Preston County Board of Education
Policy 3-10-8 - Special Education, Procedural Safeguards

8.1. Policy Statement:

Preston County Schools shall protect the rights of each exceptional student and her or his parents, with respect to the provision of a free appropriate public education.

8.1.1. Prior Notice; Content of Notice.

a. Written notice must be given to the parents of an exceptional student within a reasonable time before Preston County Schools:

A. proposes to initiate or change the identification, evaluation or educational placement of the student or the provision of a free appropriate public education to the student; or

B. refuses to initiate or change the identification, evaluation or educational placement of the student or the provision of a free appropriate public education to the student.

At least 10 days prior to initiating a proposed action, including graduation or refusals, or within 10 days after a refusal, the CASE or designee shall provide written notice by mail or hand delivery to parents.

The CASE or designee shall document a parent's agreement to waive right to 10 days prior notice by obtaining parent signature.

Documentation
Written notice, written waiver, telephone log

b. If the notice relates to an action proposed by Preston County Schools that also requires parental consent, the agency may give notice at the same time it requests parent consent.

Documentation
Notice of evaluation/reevaluation request, consent for initial placement

c. The notice must include:

A. a description of the action proposed or refused by the agency, an explanation of why Preston County Schools proposes or refuses to take the action, and a description of any options Preston County Schools considered and the reasons why those options were rejected;

Documentation
Notice of evaluation/reevaluation request, notice of EC/IEP team meeting, correspondence, prior notice form

B. a description of each evaluation procedure, test, record or report the public agency used as a basis for the proposal or refusal; and

C. a description of any other factors which are relevant to the public agency's proposal or refusal;

D. a statement that the parents of a student with an exceptionality have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; and

E. sources for parents to contact to obtain assistance in understanding the provisions of the procedural safeguards.

a. A copy of the procedural safeguards available to the parents must be given to the parents, at a minimum:

A. upon initial referral for evaluation;

B. upon each notification of an IEP team meeting;

C. upon reevaluation of the student;

D. upon receipt of a request for due process hearing; and

E. with notification of a disciplinary change of placement.

The CASE or designee shall provide the parents a copy of the Procedural Safeguards Brochure with each required notice and correspondence relating to the actions described in Section 8.1.2.a.A-E of these procedures.

Documentation
Procedural safeguards, brochure, correspondence, notices

A. independent educational evaluation;

B. prior written notice;

C. parental consent;

D. access to educational records;

E. opportunity to initiate due process hearings;

F. the student's placement during pendency of due process proceedings;

G. procedures for students who are subject to placement in an interim alternative educational setting;

H. requirements for unilateral placement by parents of students in private schools at public expense;

I. mediation;

J. due process hearings, including requirements for disclosure of evaluation results and recommendations;

K. civil actions;

L. attorneys' fees; and

M. the state complaint procedures, including a description of how to file a complaint and the timelines under those procedures.

a. Both prior notice and the notice of procedural safeguards must be:

A. written in language understandable to the general public; and

B. provided in the native language of the parent or other mode of communication used by the parent, unless it clearly is not feasible to do so.

The onsite administrator, CASE, or designee shall

• Document the language or mode of communication used by the parent.

• Review documentation to determine language and/or communication needs prior to the notice.

• Provide interpreter services or an oral explanation as needed.

Documentation
SAT log, referral, correspondence, parent information, conference notes, interpreter contract

A. that the notice is translated orally or by other means to the parent in the parent's native language or other mode of communication;

B. that the parent understands the content of the notice; and

C. that there is written evidence that the above requirements have been met.

Documentation
SAT log, referral, correspondence, conference notes, parent information

a. Parental consent must be obtained before:

A. conducting an initial evaluation or reevaluation; and

B. initial provision of special education and related services to an exceptional student.

Within 10 days of the decision to evaluate/reevaluate or within 10 days of the initial IEP, the CASE or designee shall

• Obtain parental consent prior to conducting an initial evaluation, reevaluation or prior to providing initial special education and related services by mailing or hand delivering a request for consent.

