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Parent Rights

 

When to Provide the Procedural Safeguards

The Individual with Disabilities Education Act (IDEA), the Federal law concerning the education of student with disabilities, requires schools to provide parents of a child with a disability with a notice containing a full explanation of the procedural safeguards available under the IDEA and U.S. Department of Education regulations.

Since July 1, 2005, IDEA and state regulations implementing IDEA, only requires the provision of procedural safeguards statement to be given to the parent one time per school year. In addition to the once a year requirement, they must be given to a parent:

  • Upon initial referral for evaluation;
  • On the date the decision is made to make a removal that constitutes a disciplinary change of placement;
  • Upon parental request for an additional copy;
  • And, upon the first occurrence of the filing of a due process hearing request or child complaint, at which time the Department of Elementary and Secondary Education (DESE) provides the procedural safeguards statement.

Procedural Safeguards provide parents with information on various aspects of special education so they can make informed decisions about their childs educational services.

Download Procedural Safeguards Notice document.