Procedral Safeguards Available to Parents of Students Wth Disabilities

PROCEDURAL SAFEGUARDS AVAILABLE TO PARENTS OF STUDENTS WTH DISABILITIES

Procedural safeguards’ Notice The following acronyms are used educational the procedural other mode of throughout this document: placement of safeguards provisions communication you The Individuals with Disabilities ALJ Administrative Law your child, or the in Part B of the use, unless it is Education Act (IDEA), the Judge provision of a IDEA; clearly not feasible Federal law concerning the BIP Behavioral free appropriate 5. Tell you how you can to do so. education of students with Intervention Plan public education obtain a description of If your native language or disabilities, requires schools to FAPE Free Appropriate (FAPE) to your the procedural other mode of provide parents of a child with a Public Education child; or safeguards if the communication is not a disability with a notice containing FERPA Family Educational 2. Refuses to action that your written language, your a full explanation of the Rights and Privacy initiate or to school district is school district must procedural safeguards available Act change the proposing or refusing ensure that: under the IDEA and U.S. FBA Functional identification, is not an initial 1. The notice is Department of Education Behavioral evaluation, or referral for translated for you regulations. A copy of this notice Assessment educational evaluation; orally by other must be given to the parents only IDEA Individuals with placement of 6. Include resources for means in your native one time a school year, except that Disabilities your child, or you to contact for language or other a copy must be given to the Education Act the provision help in understanding mode of parents: (1) upon initial referral or IEE Independent of FAPE to Part B of the IDEA; communication; parent request for evaluation; (2) Educational your child. 7. Describe any other 2. You understand upon receipt of the first State Evaluation Content of notice choices that your the content of complaint under 34 CFR IEP Individualized The written notice must: child’s individualized the notice; and §§300.151 through 300.153 and Education Program 1. Describe the education program 3. There is written upon receipt of the first due MDE Michigan action that (IEP) Team evidence that 1 process complaint under §300.507 Department of your school considered and the and 2 have in a school year; (3) when a Education district reasons why those been met. decision is made to take a OSE/EIS Office of Special proposes or choices were rejected; NATIVE LANGUAGE disciplinary action that constitutes Education and Early refuses to and 34 CFR §300.29 a change of placement; and (4) Intervention take: 8. Provide a description upon parent request. [34 CFR Services 2. Explain why of other reasons why Native language, when used §300.504(a)] This procedural SOAHR State Office Of your school the school district with an individual who has safeguards notice must include a Administrative district is proposed or refused limited English proficiency, full explanation of all of the Hearings and Rules proposing or the action. means the following: procedural safeguards available refusing to take Use of individualized 1. The language under§300.148 (unilateral PRIOR WRITTEN NOTICE the action; education program as notice normally used by placement at private school at 34 CFR § 300.503 3. Describe each A public agency may use the that person, or, in public expense), §§300.151 evaluation IEP as part of the prior written the case of a through 300.153 (State complaint Notice procedure, notice as long as the child, the Your school district (the term procedures), §300.300 (consent), assessment, document(s) the parent language “school district,” as used in this §§300.502 through 300.503, record, or report receives meets all the normally used by Notice, includes a public school your school §§300.505 through 300.518, and requirements in §300.503. the child’s academy) must give you written district used in parents; §§300.530 through 300.536 Notice in understandable notice (provide you certain deciding to 2. In all direct (procedural safeguards in Subpart language information in writing), whenever propose or refuse contact with a E of the Part B regulations), and it: The notice must be; the action; 1. Written in language child (including §§300.610 through 300.625 1. Proposes to initiate or to 4. Include a evaluation of the (confidentiality of information change the understandable to the statement that general public; and child), the provisions in Subpart F). identification, you have language evaluation, or 2. Provided in your protections under native language or normally used by

Revised August 2013 Page 1 the child in the home Your withdrawal of consent does not Special rules for initial responsibility for the make a FAPE or learning negate (undo) an action that has evaluation of wards of the general care of the child; available to your environment. occurred after you gave your consent State 2. Considered a ward of child for its failure For a person with deafness or and before you withdrew it. If a child is a ward of the the State under State to provide those blindness , or for a person with no State and is not living with law; services to your written language, the mode of PARENTAL CONSENT his/her parent- 3. Considered a ward of child; and communication is what the person 34 CFR §300.300 The school district does not the court under State 2. Is not required to have normally uses (such a sign language, need consent from the parent law; or an IEP meeting or Braille, or oral communication). Consent for initial evaluation for and initial evaluation to 4. In the custody of a develop an IEP for Your school district cannot conduct determine if the child is a public child welfare your child for the ELECTRONIC MAIL an initial evaluation of your child to child with a disability if: agency. special education and 34 CFR § 300.505 determine whether your child is 1. Despite reasonable Parental consent for services related services for eligible under Part B of the IDEA to efforts to do so, the Your school district must obtain which your consent If your school district offers parents receive special education and related school district your informed consent before was requested. the choice of receiving documents by services without first providing you cannot find the providing special education and Revocation of parental consent e-mail, you may choose to receive with prior written notice of the child’s parent; related services to your child for If you inform the school district the following by e-mail: proposed action and without 2. The rights of the the first time, and must make in writing that you revoke (take 1. Prior written notice; obtaining your consent as described parents have been reasonable efforts to obtain that back) your consent for your 2. Procedural safeguards under the heading, terminated in informed consent. If you do not school district to provide special notice; and Parental Consent – Definition. accordance with respond to a request to provide education related services to your 3. Notices related to a due Your school district must make the State law; or your consent for your child to child, your school district: process complaint. reasonable efforts to obtain your 3. A judge or a receive special education and 1. May not continue to informed consent for an initial public agency related services for the first provide special PARENTAL CONSENT- evaluation to decide whether your with responsibility time, or if you refuse to give education and related DEFINITION child is a child with a disability. for the general such consent, your school services to your child; 34 CFR § 300.9 Your consent for initial evaluation care of the child district may not use the 2. Must provide you does not mean that you have also has assigned the procedural safeguards (i.e., with timely prior Consent given your consent for the school right to make mediation, due process written notice, Consent means: district to start providing special educational complaint, resolution meeting, consistent with 1. You have been fully education and related services to decisions and to or an impartial due process §300.503 of the informed in your native your child. consent for and hearing) in order to obtain IDEA regulations, of language or other mode of If your child enrolled in public initial evaluation agreement or a ruling that the their proposal to communication (such as school or you are seeking to enroll to an individual special education and related discontinue special sign language, Braille, or your child in a public school and other than the services (recommended by your education and related oral communication) of all you have refused to provide parent. child’s IEP Team) may be services based on information about the consent or failed to respond to a provided to your child without receipt of your action for which you are request to provide consent for an Ward of the State, as used your consent. written revocation of giving consent. initial evaluation, your school in the IDEA, means a If you refuse to give your consent; 2. You understand and agree district may, but is not required to, child who, is: consent for your child to receive 3. May not use due in writing to that action , seek to conduct an initial 1. A Foster child, special education and related process procedures and the consent describes evaluation of your child by unless the child’s services, for the first time, or if (i.e., mediation, that action and list the utilizing the Act’s mediation or foster parent has you do not respond to a request resolution meeting, or records (if any) that will due process complaint, resolution been assigned the to provide such consent and the an impartial due be released and to whom; meeting, and impartial due process right to make school district does not provide process hearing) in and hearing procedures. Your school educational your child with special order to obtain 3. You understand that the district will not violate its decisions on the education and related services agreement or ruling consent is voluntary on obligations to locate, identify, and child’s behalf by a for which it sought your that the services your part and you may evaluate your child if it does not judge overseeing consent, your school district: maybe provided to withdraw your consent at pursue an evaluation of your child the child’s case or a 1. Is not in violation of your child; anytime. in these circumstances. public agency with the requirement to