• Initiate and document one or more of the following if consent is not obtained:

  -- Within 15 school days of initial request for consent, mail or hand deliver a second written notice.

  -- Within 20 school days of initial request for consent, notify the parent by telephone

  -- Within 25 school days of initial request for consent, schedule a conference

  -- Within 30 school days of initial request for consent, conduct a home visit

• Within 45 school days of initial request for consent, convene a meeting to discuss other options if follow-up attempts do not result in obtaining consent

• Initiate due process or request a mediation hearing to obtain consent if all other attempts fail.

Documentation
Notice of evaluation/reevaluation, IEP, correspondence, meeting minutes, due process hearing request, mediation request, parent consent, phone log

A. provide the student's parents a detailed explanation of the differences between an IFSP and an IEP; and

B. if the parents choose an IFSP, obtain written informed consent from the parents.

The CASE, designee, or elementary representative shall provide an explanation of the differences between an IFSP and an IEP at the 90-day Face-To-Face Transition Meeting.

The CASE or designee shall document the parents' choice at the 90-day Face-To-Face Transition Meeting.

Documentation
Brochures, checklist of options, meeting minutes, written consent

d. Parental consent is not required:

A. before reviewing existing data as part of an evaluation or a reevaluation;

B. before administering a test or other evaluation that is administered to all students unless, before administration of that test or evaluation, consent is required of parents of all students; and/or

C. for reevaluation, if Preston County Schools can demonstrate that it has taken reasonable measures to obtain that consent and the student's parent has failed to respond. A public agency must have a record of its attempts to obtain parental consent such as;

(a) detailed records of telephone calls made or attempted and the results of those calls;

(b) copies of correspondence sent to the parents and any responses received; and/or

(c) detailed records of visits made to the parent's home or place of employment and the results of those visits.

The CASE or designee shall utilize the steps outlined in Section 8.1.4.a. of these procedures to obtain parental consent for reevaluation.

Documentation
Phone logs, correspondence, records of home visits

Within 10 school days of receipt of refusal, the CASE or designee shall convene a conference to discuss parental refusal and determine and document actions to be taken.

Documentation
Correspondence, conference notes, phone log

Within 10 days of conference, the CASE shall initiate due process or mediation, if determined as the action to be taken, by notifying legal counsel, Superintendent and the parent.

Documentation
Due process hearing request, mediation request

Within 10 school days of conference, the CASE shall forward request to the WVDE.

Documentation
Due process hearing request form, mediation request

f. Preston County Schools may use mediation or the impartial due process hearing procedures, if appropriate, to determine if the student may be evaluated, initially provided special education and related services or reevaluated without parental consent.

The actions described in Section 8.1.4.a. of these procedures shall be initiated to request parental consent.

Within 10 school days of conference, the CASE shall initiate due process or mediation, if determined as the action to be taken, by notifying legal counsel, superintendent, and the parent.

Documentation
Correspondence, conference notes, phone log

Within 10 school days of conference, the CASE shall forward request for due process hearing and/or mediation to the WVDE.

Documentation
Due process hearing request, mediation request

8.1.5. Surrogate Parents.

a. Preston County Schools shall assure that the rights of a student are protected when:

A. no parent can be identified;

B. Preston County Schools, after reasonable efforts, cannot discover the whereabouts of a parent; or

C. the student is a ward of the state under the West Virginia Statutes.

A. for determining whether a student needs a surrogate parent;

Prior to any action which requires parental participation, the CASE shall determine if a surrogate parent needs to be assigned by requesting information from schools, reviewing referrals, reviewing transfer records, obtaining information through telephone, fax or e-mail and/or contacting Department of Health and Human Resources.

Documentation
Legal documentation, phone logs, correspondence, student records, referral information

and

B. for assigning a surrogate parent to the student.

The CASE shall assign an individual to act as a surrogate for the student.

