In Special Education

Developed by: The Center for Education Law, Policies & Practices at East Bay Educational Collaborative, Warren R.I. Copyright © 2009 East Bay Educational Collaborative. All rights reserved

Introduction to the use of this document

In the Individuals with Disabilities Education Improvement Act of 2004 (the reauthorized IDEA), the Congress required the U.S. Department of Education to publish and widely disseminate model forms, consistent with the requirements of the Act. [Part B of the IDEA] In doing so, the U.S. Department of Education provided model language each state or local school district can use to meet the requirement to notify parents of their procedural safeguards notice under the Act [IDEA}

This document incorporates the model language provided by the U.S. Department of Education in the model form that agency provides to states and local school districts. As instructed by the U. S. Department of Education in their model form, this document incorporates additional language to reflect state specific regulations and procedures as outlined in the Rhode Island Board of Regents Regulations for Elementary and Secondary Education Governing the Education of Children with Disabilities.

Summary of Procedural Safeguards Notice

The Procedural Safeguards Notice provided to parents must include a full explanation of all of the procedural safeguards available under 34 CFR 300.148, 34 CFR 300.151 through 34 CFR 300.153, 34 CFR 300.300, 34 CFR 300.502 through 34 CFR 300.503, 34 CFR 300.505 through 34 CFR 300.518, 34 CFR 300.520, 34 CFR 300.530 through 34 CFR 300.536, and 34 CFR 300.610 through 34 CFR 300.625 relating to—

  1. Independent Educational Evaluations (IEEs) (300.502) The right to request an independent educational evaluation to be paid for by the public school district if, under conditions explained in the procedural safeguards notice, the parent disagrees with an evaluation obtained by the public school district.

  2. Prior written notice. (300.503) The right for a parent to receive written prior notice before the public school district proposes to initiate or change or 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.

  3. Parental consent. (300.300) The obligation of the public school district to obtain parent consent prior to conducting:

    1. an initial evaluation

    2. the initial placement of the child in special education, and

    3. prior to a re-evaluation unless the public school district can demonstrate the parent failed to respond to attempts to secure the parent’s consent.

    4. Consent is also required before the public school district discloses personally identifiable information to parties not exempted from this requirement. (300.622)

  4. Access to educational records. (300.613) The right for a parent(s) to inspect and review any educational record relating to their child that is collected, maintained, or used by the public school district.

  5. Opportunity to present and resolve complaints (300. 151-153, see also 300.506-516) This section explains the due process complaint and state complaint procedures, including

    1. The time period in which to file a complaint;

    2. The opportunity for the agency to resolve the complaint; and

    3. The difference between the due process complaint and the State complaint procedures, including the jurisdiction of each procedures, what issues may be raised, filing and decisional timelines and relevant procedures

  6. The availability of mediation. (300.506) The right of both the parent and the public school district to have state mediation available to resolve complaints involving the special education of their child.

  7. The child's placement during pendency of due process proceedings. (300.518) This section explains where your child’s educational placement will be while a hearing takes place to decide the appropriateness of your child’s educational program.

  8. Procedures for students who are subject to placement in an interim alternative educational setting. (300. 530-537) This section explains what takes place should your child be placed in a program other than their current educational placement as a result of specific disciplinary infractions.

  9. Requirements for unilateral placement by parents of children in private schools at public expense. (300.148) This section explains what happens if you remove your child from public school and seek reimbursement for a private school placement.

  10. Hearings on due process complaints (300.507-515), This section explains the requirements for requesting a due process complaint including requirements for disclosure of evaluation results and recommendations, hearing rights, resolution meeting and timelines of the hearing.

  11. Civil actions, including the time period in which to file those actions. (300.516) This section explains your right to file an action in court.

  12. Attorney's fees. (300. 517) This section explains how and under what conditions you may be entitled to attorney fees if you file a legal action against the school district.

For further information, contact your local

School Administration Office of Special Education