Code:  IGBAG

Revised/Readopted:  2/26/18

Adopted:  11/23/09

Orig. Code(s):  IGBAG

 

Procedural Safeguards – General
The district ensures that students with disabilities, and their families, are afforded their procedural safeguards related to:

1. Access to students’ educational records;
2. Provision of annual Notice of Procedural Safeguards;
3. Parent and adult student participation in special education decisions;
4. Transfer of rights to students who have reached the age of majority;
5. Prior written notice of proposed district actions;
6. Consent for evaluation and for initial placement in special education[1];
7. Independent educational evaluation;
8. Dispute resolution through mediation, state complaint investigation, resolution sessions and due process hearings;
9. Discipline procedures and protections for students with disabilities, including placements related to discipline;
10. Placement of students during the pendency of due process hearings;
11. Placement of students by their parent or guardian in private schools;
12. Civil actions; and
13. Attorney’s fees.

1. The district provides to parents a copy of the Procedural Safeguards Notice, published by the Oregon Department of Education, at least once per year and upon initial referral or parent or adult student request for special education evaluation and when the parent or the adult student requests a copy.  The district also gives a copy to the student at least a year before the student’s 18th birthday or upon learning that the student is considered emancipated.
2. The district provides the Procedural Safeguards Notice in the parent’s native language or other mode of communication unless it is clearly not feasible to do so.  If the native language or other mode of communication of the parent or adult student is not a written language, the district takes steps to ensure that the notice is translated orally or by other means understandable to the parent or adult student and that the parent or adult student understand the content of the notice.  The district maintains written evidence that it meets these requirements.

1. The district provides parents or adult students an opportunity to participate in meetings with respect to the identification, evaluation, IEP and educational placement of the student, and the provision of a FAPE to the student.
2. The district provides parents or adult students written notice of any meeting sufficiently in advance to ensure an opportunity to attend.  The written notice:

States the purpose, time and place of the meeting and who is invited to attend;

a.  Advises that parents or adult students may invite other individuals who they
     believe have knowledge or special expertise regarding the student;

b.  Advises that the team may proceed with the meeting even if the parents are
     not in attendance;

c.  Advises the parents or adult students who to contact before the meeting to
     provide information if they are unable to attend; and

d.  Indicates if one of the meeting’s purposes is to consider transition services or
     transition services needs.  If so:

(1)   Indicates that the student will be invited; and

(2)   If considering transition services, identifies any agencies invited to
       send a representative (with parent or adult student consent).

3.  The district takes steps to ensure that one or both parents of a child with a disability
     are present at each IEP or placement meeting or are afforded the opportunity to
     participate, including:

a.  Notifying parents of the meeting early enough to ensure that they will have
     an opportunity to attend; and

b.  Scheduling the meeting at a mutually agreed upon time and place.

4.  If neither parent can attend, the district will use other methods to ensure an
     opportunity to participate, including, but not limited to, individual or conference
     phone calls or home visits.

5.  The district may conduct an evaluation planning or eligibility meeting without the
     parent or adult student if the district provided meeting notice to the parent or adult
     student sufficiently in advance to ensure an opportunity to attend.

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OAR 581-001-0005
OAR 581-015-2000
OAR 581-015-2030
OAR 581-015-2090
OAR 581-015-2095
OAR 581-015-2190
OAR 581-015-2195
OAR 581-015-2305
OAR 581-015-2310
OAR 581-015-2325
OAR 581-015-2330
OAR 581-015-2345
OAR 581-015-2360
OAR 581-015-2385

Assistance to States for the Education of Children with Disabilities, 34 C.F.R. §§ 300.500-300.505, 300.515, 300.517 (2006).

Assistance to States for the Education of Children with Disabilities, 34 C.F.R. §§ 300.300 (2008).

^[1]If, at any time subsequent to the initial provision of special and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the district: 1) may not continue to provide special education and related services to the child, but must provide prior written notice before ceasing the provision of special education and related services; 2) may not use mediation or due process procedures to obtain an agreement or ruling that the services may be provided to the child; 3) the district will not be considered to be in violation of the requirement to make a free appropriate public education (FAPE) available to the child because of the failure to provide the child with further special education and related services; and 4) the district is not required to convene an individualized education program (IEP) team meeting or develop an IEP for the child for further provision of special education or related services.

