The special education process is a collaboration between families and LLCA. It is important for parents of children with disabilities to understand their rights throughout this process.
Procedural Safeguards: Handbook on Parents’ Rights
As stated in the Procedural Safeguards: Handbook on Parents’ Rights, Public Schools of North Carolina, Exceptional Children Division, “The IDEA requires schools to provide parents of a child with a disability a notice containing a full explanation of the procedural safeguards (legal rights) available under the IDEA and the federal regulations.” Additional information can be found at the US Department of Education’s searchable website at http://idea.ed.gov/.
Advocates and attorneys
Special Education Services believes that collaboration between district staff and parents is the best way to make decisions related to the development of a student’s IEP. From time to time, parents may wish to bring a representative to an IEP meeting, such as an advocate or attorney.If you need additional information about this, please contact Mimi Kyres EC Coordinator.
Any person who has a concern about the education of a student with a disability can raise the issue in one of several ways. For example, it is always appropriate to discuss the matter with the student’s teacher or the school Dean at LLCA. Also, a person may contact the Coordinator of Exceptional Children Program, Mimi Kyres, to discuss their concerns and to work towards a resolution. In additional, any person may contact the Department of Public Instruction Exceptional Children’s Division for disputes concerning a student with a disability.
Information for dispute resolutions can be found at https://ec.ncpublicschools.gov/parent-resources/dispute-resolution/due-process-hearings The consultants for dispute resolution work with parents, traditional local educational agencies, charter schools, state operated programs and other individuals to resolve disputes. They provide information about facilitated IEP meetings, mediation, formal written complaints and due process hearings. They also investigate formal written complaints.
PARENTAL RIGHTS REGARDING SECTION 504 OF THE REHABILITATION ACT OF 1973
LLCA is committed to complying with federal law and Section 504 of the Rehabilitation Act of 1973, which ensures a free and appropriate education to each student with a disability. Under the Act, anyone who has a physical or mental impairment that substantially limits a major life activity may be considered handicapped. The school has responsibilities to identify, evaluate and provide appropriate education services for all students eligible as having a disability under Section 504. Parents are entitled to be fully informed of decisions regarding their child’s education and to be advised of those rights to challenge any of the decisions.
Receive notification that your child is being evaluated and identified as handicapped.
Receive notification that an educational plan is being developed.
Have evaluation and educational decisions made from a variety of information sources and by persons who know your child, the evaluation data and placement options.
Examine all relevant records.
Have your child receive a free and appropriate public education which includes being educated with non-handicapped students to the maximum extent appropriate and receiving reasonable accommodation in school and school-related activities.
Have periodic reevaluations and an evaluation prior to any significant change in educational program.
Have an informal conference with the school principal and the multidisciplinary team and, if your concerns are not addressed, you may request an impartial hearing.
Request an impartial formal hearing if there is disagreement related to actions regarding your child’s identification, evaluation, educational program or placement and be represented by counsel.
Please contact the school for questions or concerns regarding your child’s education.
For additional information regarding Section 504 of the Rehabilitation Act of 1973, contact Kristen Collette, Elementary 504 Coordinator, or Morgan Poff, Secondary 504 Coordinator at (828) 625-9292.