State of Iowa

Grimes State Office Building

Des Moines, Iowa

50319-0146

Corine A. Hadley, President, Newton

Sally J. Frudden, Vice President, Charles City

Gregory A. Forristall, Macedonia

Gregory D. McClain, Cedar Falls

Mary Jean Montgomery, Spencer

Donald L. Roby, Decorah

Gene E. Vincent, Carroll

Kay Wagner, Bettendorf

John C. White, Iowa City

Ted Stilwill, Director and Executive Officer

of the State Board of Education

Gail Sullivan, Chief of Policy and Planning

Top of Page

Judy Jeffrey, Administrator

Brenda Oas, Chief, Bureau of Children, Family and Community Services

It is the policy of the Iowa Department of Education not to discriminate on the basis of race, color, national origin, gender, disability, religion, creed, age or marital status in its programs or employment practices. If you have questions or grievances related to this policy, please contact: Chief, Bureau of Administration and School Improvement Services, Grimes State Office Building, Des Moines, Iowa 50319, (515) 281-5811.

Introduction 1

Evaluation 3

Prior Notice 5

Behavior and Discipline Issues 7

Legal Process Options 11

Attorney Fees 16

Placement of Children by Parents in Private Schools

When FAPE is an Issue 17

Confidentiality of Information 19

Child's Rights 22

Sample Forms 23

Parents have rights, known as procedural safeguards, which apply to every aspect of the special education process; for example, the evaluation, decisions of educational placement, access to educational records and IEP team participation. State and federal laws and regulations outline what needs to happen to ensure that children with identified disabilities receive a free appropriate public education (FAPE). This document serves as your procedural safeguards notice and will help you understand the rights available to you and your child through a federal law, the Individuals with Disabilities Education Act Amendments of 1997 (IDEA ‘97) and the Iowa Administrative Rules of Special Education. Some of the areas that will be reviewed in this document are: Notice, Informed Consent, Recordkeeping, Evaluations, Mediation, Due Process, Attorneys’ Fees, Age of Majority and Discipline.

If you would like further explanation of your rights, contact any of the following for more assistance:

• Your local school district Superintendent
• Your Area Education Agency (AEA) Director of Special Education
• Your local AEA Parent-Educator Connection program
• The Bureau of Children, Family and Community Services

• The Iowa Parent Training and Information Center

• Iowa Protection and Advocacy, Inc.

• Other advocacy organizations

Both you and the school district share in the education of your child. If you or school personnel have concerns about the education of your child, use every opportunity to hold early and open discussions about your concerns. If your child is receiving special education services, become actively involved in the development of your child’s Individualized Education Program (IEP).

1. Initial referral for evaluation;
2. Each notification of an IEP meeting;
3. Reevaluation of your child; and
4. Receipt of a request for due process hearing under IDEA

• Iowa Administrative Rules of Special Education

• Individuals with Disabilities Education Act

• Family Educational Rights and Privacy Act:

• Their Future, Our Guidance, the Iowa IEP Guidebook

• Their Future, Our Guidance, IEPs At A Glance

• Working Things Out When Things Go Wrong

1. Initial evaluation
2. Reevaluation

1. Reviewing existing data as part of an evaluation or reevaluation
2. For administering a test or other evaluation that is given to all children, unless consent is required of parents of all children

1. The important ideas must be written down.
2. The consent must be written in your native language or presented in a communication mode that works for you.
3. Description of the activity you are consenting to be done.
4. You may revoke your consent at any time, but the revocation is not retroactive, i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked.
5. You need to understand what is being communicated.
6. If the consent is for a record release, the records must be listed as well as to whom the record is being sent.
7. Your agreement to the activity must be in writing.

1. If you are seeking an IEE at public expense, the qualifications of the evaluator and the location of the evaluation must be the same as the public agency.
2. The public agency may not impose conditions or timelines, other than their criteria in getting the IEE.
3. The public agency criteria must be consistent with your right to an IEE.

