Procedural Safeguards Notice

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Procedural Safeguards Notice

What is the purpose of the procedural safeguards notice?
The purpose of the procedural safeguards notice is simple: to inform parents completely about the procedural safeguards available under IDEA. These represent their rights as parents and the protections they have—and their child as well—under the law and its implementing regulations.

When can you expect to receive the procedural safeguards notice?
IDEA states that schools must send the procedural safeguards notice to the parents only one time a school year, except that schools must also give a copy to parents:

  • in their child’s initial referral for evaluation under IDEA, or when the parents ask for such an evaluation of their child;

  • the first time in the school year that a State complaint is filed and when the first due process complaint is received in a school year;

  • in accordance with the discipline procedures en §300.530(h); and

  • when a parent requests a copy of the procedural safeguards notice.

What does the procedural safeguards notice contain?
The procedural safeguards notice must include a complete explanation of all the safeguards available under IDEA related to:

  • Independent educational evaluations

  • Prior written notice

  • Parental consent

  • Access to student education records

  • The opportunity to present and resolve complaints through procedures for due process complaint and for State complaints,  including–

–the timeline for filing a complaint;

–the opportunity for the school system to resolve the complaint; and

–the differences between the scope of the two procedures such as their jurisdiction or authority, issues covered, filing and decisional timelines, and relevant procedures;

  • The availability of mediation;

  • The child’s placement during the pendency of any due process complaint;

  • Procedures for students who are subject to placement in an interim alternative educational setting;

  • Requirements for unilateral placement by parents of children in private schools at public expense;

  • Due process hearings, including requirements for disclosure of evaluation results and recommendations;

  • Appeals at the State level (if applicable in the State);

  • Civil actions, including the period of time in which to file such actions; and

  • Attorneys’ fees. [§300.504] In addition to providing this explicit information, the procedural safeguards notice must be written in understandable language.