Procedural Safeguards

Part C (Birth-Age 3)

Explanation

The procedural safeguards are a summary of due process rights that parents are entitled to. To comply with IDEA (34 C.F.R. 300.504) we must provide them to parents/guardians:

At least once per year
Upon initial referral or parent request for evaluation
Upon request by a parent
On the date the decision is made to change the placement of a child with a disability due to a violation of a code of student conduct
Upon receipt of the first state complaint to MDE in a school year
Upon receipt of the first due process complaint in a school year

The school is responsible for the parent/guardian's understanding of the content of the procedural safeguards. It is not sufficient to simply offer a copy to parents. The IFSP facilitator must verbally review essential pieces of information:

Parent/guardian participation in decision making
Written notice and consent/objection to proposals (including the dispute resolution process)
Records (i.e., confidentiality)

Example:

“Before we begin the meeting, I would like to offer you a copy of the Minnesota procedural safeguards. This packet explains the legal rights and protections you have as a parent of a child receiving special education.

I will summarize the essential parts of this document. The school team will tell you in writing about evaluations, services, and other actions for Jill. You will get notice before we take any action and you will have time to decide what you think is right for your child.

You and your child’s team will decide on services to help you accomplish the outcomes you want for Jill and your family. We will ask for your written permission for the services to begin. You do not have to agree to all the services. You can say no to some services and still get other services. You can change your mind about a service at any time.

If we are unable to agree through the individualized family support plan (IFSP) process, you may request mediation. You also have the right to view or request copies of Jill's school records. Before we proceed with the meeting, do you have any questions about your rights and protections?"

Procedural Safeguards Part C.pdf

Procedural Safeguards (Part C)

NOTE: Translated versions are available from MDE.

In addition to the Safeguards themselves, a summary (right) was created and published on the MDE website and was adapted from the National Early Childhood Technical Assistance System (NEC*TAS) from Assuring the Family’s Role on the Early Intervention Team: Explaining Rights and Safeguards (2002) (p.4) by J.L. Hurth and P.E. Goff.

Stapling a copy to the safeguards packet helps you remember the basic information that needs to be reviewed, and it also provides the parent(s) with a helpful summary.

SUMMARY OF YOUR PART C PROCEDURAL SAFEGUARDS (1).pdf

Summary of Part C Procedural Safeguards

Be Ready to Answer Questions

After your review, ask the parent/guardians if they have any questions.
- Take notes on any questions parents/guardians have using your meeting agenda.
- You must also have the parent initial the Record of Team Meeting indicating “Procedural Safeguards brochure given to parent.”
It is also helpful to make yourself available to the parent/guardian beyond the meeting if they have additional questions on the procedural safeguards.
If you have questions, as the meeting facilitator, regarding the procedural safeguards and sharing this information with parents, consult your building school psychologist for further information.

If evaluating both Part C and Part B:

You are required to follow all of the Procedural Safeguards for initial evaluations under each part, including separate Prior Written Notice and timelines.