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Parent Rights Process Handbook
Chapter 1 |
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Parent
Participation |
Although exceptions are made when parents do
not respond or cannot be found, the intent of the law is to strengthen the
role of parents in the special education process and every possible attempt
should be made for their participation. |
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Definition of
Parent |
Kansas defines parent as: (1) Natural (biological) parent (2) Adoptive parent (Decree of Adoption) (3) Person acting as parent (see chart below) (4) Legal guardian (Letters of Guardianship from court) (5) Educational Advocate (Letter of Appointment) See chart below for clarification of each (page 1-4) |
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Parent Rights
Document |
Given in parentŐs native language (1) At least one time in a school year; and a. Upon
referral for initial evaluation b. First formal complaint or due process filed in a year c. Change in placement due to disciplinary removal d. Parent
request |
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Prior Written
Notice (blue form) |
Given (both parents if divorced) in native
language a reasonable amount of time before the school proposes to initiate
or change:
See chart below for
clarification |
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Consent
Requested, But not
Provided |
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Notice of Meeting |
Relating to IEP, eligibility, evaluation, reevaluation, or placement See IEP section |
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Requirements of Parental Notice and Consent (34 C.F.R. 300.503) |
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Proposed Action
by School |
Prior Written Notice (PWN)(300.503) or Notification |
Requires Parental Consent |
Due Process If Parent
Refuses to Give Consent |
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Initiate evaluation |
PWN |
Yes |
May/not required |
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Refuse to initiate evaluation
or reevaluation |
PWN |
No |
N/A |
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Identification and
Eligibility Determination |
PWN |
No |
N/A |
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Initial provision of IEP
services (placement) |
PWN |
Yes |
No |
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Reevaluation of student |
PWN |
Yes* |
May/not required |
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Substantial change in
services (25% or more of studentŐs day) |
PWN |
Yes* |
May/not required |
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Change in placement that is
less than 25% of the studentŐs day |
PWN |
No |
N/A |
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Material change in services
(25% or more of any one service) Includes accommodations listed on the IEP |
PWN |
Yes* |
May/not required |
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Change in service that is
less than 25% of the service being changed |
PWN |
No |
N/A |
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Add a new service or delete
one completely |
PWN |
Yes* |
May/not required |
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Evaluate, reevaluate, or
initiate services for children parentally placed in private school |
PWN |
Yes |
No |
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Notification of the IEP
meeting |
Notification |
No |
N/A |
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Invite an outside agency to
the IEP for secondary transition |
Notification |
Yes |
N/A |
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Use of private insurance or
medicaid |
Notification |
Yes |
N/A |
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Review existing data N/A
No N/A