Initially and thereafter when needed, the CASE shall

• Review applications and conduct interviews to ensure that the applicant meets the criteria described in (d) below, is committed to becoming acquainted with the student's educational needs, is committed to attending meetings related to the provision of FAPE and has at least two (2) references from non-family members.

• Schedule training for all prospective surrogate parents.

• Recommend to Preston County School board of education a list of qualified persons to act as surrogates at least 7 days prior to board meeting.

• Provide written notice to the persons selected of their approval to serve as a surrogate parent within 5 business days of board action.

  Documentation
  Applications, training agendas, list of qualified surrogates, written notice

e. Preston County Schools may select as a surrogate a person who is an employee of a non-public agency that only provides non-educational care for the student and who meets the standards in c. and d. above;

f. The surrogate parent may represent the student in all matters related to:

A. the identification, evaluation and educational placement of the student; and,

B. the provision of a free appropriate public education to the student.

a. When an exceptional student reaches the age of majority (18) under state law that applies to all students (except for a student with an exceptionality who has been determined to be incompetent under state law);

One year prior to the student's 18th birthday, the IEP team chair shall provide to the parents and the student a written and oral explanation of the rights to be transferred to the student upon reaching the age of 18 and shall document student receipt of these rights.

Documentation
IEP, correspondence, meeting notes, age of majority notification, transfers of rights brochure

A. Preston County Schools shall provide any notice required to both the individual and the parents; and all other rights accorded to parents under this policy transfer to the student, and

B. all rights accorded to parents under this policy transfer to students who are incarcerated in an adult or juvenile, state or local correctional institution;

Prior to any action proposed or refused, the CASE, IEP team chair, or designee shall, after the student reaches 18, provide all required notices to the student, with a copy to the parent.

Documentation
Notice

One year prior to the student's 18th birthday, the CASE, IEP team chair, or designee shall provide to the parents and the student a written and oral explanation of the rights to be transferred to the student upon reaching the age of 18.

Documentation
Correspondence, meeting notes, age of majority notification, transfer of rights brochure, IEP

8.1.7. Parental Participation

To ensure parental participation in the special education process, Preston County Schools shall:

a. Afford the parents of an exceptional student an opportunity to:

A. inspect and review all education records with respect to the identification, evaluation and educational placement of the student; and the provision of a free appropriate public education to the student;

Within 45 days of written request or prior to IEP meeting or due process hearing, the CASE or designee shall implement procedures for parents to inspect and review education records as specified in WVDE Policy 4350 and Preston County Schools' procedures governing the review of education records.

Documentation
Written request to inspect and review record, access log, meeting minutes

and

B. participate in meetings with respect to the identification, evaluation, and educational placement of the student and the provision of a free appropriate public education to the student.

The CASE or designee shall implement procedures for parents to participate in meetings as specified in Section 8.1.7.b of these procedures.

Documentation
Notices, IEPs, consent forms

At least 10 days prior to the meeting, unless waived, the CASE or designee shall provide written notice of EC/IEP team meetings by mail or hand delivery.

Documentation
Notice of EC/IEP team meeting

A. Preston County Schools shall take steps to ensure that one or both of the parents of the exceptional student are present at each meeting and are afforded the opportunity to participate, including:

(a) notifying parents of the meeting early enough to ensure that they will have the opportunity to attend; and

(b) scheduling the meeting at a mutually agreed on time and place.

At least 10 days prior to the meeting unless waived, the CASE or designee shall

• Provide written notice of EC/IEP team meetings by mail, FAX or hand delivery to the student's parents.

• Allow parents to waive 10-day notice by indicating their agreement in writing on the written notice or by verbal agreement via telephone and documented on written notice.

• Reschedule meetings at a reasonable mutually agreed upon time and place to meet parent/district needs/schedules.

