PROCEDURAL

SAFEGUARDS
NOTICE
(2016)

FOR STUDENTS WITH DISABILITIES

AND THEIR PARENTS

UNDER THE INDIVIDUALS WITH DISABILITIES

ACT
 PROCEDURAL SAFEGUARDS NOTICE
Dear Parent,

This document provides you with the required notice of the procedural safeguards available under the Individuals with Disabilities
Education Act (IDEA) and U.S. Department of Education regulations. The IDEA, the Federal law concerning the education of students
with disabilities, requires schools to provide the parent(s) of a child with a disability a notice containing a full explanation of the
procedural safeguards available. A copy of this notice must be given only one time per school year, except that a copy must also be
given:
(1) Upon initial referral or your request for evaluation;
(2) Upon receipt of your first State complaint and upon receipt of your first due process complaint in a school year;
(3) When a decision is made to take a disciplinary action against your child that constitutes a change of placement; and
(4) Upon your request.

Please contact the school district for more information on these rights:

Insert label here

For further explanation you may also contact:

Idaho Special Education Dispute Resolution, State Dept. of Education
P.O. Box 83720
Boise, ID 83720-0027
Phone: (208) 332-6914
Fax: (208) 334-2228
Web: www.sde.idaho.gov
Toll-free: (800) 432-4601
V/TT: (800) 377-3529

For further assistance in matters relating to dispute resolution, you may contact:
DisAbility Rights Idaho DisAbility Rights Idaho Idaho Parents Unlimited, Inc.
Boise Office Pocatello Office (IPUL)
4477 Emerald Street, 1246 Yellowstone Ave 4619 Emerald, Ste. E
Suite B-100 Suite A-3 Boise, ID 83702
Boise, ID 83706-2066 Pocatello, ID 83201-4374 Phone: (208) 342-5884
Phone: (208) 336-5353 Phone: (208) 232-0922 Toll-free: (800) 242-IPUL (4785)
Toll-free: (800) 632-5125 Toll-free: (866) 309-1589 V/TT: (208) 342-5884
Fax: (208) 336-5396 Fax: (208) 232-0938 Fax: (208) 342-1408
Web: disabilityrightsidaho.org Web: disabilityrightsidaho.org Web: ipulidaho.org

Idaho Legal Aid Services Idaho State Bar Association Wrightslaw Idaho Yellow Pages for Kids
1447 Tyrell Lane P.O. Box 895 Web: yellowpagesforkids.com/help/id.htm
Boise, ID 83706 Boise, ID 83701
Phone: (208) 336-8980 Phone (208) 334-4500
Fax: (208) 342-2561 Fax: (208) 334-4515
Web idaholegalaid.org Web: isb.idaho.gov

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 PROCEDURAL SAFEGUARDS NOTICE

GENERAL INFORMATION
PRIOR WRITTEN NOTICE 3. There is written evidence that the requirements in
34 CFR §300.503 paragraphs 1 and 2 have been met.
Notice
Your school district must give you written notice (provide you NATIVE LANGUAGE
certain information in writing), within a reasonable amount of 34 CFR §300.29
time before it: Native language, when used regarding an individual who has
1. Proposes to initiate or to change the identification, limited English proficiency, means the following:
evaluation, or educational placement of your child, or the 1. The language normally used by that person, or, in the
provision of a free appropriate public education (FAPE) to case of a child, the language normally used by the child's
your child; or parents;
2. Refuses to initiate or to change the identification, 2. In all direct contact with a child (including evaluation of the
evaluation, or educational placement of your child, or the child), the language normally used by the child in the home
provision of FAPE to your child. or learning environment.
For a person with deafness or blindness, or for a person with no
Content of notice written language, the mode of communication is what the person
The written notice must: normally uses (such as sign language, Braille, or oral
1. Describe the action that your school district proposes or communication).
refuses to take;
2. Explain why your school district is proposing or refusing to ELECTRONIC MAIL
take the action; 34 CFR §300.505
3. Describe each evaluation procedure, assessment, record, If your school district offers parents the choice of receiving
or report your school district used in deciding to propose or documents by e-mail, you may choose to receive the following
refuse the action; by e-mail:
4. Include a statement that you have protections under the 1. Prior written notice;
procedural safeguards provisions in Part B of IDEA; 2. Procedural safeguards notice; and
5. Tell you how you can obtain a description of the 3. Notices related to a due process complaint.
procedural safeguards if the action that your school district is
proposing or refusing is not an initial referral for evaluation; PARENTAL CONSENT - DEFINITION
6. Include resources for you to contact for help in 34 CFR §300.9
understanding Part B of IDEA; Consent
7. Describe any other options that your child's individualized Consent means:
education program (IEP) Team considered and the reasons 1. You have been fully informed in your native language or
why those options were rejected; and other mode of communication (such as sign language,
8. Provide a description of other reasons why your school Braille, or oral communication) of all information about the
district proposed or refused the action. action for which you are giving consent.
2. You understand and agree in writing to that action, and the
Notice in understandable language consent describes that action and lists the records (if any)
The notice must be: that will be released and to whom; and
1. Written in language understandable to the general public; 3. You understand that the consent is voluntary on your part
and and that you may withdraw your consent at any time.
2. Provided in your native language or other mode of If you wish to revoke (cancel) your consent after your child has
communication you use, unless it is clearly not feasible to do begun receiving special education and related services, you
so. must do so in writing. Your withdrawal of consent does not
If your native language or other mode of communication is not a negate (undo) an action that has occurred after you gave your
written language, your school district must ensure that: consent but before you withdrew it. In addition, the school district
1. The notice is translated for you orally or by other means in is not required to amend (change) your child’s education records
your native language or other mode of communication; to remove any references that your child received special
2. You understand the content of the notice; and education and related services after your withdrawal of consent.

