Procedural Safeguards/Due Process Hearings
In order to protect the rights of students with disabilities and their parents/guardians, the District shall follow all procedural safeguards as set forth in law. Parents/guardians shall receive written notice of their rights in accordance with law, Board Policy, and administrative regulation.
(cf. 5144.2 - Suspension and Expulsion/Due Process (Students with Disabilities)
(cf. 5145.6 - Parental Notifications)
(cf. 6159 - Individualized Education Program)
(cf. 6159.2 - Nonpublic Nonsectarian School and Agency Services for Special Education Students)
(cf. 6159.3 - Appointment of Surrogate parent for Special Education Students)
(cf. 6159.4 - Behavioral Interventions for Special Education Students)
(cf. 61614.4 - Identification of Individuals for Special Education)
The Superintendent or designee shall represent the District in any due process hearing conducted with regard to District students and shall inform the Board of Trustees about the results of these hearings.
Complaints for Special Education
Complaints concerning compliance with state or federal law regarding special education shall be addressed in accordance with the District's uniform complaint procedures.
(cf. 1312.3 - Uniform Complaint Procedures)
Legal Reference:
EDUCATION CODE
56000 Education for individuals with exceptional needs
56001 Provision of the special education programs
56195.7 Written agreements
56195.8 Adoption of policies for programs and services
56300-56385 Identification and referral, assessment
56440-56447.1 Programs for individuals between the ages of three and five years
56500-56509 Procedural safeguards, including due process rights
56600-56606 Evaluation, audits and information
CODE OF REGULATIONS, TITLE 5
3000-3100 Regulations governing special education
4600-4671 Uniform complaint procedures
UNITED STATES CODE, TITLE 20
1232g Family Educational Rights and Privacy Act
1400-1482 Individuals with Disabilities Education Act
UNITED STATES CODE, TITLE 29
794 Section 504 of the Rehabilitation Act
UNITED STATES CODE, TITLE 42
11434 Homeless assistance
CODE OF FEDERAL REGULATIONS, TITLE 34
99.10-99.22 Inspection, review and procedures for amending education records
104.36 Procedural safeguards
300.1-300.818 Assistance to states for the education of students with disabilities, especially:
300.500-300.520 Procedural safeguards and due process for parents and students
Management Resources:
FEDERAL REGISTER
Rules and Regulations, August 14, 2006, Vol. 71, Number 156, pages 46539-46845
WEB SITES
California Department of Education, Special Education: http://www.cde.ca.gov/sp/se
U.S. Department of Education, Office of Special Education Programs: http://www.ed.gov/about/offices/list/osers/osep
Policy CARLSBAD UNIFIED SCHOOL DISTRICT
adopted: July 26, 2006 Carlsbad, California
revised: February 28, 2007