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Procedural Safeguards Procedu...
Procedural Safeguards Procedural safeguards protect the rights of parents and students. These safeguards include the following: Parent’s consent is always required prior to: Conducting an initial (for the first time) evaluation or a reevaluation, Initially placing a child with a disability in a special education program, Disclosing to unauthorized persons personally identifiable information. The school district must notify parents in writing whenever it wants to begin, change, or discontinue special education and related services. Along with this notification, the school district will provide the parents with a comprehensive, written description of their rights. Parents who disagree with such actions proposed or refused by the school district have the right to request a hearing by an impartial third party using a procedure called due process. Before a due process hearing will take place, the district must convene a preliminary meeting with the parent and the relevant member(s) of the IEP team in an attempt to resolve issues without the need for a due process hearing. Pennsylvania has also made mediation services available throughout the Commonwealth at Commonwealth expense. Mediation services help parents and agencies involved in a dispute over special education to attempt to reach a mutually agreeably settlement with the assistance of an impartial mediator. Mediation is completely voluntary. Mediation does not deny or delay a party’s right to a due process hearing. School districts also have the right to initiate due process in certain situations. During a due process procedure, a student must remain in the last agreed upon educational placement (a status called pendency). Due process procedures are governed by timelines and procedures in Pennsylvania law. Throughout due process, an attorney may represent parents. Due process hearings are oral personal hearings and are open to the public, unless the parents request a closed hearing. The decision of the hearing officer shall include finding of fact, a discussion, and conclusions of law. The decision of the hearing officer may be appealed to the appropriate court. Each school district must make available, upon request, printed information regarding special education programs and services and parent due process rights. This printed information is available from each building principal and/or the Office of Special Education. Mode of Communication The content of this notice has been written in straight forward, simple language. If a person does not understand any of this notice, he or she should contact the school district or IU and request an explanation. The school district or IU will arrange for an interpreter for a parent with limited English proficiency. If a parent is deaf or blind or has no written language, the school district or IU will arrange for communication of this notice in the mode normally used by the parent (e.g. sign language, Braille, or oral communication). For further information, contact: Jonalyn Romeo New Castle Area School District 420 Fern Street New Castle, PA 16101 724-656-4763 The school district, intermediate unit or charter school will not discriminate in its educational programs, activities, or employment practices, based on race, color, national origin, sex, disability, age, religion, ancestry, or any other legally protected classification. Announcements of this policy are in accordance with the state and federal laws, including Title VI of the Civil Rights Act of 1966. Title IX of the Education Amendments of 1972, Sections 503 and 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975 and the Americans with Disabilities Act of 1990. For information regarding grievance procedures, services, activities, programs and facilities that are accessible to and usable by handicapped persons or, for inquiries regarding compliance with the above nondiscriminatory policies, please contact the Superintendent of Schools at your local school district, or Midwestern Intermediate IV, 453 Maple Street, Grove City, PA 16127 (724-458-6700). The school district will make reasonable accommodations to its programs and services to assure access to all persons. If, because of a disability, you require an accommodation please contact the Superintendent of Schools, Americans with Disabilities Act Coordinator at the school district in which you reside listed above or the Director of Special Education at Midwestern Intermediate Unit IV at (724)458-6700 Legal: October 2, 7, 2024
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