6412 - Due Process in Special Education

Windsor Locks Board of Education

Manual of Policies, Regulations, and Bylaws

Section: INSTRUCTION Definition: POLICY

Title: Due Process in Special Education Number: 6412

  Page: 1 of 2

Adopted: November 1982

Revised: October 1984

Replaces:

Appeal Procedures

Parents and educators should always work together in planning a child’s education. The setting for such discussions generally is the Planning and Placement Team meeting. Most concerns raised about a child’s school program can be dealt with and resolved in this setting to the satisfaction of all involved. Every attempt should be made to discuss issues in this fashion before the more formal procedures of due process are invoked. Where the cooperative approach fails to achieve decisions that are mutually acceptable, formal procedures to resolve the parties’ differences can be instituted.

a. A parent or guardian of a child requiring special education or a pupil eighteen years of age or older requiring special education under sections 10-76a to 10-76g inclusive, or a surrogate parent appointed pursuant to section 10-94g or the commissioner of children and youth services may request in writing of the Board of Education a hearing to review (1) the diagnosis, (2) the evaluation of special education programs provided or proposed for such child or pupil, (3) the exclusion or exemption from school privileges of such child or pupil or (4) any other matter concerning the child’s special education or right to special education.

b. The Board of Education shall, not later than seven calendar days after a hearing is requested, notify the state department of education of any request for a hearing.

c. The Board of Education may request, upon written notice to the parent or guardian of such child or to the adult pupil or to the surrogate parent appointed pursuant to section 10-94g or to the commissioner of children and youth services concerning the decision of the planning and placement team established pursuant to section 10-76d regarding the matters 1-4 in A above.

1. Upon receipt of a written request for a special education hearing, the Board of Education shall hold an administrative review of the matter. A written copy of the decision rendered at such administrative review shall be distributed to all parties within fifteen days of the request for a special education hearing.

2. In lieu of an administrative review, the parties to the hearing requested may agree in writing to request of the department of education the assistance of a state mediator who shall attempt to work out a solution which is acceptable to the parties within thirty days from the request for mediation. If no agreement can be reached within the thirty-day period, the mediator shall certify in writing to the parties that mediation has not been successful.

3. If the dispute is resolved through the conciliation procedures, the parties should so notify the State Department of Education. If the dispute is not resolved, the special education hearing shall convene as scheduled by the State Department of Education; with a written decision to be rendered within forty-five days of the request for the hearing.

4. The Board of Education shall take action on the findings or prescription of the hearing officer within fifteen days after receipt of the decision thereof.

References: Connecticut General Statutes – 10-76a; 10-76d

 Public Act 84-284