Procedural Safeguards in Kansas
What procedural safeguards protect IEP families in Kansas?
Kansas procedural safeguards for special education are codified in K.A.R. 91-40-45 through K.A.R. 91-40-48 and K.S.A. 72-3407 through 72-3414, implementing all IDEA procedural protections. The Procedural Safeguards Notice must be provided to parents in their native language or mode of communication (K.A.R. 91-40-45; 34 CFR 300.504). Kansas provides mediation as a voluntary alternative to due process; mediators must be impartial and trained in effective mediation techniques (K.A.R. 91-40-43; 34 CFR 300.506). Mediation is available at any time, including before filing for due process. The costs of mediation are borne by KSDE. Kansas also offers an informal resolution meeting (required within 15 days of a due process filing) before proceeding to a formal hearing. Stay-put rights provide that during any due process or court proceedings, the student remains in the current educational placement unless parties agree otherwise (K.A.R. 91-40-44; 34 CFR 300.518). Pendency (stay-put) applies during appeals as well. Parents who prevail in due process proceedings may be entitled to attorneys' fees (K.S.A. 72-3414; 34 CFR 300.517).
What Kansas Requires
Procedural Safeguards Notice must be provided in the native language or mode of communication of the parent (K.A.R. 91-40-45; 34 CFR 300.504(d)).
Mediation is available at no cost to parents as a voluntary alternative or complement to due process; mediators must be impartial and trained (K.A.R. 91-40-43; 34 CFR 300.506).
Stay-put requires maintaining the student's current educational placement during due process and court proceedings unless parties mutually agree to a change (K.A.R. 91-40-44; 34 CFR 300.518).
Parents who prevail in IDEA proceedings may be awarded reasonable attorneys' fees by the court (K.S.A. 72-3414; 34 CFR 300.517).
The two-year statute of limitations for filing a due process complaint applies: parents must file within two years of the date they knew or should have known about the alleged action (K.A.R. 91-40-44; 34 CFR 300.507(a)(2)).
Procedural Safeguards Notice must be provided at least annually and upon initial referral, parent request for evaluation, filing of a due process complaint, and when the district takes a disciplinary action that constitutes a change of placement (K.A.R. 91-40-45; 34 CFR 300.504(a)).
Key Timelines
Two-year statute of limitations for due process filings: must file within two years of when the parent knew or should have known of the alleged violation (K.A.R. 91-40-44; 34 CFR 300.507(a)(2)).
Mediation session must be scheduled in a timely manner and held at a time and place reasonably convenient to the parties (K.A.R. 91-40-43; 34 CFR 300.506(b)(1)(i)).
Resolution meeting within 15 days of due process filing; 30-day resolution period before hearing can proceed (K.A.R. 91-40-44; 34 CFR 300.510).
Sources
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