Code:   IGBAG-AR

Revised/Readopted:  2/3/20, 3/4/08

Adopted:  4/1/00

 

1.  Procedural Safeguards

a.  The district provides procedural safeguards to:

1)  Parents/guardians (unless the guardian is a state agency) or persons in parental
     relationship to the student;

2)  Surrogate parent/guardian; and

3)  Students whose rights have transferred (called “adult students”).

          b.  The district gives parent/guardian and adult student a copy of the Notice of Procedural Safeguards:

1)  Once a year;

2)  At the first referral or parent/guardian request for evaluation to determine eligibility for
     special education services;

3)  When the parent/guardian (or adult student) requests a copy;

4)  To the parent/guardian and the student one year before the student’s 18th birthday or
      upon learning that the student is emancipated.

c.  The Notice of Procedural Safeguards is:

1)  Written in the native language of the parent/guardian (unless it is clearly not feasible to
     do so) and language clearly understandable to the public.

2)  If the native language or other mode of communication of the parent/guardian is not   
     written language, the district shall take steps to ensure:       

i)   That the notice is translated orally or by other means to the parent/guardian in
     his/her native language or other mode of communication;
ii)  That the parent/guardian understands the content of the notice; and
iii) That there is written evidence that the district has met these requirements.

2.  Content of Procedural Safeguards Notice

The procedural safeguards notice includes all of the content provided in the Notice of Procedural Safeguards published by the Oregon Department of Education (ODE).

3.  Parent/Guardian of Adult Student Meeting Participation

a.  The district provides parent/guardian or adult students an opportunity to participate in meetings
     with respect to the identification, evaluation,  individualized education program (IEP) and
     educational placement of the student, and the provision of (FAPE) to the student.

b.  The district provides parent/guardian or adult students written notice of any meeting sufficiently
     in advance to ensure an opportunity to attend.  The written notice:

1)  States the purpose, time and place of the meeting and who is invited to attend;

2)  Advises that parent/guardian or adult students may invite other individuals who they
     believe have knowledge or special expertise regarding the student;

3)  Advises that the team may proceed with the meeting even if they are not in attendance;  

4)  Advises who to contact before the meeting to provide information if they are unable to
     attend; and

5)  Indicates if one of the meeting’s purposes is to consider transition services or transition
     service needs.  If so:

-  Indicates that the student will be invited; and
-  Identifies any agencies invited to send a representative.

c.  The district shall take steps to ensure that one or both of the parent/guardian of a student
     with a disability are present at each IEP or placement meeting or are afforded the opportunity
     to participate, including:

1) Notifying parent/guardian of the meeting early enough to ensure that they will have an
    opportunity to attend; and

2) Scheduling the meeting at a mutually agreed on time and place.

d.  If neither parent/guardian can participate, the district will use other methods to ensure
     participation, including, but not limited to, individual or conference phone calls or home visits.

e.  The district may conduct an evaluation planning or eligibility meeting without the parent or
     adult student if the district provided meeting notice to the parent or adult student sufficiently
     in advance to ensure an opportunity to attend.

f.   The district may conduct an IEP or placement meeting without the parent/guardian or adult
     student if the district is unable to convince the parent/guardian that he/she should participate. 

