Kendall County Special Education Cooperative Logo Kendall County Special Education Cooperative

Lynda Shanks

Director

Amy Lee

Assistant Director
(630) 553-5833  |  Fax: (630) 553-5872

510 Procedural Safeguards

Index

  1. Procedural Safeguards Notice
  2. Prior Notice by School District
  3. Notice of Issuance of Diploma
  4. Language of Notifications
  5. Opportunity to Examine Records; Parent(s) Participation in Meetings
  6. Consent
  7. Revocation of Consent for Evaluation and ReevaluationsRevocation of Consent for Special Education and Related ServicesFiling a Due Process Complaint
  8. Expedited Due Process Hearings
  9. Mediation
  10. Complaints
  11. Surrogate Parents
  12. Independent Educational Evaluations
  13. Transfer of Parental Rights
  14. LEGAL REF


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A. Procedural Safeguards Notice

  1. Written notification of the procedural safeguards available to the Parent(s) of a child with a disability shall be given to the Parent(s) one time per school year, and:
    1. Upon referral for an initial evaluation or reevaluation or Parent request for
      evaluation or reevaluation;
    2. In accordance with certain disciplinary removals (see Section 10.5);
    3. Upon request by a Parent; and
    4. Upon receipt of the first State complaint and upon first request for a due
      process hearing in a school year.
  2. The procedural safeguards notice shall include a full explanation of all of the
    procedural safeguards relating to:

     

    1. Independent education evaluation;
    2. Prior written notice to parents as required by State and federal law;
    3. Parental consent;
    4. Access to educational records;
    5. Opportunity to present and resolve complaints through the due process
      and State complaint procedures;
    6. The availability of mediation;
    7. The child’s placement during the pendency of any due process complaint;
    8. Procedures for children who are subject to placement in an interim
      alternative educational setting;
    9. Requirements for unilateral placement by Parents of children in private
      schools at public expense;
    10. Due process hearings, including requirements for disclosure of evaluation
      results and recommendations;
    11. Civil actions; and
    12. Attorneys’ fees.


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B. Prior Notice by School District

  1. The School District shall provide 10 days written notice to the Parent(s) as
    required by State and federal law before proposing or refusing to initiate or
    change the identification, evaluation, or educational placement of, or the
    provision of free, appropriate public education to, a child. If the notice is
    related to an action proposed by the School District that also requires informed
    written parental consent, the School District may give notice at the same time
    as it requests informed written consent.
  2. The notice required by this Section shall include:
    1. A description of the action proposed or refused by the School District;
    2. An explanation of why the School District proposes or refuses to take the
      action;
    3. A description of any other options that the IEP Team considered and the
      reason why those options were rejected;
    4. A description of each evaluation procedure, assessment, record, or report
      the School District used as a basis for the proposed or refused action;
    5. A description of any other factors that are relevant to the School District’s
      proposal or refusal;
    6. A statement that the Parent(s) of a child with a disability have protection
      under the procedural safeguards of the Individuals With Disabilities
      Education Act, Article 14 of The School Code of Illinois and their respective
      implementing regulations, and an indication of the means by which a
      description of those procedural safeguards may be obtained; and
    7. Sources for Parents to contact to obtain assistance and understanding of
      the provisions of the IDEA, Article 14, and their respective implementing
      regulations.


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C. Notice of Issuance of Diploma

If a student is to receive a regular high school diploma, at least one year prior to the
anticipated date of its issuance, both the Parents(s) and the student shall receive
written notification that eligibility for public school special education services ends
following the granting of a diploma and that the Parent (or student if he or she is 18
or over) may request an IEP meeting to review the recommendation that the student
receive a regular diploma.


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D. Language of Notifications

  1. The notices required under the “Procedural Safeguards Notice” and “Notice by
    School District” Sections above shall be written in language understandable to
    the general public and provided in the native language of the Parent(s) or
    other mode of communication used by the Parent(s), unless it is clearly not
    feasible to do so.
  2. If the native language or other mode of communication of the Parent(s) is not
    a written language, the School District shall take steps to insure and document
    that the notice is translated orally or by other means to the Parent(s) in hislher
    native language or other mode of communication and that the Parent(s)
    understands the content of the notice.