Revised August 2013 Page 2 4. Is not in violation of the to obtain parental consent for initial Other consent requirements Parent right to evaluation at requirement to make evaluations, to provide special Your consent is not required INDEPENDENT EDUCATIONAL public expense FAPE available to your education and related services for the before your school district EVLUATIONS You have the right to an IEE of child for its failure to first time, to reevaluation and to may: 34 CFR § 300.502 your child at public expense if provide further special locate parents of wards of the State you disagree with an evaluation education and related for initial evaluations. The 1. Review existing General of your child obtained by your services to your child; documentation must include a record data as part of your As described below, you have the school district, subject to the 5. Is not required to have an of the school district’s attempts in child’s evaluation right to obtain an independent following conditions: IEP meeting or develop these areas, such as: or a reevaluation; educational evaluation (IEE) of and IEP for your child for 1. Detailed records of or your child if you disagree with the 1. If you submit a written the further provision of telephone calls made or 2. Give your child a evaluation of your child that was request for an IEE of special education and attempted and the results test of other obtained by your school district. If your child at public related services; and of those calls; evaluation that is you request an IEE, the school expense, your school 6. Is not required to amend 2. Copies of correspondence given to all district must provide you with district must respond, your child’s education sent to the parents and any children unless, information about in writing, to the records to remove any responses received; and before that test or Where you may obtain an IEE and request within seven references to your child’s 3. Detailed records of visits evaluation, about the school districts criteria calendar days of the receipt of special made to the parent’s home consent is that apply to IEEs. receipt of the request, education and related or place of employment required from all indicating the district’s services because of the and the results of those parents of all Definitions intent to either: (a) revocation of consent. visits. children. IEE means an evaluation provide the IEE at Parental consent for reevaluations conducted by a qualified examiner public expense; or (b) Your school district must obtain your Your school district may not who is not employed by the school file a due process informed consent before it use your refusal to consent to district responsible for the complaint to request a reevaluates your child, unless your one service or activity to education of your child. hearing to show that school district can demonstrate that: deny you or your child any Public expense means that the it’s evaluation of your 1. It took reasonable steps to other service, benefit, or school district either pays for the child is appropriate. obtain your consent for activity. full cost of the evaluation or 2. If your school district your child’s reevaluation; If you have enrolled your ensures that the evaluation is requests a hearing and and child in a private school at otherwise provided at no cost to the final decision is 2. You did not respond. your own expense of if you you, consistent with the provisions that your school are home schooling your of Part B of the IDEA, which district’s evaluation of If you refuse to consent to our child, and you do not provide allow each state to use whatever your child is child’s evaluation, the school district your consent for your child’s state, local, federal, and private appropriate, you still may, but is not required to, pursue initial evaluation or your sources of support are available in have the right to an your child’s reevaluation by using child’s reevaluation, or you the state to meet the requirements IEE, but not at public mediation, due process complaint, fail to respond to a request to of Part B of the Act. expense. resolution meeting, and impartial due provide your consent, the 3. If you request an IEE process hearing procedures to seek to school district may not use its of your child, the override your refusal to consent to consent override procedures school district may ask your child’s reevaluation. As with (i.e., mediation, due process why you object to the initial evaluations, your school complaint, resolution evaluation of your district does not violate its meeting, or an impartial due child obtained by your obligations under Part B of the IDEA process hearing) and is not school district. if it declines to pursue the required to consider your However, your school reevaluation in this manner. child as eligible to receive district may not require equitable services (services an explanation and Documentation of reasonable made available to parentally- may not unreasonably efforts to obtain parental consent placed private school delay either providing Your school must maintain children with disabilities). the IEE of your child at documentation of reasonable efforts

Revised August 2013 Page 3 public expense or filing a obtained including the location of the PERSONALLY Notice to Parents Part 99. Before any due process complaint to evaluation and the qualifications of IDENTIFIABLE 34 CFR § 300.612 major identification, request a due process the examiner must be the same as the INFORMATION location, or evaluation hearing to defend the criteria that the school district uses 34 § 300.32 The Michigan Department of activity (also known as school district’s evaluation when it initiates an evaluation (to the Education (MDE) must give “child find”), the of your child. extent those criteria are consistent Personally identifiable means notice to parents that the MDE notice must be 4. If an IEE that you obtain with your right to an IEE). information that has: has procedures and policies that published or does not meet the school Except for the criteria described (a) Your child’s name, are adequate to fully inform announced in district’s criteria, the above, a school district may not your name as the parents about confidentiality of newspapers or other school district may file a impose conditions or timelines parent, or the name personally identifiable media, or both, with due reimbursement of the related to obtaining an IEE at public of another family information, including circulation adequate to expense of your IEE may expense. member. 1. A description of the the State of the activity be denied. You are entitled (b) Your child’s extent to which the to locate, identify, and to only one IEE of your DEFINITIONS address; notice is given in native evaluate children in child at public expense 34 CFR § 300.611 (c) A personal languages of the various need of special each time your school identifier, such as population groups in the education and related district conducts an As used under the heading, your child’s social State; services. evaluation of your child Confidentiality of Information: security number or 2. A description of the with which you disagree. . Destruction means student number; or children on whom ACCESS RIGHTS Parent-initiated evaluations physical destruction or (d) A list of personal personally identifiable 34 CFR $ 300.613 If you obtain an IEE of your child at removal of personal characteristics or information is public expense or you share with the identifiers from other information maintained, the types of The participating agency must school district an evaluation of your information so that the that would make it information sought, the permit you to inspect and review child that you obtained at private information is no longer possible to identify methods the State any education records relating to expense: personally identifiable. your child with intends to use in your child that are collected, 1. Your school district must . Education records means reasonable gathering the maintained, or used by the consider the results of the the type of records covered certainty. information (including participating agency under Part B evaluation of your child, If under the definition of the sources from whom of the IDEA. The participating it meets the school “education records” in 34 information is agency must comply with your district’s criteria for IEEs, CFR Part 99 (the gathered),and the uses to request to inspect and review any in any decision made with regulations implementing be made of the education records on your child respect to the provision of the Family Educational information without unnecessary delay and a FAPE to your child; and Rights and Privacy Act of 3. A summary of the before any meeting regarding an 2. You or your school district 1974, 20 U.S.C. 1232g policies and procedures IEP, or any impartial due process may present the evaluation (FERPA)). FERPA define that participating hearing ( including a resolution as evidence at due process “education records” as agencies must follow meeting or a hearing regarding hearing regarding your records that are directly regarding storage, discipline), and in no case more child. related to a student disclosures to the third than 45 calendar days after you maintained by an parties, retention, and have made a request. Requests for evaluations by an educational agency or by a destruction of personally administrative law judge party acting for the agency. identifiable information; Your right to inspect and review . Participating agency and education records includes: If an administrative law judge (ALJ) means any school district, 4. A description of all of requests an IEEE of your child as agency or institution that the rights of parents and 1. Your right to a part of a due process hearing, the collects, maintains, or uses children regarding this response form the cost of the evaluation must be at personally identifiable information, including participating agency to public expense. information, or from which the rights under the your reasonable School district criteria information is obtained, FERPA and its requests for If an IEE is at public expense the under Part B of the IDEA. implementing explanations and criteria under which the evaluation is regulations in 34 CFR

