c)(1)(v)(3) or inform the parent(s)/ guardian(s) that the request for a hearing must be submitted in writing and must include the following information:

       a. The name and address of the student:
       b. The name of the school that the student attends;
       c. A description of the nature of the problem, including facts relating to such problem; 
       d. The remedy being sought, if known, and available to the parent(s)/ guardian(s) at the time; and 
       e. If known, whether the parent(s)/guardian(s) will be represented by legal counsel or an advocate.

    3. The MVSEA Executive Director shall assist parent(s)/guardian(s) in taking whatever action is necessary to use the hearing process.
    4. If a Member District initiates a hearing, the Superintendent shall file a written request with the ISBE and provide the parent(s)/guardian(s) with a copy of the request at the same time. The Member District’s written request shall contain the same information, as that required for a parent(s)/guardian(s) request, as described in this section.
    5. The Member District’s shall not deny a request for a hearing that conforms to the requirements of this Section.
    6. MVSEA and/or its Member Districts shall inform the parent(s)/guardian(s) in writing of the availability of mediation and of any free or low-cost legal services and other publicly-funded services available in the area if the parent(s)/guardian(s) requests the information or the parent(s)/guardian(s) or the Member District initiates a hearing.
    7. The Member District’s shall within 5 days of receipt of a request for a due process hearing forward the request by certified mail or another means providing written evidence of delivery to the ISBE, Center for Special Education. The information transmitted with the request for a due process hearing shall include:

       a. The name, address, and telephone number of the student and the parent/guardian, and of the person making the request for the hearing if other than the student or the parent; 
       b. The date that the Member District received the due process hearing request;
       c. The nature of the controversy to be resolved;
       d. The remedy being sought;
       e. The primary language spoken by the parent(s)/guardian(s) and the student; and
       f. A copy of the request.

    8. The Member District’s shall send to the parent(s)/guardian(s) by certified mail or another means providing written evidence of delivery, a copy of the request and all attachments sent to the ISBE. 
    9. During the pendency of any administrative or judicial proceeding initiated pursuant to this Section, except as provided below, unless Member District’s and the parent(s)/guardian(s) of the student agree otherwise, the student shall remain in his/her current educational placement. If the hearing involves the initial admission of the student to the public school, the student must be placed in the public school, with the parent’s consent, until the completion of all the proceedings. If the decision of the hearing officer agrees with the parent(s)/guardian(s) that a change of placement shall be treated as agreement between the State or Member District and the parent(s)/guardian(s) for purposes of this Section.
    10. School personnel have the authority to change the current educational placement of a student with a disability:

          a. For not more than 10 consecutive school days for any violation of school rules and additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change of placement as defined in IDEA); and
          b. To an appropriate interim alternative educational setting for the same amount of time that a student without a disability would be subject to discipline, but for not more than 45 days, if:
          c. The student carries a weapon to school or to a school function,

              (1) The student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or at a school function, or
              (2) Ordered by a hearing officer in accordance with the expedited hearing procedures set forth below.

    11. The Member District will fully cooperate with the timelines set forth by the hearing officer to ensure that the hearing process is completed within 45 days from the date the request was received.
    12. The parent(s)/guardian(s) or the Member District may appeal the due process hearing findings and decision, within 120 days from the date the decision was mailed to the parties, by commencing a civil action in any court of competent jurisdiction.
    13. The Member Districts will arrange for an electronic verbatim record of the hearing to be made and, upon request, the Member Districts will make available to the parent(s)/guardian(s), at no cost, a copy of the record of the hearing. The Member District shall seek reimbursement from the ISBE for ½ of the cost of providing these copies.

G. Due Process Hearings
     1. The Member Districts may request an expedited hearing if school personnel maintain that it is dangerous for the student to be in the current placement. 
     2. The parent(s)/guardian(s) or student at the age of majority may request an expedited hearing if there is disagreement with regard to:

        a. The Member Districts determination that a student’s behavior was not a manifestation of his/her disability; 
        b. The decision of the Member Districts to move the student to an interim alternative educational setting; or 
        c. The interim alternative educational setting selected. 

