Procedural Safeguards

The IDEA Part E provides specific regulations which protect the rights of parents and children with disabilities. These rules dictate how school districts and parents are to interact with each other. The safeguards ensure that the process of delivering special education needs to children with disabilities is done consistently and fairly in all school districts nationwide.

Notice of Procedural Safeguards

School districts are required to provide parents with a written copy of the procedural safeguards at least one time per year. However, there are several other times during the course of a school year that a parent must receive a copy of their procedural safeguards including;

• Parent requests a copy

• An evaluation is initially requested

• Each time an assessment plan is given to a parent for the purpose of evaluating a child

• Due process claim is filed

• Decision is made that constitutes a change of placement

Protections Afforded Parents Under the Procedural Safeguards

Parents of children with disabilities are afforded several basic rights under the procedural safeguards. These rights include;

• The right to participate in the decisions made pertaining to your child’s education

• Receipt of prior written notice for changes in your child’s identification, assessment, or educational placement in special education

• Consent to special education services, assessments and contents of the IEP

• To refuse consent for special education services

• Fair and unbiased educational assessments

• Independent Educational Assessments

• Access to all educational records

• The right to Stay Put in the current educational setting in the event that a dispute arises regarding the same

• Resolution, Mediating and Hearing processes to address disputed issues

• To file a complaint against your district

• To be fully informed regarding disciplinary issues

• To be fully informed about the special education rights of children who attend private schools