Procedural Safeguards

Legal rights for parents are an important part of special education.

The terms Parent and Native Language as defined by IDEA.

Parents must be given this document at least once a year by the school district.

Written notice from the school of certain decisions or actions affecting your child.

The law states that notice must contain certain information.

If the school refuses a request, the parent may ask for Written Notice of Refusal.

Consent must be in writing and must be informed consent.

Consent is voluntary and can be revoked at any time.

The school may request due process if parent refuses consent.

A school may review existing data as part of a student’s evaluation or reevaluation without parental consent.

A parent may request an IEE at school’s expense, if they disagree with an evaluation.

The school may request a due process hearing to show that its evaluation is appropriate

The parent and school make decisions through group meetings called ARDs.

The parent is a required and important member of their child’s ARD committee.

Parents must be given prior written notice of a scheduled ARD meeting.

The notice must be given to the parent in a way that is understandable.

An ARD committee must meet at least once a year for an annual ARD meeting.

Resolving disagreements between a parent and an ARD committee.

School transfer options for siblings of students with disabilities.

If behavior interferes with learning, the use of PBIS must be considered.

Schools are not prohibited from reporting a crime committed by a student with a disability.

If a student violates the code of conduct, the school may remove him/her from their current placement.

If conduct is a manifestation of the disability, a BIP must be implemented.

Special circumstances for a student possessing a weapon, illegal drugs or inflicting serious bodily injury.

If not a manifestation of a disability, student can be disciplined in the same manner as non-disabled students.

A student who is not yet eligible for special education has all the rights and protections that a student with a disability would have under federal law…

State law provides for additional rules to protect the safety of students with disabilities.

Parents have the right to have the confidentiality of their student ’s records protected by the school.

Students with disabilities attending private schools, must be identified, located, and evaluated.

The rights of a student with a disability in a private school depend on the student’s age.

For students ages 3 and 4 with a disability, the parents have the right to dual enrollment.

When a student becomes 18, all parental rights transfer to the student.

Parents have the right to ask for assistance if they have disagreements with the school.

The goal of mediation is to assist the parent and the school in reaching an agreement that satisfies both.

A parent may send a complaint to the TEA, if they believe the school has violated a special education requirement.

Burden of proof that the school violated a special education requirement rests on the parent, if they requested the hearing.

New regulations require that there be a resolution session before a due process hearing is held.

During a due process hearing, the student generally must remain in the current education placement…

The parent has the right to bring an attorney and people with special knowledge about students with disabilities.

Special rules apply, if the hearing involves a request for reimbursement for the cost of private schooling.

The last page of the Notice of Procedural Safeguards provides important contact information.