Attempts to convince the parent/guardian to participate will be considered sufficient if the district:

         1)  Communicates directly with the parent/guardian to arrange a mutually agreeable time and
              place and written notice was sent to confirm the arrangement; or

2)  Proposes a time and place in the written notice stating that a different time and place
     may be requested and confirms that the notice was received.

g.  If the district proceeds with an IEP meeting without a parent/guardian, the district must have a
     record of its attempts to arrange a mutually agreed upon time and place such as:

1)  Detailed records of telephone calls made or attempted and the results of those calls;

2)  Copies of correspondence sent to the parent/guardian and any responses received; and

3)  Detailed records of visits made to the parent/guardian home or place of employment and the results of those visits.

h.  The district takes whatever action is necessary to ensure that the parent/guardian understands
      the proceedings at a meeting, including arranging for an interpreter for parent/guardian who
      are deaf or whose native language is other than English.

i.   The rights to parents/guardian to participate in meetings transfers to the adult student under
      Oregon Administrative Rule OAR 581-015-2325.

j.   After the transfer of rights to an adult student, the district shall provide written notice of
     meetings to the adult student and parent/guardian, if the parent/guardian can be reasonably
     located.  A parent/guardian receiving notice of an IEP meeting is not entitled to attend the
     meeting unless invited by the adult student or the district.

k.  An IEP meeting does not include:

1)  Informal or unscheduled conversations involving school district personnel;

2)  Conversations on issues such as teaching methodology, lesson plans or coordination
     of service provision if those issues are not addressed in the student’s IEP; or

3)  Preparatory activities that district or public personnel engage in to develop a proposal
     or response to a parent/guardian proposal that will be discussed at a later meeting.

4.   Surrogate Parent

a.   The district ensures that the rights of a student with a disability, or suspected of having a
      disability, are protected by appointing a surrogate parent not more than 30 days after a
      determination by the district that the child needs a surrogate when:

1)  The parent/guardian cannot be identified or located after reasonable efforts;

2)  The student is a ward of the state or an unaccompanied homeless student and there is
      reasonable cause to believe that the student has a disability; or

3)  The parent or adult student requests the appointment of a surrogate parent.

b.   The district secures nominations of persons to serve as surrogates.  The district appoints
      surrogates within 30 days of a determination that the student needs a surrogate, unless a
      surrogate has already been appointed by juvenile court.

c.   The district ensures that each person approved to serve as a surrogate:

1)  Is not an employee of the district or the;

2)  Is not an employee of any other agency involved in the education or care of the student;

3)  Is free of any conflict of interest that would interfere with representing the student’s
     special education interests; and

4)  Has knowledge and skills that ensure adequate representation of the student in special
     education decisions.  The district will provide training, as necessary, to ensure that the
     surrogate parent has the requisite knowledge.

d.   The district provides all special education rights and procedural safeguards to an appointed
      surrogate parent.

e.   A surrogate will not be considered an employee of the district solely on the basis that the
      surrogate is compensated from public funds.

f.   The duties of the surrogate parent are to:

1)  Protect the special education rights of the student;

2)  Be acquainted with the student’s disability and the student’s special education needs;

3)  Represent the student in all matters relating to the identification, evaluation, IEP and
     educational placement of the student; and

4)  Represent the student in all matters relating to the provision of a FAPE to the student.

g.   A parent/guardian may give written consent for a surrogate to be appointed. 

1)  When a parent/guardian requests that a surrogate be appointed, the parent/guardian shall
      retain all parental rights to receive notice and all of the information provided to the
      surrogate.  When the district appoints a surrogate at parent request, the district will
      continue to provide to the parent copy of all notices and other information to the surrogate.

2)  The surrogate, alone, shall be responsible for all matters relating to the special education
      of the student unless the parent/guardian revokes consent for the surrogate’s appointment.

3)  If a parent/guardian gives written consent for a surrogate to be appointed, the
     parent/guardian may revoke consent at any time by providing a written request to
     revoke the surrogate’s appointment;

(4) In the case of a child who is a ward of the court and who has been placed in foster care,
      the foster parent can serve as a parent.  The district need not appoint a surrogate parent.

h.   A student to whom rights have transferred at age of majority may give written consent for a
      surrogate to be appointed.  When an adult student requests that a surrogate be appointed, the
      adult student shall retain all rights to receive notice and all of the information provided to the
      surrogate.  The surrogate, alone, shall be responsible for all matters relating to the special
      education of the adult student unless the student revokes consent for the surrogate’s
      appointment.  If an adult student gives written consent for a surrogate to be appointed, the
      adult student may revoke consent at any time by providing a written request to revoke the
      surrogate’s appointment.

