72-988.Parental rights.(a) The rights of parents of exceptional children shallinclude,but not belimited to, the rights specified in this section.
(b) The parents of exceptional children shall have the right to:
(1) Examine all records relating to such child and to participate in meetingswith respectto the identification, evaluation, and educational placement of the child, andthe provision of afree appropriate public education to such child, and to obtain an independenteducationalevaluation of the child;
(2) written prior notice in accordance with K.S.A. 72-990, andamendmentsthereto, whenever an agency: (A) Proposes to initiate orchange; or (B)refuses to initiate or change, the identification, evaluation, or educationalplacement of the childor the provision of a free appropriatepublic education to thechild;
(3) receive the notice required by provision (2) in their native language,unless it clearlyis not feasible to do so;
(4) present complaints with respect to any matter relating to theidentification,evaluation, or educational placement of the child, or the provision of a freeappropriate publiceducation to the child, subject to the requirements inK.S.A. 2009 Supp.72-972a,andamendments thereto;
(5) request mediation in accordance with this act;
(6) consent, or refuse to consent, to the evaluation, reevaluation or theinitial placementof their child and to any substantialchange in placement of, or a material change in services for, their child,unless a change inplacement of their child is ordered pursuant to the provisions ofK.S.A. 2009 Supp.72-991a,and amendmentsthereto, or the agency can demonstrate that it has taken reasonable measures toobtain parentalconsent to a change in placement or services, and the child's parent has failedto respond. If the parent fails torespond to the requestfor parental consent to a substantial change in placement or a material changein services, the agency mustmaintain detailedrecords of written and verbal contacts with the parent and the response, ifany, received from theparent;
(7) be members of any group that makes decisions on the educational placementof theirchild;
(8) demand that their child remain in the child's current educationalplacement pendingthe outcome of a due process hearing, except as otherwise provided by federallaw and this act;
(9) subject to the requirements of this act, request a due processhearing in regard to any complaint filed inaccordance withprovision (4) of this subsection, or as authorized inK.S.A. 2009 Supp.72-992a,andamendments thereto;
(10) appeal to the state board any adverse decision rendered by a hearingofficer in alocal due process hearing;
(11) appeal to state or federal court any adverse decision rendered by areview officer ina state-level due process appeal; and
(12) recover attorney fees, as provided in the federal law, if they are theprevailingparties in a due process hearing or court action; however, only a court shallhave the authority toaward attorney fees, and such fees may be reduced or denied in accordance withfederal law.
(c) The state board shall develop a model form to assist parents in filing acomplaint and due process complaint notice.
(d) The state board shall develop, and thereafter amend as necessary, anddistribute foruse by agencies, a notice of the rights available to theparents of exceptionalchildren under thefederal law and this act. The notice shall include a fullexplanation of the rights and be made available in various languagesand be written so asto be easily understandable by parents.
(e) A list of the rights available to the parents of exceptional childrenshall be given tothe parents only one time each school year, except acopy also shall be given to the parents: (A) Upon initial referral orparental request forevaluation; (B) upon request of a parent; and (C) uponthe initial filing of a complaint under subsection(b)(4).
History: L. 1999, ch. 116, § 17;L. 2005, ch. 171, § 15; July 1.
72-988.Parental rights.(a) The rights of parents of exceptional children shallinclude,but not belimited to, the rights specified in this section.
(b) The parents of exceptional children shall have the right to:
(1) Examine all records relating to such child and to participate in meetingswith respectto the identification, evaluation, and educational placement of the child, andthe provision of afree appropriate public education to such child, and to obtain an independenteducationalevaluation of the child;
(2) written prior notice in accordance with K.S.A. 72-990, andamendmentsthereto, whenever an agency: (A) Proposes to initiate orchange; or (B)refuses to initiate or change, the identification, evaluation, or educationalplacement of the childor the provision of a free appropriatepublic education to thechild;
(3) receive the notice required by provision (2) in their native language,unless it clearlyis not feasible to do so;
(4) present complaints with respect to any matter relating to theidentification,evaluation, or educational placement of the child, or the provision of a freeappropriate publiceducation to the child, subject to the requirements inK.S.A. 2009 Supp.72-972a,andamendments thereto;
(5) request mediation in accordance with this act;
(6) consent, or refuse to consent, to the evaluation, reevaluation or theinitial placementof their child and to any substantialchange in placement of, or a material change in services for, their child,unless a change inplacement of their child is ordered pursuant to the provisions ofK.S.A. 2009 Supp.72-991a,and amendmentsthereto, or the agency can demonstrate that it has taken reasonable measures toobtain parentalconsent to a change in placement or services, and the child's parent has failedto respond. If the parent fails torespond to the requestfor parental consent to a substantial change in placement or a material changein services, the agency mustmaintain detailedrecords of written and verbal contacts with the parent and the response, ifany, received from theparent;
(7) be members of any group that makes decisions on the educational placementof theirchild;
(8) demand that their child remain in the child's current educationalplacement pendingthe outcome of a due process hearing, except as otherwise provided by federallaw and this act;
(9) subject to the requirements of this act, request a due processhearing in regard to any complaint filed inaccordance withprovision (4) of this subsection, or as authorized inK.S.A. 2009 Supp.72-992a,andamendments thereto;
(10) appeal to the state board any adverse decision rendered by a hearingofficer in alocal due process hearing;
(11) appeal to state or federal court any adverse decision rendered by areview officer ina state-level due process appeal; and
(12) recover attorney fees, as provided in the federal law, if they are theprevailingparties in a due process hearing or court action; however, only a court shallhave the authority toaward attorney fees, and such fees may be reduced or denied in accordance withfederal law.
