| Description of the action that the school district proposes or refuses to take: | |
| Explanation of why the school district is proposing or refusing to take that action: | |
| Description of each evaluation procedure, assessment, record, or report the school district used in deciding to propose or refuse the action: | |
| Description of any other choices that the Individualized Education Program (IEP) Team considered and the reasons why those choices were rejected: | |
| Description of other reasons why the school district proposed or refused the action: | |
| Resources for the parents to contact for help in understanding Part B of the IDEA: | |
| If this notice is not an initial referral for evaluation, how the parent can obtain a copy of a description of the procedural safeguards |
Joan E. Swanson
Bartlett
Paralegal Advocate
Connie B. Fanselow
Paralegal Advocate
The parental notice requirement gives parents the right to written noticeCnot merely notice of their rights, but written notice of specific information pertaining to their child. The school district or the educational service agency must provide this notice to the parent "a reasonable time before" the public agency proposes to initiate or changeCor refuses to initiate or changeCthe identification, evaluation, or educational placement of the child. Parents are also entitled to specific written notice "a reasonable time before" the public agency proposes to initiate or changeCor refuses to initiate or changeCthe provision of a free appropriate public education [FAPE) to the child.
In short, parents are entitled to
written
notice under the IDEA almost anytime they are in disagreement with the
school district or other educational agency regarding the education of,
or accommodations for, their child.
The written notice must inform parents
of their rights. Just as important, however, the written notice must
give
parents the following information:
Reactively, we have met the challenge
presented
by the serious escalation in the number of requests for services in the
educational arena. Thus, our consistent use of the Parental Notice
permits
Iowa P & A to resolve more cases with less effort. In the first
three
months this tool was used, the rate of cases requiring pre-appeal (a
formal
mediation conference) for resolution, dropped from 1 or 2 per week to 1
or 2 per month. Because this Formal Request for Written Notice forces
school
districts and area education agencies to defend their actions and
refusals
to act in writing, some have invented reasons for not
complying.
Accordingly, we have developed more aggressive enforcement letters.
At least 80% of the time, the school
district
or area education agency responds to our Formal Request (or subsequent
enforcement letter) by resolving their dispute with the parents. In the
remaining cases, the Iowa P & A staffing team has the advantage of
the written response to assess our course of action. It is likely that,
given this advantage, we will be able to devote more of our resources
to
selected Due Process actions.
We have also encouraged numerous other advocates in to independently use our model Formal Request. Because this activity empowers parents in a resource-effective manner, our staff can assist by enforcing the Formal Requests written by other advocates when instances of non-response or inadequate response are brought to our attention.
The written notice requirements imposed by 20 U.S.C. sec. 1415(b)(3) & 1415(c) apply whenever the public educational agency's action or inaction constitutes:
August 1, 1999
Ima Straitlace, Superintendent
Everytown Community School District
101 Main Street S.W.
Everytown, IA 44302
Dear Ms. Straitlace:
Our agency has recently received a
statement
of concerns from Douglas and Diane Distraught, the parents of Dylan
Distraught,
an 8-year-old, third grade student at the Elm Street Elementary School
in the Everytown Community School District.
As a primary step in our investigative
procedure, enclosed please find a Formal Request for Written Notice
Pursuant
to the Individuals with Disabilities Education Act. When it is
prepared,
your Written Notice should be forwarded directly to the parents. Any
further
involvement by our agency will depend, at least in part, upon your
response
to this Formal Request.
Our agency is dedicated to resolving all
disputes at the lowest level of conflict possible. Accordingly, may we
suggest that you take this opportunity to contact the parents and to
resolve
the issues, if at all possible?
topSincerely,
Zealous Worker
Zealous Worker
Paralegal Advocate
Iowa Protection & Advocacy Services, Inc.
Yura Goodegg, Director
Special Education Division
State Center Area Education Agency
111 Office Park Drive
Scenic City, IA 44344
Dear Mr. Goodegg:
Our agency has recently received a
statement
of concerns from Douglas and Diane Distraught, the parents of Dylan
Distraught,
an 8-year-old, third grade student in the Everytown Community School
District.
As a primary step in our investigative
procedure, enclosed please find a Formal Request for Written Notice
Pursuant
to the Individuals with Disabilities Education Act. When it is
prepared,
your Written Notice should be forwarded directly to the parents. Any
further
involvement by our agency will depend, at least in part, upon your
response
to this Formal Request.