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E. Opportunity to Examine Records; Parent(s) Participation in Meetings

  1. The Parent(s) of a child with a disability shall be afforded an opportunity to
    inspect and review all education records with respect to their child. The School
    District shall insure that Parents of children with disabilities have the
    opportunity to participate in meetings with respect to the identification,
    evaluation, and educational placement of, and the provision of free,
    appropriate public education to, the child. A meeting does not include
    informal or unscheduled conversations involving School District employees or
    officials or other routine communications or consultation between School
    District employees or officials, including preparatory activities that school
    personnel engage in to develop a proposal or a response to a Parent’s proposal
    that will be discussed at an IEP meeting.
  2. Whenever a meeting is to be held which a Parent has a right to attend, the
    following requirements shall apply:

     

    1. The School District shall notify in writing the Parent(s) at least ten days
      prior to the proposed date of the meeting of the purpose of the meeting,
      the proposed date, time, and place for the meeting, who will be in
      attendance; and the Parent(s)’ right to invite other individuals whom the
      Parent(s) believe have knowledge or special expertise regarding the child;
      for the initial IEP meeting of a child who was previously served under Part
      C of the IDEA, upon request of the parent, the Part C service coordinator or
      other representative of the Part C system; and, beginning not later than
      the first IEP to be in effect when the child turns 14X, or younger if deemed
      appropriate by the IEP Team, that post-secondary goals and services will
      be considered, that the student will be invited, and the identity of any
      other agency that will be invited to send a representative;
    2. If the Parent(s) indicates that the proposed date or time is inconvenient,
      the School District shall make reasonable efforts to accommodate the
      Parent(s)’ schedule;
    3. If neither Parent can attend, the School District shall use other methods to
      ensure at least one Parent’s participation;
    4. A meeting may be conducted without a Parent in attendance if the School
      District is unable to obtain the Parent(s)’ participation. In this case, the
      School District shall maintain a record of its attempt to arrange a mutually
      agreed-upon time and place;
    5. The School District shall take whatever action is necessary and reasonable
      to facilitate the Parent(s)’ understanding of and participation in the
      meeting including arranging for and covering the expense of an interpreter
      for Parents who are deaf or whose native language is other than English;
      and
    6. Any document generated during the meeting shall be provided to the
      Parent(s) upon request, unless applicable federal or State statute or
      federal regulation requires its automatic provision without a request.


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F. Consent

  1. The School District shall document that informed written parental consent is obtained prior to:
    1. Conducting any initial evaluation;
    2. The initial provision of special education and related services to a child;
    3. Conducting any reevaluation;
    4. Using the parent(s)’ private insurance or Medicaid or other public benefits
      or insurance programs to pay for services required by the child’s IEP
    5. Using an IFSP instead of an IEP;
    6. Disclosing personally identifiable information about a child, consistent with
      the requirements of federal and State law;
    7. Disclosing information to officials of participating transition agencies; and
    8. Disclosing information to officials of a private school or a private school student’s district of residence.
  2. Consent for a proposed action is written agreement provided by a parent(s)
    who has been fully informed of all information relevant to the activity for
    which consent is sought in his/her native language or mode of communication;
    who understands and agrees in writing to the carrying out of the activity for
    which consent is sought, and the consent describes the activity and lists the
    records (if any) that will be released and to whom; and that the agreement is
    voluntary and may be revoked at any time.
  3. Parental informed written consent is not required before reviewing existing
    data as part of an evaluation or a reevaluation or administering a test or
    evaluation that is administered to all children unless parental informed written
    consent is required of all children taking the test.


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G. Revocation of Consent for Evaluations and Reevaluations

  1. Revocation of informed written consent for evaluations or reevaluations may be communicated orally or in writing. If communicated orally , the School District will commit it to writing and provide the Parent(s) with a copy within five days. Any revocation of informed written consent for evaluations or reevaluations is effective immediately, but is not retroactive. The School District will promptly inform all staff members whose activities are affected by the revocation. If the School District disagrees with a Parent’s revocation of informed written consent, the School District may request a due process hearing.


