This document in no way is intended to replace Maines Procedural Safeguards Statement and does not cover, in detail, all

rights included in the official document. As the parent of a child receiving special education services, you should read Maines Procedural Safeguards and use this document to help explain them. If your child is under the age of , !hild "evelopment Services is the childs school.

!#MPA$I#$ "#!%M&$T T# MAI$&S P'#!&"%'A( SA)&*%A'"S

A. PA'&$TA( PA'TI!IPATI#$ As a parent, you have the right to know about and go to Individual Education Program (IEP !eam meetings about your child"s special education. !hese meetings may discuss your child"s need #or special education, evaluations that may be done, services that may be provided and the setting where your child might get his$her services. I# you can"t attend a meeting in person, you have the right to attend by phone or video con#erencing. %. +'ITT&$ $#TI!& T# PA'&$TS &ou must be given a written notice at least ' days %E()*E any changes in your child"s program. I# the school decides +)! to make a change, you will also get a written notice. &ou will receive a written notice #or these types o# things, - .hether your child is eligible #or special education - Evaluations - /hanges to services or the setting in which your child receives those services !he school may need you to sign a #orm allowing them to do one o# the things listed above. !his #orm may come to you at the same time as the written notice. !he written notice will, - E0plain the change and why the school wants to make the change or will not make the change. - 1ist other things that the school thought about and why they decided not to do them. - 2escribe the things it used to make the decision, evaluations, tests, review o# your child"s records, or teacher reports. - E0plain other things that the school thought about to make its decision. - 1ist people you can contact to help you understand your rights. /. PA'&$T !#$S&$T %e#ore the school can do an evaluation to see i# your child needs special education, you will need to sign a #orm #or this. I# more evaluations or reevaluations are needed, you will need to sign a new #orm allowing the school to conduct them. !he school also cannot begin to provide special education services to your child unless you sign a #orm. .hen you sign any o# these #orms, you are signing that you understand what the district plans on doing and that you agree. I# you don"t sign the #orm to let the school evaluate your child, the school can ask #or a hearing or mediation to see i# they can evaluate your child without your permission. I# you don"t sign the #orm to let the school provide special education services to your child, the school cannot provide those services. I#, a#ter your child begins to receive special

This document in no way is intended to replace Maines Procedural Safeguards Statement and does not cover, in detail, all rights included in the official document. As the parent of a child receiving special education services, you should read Maines Procedural Safeguards and use this document to help explain them. If your child is under the age of , !hild "evelopment Services is the childs school.

education services, you decide to take back your consent #or those services, the school must stop providing them to your child. Either parent can sign the #orms. !he school will do evaluations or begin services #or your child once one parent has signed the #orms as long as that parent has parental rights, even i# the other parent does not want to sign them. 2. I$"&P&$"&$T &"%!ATI#$A( &,A(%ATI#$ I# you don"t agree with a school evaluation, you can ask the school to pay #or another evaluation done by a person who does not work #or the school. I# the school doesn"t want to pay, it must ask #or a hearing to show that their evaluation is done correctly. I# the hearing says that the school evaluation is done correctly, you can still ask #or someone else to do the evaluation, but you will have to pay #or it. I# the hearing shows that the school evaluation is not done correctly, the school will pay #or the new evaluation by someone else. !his new evaluation will need to meet the same standards as the one done by the school. I# an independent evaluation is done, the school will have to talk about that evaluation and how that might change special education #or your child. E. A!!&SS T# '&!#'"S &ou have the right to look at the school"s records about your child"s special education. !he school has to allow you to look at these records within 45 days o# your re6uest, or sooner i# there is a meeting scheduled or i# you have a hearing scheduled about your child"s special education. I# another child is mentioned in records about your child, you won"t be able to see those parts o# the records. &ou have the #ollowing rights, - !he right to ask the school to e0plain the records. - !he right to have someone who is working with you look at the records. - !he right to ask #or copies o# records i# that is the only way that you are able to look at them. - !he right to prevent the school #rom releasing your child"s records without your consent, unless the state or #ederal law allows #or the release o# that in#ormation. &ou won"t have to pay to look at your child"s records, but you may have to pay to have copies o# records. I# you ask, the school will tell you what kinds o# records are kept on your child and where all the records are kept and used. !he school keeps a list o# people who look at a child"s records, e0cept #or parents and teachers. !he school will keep a list o# the person"s name, the date they looked at the records and why they needed to look at them. (. AM&$"M&$T #) '&!#'"S AT PA'&$TS '&-%&ST I# you think any o# the in#ormation in your child"s record is wrong, you can ask that the school change it. I# the school doesn"t want to change the in#ormation, they must tell you that they re#use and then you can ask #or a hearing. 7

