IGBAG - Special Education - Procedural Safeguards**
Policy IGBAG
Procedural Safeguards – General
The district ensures that students with disabilities, and their families, are afforded their procedural safeguards related to:
- Access to students’ educational records;
- Provision of annual Notice of Procedural Safeguards;
- Parent and adult student participation in special education decisions;
- Transfer of rights to students who have reached the age of majority;
- Prior written notice of proposed district actions;
- Consent for evaluation and for initial placement in special education[1];
- Independent educational evaluation;
- Dispute resolution through mediation, state complaint investigation, resolution sessions and due process hearings;
- Discipline procedures and protections for students with disabilities, including placements related to discipline;
- Placement of students during the pendency of due process hearings;
- Placement of students by their parent or guardian in private schools;
- Civil actions; and
- Attorney’s fees.
- 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.
- 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.
- 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.
- 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.
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.
IGBAG-AR
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 18th birthday;
2) More than one year before the student’s 18th 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
- 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.
- 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
- 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.
- 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
- 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
- The district documents its reasonable efforts to obtain parent/guardian consent, such as phone calls, letters, and meeting notes.
- 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.
- 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.
- 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.
[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).