included herein. As such, Vendors whose proposals, in the sole opinion of the State, reflect a substantial number of material exceptions to this RFP, may place themselves at a comparative disadvantage in the evaluation process or risk disqualification of their proposals. For Vendors who have successfully negotiated a contract with ITS in the past, ITS requests that, prior to taking any exceptions to this RFP, the individual(s) preparing this proposal first confer with other individuals who have previously submitted proposals to ITS or participated in contract negotiations with ITS on behalf of their company, to ensure the Vendor is consistent in the items to which it takes exception. PROPOSAL EXCEPTION SUMMARY FORM List and clearly explain any exceptions, for all RFP Sections and Exhibits, in the table below. ITS RFP Reference Vendor Proposal Reference Brief Explanation of Exception ITS Acceptance (sign here only if accepted) (Reference specific outline point to which exception is taken) (Page, section, items in Vendor’s proposal where exception is explained) (Short description of exception being made) 1. 2. 3. 4. 5. 6. 7.
Activities Before any major activity to identify, locate, or evaluate children in need of special education and related services (also known as “Child Find”), the notice must be published or announced in newspapers or other media, or both, with circulation adequate to notify parents throughout the State of these activities. Prior Written Notice §300.503 Notice Unless you waive the timeline, written notice must be given to you seven (7) calendar days before the school district: Proposes to initiate or change the identification, evaluation, or educational placement of your child, or the provision of a free appropriate public education (FAPE) to your child; or Refuses to initiate or to change the identification, evaluation, or educational placement of your child, or the provision of FAPE to your child. Content of Notice The written notice must: Describe the action that the school district proposes or refuses to take; Explain why the school district is proposing or refusing to take the action; Describe each evaluation procedure, assessment, record, or report the school district used in deciding to propose or refuse the action; Include a statement that you have rights under the procedural safeguards provisions in Part B of the Individuals with Disabilities Education Act (IDEA); Inform you on how to obtain a description of the procedural safeguards if the action that the school district is proposing or refusing is not an initial referral for evaluation; Include resources for one to contact help in understanding Part B of the IDEA; Describe any other choices that your child’s IEP Committee considered and why those choices were rejected; and Provide a description of other reasons as to why the school district proposed or refused the action. Notice in understandable language The notice must be: Written in language understandable to the general public; and Provided in your native language or other mode of communication one uses, unless it is clearly not feasible to do so. If one’s native language or other mode of communication is not a written language, one’s school district must ensure that: The notice is translated for you orally or by other means in your native language or other mode of communication; One understands the content of the notice; and There is written evidence that 1 and 2 above have been met. Native Language
§300.29 Native language, when used with an individual who has limited English proficiency, means the following: The language normally used by that person, or, in the case of a child, the language normally used by the child’s parents; in all direct contact with a child (including evaluation of the child), the language normally used by the child in the home or learning environment. For a person with deafness or blindness, or for a person with no written language, the mode of communication is what the person normally uses (such as sign language, Braille, or oral communication). Electronic Mail §300.505 If one’s school district offers parents the choice of receiving documents by email, one may choose to receive the following by email: Prior written notice; Procedural safeguards notice; and Notices related to a due process request. Parental Consent Definition §300.9 Consent Consent means: One has been fully informed in one’s native language or other mode of communication (such as sign language, Braille, or oral communication) of all information about the action for which one is giving consent; one understands and agrees in writing to that action, and the consent describes that action and lists the records (if any) that will be released and to whom; and One understands that the consent is voluntary on their part and consent may be withdrawn at any time. If one wishes to revoke (cancel) consent after their child has begun receiving special education and related services, one must do so in writing. Your withdrawal of consent does not negate (undo) an action that has occurred after you gave your consent but before you withdrew it. In addition, the school district is not required to amend (change) your child’s education records to remove any references that your child received special education and related services after your withdrawal of consent. Parental Consent §300.300 Your school district cannot conduct an initial evaluation of your child to determine whether your child is eligible under Part B of IDEA to receive special education and related services without first providing you with written prior notice of the proposed action and without obtaining your consent as described under the headings Prior Written Notice and Parental Consent. Your school district must make reasonable efforts to obtain your informed consent for an initial evaluation to decide whether your child is a child with a disability.
