1. Procedural Safeguards
Digging Deeper

2. PARKING LOT
What is your major concern about verbally reviewing the Procedural Safeguards.
Use post-it note and place on Parking Lot.

3. When to Provide Procedural Safeguards
Upon initial referral or parent request for evaluation
Upon receipt of the first due process complaint in a school year
When a decision is made to take a disciplinary action that constitutes a change of placement
Upon parent request
Once per year at the annual IEP meeting

4. General Information
We will not hold a meeting without giving you notice in writing when we propose or refuse to do for your child regarding:
evaluation, identification, educational placement and provide a Free Appropriate Public Education
A copy of the Procedural Safeguards will be provided to you one time per year unless:
you request a copy, you request an evaluation, or you file a complaint.

5. Prior Written Notice
Must be provided to you with at least 10 school days prior to proposing or refusing to initiate change in identification, evaluation or change of placement.
Must be given in a language understandable to general public.
Must be given in your native language or primary mode of communication.

6.
You may choose to receive the following by Prior Written Notice Procedural Safeguards Notice Notices related to a due process complaint

7. Parent Consent
Definition: You must be given in native language or other mode of communication. You understand and agree in writing to that action. You understand your consent is voluntary. You understand you may withdraw your consent in writing at any time.

8. Revocation of Consent You may revoke consent at any time.
Your revocation must be in writing.
It is effective upon receipt by the school district.
School district must provide you with Prior Written Notice.
When received by the school district we:
may not continue to provide special education and related services
may not use mediation or due process procedures to obtain agreement or ruling
will not be in violation of FAPE
are not required to convene an IEP Team meeting or develop an IEP

9. Independent Educational Evaluations
You have the right to request an independent evaluation if in disagreement with the school district.
School district must (a) file due process or (b) provide an independent evaluation at public expense if examiner meets school district criteria.
You are entitled to only one independent evaluation per school district evaluation with which you disagree.

10. Confidentiality of Information
All information about your child is confidential.
You have access to all of your child’s educational records.
Copies of all reports are provided.
Multiple copies may be requested, but a fee may be charged.
You may request in writing to amend records.
District may change the information or inform you of refusal and advise you of the right to a hearing.

11. State Complaint & Dispute Resolution Procedures
In the event we cannot come to an agreement, you have the opportunity to present complaints through either: Written Administrative Complaint – Investigation of a complaint by TDOE/SPED Mediation – District makes mediation available to resolve disputes Due Process – Filing of a legal complaint by the school district or parent Civil Action – Filing of court case when either party does not agree with due process results Your presentation of a complaint needs to be in writing and your child will remain in their current educational placement. *These forms are attached to the end in the Procedural Safeguards.

12. Procedures When Disciplining Children With Disabilities
A change in placement exceeding 10 (cumulative or consecutive) school days requires an IEP Team manifestation meeting.
To determine manifestation:
Conduct was caused by direct relationship to child’s disability
Conduct was a direct result of the District’s failure to implement IEP
Zero Tolerance (Drugs, weapons or causing serious bodily injury), the district may change placement for 45 school days without your consent.

13. Placement During Appeals
IEP Team must determine Interim Alternative Educational Setting
Child remains in the Interim Alternative Educational Setting pending decision of the administrative law judge.

14. Unilateral Placement by Parents of Children in Private Schools at Public Expense
Parents must provide written notice 10 days prior to move to private placement.
IDEA does not require the school district to pay the cost of education if FAPE is provided.

15. Additional Information and Resources
In the back of the packet, you will find additional information and resources along with model forms for administrative complaints, mediation and due process.

17. Find a partner
Using the table of contents, each partner review a column
Present an explanation to your partner
Switch roles