  Documentation
  Notice of EC/IEP team meeting, written waiver

B. The written notice must include
(a) the purpose, time, and location of the meeting;

(b) who will be in attendance;

(c) an explanation that at the discretion of the public agency or parent other individuals who have knowledge or special expertise regarding the student, as determined by the public agency or the parent inviting the individual, can attend the meeting; and

(d) a full explanation of all the procedural safeguards available to the parents.

Documentation
Notice if EC/IEP team meeting

C. If a purpose of the meeting is also the consideration of adolescent transition service needs for the student, at age 14, or younger if appropriate, the written notice must also:

(a) indicate this purpose; and

(b) indicate that the agency will invite the student.

Documentation
Notice of EC/IEP team meeting

D. If a purpose of the meeting is also the consideration of needed adolescent transition services for the student, at age 16 or younger if appropriate, the written notice must also:
(a) indicate this purpose;

(b) indicate that the agency will invite the student; and

(c) identify any other agency that will be invited to send a representative.

Documentation
Notice of EC/IEP team meeting

The IEP team chair shall, at the meeting, review proceedings of the meeting and decisions made to ascertain parental understanding. The CASE or designee shall provide interpreter services or oral explanation as needed.

Documentation
Parental consent, IEP, meeting minutes

d. Conduct the EC and/or IEP team meeting without a parent in attendance only when Preston County Schools has documentation that other methods of ensuring parent participation, such as correspondence, telephone calls, and visits to the parents' home have been attempted.

A. If neither parent can attend, Preston County Schools shall use other methods to ensure parent participation, including individual or conference telephone calls.

B. A meeting may be conducted without a parent in attendance if Preston County Schools is unable to convince the parents that they should attend. In this case, the public agency must have a record of its attempts to arrange a mutually agreed on time and place such as:

(a) detailed records of telephone calls made or attempted and the results of those calls;

(b) copies of correspondence sent to the parents and any responses received; and/or

(c) detailed records of visits made with the parents and the results of those visits.

Documentation
Correspondence, telephone logs, other appropriate data, documentation of home visit

The CASE or designee shall request parental consent in accordance with Section 8.1.4 of these procedures.

Documentation
IEP, request for due process hearing/mediation

f. Provide the parent a copy of the IEP, at no cost to the parent.

The IEP team chair shall provide a copy of the IEP to the parent at the IEP team meeting, if in attendance.

The IEP team chair shall mail a copy of the IEP to the parent within 5 days after the meeting if the parent is not in attendance.

Documentation
Documented file copy

8.1.8. Evaluation.

a. Preston County Schools shall ensure, at a minimum, that the following requirements are met:

A. Tests and other evaluation materials used to evaluate a student:

(a) Are selected and administered so as not to be discriminatory on a racial or cultural basis;

Prior to evaluation, the CASE or designee shall review student information to determine if there is something in the student's profile to indicate the possibility of racial or cultural bias, and shall select only those instruments which are valid to assess students with similar profiles.

Documentation
SAT Information, evaluation reports

and

(b) Are provided and administered in the student's native language or other mode of communication, unless it is clearly not feasible to do so.

The CASE or designee shall determine the primary language or mode of communication used at home and administer evaluations using that language or mode.

Documentation
SAT information, evaluation reports, parent information

B. Materials and procedures used to evaluate a student with limited English proficiency are selected and administered to ensure that they measure the extent to which the student has an exceptionality and needs special education, ra ther than measuring the student's English language skills;

The CASE or designee shall review presenting student information to determine if there is something in the student's profile to indicate the possibility of limited English proficiency.

Documentation
Evaluation reports, parent information

C. A variety of evaluation tools and strategies are used to gat her relevant functional and developmental information about the student, including information provided by the parent, and information related to enabling the student to be involved in and progress in the general curriculum (or for a preschool student, to participate in appropriate activities), that may assist in determining:

(a) Whether the student is a student with an exceptionality under Section 4.1.3; and

(b) The content of the student's IEP.

The CASE or designee shall conduct a multidisciplinary evaluation in accordance with Section 3.1.3 of these procedures.