(c) The state board shall develop a model form to assist parents in filing acomplaint and due process complaint notice.
(d) The state board shall develop, and thereafter amend as necessary, anddistribute foruse by agencies, a notice of the rights available to theparents of exceptionalchildren under thefederal law and this act. The notice shall include a fullexplanation of the rights and be made available in various languagesand be written so asto be easily understandable by parents.
(e) A list of the rights available to the parents of exceptional childrenshall be given tothe parents only one time each school year, except acopy also shall be given to the parents: (A) Upon initial referral orparental request forevaluation; (B) upon request of a parent; and (C) uponthe initial filing of a complaint under subsection(b)(4).
History: L. 1999, ch. 116, § 17;L. 2005, ch. 171, § 15; July 1.
72-988.Parental rights.(a) The rights of parents of exceptional children shallinclude,but not belimited to, the rights specified in this section.
(b) The parents of exceptional children shall have the right to:
(1) Examine all records relating to such child and to participate in meetingswith respectto the identification, evaluation, and educational placement of the child, andthe provision of afree appropriate public education to such child, and to obtain an independenteducationalevaluation of the child;
(2) written prior notice in accordance with K.S.A. 72-990, andamendmentsthereto, whenever an agency: (A) Proposes to initiate orchange; or (B)refuses to initiate or change, the identification, evaluation, or educationalplacement of the childor the provision of a free appropriatepublic education to thechild;
(3) receive the notice required by provision (2) in their native language,unless it clearlyis not feasible to do so;
(4) present complaints with respect to any matter relating to theidentification,evaluation, or educational placement of the child, or the provision of a freeappropriate publiceducation to the child, subject to the requirements inK.S.A. 2009 Supp.72-972a,andamendments thereto;
(5) request mediation in accordance with this act;
(6) consent, or refuse to consent, to the evaluation, reevaluation or theinitial placementof their child and to any substantialchange in placement of, or a material change in services for, their child,unless a change inplacement of their child is ordered pursuant to the provisions ofK.S.A. 2009 Supp.72-991a,and amendmentsthereto, or the agency can demonstrate that it has taken reasonable measures toobtain parentalconsent to a change in placement or services, and the child's parent has failedto respond. If the parent fails torespond to the requestfor parental consent to a substantial change in placement or a material changein services, the agency mustmaintain detailedrecords of written and verbal contacts with the parent and the response, ifany, received from theparent;
(7) be members of any group that makes decisions on the educational placementof theirchild;
(8) demand that their child remain in the child's current educationalplacement pendingthe outcome of a due process hearing, except as otherwise provided by federallaw and this act;
(9) subject to the requirements of this act, request a due processhearing in regard to any complaint filed inaccordance withprovision (4) of this subsection, or as authorized inK.S.A. 2009 Supp.72-992a,andamendments thereto;
(10) appeal to the state board any adverse decision rendered by a hearingofficer in alocal due process hearing;
(11) appeal to state or federal court any adverse decision rendered by areview officer ina state-level due process appeal; and
(12) recover attorney fees, as provided in the federal law, if they are theprevailingparties in a due process hearing or court action; however, only a court shallhave the authority toaward attorney fees, and such fees may be reduced or denied in accordance withfederal law.
(c) The state board shall develop a model form to assist parents in filing acomplaint and due process complaint notice.
(d) The state board shall develop, and thereafter amend as necessary, anddistribute foruse by agencies, a notice of the rights available to theparents of exceptionalchildren under thefederal law and this act. The notice shall include a fullexplanation of the rights and be made available in various languagesand be written so asto be easily understandable by parents.
(e) A list of the rights available to the parents of exceptional childrenshall be given tothe parents only one time each school year, except acopy also shall be given to the parents: (A) Upon initial referral orparental request forevaluation; (B) upon request of a parent; and (C) uponthe initial filing of a complaint under subsection(b)(4).
History: L. 1999, ch. 116, § 17;L. 2005, ch. 171, § 15; July 1.