• The initiation of a service
• A change in special education service
• Issues related to identification of special education services
• The educational placement of your child, if there is a change
• Evaluations that are needed
• Anything related to the provision of FAPE if the IEP team's inquiry leads to the conclusion that a substantial or material change has occurred

1. A description of the proposed or refused action
2. An explanation of why an action is being proposed or refused
3. What the agency used as basis for a decision to propose or refuse an action
4. Description of other factors that influenced the agency in proposing or refusing an action
5. Description of other options considered and why they were rejected
6. A description of each evaluation procedure, test, record, or report the agency uses as a basis for the proposed or refused action
7. A statement that you have protection under the procedural safeguards in the law and, if this notice is not an initial referral for evaluation you will be referred to this document for a description of your procedural safeguards
8. There are sources in this document for you to contact for assistance in understanding the provisions

When a code of conduct that is described in a school district’s policies and/or in a student handbook is broken by a student, there are specific steps that need to be taken in examining the situation. The first step is to look at the child’s IEP.

If the school district did not conduct a functional behavior assessment or implement a behavioral intervention plan for your child before the behavior that resulted in a disciplinary action that is considered to be a change in placement (as described below), the school district shall convene an IEP meeting to develop an assessment plan.

As soon as practical after developing an assessment plan and completing the assessments required by the plan, the school district will convene the IEP team. The IEP team must develop behavioral interventions to address the behavior, and implement those interventions with the child.

If the school district already has conducted a functional behavior assessment and implemented a behavioral intervention plan for the child, the IEP team will meet to:

1. Review the plan – what did the IEP team plan to do?
2. Review implementation of the plan – was the plan followed through?
3. Modify the plan – did the plan work?
4. Modify implementation – would another strategy work better?
5. Address the behavior – what are you going to do for this specific behavior?

There may be instances when your child’s behavior requires the school district to use special methods of discipline that requires removal of your child to an interim alternative educational setting.

1. Removal is for more that 10 consecutive school days in the same school year, or
2. There is a series of removals that constitutes a pattern because they accumulate to more than 10 schools day in a school year and because of the factors listed below:

• Length of each removal
• Total amount of time the child is removed
• Proximity of removals one to another

1. Evaluation results, and any independent educational evaluations
2. Information provided by you
3. Observations of your child
4. Your child’s IEP and placement

1. Your child’s IEP and placement were appropriate
2. The special education services, supplementary aids and services, and behavior intervention strategies were provided as described on your child’s IEP
3. Your child’s disability did not impair the ability to understand the impact and consequences of the behavior
4. Your child’s disability did not impair the ability to control the behavior

When the IEP team concludes that the behavior was not a manifestation of your child’s disability, the school district may take disciplinary action in the same manner it would for children without disabilities. If the parents disagree with the determination, the state education agency or the school district arranges an expedited hearing, which will be discussed later in this section.

1. The child carries a weapon to school or to a school function
2. The child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function
3. The interim alternative placement meets the following requirements

1. allows your child to continue to participate in the general curriculum, although in another setting
2. allows your child to continue to receive special education and related services and modifications, including those described in your child’s IEP, to enable your child to meet their IEP goals
3. includes services and modifications designed to address your child’s behavior that are designed to prevent the behavior from recurring

1. Consider the appropriateness of your child’s current placements
2. Consider whether the school district has made reasonable efforts to minimize the risk of harm to children in your child’s current placement, including the use of supplementary aids and services
3. Determine whether the interim alternative educational setting that is proposed by school personnel who have consulted your child’s special education teacher meets the requirements described above

1. You have expressed concern in writing (or orally if the parent does not know how to write or has disability that prevents writing) to appropriate personnel of the school district that the child is in need
2. Behavior or performance of your child demonstrates the need of these services
3. You have requested an evaluation of your child to determine their eligibility for special education
4. The child’s teacher or other personnel expressed concern about the behavior or performance of child to the AEA director of special education or other personnel in accordance with AEA established child find or special education referral system

1. Conducted an evaluation and determined that the child was not eligible for special education, or
2. Determined the evaluation was not necessary, and provided notice to the parents of the determination.

An organization or individual may file a signed written complaint with the Iowa Department of Education (DE). The complaint must include a statement:

1. That the public agency has violated a requirement of Part B of IDEA, i.e., the Iowa Administrative Rules of Special Education
2. Facts on which the statement is based

The complaint must allege a violation occurred not more than one year prior to the date that the complaint is received by the DE. A period longer than one year is reasonable when:

1. The violation is continuing
2. There is a request for compensatory services for a violation that occurred not more than three years prior to the date the complaint is received.