Documentation
Evaluation reports, parent information

D. Any standardized tests that are given to a student:
(a) Have been validated for the specific purpose for which they are used;

The CASE or designee shall administer the tests and other evaluation materials in conformance with instructions provided by the publisher.

Documentation
Evaluation reports

and

(b) Are administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of the tests;

Staff or contracted personnel shall be used whose credentials indicate training in the administration of selected instruments.

Documentation
Evaluation reports, personnel records

(c) I f an assessment is not conducted under standard conditions, a description of the extent to which it varied from standard conditions (e.g., the qualifications of the person administering the test, or the method of test administration) must be included in the evaluation report.

The CASE or designee shall document any non-standard conditions, which exist during the administration of the test.

Documentation
Evaluation reports

E. Tests and other evaluation materials include those tailored to evaluate specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient;

The CASE or designee shall conduct multidisciplinary evaluations in accordance with Section 3.1.3 of these procedures within 80 days of receipt of parental consent.

Documentation
Evaluation reports

F. Tests are selected and administered so as best to ensure that if a test is administered to a student with impaired sensory, manual, or speaking skills, the test results accurately reflect the student's ability or achievement level o r whatever other factors the test purports to measure, rather than reflecting the student's impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure);

Prior to evaluation, the CASE or designee shall

• Review referral data to determine if the student has impaired sensory, manual or speaking skills.

• Review technical manuals of evaluation instruments under consideration then select and administer appropriate instruments that will accurately reflect the student's ability.

Documentation
Referral information, evaluation reports, parent information

G. No single procedure is used as the sole criterion for determining whether a student is a student with an exceptionality and for determining an appropriate educational program for the student;

Within 80 days of receipt of parental consent, the CASE or designee shall conduct multidisciplinary evaluation in accordance with Section 3.1.3 of these procedures.

Documentation
Evaluation reports

H. The student is evaluated in all areas related to the suspected exceptionality, including, if appropriate, health, vision, hearing, social and emotional status, adaptive skills, general intelligence, academic performance, communicative status, and motor abilities.

Within 80 days of receipt of parental consent, the CASE or designee shall conduct multidisciplinary evaluation in accordance with Section 3.1.3 of these procedures.

Documentation
Evaluation reports

I. In evaluating each student with an exceptionality under as defined in 4.1.3, the evaluation is sufficiently comprehensive to identify all of the student's special education and related services needs, whether or not commonly linked to the category of exceptionality in which the student has been classified;

Within 80 days of receipt of parental consent, the CASE or designee shall conduct multidisciplinary evaluation in accordance with Section 3.1.3 of these procedures.

Documentation
Evaluation reports

J. Preston County Schools uses technically sound instruments that may evaluate the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors;

Within 80 days of receipt of parental consent, the CASE or designee shall conduct multidisciplinary evaluation in accordance with Section 3.1.3 of these procedures.

Documentation
Evaluation reports

K. Preston County Schools uses evaluation tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the student.

Within 80 days of receipt of parental consent, the CASE or designee shall conduct multidisciplinary evaluation in accordance with Section 3.1.3 of these procedures.

Documentation
Evaluation reports

a. The parents of an exceptional student have the right to obtain an independent educational evaluation of the student. Preston County Schools shall provide to parents, on request for an independent education evaluation, information about where an independent educational evaluation may be obtained and the agency criteria applicable set forth in (f) of this section.

With notice of evaluation/reevaluation, the CASE or designee shall inform parents of their right to obtain an independent educational evaluation (IEE) when conducting an initial evaluation, and/or reevaluation.

Documentation
Procedural safeguards

Within 10 schools days of written request, parents shall be provided with a list of independent educational evaluators, which meet the licensure and/or certification, to conduct the type of evaluations being requested.

