Steps Parents' and Students' Rights and Options

1. Principal refers student to IPRC, either at the request of the parents or on his or her own initiative

Parent has the option of requesting, in writing to the principal, that the student be referred to IPRC. For the purposes of this document, 'parent' includes a guardian.

2. Within 15 days of making the referral, the principal notifies parent that student has been referred to IPRC. Parent receives:

written notification of referral principal's approximation of when the IPRC is likely to meet parents' guide in appropriate form.

Parent may be requested to give written permission for a psychological and/or health assessment in accordance with the Health Care Consent Act 1996.

3. At least 10 days in advance, the principal must notify the parent -- and the student if he or she is 16 years or older -- of the date of the IPRC.

4. The IPRC meets and: Parent and student may have a representative/advocate present who may speak on their behalf

Parent -- and student aged 16 or older -- is entitled to receive all information provided to IPRC members.

1. considers the following assessment reports:

i) educational

ii) psychological and/or

iii) health
Educational assessment is required. Parental consent is not necessary for this assessment.

Psychological and health assessments are only considered if:

• the IPRC requests one or both OR

• the parent requests that one or both be considered OR

• the student aged 16 or older requests that one or both be considered
  AND

• parental and/or student consent was obtained in accordance with the Health Care Consent Act 1996.

2. interviews student, if considered useful. If the student:

i) is under 16 years of age

ii) is 16 years of age or older

• Parental consent is required before the interview may
  take place.
• Parent is entitled to be present for the interview.
• Student consent is required before the interview
  may take place.
• Parent may be present if student consents.
  (Please note that this is not formally set out in the Regulation, but is implied.)
  

3. may discuss and make recommendations for special education programs and services, but will not make decisions about these issues. Recommendations may be included in the IPRC decision. The parent -- or the student aged 16 or older -- may request such discussion and recommendations and may be present for and participate in these discussions.

The IPRC will consider all information that it considers relevant and any information submitted by the parent (and by the pupil if he or she is 16 years of age or older).

4. may recommend that an exceptional student who is 21 years of age or older remain in a secondary day school program

5. decides: The chair of the IPRC notifies the parent, the student aged 16 or older, the principal who made the referral and a representative of the school board -- usually the director of education -- in writing of the IPRC's decision.

   1. whether the student is exceptional or not

   2. if exceptional, the category and definition of the identified exceptionality in accordance with section 8(3) of the Education Act.

   3. the strengths and needs of the student iv) the placement of the student, whether in a regular class with special education services or in a special education class. Please note that the IPRC will recommend placement in a regular class with special education services if, in its opinion, such a placement:

A -- meets the student's needs
B -- is consistent with parental preferences.

If the IPRC recommends placement in a special education class, it must set out the reasons for this recommendation in its decision.

The decision may include any recommendations made pursuant to c) and d) above.

Parental preferences are part of the IPRC's decision making criteria for placement, but are not binding.

5. If the parent so requests, a second meeting of the IPRC is convened as soon as possible. If the parent is not in agreement with the IPRC decision, he or she may, within 30 days of the IPRC:
   • request a second meeting with the IPRC to discuss the decision further OR
   • request to have the matter referred to a Special Education
     Appeal Board.
     
     The IPRC may:

• uphold its original decision and notify all parties -- parent, student 16 or older, referring principal, school board representative -- of this decision OR
• change its original decision and notify all parties -- parent, student 16 or older, referring principal, school board representative -- of this decision and the reasons for the revision.
• if the parent is not in agreement with the upheld or revised decision, he or she may request to have the matter referred to a Special Education Appeal Board within 15 days of the second meeting
  of the IPRC.

6. The school board will implement the IPRC decision as soon as possible and notify the school principal of the decision. Having received the IPRC final decision in writing, the parent must provide written consent for the placement or, if the parent is still not in agreement, begin an appeal to the Special Education Appeal Board within 15 days.

Student is placed in special education program or is returned to regular class in accordance with IPRC desicion if:
parent consents OR
parent has not consented but has not begun an appeal within 30 days of the final decision
Parent is notified in writing that the student has been placed.

7. Within 30 days of the placement starting, an individual educational plan -- IEP -- for the student must be developed and provided to the parent and to the student aged 16 or older.

For students who are 14 years of age or older, the IEP must include a transition plan for post-secondary school activities such as work, further education and community living. Note that this does not apply to students whose primary identification is gifted. Parents and the student aged 16 or older will be consulted on the contents of the IEP.

8. At least once every school year, the IPRC is reconvened to review the student's identification and/or placement. Parent may request a review three months after the plan has begun. A review cannot be requested more than once every three months.

The parent may agree in writing to waive the annual review.

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