Dr. David Stewart, State Superintendent of Schools
Building 6, 1900 Kanawha Blvd. E.
Charleston, West Virginia 25305-0330
Phone: 304-558-2681
Fax: 304-558-0048
http://wvde.state.wv.us
MEMORANDUM
TO:
County Special Education Administrators
County Superintendents
Frank Andrews, Superintendent, Office of Instructional Education Programs
Jane McBride, Superintendent, West Virginia Schools for the Deaf and Blind
Parent Educator Resource Centers
RESA Special Education Administrators
West Virginia Parent Training Information
West Virginia Advocates
Mountain State Parents Children and Adolescents Network
WVU-CED Parent Specialist
Mountain Family State Alliance
Due Process Hearing Officers
Mediators
West Virginia Advisory Council for the Education of Exceptional Children
Private School Administrators
FROM:
Lynn Boyer, Executive Director
Office of Special Education
DATE:
June 27, 2005
SUBJECT:
IDEA 2004 INTERIM IMPLEMENTATION- Procedural Safeguards
All provisions of the Individuals with Disabilities Education Improvement Act (PL 108446, IDEA 2004), signed into law on December 3, 2004, are effective as of July 1, 2005. The
purpose of this memorandum is to provide county school districts, RESAs, parent agencies and
other interested individuals with a copy of the amended Procedural Safeguards Available To
Parents and Exceptional Students document. The revisions reflect the new mandates of the
IDEA 2004. Any federal or state regulations not impacted by a mandate of the IDEA 2004
remain in effect until the provisions are changed by revised federal and state regulations
implementing the IDEA 2004. Specific revisions to the procedural safeguards include:
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A copy of the procedural safeguards is provided to parents only one (1) time a
year, except that a copy shall also be provided to parents upon initial referral or
parental request for evaluation, the first occurrence of the filing of a due process
hearing and upon request by a parent.
An outline of the method of providing notices required by Section 615,
specifically a parent of a student with a disability may elect to receive required
Memorandum
June 27, 2005
Page 2
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notices by an electronic mail (e-mail) communication if the agency makes such an
option available.
Clarification of the provisions regarding the requirements for parent participation
and consent.
Addition of mediation requirements which specify that the agreement is legally
binding and is enforceable in any state court of competent jurisdiction or in a
district court of the United States.
The timeline during which a parent or agency shall request an impartial due
process hearing, within two years of the date the parent or agency knew or should
have known about the alleged action that forms the basis of the due process
hearing.
Requirement that either party requesting a due process hearing provide notice to
the other party.
Requirement that a Resolution Session be held upon the request of a due process
hearing, which includes specific timelines.
Addition of timelines regarding introduction of evidence for an expedited
hearing.
Addition regarding the student’s status when an appeal under Section 615 (k)(3)
has been requested by either the parent or the school district. The student shall
remain in the interim alternative educational setting pending the decision of the
hearing officer, or until the expiration of the time period.
Addition of provisions regarding the awarding of attorneys’ fees.
Revision of discipline requirements regarding the authority for school personnel,
authority of the hearing officer and placement during appeals.
Addition of the definition of serious bodily injury.
The OSE will not be providing the districts’ procedural safeguards notice brochures.
However, a current copy of the interim procedural safeguards notice is available on the OSE
homepage. Go to http://wvde.state.wv.us/ose/ and click on IDEA 2004 and then IDEA 2004
Interim Procedural Safeguards.
Questions with regard to the procedural safeguards should be referred to Robin K.
Bolling, Assistant Director, or Ghaski Lee Browning, Coordinator, or me at (304) 558-2696
(V/TDD) or 1-800-642-8541.
LB/rb
Attachment
Memorandum
June 27, 2005
Page 2
C:/MyDocuments/Lynn/ProceduralSafeguardsInterim