Documentation
List of independent evaluators, written parental request

b. A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by Preston County Schools. If a parent requests an independent educational evaluation at public expense, Preston County Schools must, without unnecessary delay, either initiate a due process hearing to show that its evaluation is appropriate, or ensure an independent educational evaluation is provided at public expense, unless the agency demonstrates in a due process hearing that the evaluation obtained by the parent did not meet agency criteria. If Preston County Schools initiates a hearing and the final decision is that the agency's evaluation is appropriate, the parent still has the right to an independent education evaluation but not at public expense.

The CASE or designee shall inform parents that a request for an IEE should be made in writing.

Within 10 school days of receipt of written request, the CASE or designee shall

• Agree, in writing, to pay for an IEE an allowable expenses at reasonable and prevailing rates, when the parent submits a written request for an IEE; or

• Initiate a due process hearing to show its evaluation is appropriate if the Preston County Schools does not agree to pay for and IEE.

Within 10 days of a hearing decision, the CASE or hearing officer shall inform the parent of their right to an IEE, but not at public expense, if the final decision is that the schools evaluation is appropriate.

Documentation
Due process hearing decision

c. If a parent requests an independent educational evaluation, Preston County Schools may ask for the parent's reason why he or she objects to the public evaluation. However, the explanation by the parent may not be required and the public agency may not unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the public evaluation.

Within 5 school days of receipt of written request, the CASE or designee shall request the parents reason for disagreement for an IEE; however, such explanation is not required.

Documentation
Written request, evaluation report(s), invoice(s)

Within 10 school days of receipt of written request, the CASE or designee shall inform parents of Preston County Schools decision regarding IEE; and, if Preston County Schools does not agree to pay for an IEE, initiate a due process hearing to show its evaluation is appropriate.

Documentation
Due process request form

Within 10 days of hearing decision, the CASE or designee or hearing officer shall inform the parent of their right to an IEE, but not a public expense, if the final decision is that the school's evaluation is appropriate.

Documentation
Report of impartial hearing officer

d. If the parent obtains an independent educational evaluation at private expense, the results of the evaluation:

A. must be considered by the public agency, if it meets agency criteria, in any decision made with respect to the provision of a free appropriate public education to the student; and

B. may be presented as evidence at a due process hearing regarding that student.

Within 10 school days of receipt of report, the CASE or designee shall determine if the IEE meets the evaluation criteria as specified in Section 3.1.3 of these procedures and, if so, shall present and discuss the results of an IEE at the EC or IEP team meeting.

Documentation
Evaluation report(s), EC report, IEP

Within 45 days of receipt of invoice, the CASE or designee shall pay for IEE when requested by hearing officer.

Documentation
Invoice

f. Whenever an independent evaluation is at public expense:

A. the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the evaluator(s), must be the same as the criteria that Preston County Schools uses when it initiates an evaluation to the extent those criteria are consistent with the parent's right to an independent educational evaluation; and

B. except for criteria in above paragraph of this section, Preston County Schools may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.

a. Mediation is encouraged and available to parties who have a dispute relating to the identification, evaluation, or educational placement of an exceptional student, or the provision of a free appropriate public education. Mediation is available independent of or subsequent to a due process hearing request, including expedited hearings regarding a disciplinary change of placement including removal to an IAES.

b. The WVDE shall administer a system of mediation which ensures:

A. mediation is voluntary on the part of the parties;

B. mediation may not be used to deny or delay a parent's right to a due process hearing or to any other rights under this policy;

C. mediation is conducted by a qualified and impartial mediator;

D. the WVDE bears the cost of the mediation process;

E. parties may be assisted in the mediation process by persons with special knowledge or training with respect to the student, the needs of exceptional students, mediation procedures or special education law and regulations;

F. each session in the mediation process must be scheduled in a timely manner and must be held in a location that is convenient to the parties to the dispute;

G. an agreement reached by the parties to the dispute in the mediation process must be set forth in a written mediation agreement; and

H. discussions that occur during the mediation process are confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings. The parties to the mediation process may be asked to sign a confidentiality pledge prior to the commencement of mediation.

