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. |