Procedural Safeguards Letter and Notice

RESOURCES FOR PARENTS

If you have a child with mental retardation and/or emotional disturbance, he/she is entitled under Pennsylvania Mental Health and Mental Retardation Act of 1966 and the Pennsylvania Mental Health Procedures Act of 1976 to the services of a local Mental Health/Mental Retardation (MH/MR) Center for an independent medical, psychological, and educational evaluation to be performed by a state-certified professional at no cost to you.

NAME/ADDRESS/PHONE NUMBER OF MH/MR BASE SERVICE UNIT:

CEM Mental Health/Mental Retardation Program, 79 North Kendall Avenue,

Bradford, PA 16701 – Telephone: (814) 362-4601

LOCAL CHAPTER OF THE PENNSYLVANIA ASSOCIATION FOR RETARDED CITIZENS:

PA Association for Retarded Citizens (ARC of Elk County), 507 Arch Street Extension,

St. Marys, PA 15857, - Telephone: (814) 834-7851

TOLL FREE PARENT ASSISTANCE LINES:

BUREAU OF SPECIAL EDUCATION CONSULTLINE	800-879-2301

PARENT EDUCATION NETWORK	800-522-5827

LEGAL ASSISTANCE

PENNSYLVANIA BAR ASSOCIATION	EDUCATION LAW CENTER OF PA
BOX 186	801 ARCH STREET, SUITE 610
HARISBURG, PA 17108	PHILADELPHIA, PA 19107
800-932-0311	215-238-6970

FREE MEDIATION SERVICES

OFFICE FOR DISPUTE RESOLUTION--MEDIATION SERVICES 800-992-4334

PROCEDURAL SAFEGUARDS NOTICE

*************************************************************************************************************************** School Age

SECTION I: PRIOR WRITTEN NOTICE

When prior written notice must be provided:

A school district/public agency must provide parents with prior written notice each time it proposes or refuses to initiate or change the identification, evaluation, or educational placement of a child or the provision of a free appropriate public education (FAPE) to a child.

For example, prior written notice must be provided:

1. The first time a school district/public agency proposes or refuses to conduct an initial multidisciplinary evaluation;

2. Each time a school district/public agency proposes or refuses to conduct a reevaluation;

3. If the school district/public agency refuses to provide an independent educational evaluation at public expense;

4. If the school district/public agency proposes or refuses to change a child's educational placement, including any disciplinary exclusion which would constitute a change in educational placement;

5. If the school district/public agency proposes or refuses to make any significant change in a child's Individualized Education Program (IEP) and the provision of an appropriate program to a child.

What prior written notice must contain:

Prior written notices must be written in language understandable to the general public and, if appropriate, in the native language or other mode of communication of the parents. If necessary, the content of such notices must be communicated orally in the native language or directly so that the parents understand the content of the notices. Prior written notice must contain:

1. A description of the action proposed or refused by the school district, an explanation of why the school district proposes or refuses to take the action, and a description of any options the school district/public agency considered and the reasons why those options were rejected;

2. A description of each evaluation procedure, test, record, or report the school district/public agency used as a basis for the proposal or refusal;

3. A description of any other factors which are relevant to the school district/public agency proposal or refusal;

4. A full explanation of the procedural safeguards available to the parent;

5. A statement that the parents of a child with a disability have protection under procedural safeguards and, if the notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;

6. Sources parents may contact to obtain assistance in understanding these provisions;

7. A statement informing parents about the State complaint procedures, including a description of how to file a complaint and the timelines under those procedures.

SECTION II: PROCEDURAL SAFEGUARDS NOTICE

When a procedural safeguards notice must be provided:

At a minimum-

(1) Upon initial referral for evaluation;

(2) Upon each notification of an IEP meeting;

(3) Upon reevaluation of the child; and

(4) Upon receipt of a request for due process under Impartial Due Process Hearings.

2. Upon the parent registering a due process complaint with respect to any matter relating to the identification, evaluation, educational placement, or the provision of a free appropriate public education to a child.

What a procedural safeguards notice must contain:

The procedural safeguards notice must include a full explanation of available procedural safeguards, written in the native language of the parents, unless it clearly is not feasible to do so. It must be written in an easily understandable manner, describing the procedural safeguards available relating to:

1.	Independent educational evaluation;
2.	Prior written notice;
3.	Parental consent;
4.	Access to educational records;
5.	Opportunity to present complaints;
6.	The child's placement while due process proceedings are pending;
7.	Procedures for students who are subject to placement in an interim alternative educational setting;
8.	Requirements for unilateral placement by parents of children in private schools at public expense;
9.	Mediation;
10.	Due process hearings, including requirements for disclosure of evaluation results and recommendations;
11.	State-level appeals (if applicable in that State);
12.	Civil actions;
13.	Attorneys’ fees; and
14.	State complaint procedure

SECTION III: WHEN MUST PRIOR PARENTAL CONSENT BE OBTAINED

Parental consent must be obtained by the school district/public agency prior to:

1. Conducting an initial multidisciplinary evaluation of a student;

2. Conducting a re-evaluation of a student, except that such consent need not be obtained if the school district/public agency can demonstrate that it has taken reasonable measures to obtain this consent and the parent has failed to respond;

3. An initial placement in special education.

SECTION IV: PARENTAL REFUSAL TO GIVE CONSENT

If a parent refuses to give consent as described above, the school district/public agency may continue to pursue the evaluation and/or placement through mediation or a due process hearing if the school district/public agency believes that such an action is necessary for the student to receive an appropriate educational program.

