Procedural Safeguards

Article 7, Indiana's special education law, provides procedural safeguards for the parent(s) and students that are designed to promote parental participation, ensure that students with disabilities are provided a free appropriate public education (FAPE), and provide a means of resolving disagreements. Procedural safeguards have been referred to as the “rights and responsibilities” of the parent(s) and schools.

The school must provide the parent(s) a copy of the Notice of Procedural Safeguards at least once a year and whenever:

• A student is referred for an initial evaluation,
• A parent requests an evaluation,
• A parent files a complaint (only the first complaint in the school year is required),
• A parent requests a due process hearing (only with the first hearing request in the school year),
• A disciplinary change of placement is made or recommended, and
• A parent requests a copy of the Notice.

The Notice of Procedural Safeguards contains information about:

• The parent's right to written notice before the school can take certain action;
• The situations in which the school must obtain the parent's written consent before taking certain action ;
• The parent's right to request an evaluation;
• The parent's right to a copy of the initial educational evaluation report prior to the case conference committee (CCC);
• The procedural safeguardsaffirm the right of the student's parent(s) to be fully informed, to participate in the process, to receive prior notice and provide consent, to have any information that could personally identify the student held in confidence, to examine all relevant records, and to a timely and impartial resolution of disputes.
• The parent's right to a meeting with school personnel to discuss the initial educational evaluation report prior to the CCC;
• The parent's right to participate as a member of the CCC;
• The parent's rights regarding the student's educational record;
• The transfer of rights to the student at 18 years of age;
• The parent's right to access complaints, mediation, and due process hearings;
• The requirements for a parent's unilateral placement of a student with a disability in a private school;
• The protections and procedures for students who are subject to certain disciplinary actions. This includes protections for those students who are being evaluated but have not yet been determined eligible for special education;
• The school's reporting of crimes allegedly committed by a student with a disability

The following link is to the Indiana Department of Education and copies of Article 7 and procedural safeguards (Parent Rights). Copies are available in both English and Spanish.

Case Conference Committee (CCC)

The Case Conference Committee (CCC) is a team that works together to make decisions about a student's special education services. The committee reviews evaluation information, discusses the student's strengths and needs, and develops or updates the student's Individualized Education Program (IEP) when appropriate.

When is a CCC Meeting Held?

A case conference may be scheduled:

• After an initial special education evaluation
• Following a reevaluation
• At least once each year to review a student's IEP
• When a student receiving special education transfers into Alexandria Community School Corporation
• When a parent or school staff member requests a meeting
• When significant changes to a student's educational program need to be considered

Who Participates?

The CCC typically includes:

• Parent(s) or guardian(s)
• Student (when appropriate, generally beginning at age 14)
• General education teacher
• Special education teacher
• School administrator or Public Agency Representative (PAR)
• School psychologist or other specialists, as needed (speech-language pathologist, occupational therapist, physical therapist, etc.)

What Happens During the Meeting?

During the meeting, the committee will:

• Review the student's strengths, progress, and educational needs
• Discuss evaluation results, if applicable
• Develop or revise the student's IEP
• Determine appropriate accommodations, supports, and services
• Consider the least restrictive environment (LRE) for the student's education
• Answer parent questions and encourage family participation throughout the process

Parent Partnership

Parents are valued members of the Case Conference Committee. Your input is essential in developing an educational plan that supports your child's success. If you have questions or would like to request a case conference, please contact your child's teacher of record or ythe Office of Exceptional Learners.

Child Find is a state and local effort to find children, ages 3-21, who are not receiving a free public education and who may have disabilities that interfere with learning. Child Find also seeks to create a greater awareness of the special needs of these children.

Alexandria-Monroe Special Education Department currently provides evaluation and/or services for children with health impairments, cognitive disabilities, specific learning disabilities, emotional disabilities, visual impairments, orthopedic impairments, language/speech disorders, hearing impairments, multiple handicaps, autism, traumatic brain injuries, developmental delays, and deaf/blind impairments.

Alexandria-Monroe Special Education Department is responsible for conducting Child Find activities and evaluations necessary for private schools located in the cooperative. IDEA 2004 and USDOE Regulations require school districts to identify and provide select services to students with disabilities at private schools in the jurisdiction regardless of the student's home residence.

