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You must be given opportunities to participate in the discussion and decision making process about your child’s need for special education. You will receive notice at least five school days before meetings of the CSE or CPSE inviting you to participate in the development of the recommendations for your child’s educational program.You have legal due process rights under Federal and State laws to be involved and makesure that your child receives an appropriate education: You must receive written notice several times during the process of identifying, evaluating, placing your child and providing your child with special education services and/or programs. If your district refuses to do any of these things, you must be notified. Certain actions may not be carried out without your written consent. If you disagree with decisions made by the Committee, you may ask for meetings, mediation and/or impartial hearings to resolve (settle) disagreements between you and your school district about your child’s evaluations, identification (classification), placement or educational program (the provision of a free appropriate public education). Your Child’s EducationalRecordsYou have the right to ask for and read records about your child unless the district hasbeen legally notified in writing that your rights as a parent have been terminated orotherwise limited by a court order. Upon your request, the school district must make yourchild’s records available to you:
you have been informed in the language you speak, or other kind of communication that you understand, of all the information about the activity for which your permission is asked. you understand and agree in writing to the activity for which your permission is needed. your permission is given freely and may be withdrawn at any time. However, if you withdraw your consent, it is not retroactive (it will not apply to actions already taken by the district).Your consent will be requested when: your child will be evaluated for the first time by the Committee to decide if he or she has a disability and needs special education. your child is recommended to receive special education services and programs for the first time. your child is recommended to receive twelve-month special education services (programs during July and August) for the first time. your child will be reevaluated. the school district proposes to use your private insurance. In this case, you must be notified that if you refuse to allow the school district to access (use) your private insurance, the district is still responsible to provide all required services at no cost to you. another agency other than a school requests to review records about your child. The request for consent will include information about the records that will be released and to whom they will be given.Your consent is not required: before reviewing existing data (information) as part of an initial evaluation or a reevaluation. administering (giving) a test or other evaluation that is given to all students (unless parents of all students must give consent before the test is given). to conduct a reevaluation if the school district can show that it has taken reasonable measures to get your consent, and you did not respond.If you, as a parent of a school-age child, do not provide consent for an initialevaluation, the district will inform you that you may ask for an informal meeting with theschool district to discuss the evaluation. You may ask questions about the evaluation andmay bring someone to advise you to the meeting. At that meeting, you will meet with theperson who made the initial referral for special education and someone who is mostfamiliar with the evaluation. If at the meeting, you and the person who made the referralagree in writing that there is no need for a referral, the referral will be withdrawn. If,within 30 calendar days after the referral is received, you and the school district do notagree to withdraw the referral and you continue to refuse consent, the district mustinitiate (start) an impartial hearing to decide whether to conduct the evaluation.
Each school district must try every reasonable way to notify the parents of the childwho has been referred or is in need of special education and related services. The Boardof Education must appoint a surrogate parent to speak for the child from the list ofsurrogate parents kept by the Board if: the school district, after reasonable efforts, cannot find the parent. the child’s parents or guardian are not known. the child is a ward of the State.The person selected as a surrogate parent: can represent (speak for) the child in all matters about the identification, evaluation, educational placement and the provision of a free appropriate public education to the child. must have the knowledge and skills to represent (speak for) the child. cannot have any interests which conflict with the interests of the child he or she represents. cannot be an officer, agent or employee of the school district, the State Education Department or the agency which is involved in the education or care of the child. may be an employee of a nonpublic agency that only provides non-educational care for the child. may be the foster parent of the child who meets the above qualifications. A foster parent does not have to be on a list approved by the Board of Education.The person is not an employee of the agency just because he or she is paid by theagency to serve as a surrogate parent.
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