Safeguards to ensure that the rights of children with disabilities and their parents are protected, that students with disabilities and their parents are provided with the information they need to make decisions about the provision of FAPE (free appropriate public education), and that procedures and mechanisms are in place to resolve disagreements between parties.
The following are the procedural safeguards described in P.L. 105-17 (IDEA '97):
Parents must receive prior written notice whenever an agency (A) proposes to initiate or change; or (B) refuses to initiate or change; the identification, evaluation , or educational placement of the child, in accordance with subsection (c), or the provision of a free appropriate public education to the child;
Prior written notice must be in the native language of the parents
Prior written notice must include:
a description of the action proposed or refused by the agency;
an explanation of why the agency proposes or refuses to take the action;
a description of any other options that the agency considered and the reasons why those options were rejected;
a description of any other factors that are relevant to the agency's proposal or refusal
a statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained
sources for parents to contact to obtain assistance in understanding the provisions of this part
A copy of the procedural safeguards available to the parents of a child with a disability are given to parents, at a minimum (A) upon initial referral for evaluation; (B) upon each notification of an individualized education program meeting and upon reevaluation of the child; and (C) upon registration of a complaint under subsection (b)(6).
Procedural Safeguards Contents
Relating to:
independent educational evaluation
prior written notice
parental consent
access to educational records
opportunity to present complaints
the child's placement during pendency of due process proceedings
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
mediation
due process hearings, including requirements for disclosure of evaluation results and recommendations
state-level appeals
civil actions
attorneys' fees