Procedural Safeguards

The procedural safeguards are a summary of the due process rights that parents are entitled to.

To comply with IDEA (34 C.F.R. 300.504) we must provide them:

• 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

We must verbally review essential pieces of information:

It is not sufficient to simply offer a copy. The school is responsible for the parent's understanding of the procedural safeguards' contents:

1. Free and Appropriate Public Education (FAPE)

2. Least Restrictive Environment (LRE)

3. Parent/guardian participation in decision making

4. Written notice and consent/objection to proposals (including the dispute resolution process)

5. Records (i.e., confidentiality)

For 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. (1-2) Jill has the right to receive a free and appropriate public education within the least restrictive environment. This means that the school is legally obligated to propose a plan that will provide Jill with a reasonable opportunity to make meaningful progress while also providing her with as much access to non-disabled peers as we can. The school is not obligated to provide Jill with the best services possible or an opportunity superior to what other students receive. (3-4) We will provide you with written notice whenever we propose changes to Jill's programming. As her parent, you have the right to participate in those decisions and to consent or deny consent for any proposals. If you disagree with a proposal, we will participate in a dispute resolution process, which is a formal way of resolving disagreements between parents and schools. (5) 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?"

After your review, ask the parent if they have any questions. Take notes on any questions 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 beyond the meeting if they have additional questions on the procedural safeguards.

On the PWN, you will also need to fill in the date and your initials to show when the procedural safeguards were given.

Under the IDEA, school districts are required to provide a Free and Appropriate Public Education (FAPE) to students with disabilities.

IDEA defines FAPE as special education and related services that:

1. are provided at public expense, under public supervision and direction, and without charge;

2. meet the standards of the State educational agency (SEA), including IDEA Part B requirements;

3. include an appropriate preschool, elementary school, or secondary school education in the State involved; and

4. are provided in conformity with an IEP that meets the requirements of 34 CFR §§300.320 through 300.324.

Further, each child with a disability is entitled to receive FAPE in the least restrictive environment (LRE).

Because of line #4, FAPE includes compliance with several other statutes:

• 320. Definition of individualized education program

  • Key to Endrew F. (see below) this includes the requirement that the IEP must contain: "A statement of measurable annual goals, including academic and functional goals designed to—(A) Meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; and (B) Meet each of the child’s other educational needs that result from the child’s disability"

  • Additional requirements covered in this statute include, but are not limited to, the provision of special education services, related services, and supplementary aids and services (e.g., accommodations/modifications, assistive technology, paraprofessional support, and special transportation).

• 321. IEP Team

• 322. Parent participation

• 323. When IEPs must be in effect

• 324. Development, review, and revision of IEP

Endrew F. was a U.S. Supreme Court case decided in March of 2017. The Court's decision clarified the standard for determining whether a child’s IEP is sufficient to confer educational benefit on a child with a disability.

The Court's interpretation of IDEA clarified that school districts must "offer an IEP that is reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances."

The Court additionally emphasized the requirement that “every child should have the chance to meet challenging objectives." This is the standard that school districts will be held to in any future legal proceedings regarding the provision of special education services.