Procedural Safeguards for Children with R-CIS and Parents

Written Notice and Consent

You must be given written notice a reasonable time before the district: (1) proposes to initiate or change the identification, evaluation, or educational placement of the child with R-CIS or the provision of a free appropriate public education to the child with R-CIS; or (2) refuses to initiate or change the identification, evaluation, or educational placement of the child with R-CIS or the provision of a free appropriate public education to the child with R-CIS. This notice will include the following information: (1) a description of the action proposed or refused, and an explanation of why the agency proposes or refuses to take the action, (2) a description of any other options the district considered and the reasons why any of those options were rejected, (3) a description of each evaluation procedure, test, record, or report the agency used as a basis for the proposal or refusal, (4) a description of any other factors relevant to the proposal or refusal, and (5) a statement that the parents of a child with R-CIS have procedural safeguards protection and if this notice is not an initial referral for evaluation the means by which a copy of the description of the procedural safeguards can be obtained; and (6) sources for parents to contact to obtain assistance in understanding their procedural safeguards.

In addition, the notice must be written in language understandable to the general public, in language you understand and provided in your native language or your primary mode of communication unless it is clearly not feasible.

If your native language or primary mode of communication is not a written language, the district must document what steps were taken to insure that the notice was translated orally or by other means to you in your native language or primary mode of communication, and that you understand the content of the notice. The district will have to document in writing that this notice was provided.

A copy of the procedural safeguards shall be given to you, at a minimum (1) upon initial referral for evaluation; (2) upon notification of individualized education program (IEP) meetings; (3) upon reevaluation of your child with R-CIS; and (4) upon request for a due process hearing.

The district must obtain your written consent before conducting an evaluation or the initial provision of special education and related services to a child with R-CIS. Consent for initial evaluation may not be construed as consent for initial placement. Reviewing existing data as part of evaluation or reevaluation and subsequent placements do not require consent and consent for additional testing need not be obtained if the school district can demonstrate that it had taken reasonable measures to obtain your consent and you failed to respond. Reasonable measures include a minimum of two attempts documented such as: detailed records of telephone calls made and the results of those calls; copies of correspondence sent to you and responses received; and detailed records of visits to your home or work place and the results of those visits. In order to obtain your consent, the district will make every effort to explain its position and hear your concerns. Your consent is not required before administering a test or other evaluation that is administered to all children unless, before administration of that test or evaluation, consent is required of parents of all children.

If you refuse consent for initial evaluation or reevaluation, the district may continue to pursue those evaluations by using the due process hearing procedures or mediation procedures.

A school district may not use your refusal to consent to one service or activity to deny you or your child with R-CIS any other service, benefit, or activity of the district.

Consent means that: (1) you have been fully informed of all information relevant to the activity for which consent is sought, in your native language, or other mode of communication; (2) you understand and agree in writing to the carrying out of the activity for which your consent is sought, and the consent describes that activity and lists the records (if any) which will be released and to whom; and (3) you understand that the granting of consent is voluntary on the part of the parent and may be revoked at any time. If you revoke consent, that revocation is not retroactive.

Evaluation means procedures used to determine whether a child is disabled and the nature and extent of the special education and related services that the child needs to be involved in and progress in the general curriculum. The term means procedures used selectively with an individual child with R-CIS and does not include basic tests administered to or procedures used with all children in a school, grade, or class.