Special Education Department

PROCEDURAL SAFEGUARDS (Parents’ Rights)

Individuals With Disabilities Education Act

October 10, 2005

 Children with disabilities and their parents are afforded the procedural safeguards contained in the Individuals with Disabilities Education Act (IDEA), as amended in 2004.  The rights that are listed in this document are exercisable by parents of children with disabilities until those children reach the age of majority.  In Kentucky the age of majority is eighteen (18).  When a child reaches the age of majority, the rights listed here transfer to the child unless there has been a court determination of incompetence and the child has been given a legal guardian. 

NOTICE

The local education agency (LEA) shall give the parents of a child with a disability a copy of the procedural safeguards upon initial referral or request for evaluation, upon invitation of each Admissions and Release Committee (ARC) meeting, upon reevaluation of the child, upon the occurrence of the filing of the first written complaint or a due process hearing request, and upon request by the parent.

Parents of a child with a disability may choose to receive the procedural safeguards, prior written notice and notices required when a due process hearing is requested by electronic mail communication if the LEA (school district) makes that option available.

CONTENTS

The document shall contain a full explanation of the procedural safeguards, written in the native language of the parents (unless it clearly is not feasible to do so) and written in an easily understandable manner.  The document shall contain information on the following:

• parental opportunity to access and examine records and participate in meetings;
• independent educational evaluation;

3)   prior written notice;
4)   parental consent;

• the opportunity to present and resolve complaints, including
• the time period in which to make a complaint
• the opportunity for the LEA to resolve the complaint,
• the difference between the state-level written complaint and a due process hearing including the jurisdiction of each procedure, what issues may be raised, filing and decision timelines and relevant procedures;
• due process hearings, including requirements for disclosure of evaluation results and recommendations;
• state-level appeals; and
• the availability of mediation;
• the child’s placement during the pendency of due process proceedings;
• procedures for students who are subject to placement in an interim alternative educational setting;
• requirements when parents unilaterally place children in private schools;
• civil actions, including the time period in which to file such actions; and
• attorneys’ fees.

This information is described as follows:

1. Parental opportunity to examine records and to participate in meetings
2.  Independent Education Evaluation
3.  Prior Written Notice
4. Parental Consent
5.  The Opportunity to Present and Resolve Complaints
6.  The child’s placement during the pendency of due process proceedings
7.  Procedures for students who are subject to placement in an interim alternative educational setting
8.  Requirements when parents unilaterally place children in private schools
9.  Civil actions, including the time period in which to file such actions
10.  Attorneys’ fees