to defend the school district’s evaluation of your child. You are entitled to only one IEE of your child at public expense each time your school district conducts an evaluation of your child with which you disagree. Parent-initiated evaluations If you obtain an IEE of your child at public expense or you share with the school district an evaluation of your child that you obtained at private expense: Your school district must consider the results of the evaluation of your child, if it meets the school district’s criteria for IEEs, in any decision made with respect to the provision of FAPE to your child; and You or your school district may present the evaluation as evidence at a due process hearing regarding your child. Requests for evaluations by hearing officers If a hearing officer requests an IEE for your child as part of a due process hearing, the cost of the evaluation must be at public expense. School district criteria If an IEE is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the school district uses when it initiates an evaluation (to the extent those criteria are consistent with your right to an IEE). Except for the criteria described above, a school district may not impose conditions or timelines related to obtaining an IEE at public expense. Audio Recording of Individual Education Program Meeting MS Code Section 37-23-137 The parent or guardian, or the local educational agency (LEA), has the right to participate in the development of the IEP and to initiate their intent to audio record the proceedings of the individualized education program (IEP) meetings. The parent or guardian or local educational agency shall notify the members of the IEP team of their intent to record a meeting at least twenty-four (24) hours prior to the meeting. Confidentiality of Information Definitions §300.611 As used under the heading Confidentiality of Information: Destruction means physical destruction or removal of personal identifiers from information so that the information is no longer personally identifiable. Education records means the type of records covered under the definition of “education records” in 34 CFR Part 99 (the regulations implementing the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g [FERPA]). Participating agency means any school district, agency or institution that collects, maintains, or uses personally identifiable information, or from which information is obtained, under Part B of the IDEA.
Issue a written decision to the complainant that addresses each allegation in the formal State complaint and contains: (a) findings of fact and conclusions; and (b) the reasons for MDE’s final decision. Time extension, final decision, and implementation The MDE’s procedures described above also: Permit an extension of the sixty (60) calendar-day time limit only if: (a) exceptional circumstances exist with respect to a particular formal State complaint; or (b) the parent and the school district or other public agency involved voluntarily agree to extend the time to resolve the matter through mediation or alternative means of dispute resolution; Include procedures for effective implementation of the MDE’s final decision, if needed, including: (a) technical assistance activities; (b) negotiations; and (c) corrective actions to achieve compliance. Formal State complaints and due process hearings If a formal State complaint is received that is also the subject of a due process hearing as described below under the heading Filing a Due Process Complaint, or the formal State complaint contains multiple issues of which one or more are part of such a hearing, MDE will set aside any part of the formal State complaint that is being addressed in the due process hearing until the hearing is over. Any issue in the formal State complaint that is not a part of the due process hearing will be resolved using the time limit and procedures described above. If an issue raised in a formal State complaint has previously been decided in a due process hearing involving the same parties (for example, you and the school district), then the due process hearing decision is binding on that issue and the MDE will inform the complainant that the decision is binding. A formal State complaint alleging a school district’s or other public agency’s failure to implement a due process hearing decision will be resolved by the MDE. Filing a Formal State Complaint §300.153 An organization or individual may file a formal State complaint under the procedures described above. The formal State complaint must include: A statement that a school district or other public agency has violated a requirement of Part B of IDEA or its implementing regulations in 34 CFR Part 300; The facts on which the statement is based; The signature and contact information for the party filing the complaint; and If alleging violations regarding a specific child: The name of the child and address of the residence of the child; The name of the school the child is attending;
requests the due process hearing may not raise issues at the due process hearing that were not addressed in the due process complaint, unless the other party agrees. Timeline for requesting a hearing You or the school district must request an impartial hearing on a due process complaint within two (2) years of the date you or the school district knew or should have known about the issue addressed in the complaint. Exceptions to the timeline The above timeline does not apply to you if you could not file a due process complaint because: The school district specifically misrepresented that it had resolved the problem or issue that you are raising in your complaint; or The school district withheld information from you that it was required to provide to you under Part B of the IDEA. Hearing Rights §300.512 General You have the right to represent yourself at a due process hearing. In addition, any party to a due process hearing (including a hearing relating to disciplinary procedures) has the right to: Be accompanied and advised by counsel and by persons with special knowledge or training regarding the problems of children with disabilities; Be represented at the due process hearing by an attorney; Present evidence and confront, cross-examine, and require the attendance of witnesses; Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five (5) business days before the hearing; Obtain a written, or, at your option, electronic, word-for-word record of the hearing; and Obtain written, or, at your option, electronic findings of fact and decisions. Additional disclosure of information At least five (5) business days prior to a due process hearing, you and the school district must disclose to each other all evaluations completed by that date and recommendations based on those evaluations that you or the school district intend to use at the hearing. A hearing officer may prevent any party that fails to comply with this requirement from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party. Parental rights at hearings You must be given the right to: Have your child present at the hearing; Open the hearing to the public; and Have the record of the hearing, the findings of facts and decisions provided to you at no cost. Hearing Decisions §300.513 Decision of hearing officer
