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(6.28) What information must be contained in the procedural rights notice?

(6.28) What information must be contained in the procedural rights notice?

The procedural rights notice must be in your native language (unless the school district is clearly unable to do so). It must be written in an easily understandable way and must contain a full explanation of all of the following:

  1. Your right to an independent educational evaluation (See Chapter 2, Information on Evaluations/Assessments);
  2. Your right to prior written notice of change or refusal to change a program or service;
  3. Your right to consent, or not, to the assessment, program and/or placement of your child;
  4. Your right to review your child’s educational records;
  5. Your right to request a due process hearing;
  6. Your child’s right to remain in his current placement while due process is pending;
  7. The district’s procedures for students subject to placement in interim “alternative educational settings” for limited periods of time by school officials or ALJs;
  8. The requirements for when you wish to place your child in a private school and seek public financing;
  9. The availability of and procedures for mediation;
  10. The procedures concerning due process, including the requirement that all evaluation results and recommendations be disclosed by the parent to the district and by the district to the parent at least five business days before the hearing;
  11. The availability of “civil actions” such as court appeals following a due process hearing decision;
  12. The availability of attorneys’ fees from a district to parents where the parents are the “prevailing party” in a due process hearing, and a full explanation of any limitation on that right or potential denial of or reduction in attorneys’ fees for parents; and
  13. The availability of the state compliance complaint procedures, including a description of how to file a complaint and the timelines under that process.
    [20 U.S.C. Sec. 1415(d)(2); 34 CFR Sec. 300.504(c).]