Our agency is dedicated to resolving
all
disputes at the lowest level of conflict possible. Accordingly, may we
suggest that you take this opportunity to contact the parents and to
resolve
the issues, if at all possible?
topSincerely,
Zealous Worker
Zealous Worker
Paralegal Advocate
Iowa Protection & Advocacy Services, Inc.
August 1, 1999
Douglas and Diane Distraught
8080 Shady Lane
Everytown, IA 44303
Dear Mr. and Mrs. Distraught:
We have taken the action we discussed
in
response to the concerns you brought to our attention. Enclosed please
find a copy of a "Formal Request for Written Notice Pursuant to the
Individuals
with Disabilities Education Act.?
As you can see, we have mailed this Request to both the School District
and the Area Education Agency. Hopefully, this Request will inspire the
School District or the AEA to contact you in an attempt to resolve your
differences. If so, we urge you to work with them and share your
progress
with us.
Please let us know when you receive the
Written Notice specified in the Request. We will use that Notice to
assess
what additional steps, if any, our agency should take to help you to
insure
an appropriate education for your child. In the meantime, please sign
and
return the enclosed Releases of Information to our agency; these
Releases
will enable us to move more quickly should the need arise. (A
self-addressed
stamped envelope is enclosed for this purpose).
The quality of education that children
with disabilities receive is very much dependent on the dedication of
parents
like you. We appreciate this opportunity to work with you.
topSincerely,
Zealous WorkerZealous Worker
Paralegal Advocate
Iowa Protection & Advocacy Services, Inc.
Ima Straitlace, Superintendent
Everytown Community School District
101 Main Street S.W.
Everytown, IA 44302
Yura Goodegg, Director
Special Education Division
State Center Area Education Agency
111 Office Park Drive
Scenic City, IA 44344
(Reference 20 U.S.C. sec. 1415(b)(3) & 1415(c))
For your convenience, I have enclosed a
copy of the statutory provisions cited in this letter. If you have any
questions regarding their meaning, you may consult your local counsel
or
you may call the undersigned.
cc: Mr. and Mrs. Douglas DistraughtRespectfully,
Zealous WorkerZealous Worker
Paralegal Advocate
Iowa Protection & Advocacy Services, Inc.
(b) Types of procedures The procedures required by this section shall include -
(B) refuses to initiate or change; the identification, evaluation, or educational placement of the child, in accordance with subsection (c), or the provision of a free appropriate public education to the child; The notice required by subsection (b)(3) shall include--
(2) an explanation of why the agency proposes or refuses to take the action; (3) a description of any other options that the agency considered and the reason why those options were rejected; (4) a description of each evaluation procedure, test, record, or report the agency used as a basis for the proposed or refused action; (5) a description of any other factors that are relevant to the agency's proposal or refusal;... |
Ima Straitlace, Superintendent
Everytown Community School District
101 Main Street S.W.
Everytown, IA 44302
Yura Goodegg, Director
Special Education Division
State Center Area Education Agency
111 Office Park Drive
Scenic City, IA 44344
We have received a copy of Superintendent Straitlace's letter to Douglas and Diane Distraught, dated August 15, 1999. We would like to thank you for your prompt reply to our original Formal Request for Written Notice, dated August 1, 1999. Unfortunately, your notice is not legally satisfactory.
Specifically, the issue is why your agencies have refused to discontinue punishing Mr. and Mrs. Distraught?s son, Dylan, by locking him in a closet. So far as we can tell, your response is that the IEP team "agree[s] that Dylan's current individual education program is appropriate and is meeting his educational and behavioral needs." Obviously, when you refer to the "team," you have excluded the parents, who are statutory members of that team. As you know, they do not agree that the practice of locking Dylan in a closet is appropriate to Dylan's needs.
Your notice tells us what we already knew--that the team (other than the parents) has rejected the parental request. The notice does not tell us "why" the team has done so. We do not find a list of "the reasons why" other forms of behavior management were rejected. We do not find a description of each evaluation procedure, test, record, or report the team used to justify its denial of the parental request. We do not find a description of the other factors relevant to the refusal. In short, there has been no compliance with the specific requirements of 20 U.S.C. sec. 1415(b)(3) & 1415(c).
