Basics of Special Education: Procedural Safeguards

Procedural Safeguards

What rights do families have regarding special education services?

		Procedural Safeguards Manual for Parents

		Parental Rights in Special Education

		Parental Rights in Special Education

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A parent's rights to procedural safeguards and due process options is complied in a booklet produced at the state level. Procedural safeguards must be reviewed and a booklet provided to the parent:

upon initial referral for evaluation,
at least one time each year,
upon reevaluation of the child, and
upon receipt of a request for a due process hearing.

Procedural Safeguards include:

Right to written notice.
Right to consent.
Right to dispute or disagree with school and district actions.
Right to due process including mediation, appeals or court actions.
It is the school's responsibility to pursue evaluation by using a preappeal conference, mediation procedure or a due process hearing.

Written Prior Notice

Written prior notice is the notice a school must provide to parents when it proposes to initiate or change the identification, evaluation, or educational services of their child. Written prior notice ensures an opportunity for parental participation in each IEP decision-making process regarding their child. It provides parents a reasonable time period (10 days) to support or appeal a decision made by the IEP team. The parents may choose to allow the proposed change(s) to occur as soon as possible without a waiting period.

It is also provided when a parent's request to initiate or change the identification, evaluation, or educational services of their child is refused. [Action Refused]

Documentation of written prior notice requires written response to five points of discussion by the IEP team:

A description of the action proposed or refused.
An explanation of why the school proposes or refuses to take the action.
A description of any other options the school considered and the reasons why those options were rejected.
A description of each evaluation procedure, test, record, or report the school used as a basis for the proposed or refused action.
A description of any other factors that are relevant to the school's proposal or refusal.

Transfer of Parental Rights at Age of Majority

Rights will transfer at age 18 or upon marriage from the parents to the "eligible individual." Beginning one year before the individual reaches age 18 the IEP shall include a statement that the eligible individual has been informed of their rights under this rule. §300.517

The Basics of Special Education