This document in no way is intended to replace Maines Procedural Safeguards Statement and does not cover, in detail, all rights included in the official document. As the parent of a child receiving special education services, you should read Maines Procedural Safeguards and use this document to help explain them. If your child is under the age of , !hild "evelopment Services is the childs school.

I# the school changes the record because o# the hearing, they have to send you a letter telling you it was changed. I# the school doesn"t have to change your child"s because o# the hearing, they have to send you a letter telling you that you can put something in writing in your child"s record e0plaining why you don"t agree with the in#ormation. &our written statement will stay with your child"s record. 8. !#MP(AI$T I$,&STI*ATI#$ I# you think the school is not #ollowing the special education rules, you can write down your complaints and send it to the 2epartment o# Education"s 2ue Process )##ice. &ou must write the names and addresses o# the child and the school, your contact in#ormation, and how you think the school should #i0 the problem. &ou must also sign the complaint and give a copy o# it to the superintendent. &ou may use a #orm #or your complaint that is available #rom the 2ue Process )##ice (79':;74:;;44 . !he 2epartment will have up to ;9 days to investigate (unless the 2epartment has given you or the school more time and decide i# the school is #ollowing the special education law or rules. I# the school is not #ollowing the law or rules, the 2epartment will tell the school what to do to take care o# your complaint. <. M&"IATI#$ I# you and the school do not agree about whether your child should receive special education services, the services he$she should have, the setting in which your child receives his$her services, or about evaluations, either you or the school can ask #or mediation. %oth you and the school must agree to the mediation. &ou can ask #or mediation even i# you are also asking #or a hearing or #iling a complaint. !he mediator must be impartial (does not #avor either side and is #ree to both you and the school. !he mediation must be held promptly and at a time and a place that is convenient to both you and the school. !he mediator is trained in helping people resolve disputes. I# you and the school reach agreement during the mediation, the school must do what the agreement says. I# the school does not do what you agreed on during the mediation, you can #ile a complaint about that. .hat people say at the mediation remains con#idential. I. "%& P'#!&SS .&A'I$* Either you or the school can ask #or a hearing about whether your child should receive special education services, the services he$she should have, the setting in which your child receives his$her services, or about evaluations. &ou must ask #or a hearing in writing, and you may choose to use a #orm that is available #rom the 2ue Process )##ice (79':;74:;;44 . &ou must write your child"s name, his$her address, and where your child goes to school. &ou have to write down the problem and any other in#ormation about the problem. &ou should also write down what you would like to have happen #or your child. &ou must give a copy o# the #orm or letter to the superintendent.

This document in no way is intended to replace Maines Procedural Safeguards Statement and does not cover, in detail, all rights included in the official document. As the parent of a child receiving special education services, you should read Maines Procedural Safeguards and use this document to help explain them. If your child is under the age of , !hild "evelopment Services is the childs school.