A. a mediator may not be:
(a) an employee of any local educational agency or any State agency receiving IDEA, Part B sub-grants; or

(b) an employee of a state education agency that is providing direct services to a student who is the subject of the mediation process; or

(c) an attorney or advocate who represents boards of education or parents against boards of education; or

(d) a person having a personal or professional conflict of interest.

B. a person who otherwise qualifies as a mediator is not an employee of a local educational agency or State agency solely because he or she is paid by the agency to serve as a mediator;

C. a mediator must be trained in effective mediation techniques and in the requirements of the IDEA and these regulations; and

D. mediators are verified by the WVDE as having met the requirements for qualified mediators. The WVDE maintains a list of the individuals who are qualified mediators.

A. a request for mediation may be filed independent of or subsequent to filing a due process hearing;

B. parents are informed of mediation:

(a) through the procedural safeguards notice;

(b) upon requesting information from the public agency or WVDE; and

(c) upon filing a request for a due process hearing;

With each required notification, the CASE or designee shall provide information to parents relevant to submitting written requests for mediation. As specified in 8.1.2 (a).

Documentation
Procedural safeguards brochure

C. a party may request mediation in a dispute relating to the identification, evaluation, or educational placement of an exceptional student, or the provision of a free appropriate public education by submitting a written request to Preston County Schools or the WVDE;

The superintendent or CASE shall receive any written request for mediation.

Documentation
Mediation request

D. Preston County Schools receiving a mediation request shall forward the request to the WVDE within three (3) calendar days of receipt of the request, except when mediation is requested regarding issues in an expedited due process hearing, which shall be forwarded to the WVDE by the next business day;

The superintendent or CASE shall forward any written requests received for mediation to WVDE within 3 calendar days of receipt of request or next business day if regarding issues in an expedited due process hearing.

Documentation
Mediation request

E. if both parties agree to participate in mediation, the WVDE shall assign a mediator from the list of qualified mediators on a rotational basis;

F. the mediation session must be completed within 20 calendar days of receipt by the WVDE of a request for mediation unless the timeline is extended by agreement of the parties. Any written mediation agreement shall be signed by both parties and shall be submitted to both parties and the WVDE; and

The CASE designeenee shall affirm mutually agreed upon date and time for mediation session within 20 calendar days of receipt by WVDE of request for mediation.

Documentation
Mediation agreement

The CASE or designee shall obtain mediation agreement signed by all parties.

Documentation
Signed mediation agreement

G. if mediation fails to produce an agreement, or if either party requests termination of the mediation process, the mediator shall issue a statement to the parties and the WVDE that the process has been terminated.

a. A parent or Preston County Schools may initiate a hearing relevant to the proposal or refusal to initiate or change the identification, evaluation or educational placement of the student or the provision of a free appropriate public education by submitting a written request for a due process hearing to the WVDE and/or the superintendent of Preston County Schools.

Documentation
Due process hearing request

b. The procedures relevant to due process hearings do not apply to students with exceptionalities placed in private schools by the parent for issues regarding the provision of services or the student's services plan. Due process procedures apply to child find, including evaluation and reevaluation.

c. The burden of proof as to the appropriateness of any proposed action, as to why more normalized placement could/could not adequately and appropriately service the individual's educational needs, and as to the adequacy and appropriateness of any test or evaluation procedure, will be upon the school personnel recommending the matter in contention.

d. Preston County Schools shall:

A. provide information to parents, upon request, relevant to submitting written requests for due process hearings and mediation, including the model form for filing due process hearings, information regarding free and low cost legal services and attorneys' fees;

The onsite administrator, CASE, or designee shall provide such information on request.

Documentation
Procedural safeguards brochure

and

B. forward any written requests received for due process hearings to the WVDE within five (5) days of the date of receipt.

