12. Procedural Safeguards

A copy of the Notice of Procedural Safeguards must be given to parents:

• Once each school year
• Upon initial referral (send with referral)
• Whenever parents request an assessment
• Whenever an assessment plan is sent to the parent
• Upon receipt of the first State complaint in a school year
• Upon receipt of the first due process complaint in a school year
• Upon decision by the school district to change the student’s placement because of a violation of a code of student conduct
• Each time parent requests a copy

For an initial assessment only, the case manager must send to parents a copy of the Procedural Safeguards with the Referral for Special Education, or at the latest, with the initial Assessment Plan. If District staff determines the student does not have an area of suspected disability and therefore will not be assessed, the Procedural Safeguards must be sent to the parent with the Prior Written Notice. The Due Process Office will send the Procedural Safeguards to parents who file a complaint or a request for a due process hearing.

note Although the Procedural Safeguards do not need to be provided to parents prior to every IEP meeting, the case manager should check with parents to ensure that they have received a copy of the Procedural Safeguards.  If the parents do not have a copy, the case manager must ensure that the parents receive one.

Parents should only be given copies of the full Procedural Safeguards that are found in the Forms/Link.  English, Spanish, Vietnamese, Tagalog, Somali and Cambodian versions of the Notice of Procedural Safeguards are available in Forms/Links.

12.1   Abbreviated Version of the Procedural Safeguards for Staff  Use During IEP Team Meetings

The following abbreviated version may be reviewed at IEP team meetings.  Parents have the right to:

1.        General Rights:
·         Receive a free appropriate public education (FAPE);
·         Remain in general education environment as much as possible;
·         Be served in least restrictive environment (LRE); and
·         Have copies of records provided within 5 business days of a request.

2.       Rights Related to Assessment:
·         Request assessment for eligibility for special education and related services;
·         Be provided an assessment plan or district’s written notification of refusal
to assess within 15 calendar days of request for assessment; and
·         Receive a copy of assessment results in writing.

3.       Rights Related to IEP:
·         Be notified prior to meeting of date, time, location and titles of attendees;
·         Be represented and provide information at the meeting;
·         Have an IEP team meeting to review assessment results within 60 calendar days of district’s receipt of signed assessment plan, excepting periods when school is not in session for
longer than 5 school days;
·         Obtain an independent educational evaluation (IEE) at district expense if the parent disagrees with assessment results;
·         Have the IEP reviewed at least annually;
·         Have a reevaluation for eligibility every 3 years;
·         Have an IEP team meeting within 30 calendar days of receipt of written request, excepting periods when school is not in session for longer than 5 school days;
·         Record an IEP on audio tape with 24 hour advanced notification; and
·         Have agreed upon services implemented within a reasonable time following the IEP team meeting.

4.       Rights Related to IEP Compliance:
·         File a complaint with the California Department of Education if the parent believes the district is not complying with the IEP.

5.       Rights Related to Disagreement with IEP:
·         File for a due process hearing if the parent disagrees with district offer of FAPE regarding identification, assessment or educational placement.