• To meet the legal requirements of the law
• To ensure accountability between government and parents
• To establish a balance of power between the government and parents by enabling each to have access to impartial decision making when they disagree
• To focus on the needs and rights of the student rather than the needs or convenience of the agencies.

A full explanation of your rights is provided in the Special Education Rights Statement available from any special education teacher or from Joint School District #2 Special Services. Briefly, the specific procedural safeguards that are afforded to you under the IDEA include:

Consent:

Written consent, as indicated by your signature, means that you have been fully informed, understand, and agree to certain educational activities before they occur. You have the right to provide written consent:

• Before an assessment of your child;
• Before special education services are provided for the first time;
• Before personally identifiable information can be disclosed to authorized persons;
• To use an Individual Family Service Plan (IFSP) instead of an IEP.

In addition, you have the right to refuse or withhold consent and to revoke consent if the action has not already taken place. If, for some reason, you do not give consent, the school district will make every reasonable effort to ensure that you are fully aware of the nature of the evaluation, assessment, and the services available to help your child. Since your child will not be able to receive services if your consent is not given, the school district has the option to initiate a due process hearing or other procedure to override your refusal.

Written Notice:

You have the right to receive written notice a reasonable amount of time before the school district initiates or changes the identification, evaluation, educational placement or provision of a Free, Appropriate Public Education (FAPE) with regard to your child. You also have the right to receive written notice when you ask the district to initiate or change any of these matters. In Idaho, "reasonable time" is generally considered to be ten calendar days. Written notice must be written in language or presented in a manner that you can understand. You have the right to file a written objection if you do not agree with an IEP change or a placement change proposed by the school district. This requirement for notice makes it possible for parents and professionals to speak with each other and have the same basic information, balance the power relationship between parents and professionals, and reduce anxieties that you may feel about the school s authority.

Evaluation/Reevaluation Procedures:

You have the right to refer your child for a special education evaluation. Once this referral has been made by you or by school personnel, you have the right to be a part of the evaluation team. This evaluation will be conducted by the school district at no cost to you. Information gathered during the evaluation will relate to your child s involvement and progress in the general education curriculum. It will be used to determine whether your child is eligible for special education and will provide the basis for the goals and objectives in the IEP. Once found eligible for special education, your child will be re-evaluated every three years to determine continued eligibility.

Independent Educational Evaluation:

If you disagree with the evaluation provided by the school district, you have the right to an independent educational evaluation by a qualified examiner who does not work for the school district. Upon request, we will give you information about where you may have an independent educational evaluation performed. If you disagree with our evaluation of your child and/or a hearing officer requests an outside evaluation, then the independent evaluation will be carried out at public expense. However, if the school district can prove that its evaluation was appropriate, then you may be required to pay for the evaluation expense. This provision of the law allows you to seek assistance from other experts to challenge the schools and their experts and creates a healthy balance of power between parents and professionals when the evaluation is questioned.

Access to Records:

Parents have the right to see and obtain copies of their child s educational records, IEPs, evaluations, reports, psychological evaluations and summaries. (Reg. 300.501) As the local education agency, the Joint School District #2 must notify you in your native language that personal identifiable information is on file, including student and parent name and address, any personal identifier, any list of personal characteristics or other information that would make it possible to identify a student. As the parent, you may request to see your child s records at any time. We ask that you make an appointment with the building principal or your child s teacher to review the recorded information. You may also submit a written request for copies of your child s file. It is assumed that parents have access to records unless it has been advised by the courts of termination of parental rights, guardianship, separation or divorce.

Confidentiality of Records:

The protection of family rights includes confidentiality of student records and assures that any personally identifiable data, information and records collected or maintained remain confidential. One person at each school assumes overall responsibility for ensuring confidentiality. All of your child s records are kept in a locked file cabinet in his/her school and only authorized school district staff have access to the file. Each time your child s file is reviewed, the date and the reason for review are noted in writing. You must sign for the release of any information about your child to third party agencies.

Mediation:

Mediation is a service provided through the State Department of Education designed to resolve conflict between a parent and the school regarding the educational program of a student in special education. It is a non-adversarial, structured, informal and voluntary process which uses an impartial third party to help both parties reach a suitable agreement. It builds positive working relationships, encourages mutual understanding, and helps parents and schools focus on the student. Mediation is confidential and is provided at no-cost service to both parents and the school district.

Mediation can be accessed by an oral or written request to the State Department of Education, Bureau of Special Education.

For further explanation of any of these procedural safeguards, you may also contact:

State Department of Education
Bureau of Special Education
PO Box 83720
Boise, Idaho  83720-0027
(208) 332-6910
(800) 377-3529 (TDD)

Idaho Parents Unlimited (IPUL)
4696 Overland Road, Suite 478
Boise, Idaho  83705
(208) 342-884 (V/TDD)
(800) 242-IPUL

Comprehensive Advocacy (CoAd)
4477 Emerald St., Suite B-100
Boise, Idaho  83706
(208) 336-5353 (V/TDD)
(800) 632-5125 (V/TDD)