Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 6 - Regulations Governing the Education of Children with Disabilities › Section 200-RICR-20-30-6.8 - Procedural Safeguards

Current through June 14, 2024
6.8.1
Due
				  Process Procedures for Parents and Children
A. Responsibility of SEA and other public
				  agencies shall be in accordance with
				   34 C.F.R. §
												300.500, incorporated by reference by
				  above.
B. Opportunity to examine
				  records; parent participation in meetings shall be in accordance with
				   34 C.F.R. §
												300.501, incorporated by
				  reference above; provided, however:
1. Parent
				  involvement in placement decisions shall be in accordance with
				   34 C.F.R. §
													300.501(c). In
				  addition:
a. The LEA shall make reasonable
				  efforts to ensure that the parents understand, and are able to participate in,
				  any group discussions relating to the educational placement of their child,
				  including arranging for sign or language interpreters.
C. Independent educational
				  evaluation shall be in accordance with
				   34 C.F.R. §
												300.502, incorporated by reference above;
				  provided, however:
1. If a parent requests an
				  independent educational evaluation at public expense, the public agency shall
				  comply with
				   34 C.F.R. §
													300.502(b)  not later than
				  fifteen (15) calendar days from receipt of a request.
D. Prior notice by the public agency; content
				  of notice, shall be in accordance with
				   34 C.F.R. §
												300.503, incorporated by reference
				  above; provided, however:
1. The written
				  notice required by
				   34 C.F.R. §
													300.503(a)  shall be
				  given within ten (10) school days.
E. Procedural safeguards notice shall be in
				  accordance with
				   34 C.F.R. §
												300.504, incorporated by reference above;
				  provided, however that the notice required in
				   34 C.F.R. §
												300.504(c)  shall also
				  include a full explanation of the procedural safeguard available under
				  §6.8.1(U) of this Part.
F. The
				  use of electronic mail shall be in accordance with
				   34 C.F.R. §
												300.505, incorporated by reference
				  above.
G. Mediation. The SEA shall
				  offer and implement a conflict resolution procedure called "mediation" in
				  accordance
				   34 C.F.R. §
												300.506, incorporated by
				  reference above; provided, however:
1. Under
				   34 C.F.R. §
													300.506(a),
				  each public agency must ensure that procedures are established to implement
				   34 C.F.R. §
													300.506(a),
				  including referring a party seeking mediation to the SEA.
H. The filing of a due process complaint
				  shall be subject to the provisions of
				   34 C.F.R. §
												300.507, incorporated by reference
				  above.
I. Due process complaints
				  shall be in accordance with
				   34 C.F.R. §
												300.508,
incorporated by reference above.
J. The development and use of model forms
				  shall be provide in accordance with
				   34 C.F.R. §
												300.509, incorporated by
				  reference above.
K. The resolution
				  process shall be in accordance with
				   34 C.F.R. §
												300.510, incorporated by reference
				  above.
L. Impartial due process
				  hearings shall be conducted in accordance with
				   34 C.F.R. §
												300.511, incorporated by reference above;
				  provided, however:
1. Under
				   34 C.F.R. §
													300.511(b), the SEA shall
				  establish, implement, determine financial responsibility, and develop
				  procedures for administering a system of due process under this
				  section.
M. Hearing
				  rights shall be provided in accordance with
				   34 C.F.R. §
												300.512, incorporated by reference
				  above.
N. Hearing decisions shall
				  be issued in accordance with
				   34 C.F.R. §
												300.513, incorporated by reference
				  above.
O. Finality of decision;
				  appeal.
1. Finality of hearing decision. A
				  decision made in a hearing conducted pursuant to §§6.8.1(H) through
				  (N) of this Part or §§6.8.2(A) through (E) of this Part is final,
				  except that any party involved in the hearing may appeal the decision under the
				  provisions of §6.8.1(Q) of this Part.
P. Timelines and convenience of hearings and
				  reviews shall be in accordance with
				   34 C.F.R. §
												300.515, incorporated by reference
				  above.
Q. Civil actions may be
				  brought in accordance with
				   34 C.F.R. §
												300.516, incorporated by
				  reference above; provided, however:
1.
				  General. Under
				   34 C.F.R. §
													300.516(a),
				  any party aggrieved by the findings and decision made under
				  §§6.8.1(H) through (N) of this Part or §§6.8.2(A) through
				  (E) has the right to bring a civil action with respect to the due process
				  complaint notice requesting a due process hearing under §§6.8.1(H) or
				  6.8.2(A) through (C) of this Part. The action may be brought in any State court
				  of competent jurisdiction or in a district court of the United States without
				  regard to the amount in controversy.
2. Time limitation. Under
				   34 C.F.R. §
													300.516(b)  the
				  party bringing the action shall have thirty (30) days from the date of the
				  receipt of the decision of the hearing officer to file a civil
				  action.
R. Attorneys'
				  fees shall be in accordance with
				   34 C.F.R. §
												300.517, incorporated by reference
				  above.
S. Child's status during
				  proceedings shall be in accordance with  34 C.F.R. §
												300. 518, incorporated
				  by reference above.
T. The
				  assignment of surrogate parents shall be in accordance with  34 C.F.R. §
												300. 519, incorporated by reference above.
U. Transfer of parental rights at age of
				  majority.
1. When a child with a disability
				  reaches the age of eighteen (18) under R.I. Gen. Laws §
												15-12-1 (except for a child with a disability who has been determined to be incompetent
				  under State law):
a. The public agency must
				  provide any notice required by this part to both the child and the parents; and
b. All rights accorded to parents
				  under Part B of the Act transfer to the child;
2. All rights accorded to parents under Part
				  B of the Act transfer to children who are incarcerated in an adult or juvenile,
				  State or local correctional institution; and
3. The public agency must notify the child
				  and the parents of the transfer of rights.