DUE PROCESS

Due Process

Current federal law requires that parents be given notice before the school identifies, evaluates, places, or designs a program for any child requiring special education services.

An evaluation cannot begin without the parents' or legal guardians’ written consent.  Parents can refuse to have their child evaluated.  If the school believes an evaluation is in the best interest of the child and the parent refuses the assessment, an impartial hearing officer may request an informal or formal conference.  The parents may appeal this decision.

If the parent consents to an evaluation, the findings must be explained to the parents.  If they disagree with the findings, they may request an Independent Educational Evaluation (IEE).

Before placement in a special education program, an IEP‑Placement meeting must be held for writing the Individualized Educational Program for the child.  The parent is a participant in these conferences.  If the placement is to be changed, the parent must approve the changes before their implementation.

The above are “excerpts” from Due Process Information given to all parents who give permission for their child to be evaluated.  We encourage you to read the information whenever you have reason to request an evaluation for your child.

If you desire a copy of the above information, contact Debra McClarity at the Office of Special Education at (337) 828‑1767 or e-mail dmclarity@stmaryk12.net.