Revised August 2013 Page 4 interpretations of the RECORDS ON MORE THAN the information to change the is inaccurate, misleading or officials of participating records; ONE CHILD information. otherwise in violation of the agencies. Except under the 2. Your right to request that 34 CFR § 300.615 privacy or other rights f the child, circumstances specified below, the participating agency The participating agency it must change the information your consent is not required provide copies of the If any education record includes must decide whether to accordingly and inform you in before personally identifiable records if you cannot information on more than one child, change the information in writing. If, as a result of the information is released to effectively inspect and the parents of those children have the accordance with your request hearing, the participating agency officials of participating agencies review the records unless right to inspect and review only the within a reasonable period of decides that the information is not for purposes of meeting a you receive those copies; information relating to their child or time of receipt of your inaccurate, misleading, or requirement of Part B of the and to be informed of that specific request. .If the participating otherwise in violation of the IDEA. 3. Your right to have your information. agency refuses to change the privacy or other rights of your representative inspect and information in accordance child, it must inform you of your Your consent, or consent of an review the records. LIST OF TYPES AND with your request, it must right to place in the records that it eligible child who has reached LOCATIONS OF INFORMATION inform you of the refusal and maintains on your child a the age of majority under State The participating agency may 34 CFR § 300.616 advise you of the right to a statement commenting on the law, must be obtained before presume that you have authority to hearing as described under information or providing any personally identifiable inspect and review records relating On request, each participating the heading, Opportunity For reasons you disagree with the information is released to to your child unless advised that agency must provide you with a list a Hearing. decision of the participating officials of participating agencies authority under applicable State law of the types and locations of agency. Such an explanation providing or paying for transition governing such matters as education records collected, OPPORTUNITY FOR A placed in the records of your child services. guardianship, or separation and maintained, or used by the agency. HEARING must: divorce. 34 CFR § 300.619 1. Be maintained by the If your child is in, or is going to FEES participating agency as go to, a private school that is not RECORD OF ACCESS 34 CFR § 300.617 The participating agency part of the records of located in the same school 34 CFR § 300.614 must, on request, provide you your child as long as the district you reside in, your Each participating agency must keep Each participating agency may an opportunity for a hearing record or contested consent must be obtained before a record of parties obtaining access charge a fee for copies of records to challenge information in portion is maintained by any personally identifiable to education records collected, that are made for you under Part B of education records regarding the participating agency; information about your child is maintained, or used under Part B of the IDEA, if the fee does not your child to ensure that it is and released between officials in the the IDEA (except access by parents effectively prevent you from not inaccurate, misleading, or 2. If the participating school district where the private and authorized employees of the exercising your right to inspect and otherwise in violation of the agency discloses the school is located and officials in participating agency), including the review those records. privacy or other rights of records of your child or the school district where you name of the party, the date access your child. the challenged portion to reside. was given, and the purpose for which A participating agency may not any party, the the party is authorized to use the charge a fee to search for or to HEARING PROCEDURE explanation must also be SAFEGUARDS records. retrieve information under Part B of 34CFR § 300.621 disclosed to that party. 34 CFR § 300.623 the IDEA. A hearing to challenge CONSENT FOR DISCLOSURE Each participating agency must AMENDMENT OF RECORDS information in education OF PERSONALLY protect the confidentiality of AT PARENTS REQUEST records must be conducted IDENTIFIABLE personally identifiable 34 CFR § 300.618 according to the procedures INFORMATION information at collection, 34 CFR § 300.622 for such hearings under the storage, disclosure and If you believe that information in the FERPA. destruction stages. One official Unless disclosure of personally education records regarding your at each participating agency identifiable information contained child collected, maintained, or used RESULT OF HEARING assume responsibility for in education records (without under Part B of the IDEA is 34 CFR 300.620 ensuring the confidentiality of § parental consent) is authorized inaccurate, misleading, or violates any personnaly identifiable under FERPA, your consent must the privacy or other rights of your information. All persons IF, as a result of the hearing, be obtained before personally child, you may request the collecting or using personally the participating agency identifiable information is participating agency that maintains identifiable information must decides that the information disclosed to parties other than

Revised August 2013 Page 5 receive training or instruction The MDE has established procedures use of the 2. Is signed by both you and for due process complaints regarding Michigan’s policies and to make mediation available to allow mediation process and a representative of and hearings. As explained procedures regarding confidentiality you and the school district to resolve to you. the school district. below, any individual or under Part B of the IDEA and the disagreements involving any matter organization may file a State FERPA. Each participating agency under Part B or Part C of the IDEA, The MDE must maintain a A written, signed mediation complaint alleging a violation of must maintain, for public inspection, including matters arising prior to the list of people who are agreement is enforceable in any any Part B or Part C requirement a current listing of the names and filing of a state complaint or a due qualified mediators and know State court of competent by a school district, the MDE, or positions of those employees within process complaint. Thus, mediation the laws and regulations jurisdiction (a court that has the any other public agency. Only the agency who may have access to is available to resolve disputes under relating to the provision of authority under State law to hear you or a school district may file a personally identifiable information. Part B or Part C of the IDEA, special education and related this type of case ) or in a district due process complaint on any whether or not you have filed a due services. The MDE must court of the United states. matter relating to a proposal or a DESTRUCTION OF process hearing as described under select mediators on a random, Discussions that happened during refusal to initiate or change the INFORMATION the heading. rotational, or other impartial the mediation process must be identification, evaluation or 34 CFR § 300.624 basis. confidential. They cannot be used educational placement of a child Filing a Due Process Complaint. The State is responsible for as evidence in any future due with a disability, or the provision Your school district must inform you Requirements the cost of the mediation process hearing or civil of a FAPE to the child. While when personally identifiable The procedures ensure that the process, including the costs proceeding of any federal court or staff of the MDE generally must information collected, maintained, or mediation process: of meetings. These services state court of a state receiving resolve a State complaint within used under Part B of the IDEA is no 1. Is voluntary on your part are provided by the Michigan assistance under Part B or Part C a 60-calendar-day timeline, longer needed to provide educational and the school district’s Special Education Mediation of the IDEA. unless the timeline is properly services to your child. part; Program at Impartiality of mediator extended, an ALJ must hear a The information must be destroyed 2. Is not used to deny or http:// www.cenmi,org/msemp The mediator: due process complaint (if not at your request. However, a delay your right to a due . 1. May not be an employee resolved through a resolution permanent record of your child’s process hearing, or to Each meeting in the of the MDE or the meeting or through mediation ) name, address, and phone number, deny any other rights you mediation process must be school district that is and issue a written decision his or her grades, attendance record, have under Part B or Part scheduled in a timely manner involved in the within 45-calendar days after the classes attended, grade level C of the IDEA; and and held at a place that is education or care of end of the resolution period, as completed, and year completed may 3. Is conducted by a convenient for you and the your child; and described in this document under be maintained without time qualified and impartial school district. 2. Must not have a the heading, limitation. mediator who is trained in personal or professional Resolution Process, unless the STUDENTS RIGHTS effective mediation If you and the school district interest which conflicts ALJ grants a specific extension 34 CFR § 300.625 techniques. resolve a dispute through the with the mediator’s of the timeline at your request or mediation process, both objectivity. the school district’s request. The Under the regulations for FERPA, The school district may develop parties must enter into a A person who otherwise State complaint and due process the rights of parents regarding procedures that offer parents and legally binding agreement qualifies as a mediator is not an complaint, resolution and hearing education records are transferred to schools that choose not to use the that sets forth the resolution employee of a school district or procedures are described more the student at age 18. The rights of mediation process, an opportunity to and that: State agency solely because he or fully below. parents under Part B of the IDEA meet, at a time and location 1. States that all she is paid by the agency or school regarding education records are also convenient to you, with a discussions that district to serve as a mediator. ADOPTIONS OF STATE transferred to the student at age 18. disinterested party: happened during COMPLAINT However, a participating agency 1. Who is under contract with the mediation STATE COMPLAINT 34CFR § 300.151 must provide any notice required an appropriate alternative process will remain PROCEDURES under Part B of the IDEA to both the dispute resolution entity, or confidential and DIFFERENCE BETWEEN General student and the parents. a parent training and may not be used as DUE PROCESS HEARING The MDE must have written information center or evidence in any COMPLAINT AND STATE procedures (see Administrative MEDIATION community parent resource subsequent due COMPLAINT Rules for Special Education, 34 CFR § 300.506 center in the State; and process hearing or Rule 340.1701a, 340.1851-1853) 2. Who would explain the civil proceeding; The regulations for Part B of the for: General benefits and encourage the and IDEAAA set forth separate 1. Resolving any State procedures for State complaints complaint, including a