The Iowa DE may carry out an independent on-site investigation if it determines that such an investigation is necessary. Within 60 calendar days, the DE must:

1. Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint
2. Review all relevant information and make an independent determination as to whether the public agency is violating a requirement of Part B of IDEA
3. Issue a written decision to the complainant that addresses each allegation in the complaint and includes:

• findings of fact and conclusions
• the reasons for the DE’s final decision

A preappeal conference is a proven beneficial way to resolve differences between parents and the district or AEA. It is a process that promotes communication, mutual respect, and identification of common ground. The desired outcome of the preappeal conference is a written agreement that is appropriate for the child’s individual needs, and is acceptable to all parties.

A parent, a district, or an AEA may request a special education preappeal conference on any decision relating to the identification, evaluation, educational placement, or the provision of FAPE. Participation in the preappeal process is voluntary. A letter requesting a preappeal conference must be mailed to the Iowa DE. The letter must identify the student, district, and AEA, and describe the issues or concerns. The conference will be scheduled and held at a time and place reasonably convenient to all parties involved. A trained, neutral mediator for the preappeal will be paid for by the DE. If the results are not satisfactory, a party may still request a mediation, request a due process hearing, or request the DE investigate a complaint.

The public agency (school district or AEA) must ensure that procedures are established and implemented to allow parties to disputes enter into mediation before taking the steps to a due process hearing.

1. Voluntary
2. Conducted by a qualified, impartial and trained mediator

1. Mediations need to be scheduled in a timely manner
2. An agreement from the mediation must be in writing
3. The place where the mediation is held must be convenient for both parties
4. Any discussion during mediation is confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; the mediator and the parties involved must sign a confidentiality pledge before the beginning of mediation.

1. Not be an employee of the school district, AEA or Iowa DE that is providing direct services to the child
2. Not have a personal or professional conflict of interest
3. The person who is otherwise qualified is not an employee of the DE because he or she is being paid to be the mediator

1. Mediation
2. Free or low cost legal services
3. Other relevant services that are available in the area

1. Child’s name
2. Child’s address
3. The school attendance center
4. Description of the nature of the problem relating to the proposed or the refused initiation or change in services to your child
5. Any facts relating to the problem
6. Proposed resolution of the problem to the extent known and available to the parent at the time

1. Who is an employee of the school district, AEA or DE that is involved in providing direct services to the child
2. Who has a personal or professional interest that would conflict with his or her objectivity

1. You have the option of obtaining either a written or an electronic, verbatim record of the hearing
2. You have the option of obtaining either a written or electronic findings of fact and the decisions of the administrative law judge.

1. A final decision is reached in the hearing.
2. A copy of the decision is mailed to each party.
3. The administrative law judge may grant specific extension of time beyond the 45 calendar days for a good cause.

1. Receive the records of the administrative proceedings.
2. Hear additional evidence at the request of a party.
3. Make its decision on the preponderance of the evidence.
4. Grant the relief the court determines to be appropriate.

1. If an offer to settle the dispute is made more than 10 calendar days before the proceeding begins, in accordance with Rule 68 of the Federal Rules of Civil Procedure
2. If the offer is not accepted within 10 calendar days
3. If the court or administrative law judge finds that the relief finally obtained by the parents is not more favorable to the parents than the offer of settlement
4. No fees can be collected relating to any meeting of the IEP team unless the meeting was convened as a result of an administrative proceeding or judicial action

1. The parents unreasonably protracted the final resolution of the controversy.
2. The amount unreasonably exceeds the hourly rate prevailing in the community.
3. The time spent and legal services furnished were excessive considering the nature of the action.
4. The attorney did not provide the DE the appropriate information in the due process complaint.

It is not required that the school district pay for the cost of education in a private school, including special education and related services for a child with a disability, if:

1. The school made FAPE available to the child, and
2. Parents elect to place the child in a private school or facility.

If there is a disagreement between parents and school regarding the availability of an appropriate program for the child, the question of financial responsibility is subject to the due process procedures.

