Robyn Darbyshire

EDUC 529
Procedural Safeguards
Summary of Parent Rights
( Information adapted from KSDE website)
Opportunity to Examine Records:
You have the right to look at all education records for your child which include the identification
and evaluation process, the placement of your child, and FAPE.

Independent Educational Evaluation

You have the right to get an independent educational evaluation of your student at public
expense if you disagree with the schools evaluation.

Prior Notice by the School

Your school will inform you of actions that have to do with your student by giving you written
notice before the school begins or stops to initiate or change the identification, evaluation,
educational placement, or FAPE.

Parent Consent
The school is required to obtain your informed written consent for the following actions: an
initial evaluation, a reevaluation, to begin the initial provision of services on the IEP, to make a
substantial change in placement or material change in service(more than 25 percent of the
childs school day), to add a new service, or to delete a service completely (100 percent of any
one service).

Voluntary Mediation
Mediation is a way to discuss and resolve disagreements between you and the school with the
help of a trained, impartial third person.

Impartial Due Process Hearing

Parents may request a due process hearing regarding any matter related to the identification,
evaluation or placement of their child or the provision of special education and related services
to their child.

Change of Placement for Disciplinary Removals

State and federal laws have special provisions that control what happens if your child violates a
school rule or does something that caused, or could easily have caused, an injury to themselves
or someone else.

Placement of Children by Parents in Private Schools When FAPE is at Issue

By state law, the school is not required to pay for the cost of education, including special
education and related services for your child at a private school.

State Complaint Procedures

Parents may file a formal complaint with the Kansas Department of Education.

Confidentiality and Access to Educational Records

Schools must maintain the confidentiality of information in your child's educational records. The
school can assume that both parents of a child have authority to inspect/review the child's records
unless the school has been notified in writing that a parent's rights to see the records have been
terminated by a court order.

Reimbursement for Services

If a public agency other than an educational agency fails to provide or pay for the special
education and related services in your child's IEP, the school district shall provide or pay for
these services to your child in a timely manner. The school district or state agency may then
claim reimbursement for the services from the non-educational public agency that failed to
provide or pay for these services and that agency shall reimburse the school district.

Parent Rights for Gifted

Kansas also mandates that students meeting the eligibility requirements of giftedness are to
receive special education services.

Student Rights at Age 18

At age 18 students become their own educational decision makers unless a court decides they are
not able to make these decisions.

Confidentiality
All school personnel are governed by confidentiality requirements and should receive training
and information regarding the law. Written and dated parental consent must be obtained before
personally identifiable information is disclosed to unauthorized individuals, organizations or
agencies unless authorized to do so under FERPA.
FERPA allows parents to inspect and review all education records of their student maintained by
an educational agency that receives federal funds. This includes all public schools and most
private schools.

Medication for Students

Parents shall not be required by school personnel to obtain a prescription for medication for a
child as a condition of attending school, receiving an evaluation to determine if a child is eligible
for special education services, or receiving special education and related services.