Parent's Rights in Special Education (Procedural Safeguards)

The reauthorization of the Individuals with Disabilities Education Improvement Act of 2004 retained important procedures which local education agencies (LEAs) must use when evaluating eligibility for special education services, when developing or changing a child’s Individualized Education Program (IEP), or when attempting to resolve serious disputes regarding special education issues. These procedures are sometimes referred to as “procedural safeguards” or “parent rights.” The procedural safeguards specified in the IDEA were primarily designed to help LEAs and parents work together to develop effective educational programs for children with disabilities.

To ensure that parents have knowledge about their rights under the federal and state special education laws, districts are required to provide a copy of the Notice of Procedural Safeguards to the parents:

• Upon a referral or parent request for initial evaluation;


• At least one time in a school year
  (GCS service providers will provide a copy of the Procedural Safeguards with each Annual Review Notification of Meeting)


• First formal complaint or due process complaint filed in a school year;


• Upon a disciplinary removal from school that constitutes a change in placement; and


• Upon parent request.

Click here for a copy of the Procedural Safeguards (Parent Handbook to Special Education).

Click here for a Spanish version of the Procedural Safeguards (Parent Handbook to Special Education).