Special Education in The United States - Procedural Safeguards

Procedural Safeguards

Procedural safeguards are procedures in special education explained to a parent or guardian in order for them to be informed throughout the special education process. Typically they are presented at a team meeting, but can be provided sooner. They include:

  • Notice of procedural safeguards
Required content
  • Parental participation in process
Right to participate in all meetings, including identification, evaluation, placement, and all discussions regarding the educational plan.
  • Parent right to review all educational records
  • Parent right to an independent evaluation
  • Prior written notice
Prior written notice when a school proposes to initiate a service, conduct an evaluation, change a placement, or modify an IEP; or when the school refuses to provide a parent-requested service, identification, evaluation or change of placement or IEP
Content of prior written notice
  • Right to submit a complaint to SEA
  • Mediation
Voluntary mediation to be provided by SEA at no cost to parents
  • Impartial due process hearing

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