Procedural Safeguards and Advocacy Issues

The document is broken down into ten sections.

1. Notice: This section explains that the parent has a right to receive a copy of the procedural safeguards. It also informs parents that they have a right to be notified in writing (in their first language) within a reasonable amount of time prior to any meeting regarding exceptional placement of their child. It also specifies what information must be contained in the notice.
2. Consent: In this section parents are informed that they must give written consent before their child is evaluated individually on any test other than those designated as standardized by the State and before a student can be placed in any exceptional education program for the first time. It also guarantees parents that if they refuse to sign, it will not interfere with the student’s basic right to attend school.
3. Meetings: Parents are informed that they have the right to attend and participate in any and all EP/IEP meetings regarding their child.
4. Independent Educational Evaluation: This states that parents have a right to take their child elsewhere for testing if they do not agree with the evaluation provided by the school. Depending on the situation, this alternate testing may be done at “public expense” or out of pocket. If it is at “public expense” the criteria, including location and qualifications of the examiner must be identical to those used by the school district. If it is out of pocket and the criteria meet the district’s specifications then the district must consider the results.
5. Records: Parents have the right to receive a copy of the evaluation report and other documents used to determine eligibility, request a list of educational records kept on their child and how access to them can be gained, and have a district person explain any and all items in the child’s records. This also states that the school district must protect the confidentiality of the records and can only release information with the parent’s written consent.

6. Hearings: If the parent and the district cannot come to consensus regarding the child’s education both have the right to request an impartial hearing. The procedures for requesting this hearing are also found in this section.
7. Administrative Law Judges: This section explains who the judge may be and explains that a list of qualified judges is available upon written request.
8. Due Process Hearing Rights: These are the rights to which both the parent and the district are entitled. They include the right to be accompanied by an attorney, present evidence, have the child attend the hearing, open the hearing to the public, etc.
9. Appeals of Due Process Hearings: If the parent or the district is not satisfied with the judge’s decision either one has the right to appeal within 30 days of the decision.
10. Placement During Due Process Hearings and Appeals: This states that the child is to stay in the current educational placement until due process is completed – unless both parties agree to another setting.

Every district is required to supply the parents of identified gifted students with a copy of their Procedural Guidelines – their legal rights. Whether your school district is using the document provided by the state or whether it has developed its own version, every time there is an official meeting with parents and school board personnel, this document is one of the required items. The ESE or Advanced Academics department and/or your LEA representative should have your district’s version on hand.

It is important for teachers to be familiar with the procedural safeguards. In the long run, it best serves the needs of the child and helps to guarantee the best placement.