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H. Revocation of Consent for Special Education and Related Services

  1. A Parent may revoke consent for special education and related services.
  2. Revocation of consent for special education and related services may be communicated by a Parent in writing or orally. The District will memorialize the Parent’s oral revocation of consent in writing and provide a copy to the Parent within five days.
  3. Within 10 calendar days after the School District’s receipt of written revocation of consent, the School District will provide the Parent with prior written notice at which time all IEP services shall cease.
  4. When a Parent revokes consent for special education and related services:
    1. The School District may not utilize mediation or the due process procedures to obtain agreement or a ruling that the services may be provided to the child.
    2. The School District is not required to convene an IEP meeting or develop an IEP for the child for further provision of specail education and related services.
    3. The School District will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with further special education and related services.
    4. The School District is not required to amend the child’s education records to remove any reference to the child’s receipt of special education and related services because of the revocationof consent.


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I. Filing a Due Process Complaint

  1. The parent(s) or the School District may file a due process complaint regarding:
    the School District’s proposal to initiate or change the identification,
    evaluation, or educational placement of the child or the provision of FAPE to
    the child; or the School District’s refusal to initiate or change the identification,
    evaluation, or educational placement of the child or the provision of FAPE to the child. The due process complaint must allege a violation that occurred not more than two years before the date the parent(s) or School District knew or
    should have known about the alleged action that forms the basis of the due
    process complaint. This two-year limitations period does not apply to a
    parent(s) if the parent(s) was prevented from filing a due process complaint
    due to a specific misrepresentation by the School District that it had resolved
    the problem forming the basis of the due process complaint or due to the
    School District’s withholding of information from the parent(s) that was
    required to have been provided.
  2. Notification to Parent(s)The School District shall notify parent(s) in writing of the procedures for
    requesting a due process hearing which includes a requirement that the due
    process complaint contain the following information:

     

    1. The name and address of the residence of the child or in the case of a
      homeless child or youth (within the meaning of the McKinney-Vento
      Homeless Assistance Act), available contact information for the child;
    2. The name of the school that the child attends;
    3. A description of the nature of the problem of the child relating to the
      proposed or refused initiation or change of the identification, evaluation,
      or educational placement of the child or the provision of FAPE to the child,
      including facts relating to such problem; and
    4. A proposed resolution of the problem to the extent known and available to
      the party filing the due process complaint at the time.
    5. This written notice must be provided to the parent by the School District
      upon the School District’s receipt of a due process complaint.
  3. Content of the Due Process ComplaintThe filing, basis for, and content of the due process complaint, whether by a
    parent, a student, or the School District, must contain items specified in
    Section 10, G (2) (a-d) and a party may not have a hearing on a due process
    complaint until the party, or the attorney representing the party, files a due
    process complaint that meets these requirements. If a party believes that the
    due process complaint does not meet these requirements, a party can
    challenge the sufficiency of the due process by notifying the hearing officer
    and the other party in writing within 15 days of receipt of the due process
    complaint. The due process complaint must be deemed sufficient unless such
    a challenge is made. The hearing officer must make a determination on the
    face of the due process complaint of whether the due process complaint meets
    the requirements within 5 days of receipt of the challenge and must
    immediately notify the parties in writing of that determination.
  4. Notification of Free or Low Cost Legal Services or Other Related Services in the
    AreaThe School District shall inform the parent(s) in writing of any free or low-cost
    legal services and other publicly-funded services available in the area if the
    parent(s) requests the information or the parent(s) or the School District files a
    due process complaint.
  5. Forwarding of Parent Due Process Complaint to ISBEThe School District’s Superintendent shall, within 5 days after its receipt of the
    due process complaint, forward the complaint by certified mail or another
    means that provides written evidence of delivery to the Illinois State Board of
    Education in Springfield.
  6. School District Response to Due Process ComplaintIf the School District has not sent a “prior written notice” under IDEA’S
    implementing regulations at 34 C.F.R. 5 300.503 to the parent(s) regarding the subject matter contained in the parent(# due process complaint, the School District must, within 10 days of receiving the due process complaint, send to
    the parent a response that includes:

     

    1. An explanation of why the School District proposed or refused to take the
      action raised in the due process complaint;
    2. A description of other options that the IEP Team considered and the
      reasons why those options were rejected;
    3. A description of each evaluation procedure, assessment, record, or report
      the School District used as the basis for the proposed or refused action;
      and
    4. A description of the other factors that are relevant to the School District’s
      proposed or refused action.
    5. The School District’s submission of a response to the parent’s due process
      complaint does not preclude the School District from challenging the
      sufficiency of such complaint, where appropriate.
  7. Other Party Response to Due Process ComplaintThe party receiving a due process complaint must, within 10 days of receiving
    the due process complaint, send to the other party a response that specifically
    addresses the issues raised in the due process complaint.
  8. Resolution MeetingWithin 15 days of receiving notice of the parent(s)’ due process complaint, and
    prior to the initiation of a due process hearing, the School District must
    convene a meeting with the parent and the relevant member or members of
    the IEP Team who have specific knowledge of the facts identified in the due
    process complaint. This meeting must include a representative of the School
    District who has decision-making authority on its behalf and cannot include the
    School District’s attorney unless the parent(s) is accompanied by an attorney.
    The purpose of this meeting is for the parent(s) of the child to discuss the due process complaint, and the facts that form the basis of the due process complaint, so that the School District has an opportunity to resolve the dispute
    that is the basis of the complaint. The Resolution Meeting need not be held if
    the parent(s) and the School District agree in writing to waive the meeting or
    to use the mediation process. Except where the parties have jointly agreed to
    waive the resolution process or to use mediation, the failure of the parent(s)
    filing a due process complaint to participate in the resolution meeting will
    delay the timelines for the resolution process and due process hearing until the
    meeting is held. If the School District is unable to obtain the participation of
    the parent(s) in the Resolution Meeting after reasonable efforts have been
    made, the School District may, at the conclusion of the 30-day period, request
    that a hearing officer dismiss the parent’s due process complaint. If the School
    District fails to hold the Resolution Meeting within 15 days of receiving notice
    of a parent(s)’ due process complaint or fails to participate in the Resolution
    Meeting, the parent may seek the intervention of the hearing officer to begin
    the due process hearing timeline. If a resolution to the dispute is reached at
    the Resolution Meeting, the parties must execute a legally binding agreement
    that is signed by both the parent(s) and a representative of the School District
    who has the authority to bind the School District. The Resolution Agreement
    shall be enforceable in a State court of competent jurisdiction or a Federal
    district court. A party may void the Resolution Agreement within 3 days of its
    execution.
  9. Amendment of the Due Process ComplaintA party may amend its due process complaint only if: the other party consents
    in writing to the amendment and is given an opportunity to resolve the due
    process complaint through a resolution meeting; or, the hearing officer grants
    permission, except that the hearing officer may only grant permission to
    amend at any time not later than five days before the due process hearing
    begins.
  10. Rights of the Parties Related to the Impartial Due Process HearingAny party to a due process hearing has the following rights:
    1. To be accompanied and advised by counsel and by individuals with special
      knowledge or training with respect to the problems of children with
      disabilities;
    2. To present evidence and confront, cross-examine, and compel the
      attendance of witnesses;
    3. To prohibit the introduction of any evidence at the hearing that has not
      been disclosed to that party at least five business days before the hearing;
    4. To obtain a written, or, at the option of the parent(s), electronic, verbatim
      record of the hearing;
    5. To obtain written, or, at the option of the parent(s), electronic findings of
      fact and decisions; and
    6. To receive disclosure of all evaluations completed by five business days
      prior to the hearing and recommendations based on the offering party’s
      evaluations that the party intends to use at the hearing.
  11. Parental Rights Related to the Due Process HearingParent(s) involved in hearings must be given the right:
    1. To have the child who is the subject of the hearing present;
    2. To open the hearing to the public;
    3. To have the record of the hearing and the findings of fact and decisions
      provided at no cost to the parent; and
    4. To have access to the School District’s list of independent evaluators and
      may obtain an independent evaluation of their child at their own expense.
      The parent(s) may ask the hearing officer to determine whether an
      independent evaluation is needed. If the hearing officer concludes, after reviewing the available information, that an independent evaluation is
      necessary, the hearing shall be delayed.
  12. Participant’s Right to InterpreterEither party, or any other person participating in the hearing, may request that
    an interpreter be available during the hearing because one of the participants
    is hearing impaired and/or uses a primary language other than English.
    Interpreters shall be provided at the expense of the School District.
  13. Stay-PutDuring the pendency of any administrative or judicial proceeding initiated
    pursuant to this Section, except as provided below, unless the School District
    and the parent(s) of the child agree otherwise, the child shall remain in his/her
    current educational placement. If the hearing involves the initial admission of
    the child to the public school, the child must be placed in the public school,
    with the parent’s informed written consent, until the completion of all the
    proceedings. If the due process complaint involves an application for initial
    services under Part B of IDEA for a child who is transitioning from Part C of
    IDEA and is no longer eligible for Part C services, the School District is not
    required to provide Part C services that the child has been receiving. If the
    child is found eligible for special education and related services under Part B
    and the informed parent consents in writing to the initial provision of special
    education and related services, then the School District must provide those
    special education and related services that are not in dispute between the
    parent and the School District. If the decision of the hearing officer agrees
    with the parent(s) that a change of placement is appropriate, that placement
    shall be treated as agreement between the State or School District and the
    parent(s) for purposes of this Section.
  14. School District Authority to Change a Student’s PlacementSchool personnel have the authority to change the current educational
    placement of a child with a disability:

     

    1. For not more than 10 consecutive school days for any violation of school
      rules, and additional removals of not more than 10 consecutive school
      days in that same school year for separate incidents of misconduct (as long
      as those removals do not constitute a change of placement as defined in
      the IDEA and related federal and State regulations); and
    2. To an appropriate interim alternative educational setting for the same
      amount of time that a child without a disability would be subject to
      discipline, but for not more than 45 school days, if:(1) The child carries a weapon to or possesses a weapon at school, on
      school premises, or to or at a school function; or(2) The child knowingly possesses or uses illegal drugs or sells or solicits
      the sale of a controlled substance while at school, on school premises,
      or at a school function; or

       

      (3) The child has inflicted serious bodily injury upon another person while
      at school, on school premises, or at a school function; or

      (4) Ordered by a hearing officer in accordance with the expedited hearing
      procedures set forth below.

  15. Hearing TimelinesThe School District will fully cooperate with the timelines set forth by the
    hearing officer to ensure that the hearing process is completed within 45 days
    from: the expiration of the 30-day resolution period; or, the date both parties
    agree in writing to waive the Resolution Meeting; or, after either the
    Mediation or Resolution Meeting starts but before the end of the 30-day
    period, the parties agree in writing that no agreement is possible.
  16. Right to Appeal Hearing DecisionThe parent(s) or the School District may appeal the due process hearing
    findings and decision, within 120 days from the date the decision was mailed
    to the parties, by commencing a civil action in any court of competent
    jurisdiction.


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J. Expedited Due Process Hearings

  1. The School District may request an expedited due process hearing if school
    personnel believe that maintaining the current placement of the child is
    substantially likely to result in injury to the child or others.
  2. The parent(s) or child (if he or she is at least 18 years of age or emancipated)
    may request an expedited due process hearing if there is disagreement with
    regard to:

     

    1. The School District’s determination that a child’s behavior was not a
      manifestation of his/her disability;
    2. The decision of the School District to move the child to an interim
      alternative educational setting; or
    3. The interim alternative educational setting selected.
  3. When requesting an expedited hearing the requesting party must provide the
    following:

     

    1. Name of legal counsel if the party is represented by counsel or intends to
      retain counsel;
    2. Matters in dispute and specific relief sought;
    3. Names of all witnesses to be called to testify at the hearing; and
    4. Relevant documents.
  4. No later than two days prior to the hearing, both parties involved in the
    expedited hearing must disclose to the hearing officer and to each other any
    evidence, which is intended to be submitted into the hearing record.
  5. Unless the parents and the School District agree in writing to waive a
    Resolution Meeting, a Resolution Meeting must occur within seven days of
    receiving notice of the due process complaint and the due process may
    proceed unless the matter has been resolved to the satisfaction of both
    parties.