i.    The district may change or terminate the appointment of a surrogate when:

1)  The person appointed as surrogate is no longer willing to serve;

2)  Rights transfer to the adult student or the student graduates with a regular or modified
     diploma;

3)  The student is no longer eligible for special education services;

4)  The legal guardianship of the student is transferred to a person who is able to carry
      out the role of the parent;

5)  A foster parent is identified who can carry out the role of parent;

6)  The parent/guardian, who previously could not be identified or located, is now identified
      or located;

7)  The appointed surrogate is no longer eligible;

8)  The student moves to another school district;

9)  The student is no longer a ward of the state or an unaccompanied homeless youth;

10) An adult student rescinds consent for appointment of a surrogate.

j.   The district will not appoint a surrogate solely because the parent/guardian or student to whom
     rights have transferred is uncooperative or unresponsive to the special education needs of the
     student.

5.  Transfer of Rights at Age of Majority

a. When a student with a disability reaches the age of majority, marries or is emancipated, rights
     previously accorded to the student’s parents under the special education laws, transfer to the
     student.  A student for whom rights have transferred is considered an “adult student” under
     OAR 581-015-2000(1).

b. The district provides notice to the student and the parent that rights (accorded by statute) will
     transfer at the age of majority.  This notice is provided at an IEP meeting and documented
     on the IEP:

             1)  At least one year before the student’s 18^th birthday;

             2)  More than one year before the student’s 18^th birthday, if the student’s IEP team
                  determines that earlier notice will aid transition; or

             3)  Upon actual knowledge that within a year the student will likely marry or become
                   emancipated before age 18.

c.   The District provides written notice to the student and to the parent at the time of the transfer.

d.  These requirements apply to all students, including students who are incarcerated in a state or
      local adult or juvenile correctional facility or jail.

e.   After rights have transferred to the student, receipt of notice of an IEP meeting does not entitle
      the parent to attend the meeting unless invited by the student or the district.

6.  Prior Written Notice

a.  The district provides prior written notice to the parent/guardian of a student, or adult student,
     within a reasonable period of time before the district proposes to initiate or change, or refuses
     to initiate or change, the identification, evaluation or educational placement of the student,
     or the provision of a FAPE to the child.

(1)   Proposes to initiate or change, the identification, evaluation or educational placement
       of the student, or the provision of a FAPE to the child; or

(2)   Refuses to initiate or change the identification, evaluation or educational placement
       of the student, or the provision of a FAPE to the child.

b.   The content of the prior written notice will include:

1)  A description of the action proposed or refused by the district;

2)  An explanation of why the district proposed or refused to take the action;

3)  A description of each evaluation procedure, assessment, record or report used as a
     basis for the proposal or refusal;

4)  A statement that the parent/guardian of a student with a disability have procedural
     safeguards and, if this notice is not an initial referral for evaluation, how a copy of the
     Procedural Safeguards Notice may be obtained;

5)  Sources for parent/guardian to contact to obtain assistance in understanding their
     procedural safeguards.

6)  A description of other options the IEP team considered and the reasons why those
     options were rejected; and

7)  A description of other factors that are relevant to the agency’s proposal or refusal.

d.  The prior written notice is:

1)  Written in language understandable to the general public; and

2)  Provided in the native language of the parent/guardian or other mode of communication
     used by the parent/guardian, unless it is clearly not feasible to do so;

3)  If the native language or other mode of communication of the parent/guardian is not
     a written language, the district shall take steps to ensure that:

a)  The notice is translated orally or by other means to the parent/guardian in the
      parent/guardian native language or other mode of communication;

b)   A reasonable effort is made to help the parent/guardian to understand the
      content of the notice; and

c)   There is written evidence that the requirements of this rule have been met.