Revised August 2013 Page 6 complaint filed by an about the allegations in the 2. Include procedures hearing decision must be resolved education organization or individual complaint; for effective by the MDE. program from another State; 3. Provide the school district implementation of team report, 2. The filing of a complaint. or other public agency with the MDE’s final FILING A STATE hearing 3. Widely disseminating the the opportunity to respond decision, if needed, COMPLAINT officer State complaint procedures to the complaint, including: 34 CFR § 300.153 decision, or to parents and other including, at a minimum: (a) technical An organization or individual may court interested individuals, (a) at the option of the assistance file a signed written State decision including parent training agency, a proposal to activities; complaint under the procedures regarding and information centers, resolve the complaint; and (b)negotiations; described above. special protection and advocacy (b) an opportunity for a and The State complaint must include: education agencies, independent parent who has filed a (c) corrective 1. A statement that a programs or living centers, and other complaint and the agency actions to achieve school district or other services; or appropriate entities. to agree voluntarily to compliance. public agency has f. The state Remedies for denial of engage in mediation; State complaints and due violated: application Appropriate services 4. Review all relevant process hearings a. Any current for federal In resolving a State complaint in information and make an If a written State complaint is provision of funds under which the MDE has found a failure independent determination received that is also the the the IDEA. to provide appropriate services, the as to whether the school subject of a due process administrative 2. The facts on which the MDE must address: district or other public hearing as described below rules for statement is based; 1. The failure to provide agency is violating a under the hearing, Filing a special 3. The signature and appropriate services, requirement of Part B of Due Process Complaint, or education; contact information for including corrective action the IDEA; and the State complaint contains b. 1976 PA 451, the complainant; and appropriate to address the 5. Issue a written decision to multiple issues of which one MCL 380.1 et 4. If alleging violations needs of the child; and the complainant that or more are part of such a seq., as it regarding a specific 2. Appropriate future addresses each allegation hearing, the State must set pertains to child: provision of services for all in the complaint and aside the State complaint, or special a. The name of children with disabilities. contains: (a) findings of any part of the State education the child and fact and conclusions; and complaint that is being programs and address of MINIMUM STATE (b) the reasons for the addressed in the due process services; the residence COMPLAINT MDE’s final decision. hearing until the hearing is c. The of the child; PROCEDURES Time extension; final decision; over. Any issue in the State individuals b. The name of 34 CFR § 300.152 implementation complaint that is not a part of with the school Time limit; minimum The MDE’s procedures the due process hearing must disabilities the child is Procedures Described above also must: be resolved using the time education act attending; The MDE, through the office of 1. Permit an extension of limit and procedures of 2004, 20 c. In the case of Special Education and Early 60-calendar day time described above. If an issue U.S.C.,Chapte a homeless Intervention Services (OSE/EIS ), limit only if; (a) raised in a State complaint r 33, § 1400 et child or will include in its State complaint exceptional has previously been decided seq., and the youth, procedures a time limit of 60 circumstances exist with in a due process hearing regulations available calendar days after a complaint is respect to a particular involving the same parties implementing contact filed to: State complaint; or (b) the (you and the school district), the act, 34 information 1. Carry out an independent parent and the school then the due decision is C.F.R. part for the child, on-site investigation, if the district or other public binding on that issue and the 303; and the name MDE determines that an agency involved MDE must inform the d. An of the school investigation is necessary; voluntarily agree to complainant that the decision intermediate the child is 2. Give the complainant the extend the time to resolve is binding. A complaint school district attending; opportunity to submit the matter through alleging a school district’s or plan; d. A description additional information, mediation. other public agency’s failure e. An of the nature either orally or in writing, to implement a due process individualized of the

Revised August 2013 Page 7 problem of the of your child, or the provision of a DUE PROCESS Notice required before a hearing meeting, described child, including FAPE to your child. COMPLAINT on a due process complaint below; or facts relating to 34 CFR § 300.508 You or the school district may not 2. The ALJ grants the problem; and The due process complaint must have a due process hearing until permission for the e. A proposed allege a violation that happened not General you or the school district (or your changes, not later than resolution of the more than two years before you or In order to request a hearing, attorney or the school district’s five days before the problem to the the school district knew or should you or the school district (or attorney) properly files a due due process hearing extent known have known about the alleged action your attorney or the school process complaint that includes begins. and available to that forms the basis of the due district’s attorney) must file a the information listed above. A If the complaining party (you or the party filing process complaint. due process complaint with due process complaint is properly the school district) makes the complaint at The above timeline does not apply to the MDE, and provide a copy filed when it has been received by changes to the due process the time the you if you could not file a due to the other party. the MDE and the other party. complaint, the timelines for the complaint is process complaint within the The complaint must contain Sufficiency of complaint resolution meeting (within 15 filed. timeline because: all of the content listed below In order for a due process calendar days of receiving the The complaint must allege a and must be kept complaint to go forward, it must complaint) and the time period violation that occurred not more than 1. The school district confidential. be considered sufficient. The due for resolution (within 30 calendar one year prior to the date that the specifically misrepresented Content of the complaint process complaint will be days of receiving the complaint) complaint is received by the MDE or that it had resolved the The due process complaint considered sufficient (to have met start again on the date the the ISD. The party filing the State issues identified in the must include: the content requirements above) amended complaint is filed. complaint must forward a copy of complaint; or unless the party receiving the due School district response to a the complaint to the school district or 2. The school district 1. The name of the process complaint (you or the due process complaint other public agency serving the child withheld information child; school district) notifies the ALJ If the school district has not sent at the same time the party files the from you that it was 2. The address of the and the other party in writing, a prior written notice to you, as complaint with the OSE/EIS. required to provide you child’s residence; within 15 calendar days of described under the heading, The MDE has developed a model under Part B or Part C of 3. The name of the receiving the complaint, that the Prior Written Notice, regarding form to aid in the filing of a State the IDEA. child’s school; receiving party believes that the the subject matter contained in complaint. The model form is 4. If the child is a due process complaint does not your due process complaint, the available at Information for parents homeless child or meet the requirements listed school district must, within 10 www.michigan.gov/ose-eis. The school district must inform you youth, the child’s above. calendar days of receiving the You are not required to use the of free low-cost legal and other contact information Within five calendar days of due process complaint, send to model form. However, the complaint relevant services available in the area and the name of the receiving the notification the you a response that includes: must contain the required if you request the information, or if child’s school; receiving party (you or the school 1. An explanation of why information for filing a State you or the school district file a due 5. A description of district) considers a due process the school district complaint (see 1-4 above). process complaint. the nature of the complaint insufficient, the ALJ proposed or refused to problem of the must decide if the due process take action raised in DUE PROCESS child relating to complaint meets the requirements the due process COMPLAINT the proposed or listed above, and notify you and complaint; PROCEDURES refused action, the school district in writing 2. A description of other including facts immediately. options that your FILING A DUE PROCESS relating to the child’s IEP Team COMPLAINT Complaint amendment problem; and You or the school district may considered and the 34 CFR § 300.507 6. A proposed make changes to the complaint reasons why those resolution of the only if: options were rejected; General problem to the 1. The other party 3. A description of each You or the school district may file a extent known and approves of the changes evaluation procedure, due process complaint on any matter available to you or in writing and is given assessment, record, or relating to a proposal or a refusal to the school district the chance to resolve the report the school initiate or change the identification, at the time. due process complaint district used as the evaluation or educational placement through a resolution basis for the proposed or refused action.

