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From YouTube: 8) The Grievance Process and Your Procedural Safeguards
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A
Under
the
individuals
with
Disabilities
Education,
Act
of
2004
and
Maryland's,
education,
statutes
and
regulations,
children
with
disabilities
and
their
parents
are
guaranteed
procedural
safeguards
with
respect
to
a
free,
appropriate
public
education
provided
by
Anne
Arundel
County
Public
Schools
in
Maryland.
These
safeguards
are
described
in
the
booklet,
titled
procedural
safeguards,
parental
rights
who.
A
Parent
is
defined
under
I
DEA
regulations
as
the
biological
or
adoptive
parents
of
the
child,
a
foster
parent,
unless
prohibited
by
state
regulations,
a
guardian
authorized
to
act
as
the
child's
parent
or
to
make
educational
decisions
for
the
child.
Please
note:
a
guardian
can
never
be
a
state
official,
such
as
a
Department
of
Social
Services
case
manager,
an
individual
acting
in
the
place
of
a
biological
or
adoptive
parent,
including
a
grandparent
or
other
relative
with
who
the
child
lives
or
an
individual
who
is
legally
responsible
for
the
child's
welfare.
A
A
Parental
consent
is
required
in
order
for
the
school
system
to
conduct
assessments
and
to
initiate
special
education
services.
Parental
consent
is
not
required
to
implement
ieps
developed
after
the
initial
IEP
parents
have
the
right
to
withdraw
consent
for
special
education
services.
However,
parents
should
consider
very
carefully
whether
or
not
this
is
in
the
best
interest
of
their
child.
A
A
Cps
must
provide
the
parent
with
a
written
notice
before
they
begin
and
or
change
any
special
education
service
provided
for
their
child
in
Maryland,
the
IEP
document
itself
can
be
considered
prior
written
notice
if
parents
make
a
request
regarding
their
child
services
that
the
school-based
members
of
the
IEP
team
disagree
with
the
parent
must
be
provided
with
written
notice.
That
includes
the
basis
for
the
disagreement
evaluative
information
on
which
the
decision
is
based
and
other
options
that
have
been
considered
and
rejected
prior
to
the
beginning
of
or
change
in
the
service.
What.
A
A
parent
disagrees
with
an
assessment
conducted
by
the
school
system.
The
parent
may
request
an
independent
educational
evaluation
or
iee
in
writing
or
at
an
IEP
team
meeting.
The
school
system
could
either
agree
to
fund
an
independent
evaluation
at
no
cost
to
the
parent
or
initiate
a
due
process
hearing
to
determine
if
their
original
assessment
was
appropriate.
If
the
due
process
judge
decides
that
the
evaluation
was
appropriate,
parents
still
have
the
right
to
an
IEE,
but
not
at
public
expense.
A
Parents
always
have
the
right
to
have
their
child
evaluated
by
a
qualified
professional
of
their
choice
at
their
own
expense,
and
the
IEP
team
must
consider
the
information
from
that
evaluation
when
making
any
decisions
with
respect
to
the
education
to
the
child.
Keep
in
mind
that
a
a
CPS
has
specific
criteria
that
must
be
met
when
we
agree
to
find
an
IEE
for
more
information
contact,
the
school
systems,
compliance
and
legal
issues,
office.
A
With
a
disability
who
violates
the
code
of
conduct
may
be
removed
from
school
for
not
more
than
10
school
days
in
each
school
year,
in
accordance
with
the
discipline
policy
used
for
all
children.
Specific
procedural
safeguards
applicable
only
to
students
receiving
special
education
services
must
be
in
place
after
ten
days
of
disciplinary
removal.
A
Once
a
child
receiving
special
education
services
is
removed
from
school
for
more
than
10
cumulative
days
or
recommended
for
a
long-term
suspension,
a
meeting
is
held
to
determine
if
the
behavior
was
a
manifestation
of
the
child's
disability.
At
this
meeting,
the
team
will
consider
two
questions
was
there
are
direct
and
substantial
connection
between
the
incident
and
your
child's
disability?
A
Was
there
a
direct
and
substantial
connection
between
the
incident
and
the
lack
of
implementation
if
any
of
your
child's
IEP?
If
the
answer
to
either
of
these
questions
is
yes,
your
child
will
return
to
school
and
the
Disciplinary
removal
will
be
over.
If
the
answer
to
both
of
the
questions
is
no,
your
child's
disciplinary
removal
may
continue,
and
the
IEP
team
will
determine
appropriate
services
if
a
student
with
a
disability
is
recommended
for
a
long
term
suspension
or
has
more
than
10
cumulative
days
of
suspension
in
one
school
year.
A
A
Child
has
the
same
rights
as
a
child
receiving
special
education
services
if,
before
the
behavior
resulting
in
the
disciplinary
action
occurred,
the
parents
expressed
concern
in
writing
that
their
child
needs
special
education
and
related
services
to
supervisory
or
administrative
personnel,
or
to
one
of
the
child's
teachers.
The
parents
requested
an
evaluation
or
the
child's
teacher
or
other
school
personnel
have
expressed
specific
concern
about
a
pattern
of
behavior
demonstrated
by
the
child
directly
to
the
Director
of
Special,
Education
or
other
supervisory
personnel.
A
A
Parent
always
has
the
right
to
do
what
they
think
is
best
for
their
child.
However,
if
parents
choose
to
place
their
child
in
a
non-public
school
without
the
agreement
of
the
public
school
system,
they
do
so
at
their
own
risk
and
expense.