An impartial hearing o##icer will listen to both you and the school. !here may be people who can help you understand the hearing process, and you can ask the 2ue Process )##ice to give you a list o# those people. At least #ive working days be#ore the hearing, you and the school will need to share evidence that you want to talk about at the hearing. A decision about the complaint will be made within 45 days, unless the hearing o##icer has given you or the school more time. !he hearing o##icer"s decision is #inal unless you or the school decides that you want to bring a civil action in court. (>ee below. &ou and the school have the right to, - %ring a lawyer and$or people who have special skills or training on children with disabilities. - %ring evidence and 6uestion witnesses. &ou can re6uire witnesses to attend by serving them with a subpoena (available #rom the 2ue Process )##ice . - +ot allow evidence that wasn"t shared at least #ive working days be#ore the hearing. - 8et a recording or e0act written report o# the hearing. - 8et a written report o# what the hearing o##icer decided. As the parent, you have more rights, - &ou can bring your child to the hearing. - &ou can say that the public can attend. - &ou don"t have to pay #or the report o# decisions and record o# the hearings. - !he hearing has to be held during regular business hours at a time and place that works #or you and your child. ?. !I,I( A!TI#$ Either you or the school can bring a civil action i# they are unhappy with the result o# the due process hearing. !he court will review the record o# the hearing, may review additional in#ormation and make a decision. &ou must go through the hearing process be#ore #iling a civil action. @. A+A'" #) ATT#'$&/S )&&S !he school may have to pay your attorney"s #ees i# ordered to do so by the court. A settlement agreement may include the school paying your attorney"s #ees. &ou or your attorney may have to pay the school"s attorney"s #ees, but only in the rare case when the court #inds that you brought your case #or an improper reason, such as to harass the school or cause delay without a good reason. 1. !.I("S STAT%S "%'I$* "%& P'#!&SS P'#!&&"I$*S Anless you and the school agree to something else, your child must stay in his$her current educational program until your complaint, mediation or hearing is #inished. B. P'I,AT& S!.##( P(A!&M&$T 0/ PA'&$TS In some cases, a school district might have to pay you #or sending your child to a private school. &ou would need to show at a due process hearing that your child"s local school

This document in no way is intended to replace Maines Procedural Safeguards Statement and does not cover, in detail, all rights included in the official document. As the parent of a child receiving special education services, you should read Maines Procedural Safeguards and use this document to help explain them. If your child is under the age of , !hild "evelopment Services is the childs school.

did not provide a #ree appropriate public education and that the private school you chose is right #or your child. &ou must also either tell the school at an IEP !eam meeting that you don"t like the plan #or your child and are going to send your child to a private school #or which the public school should pay, or else write those things in a letter at least 39 days be#ore you remove your child #rom the public school. I# evaluations were already planned #or your child, you will need to let the school do those evaluations. +. "IS!IP(I$A'/ P'#!&"%'&S Even though your child is in special education, he$she must #ollow the same rules as all other students and may be suspended i# he$she breaks those rules. I# your child is suspended #or more than 39 days, either in a row or over the whole school year, the school must provide some services outside o# your child"s regular school program to help your child continue to work on IEP goals. I# your child is suspended #or a total o# more than 39 days, there will be a meeting to determine i# your child"s behavior that led to the suspensions is related to your child"s disability. I# your child"s behavior is because o# his$her disability, the IEP team must do a study o# your child"s behavior and write a behavior plan, and must return the child to his$her program (unless the suspension involved weapons, drugs or serious inCury . I# the child"s behavior is not because o# his$her disability, then the school may treat your child the same way they treat other children, and must consider whether to do a study o# your child"s behavior or write a behavior plan. I# the school decides that your child"s behavior is not because o# his$her disability and you disagree, you can ask #or an e0pedited due process hearing. !he hearing will take place sooner than usual, within 79 days plus 39 days #or the hearing o##icer to write a decision. I# your child was placed in a di##erent setting because o# his$her behavior, he$she must remain in that di##erent setting while the due process hearing takes place unless you and the school come to a di##erent agreement.

). T'A$S)&' #) 'I*.TS )nce your child is 3D, he$she will have the rights outlined in Baine"s Procedural >a#eguards unless a court gives him$her a legal guardian. &our child will be told o# these rights about a year be#ore he$she turns 3D. %oth you and your adult child will be invited to meetings and get the written notices about changes.