The Procedural Safeguards Notice is a document detailing the parental and student rights established under IDEA. The procedural safeguards address parent rights throughout the IEP process and provide information on dispute resolution options.
MCPS shall provide the parent with a copy of the Parental Rights—Maryland Procedural Safeguards Notice to the parents/guardians of a student with a disability at least once a year. In addition, a copy of the procedural safeguards also shall be given to the student's parents/guardians on:
Initial referral;
Parental request for evaluation;
Receipt of an individual's first State complaint in the school year;
The parent's first due process complaint in a school year;
In accordance with discipline procedures; and
Upon parental request.
“Native language” means the language normally used by an individual who is limited English proficient, or the language normally used by the parent of the student in all direct contact with a child (including evaluation of the child), the language normally used by the child in the home or learning environment. For an individual with deafness or blindness, or for an individual with no written language, the mode of communication is that which is normally used by the individual (such as sign language, Braille, or oral communication).
The Procedural Safeguards Notice must be provided in the native language and meet the following requirements:
Written in language understandable to the general public; and
Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so.
If the native language or other mode of communication of the parent is not a written language, the public agency must take steps to ensure—
That the notice is translated orally or by other means to the parent in their native language or other mode of communication;
That the parent understands the content of the notice; and
That there is written evidence that the requirements in paragraphs (c)(2)(i) and (ii) of this section have been met.
MCPS must ensure that the following information is provided to a parent/guardian in their native language, or other mode of communication, unless it is clearly not feasible to do so:
Parental consent for evaluation or reevaluation.
Parental consent for initiation of special education services.
Parental consent to excuse an IEP team member from an IEP team meeting when the team member’s area is being modified or discussed.
PWN whenever a local school system proposes or refuses to initiate or change the identification, evaluation, or educational placement of the student, or the provision of FAPE to the student.
Notice that fully informs parents of the requirements regarding the confidentiality of personally identifiable information; and
Notice of Parental Rights—Maryland Procedural Safeguards.
Assessments and other evaluation materials used to assess a student, on the other hand, must be provided and administered (including directions) in the student’s native language, or other mode of communication, and in the form most likely to yield accurate information on what the student knows and can do, unless it is clearly not feasible to do so. [34 C.F.R. §§ 300.321(e)(2); 300.304(c)(ii); 300.503(c); 300.504(d); 300.612(a)(1)].
Within 30-calendar days of a parent request, Maryland law requires the following documents be translated if more the 1 percent of the student population speaks the language in which the parent has requested the documents be translated:
Completed Individualized Family Service Plan (IFSP) and completed IEP);
Information about mediation; and
Information about early intervention and special education family support services.
A “completed” IFSP or IEP is the final version that parents/guardians would receive to for signature. Any amendment to a completed IFSP or IEP also is subject to these requirements. Only the amended part(s) of the IEP require translation if the IFSP or IEP has already been translated in its entirety.
If, during an IEP team meeting, a parent disagrees with the child's IEP or the special education services provided to the child, the IEP team shall provide the parent with, in plain language:
An oral and a written explanation of the parent's right to request mediation;
Contact information, including a telephone number that a parent may use to receive more information about the mediation process; and
Information regarding pro bono representation and other free or low-cost legal and related services available in the area.
At the initial evaluation meeting and upon request at any subsequent meeting, MCPS must provide the parent/guardian with written information that the parents/guardians may use to contact early intervention and special education family support services staff members within the local school system and a brief description of the services provided by the staff members. If a parent’s/guardian’s native language is not English, this information must be provided in the parent’s/guardian’s native language, regardless of whether it is spoken by a particular percentage of the local school system population.
For additional information, please refer to the MSDE Technical Assistance Bulletin #17-04, Native Language.
Legal Authority
34 C.F.R. 300.29; 34 C.F.R. 300.503(c); 34 C.F.R. 300.504; COMAR 13A.05.01.11,