Revised August 2013 Page 8 Providing the information in items 1- and while waiting for the decision of RESOLUTION PROCESS 1. You and the school attempted and the 4 above does not prevent the school any impartial due process hearing or 34 CFR § 300.510 district agree in writing results of those calls; district from asserting that your due court proceeding, unless you and the to waive the meeting; or 2. Copies of process complaint was insufficient. State or school district agree Resolution meeting 2. You and the school correspondence sent to Other party response to a due otherwise. The school district must district agree to use the you and any responses process complaint If the due process complaint involves convene a resolution mediation process, as received; and Except as stated under the sub- an application for initial admission to meeting with you and the described under the 3. Detailed records of heading immediately above, School public school, your child, with your relevant member or heading, Mediation. visits made to your district response to a due process consent, must be placed in the members of the IEP Team home or place of complaint, the party receiving a due regular public school program until who have specific Resolution period employment and the process complaint must, within 10 the completion of all such knowledge of the facts If the school district has not results of those visits. calendar days of receiving the proceedings. identified in your due resolved the due process If the school district fails to hold complaint, send the other party a If the due process complaint involves process complaint. The complaint to your satisfaction the resolution meeting within 15 response that specifically addresses an application for initial services resolution meeting must be within 30 calendar days of the calendar days of receiving notice the issues in the complaint. under Part B of the IDEA for a child convened within 15 receipt of the due process of your due process complaint, or who is transitioning from being calendar days after the due complaint (during the time period fails to participate in the MODEL FORMS served under Part C of the IDEA to process complaint is filed for the resolution process), the due resolution meeting, you may ask 34 CFR § 300.509 Part B of the IDEA and who is no with the MDE, and received process hearing may occur. an ALJ to order that the 45- longer eligible for Part C services by the school district. The 45-calendar day timeline for calendar-day due process hearing The MDE has developed a model because the child has turned three, The due process hearing issuing a final decision begins at timeline begin. form to help you file a due process the school district is not required to cannot begin until the the expiration of the 30-calendar Adjustments to the 30- complaint. You are not required to provide the Part C services that the resolution meeting is day resolution period, with certain calendar-day resolution period use the MDE model form. child has been receiving. If the child conducted. The meeting: exceptions for adjustments made If you and the school district However, the due process complaint is found eligible under Part B of the 1. Must include a to the 30-calendar-day resolution agree in writing to waive the must contain the required IDEA and you consent for the child representative of period, as described below. resolution meeting, the 45- information for filing a due process to receive special education and the school district Except where you and the school calendar day timeline for the due complaint. The model form is related services for the first time, who has decision- district have both agreed to waive process hearing starts the next available at www.michigan.gov/ose- then, pending the outcome of the making authority the resolution processor to use day. eis. proceedings, the school district must on behalf of the mediation, your failure to After the start of mediation or the (Note: Use of the model form does provide those special education and school district; and participate in the resolution resolution meeting and before the not guarantee that an ALJ would find related services that are not in 2. May not include an meeting will delay the timelines end of the 30-calendar-day the complaint sufficient if the other dispute (those which you and the attorney of the for the resolution process and due resolution period, if you and the party objects to the sufficiency of the school district both agree upon). school district process hearing until you do school district agree in writing complaint.) unless you are participate in a meeting. that no agreement is possible, the accompanied by an If after making reasonable efforts 45-calendar-day timeline for the THE CHILD”S PLACEMENT attorney. and documenting such efforts, the due process hearing starts the WHILE THE DUE PROCESS You and the school district school district is not able to obtain next day. COMPLAINT AND HEARING determine the relevant your participation in the resolution If you and the school district ARE PENDING members of the IEP Team to meeting, the school district may, agree to use the mediation at the end of the 30-calendar-day 34 CFR § 300.518 attend the meeting. process, at the end of the 30- The purpose of the meeting is resolution period, request that an calendar-day resolution period, ALJ dismiss your due process Except as provided below under the for you to discuss your due both parties can agree in writing complaint. heading, Procedures When process complaint, and the to continue the mediation until Documentation of such efforts Disciplining Children with facts that form the basis of an agreement is reached. must include a record of the Disabilities, once a due process the complaint, so that the However, if either you or the school district’s attempts to complaint is filed with the MDE and school district has the school district later withdraws arrange a mutually agreed upon received by the other party, your opportunity to resolve the from the mediation process, the time and place, such as: child must remain in his or her dispute. 45-calendar day timeline for the 1. Detailed records of current educational placement during The resolution meeting is not due process hearing starts the telephone calls made or the resolution process time period, required if: next day.

Revised August 2013 Page 9 the education or care of district knew or should have evidence at the hearing In matters alleging a procedural Written settlement agreement the child. However, a known about the issue(s) that has not been violation, an ALJ may find that If a resolution to the dispute is person is not an employee addressed in the complaint. disclosed to that party at your child did not receive FAPE reached at the resolution meeting, of the agency solely Exceptions to the timeline least five business days only if the procedural you and the school district must enter because he /she is paid by The above timeline does not before the hearing; inadequacies: into a legally binding agreement that the agency to serve as an apply to you if you could not 4. Obtain a written, or, at 1. Impeded with your is: ALJ; file a due process complaint your option, electronic, child’s right to a 1. Signed by you and a 2. Must not have a personal because: word-for-word record of FAPE; representative of the or professional interest that 1. The school district the hearing; and 2. Significantly impeded school district who has the conflicts with the ALJs specifically 5. Obtain written, or, at with your opportunity authority to bind the school objectivity in the hearing ; misrepresented that your option, electronic to participate in the district; and 3. Must be knowledgeable it had resolved the findings of fact and decision-making 2. Enforceable in any state and understand the problem or issue decisions. process regarding the court of competent provisions of the IDEA, that you are raising Additional disclosure of provision of a FAPE to jurisdiction (a state court and federal and state in your complaint; information your child; or that has authority to hear regulations pertaining to or At least five business days prior to 3. Caused a deprivation this type of case) or in a the IDEA, and legal 2. The school district a due process hearing, you and the of an educational district court of the United interpretations of the IDEA withheld school district must disclose to benefit. States. by federal and state courts; information from each other all evaluations Construction clause Agreement review period and you that it was completed by that date and None of the provisions described If you and the school district enter 4. Must have the knowledge required to provide recommendations based on those above can be interpreted to into an agreement as a result of a and ability to conduct to you under Part B evaluations that you or the school prevent an ALJ from ordering a resolution meeting, either party (you hearings, and to make and or Part C of the district intend to use at the school district to comply with the or the school district) may void the write decisions, IDEA. hearing. requirements in the procedural agreement within 3 business days of consistent with An ALJ may prevent any party safeguards section of the federal the time that both you and the school appropriate, standard HEARINGS RIGHTS that fails to comply with this regulations under Part B of the district signed the agreement. legal practice. 34 CFR § 300.512 requirement from introducing the IDEA (34 CFR §§300.500 ALJs are State classified civil service General relevant evaluation or through 300.536). HEARINGS ON DUE PROCESS employees who are attorneys and Any party to a due process recommendation at the hearing COMPLAINTS who are employed by the State hearing (including a hearing Separate request for a due without the consent of the other process hearing Impartial Due Processing Office of Administrative Hearings relating to disciplinary party. Hearing and Rules (SOAHR). The MDE procedures) has the right to: Nothing in the procedural Parental rights at hearings 34 CFR $ 300.511 (through the SOAHR) keeps a list 1. Be accompanied safeguards section of the federal You must be given the right to: that includes a statement of the and advised by a regulations under Part B of the 1. Have your child present; General qualifications of those persons who lawyer and/or IDEA (34 CFR §§300.500 2. Open the hearing to the Whenever a due process complaint is serve as ALJs. persons with through 300.536) can be public; and filed, you or the school district Subject matter of due process special knowledge interpreted to prevent you from 3. Have the record of the involved in the dispute must have an hearing or training filing a separate due process hearing, the findings of opportunity for an impartial due The party (you or the school district) regarding the complaint on an issue separate fact and decisions process hearing, after following the that requests the due process hearing problems of from a due process complaint provided to you at no procedures described in the may not raise issues at the due children with already filed. cost. described in the Due Process process hearing that were not disabilities; Findings and decision to Complaint and Resolution Process addressed in the due process 2. Present evidence advisory panel and general HEARINGS DECISIONS sections. complaint, unless the other party and confront, cross- public 34CFR 300.513 Impartial administrative law judge agrees. examine, and § The MDE, after deleting any At a minimum, an ALJ: compel the personally identifiable Timeline for requesting a hearing attendance of Decision of administrative law information, must: 1. Must not be an employee You or the school district must file a witnesses; judge 1. Provide the findings of the MDE or the school due process complaint within two 3. Prohibit the An ALJ’s decision on whether and decisions in the district that is involved in years of the date you or the school introduction of any your child received a FAPE must due process hearing to be based on substantive grounds.

