MD4Assgn+Davis+L

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Walden University *

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6602J

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Law

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Apr 3, 2024

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docx

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Uploaded by GeneralMoon13078

1 Identifying Procedural Safeguards In Your Home State LeTysha L Davis Walden University EDUC-6791J-1 Special Ed: Honoring Due Process Dr. Derek Schroll 03/03/2024 Identifying Procedural Safeguards In Your Home State I’ve compared similarities and differences between my home state of Massachusetts and the state of Michigan. the main similarity between the safeguards is that each of them has to have prior written notice. This means that both of the states have to provide the families with prior written notice when the school wants to evaluate a child or to require special education services. The major difference between the states is how they handle special education and private schools. In the state of Massachusetts the state funds for private schools that are approved by DESE(Mittnacht, 2013). In the state of Michigan if you want your child to go to a private school they will not fund it(Jankowski, 2023).

2 I do believe that the differences exist because its different states. Every state does things differently in how they handle special education. Depending on which state you reside some are more generous than others. State law cannot be less than federal law but State law or rules often interpret or add to the federal law and regulations(Wright & Wright, 2012). Some state laws may provide more protections. I believe it's important for a parent to know their rights in making decisions for the student's educational needs. IDEA was designed and put into place to protect the rights of those with disabilities and to protect the rights of people who care for them(Dance-Schissel, 2015). IDEA includes the following specific tenets that guarantee the right to special education and protect students and their caregivers. It is also important for parents to know the rights to help protect their child if anything comes about such as unfair treatment or how they can go about disputes if they disagree with the school. Procedural safeguards protect the rights of children with disabilities and their parents. In the state of Massachusetts, the safeguards include the right to participate in all meetings, to examine all educational records, and to obtain an independent educational evaluation of the child. Parents also have the right to Prior Written Notice when the school proposes to change or refuses to change their child's identification, evaluation, or placement(Wright & Wright, 2012). If families want their child to go to a private school the district fully covers in-state and out-of- state costs approved by a DESE(Massachusetts Department of Elementary and Secondary Education) approved program. For any program that is not DESE approved families will have to do private pay.

3 Some strategies for families regarding the key procedural safeguards would be becoming knowledgeable about the process. Through persistence and becoming knowledgeable of special education law, these families can properly assist their children in acquiring the services and IEP implementation necessary for them to succeed. A tip for families who want their child in a private school setting want the school to reimburse them for the private placement, they must take specific steps to protect their rights. The parents must advise the IEP team that they are rejecting the proposed IEP, describe their concerns, and that they intend to enroll their child in a private school at public expense before removing the child from the public school. The parent must give the school WRITTEN NOTICE of “their intent to enroll the child in a private school at public expense(Wright & Wright, 2012). Parents can get information about their parental rights and responsibilities by contacting their state department of education. Parents, teachers, and students are all able to access one common text they may be better able to address concerns and collaborate(Thatcher, 2012). I chose these tips and strategies for my handout because they would be beneficial to families. Sometimes these families know nothing about these laws and have meetings and do not understand the process of certain things because they do not know about the IDEA laws. This information is also beneficial to families who are English language learners as well because in the state of Massachusetts, we have nine other languages that are translated to help families as well when looking for specific laws regarding IDEA. Unfortunately, parents in many cases do not possess the confidence with legal and procedural knowledge they need to assert their role in the special education process(Thatcher, 2012).

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