If
the
IEP
team
did
not
agree
on
the
placement,
parents
have
the
right
to
access
their
procedural
safeguards
in
order
to
resolve
the
dispute.
A
Facilitated
IEP
meeting
is
conducted
by
a
highly
trained
volunteer
from
the
Anne
Arundel
conflict
resolution
center.
The
facilitator
will
keep
the
discussion
focused
on
the
desired
outcome
and
will
remain
neutral
throughout
the
process.
The
goal
of
the
facilitated
IEP
meeting
is
to
help
team
members
communicate
effectively
and
work
towards
developing
an
educational
program
to
meet
your
child's
needs.
A
Maryland
parental
rights
do
not
transfer
to
children
with
disabilities
on
reaching
the
age
of
majority.
They
may,
however,
transfer
under
limited
circumstances
if
there
is
documentation
that
the
parents
are
unavailable
or
unknown,
and
the
student
requests
that
the
rights
be
transferred
directly
to
them.
The
parents
have
not
participated
in
the
special
education
decision-making
process.
After
repeated
attempts,
the
parents
have
rejected
participation.
A
The
parents
cannot
participate
due
to
hospitalization
institutionalization,
serious
illness
or
infirmity,
and
the
parents
have
consented
to
the
transfer
of
Rights.
The
parents
cannot
participate
due
to
extraordinary
circumstances
and
have
consented
to
the
transfer
of
Rights.
The
child
is
living
outside
of
the
parents
home
and
is
not
in
the
care
or
custody
of
another
agency.
If
the
parent,
with
whom
the
child
resides,
does
not
consent
to
the
transfer
of
Rights,
either
party
may
file
a
due
process
complaint
to
determine
whether
rights
should
be
transferred.
A
A
parent
has
three
methods
are
resolving
a
dispute
mediation,
a
due
process,
hearing
a
state
complaint
mediation
is
a
non-adversarial
process
where
the
parents
and
school
system
attempt
to
reach
consensus
on
what
will
resolve
the
dispute.
Both
parties
are
expected
to
make
some
concessions
in
order
to
reach
an
agreement.
The
Office
of
Administrative
Hearings,
an
independent
state
agency,
provides
a
mediator
to
facilitate
the
process.
Mediation
agreements
are
binding
and
enforceable
in
court.
If
either
party
violates
the
agreement.
A
due
process
hearing
is
a
more
formal
procedure.
A
There
is
evidence
testimony
and
the
rendering
of
a
decision
from
an
administrative
law
judge
a
a
CPS
will
have
an
attorney
present
at
a
due
process.
Hearing
when
a
parent
request
a
due
process
hearing
a
resolution
session
will
be
held
within
15
days
during
the
resolution
session,
the
parties
can
gain
a
better
understanding
of
the
concerns
and
attempt
to
resolve
the
complaint.
There
is
no
judge
at
a
resolution
session
and
a
a
CPS
will
not
have
an
attorney
present
unless
the
parents
are
accompanied
by
an
attorney
if
the
parties
failed
to
reach
an
agreement.
A
30
days
from
the
date
of
the
hearing
request.
The
due
process
timeline
begins.
The
administrative
law
judge
will
make
a
decision
within
45
days.
The
time
limit
for
filing
for
due
process
is
two
years
from
when
the
party
knew
or
should
have
known
of
the
problem,
with
limited
exceptions,
parents
who
feel
that
the
school
system
violated
the
procedural
requirements
of
the
IDE
a
may
file
a
complaint
with
the
Maryland
State
Department
of
Education
or
msde.
The
MS
de
will
conduct
an
investigation
and
determine
compliance
with
state
and
federal
regulations.
A
If
the
school
system
is
found
to
be
in
violation,
they
will
be
required
to
complete
student,
specific
Corrections,
school-wide,
Corrections
or
system-wide
Corrections,
depending
on
the
level
of
the
violation.
Msde
must
resolve
the
issue
within
60
days
from
receipt
of
the
complaint
unless
an
extension
is
permitted.
The
time
limit
for
filing
a
state
complaint
is
one
year
from
the
date
of
the
alleged
violation.
A
If
a
parent
alleges
that
their
child
has
been
discriminated
against,
based
on
their
disability
as
a
result
of
school
practice
or
policy,
the
parents
or
the
school
system
may
elect
to
engage
in
voluntary
resolution,
for
which
there
is
no
investigation
or
finding
of
a
violation.
Either
party
may
suggest
a
course
of
action
that
will
resolve
the
dispute
voluntarily.
A
The
office
of
civil
rights
or
OCR
may
conduct
an
investigation.
There
may
be
a
finding
that
there
was
no
discriminatory
policy
or
practice,
or
the
school
system
may
be
ordered
to
make
corrections.
The
office
of
civil
rights
also
offers
early
complaint
resolution,
a
mediation
that
resolves
the
case
to
both
party
satisfaction.
As
with
the
voluntary
resolution,
there
is
no
investigation
or
finding
of
a
violation.
A
This
overview
provides
a
snapshot
of
the
information
in
the
procedural
safeguards,
parental
rights
booklet
for
more
specific
details
about
your
rights
as
a
parent
see
the
procedural
safeguards
parental
rights
handbook
available
online
or
from
your
school
or
contact
the
school
systems.
Legal
compliance
office
for
more
information
refer
to
the
Anne
Arundel
County,
Public,
Schools,
special
education,
a
handbook
and
the
Maryland
procedural
handbook.
Parents,
rights
handbook.