     3. When requesting an expedited hearing the requesting party must provide the following:

        a. Name of legal counsel if the party is represented by counsel or intends to retain counsel;
        b. Matters in dispute and specific relief sought;
        c. Name of all witnesses to be called to testify at the hearing, and
        d. Relevant documents.

     4. No later than two days prior to the hearing, both parties involved in the expedited hearing must disclose to the hearing officer and to each other any
evidence, which is intended to be submitted into the hearing record.

H. Mediation
    1. The purpose of the mediation is to attempt to resolve disputes regarding the identification, evaluation or placement of, or the provision of a FAPE to a student. The Member Districts shall inform parent(s)/guardian(s), at least whenever a due process hearing is requested, that the ISBE offers a process of mediation that may be used to resolve such disputes. 
    2. The ISBE’s Special Education Unit shall appoint a trained impartial mediator upon receipt of a written request from the parent(s)/guardian(s) or a Member District. Mediation sessions shall be scheduled in a timely manner and held in a location that is convenient to the parties.
    3. Mediation is entirely voluntary. In no way shall mediation be used as a means to deny or delay a parent(s)/guardian(s) right to a hearing or any other rights afforded under IDEA, Article 14, or their implementing regulations.
    4. Any resolution reached as part of the mediation process shall be set forth in writing and be consistent with state and federal law.
    5. Discussions that occur during mediation shall be confidential and may not be used as evidence in any subsequent due process hearings or civil
proceedings.
 
I. Complaints
    1. A parent(s)/guardian(s), individual, organization or advocate may file a signed, written complaint with the ISBE alleging that MVSEA and/or its Member Districts has violated the rights of one or more students with disabilities. Such a complaint must include:

        a. A statement that MVSEA or its Member Districts has violated a requirement of the IDEA, Article 14, or their implementing regulations;
        b. The facts on which the statement is based; and
        c. The name(s) of the student(s) involved, if known

    2. Investigation of such complaints with the ISBE and orders for any required corrective action shall be in accordance with 34 C.F.R. 300.661 and 23 Ill. Admin. Code 226.570. 

J. Surrogate Parent(s)/Guardians
    1. The Member Districts shall ensure that the rights of the student with a 
disability is protected through the appointment of a qualified surrogate parent(s)/guardian(s) when:

        a. The parent(s)/guardian(s) cannot be eligible identified or located; or 
        b. The student is a ward of the State living in a residential facility.

    2. The Member Districts shall undertake reasonable efforts to identify and discover the whereabouts of the parent(s)/guardian(s) of the student with a known or suspected disability. Such reasonable efforts will include documented phone calls, letters, certified letters with return receipts, visits to the home, and interviews with relatives and other individuals who may have knowledge of the whereabouts of the student's parent(s)/guardian(s).
    3. If, after reasonable efforts have been made, the parent(s)/guardian(s) cannot be located, the Member Districts shall take similar steps (telephone and letter) to establish contact with a relative, or an individual with whom the student resides, and/or the individual or agency which is legally responsible for the student's care and education.
    4. If after reasonable efforts have also been made to identify a guardian of the student or a person acting as the parent(s)/guardian(s) of the student and no such person has been either identified or located, the Member Districts shall make a written request to the ISBE to appoint a surrogate parent(s)/guardian(s) for the student in matters relating to the identification, evaluation, and educational placement of and the provision of a free, appropriate public education to the student.
    5. The written request to the ISBE shall include information on the racial, linguistic, and cultural background of the student.