Preschool Referrals

If a parent, therapist, teacher, or First Steps provider suspects that a child (age 3-5) has an educational disability, then areferral request via email or phone will be sent to the Office of Academic Programs attention to the School Psychologist. The Preschool Coordinator or Director of Academic Programs will send a consent to evaluate form and Procedural Safeguards (parent's rights) to the parent to obtain consent within ten (10) instructional days.

The referral is then assigned to a multi-disciplinary team who will formally evaluate the child by the child's third birthday (if coming from First Steps) or within 50 school days (see Preschool Ages 3-5 Tab for more detailed information)

Initial Public and Nonpublic School Referrals K-12

When a parent, teacher and/or other school personnel suspect an educational disability or a related services need (the request may be made verbally or in writing), a referral via email or phone call must be sent to the Office of Academic Programs the day the evaluation request was received. The Office of Academic Programs will respond to the referral request within ten (10) instructional days.

***Note: A school corporation cannot test for dyslexia. This is medical/clinical diagnosis which must be made by a clinical psychologist at the expense of the parent. The school can test for a "specific learning disability" in the area of reading which is an educational diagnosis.

***A school corporation cannot test for Attention Deficit Hyperactivity Disorder. This is a medical diagnosis made by a doctor. A school can however test for the likelihood of attention problems and if these are present and significant the school can provide services to the student under the educational diagnosis of "Other Health Impaired."

***A student with a medical diagnosis of Autism, Asperger's Syndrome, or Pervasive Developmental Disorder may or may not qualify for the educational diagnosis of Autism Spectrum Disorder. This will depend upon the needs of the student and is a case conference decision. A Section 504 plan is available to students who have a medical diagnosis but do not qualify under Article 7 for special education and related services.

Data Collection Meeting: Once the referral is received, the request is assigned to an appropriate multi-disciplinary team. A data collection meeting is required prior to all initial special education referrals (including language and speech referrals); and if the referral request was initiated by the parent, then the school is legally obligated to hold the meeting and send home a written notice to the parent(s) within 10 instructional days. The purpose of a data collection meeting is to review existing academic and/or behavior data (through local and state assessment data, work samples, teacher input, etc.) and then determine if a suspected educational disability exists. Participants may include a school administrator, teacher, school psychologist/diagnostician, and any other staff member who works with the student (e.g., counselor, related services personnel). If there are speech and/or language concerns, the speech and language pathologist should also be included in the data collection meeting.

If, after reviewing the available data at the data collection meeting, there is no basis for suspecting an educational disability, the school psychologist will provide the parent with a written response explaining why The Office of Academic Programs will not proceed with an evaluation. If this is the case, the data collection team may generate a general education intervention plan that addresses parental concerns or make a referral to the building Response to Instruction (RtI) Team.

REMINDER: In response to a parent's request to have his/her child evaluated, and to ensure that the parent receives written notice within ten (10) instructional days, it is recommended that the data collection meeting be held (and the written notice be mailed home) within 8 school days of the parent's verbal or written request.

If an educational disability is suspected, the school psychologist will send home the appropriate paperwork, including consent to evaluate and a copy of the parent's Procedural Safeguards. Once signed consent is returned to the Office of Academic Programs, the school psychologist will assign a multi-disciplinary team based on the assessments needed to complete the evaluation. The following are possible multi-disciplinary team members: school psychologist, school psychology intern, speech/language pathologist, occupational therapist, physical therapist, blind/low vision teacher, deaf/hard of hearing teacher, other special education teacher, social worker, guidance counselor, Autism Team member, or school nurse, and/or general education teacher.

The multi-disciplinary team has 50 school days to complete the evaluation; unless the student has been referred through anestablished Response to Intervention program, and in that case, the multi-disciplinary team will have 20 days to complete the evaluation.

If the parent(s) request an initial evaluation during the time the student is suspended, expelled, or placed in an interim alternative educational setting, the evaluation must be completed and case conference meeting held within 20 school days rather than 50 school days.

After the evaluation is completed, and for initial evaluations only, a ‘Notice of Initial Findings and Proposed Action' lettermust be sent and received by the parent(s) at least five (5) instructional days prior to the CCC meeting. This letter is sent out by the person completing the educational evaluation report (usually the school psychologist or school psychology intern).

