The federal regulations for IDEA 2004 include a section (Subpart E) called Procedural Safeguards. These safeguards are designed to protect the rights of parents and their child with a The federal regulations for IDEA 2004 include a section (Subpart E) calledProcedural Safeguards. These safeguards are designed to protect the disability and, at the same time,
These are not the only procedural safeguards under IDEA, but they are the most relevant to the majority of parents. Therefore, in this series of pages on IDEA’s procedural safeguards, we will explore only eight.
The right of parents to receive a complete explanation of all the procedural safeguards available under IDEA and the procedures in the state for presenting complaints
Confidentiality and the right of parents to inspect and review the educational records of their child
The right of parents to participate in meetings related to the identification, evaluation, and placement of their child, and the provision of FAPE (a free appropriate public education) to their child
The right of parents to obtain an independent educational evaluation (IEE) of their child
The right of parents to receive “prior written notice” on matters relating to the identification, evaluation, or placement of their child, and the provision of FAPE to their child
The right of parents to give or deny their consent before the school may take certain action with respect to their child
The right of parents to disagree with decisions made by the school system on those issues
The right of parents and schools to use IDEA’s mechanisms for resolving disputes, including the right to appeal determinations
The information contained on this website is not intended as legal advice but to provide a general understanding of the process from a purely educational perspective, as it pertains to special education for students with disabilities, parents of students with disabilities and attorneys who are new to special education practice.
if at all possible, a special education attorney should be engaged if there is a potential for special education due process litigation.
This website or links to articles is not intended to and should not be substituted for legal advice of any sort and should not be relied upon as legal advice. The information on this website should not be relied upon with the expectation of an automatic or even an improved chance of a prevailing party decision in a special education due process hearing, nor does it promise or warrant any particular result if the educational tips contained herein are followed whether they are used as written or used as modified by you or an attorney .
To attain legal advice as to the individual circumstances of your individual case, please consult with an attorney of your choice who is licensed in your state and knowledgeable about special education matters and the individualized history and facts of your particular case.