Revised August 2013 Page 10 the State special education TIMELINES AND The party (you or the school under Part B of the IDEA, the due district, to be paid by you or your advisory committee; and CONVNIENCE OF HEARINGS district) bringing the action process procedures described attorney, if your request for a due 2. Make those findings and 34 CFR § 300.515 shall have 90 calendar days above must be exhausted to the process hearing or later court decisions available to the from the date of the decision same extent as would be required case was presented for any public. The MDE must ensure that not of the ALJ to file a civil if the party filed the action under improper purpose, such as to later than 45 calendar days after action. Part B f the IDEA. This means harass, to cause unnecessary APPEALS the expiration of the 30-calendar- Additional procedures that you may have remedies delay, or to unnecessarily FINALITY OF DECISION; day period for resolution meetings In any civil action, the court: available under other laws that increase the cost of the action or APPEAL; IMPARTIAL or, not later than 45 calendar days 1. Receives the overlap with those available under proceeding. REVIEW after the expiration of the adjusted records of the the IDEA, but in general, to obtain Award of fees 34 CFR §300.514 time period as described under the administrative relief under those other laws, you A court awards reasonable sub-heading, Adjustments to the proceedings; must first use the available attorneys’ fees as follows: Finality of hearing decision 30-calendar-day resolution 2. Hears additional administrative remedies under the 1. Fees must be based on A decision made in a due process period: evidence at your IDEA (i.e., the due process rates prevailing in the hearing (including a hearing relating 1. A final decision is reached request or at the complaint, resolution meeting, and community in which to disciplinary procedures) is final, in the hearing; and school districts impartial due process hearing the action or hearing except that any party involved in the 2. A copy of the decision is request; and procedures) before going directly arose for the kind and hearing (you or the school district) mailed to each of the 3. Bases its decision into court. quality of services may appeal the decision by bringing parties. on the furnished. No bonus a civil action, as described below. An ALJ may grant specific preponderance of ATTORNEY’S FEES or multiplier may be extensions of time beyond the 45- the evidence and 34 CFR § 300.517 used in calculating the calendar-day time period described grants the relief fees awarded. above at the request of either party. that the court General 2. Fees may not be Each hearing must be conducted at determines to be In any action or proceeding awarded and related a time and place that is reasonably appropriate. brought under Part B of the IDEA, costs may not be convenient to you and your child. If you prevail, the court, in its Jurisdiction of district reimbursed in any discretion, may award reasonable courts action or proceeding CIVIL ACTIONS, INCLUDING attorney’s fees as part of the costs The district courts of the under Part B of the THE TIME PERIOD IN WHICH to you. In any action or United States have authority IDEA for services TO FILE THOSE ACTIONS proceeding brought under Part B to rule on actions brought performed after a of the IDEA, the court, in its 34 CFR § 300.516 under Part B of the IDEA written offer of discretion, may award reasonable without regard to the amount settlement to you if : attorneys’ fees as part of the costs General in dispute. a. The offer is Any party (you or the school to a prevailing state educational made within district) who does not agree with Rule of construction agency or school district, to be the time the findings and decision in the due Nothing in Part B of the paid by your attorney, if the prescribed by process hearing (including a IDEA restricts or limits the attorney: (a) filed a complaint or Rule 68 of hearing relating to disciplinary rights, procedures, and court case that the court finds is the Federal procedures) has the right to bring a remedies available under the frivolous, unreasonable, or Rules of civil action with respect to the U.S. Constitution, the without foundation; or (b) Civil matter that was the subject of the Americans with Disabilities continued to litigate after the Procedure or, due process hearing. The action Act of 1990, Title V of the litigation clearly became frivolous, in the case of may be brought in a state court of Rehabilitation Act of 1973 unreasonable, or without a due process competent jurisdiction (a state court (Section 504), or other foundation; or hearing, at that has authority to hear this type federal laws protecting the In any action or proceeding any time of case) or in a district court of the rights of children with brought under part B of the IDEA, more than 10 United States without regard to the disabilities, except that before the court, in its discretion, may calendar amount in dispute. the filing of a civil action award reasonable attorney’s fees days before under these laws seeking Time limitation as part of the costs to a prevailing the relief that is also available state educational agency or school