REMINDER: When signing consent to evaluate, a parent can choose to have a copy of the educational evaluation report prior to the CCC meeting and/or they can choose to meet with someone prior to the CCC meeting to review and discuss the results of the evaluation. When requested, the psychologist or intern is responsible for sending home a copy of the report. If the parent wishes to have a meeting with someone prior to the CCC meeting to review the report, the psychologist or intern is responsible for arranging that meeting with the parent(s).

NOTE: Assessments and other evaluation materials must be provided and administered in the (1) student's native language or other mode of communication, and (2) form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so. Assessments will be given by trained and knowledgeable personnel and the assessments will be selected and administered in accordance with any instructions provided by the producer of the assessments.

Understanding Your Options for Settling Disputes

Who Is This For?
This section is for parents who either disagree with the school district's assessment or educational program for their child or who believe that the school district has violated any of the requirements of the Individuals with Disabilities Education Act (IDEA) and/or Article 7.

Why Is This Important?
Ideally, parents and educators will be able to work as partners in all aspects of serving students with disabilities. Good communication between parents and schools will minimize disputes and disagreements. However, when disagreements arise, there are several avenues for handling such disputes. Parents should be familiar with the options available for settling disputes and for reporting lack of compliance.

Words and Terms to Know
Mediation: A confidential, voluntary process that allows parties to resolve disputes. An impartial mediator helps the parties to express their views and positions and to understand the other's views and positions. The mediator's role is to facilitate discussion and help parties
reach an agreement – not to recommend solutions or take positions or sides. Mediation may be used as an alternative to a Resolution session.

State Complaint: A written complaint can be filed by any organization or individual claiming that a school district within the state has either violated a requirement of Part B of IDEA (the part that contains all requirements regarding the delivery of special education services) or
Article 7, Indiana's special education law or regulations. State complaints must be filed and received by the Center for Exceptional Learners ( CEL) within one (1) year of the date of the alleged violation.

Due Process Hearing: A formal procedure before an impartial hearing officer who is not an employee of the state education agency or school district. Both the parents and the school district present arguments and evidence. A request for a due process hearing must be made within two (2) years of the date the parent or public agency knew or should have known of the alleged dispute unless the parents were prevented from requesting the hearing due to specific misrepresentations or withholding of information by the school.

Resolution Session: A mandatory meeting that the school district must convene within 15 calendar days of receiving the parents' due process hearing request. The resolution session includes parents, members of the IEP team who have specific knowledge relevant to the issues and a representative of the school district who has decision-making authority.

More information can be found at the following link: Indiana DOE Special Education Due Process

If you are a parent who feels you need a child advocate to help you with understanding your child's rights, please see the following link:

The Indiana Resource Center for Children with Special Needs (INSOURCE)

Eligibility for special education is determined by the case conference committee after an initial evaluation or reevaluation is completed. Out of state evaluations may or may not be used to determine eligibility if it conflicts with Indiana Special Education Law. This is will be determined by comparing the eligibility requirements for Indiana versus the out of state requirements. Additional testing may be needed if not all requirements were met by the out of state testing or if the eligibility determined out of state is not a category of special education in the state of Indiana.

Outside (private) evaluations from a private agency should be shared with the school and that data must be considered when completing an educational evaluation, however all eligibility decisions are case conference decision.

Note: Many states allow a student to be label Developmental Delay until age 8. If a student moves to Indiana and is school aged (K-12), then a school aged label must be chosen for the student. The case conference committee can choose to use existing data or ask for a reevaluation.

The following eligibility categories exist in the state of Indiana:

• Autism Spectrum Disorder
• Blind or Low Vision
• Cognitive Disability (Mild, Moderate, or Severe)
• Deaf or Hard of Hearing
• Deaf-Blind
• Developmental Delay (ages 3-8)
• Emotional Disability
• Language or Speech Impairment
• Multiple Disabilities
• Other Health Impairment
• Orthopedic Impairment
• Specific Learning Disability (in reading, written expression, oral expression, listening comprehension, or mathematics)
• Traumatic Brain Injury

The case conference committee discusses the eligibility requirements listed in Article 7, Indiana's Special Education Law, when determining eligibility.

Any services or accommodation can be provided under ANY eligibility determination if the case conference determines it is a need.