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K. Mediation

  1. The purpose of mediation is to attempt to informally resolve disputes
    regarding the identification, evaluation, or placement of, or the provision of
    free, appropriate public education to, a child. The School District shall inform
    parent(s), at least whenever a due process hearing is requested, that ISBE
    offers a process of mediation that may be used to resolve such disputes.
  2. ISBE’s Special Education Unit shall appoint a trained impartial mediator upon
    the request of the parent(s) or the School District. Mediation sessions shall be
    scheduled in a timely manner and held in a location that is convenient to the
    parties.
  3. Mediation is entirely voluntary. In no way shall mediation be used as a means
    to deny or delay a parent’s right to a hearing or any other rights afforded
    under IDEA, Article 14 of The School Code, or their implementing regulations.
  4. Any resolution reached as part of the mediation process must be set forth in
    writing, is legally binding, and is enforceable by a court of competent
    jurisdiction.
  5. Discussions that occur during mediation shall be confidential and may not be
    used as evidence in any subsequent due process hearings or civil proceedings.


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L. Complaints

  1. A parent, individual, organization, or advocate may file a signed, written
    complaint with ISBE alleging that the School District has violated the rights of
    one or more children with disabilities. Such a complaint must include:

     

    1. A statement that the School District has violated a requirement of the
      IDEA, Article 14, or their implementing regulations;
    2. The facts on which the statement is based;
    3. The signature and contact information for the complainant;
    4. The names, addresses, and schools of attendance of the students involved,
      if known;
    5. A description of the nature of the problem of the child, including facts
      relating to the problem; and
    6. A proposed resolution to the problem to the extent known and available to
      the party at the time the complaint is filed.
  2. A complaint to ISBE must allege only violations that occurred not more than
    one year prior to the date on which ISBE receives the complaint.


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M. Surrogate Parents

  1. The School District shall ensure that the rights of a child with a disability are
    protected through the appointment of a qualified surrogate parent(s) when:

     

    1. The parent(s) cannot be identified or located; or
    2. The child is a ward of the State; or
    3. The child is an unaccompanied youth as defined in Section 725(6) of the
      McKinney-Vento Homeless Assistance Act.
  2. The School District shall undertake reasonable efforts to identify and discover
    the whereabouts of the parent(s) of the child with a known or suspected
    disability. Such reasonable efforts may include documented phone calls,letters, certified letters with return receipts, visits to the home, and interviews with relatives and other individuals who may have knowledge of the whereabouts of the child’s parent(s).
  3. If, after reasonable efforts have been made, the parent(s) cannot be located,
    the School District shall take similar steps to establish contact with a relative,
    or an individual with whom the child resides and/or the individual or agency
    which is legally responsible for the child’s care and education.
  4. If, after reasonable efforts have also been made to identify a guardian of the
    child or a person acting as the parent(s) of the child, no such person has been
    either identified or located, the School District shall make a written request to
    ISBE to appoint a surrogate parentjs) for the child in matters relating to the
    identification, evaluation, and educational placement of, and provision of free,
    appropriate public education to, him or her.
  5. The written request to ISBE shall include information on the racial, linguistic or
    cultural background of the child.


