Notice of Procedural Safeguards for Parents of Students with Disabilities

Parents of exceptional students are entitled to information about their rights.

These rights, or procedural safeguards, are intended to ensure that parents

have the opportunity to be partners in the educational decisions that are made

regarding their children.

Safeguards must be provided to the parents: •Upon initial referral or parent request for evaluation•In accordance with the discipline procedures when a change in placement occurs•Upon receipt of the first State complaint in a school year•Upon receipt of the first request for a due process hearing in a school year•Upon request by parent•At least once a year•Upon recommendation that an extraordinary exemption for a given stateassessment begranted or denied

Provide parent(s) with Procedural Safeguards when they signconsent for initial evaluation:•Consent is usually obtained when the SST refers the student for initial evaluation•FM 4961, Notice of Intent and Parental/Guardian Consent To Conduct AnEvaluation, now includes an indicator for the parent to acknowledge receipt ofprocedural safeguards

• Notice of Intent and Parental/Guardian Consent to Conduct a Screening, FM 6279,

is used for consent to conduct screenings

• The new title deletes the word “Assessment” to prevent confusion

• Data from the screenings will assist in the development of intervention or

educational plans and may also be used in the referral process

• School site will provide clarification to the parent about the difference between the

Screening form and Notice of Intent and Parental/Guardian Consent to Conduct an

Evaluation, FM 4961

• As a part of the process preceding evaluation, students must be screened to rule out thepossibility that a student’s learning difficulties may be caused by problems with vision,hearing and other factors.

• Consent for Screening, FM 6279 allows district staff to collect and review data.

• Consent for Evaluation, FM 4279 allows district staff to administer diagnostic protocols toascertain academic and behavioral difficulties.

• The consent for screening form (FM 6279) differs from consent for evaluation (FM 4279).

IF A STUDENT FAILS THE HEARING AND/OR VISION SCREENING AND THE PARENTSREQUEST AN EVALUATION, THE EVALUATION CANNOT BE DELAYED AND THEPARENT SHOULD BE ASKED TO SIGN THE CONSENT FOR EVALUATION WITHIN 30DAYS OF THE REQUEST

• Schools are required to work with their school psychologist or SPED InstructionalSupervisor to resolve these issues

District must seek parental consent to conduct an evaluation if the district suspects a student is a

student with a disability and needs special education and related services. Consent must be obtained

within 30 days if:

• SST determines that the student’s response to intervention data reveals that sustained, intensive

interventions are required to support learning and that the level of intervention needed exceeds

what is available through general education

OR

• If the student isn’t demonstrating progress even with sustained, intensive interventions

OR

• If the student is 3-6 years old and a developmental screening conducted through the district or

F-DLRS shows that the child is suspected of having a disability

OR

• If a parent requests an evaluation of the child and there is a written evidence that the child may be

a student with a disability

If there is no evidence that the student may have a disability, the school must provide to the parent

written notice of the refusal to conduct an evaluation

Parent may request an evaluation either verbally or in writing and submit written

documentation or evidence that the student may be a student with a disability:

• If the parent makes a verbal request, the staff member must relay the request

and the date of request to the SST Coordinator by email within 24 hours of the

parent’s request

• If the parent makes a written request, the request must be submitted to the SST

Coordinator within 24 hours along with the date that the request was received.

• The School Support Team’s (SST) coordinator is the Assistant Principal or their

designee. All staff members must be informed as to who the designee is.

• The SST Coordinator must acknowledge receipt of the parental request for

evaluation by submitting the Receipt of Private Evaluation, FM 7087. The form

must include the date the parent’s request was received, and it must specify what

supporting documentation, if any, was submitted by the parent. A copy of the form

must be provided to the parent.

• The form must also indicate the date by which a SST meeting will be scheduled or

a written refusal will be provided.

• The date of the SST meeting or the date that the written refusal is transmitted to

the parent must be 30 calendar days from the date of the parent’s original request

for evaluation. The 30 calendar days is calculated to include weekends, holidays,

breaks and summer.

Appropriate documentation to support evidence of a disability can include:

• Physician’s Statement, FM 1920

• Private evaluation(s) (Psychological, Speech/Language, etc.)

• Request for Assistance, FM 7073

All data will be previewed by the SST Coordinator and the appropriate

instructional staff member(s) to determine course of action

• SST OR

• 504 OR

• Written Refusal-If there is no documentation/evidence that the student

may be a student with a disability and in need of special education and

related services OR

• evaluation

Dr. Sue L. Buslinger-Clifford Ed.D, L.S.P., C.S.P.Instructional SupervisorPsychological Services504 Compliance OfficerExceptional Student Educationsclifford@dadeschools.net

Mrs. Fifi DerbyInstructional Supervisor ESE ComplianceExceptional Student Educationjderby@dadeschools.net