7.  Consent[1] - Initial Evaluation

1. The district provides notice and obtains informed written consent from the parent/guardian or adult student before conducting an initial evaluation to determine whether a student has a disability (as defined by Oregon law) and needs special education.  Consent for initial evaluation is not consent for the district to provide special education and related services.
2. The district makes reasonable efforts to obtain informed consent from a parent/guardian for an initial evaluation to determine a child's eligibility for special education services.  If a parent/guardian does not provide consent for an initial evaluation or does not respond to a request for an initial evaluation, the district may, but is not required to, pursue the initial evaluation of the child through mediation or due process hearing procedures.  The district does not violate its child find obligations if it declines to pursue the evaluation using these procedures.

8.   Consent – Initial Provision of Special Education Services

1. The district provides notice and obtains informed written consent from the parent/guardian or adult student before conducting an initial evaluation to determine whether a student has a disability (as defined by Oregon law) and needs special education.  Consent for initial evaluation is not consent for the district to provide special education and relate services.
2. The district makes reasonable efforts to obtain informed consent from a parent/guardian for an initial evaluation to determine a child’s eligibility for special education services. If a parent/guardian does not provide consent for an initial evaluation or does not respond to a request for an initial evaluation, the district may, but is not required to, pursue the initial evaluation of the child through mediation or due process hearing procedures.  The district does not violate its child find obligations if it declines to pursue the evaluation using these procedures.

9.     Consent – Reevaluation

a. The district obtains informed parent/guardian consent before conducting any reevaluation
     of a child with a disability.

b. Exceptions:

1) The district does not need written consent for a reevaluation, if, after reasonable efforts to
     obtain informed consent, the parent/guardian does not respond.  However, the district
     does not conduct individual intelligence tests or tests of personality without consent.

2) If a parent/guardian refuses to consent to the reevaluation, the district may, but is not
     required to, pursue the reevaluation by using mediation or due process hearing procedures. 

10. Consent – Revocation

1.  A parent/guardian or adult student may revoke consent at any time before the completion of
    the activity for which they have given consent.

 b.  If a parent/guardian or adult student revokes consent, that revocation is not retroactive.

11.  Consent – Other Requirements

1. The district documents its reasonable efforts to obtain parent/guardian consent, such as phone calls, letters, and meeting notes.
2. If a parent/guardian of a student who is home schooled or enrolled by the parent/guardian in a private school does not provide consent for the initial evaluation or the reevaluation, or if the parent/guardian does not respond to a request for consent, the district:

1) Does not use mediation or due process hearing procedures to seek consent; and

2) Does not consider the child as eligible for special education services.

3. If a parent/guardian or adult student refuses consent for one service or activity, the district does not use this refusal to deny the parent/guardian or child any other service, benefit or activity, except as specified by these rules and procedures.
4. If, at any time subsequent to the initial provision of special and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the district:

1) May not continue to provide special education and related services to the child, but must provide prior written notice before ceasing the provision of special education and related services;

2)  May not use mediation or due process procedures to obtain an agreement or ruling that
      the services may be provided to the child;

3)  The district will not be considered to be in violation of the requirement to make FAPE           
      available to the child because of the failure to provide the child with further special
      education and related services;

4)   The district is not required to convene an IEP team meeting or develop and IEP for the
       child for further provision of special education or related services;

12. Exceptions to Consent

          a.  The district may review existing data as part of an evaluation or reevaluation without
               consent.

          b.   The district may administer a test or other evaluation administered to all students without
                consent unless, before administration of that test or evaluation, consent is required of
                parent/guardian of all students.

          c.   The district may conduct evaluations, tests, procedures or instruments that are identified
                on the student’s individualized education program (IEP) as a measure for determining
                progress without parent/guardian consent.

          d.   If the district can demonstrate that it has taken reasonable measures to obtain written
                consent, and the parent/guardian has failed to respond, written consent need not be
                obtained for reevaluation, except for tests of individual intelligence and all tests of
                personality.

          e.   The parent’s rights have been terminated in accordance with state law; or

          f.    The rights of the parent to make educational decisions have been subrogated by a
                 accordance with state law and consent for an initial evaluation has been given by an   
                 individual appointed by the judge to represent the child.