multiplier may be used in calculating the fees awarded. Attorney’s fees may not be awarded and related costs may not be reimbursed in any action or proceeding under Part B of IDEA for services performed after a written offer of settlement is made to you if: The offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure or, in the case of a due process hearing or review, at any time more than ten (10) calendar days before the proceeding begins; The offer is not accepted within ten (10) calendar days; and The court or administrative hearing officer finds that the relief finally obtained by you is not more favorable to you than the offer of settlement. Despite these restrictions, an award of attorney’s fees and related costs may be made to you if you prevail and you were substantially justified in rejecting the settlement offer. Fees may not be awarded relating to any meeting of the IEP Committee unless the meeting is held as a result of an administrative proceeding or court action. Fees also may not be awarded for mediation as described under the heading Mediation. A resolution meeting, as described under the heading Resolution Process, is not considered a meeting convened as a result of an administrative hearing or court action, and also is not considered an administrative hearing or court action for purposes of these attorney’s fees provisions. The court reduces, as appropriate, the amount of the attorney’s fees awarded under Part B of IDEA, if the court finds that: You, or your attorney, during the course of the action or proceeding, unreasonably delayed the final resolution of the dispute; The amount of the attorney’s fees otherwise authorized to be awarded unreasonably exceeds the hourly rate prevailing in the community for similar services by attorneys of reasonably similar skill, reputation, and experience; The time spent and legal services furnished were excessive considering the nature of the action or proceeding; or The attorney representing you did not provide to the school district the appropriate information in the due process request notice as described under the heading Due Process Complaint. However, the court may not reduce fees if the court finds that the State or school district unreasonably delayed the final resolution of the action or proceeding or there was a violation under the procedural safeguards provisions of Part B of IDEA. PROCEDURES WHEN DISCIPLINING CHILDREN WITH DISABILITIES
§300.536 A removal of a child with a disability from the child’s current educational placement is a change of placement if: The removal is for more than ten (10) school days in a row; or Your child has been subjected to a series of removals that constitute a pattern because: The series of removals total more than ten (10) school days in a school year; Your child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals; and Of such additional factors as the length of each removal, the total amount of time your child has been removed, and the proximity of the removals to one another. Whether a pattern of removals constitutes a change of placement is determined on a case-by-case basis by the school district and, if challenged, is subject to review through due process and judicial proceedings. Determination of Setting §300.531 The IEP committee determines the interim alternative educational setting for removals that are changes of placement, and removals under the headings Additional authority and Special circumstances. Appeal §300.532 General You may file a due process complaint (see the heading Due Process Complaint Procedures) to request a due process hearing if you disagree with: Any decision regarding placement made under these discipline procedures; or The manifestation determination described above. The school district may file a due process complaint (see above) to request a due process hearing if it believes that maintaining the current placement of your child is substantially likely to result in injury to your child or to others. Authority of hearing officer A hearing officer that meets the requirements described under the Impartial Hearing Officer must conduct the due process hearing and make a decision. The hearing officer may: Return your child with a disability to the placement from which your child was removed if the hearing officer determines that the removal was a violation of the requirements described under the heading Authority of School Personnel, or that your child’s behavior was a manifestation of your child’s disability; or Order a change of placement of your child with a disability to an appropriate interim alternative educational setting for not more than forty-five (45) school days if the hearing officer determines that maintaining the current placement of your child is substantially likely to result in injury to your child or to others. These hearing procedures may be
if: (a) The school prevented you from providing the notice; (b) You had not received notice of your responsibility to provide the notice described above; or (c) Compliance with the requirements above would likely result in physical harm to your child; and May, in the discretion of the court or a hearing officer, not be reduced or denied for the parents’ failure to provide the required notice if: (a) You are not literate or cannot write in English; or (b) Compliance with the above requirement would likely result in serious emotional harm to your child. Extended School Year (ESY) General §300.106 Extended school year (ESY) is the provision of special education and related services to students with disabilities in accordance with their individualized education program (IEP) beyond the normal school year of the local district and at no cost to the parents of the students. Each public agency must ensure that extended school year services are available as necessary to provide FAPE, consistent with paragraph (a)(2) below and in State Board of Education Policy 7212. ESY services must be provided only if a child’s IEP Committee determines, on an individual basis, in accordance with §§ 300.320 through 300.324, that the services are necessary for the provision of FAPE to the child. Students with disabilities who turn age twenty-one (21) during the school year and who are eligible for ESY services may be served in an ESY program as determined by the IEP Committee. In implementing the ESY requirements, a public agency may not limit ESY services to particular categories of disability or unilaterally limit the type, amount, or duration of those services. Definition The term ESY services means special education and related serves that are provided to a child with a disability beyond the normal school year (180 days) of the public agency in accordance with the child’s IEP, at no cost to the parents of the child and meet the standards of the State Board of Education.