SECTION V: INDEPENDENT EDUCATIONAL EVALUATION

Parents have the right to obtain an independent educational evaluation of their child. An independent evaluation is an evaluation by a qualified professional who is not an employee of the school district/public agency responsible for the child. The parents may request an independent educational evaluation at the school district's/public agency expense if they disagree with an educational evaluation completed by the school district. The school district/public agency must respond to the request within a reasonable time. However, the school district/public agency may initiate a due process hearing to show that its evaluation is appropriate. If the hearing officer decides that the evaluation is appropriate, the school district/public agency will not have to pay for the independent evaluation. Parents may, of course, get an independent educational evaluation at their own expense. If a parent requests an independent educational evaluation, the school district/public agency may ask for the parent's reason why he or she objects to the public evaluation. However, the explanation by the parent may not be required and the public agency may not unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the public evaluation.

If parents obtain an independent educational evaluation at their expense, the results of the evaluation must be considered by the school district/public agency in any decision made with respect to the provision of a free appropriate public education to the child, and may be presented as evidence at a due-process hearing regarding the child.

If a hearing officer requests an independent educational evaluation as part of a hearing, the cost of the evaluation must be at public expense.

The school district/public agency will provide, on request, information about where an independent educational evaluation may be obtained.

Whenever an independent evaluation is conducted at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria which the school district/public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to an independent educational evaluation.

SECTION VI: DISPUTE RESOLUTION SYSTEMS

When disputes arise, parents have the following formal systems available to them for dispute resolution.

1. MEDIATION

Mediation is a voluntary process in which parents and school districts/ public agency involved in a dispute regarding special education agree to obtain the assistance of a qualified impartial mediator. Mediation must be available, at a minimum, whenever a due process hearing is requested. This system can be accessed regardless of whether an impartial due process hearing has been requested. Essential requirements for mediation are described below. The Pennsylvania Department of Education's Bureau of Special Education maintains a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services. Parents can receive information regarding Pennsylvania's mediation services by contacting the number listed in the "Resources for Parents".

Mediation services are provided at no cost to the parent, including the costs of meetings with disinterested parties if the parties are required to obtain these services.

• Each session in the mediation process shall be scheduled in a timely manner and held in a location that is convenient to the parties.

• Discussions occurring during the mediation session shall be confidential, and no part of the mediation conference shall be recorded. Discussions occurring during mediation may not be used in any due process hearings or civil hearings that may occur at a later date.

• Parties involved in the mediation may be required to sign a confidentiality pledge prior to the start of the mediation process.

• The mediator may not be called as a witness in future proceedings.

• An agreement reached by the parties to the dispute in the mediation process shall be set forth in a written mediation agreement.

• When the mediation conference results in a resolution of the dispute, each party shall receive an executed copy of the agreement at the conclusion of the mediation conference.

• Mediation may not be used to deny or delay a party's right to an impartial due-process hearing. The parents or the school district/public agency may immediately proceed to an impartial due process hearing.

• An individual who serves as a mediator may not be an employee of any LEA or any state agency, an SEA who is providing direct services to the child, and must not have a personal conflict of interest.

• The Mediation Agreement shall be enforceable by the Department of Education.

2. PRE-HEARING CONFERENCES AND IMPARTIAL DUE PROCESS HEARINGS

PRE-HEARING CONFERENCES: Although not a federal requirement, Pennsylvania state laws regarding special education allow parents to request a Pre-Hearing Conference before a formal due process request. The Pre-Hearing Conference is intended as an opportunity for the parent and school district/public agency to try to resolve disagreements about a student's identification, evaluation, program, and/or educational placement. It also gives the parties an opportunity to understand the reason for the other's position. In many cases, disputes are resolved by this process. Because a Pre-Hearing Conference is optional, a parent or school district/public agency may waive the right to a Pre-Hearing Conference and proceed to an Impartial Due Process Hearing. If a Pre-Hearing Conference is held, the following general requirements apply.

• The Pre-Hearing Conference will be scheduled within 10 days from the date the school district/public agency receives a parent's request.

• The Pre-Hearing Conference will be chaired by the superintendent, early intervention representatives, or their designees.

• If an agreement is reached, the agreement will be implemented. If agreement is not reached, an impartial due process hearing will be arranged if requested.

IMPARTIAL DUE PROCESS HEARINGS

• A parent or school district/public agency may initiate a hearing regarding the school district’s/public agency proposal or refusal to initiate or change the identification, evaluation, or educational placement of the student or the provision of a FAPE.

