special education response

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Please respond to the response to the question that is in bold about a special education due process hearing. Please use 100% originality and response should 75 words or more. The information needed is aa follows. Explain a due process hearing including its participants

You have the right to ask for a due process hearing if you and the school cannot agree about your child’s education. You have the right to receive information about free or low cost legal help.

The request for due process must allege a violation that happened not more than two years before you or the school division knew or should have known about the alleged action that forms the basis of the request for due process.

The above timeline does not apply to you if you could not file a request for due process within the timeline because, the school division specifically misrepresented that it resolved the problem or the school division withheld information from you that they were required to provide to you under the IDEA guidelines.

Your request MUST include:

1. The name of your child 2. The address of your child’s residence. 3. The name of the child’s school. 4. If the child is homeless, or youth, the child’s contact information and the name of the child’s school. 5. A description of the nature of the problem of the child relating to the proposed or refused action, including facts relating to the problem, AND 6. A proposed resolution of the problem to the extent known and available to you or the school division at the time.

In order for a request for due process to go forward, it must be considered sufficient. You will be notified withing5 calendar days whether your request is sufficient or non sufficient.

Any amendments madeneed to be made within 5 days of the request.

Within 10 calendar days, the school division must send a Prior Written Notice,regarding the issues conatined in your request for due process; or a response that includes: * an explanation of whtthe the school division refused to take action, * A description of other options that your child’s IEP Team considered, and why those options were rejected, * A description of each evaluation procedure, assessment, record, or report the school division used as the basis for the refused action; AND * A description of the other factors that are relevant to the school division’s proposed or refused action.

While the hearing is pending, except in specialized circumstances, your child has the right to continue getting the same educational services until the due process is resolved, unless you and the school division make a different agreement.

Within 15 calendar days of receiving notice of your request for due process, and before the due process hearing begins, the school division must hold a meeting with you and the relevant member or members of the IEP team who have specific knowledge of the facts identified in your request for due process:

The Meeting:

* Must include a representative of the school division who has decision making authority on behalf of the school division AND

* May not include an attorney of the school division unless you are accompanied by attorney.

The purpose of the meeting is for you to discuss your request for due process, and the school board may disipute your request.

School division may waive, or mediate; if the school division has not resolved your due process request to your satisfaction within 30 calendar days of your request; the hearing may occur. A 45 calendar day timeline begins, at the expiration of the 30 day resolution period. If this is still not resolved detailed correspondence needs to be documented, and then your hearing may begin.

During the hearing your rights are:

* To be accompanied by a lawyer or a person or persons with special knowledge or training regarding the children with disabilities, Evidence, Introduce evidence five days prior to the hearing, written records of hearing, and obtain final conclusions of the hearing.

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