Section 511IAC7-37-1. Notice of procedural safeguards

   (a) The public agency shall establish, maintain, and implement procedures in accordance with this section to ensure that students with disabilities and their parents are afforded procedural safeguards with respect to the provision of a free appropriate public education by the agency.

  (b) The written notice of procedural safeguards shall be:

(1) a standard notice;

(2) written in language understandable to the general public;

(3) provided in the:

(A) native language; or

(B) other mode of communication;

used by the parent unless it clearly is not feasible to do so; and

(4) printed in a format that is easy to read.

  (c) When the native language or other mode of communication of the parent is not a written language, the public agency shall take steps to ensure the following:

(1) The procedural safeguards are translated orally or by other means to the parent in his or her native language or other mode of communication.

(2) The parent understands the content of the notice.

(3) There is written documentation that the requirements of this subsection are met.

  (d) A copy of the notice of procedural safeguards shall be given to the parent of a student with a disability one (1) time a school year, except that a copy also must be given to the parent upon:

(1) initial referral or parental request for evaluation;

(2) receipt of the first filing of a complaint under 511 IAC 7-45-1 in a school year;

(3) receipt of the first due process hearing request under 511 IAC 7-45-3 in a school year;

(4) the date the public agency decides to make a removal that results in a disciplinary change of placement under 511 IAC 7-44-2, which includes removals to interim alternative education settings for:

(A) weapons;

(B) drugs; and

(C) serious bodily injury;

under 511 IAC 7-44-6; and

(5) request by a parent.

  (e) A public agency may place a copy of the notice of procedural safeguards on its Internet website if a website exists. However, such posting does not satisfy the requirement of providing the notice of procedural safeguards to a parent.

  (f) The written notice of procedural safeguards must include a full explanation of the following:

(1) The parent's right to receive written notice before the public agency proposes to initiate or change, or refuses to initiate or change, the:

(A) identification, evaluation, or educational placement of the student; or

(B) provision of a free appropriate public education to the student;

as required in 511 IAC 7-40-4, 511 IAC 7-40-8, 511 IAC 7-42-4, and 511 IAC 7-42-7.

(2) The prerequisite of written parental consent, as defined in 511 IAC 7-32-17, for the following:

(A) An initial evaluation, as required in 511 IAC 7-40-4(h).

(B) A reevaluation, as required in 511 IAC 7-40-8(i), unless the parent fails to respond to a public agency's reasonable efforts to obtain consent as described in 511 IAC 7-40-8(k).

(C) Initial special education services, as required in 511 IAC 7-42-7(f).

(D) A public agency's access to a student's public benefits or insurance programs or private insurance proceeds, as required in 511 IAC 7-33-4.

(E) The release of a student's educational records, in accordance with 511 IAC 7-38-1(q)(1), to officials of participating agencies providing or paying for transition services under and in accordance with 511 IAC 7-43-3.

(F) The exchange of educational records, in accordance with 511 IAC 7-38-1(q)(2), regarding a parentally-placed nonpublic school student, between officials of the public agency where the nonpublic school is located and the school district of legal settlement, as required in 511 IAC 7-34.

(G) The public agency inviting, under 511 IAC 7-42-3(d), a representative of any participating agency (other than the public agency) likely to be responsible for providing or paying for transition services.

(H) An excusal, under 511 IAC 7-42-3(h), of a CCC member described in 511 IAC 7-42-3(b)(1) through 511 IAC 7-42-3(b)(4), from a CCC meeting, in whole or in part, when the meeting involves a modification to or discussion of the member's area of the curriculum or related services.

(3) The parent's right to the following:

(A) To participate as a member of the CCC and the requirements of 511 IAC 7-42-5 and 511 IAC 7-42-6.

(B) To request a CCC meeting, under 511 IAC 7-42-5(a)(3), if he or she believes that a required component of the IEP should be changed to ensure the provision of a free appropriate public education.

(C) To request one (1) or both of the following in accordance with 511 IAC 7-40-5(h):

(i) A copy of the initial educational evaluation report, at no cost to the parent, prior to the CCC meeting.

(ii) A meeting with an individual who can explain the results of the educational evaluation prior to the CCC meeting.

(D) To request a reevaluation as described in 511 IAC 7-40-8.

(E) To obtain an independent educational evaluation as described in 511 IAC 7-40-7, including the following:

(i) The right to have the results of the independent educational evaluation considered by the CCC or the independent hearing officer in a due process hearing.

(ii) The circumstances under which an independent educational evaluation may be obtained at public expense.

(iii) The criteria that must be met when an independent educational evaluation is conducted at public expense.

(4) The parent's rights with regard to the student's educational record as described in 511 IAC 7-38, including the following:

(A) Accessing the record.

(B) Inspecting and reviewing the record.

(C) Challenging information in the record.

(D) Amending information in the record.

(E) The consent required for disclosure, use, and destruction of records under 511 IAC 7-38-1.

(F) Any fees associated with copying the record.

(5) The transfer of rights to the student at eighteen (18) years of age under 511 IAC 7-43-5, unless a guardian or an educational representative has been appointed for the student.

(6) The availability of mediation and the mediation process under 511 IAC 7-45-2.

(7) The right of the parent, or any interested party, to file a complaint in accordance with 511 IAC 7-45-1.

(8) The parent's right to request a due process hearing, in accordance with 511 IAC 7-45-3, to challenge the public agency's proposed or refused action regarding a student with a disability.

(9) The difference between a complaint and due process hearing request, including the following:

(A) The jurisdiction of each procedure, including what issues may be raised under each procedure.

(B) The allowable time period in which to file a:

(i) complaint; or

(ii) due process hearing request.

(C) The opportunity for the public agency to resolve a:

(i) complaint; or

(ii) a parent's request for a due process hearing.

(D) The filing procedures for:

(i) complaints; and

(ii) requests for due process.

(E) The decisional timelines for:

(i) complaints; and

(ii) due process hearings.

(10) The student's placement during the pendency of any due process hearing in accordance with 511 IAC 7-44-8 and 511 IAC 7-45-7(u).

(11) Due process hearings, including requirements for disclosure of evaluation results and recommendations, as described in 511 IAC 7-45-7.

(12) Civil action, including the time period in which to file a civil action, as described in 511 IAC 7-45-9.

(13) Attorney's fees, as described in 511 IAC 7-45-11.

(14) The requirements under 511 IAC 7-34-10 for a parent's unilateral placement of a student with a disability in a nonpublic school at public expense.

(15) The protections and procedures for students who are subject to the following:

(A) Disciplinary changes of placement under 511 IAC 7-44-2, which includes manifestation determinations under 511 IAC 7-44-5.

(B) Placement in an interim alternative educational setting as described in 511 IAC 7-44-6 and 511 IAC 7-44-7.

(16) The protections for students who have not been determined eligible for special education and related services under 511 IAC 7-44-9.

(17) Reporting of crimes allegedly committed by students to appropriate authorities as described in 511 IAC 7-38-1(o) and 511 IAC 7-44-10.

(18) The names and addresses of agencies and organizations, including the public agency, that provide assistance to parents in understanding this article.

(Indiana State Board of Education; 511 IAC 7-37-1; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; filed May 25, 2010, 8:19 a.m.: 20100623-IR-511090795FRA)