Notes on Procedural Safeguards in Special Education

Overview

• Notice of Procedural Safeguards: Outlines the rights of parents and children under IDEA and California Education Code.
• Applies to children with disabilities aged 3-21, and students who have reached 18.
• Required to be provided under specific circumstances, including assessments and complaints.

Key Concepts

• IDEA: Federal law ensuring FAPE to eligible children with disabilities.
• FAPE: Special education and related services provided at no cost to parents.
• IEP: Individualized Education Program detailing specific educational services.

Parent Participation

• Parents can participate in decision-making about their child’s education.
• Right to participate in IEP meetings and other matters related to FAPE.

Consent and Assessment

• Prior Written Notice: Must be given for proposed or refused changes in child's education.
• Parental Consent: Required for assessments and services initiation.
• Parents can revoke consent for services in writing.

Surrogate Parents

• Assigned if parents cannot be identified or located.

Assessment

• Must be non-discriminatory and in the child's native language.

Independent Educational Assessments

• Parents can request independent assessments at public expense if they disagree with district assessments.

Access to Records

• Parents have rights to inspect and review educational records.

Dispute Resolution

• Due Process Hearing: Available for disputes on identification, assessment, placement, or FAPE provision.
• Mediation & ADR: Voluntary methods to resolve disputes, not a prerequisite for due process.

School Discipline

• Students with disabilities may face disciplinary actions, but must still receive FAPE.

Private School Participation

• Parentally placed students in private schools may participate in special education.

State Complaints

• State compliance complaints can be filed for violations of special education laws.

Family Empowerment Centers

• Established to support families with children with disabilities.

Important Contact Information

• Office of Administrative Hearings and other organizations for additional resources.

Glossary

• ADR: Alternative Dispute Resolution
• CFR: Code of Federal Regulations
• EC: California Education Code
• FAPE: Free Appropriate Public Education
• IDEA: Individuals with Disabilities Education Act
• IEP: Individualized Education Program
• OAH: Office of Administrative Hearings
• SELPA: Special Education Local Plan Area
• USC: United States Code