PROCEDURAL SAFEGUARDS FOR SPECIAL EDUCATION

Understanding Parent Rights

IDEA guarantees parents of children with disabilities certain rights and protections, known as procedural safeguards which apply to all aspects of the special education processes. In Iowa, parents are informed of their rights and provided a copy of the Special Education Procedural Safeguards Manual for Parents at least once per school year.

Parent Participation

Meaningful parental participation in special education processes and decision making relies on effective communication between parents and public agencies. AEAs and LEAs must provide parents the opportunity to attend and participate in meetings where decisions regarding evaluation, educational placement, the provision of FAPE, and identification of their child is being addressed.

Parent Consent

AEA and school districts must obtain written parental consent prior to various special education processes, including evaluations, initial services and exchanging/releasing information. AEAs and districts have a duty to ensure a parent is fully informed of all information relevant to the activity for which consent is being sought.

Prior Written Notice

AEAs and LEAs must ensure parents are provided written notice of all proposed and/or refused changes in the evaluation, educational placement, provision of FAPE, and identification of their child as determined by the student’s IEP team. The Prior Written Notice (PWN) explains the actions and the rationale for the action(s) the pubic agency plans to implement to ensure a free, appropriate public education for the student.

Student Records

AEAs and school districts are legally mandated to create and maintain records for students eligible to receive special education services. AEAs and school districts must meet all requirements related to accessing, maintaining and destroying special education records.

Options for Resolving Disputes

At times, differences of opinion among individuals may exist regarding evaluation, eligibility, placement, and the provision of FAPE. AEA and LEA staff should make every attempt to resolve differences between individuals with differing opinions.

Unilateral Placement by Parents

IEP team members work collaboratively to determine the appropriate program and placement of a child with a disability to best meet the student’s needs. Nevertheless, a parent may make the unilateral decision to have their child with a disability attend a private school or facility. If so, it may be necessary for a court or administrative law judge (ALJ) to determine if the local district is responsible for any degree of reimbursement.

Accessing Public/Private Insurance

An AEA or LEA may use public or private insurance proceeds to pay for specific special education services as documented in a student’s IEP. Parents have the right to consent or refuse access to private or public insurance proceeds.