Revised August 2013 Page 11 proceeding action or proceeding, made in accordance with the the child’s disability (see child’s IEP; begins; unreasonably delayed the following requirements Manifestation determination, and b. The offer is not final resolution of the related to discipline, is below) and the disciplinary change 2. Receive as appropriate, accepted within dispute; appropriate for a child with a of placement would exceed 10 a functional behavioral 10 calendar days; 2. The amount of the disability who violates a school days in a row, school assessment (FBA), and and attorneys’ fees otherwise school code of student personnel may apply the behavioral intervention c. The court or ALJ authorized to be awarded conduct. disciplinary procedures to that services and finds that the relief unreasonably exceeds the General child with a disability in the same modifications, that are finally obtained by hourly rate prevailing in manner and for the same duration designed to address the you is not more the community for similar To the extent that they also as it would to children without behavior violation so favorable to you than reputation, and take such action for children disabilities, except that the school that it does not happen the offer of experience; Services by without disabilities, school must provide services to that child again. settlement. attorneys of reasonably personnel may, for not more as described below under After a child with a disability has similar skill, than 10 school days in a row, Services. The child’ IEP Team been removed from his or her Despite these restrictions, an 3. The time spent and legal remove a child with a determines the interim alternative current placement for 10 school award of attorneys’ fees and services furnished were disability who violates a code educational setting for such days in that same school year, related costs may be made to excessive considering the of student conduct from his services. and if the current removal is for you if you prevail and you were nature of the action or or her current placement to an Services 10 school days in a row or less substantially justified in proceeding; or appropriate interim The services that must be provided and if the removal is not a rejecting the settlement offer. 4. The attorney representing alternative educational to a child with a disability who has change of placement (see you did not provide to the setting, another setting , or been removed from the child’s definition below), then school 3. Fees may not be awarded school district the suspension. School current placement may be personnel, in consultation with at relating to any meeting of appropriate information personnel may also impose provided in an interim alternative least one of the child’s teachers, the IEP Team unless the in the due process request additional removals of the educational setting. determine the extent to which meeting is held as a result notice as described under child of not more than 10 A school district is only required services are needed to enable the of an administrative the heading, Due Process school days in a row in that to provide services to a child with child to continue to participate in proceeding or court action. Complaint. same school year for separate a disability who has been the general education curriculum, incidents of misconduct, as removed from his or he current although in another setting, and 4. Fees also may not be However, the court may not reduce long as those removals do not placement for 10 school days or to progress toward meeting the awarded for a mediation as fees if the court finds that the state or constitute a change of less in that school year, if it goals set out in the child’s IEP. described under the school district unreasonably delayed placement (see provides services to a child If the removal is a change of heading, Mediation. the final resolution of the action or Change of Placement without disabilities who has been placement (see definition below), 5. A resolution meeting, as proceeding or there was a violation Because of Disciplinary similarly removed. Michigan does the child’s IEP Team determines described under the under the procedural Removals for the definition not require services to students the appropriate services to enable heading, Resolution Safeguards provisions of Part B of below). who are non-disabled who have the child to continue to meeting,, is not considered the IDEA. Once a child with a disability been removed for disciplinary participate in the meeting the a meeting convened as a has been removed from his or reasons. A child with a disability goals set out in the child’s IEP result of an administrative PROCEDURES WHEN her current placement for a who is removed for disciplinary general education curriculum, hearing or court action, DISCIPLINIG CHILDREN total of 10 school days in the from the child’s current placement although in another setting, and and also is not considered WITH DISABILITIES same school year, the school for more than 10 school days to progress toward meeting the an administrative hearing district must, during any must: goals set out in the child’s IEP. or court action for AUTHORITY OF SCHOOL subsequent days of removal 1. Continue to receive Manifestation determination purposes of these PERSONNEL in that school year, provide educational services, so Within 10 school days of any attorneys’ fees provisions. 34 CFR § 300.530 services to the extent required as to enable the child to decision to change the placement The court reduces, as appropriate, below under the sub-heading, continue to participate in of a child with a disability the amount of the attorneys’ fees Case-by-case determination Services. the general education because of a violation of a code awarded under Part B of the IDEA, if School personnel may consider any Additional authority curriculum, although in of student conduct, (except for a the court finds that: unique circumstances on a case-by- If the behavior that violated another setting, and to removal that is for 10 school 1. You, or your attorney, case basis, when determining the student code of conduct progress toward meeting days in a row or less and not a during the course of the whether a change of placement, was not a manifestation of the goals set out in the change of placement), the school

Revised August 2013 Page 12 district, the parent, and relevant and modify it, as Illegal drug means a 1. The removal is for more The IEP Team must determine members of the IEP Team (as necessary, to address the controlled substance; but than 10 school days in a the interim alternative determined by the parent and the behavior. does not include a controlled row; or educational setting for removals school district) must review all substance that is legally 2. The child has been that are changes of placement, relevant information in the student’s Except as described below under the possessed or used under the subjected to a series of and removals under the headings, file, including the child’s IEP, any sub-heading, Special supervision of a licensed removals that constitute Additional authority and relevant information provided by the circumstances, the school district health-care professional or a pattern because: Special circumstances, above. parents to determine: must return the child to the that is legally possessed or a. The series of 1. If the conduct in question placement from which the child was used under any authority removals total APPEAL was caused by, or had a removed, unless the parent and the under that Act or under any more than 10 34 CFR § 300.532 direct and substantial district agree to a change of other provision of Federal school days in relationship to, the child’s placement as part of the modification law. a school year; General disability; of the BIP. Serious bodily injury has the b. The child’s The parent of a child with a or Special circumstances meaning given the term behavior is disability may file a due process 2. If the conduct in question Whether or not the behavior was a “serious bodily injury” under substantially complaint (see above) to request was the direct result of the manifestation of the child’s paragraph (3) of subsection similar to the a due process hearing if he or she school district’s failure to disability, school personnel may (h) of section 1365 of title 18, child’s disagrees with: implement the child’s IEP. remove a student to an interim United States Code. (See behavior on 1. Any decision regarding If the school district, parent, and alternative educational setting Attachment A.) previous placement made under relevant members of the child’s IEP (determined by the child’s IEP Weapon has the meaning incidents that these discipline Team determine that either of those Team) for up to 45 school days, if given the term “dangerous resulted in the provisions; or conditions was met, the conduct the child: weapon” under (2) of the first series of 2. The manifestation must be determined to be a subsection (g) of section 930 removals; determination manifestation of the child’s 1. Carries a weapon to school of title 18, United States and described above. disability. If the school district, the or has a weapon at school, Code. (See Attachment A.) c. Of such The school district may file a due parent, and relevant members of the on school premises, or at a Notification additional process complaint (see above) to child’s IEP Team determine that the school function under the On the date it makes the factors as the request a due process hearing if it conduct in question was the direct jurisdiction of the MDE or decision to make a removal length of each believes that maintaining the result of the school district’s failure a school district; that is a change of placement removal, the current placement of the child is to implement the IEP, the school 2. Knowingly has or uses of the child because of a total amount substantially likely to result in district must take immediate action illegal drugs, or sells or violation of a code of student of time the injury to the child or to others. to remedy those deficiencies. solicits the sale of a conduct, the school district child has been Authority of an administrative Determination that behavior was a controlled substance while must notify the parents of removed, and law judge manifestation of the child’s at school, on school that decision, and provide the the proximity An ALJ that meets the disability premises, or at a school parents with a procedural of the requirements descried under the If the school district, the parent, and function under the safeguards notice. removals to sub-heading, relevant members of the IEP Team jurisdiction of the MDE or CHANGE OF one another. Impartial administrative law determine that the conduct was a a school district; or PLACEMENT BECAUSE Whether a pattern of removals judge, must conduct the due manifestation of the child’s 3. Has inflicted serious OF constitutes a change of placement process hearing and make a disability, the IEP Team must either: bodily injury upon another DISCIPLINARY is determined on a case-by-case decision. 1. Conduct a FBA, unless the person while at school, on REMOVALS basis by the school district and, if The ALJ may: school district had school premises, or at a 34 CFR § 300.536 challenged, is subject to review 1. Return the child with conducted a FBA before school function under the through due process and judicial a disability to the the behavior that resulted jurisdiction of the MDE or A removal of a child with a proceedings. placement from in the change of placement a school district. disability from the child’s which the child was occurred, and implement a Definitions current educational DETERMINATION removed if the ALJ behavioral intervention Controlled substance means a drug placement is a change of OF SETTING determines that the plan (BIP) for the child; or or other substance identified under placement if: 34 CFR § 300.531 removal was a 2. If a BIP already has been schedules I, II, III, IV, or V in violation of the developed, review the BIP, section 202(c)). requirements

