It’s February; before we know it, summer will be here. For military families, that may mean a PCS. Sound familiar? Even though that might be months away, it’s time to get prepared and talk about Special Education Procedural Safeguards and Subpart E of The Individuals with Disabilities Education Improvement Act (IDEA) of 2004, a reauthorization of the IDEA.
For military families, especially families who move frequently, it is important to understand that each state presents its Procedural Safeguards in special education differently, and each state has its own set of procedures to follow if you disagree with something in your child’s Individualized Education Program (IEP).
As your child’s number one advocate and the person who knows your child best, you must understand your rights well.
What are Procedural Safeguards?
The title sounds intimidating, but you can think of Procedural Safeguards as your special education rights. Procedural Safeguards allow parents to participate in the development of their child’s IEP. I recommend that you take the time to review your Procedural Safeguards document, print it, highlight it, and tab it up! Please keep a copy in your PIP Special Education Binder for easy reference. If there is something in the Procedural Safeguards that you do not understand, do not be afraid to ask your special education team for an explanation!
A Few of These Procedural Rights Include:
- The right to receive information about procedural safeguards in your native language
- The right to receive prior written notice
- The right to participate in meetings and parental consent rights
- The right to request an independent educational evaluation
- The right to review your child’s education records and the right to confidentiality of records
- The right to use the state process to resolve disputes
- The right to request mediation and file state complaints
- Rights during disciplinary procedures for a student with disabilities
- Certain rights when your child is enrolled in a private school under specific circumstances
The Right to Receive an Explanation of all Procedural Safeguards
At a minimum, schools must provide parents with a copy of their Procedural Safeguards in their native language once a year during the annual IEP review.
Schools must also provide a copy when:
- A parent requests an evaluation or when it is time for a reevaluation.
- If a state or due process complaint is filed.
- If the child has been removed from school for 10 days or more for a disciplinary reason.
- Whenever a parent requests this information.
Understanding Prior Written Notice in Special Education
Prior Written Notice means the school must inform you in writing when initiating or changing your child’s educational program. Identification, evaluation, changes to the IEP, placement, provision of FAPE, and provision of services all require a Prior Written Notice.
Your Right to Access Educational Records
Did you know that you have the right to review your child’s educational records? The school must allow you to view those records no later than 45 calendar days from your request or sooner if the documents are required to prepare for an IEP meeting or hearing.
Parental Involvement in IEP Meetings
You have the right to attend all meetings regarding your child. You are an equal member of an IEP team, and what you think and say carries weight. Your opinion and insight into your child are critical. You have the right to request an IEP meeting at any time. You also have the right to give parental consent. Parent consent is required before your child is evaluated for services, begins services for the first time, or is reevaluated for special education services.
Requesting an Independent Educational Evaluation
You have the right to request an Independent Educational Evaluation (IEE) and have your child evaluated by someone who does not work for the public agency. Every state has guidelines and procedures to follow when requesting an independent educational evaluation, so read your Procedural Safeguards carefully to ensure you understand this process.
Dispute Resolution and Procedural Safeguards
You have the right to disagree with the school system, and specific guidelines are outlined in the Procedural Safeguards for state processes for resolving disputes.
Stay Informed: Review Your Procedural Safeguards
This February, make time to read the Procedural Safeguard book. Can’t find it? Ask for another copy! Or refer to the link below to see the Procedural Safeguards for your state. IDEA also requires that each state have at least one Parent Training and Information Center that provides parents with information about their rights under IDEA and other resources. Knowing your rights is the brightest of ideas! Lastly, Michelle Norman, Founder and Executive Director of Partners in PROMISE (PiP), wrote PiP’s own Bill of Rights. It includes reminders of your rights for IEP meetings, consent requirements, dispute and resolution procedures, and Free Appropriate Public Education (FAPE).
About the Author – Barbara Bratton
Barbara Bratton is a Certified Academic Language Therapist specializing in working with students with Dyslexia and Specific Learning Disabilities in reading. She has a Bachelor of Science in Elementary and Special Education and a Master of Education in Special Education and Multisensory Structured Language Education. She is a Special Education Mentor for Partners in PROMISE.
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