• Parents requesting a due process hearing must notify the school district/public agency, in writing, of the nature of the problem with the school district's/public agency proposed or refused initiation or change of a child’s educational placement, evaluation, or identification or the provision of FAPE, and any proposed resolution of the problem to the extent known and available. This notice is mandatory and the failure to provide it to the school district/public agency can diminish or extinguish a claim for attorney's fees and costs if the parents are represented by Legal Counsel.

• The hearing will be conducted by the school district responsible for the student's education.

• The school district/public agency must inform the parents of any free or low cost legal and other pertinent services available in the area if the parents request the information, or if the agency or parent initiates a due process hearing.

• A hearing may not be conducted by a person who is an employee of a public agency which is involved in the education or care of the student, or by any person having a personal or professional interest which would conflict with his or her objectivity in the hearing. (A person who otherwise qualifies to conduct a hearing is not an employee of the agency solely because he or she is paid by the agency to serve as a hearing officer.)

• Each school district/public agency shall keep a list of the persons who serve as hearing officers. The list must include a statement of the qualifications of each of those persons. School districts/public agency shall provide parents with information as to the availability of the lists and shall make copies of the list upon request.

• A hearing shall be held within 30 days after a parent or school district’s initial request for a hearing.

• The school district/public agency shall ensure that a final hearing decision is reached and mailed to the parties within 45 days after the receipt of a request for a hearing, unless the hearing officer grants a specific extension at the request of either party.

• The decision of the hearing officer shall include findings of fact, discussion and conclusion of law. Although technical rules of evidence shall not be followed, the decision shall be based solely upon the substantial evidence presented at the hearing.

• The decision made in a due-process hearing is final, unless a party to the hearing appeals the decision under the procedures for impartial administrative appeal described below.

DISCLOSURE OF EVALUATIONS AND RECOMMENDATIONS

At least five business days prior to a hearing, each party must disclose to all other parties, all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing.

If the evaluation or recommendations are not provided to the other party within five business days, a hearing officer may prohibit the information to be introduced without the consent of the other party.

DUE PROCESS HEARING RIGHTS

Any party to a hearing has the right to:

1. Be represented by legal counsel and accompanied and advised by individuals with special knowledge or training with respect to the problems of children with disabilities;

2. Present evidence and confront, cross-examine, and compel the attendance of witnesses;

3. Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five business days before the hearing;

4. Obtain a written or, at the option of the parents, electronic, verbatim record of the hearing at no cost to parents;

5. Obtain written, or at the option of the parents, electronic, findings of fact and decisions at no cost to parents.

6. A parent’s representative shall be given access to education records, including any tests or reports upon which the proposed action is based.

7. The hearing shall be an oral personal hearing and shall be closed to the public unless the parents request an open hearing. If the hearing is open, the decision issued in the case, and only the decision, will be available to the public. If the hearing is closed, the decision shall be treated as a record of the student or young child and may not be available to the public. Parents must be given the right to have their child present.

8. Each hearing must be conducted at a time and place that is reasonably convenient to the parents and child.

9. With regard to a disciplinary removal, an expedited hearing may be requested:

(a) Whenever a parent requests a hearing to dispute a district’s determination that a child’s behavior was not a manifestation of the child’s disability;

(b) Whenever a parent requests a hearing to dispute a disciplinary exclusion that constitutes a change in educational placement;

(c) Whenever a parent requests a hearing to dispute a 45-day interim alternative educational setting ordered by school personnel; and,

(d) Whenever a school district requests an expedited hearing to maintain that it is dangerous for a child to remain in the current placement;

(e) If an expedited hearing is conducted, the hearing officer’s decision shall be mailed within 45 days of the public agency’s receipt of the request for the hearing without exceptions or extensions.

ADMINISTRATIVE APPEAL – IMPARTIAL REVIEW

Any party aggrieved by the findings and decision in the hearing may appeal to a three-person panel appointed by the Pennsylvania Department of Education. If there is an appeal, the Appellate Panel Officers will do the following:

1.	Examine the entire hearing record.

2.	Ensure that the procedures at the hearing were consistent with the requirements of due process.

3.	Seek additional evidence if necessary. If a hearing is held to receive additional evidence, the hearing rights described above apply.

4.	Afford the parties an opportunity for oral or written argument, or both, at the discretion of the reviewing official(s).

5.	Make an independent decision on completion of the review.

6.	Provide the parents a written or, at their option, an electronic copy of the findings of fact and decision.

Each review involving oral arguments must be conducted at a time and place that is reasonably convenient to the parents and child.

Date:	____________________________
Student’s Name	____________________________
Address	_______________________________________ _______________________________________ _______________________________________

School Age

PROCEDURAL SAFEGUARDS LETTER

LEGAL ASSISTANCE

FREE MEDIATION SERVICES

PROCEDURAL SAFEGUARDS NOTICE