         1) If the district proceeds with a reevaluation without parent/guardian consent, the
             district will maintain a record of attempts to gain parental/guardian consent, such as:

      a) Detailed records of telephone calls made or attempted and the results of those
           calls;

      b) Copies of correspondence sent to the parent/guardian and any responses received;

      c) Detailed records of visits made to the parent/guardian home or place of
          employment and the results of those visits.
 

          2)  Written parental consent is not required if an administrative law judge (ALJ)
               determines that the evaluation or reevaluation is necessary to ensure that the 
               student is provided with a free appropriate public education.

           3)  The district does not need written parent/guardian consent before conducting a
                 screening of a student by a teacher or specialist to determine appropriate 
                 instructional strategies for curriculum implementation. 

13.  Independent Educational Evaluations (IEE)

a.   A parent of a student with a disability has a right to an independent educational evaluation at
      public expense if the parent disagrees with an evaluation obtained by the district.

b.   If a parent/guardian requests an independent educational evaluation at public expense
      because the parent/guardian disagrees with an evaluation obtained by the district, the district
      provides information to parent/guardian about where an independent educational evaluation
      may be obtained, and the district criteria applicable for independent educational evaluations.

c.   If a parent/guardian requests an independent educational evaluation at public expense,
      the district, without unnecessary delay, either:

1)  Initiates a due process hearing to show that its evaluation is appropriate; or

2)  Ensures that an independent educational evaluation is provided at public expense
     unless the district demonstrates in a hearing that the evaluation obtained by the
     parent/guardian did not meet district criteria.

c.   The district criteria for independent educational evaluations are the same as for district
      evaluations including, but not limited to, location, examiner qualifications and cost.

1)  Criteria established by the district do not preclude the parent/guardian access to an
      independent educational evaluation.

2)  The district provides the parent/guardian the opportunity to demonstrate the unique
      circumstances justifying an IEE that does not meet the district’s criteria.

3)  A parent/guardian may be limited to one independent educational evaluation at public
     expense each time the district conducts an evaluation with which the parent/guardian
     disagrees.

d.   If a parent/guardian requests an independent educational evaluation, the District may ask
      why the parent/guardian disagrees with the public evaluation.  The parent/guardian may,
      but is not required to, provide an explanation.  The District may not:

1)  Unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the public evaluation;

2)  Except for the criteria in c., impose conditions or timelines related to obtaining an IEE at
     public expense.

e.  The district considers an independent educational evaluation submitted by the parent/guardian,
      in any decision made with respect to the provision of FAPE to the student.

14.  Dispute Resolution – Mediation

          a.  The district or parent may request mediation from ODE for any special education matter,
                including before the filing of a complaint or due process hearing request.

          b.  The district acknowledges that:

1)  Mediation must be voluntary on the part of the parties, must be conducted by a
     qualified and impartial mediator who is trained in effective mediation techniques
     and may not be used to deny or delay a parent’s right to a due process hearing
     or filing a complaint.

 2)  Each mediation session must be scheduled in a timely manner and must be
      held in a location that is convenient to the parties to the dispute.

 3)  An agreement reached by the parties to the dispute in the mediation process
      must be set forth in a legally binding written mediation agreement that:

                             (a)  Sates the terms of the agreement;

                             (b) States that all discussions that occurred during the mediation process remain
                                  confidential and may not be used as evidence in any subsequent due process
                                  hearing or civil proceeding; and

                             (c) Is signed by the parent and a representative of the district who has the
                                  authority to bind the district to the mediation agreement.

                   4)  Mediation communication is not confidential if it relates to child or elder abuse and is
                        made to a person who is required to report abuse, or threats of physical harm, or
                        professional conduct affecting licensure.

                   5)  The mediation agreement is enforceable in any state court of competent jurisdiction
                        or in a district court of the United States.

