Common use of Parent Participation Clause in Contracts

Parent Participation. The Board understands the importance of parent participation in their child’s education. Consequently, AHCS will make every effort to facilitate opens lines of communication with all parents/guardians/acting custodians. In accordance with Board policy and state and federal law, parents/guardians/acting custodians will receive written notice regarding identification, evaluation, and/or placement of their child for special education or other special programs. Parents/guardians will be involved in all placement decisions regarding their child and have the right to request due process hearings at any time. Upon request, the parent of the student will be allowed to examine all relevant records relating to the student’s education and the school’s identification, evaluation and/or placement decision. If parents disagree with the determination, a request for a due process hearing may be made. The process will proceed as follows: a. If the parent of a student who qualifies under IDEA, Section 504, or ADA for special instruction or related services disagree with a decision of AHCS with respect to: (1) the identification of the student as qualifying for IDEA, Section 504, or ADA; (2) AHCS’s evaluation of the student; and/or (3) the educational placement of the student, the parents of the student are entitled to certain procedural safeguards. The student will remain in his/her current placement until the matter has been resolved through the process set forth herein. b. The parent of the student may make a request in writing for an impartial due process hearing. The written request for an impartial due process hearing will identify with specificity the areas in which the parent are in disagreement with AHCS; c. Upon receipt of a written request for an impartial due process hearing, a copy of the written request will be forwarded to all interested parties within three (3) business days of receipt of the same; d. Within ten (10) days of receipt of a written request for an impartial due process hearing, AHCS will select and appoint an impartial hearing officer that has no professional or personal interest in the matter. In that regard, AHCS may select a hearing officer from the list of special education hearing examiners available at the Office of Public Instruction, the county superintendent or any other person that will conduct the hearing in an impartial and fair manner; e. Once AHCS has selected an impartial hearing officer, AHCS will provide the parent and all other interested parties with notice of the person selected; f. Within five (5) days of AHCS’s selection of a hearing officer, a pre-hearing conference will be scheduled to set a date and time for a hearing, identify the issues to be heard and stipulate to undisputed facts to narrow the contested factual issues; g. The hearing officer will in writing notify all parties of the date, time and location of the due process hearing; h. At any time prior to the hearing, the parties may mutually agree to submit the matter to mediation. A mediator may be selected from the Office of Public Instruction’s list of trained mediators; i. At the hearing, AHCS and the parent may be represented by counsel; j. The hearing will be conducted in an informal but orderly manner. Either party may request that the hearing be recorded. Should either party request that the hearing be recorded, it will be recorded using either appropriate equipment or a court-reporter. AHCS will be allowed to present its case first. Thereafter the parent will be allowed to present its case. Witnesses may be called to testify and documentary evidence may be admitted, however, witnesses will not be subject to cross-examination and the Idaho Rules of Evidence will not apply. The hearing officer will make all decisions relating to the relevancy of all evidence intended to be presented by the parties. Once all evidence has been received the hearing officer will close the hearing. The hearing officer may request that both parties submit proposed findings of fact, conclusions and decision; k. Within twenty (20) days of the hearing, the hearing examiner should issue a written report of his/her decision to the parties; l. Appeals may be taken as provided by law. The parent may contact the Office of Civil Rights, 0000 Xxxxx Xxxx., Suite 310, Denver, Colorado 80204-3582, (000) 000-0000 or 5696.