Due Process Procedures and Procedural Safeguards Notice
Due Process Procedures and Procedural Safeguards
When Congress enacted Public Law 94-142 as the Education for All Handicapped Children's Act in 1975, they included a system of procedural safeguards designed to protect the rights of children with disabilities and their parents.
The reauthorized Individuals with Disabilities Education Act (IDEA) was signed into law on Dec. 3, 2004, by President George W. Bush. The provisions of the Act became effective on July 1, 2005, with the exception of some of the elements pertaining to the definition of a “highly qualified teacher” that took effect upon the signing of the Act. The final regulations were published on August 14, 2006 by the Office of Special Education and Rehabilitative Services (OSERS).
Procedural Safeguards
Include the right to participate in all meetings, to examine all educational records, and to obtain an independent educational evaluation (IEE) of the child
Parents have the right to written notice when the school proposes to change or refuses to change the identification, evaluation or placement of a child.
Due Process Complaint – a document filed by a parent or a public agency to initiate an impartial due process hearing on matters relating to the identification, evaluation, or educational placement of a child with a disability, or the provision of a free appropriate public education (FAPE) to the child
Resolution Meeting – a meeting convened by the local educational agency (LEA), with the parent(s) and other relevant member(s) of the individualized education program (IEP) Team who have specific knowledge of the facts in the parent’s due process complaint
Mediation – a process conducted by a qualified and impartial mediator to resolve a disagreement between a parent and public agency
State Complaint – A signed, written document submitted to an SEA by an individual or organization that alleges that a public agency has violated a requirement of Part B of IDEA
source: U.S. Department of Education, Office of Special Education Programs
When Congress enacted Public Law 94-142 as the Education for All Handicapped Children's Act in 1975, they included a system of procedural safeguards designed to protect the rights of children with disabilities and their parents.
The reauthorized Individuals with Disabilities Education Act (IDEA) was signed into law on Dec. 3, 2004, by President George W. Bush. The provisions of the Act became effective on July 1, 2005, with the exception of some of the elements pertaining to the definition of a “highly qualified teacher” that took effect upon the signing of the Act. The final regulations were published on August 14, 2006 by the Office of Special Education and Rehabilitative Services (OSERS).
Procedural Safeguards
Include the right to participate in all meetings, to examine all educational records, and to obtain an independent educational evaluation (IEE) of the child
Parents have the right to written notice when the school proposes to change or refuses to change the identification, evaluation or placement of a child.
Due Process Complaint – a document filed by a parent or a public agency to initiate an impartial due process hearing on matters relating to the identification, evaluation, or educational placement of a child with a disability, or the provision of a free appropriate public education (FAPE) to the child
Resolution Meeting – a meeting convened by the local educational agency (LEA), with the parent(s) and other relevant member(s) of the individualized education program (IEP) Team who have specific knowledge of the facts in the parent’s due process complaint
Mediation – a process conducted by a qualified and impartial mediator to resolve a disagreement between a parent and public agency
State Complaint – A signed, written document submitted to an SEA by an individual or organization that alleges that a public agency has violated a requirement of Part B of IDEA
source: U.S. Department of Education, Office of Special Education Programs
IDEA Regulations - Due Process Procedures and Procedural Safeguards
IDEA Regulations
1. Specifies the timeline for filing a due process complaint.
2. Requires either party to provide notice to the other party.
3. Specifies timelines for actions related to receipt of a due process complaint.
4. Adds requirements for a resolution process.
5. Specifies the timelines for the resolution period and that participation is required.
6. Specifies the timelines for the commencement of due process hearings.
7. Specifies the requirements for resolution meeting agreements and enforceability of those agreements.
8. Provides that attorneys’ fees are not available for the resolution meetings required by 34 CFR 300.510.
9. Adds provisions regarding hearing officers.
10. Sets guidelines for issues raised at a due process hearing.
11. Specifies parameters for hearing officer decisions. 12. Specifies a timeline for bringing a civil action.
13. Adds provisions regarding the awarding of attorneys’ fees.
14. Clarifies that parents may file separate due process requests on additional issues.
15. Specifies requirements for expedited resolution meetings and due process hearings requested pursuant to 34 CFR
300.532 (appeal of discipline action).
source: U.S. Department of Education, Office of Special Education Programs
1. Specifies the timeline for filing a due process complaint.
2. Requires either party to provide notice to the other party.
3. Specifies timelines for actions related to receipt of a due process complaint.
4. Adds requirements for a resolution process.
5. Specifies the timelines for the resolution period and that participation is required.
6. Specifies the timelines for the commencement of due process hearings.
7. Specifies the requirements for resolution meeting agreements and enforceability of those agreements.
8. Provides that attorneys’ fees are not available for the resolution meetings required by 34 CFR 300.510.
9. Adds provisions regarding hearing officers.
10. Sets guidelines for issues raised at a due process hearing.
11. Specifies parameters for hearing officer decisions. 12. Specifies a timeline for bringing a civil action.
13. Adds provisions regarding the awarding of attorneys’ fees.
14. Clarifies that parents may file separate due process requests on additional issues.
15. Specifies requirements for expedited resolution meetings and due process hearings requested pursuant to 34 CFR
300.532 (appeal of discipline action).
source: U.S. Department of Education, Office of Special Education Programs
How does it benefit us?
Applications for Benefits: Due Process, Equal Protection, and the Right to Be Free from Arbitrary Procedures
by Vance, Virginia T
by Vance, Virginia T
Resources: Additional Information
Procedural Safeguards http://dese.mo.gov/divspeced/Compliance/Proc_Safe/index.html
The Office of Special Education Programs (OSEP) http://www2.ed.gov/about/offices/list/osers/osep/index.html
Q&A for Parents http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,6,
The Office of Special Education Programs (OSEP) http://www2.ed.gov/about/offices/list/osers/osep/index.html
Q&A for Parents http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,6,