State and Federal Laws
Individuals with Disabilities Education Act (IDEA)
The Individuals with Disabilities Education Act (IDEA) is a law that makes available a free appropriate public education (FAPE) to eligible children with disabilities throughout the nation and ensures special education and related services to those children. The IDEA governs how states and public agencies provide early intervention, special education, and related services to more than 6.5 million eligible infants, toddlers, children, and youth with disabilities
Notice of Procedural Safeguards
The sample Indiana Department of Education Notice of Procedural Safeguards and Departamento de Educación de Indiana Aviso de Salvanguardias Procesales outlines the rights a parent of a child who has or may have a disability has under federal and state laws governing special education. A copy of these rights, also known as Procedural Safeguards, must be given to parents once each year and upon initial referral or request for evaluation, the filing of the first complaint or due process hearing during the school year, on the date of any disciplinary action constituting a change of placement, and at a parent’s request.
Article 7
511 IAC 7-32 through 49, commonly referred to "Article 7," contains Indiana's special education rules. Article 7 includes the most recent updates as of May 2019
Confidentiality
The Family Educational Rights and Privacy Act (FERPA), the Individuals with Disabilities Education Improvement Act (IDEA ’04) and Article 7 generally require the school to obtain parental consent before disclosing or releasing personally identifiable information from the student’s educational record. However, there are also a number of situations in which the school may release certain information about a student without obtaining written parental consent. In situations where the school may disclose information without consent, school personnel must make a reasonable attempt to notify the parent(s)/student of legal age with a copy of the information that was disclosed.
The parent(s) and students of legal age have the right to inspect and review the educational record. When the parent(s)/student of legal age make a request to inspect and review the record, the school must provide access to the record:
Without unnecessary delay;
Before any meeting regarding an IEP, interim alternative educational setting (IAES) or manifestation determination;
Before a resolution session or any due process hearing; and
Within 45 calendar days of the request.
In addition to looking at the student’s record, the parent(s)/student of legal age also have the right to:
Have information interpreted or explained by school personnel,
Have alternative arrangements or a copy of the record made if the originals would prevent the parent(s) from being able to inspect and review the record,
Have a representative inspect and review the record on behalf of the parent(s) or student of legal age, and
Receive a copy of the record for use in a pending due process hearing.
REMINDER: If the student’s parents are divorced, the non-custodial parent has the right to access the student’s educational record as long as the school has not received a court order terminating or restricting the parent’s authority to access the student’s educational record.