Documentation
Request to initiate due process hearing, letter from parent

A. The name of the student;

B. The address of the residence of the student;

C. The name of the school the student is attending;

D. A description of the nature of the problem of the student relating to the proposed or refused initiation or change, including facts relating to the problem; and

E. A proposed resolution of the problem to the extent known and available to the parents at the time.

Documentation
Due process hearing request

g. Not later than 45 calendar days after the Department receives a written request for a due process hearing, the hearing officer will issue a final decision, mailing a copy of the decision to each of the parties. A hearing officer may grant specific extensions of time beyond the timelines at the request of either party;

h. Each hearing involving oral arguments must be conducted at a time and place which is reasonably convenient to the parents and student involved;

i. The impartial hearing officer shall preside at the hearing, shall conduct the proceedings in a fair and impartial manner and shall take steps to assure that all hearings will be conducted and completed as quickly as possible;

j. Hearing officers shall have the power to issue subpoenas requiring testimony and/or the production of books, papers, and physical or other evidence. Any person served with a subpoena pursuant to this section may object and ask the hearing officer in writing to quash or modify the subpoena as illegally or improvidently issued. The hearing officer shall immediately issue a decision on that validity of the subpoena. Any person served with a subpoena pursuant to this section shall have the right to petition the United States District Court for the county in which the hearing is to be held for an order to quash any subpoena issued pursuant to this section. A hearing officer may petition said court for an order of enforcement of a subpoena issued by the hearing officer. Nothing in this section shall prohibit the hearing officer from refusing to issue subpoenas which are requested for purposes of harassment, abuse of process, delay or which are obviously directed to persons who have no direct evidence in the matter to be heard;

k. At all stages of due process procedures, interpreters for the deaf or interpreters fluent in the primary language of the home shall be provided as needed at public expense;

l. Any party to a hearing has the right to:

A. be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the needs of exceptional students;

B. present evidence and confront, cross-examine and compel the attendance of witnesses;

C. prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five business days before the hearing;

D. obtain a written or, at the option of parents, electronic, verbatim record of the hearing; and

E. obtain written, or at the option of parents, electronic findings of fact and decisions.

n. Parents involved in hearings must be given the right to:

A. have the student who is the subject of the hearing present;

B. open the hearing to the public; and

C. obtain the record of the hearing and the findings of fact and decisions at no cost.

With notice and upon request, the CASE, onsite administrator or designee shall inform parents that attorney's fees may be awarded by providing a copy of the Procedural Safeguards Brochure.

Documentation
Procedural safeguards brochure, correspondence and notice

p. A decision made in a hearing is final, unless a party to the hearing appeals the decision through civil action;

q. Any party aggrieved by the findings and decisions made in a hearing has the right to bring a civil action in any state court of competent jurisdiction within 120 days of the date of the issuance of the hearing officer's written decision or in a district court of the United States.

r. Student Status During Proceedings:

A. Except as provided in procedures for placement in an interim alternative education setting for up to 45 days, during the pendency of any administrative or judicial proceedings, unless the public agency and the parents of the student agree otherwise, the student must remain in the student's present educational placement.

During pendency of proceedings, the CASE shall maintain student in current educational placement, unless Preston County Schools and parents of the student agree otherwise, except as provided in procedures for IAES.

Documentation
Attendance records, IEP

B. If the issue subject to any administrative or judicial proceeding involves an application for initial admission to public school, the student, with the consent of the parents, must be placed in the public school program until the completion of all the proceedings.

Upon application for initial admission to public school until completion of proceedings, the CASE shall place student, with consent of parents, in public school program.

Documentation
Attendance, records, IEP

C. If the decision of a hearing officer in a due process hearing agrees with the parents that a change of placement is appropriate, that placement must be treated as an agreement between the public agency and the parents for purposes of determining the student's current placement during the pendency of subsequent appeals.

Upon hearing officer decision and during pendency of subsequent appeals, the CASE shall place student as per hearing officer decision.

Documentation
Attendance records, IEP

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