K. Independent Educational Evaluations
    1. Parent(s)/guardian(s) have the right to obtain an independent educational evaluation of their student, subject to the provisions of federal and state law.
    2. The Member Districts shall provide to the parent(s)/guardian(s), upon their request, the list of independent educational evaluators found on the ISBE homepage.
    3. If the parent(s)/guardian(s) disagree with the Member District’s evaluation and wish to obtain an independent educational evaluation at public expense, they shall submit to the Superintendent a written request to that effect.
    4. If the Member District disagrees with the need for an independent educational evaluation, it shall initiate a due process hearing to demonstrate that its evaluation is appropriate. Such a hearing shall be initiated by the Member District within five days following receipt of a written parental(s)/guardian(s), request.
    5. An independent educational evaluation at public expense must be completed within 30 days after receipt of a parent(s)/guardian(s), written request, unless the Member District initiates a due process hearing or the parties agree that the 30-day period should be extended. If either party wishes such an extension and is unable to obtain the other party's agreement, the Member District shall initiate a due process hearing within ten school days
after the date on which the extension was proposed.
    6. If the final decision of the hearing and review process is that the Member District's evaluation is appropriate, the parent(s)/guardian(s) shall have the right to an independent educational evaluation, but not at public expense.
    7. If the Member District’s evaluation is shown to be inappropriate, the Member District shall pay for the independent educational evaluation or reimburse the parent(s)/guardian(s) for the cost of the evaluation.
    8. If the parent(s)/guardian(s) is entitled to an independent educational evaluation at public expense, it shall be completed within 30 days after the decision is rendered, unless the parties agree that the 30-day period should be extended. If either party wishes such an extension and is unable to obtain the other party's agreement, the Member District shall initiate a due process hearing within ten school days after the date on which the extension was proposed.
    9. When an independent evaluation is obtained at public expense, the party chosen to perform the evaluation shall be either:

        a. An individual whose name is included on the list provided by the ISBE with regard to the relevant type(s) of evaluation; or
        b. Another individual possessing the credentials required by 23 Ill. Admin. Code 226.840.

    10. If the parent(s)/guardian(s) wishes an evaluator to have specific credentials in addition to those required by 23 Ill. Admin. Code 226.840, the parent(s)/guardian(s) and the Member District shall agree on the qualifications of the examiner and the specific evaluation(s) to be completed prior to the initiation of an independent educational evaluation at public expense. If agreement cannot be reached, the Member District shall initiate a due process hearing subject to the time constraints set forth in this Section.
    11. The conditions under which an independent evaluation is obtained at public expense, including the location of the evaluation and the qualifications of the examiner, shall meet the criteria that the Member Districts use when it initiates an evaluation, to the extent that those criteria are consistent with the parent(s)/guardian(s) right to an independent educational evaluation. 
    12. If the parent(s)/guardian(s) obtains an independent educational evaluation, the written result of that evaluation shall be considered by the IEP Team.  MVSEA or its Member Districts shall send the notice convening the IEP Team’s meeting within ten days after receiving the evaluation report or after the parent(s)/guardian(s) requests a meeting to consider the results of an independent evaluation, and:

         a. The Member Districts shall consider the results in any decision made with respect to the provision of a free appropriate public education to the student; and
         b. The independent evaluation results may be presented as evidence at a hearing or review regarding the student under IDEA and Article 14.

L. Transfer of Parental Rights
    1. All rights accorded to the parent(s)/guardian(s) under the IDEA, Article 14 and their implementing regulations transfer to the student when he/she reaches the age of majority (18 years of age) or becomes an emancipated minor unless a legal guardian has been appointed for the student. MVSEA and/or its Member Districts shall notify the student and the parent(s)/ guardian(s) of such transfer of rights at least one year prior to the date that the student reaches the age of majority.
    2. MVSEA and its Member Districts shall provide any notice required by the IDEA, Article 14 and their implementing regulations to the student and parent(s)/guardian(s).

LEGAL REF.: 

20 U.S.C. 1412 (State eligibility), 1412(a)(7), 1413 (local 
educational agency eligibility).
20 U.S.C. 1401 et. seq.
34 C.F.R. Part 300 
105 ILCS 5/14-1.01 et. seq.
 

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