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N. Independent Educational Evaluations

  1. Parent(s) have the right to obtain an independent educational evaluation of
    their child, subject to the provisions of federal and State law.
  2. The School District shall provide to the parent(s), upon their request, the list of
    independent educational evaluators developed by ISBE.
  3. If the parent(s) disagree with the School District’s evaluation and wish to
    obtain an independent educational evaluation at public expense, they shall
    submit to the superintendent a written request to that effect.
  4. If the School District disagrees with the need for an independent educational
    evaluation, it shall initiate a due process hearing to demonstrate that its
    evaluation is appropriate. Such a hearing shall be initiated by the School
    District within five days following receipt of a written parental request.
  5. An independent educational evaluation at public expense shall be completed
    within 30 days after receipt of a parent’s written request, unless the School
    District initiates a due process hearing or the parties agree that the 30-day
    period should be extended. If either party wishes such an extension and is
    unable to obtain the other party’s agreement, the School District shall initiate a
    due process hearing.
  6. If the final decision of the hearing and review process is that the School
    District’s evaluation is appropriate, the parent(s) shall have the right to an
    independent educational evaluation, but not at public expense.
  7. If the School District’s evaluation is shown to be inappropriate, the School
    District shall pay for the independent educational evaluation or reimburse the
    parent(s) for the cost of said evaluation.
  8. If the parent(s) are entitled to an independent educational evaluation at public
    expense, it shall be completed within 30 days after the decision is rendered,
    unless the parties agree that the 30-day period should be extended. If either
    party wishes such an extension and is unable to obtain the other party’s
    agreement, the School District shall initiate a due process hearing.
  9. When an independent evaluation is obtained at public expense, the party
    chosen to perform the evaluation shall be either:

     

    1. An individual whose name is included on the list provided by ISBE with
      regard to the relevant type(s) of evaluation; or
    2. Another individual possessing the credentials required by 23 111. Admin.
      Code § 226.840.
  10. If the parent(s) wishes an evaluator to have specific credentials in addition to
    those required by 23 111. Admin. Code § 226.840, the parent(s) and the School
    District shall agree on the qualifications of the examiner and the specific
    evaluation(s) to be completed prior to the initiation of an independent
    educational evaluation at public expense. If agreement cannot be reached, theSchool District shall initiate a due process hearing subject to the time constraints set forth in this Section.
  11. The conditions under which an independent evaluation is obtained at public
    expense, including the location of the evaluation and the qualifications of the
    examiner, shall meet the criteria that the School District uses when it initiates
    an evaluation, to the extent that those criteria are consistent with the parent’s
    right to an independent evaluation.
  12. If the parent(s) obtains an independent educational evaluation, the written
    results of that evaluation shall be considered by the IEP Team and may be
    presented as evidence at a due process hearing as provided by law. The School
    District shall send the notice convening the IEP Team’s meeting within ten days
    after receiving the evaluation report or after the parent(s) requests a meeting
    to consider the results of an independent evaluation.


Return to Section 510 Index

O. Transfer of Parental Rights

  1. All rights accorded to parent(s) under the IDEA, Article 14 of The School Code,
    and their implementing regulations transfer to the child when he or she
    reaches 18 years of age or becomes an emancipated minor, unless a legal
    guardian has been appointed for the child or the child delegates his/her rights
    to the parents or another adult after the child turns 18 years of age. The
    School District shall notify the child and the parent(s) of such transfer of rights
    and the process for delegating such rights, and shall provide the student with a
    Delegation of Rights form, at least one year prior to the date that the child
    reaches the age of majority.
  2. The School District shall provide any notice required by the IDEA, Article 14 of
    The School Code, and their implementing regulations to the child and the
    parent(s).

LEGAL REF.:

20 U.S.C. §§ 1412(a)(6) (State eligibility), 1412(a)(7), 1413(a)(l)(local educational agency eligibility), 1415 (procedural safeguards).

34 C.F.R. 99300.500-300.520 (procedural safeguards and due process), 300.610-300.627 (confidentiality of information), 300.322 (parent participation), 300.154(d) (methods of ensuring services), 300.320(c) (notification of transfer of rights).

105 ILCS 5/8.02, 5/14-8.02a, 5/14-8.02b, 5/14-6.10.

23 111. Admin. Code §§ 226.500-226.690 (procedural safeguards,
State complaints, and due process), 226.180 (independent
educational evaluations), 226.230(d) (age of majority for
transfer of rights).