1. The court or administrative law judge finds that the agency had not made FAPE available to your child in a timely manner prior to the enrollment in the private school, and
2. The private placement is appropriate

There are exceptions to the reduction or denial of reimbursement to the parents and those are:

1. If you are illiterate and unable to write in English
2. If compliance would likely result in physical or serious emotional harm to the child
3. If the school prevented you from providing the notice
4. You had not received notice of the notice requirements

1. The right to a response from the participating agency to a reasonable request for explanations and interpretations of the records
2. The right to request the agency provide copies of the records containing the information if failure to provide the copies would effectively prevent you from exercising the right to inspect and review the records and
3. The right to have a representative of yours inspect and review the records

1. Names
2. Date access was given
3. Purpose for which the party is authorized to use the records

1. If decision is that the information is misleading, inaccurate or otherwise in violation of the privacy or other rights of your child, it shall amend the information accordingly and inform you in writing.
2. If the decision is that the information is not inaccurate, misleading or otherwise in violation of the privacy or other rights of your child, the agency will inform you of the decision. The agency will also inform you of your right to place in the records it maintains on your child, a statement commenting on the information and setting forth your reasons for disagreeing with the decision of the agency.
3. Any explanation you placed in the records of your child must be maintained by the agency as part of the record as long as the record or contested portion is maintained by the agency. If the record or the contested portion of the record is disclosed by the agency to any other party, your explanation must also be disclosed.

1. One official at each agency shall assume responsibility of ensuring the confidentiality of personally identifiable information.
2. All people collecting or using personally identifiable information must receive confidentiality and privacy training or instruction on confidentiality and privacy.
3. Each participating agency shall maintain for public inspection a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information.

Iowa provides policies and procedures of the extent to which children are afforded rights of privacy, taking into consideration the age of the child and type of severity of the disability. Educational record rights transfer to your child at 18. However, educational records shall be made available to the parents if the eligible individual is determined to be a dependent student as defined in section 152 of Title 26, the Internal Revenue Code of 1954.

1. Any notice required under the law will be provided by the school to both you and your child.
2. All other rights given to you will transfer to you child (this includes youth who are incarcerated in a juvenile or an adult Federal, Iowa or local correctional institution).
3. Beginning at least one year before your child reaches the age of majority under Iowa law, the child’s IEP shall include a statement that he or she has been informed of the rights that will transfer to the child at the age of majority. Special education rights transfer to the student when he or she reaches the age of majority.

I,______________________________________________, am requesting a preappeal conference.

(your name)

I hereby swear that the foregoing is the full truth as I know it.

Address and phone number of person filing request, if not parent: __________________________________

Position/role of person filing request, if not parent: _________________________________________________

(for example: superintendent, principal, attorney)

Send the completed form to: Director, Iowa Department of Education

I,_______________________________, am requesting a hearing before a State Administrative Law Judge.

(your name)

I hereby swear that the foregoing is the full truth as I know it.

I/we agree to participate in a mediation process: _____YES _____NO

(This will not delay or deny the opportunity for a hearing.)

Address and phone number of person filing request, if not parent: __________________________________

Position/role of person filing request, if not parent: ______________________________________________

(for example: superintendent, principal, attorney)

Send the completed form to: Director, Iowa Department of Education

A complaint process can be used when you believe a district or area education agency violated a requirement of Part B of the Individuals with Disabilities Education Act (IDEA). (The complaint process is not the avenue to use when you are having differences of opinion with educators, such as the type of reading program to use or the amount of support services you believe should be provided for a child. For information resolving differences of opinion, see the "Preappeal Conference" and "Impartial Due Process Hearings" sections of this brochure.)

Identify the agency or agencies that you believe have violated a requirement of Part B of the Individuals with Disabilities Education Act:

If child-specific, name of child:

The facts on which the statement if based: (Use additional sheets of paper if more space is needed.)

This alleged violation occurred not more than one year prior to the date that the complaint is received by the Department of Education: ___ YES ___ NO

If the alleged violation occurred more than a year prior to the date that the complaint is received by the Department of Education:

_____ I believe a longer period is reasonable because I believe the violation is continuing,

_____ I am seeking compensatory services for a violation that occurred not more than three years prior to the date the complaint is received.

Organization or person filing the complaint

Address

Contact person, if organization

Telephone number or other method of contact

Send the completed form to: Director, Iowa Department of Education