(a) The department shall establish, maintain, and implement procedural safeguards that meet the requirements of the IDEA related to the following:
(1) Independent educational evaluations;(2) Prior written notice;(3) Parental consent;(4) Access to and confidentiality of education records;(5)Statecomplaint and dispute resolution procedures and forms;(6) The availability of mediation;(7) Procedures when disciplining children with disabilities;(8) Requirements for unilateral placement by parents of children in private schools at public expense;(9) Advocacy services; and(10) Free and low cost legal services.(b) 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:
(1) Upon initial referral or parent request for evaluation;(2) Upon receipt of the first state or due process complaint in a school year;(3) 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(4) Upon request by a parent.(c) The department shall maintain a current copy of the procedural safeguards on its website.