Revised August 2013 Page 13 described under the receiving notice of the due PLACEMENT DURING disability if, before the behavior Conditions that apply if there heading, Authority of process complaint. The APPEALS that brought about the disciplinary is no basis of knowledge School Personnel, or that hearing may proceed 34 CFR § 300.533 action occurred: If prior to taking disciplinary the child’s behavior was a unless the matter has been 1. The parent of the child measures against the child, a manifestation of the resolved to the satisfaction When as described above, the expressed concern in school district does not have child’s disability; or of both parties within 15 parent or school district has writing that the child is knowledge that a child is a child 2. Order a change of calendar days of receipt of filed a due process complaint in need of special with a disability, as described placement of the child with the due process complaint. related to disciplinary education and related above under the sub-headings, a disability to an A decision made in an expedited due matters, the child must services to supervisory Basis of knowledge for appropriate interim process hearing is final, except that (unless the parent and the or administrative disciplinary matters and alternative educational any party involved in the hearing MDE or school district agree personnel of the Exception, the child may be setting for not more than (you or the school district) may bring otherwise) remain in the appropriate educational subjected to the disciplinary 45 school days if the ALJ a civil action, as described under the interim alternative agency, or a teacher of measures that are applied to determines that heading “Civil Actions, educational setting pending the child; children without disabilities who maintaining the current Including The Time Period In Which the decision of the hearing 2. The parent requested an engaged in comparable placement of the child is To File Those Actions” officer, or until the expiration evaluation related to behaviors. substantially likely to of the time period of removal eligibility for special However, if a request is made for result in injury to the child as provided for and described education and related an evaluation of a child during or others. under the heading, services under Part B of the time period in which the These hearing procedures may be Authority of School the IDEA; or child is subjected to disciplinary repeated, if the school district Personnel, 3. The child’s teacher, or measures, the evaluation must be believes that returning the child to whichever occurs first. other school district conducted in an expedited the original placement is personnel expressed manner. substantially likely to result in injury PROTECTION FOR specific concerns about Until the evaluation is to the child or to others. CHILDREN NOT YET a pattern of behavior completed, the child remains in Whenever a parent or a school ELIGIBLE FOR SPECIAL demonstrated by the the educational placement district files a due process complaint EDUCATION AND child directly to the determined by school authorities, to request such a hearing, a hearing RELATED SERVICES school district’s director which can include suspension or must be held that meets the 34 CFR § 300.534 of special education or expulsion without educational requirements described under the to other supervisory services. headings, General personnel of the school If the child is determined to e a Due Process Complaint, If a child has not been district. child with a disability, taking Hearings on Due Process determined eligible for Exception into consideration information Complaints, except as follows: special education and related A school district would not be from the evaluation conducted by 1. The MDE arranges for an services and violates a code deemed to have such knowledge the school district, and expedited due process of student conduct, but the if: information provided by the hearing, which must occur school district had knowledge 1. The child’s parent has parents, the school district must within 20 school days of (as determined below) before not allowed an provide special education and the date the hearing is the behavior that brought evaluation of the child related services in accordance requested and must result about the disciplinary action or has refused special with Part B of the IDEA, in a determination within occurred, that the child was a education services; or including the disciplinary 10 school days after the child with a disability, then 2. The child has been requirements described above. hearing. the child may assert any of evaluated and 2. Unless the parents and the the protections described in determined to not be a REFERRAL TO AND school district agree in this notice. child with a disability ACTION BY LAW writing to waive the Basis of knowledge for under Part B of the ENFORCEMENT AND meeting, or agree to use disciplinary matters IDEA. JUDICIAL AUTHORITIES mediation, a resolution A school district must be 34 CFR § 300.535 meeting must occur within deemed to have knowledge seven calendar days of that a child is a child with a Part B of the IDEA does not:

Revised August 2013 Page 14 1. Prohibit an agency from must include your child in the business days (c) Compliance with the (B) extreme physical pain; reporting a crime population whose special education (including any above requirements (C) protracted and obvious committed by a child with needs are addressed under Part B holidays that occur would likely result in disfigurement; or a disability to appropriate provisions regarding children who on a business day) physical harm to your (D) protracted loss or authorities; or have been placed by their parents in prior to your child; and impairment of the 2. Prevent state law a private school under 34 CFR §§ removal of your 2. May, in the discretion of function of a bodily enforcement and judicial 300.131 through 300.144. child from the the court or an ALJ, not member, organ, or authorities from exercising Reimbursement for private public school, you be reduced or denied for mental faculty; and their responsibilities with School placement did not give written the parents’ failure to (4) The term “bodily injury” regard to the application of If your child previously received notice to the school provide the required Means- federal and state law to special education and related district of that notice if: (a) The parent (A) a cut, abrasion, bruise, crimes committed by a services under the authority of a information; is not literate or cannot burn, or disfigurement; child with a disability. school district, and you choose to 2. If, prior to your write in English; or (b) (B) physical pain; Transmittal of records enroll your child in a private removal of your Compliance with the (C) illness; If a school district reports a crime preschool, elementary school, or child from the above requirements (D) impairment of the committed by a child with a secondary school without the consent public school, the would likely result in function of a bodily disability, the school district: of or referral by the school district, a school district serious emotional harm member, organ, or 1. Must ensure that copies of court or an ALJ may require the provided prior to the child. mental faculty; or the child’s special agency to reimburse you for the cost written notice to (E) any other injury to the education and disciplinary of that enrollment if the court or ALJ you, of its intent to TRANSFER OF PARENTAL body, no matter how records are transmitted for finds that the agency had not made a evaluate your child RIGHTS AT AGE OF temporary. consideration by the FAPE available to your child in a (including a MAJORITY Weapon authorities to whom the timely manner prior to that statement of the 34 CFR § 300.520 18 USC 930(g) agency reports the crime; enrollment and that the private purpose of the (2) The term “dangerous and placement is appropriate. evaluation that was When a student with a disability weapon” means a weapon, 2. May transmit copies of An ALJ or court may find your appropriate and reaches the age of majority (age device, instrument, material, or the child’s special placement to be appropriate, even if reasonable), but 18 in Michigan if a legal guardian substance, animate or inanimate, education and the placement does not meet the you did not make has not been appointed by the that is used for, or is readily disciplinary records only State standards that apply to the child available court), the public agency must capable of , causing death or to the extent permitted by education provided by the MDE and for the evaluation; provide any notices required under serious bodily injury, except that the FERPA. school districts. or Part B of the IDEA to both the such term does not include a 3. Upon a court’s student and the parent and all pocket knife with a blade of less REQIREMENTS FOR Limitation on reimbursement finding that your rights accorded to the parent under than 2 ½ inches in length. UNILATERAL PLACEMENT BY The cost of reimbursement described actions were Part B of the IDEA transfer to the PRIVATE SCHOOLS AT in the paragraph above may be unreasonable. student. All rights accorded to the PUBLIC EXPENSE reduced or denied: However, the cost of parent also transfer to students 1. If: (a) At the most recent reimbursement: who have reached the age of GENERAL IEP meeting that you 1. Must not be majority and who are incarcerated 34 CFR 300.148 § attend prior to your reduced or denied in an adult or juvenile federal, removal of your child from for a failure to state. Or local correctional Part B of the IDEA does not require the public school, you did provide the notice institution. a school district to pay for the cost of not inform the IEP Team if: (a) The school education, including special that you were rejecting the Attachment A-Federal prevented you from Definitions education and related services, of placement proposed by the providing the your child with a disability at a school district to provide Serious Bodily Injury notice; (b) You had 18 USC 1365(h) private school or facility if the school FAPE to your child, not received notice district made a FAPE available to including stating your (3) The term “serious bodily of your injury” means bodily injury which your child and you choose to place concerns and your intent to responsibility to the child in a private school or enroll your child in a involves- provide the notice (A) a substantial risk of facility. However, the school district private school at public described above; or where the private school is located expense; or (b) At least 10 death;

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