Chapter 4: Procedural Safeguards — Understanding and Exercising Your Legal Rights - Page 3

While these safeguards are complex and can be confusing, it is important when beginning the special education process to know and understand each of these provisions. These are powerful rights that protect your child's right to a free appropriate public education in the least restrictive environment and they should be fully considered and exercised by you. You are the best advocate for your child when you actively participate in the special education process.

Remember, details of these safeguards will vary from state to state, so it's a good idea to contact your state's Parent Training and Information Center for assistance in fully understanding your state's Procedural Safeguards Notice.

The U.S. Department of Education Web site has a model Procedural Safeguards Notice.

In the next chapter you'll learn about the formal evaluation process that must be conducted in order to determine eligibility for special education services under IDEA.

Additional Resource

If parents and schools are to be partners in the education of children with disabilities, clear communication is essential. Although the Individuals with Disabilities Education Act (IDEA) requires schools to tell parents about their rights under the law — referred to as "procedural safeguards notice" — in "understandable language," most are falling short of this requirement, says a study reported in the research journal Exceptional Children. Read this special report about the study and find out how your state's Procedural Safeguards Notice scored.

Table of Contents

• An Overview of IDEA Parent Guide
• Chapter 1: Pre-Referral Services
• Chapter 2: Response-to-Intervention
• Chapter 3: Referral/Request for Evaluation
• Chapter 4: Procedural Safeguards — Understanding and Exercising Your Legal Rights
• Chapter 5: Evaluation: Learning More About Your Child
• Chapter 6: Eligibility Determination: Determining Your Child's Need for Special Education
• Chapter 7: Individualized Education Programs (IEPs) — Developing Your Child's Education Plan
• Chapter 8: Transition — Planning Your Child's Future Success
• Chapter 9: Students in Private School: Understanding Your Child's Special Education Options
• Chapter 10: Student Discipline — Addressing Serious Behavior Issues and Concerns
• Chapter 11: Dispute Resolution Options — Understanding Your Options for Settling Disputes

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.

About the Author: Candace Cortiella is Director of The Advocacy Institute (www.AdvocacyInstitute.org), a nonprofit focused on improving the lives of people with disabilities through public policy and other initiatives. The mother of a young adult with learning disabilities, she lives in the Washington, D.C., area.