Understanding Procedural Safeguards

Sometimes special education can get overwhelming for both parents and teachers alike. Procedural safeguards measure the protection of the rights of a student with a disability for appropriate, fair education. Below you can find the key aspects of procedural safeguards, explaining their importance and how they empower parents to become active participants in the education of their child!

What Exactly Are Procedural Safeguards, Anyway?

Sometimes when advocating for our children, it feels like we are in the fight of our life. Think of procedural safeguards as a sword and shield. They’re a set of legal rights given under the Individuals with Disabilities Education Act  (IDEA). They ensure that your child has a fair shake in their education. These safeguards establish a framework so that the parents and the schools can work cooperatively. Where there is disagreement, they provide the right tools to resolve it.

Key Components of Procedural Safeguards

Below are the major factors of procedural safeguards that both parents and teachers should be aware of:

1. Your voice matters!🗣️ 

Before any assessments or new services start, schools need your written OK. You also get to be present at all the important meetings about your child's education. This participation is very necessary in individualizing the educational plan to the unique needs of the child.

2. All Access Pass 🎫

You have a right to review the educational record whenever you want.. If something doesn't look right, you can ask for changes especially if  any information is inaccurate or misleading..

3. You can get a second opinion! 🔍

If you don't agree with the school's evaluation, you can get an Independent Educational Evaluation (IEE) at the school's expense The results from an IEE must be considered by the school in making any of the child's education decisions, therefore adding another layer of input from independent experts.

4. No Surprises Please! 📝

Prior written notice must be given to you whenever the school, or other IEP team, proposes to initiate or change or refuses to initiate or change the identification, evaluation, or educational placement of a child. The proposed changes to the identification include the description of actions as well as options that are considered. The notice must include the reasons for the decision, data utilized in making the decisions, and procedures for obtaining a copy of the procedural safeguards..

5. Disagreements? We've Got Options

There are several procedural safeguards that assist in the resolution of the discrepancies between the parents and schools, which include:

• Mediation, which is a voluntary, informal process to assist parents and schools in resolving disputes without the need for a due process hearing. The process is assisted by an impartial third party to help the school and parents reach an amicable resolution.

• Due process hearings where parents may then argue their case before an independent hearing officer if they disagree with the decisions of the school concerning their child's education.

• State complaints that parents may file a complaint with the state education agency if they believe that the school has violated any of the several provisions of IDEA.

6. Stability is Key

While disputes or hearings are pending, the child would continue in their current educational placement, unless the parents and school willingly choose otherwise. This provision does not allow for a break or change in the education of the child while differences are sorted out. They will continue forward as legal adjustments are being made.

7. Transfer of Rights at Age of Majority 🎓

When a child reaches the age of majority, in most states 18 years*, all of the rights under IDEA transfer from the parents to the student, except for when the student has been adjudicated incompetent under state law. Parents must be informed when the child is approaching the age of majority so they are notified about their transfer of rights. 

Why Should You Care About Procedural Safeguards?

Procedural safeguards play key roles in the special education process by:

• empowering parents by aiding them in knowing and asserting their rights. This helps them become strong advocates in their child's needs regarding education, making sure they get the proper support and services.

• ensuring accountability by holding schools accountable for following through with IDEA regulations ensures that children with disabilities are being fairly and justly treated within the school setting.

• protecting parents, a better sense of collaboration is developed. Such protections facilitate openness in communication and the ability of parents and schools to work together. This helps develop a partnership focused on the best interests of the child.

• protecting the rights of children with disabilities to a Free Appropriate Public Education, which will be adapted to their needs

How Can Parents Use Procedural Safeguards?

Here are some practical ways through which parents can use procedural safeguards while supporting their child's education:

• Knowledge is Power 📚: Know your rights as a parent under IDEA and your state's specific regulations. Request a copy of the procedural safeguards notice from the school and read it through. Get to know it like the back of your hand!

• Communication is Key 💬: Keep open and regular communication with your child's teachers and special education team. Attend all the meetings pertaining to your child's education and be an active participant in the discussion and during decision-making.

• Document, Document, Document 📝: Maintain thorough documentation of all the communication, meetings, and educational documents pertaining to your child's education. Keep track of your problems and concerns and what actions have been taken toward a solution from the school. 

• Team Up 🤜🤛:  Consider joining forces with special education advocates or attorneys if you need backup. You are never alone in this journey, there are always people that will have your back.

• Find Your People 👥: Connect with other parents who are on the same journey. Share experiences, swap resources, and support each other! Be open about your experience, others just might relate.

Final Thoughts

Overall, one of the most essential elements of special education is procedural safeguards. These safeguards ensure that both parents and students have instruments and protections to work out effectively with the educational system. Parents who understand these safeguards and become active in the special education process can make sure that informed decisions are made and children get the best possible outcomes they can receive. Whether you are a parent new to the special education journey or you're an experienced advocate, remaining current on your rights and responsibilities under IDEA will best ensure that your child is provided the proper educational support and services necessary for their success now and far into the future. Remember, you're not alone in this journey. These procedural safeguards are your toolkit for ensuring your child gets the education they deserve.

* In Alabama, the age of majority is 19, Kentucky NA,  Maryland 21, Nebraska 19.