{"data":{"id":"us-ks/k.s.a.-72-3430","jurisdiction":"us-ks","citation":"K.S.A. 72-3430","heading":"Parental rights.","body":"(a) The rights of parents of exceptional children shall include, but not be limited to, the rights specified in this section.\n(b) The parents of exceptional children shall have the right to:\n(1) Examine all records relating to such child and to participate in meetings with respect to the identification, evaluation, and educational placement of the child, and the provision of a free appropriate public education to such child, and to obtain an independent educational evaluation of the child;\n(2) written prior notice in accordance with K.S.A. 72-3432, and amendments thereto, whenever an agency: (A) Proposes to initiate or change; or (B) refuses to initiate or change, the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child;\n(3) receive the notice required by provision (2) in their native language, unless it clearly is not feasible to do so;\n(4) present complaints with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to the child, subject to the requirements in K.S.A. 72-3415, and amendments thereto;\n(5) request mediation in accordance with this act;\n(6) consent, or refuse to consent, to the evaluation, reevaluation or the initial placement of their child and to any substantial change in placement of, or a material change in services for, their child, unless a change in placement of their child is ordered pursuant to the provisions of K.S.A. 72-3433, and amendments thereto, or the agency can demonstrate that it has taken reasonable measures to obtain parental consent to a change in placement or services, and the child's parent has failed to respond. If the parent fails to respond to the request for parental consent to a substantial change in placement or a material change in services, the agency must maintain detailed records of written and verbal contacts with the parent and the response, if any, received from the parent;\n(7) be members of any group that makes decisions on the educational placement of their child;\n(8) demand that their child remain in the child's current educational placement pending the outcome of a due process hearing, except as otherwise provided by federal law and this act;\n(9) subject to the requirements of this act, request a due process hearing in regard to any complaint filed in accordance with provision (4) of this subsection, or as authorized in K.S.A. 72-3434, and amendments thereto;\n(10) appeal to the state board any adverse decision rendered by a hearing officer in a local due process hearing;\n(11) appeal to state or federal court any adverse decision rendered by a review officer in a state-level due process appeal; and\n(12) recover attorney fees, as provided in the federal law, if they are the prevailing parties in a due process hearing or court action; however, only a court shall have the authority to award attorney fees, and such fees may be reduced or denied in accordance with federal law.\n(c) The state board shall develop a model form to assist parents in filing a complaint and due process complaint notice.\n(d) The state board shall develop, and thereafter amend as necessary, and distribute for use by agencies, a notice of the rights available to the parents of exceptional children under the federal law and this act. The notice shall include a full explanation of the rights and be made available in various languages and be written so as to be easily understandable by parents.\n(e) A list of the rights available to the parents of exceptional children shall be given to the parents only one time each school year, except a copy also shall be given to the parents: (A) Upon initial referral or parental request for evaluation; (B) upon request of a parent; and (C) upon the initial filing of a complaint under subsection (b)(4).","path":["Chapter 72.—SCHOOLS","Article 34.—SPECIAL EDUCATION"],"source_url":"https://www.ksrevisor.gov/statutes/chapters/ch72/072_034_0030.html","current_through":"2025 legislative session","vintage":"","retrieved_at":"2026-10-15T06:28:11Z","sha256":"25f9d98b522b1fd073f6ea6dd8e38e95a04b66e4c16588e26b250e00ce078090","source_id":"us-ks","stale":false,"prev":"us-ks/k.s.a.-72-3429","next":"us-ks/k.s.a.-72-3431"},"notice":"GroundRules: Original legal text. Not legal advice."}