Chapter 4: Procedural Safeguards
Understanding and Exercising Your Legal Rights
Who is this for? This chapter is for parents who have officially requested that the school district evaluate their child for the presence of a disability -- and for parents who have already given the district permission to do so.
Why is this important? Once it has been established that a child will be evaluated, the school is required by law to give parents a copy of the "Procedural Safeguards Notice." This written document tells parents what legal rights they have in order to make sure that their child receives the services that he or she needs. When parents understand these rights, they can take action when necessary to ensure that the special education process is working in the best interests of their child.
What can parents do? Parents can contact the Parent Training and Information Center (PTI) in their state for a more detailed explanation of the Procedural Safeguards Notice.
Words and Terms to Know
Parent: A natural, adoptive or foster parent; an individual acting in the place of a natural or adoptive parent; an individual who is legally responsible for the child; a guardian; or a surrogate parent.
Prior Written Notice: A written notice that the school must provide to the parents of a student with a disability within a reasonable time if they wish to:
- Evaluate the student
- Determine whether the student is eligible for special education services
- Change the student's evaluation or educational placement or educational plan (IEP)
- Refuse the parents' request to evaluate their child or change their child’s educational plan (IEP) or placement.
Note: The IDEA Parent Guide was created to provide a basic understanding of the key requirements of the federal law under IDEA. The information presented here is not legal advice and should not be used as a legal resource.
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