Please be further advised that if we
file
a Due Process action to secure an appropriate program for Dylan, we
will
assert to the presiding Administrative Law Judge that the evidence you
can introduce is and must be confined to the evidence you have included
in your written notice to the parents.
We look forward to hearing from you in
the very near future.
cc: Mr. & Mrs. Douglas DistraughtRespectfully,
Zealous WorkerZealous Worker
Paralegal Advocate
Iowa Protection & Advocacy Services, Inc.
Ima Straitlace, Superintendent
Everytown Community School District
101 Main Street S.W.
Everytown, Iowa 44302
Yura Goodegg, Director
Special Education Division
State Center Area Education Agency
111 Office Park Drive
Scenic City, IA 44344
On August 1, 1999 our office mailed to you a Formal Request for Written Notice pertaining to Dylan Distraught, son of Douglas and Diane Distraught. More than a month has now passed, and the parents have not received the requested notice. Your failure to respond within a reasonable time is an actionable violation of the federally guaranteed rights of the parents and the child.
Please be advised that, unless written
notice meeting the requirements of 20 U.S.C ??
1415(b) & 1415(c) is received by the parents within seven (7)
calendar
days from the date of this letter, a Due Process action to enforce the
mandatory provisions of the cited section will be filed with the Iowa
Department
of Education.
Please be further advised that, if it
is necessary for us to file a Due Process action in order to enforce
these
federal rights, we can and will pursue a claim for attorney fees.
cc: Mr. and Mrs. Douglas DistraughtSincerely,Zealous Worker
Zealous Worker
Paralegal Advocate
Iowa Protection & Advocacy Services, Inc.
| (b) Content of notice. The notice required under
paragraph (a)
of this section must include--
(1) A description of the action proposed or refused by the agency; (2) An explanation of why the agency proposes or refuses to take the action; (3) A description of any other options that the agency considered and the reasons why those options were rejected; (4) A description of each evaluation procedure, test, record, or report the agency used as a basis for the proposed or refused action; (5) A description of any other factors that are relevant to the agency's proposal or refusal; (6) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; and (7) Sources for parents to contact to obtain assistance in understanding the provisions of this part. |
(b) Contents. The procedural safeguards notice
must
include a full explanation of all of the procedural safeguards
available
under Secs. 300.403, 300.500-300.529, and 300.560-300.577, and the
State
complaint procedures available under Secs. 300.660-300.662 relating
to--
(1) Independent educational evaluation;
(2) Prior written notice;
(3) Parental consent;
(4) Access to educational records;
(5) Opportunity to present complaints to initiate
due process hearings;
(6) The child's placement during pendency of due
process proceedings;
(7) Procedures for students who are subject to
placement
in an interim alternative educational setting;
(8) Requirements for unilateral placement by parents
of children in private schools at public expense;
(9) Mediation;
(10) Due process hearings, including requirements
for disclosure of evaluation results and recommendations;
(11) State-level appeals (if applicable in that
State);
(12) Civil actions;
(13) Attorneys' fees; and
(14) The State complaint procedures under Secs.
300.660-300.662, including a description of how to file a complaint and
the timelines under those procedures.
(c) Notice in understandable language. The notice
required under paragraph(a) of this section must meet the requirements
of Sec. 300.503(c).
(a) Notice. (1) Written notice that meets the
requirements
of
paragraph (b) of this section must be given to the parents of a child
with a disability a reasonable time before the public agency--
...
(b)(6) A statement that the parents of a child with a disability have
protection under the procedural safeguards of this part and, if this
notice is not an initial referral for evaluation, the means by which
a
copy of a description of the procedural safeguards can be obtained;
and
(7) Sources for parents to contact to obtain
assistance
in
understanding the provisions of this part.
(c) Notice in understandable language. (1) The
notice
required under
paragraph (a) of this section must be--
(i) Written in language understandable to the
general
public; and
(ii) Provided in the native language of the parent
or other mode of
communication used by the parent, unless it is clearly not feasible
to
do so.
(2) If the native language or other mode of
communication
of the
parent is not a written language, the public agency shall take steps
to
ensure--
(i) That the notice is translated orally or by other
means to the
parent in his or her native language or other mode of communication;
(ii) That the parent understands the content of
the notice; and
(iii) That there is written evidence that the
requirements
in
paragraphs (c)(2) (i) and (ii) of this section have been met.