Author: Amanda

Safeguards

Bibliography

Amanda Cole

Safeguards:
For a school to evaluate a student for special education they must have parent/guardian consent. After receiving consent a multidisciplinary evaluation team (MET) will evaluate the student for his/her suspected special education eligibility.
After the MET has finished their assessments and given their recommendation an individualized education program (IEP) meeting is scheduled. The school must have the IEP meeting within 30 school days of receiving parental/guardian consent.
During the IEP the administrator, teachers, MET evaluators, parent/guardian, and others (the IEP team) will decide if the student is eligible for special education. If the student is eligible then the team must write an individualized education program (IEP) for that student. This will include the placement of the student in programs and services on the continuum of services (a general education classroom, a general education classroom with a pull in teacher, a pull out classroom etc..).
After the IEP meeting, the school will inform the parent/guardian within 7 days that they are going to implement the IEP. The parent/guardian has 10 days to give consent to implement services after the first IEP. After receiving this information the parent/guardian has a right to appeal the decision. If the parent does not appeal the decision, the school has 15 days to implement the IEP.

U.S. Department of Education. (2011, February 28). FERPA for Parents. FERPA for Parents. Retrieved September 30, 2012, from http://www2.ed.gov/policy/gen/guid/fpco/ferpa/parents.html
Lombardi, T. P., & Ludlow, B. L. (2004). A short guide to special education due process. Bloomington, IN: Phi Delta Kappa Educational Foundation.
Finn, J. (2012). Understanding FERPA Ottawa Area ISD Special Education Services [Pamphlet]. Holland, MI: Hope College.
Office of Special Education of the Department of Education. (2012, March). Michigan Administrative Rules for Special Education (MARSE) Supplemented With Selected IDEA Federal Regulations. Michigan Department of Education. Retrieved September, 2012, from http://www.michigan.gov/documents/mde/MARSE_Supplemented_with_IDEA_Regs_379598_7.pdf
U.S. Department of Education. (2011, April). Family Educational Rights and Privacy Act (FERPA). Family Educational Rights and Privacy Act (FERPA). Retrieved September 30, 2012, from http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
Michigan Department of Education. (2012, December). MDE - Compliance, Monitoring & Due Process. MDE - Compliance, Monitoring & Due Process. Retrieved September, 2012, from http://www.michigan.gov/mde/0,4615,7-140-6530_6598_7363---,00.html

Procedural Safeguards and FERPA

A Guide to Your Rights

Due Process and Safe Guards

Due Process:
Due process is a constitutional fourteenth amendment right. It states that an individuals fundamental rights cannot be taken away without due process of law. There are two types of due process, procedural and substantive.
Procedural due process is about following the “letter or the law”. It covers regulations having to do with eligibility, programs and services, placement, and progress evaluation.
Substantive due process involves making sure parents are included in their child’s education. It covers informing parents of their rights.
Due process complaints should be written with the department of education office of special education. These complaints must be in writing, and signed by the complainant. After receiving a complaint, a due process hearing may be initiated because of matters relating to identification, evaluation, education placement, free appropriate education, services, financial obligations of services to the parents, dangerous placement or setting for student or others, and determining that behavior is not a result of a disability.

FERPA:
FERPA is the Family Educational Rights and Privacy Act. It is a law that sets the privacy standards of personal information in education records. The purpose of FERPA is to allow parents and students to access his/her educational records and to prevent sharing of these records with others without written consent (unless there is a safety need).
An educational record is a record that is directly related to the student and is maintained by an educational agency or a party acting on behalf of the agency. Educational records are school property and maintained by the school. Educational records do not include records kept in the sole possession of the maker (lesson plans and daily records), district police force records when maintained separately (police reports), employee records, and records about a students after he/she is no longer a student at that school.
When it comes to sharing education records there is no difference between sharing a copy of the record and orally sharing the information. For both forms of sharing there must be written parent/guardian consent. The exception to this is if a student is a danger to his/herself or to others then a district can share information with the appropriate people. Also unless a parent/guardian prohibits the release of “directory information” it may be shared without permission. This is information like the student name, address, phone number, email, photograph, date and place of birth, participation in sports, and awards.
Both biological parents have rights to their student’s records unless the school receives a legal document stating otherwise. When a student turns 18 his/her FERPA rights transfer from the parent to the student. If the student is marked as a dependent on taxes then his/her parents still have access to his/her records after the student turns 18.
When a parent/guardian requests educational records, the school must comply with this request within a reasonable amount of time (before the IEP meeting or within 45 days). A parent/guardian can also request to have a copy of these his/her student’s educational records but schools may charge for the cost of the copies.
Parents/guardians have the right to request that their student’s educational record be amended. The school does not have to amend these records but they have to consider the request. If the school does not amend the records the parent/guardian has a right to a hearing on the matter. The parent/ guardian also has the right to insert a statement into the record stating their views.
Medical records of the students are governed by HIPPA while educational records are governed by FERPA. If a parent or guardian chooses to share medical records they become educational records and HIPPA no longer applies.
If a parent/guardian believes that their student’s information has been distributed wrongly they can fill out a FERPA complaint form. Complaints must be submitted within 180 days of the alleged violation.

School Name

Hope College
141 East 12th St
Holland, MI 49423

Phone: 616-395-7000
E-mail: someone@hope.edu