PROCEDURAL SAFEGUARDS
REVISED 2021
Parental Consent
Parents’ consent or legal
guardians is needed before
any of the following take’s
place: Initial Evaluation is the
first time a child is testing to
see if he or she qualifies for
special education. Initial
Provision is to give consent
for a child to enter special
education classes after initial
evaluation has been
conducted. Parents or legal
·
guardians have the right to
decline special education
services for their child.
Reevaluation is testing a
child every three years to
requalify the child for special
education. Before an
educational placement can
be change. Providing the
child FAPE (Free Appropriate
Public Education)
Link to the Procedural
Safeguards online:
Rights of Parents and
Students: Procedural
Safeguards Notice (Links
to an external site.)
School Records and Meeting Confidentiality
Parents or legal guardians can The only people that have
look at their child’s records and access to the child’s files are
copies can be made. Parents people involved in the child
or legal guardians have the education. This includes special
right to request a certain paper education teachers, speech
or wording is removed out of teachers, physical therapist,
their child’s file. The school has occupational therapist, and the
the right to say they will not special education office. The
remove the information. The people who have access will
parents or legal guardians can keep the child’s information
write a letter and staple it to the confident and only discuss file
page in question, or file due information with the people
process (meeting) to have the who have access to the files.
information removed.
Independent Educational Evaluation
Parent or legal guardians can have his or her child re-evaluated
if they do not agree with the evaluation results of the evaluation
conducted by the school. The school will schedule a meeting
called due process to see if the schools’ results of the evaluation
were appropriate. Parents or legal guardians will need a written
letter to the hearing stating why he or she does not agree with
the result of the evaluation. If the people at the hearing find the
parents request is valid the school will pay for an independent
evaluation without the parents or legal guardians having to pay.
If the people at the hearing find the school is valid. Parents or
legal guardians still can have an independent evaluation
conducted. Let the schools know you want another evaluation by
an independent organization because the school may have a list
of different independent organization the school district will
accept the evaluation results from.