15.     Dispute Resolution – Complaint Investigation

          a.  Any organization or person may file a signed, written complaint with the State
               Superintendent of Public Instruction alleging that a district or education service district
               (ESD) is violating or has violated the Individuals with Disabilities Education Act (IDEA)
               or associated regulations within one year before the date of the complaint.  Upon
               receiving a parent complaint, the ODE forwards the complaint to the district or ESD
               along with a request for a district response to the allegations in the complaint.   

          b.  Upon receiving a request for response from ODE, the district responds to the allegations
               and furnishes any requested information or documents within 10 business days.

          c   The district sends a copy of the response to the complainant.  If ODE decides to conduct
               an on-site investigation, district personnel participate in interviews and provide additional
               documents as needed.

          d.  The district and the complainant may attempt to resolve a disagreement that led to a
               complaint through mediation.  If they decide against mediation, or if mediation fails to
               produce an agreement, ODE will pursue the complaint investigation.

          e.  If ODE substantiates some or all of the allegations in a complaint, it will order corrective
               action.  The district satisfies its corrective action obligation in a timely manner.

          f.   If the district disagrees with the findings and conclusions in a complaint final order,
               it may seek reconsideration by ODE or judicial review in county circuit court.

16. Due Process Hearing Requests

          a.  The district acknowledges that parents may request a due process hearing if they disagree
               with a district proposal or refusal relating to the identification, evaluation, educational
               placement or provision of a free appropriate education to a student who may have a
               disability and be eligible for special educations.

          b.  The district may request a due process hearing regarding the identification, evaluation,
               educational placement or provision of a free appropriate education to a student who may
               have a disability and be eligible for special education.

          c.  When requesting a due process hearing, the district or the attorney representing the
               district provides notice to the parent and to ODE.

          d.  The party, including the district, that did not file the hearing request must, within 10 days
               of receiving the request for a hearing, send to the other party a response that specifically
               addresses the issues raised in the hearing request.

          e.  If the parent had not yet received prior written notice of the district’s proposal or refusal,
               the district, within 10 days of receiving the hearing request for a due process hearing, 
               sends to the parent a response that includes:

                   1)  An explanation of why the district proposed or refused to take the action raised in the
                        hearing request;

                   2)  A description of other options that the district considered and the reasons by those
                        options were rejected;

                   3)  A description of each evaluation procedure, assessment, record or report the district
                        used as the basis for the proposed or refused action; and

                   4)  A description of the factors relevant to the district’s proposal or refusal.

17. Resolution Session

          a.   Within 15 days of receiving a due process hearing request, the district will hold a
                resolution session with the parents and the relevant members of the IEP team who have
                specific knowledge of the facts identified in the due process hearing request.

          b.   This meeting will include a representative of the district who has decision-making
                authority for the district.

                   1)  The district will not include an attorney unless the parent brings an attorney.

                   2)  The district will provide the parent with an opportunity for the parent to discuss the
                        hearing request and related facts so that the district has an opportunity to resolve
                        the dispute.

                   3)  The district and parent may agree in writing to waive the resolution meeting. 
                         If so, the 45-day hearing timeline will begin the next business day, unless the district.

18. Time Limitations and Exception

          a.  A parent must request a due process hearing within two years after the date of the
              district act or omission that gives rise to the parent’s hearing request.

          b.  This timeline does not apply to a parent if the district withheld relevant information from
               the parent or incorrectly informed that parent that it had resolved the problem that led the
               parent’s hearing request.

19. Due Process Hearing Costs:

a.  The District will reimburse the ODE for the administrative law judge costs related to conducting
     the hearing, including pre-hearing conferences, scheduling arrangements and other related
     matters;

b.  The District will provide the parent/guardian with a written or, at the option of the parent/guardian,
     an electronic verbatim recording of the hearing, within a reasonable time of the closing of the
     hearing.

c.   The District does not use Individuals with Disabilities Education Act (IDEA) funds to pay
      attorney's fees or other hearing costs.

20. Discipline and placement in interim alternative setting - see JGDA/JGEA.      

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[1] “Consent means that the parent or adult student: 1) has been fully informed, in his/her native language or other mode of communication, of all information relevant to the activity for which consent is sought; and b) understands and agrees in writing to the carrying out of the activity for which his/her consent is sought.  Consent is voluntary on the part of the parent and meeting the requirements of consent provision for OAR 581-015-2090, IDEA and Family Education Rights and Privacy Act (FERPA).