IDEA - Quick Index

(We have only covered the sub-sections which agencies are required by law to inform you of. Be aware that the IDEA Act is far more extensive than that which is covered here. The full entire legal text of the IDEA Act can be found by clicking here.)

PRIVATE SCHOOLS

Parental Placement of a Child
300.403 Placing a child in private school because of issues with FAPE.

PROCEDURAL SAFEGUARDS

Due Process Procedures
300.501 Parents can view records and participate in meetings
300.502 The right to a Independent Education Evaluation & due process
300.503 Agencies must notify the parents
300.504 Parents must be given a copy of the Procedural Safeguards
300.505 Agencies must have proof of parental consent
300.506 The state must offer mediation to resolve disputes
300.507 Disputing parties have a right to a due process hearing
300.508 Right to an impartial hearing officer
300.509

Hearing rights - representation/disclosure/attendees/evidence etc.
300.510 Hearing decisions and the rights of appeal
300.511 The state has 45 days from the day of formal request to complete the hearing and 30 days to complete any appeal reviews
300.512 Rights to civil action
300.513 Regulations on the monetary awards for legal fees
300.514 The child must be allowed to remain in school during legal proceedings
300.515 Kids without parents will be appointed temporary surrogate parents
300.517 Transfer of parental rights at the age of majority.
Discipline Procedures
300.519 A child cannot be removed from school for disciplinary reasons for more than 10 consecutive days.
300.520 If a child will miss more than 10 days of school in a year for disciplinary reasons, the school must provide an alternate location for education services for the additional days of suspension (not to exceed 45 days)
300.521 A hearing officer has the right to order an alternate location for education
300.522 The IEP team must determine the location of alternate education
300.523 The agency must determine the cause of the behavior problem.
300.524 If the behavioral problem is NOT a part of the child's disability.
300.525 The parent's right to appeal behavioral decisions of the agency.
300.526 The child stays put pending the outcome of any appeals
300.527 Agency's knowledge of a disability for children involved in disciplinary hearings.
300.528 Timeline for expedited due process hearings
300.529 Involvement of law enforcement.
(Subsections 530-543 deal with evaluation procedures. Subsections 550-556 deal with LRE (Least Restrictive Environment). These subsections are not included in the procedural safeguards publication requirements but may be of interest to anyone researching this text.)
Confidentiality of Information
300.560 Definitions used in this section.
300.561 Parents must be given notice of intent to collect personal information.
300.562 Parents may inspect and review child's records at any time.
300.563 Agencies must keep track of all persons accessing records.
300.564 Parents may only have access to record information specifically about their child.
300.565 Agencies must make available the types and locations of child's records.
300.566 Agencies may charge fees for copies of records. (fees may not prevent access). Agencies may not charge for finding/retrieval of records.
300.567 Parents may request amendments to their child's records.
300.568 Parents may request a hearing for amendment to child's records
300.569 If no amendments are made, parents have the right to include written commentary of the disputed information as part of the child's record.
300.570 Hearings must follow the procedures.
300.571 Agencies must have parental consent for the release of information.
300.572 All agencies and employees thereof shall maintain confidentiality
300.573 Disposal of unused identification information.
300.574 Child's right to access of information at the age of majority.
300.575 State must provide procedures for enforcement of disciplinary action.
300.576 Disciplinary actions become part of the child's permanent record.
300.577 Department use of personal ID information.

STATE ADMINISTRATION

State Complaint Procedures
300.660 The state must have procedures in place for dealing with complaints.
300.661 The state must complete its review/investigation of filed complaints within 60 days.
300.662 A written complaint may be filed with the state within one year of alleged violation.