K-12 Education Discrimination Checklist
North Dakota
Consumer Name: ____________________________
Date: ______________________________________
Notice of Procedural Safeguards
 I did not receive the Notice of procedural Safeguards a minimum of 1 time per year
and on any of the following circumstances:
o The first time my child was referred for a special education evaluation
o The first time I filed a complaint with the North Dakota Department of Special
Education
o When I requested a Due Process Hearing
o When my child’s placement was changed by the school by my child being
removed from the school for a violation of the districts discipline policy.
o When I requested a copy of the Notice of Procedural Safeguards, ( after the first
one has been given to you, otherwise this requests counts as your first one)
Prior Written Notice
 I did not receive Prior Written Notice on the following occasion (s)
o I requested that the school do an evaluation of my child and the district refused
the request
o I asked that my child’s placement be changed and the district refused the
request
o I asked for more Extended School Year ( ESY) services for my child and the
district refused my request
o I asked for a change in the IEP and the district refused request
o I asked that my child be given a para professional and the district refused my
request
o The district proposed a new classroom setting for my child
o The district proposed a special education evaluation of my child
o The district changed the special education criteria that my child will be served
under
In summary the district must provide you with prior written notice each time it proposes to
initiate change, or refuses to initiate or change the identification, evaluation or educational
placement of you child.
Parental Consent
 I did not give parental consent to a BIP plan then my child had a behavior, the district
implemented the plan without my consent
 I did not give consent of the initial evaluation of my child
 I did not give consent of the district to do a reevaluation of my child; no attempts were
made to contact me.
 I objected to a proposed service offered by the district, the district then denied my child
other services and/or activities.
 The district released information about me/my child without my written consent to
another service agency or person.
Independent Educational Evaluations (IEE’s)
 I requested an IEE for my child and did not receive any information about how to get
this done.
 My child’s IEE was done by school district employees from another school
 The school charged my insurance for the IEE.
 The school district did not supply me with the information of where to go to get the IEE
done.
 The school district did not agree that an IEE was appropriate but did not grant me a
hearing to determine the appropriateness of such and evaluation.
 I obtained an IEE on my own as the hearing officer stated that this was not appropriate,
however the school would not consider the findings.
School Records
The district must allow you to see your school records before any meeting regarding an IEP, or
any hearing or resolution session. There must never be a longer period of more than 10
business days.
 I requested to see my child’s educational records before an IEP meeting and they would
not allow me to see them even after a 10 business day wait.
 I asked for an explanation of items in my child’s records and no one would take the time
or set up a meting to go over them with me.
 I requested that my child’s advocate sit in with me and review the records and they
would not allow her with out the principal, (school administrator, special ed. teacher)
being there.
 My child’s advocate asked to see my child’s records instead of me and they would not
allow her access even with my written consent on the districts forms.
 I requested copies of my child’s records and the district refused because I cannot afford
to pay for them.
 I was aware of other people being in and reviewing my child’s records, however when I
went to review them their names were not on the record.
Consent to Release Records
 The district did not get my written consent before releasing information to another
agency.
 The consent I signed did not disclose or have the following information it:
o The information to be disclosed
o The purpose for which the information may be used
o The date for when the authorization will expire
 After the district released the information to the party that I consented to they did not
send me a copy of the information that was disclosed after I requested that they do so.
 The district sent diagnostic information and or treatment information to the health
insurance company without my signed consent. (this is not the same consent that was
signed allowing them to bill your insurance, however you may have signed a form giving
this permission at that time)
Fee’s for Searching, retrieving and Copying of Records
 I requested copies of my child’s records and the district refused because I cannot afford
to pay for them.
Amendment of records at Parent Request
 I requested in writing that the district change my child’s records and they refused. They
did not offer me a meeting or hearing to challenge the districts decision.
 I had a hearing or meeting and the decision of the district we upheld. I was not informed
that I had a right to include a statement in his/her record of my comments and
disagreements alongside the challenged information in my child’s educational records.
Destruction of Records
 The district destroyed some of my child’s educational records with without informing
me.