The department shall establish, maintain, and implement procedural safeguards that meet the requirements of the IDEA related to the following:
Independent educational evaluations;
Prior written notice;
Parental consent;
Access to and confidentiality of education records;
State complaint and dispute resolution procedures and forms;
The availability of mediation;
Procedures when disciplining children with disabilities;
Requirements for unilateral placement by parents of children in private schools at public expense;
Advocacy services; and
Free and low cost legal services.
A copy of the procedural safeguards must be made available to the parents of a child with a disability one (1) time each school year; provided, however, that a copy must also be provided:
Upon initial referral or parent request for evaluation;
Upon receipt of the first state or due process complaint in a school year;
On the date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct; and
Upon request by a parent.
The department shall maintain a current copy of the procedural safeguards on its website.