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 PROCEDURAL SAFEGUARDS NOTICE
PARENTAL CONSENT There is one exception that you should know about. Ward of the
34 CFR §300.300 State does not include a foster child who has a foster parent who
Consent for initial evaluation meets the definition of a parent as used in IDEA.
Your school district cannot conduct an initial evaluation of your
child to determine whether your child is eligible under Part B of Parental consent for services
IDEA to receive special education and related services without Your school district must obtain your informed consent before
first providing you with prior written notice of the proposed action providing special education and related services to your child for
and obtaining your consent as described under the headings the first time.
Prior Written Notice and Parental Consent. The school district must make reasonable efforts to obtain your
Your school district must make reasonable efforts to obtain your informed consent before providing special education and related
informed consent for an initial evaluation to decide whether your services to your child for the first time.
child is a child with a disability. If you do not respond to a request to provide your consent for
Your consent for initial evaluation does not mean that you have your child to receive special education and related services for
also given your consent for the school district to start providing the first time, or if you refuse to give such consent or later revoke
special education and related services to your child. (cancel) your consent in writing, your school district may not use
Your school district may not use your refusal to consent to one the procedural safeguards (i.e., mediation, due process
service or activity related to the initial evaluation as a basis for complaint, resolution meeting, or an impartial due process
denying you or your child any other service, benefit, or activity, hearing) in order to obtain agreement or a ruling that the special
unless another Part B requirement requires the school district to education and related services (recommended by your child's
do so. IEP Team) may be provided to your child without your consent.
If your child is enrolled in public school or you are seeking to If you refuse to give your consent for your child to receive
enroll your child in a public school and you have refused to special education and related services for the first time, or if you
provide consent or failed to respond to a request to provide do not respond to a request to provide such consent or later
consent for an initial evaluation, your school district may, but is revoke (cancel) your consent in writing and the school district
not required to, seek to conduct an initial evaluation of your child does not provide your child with the special education and
by using the IDEA's mediation or due process complaint, related services for which it sought your consent, your school
resolution meeting, and impartial due process hearing district:
procedures. Your school district will not violate its obligations to 1. Is not in violation of the requirement to make a free
locate, identify and evaluate your child if it does not pursue an appropriate public education (FAPE) available to your child
evaluation of your child in these circumstances. for its failure to provide those services to your child; and
2. Is not required to have an individualized education
Special rules for initial evaluation of wards of the State program (IEP) meeting or develop an IEP for your child for
If a child is a ward of the State and is not living with his or her the special education and related services for which your
parent — consent was requested.
The school district does not need consent from the parent for an If you revoke (cancel) your consent in writing at any point after
initial evaluation to determine if the child is a child with a your child is first provided special education and related
disability if: services, then the school district may not continue to provide
1. Despite reasonable efforts to do so, the school district such services, but must provide you with prior written notice, as
cannot find the child’s parent; described under the heading Prior Written Notice, before
2. The rights of the parents have been terminated in discontinuing those services.
accordance with State law; or
3. A judge has assigned the right to make educational Parent’s Right to Object
decisions to an individual other than the parent and that Once you consent to the initial start of services, the school
individual has provided consent for an initial evaluation. district is not required to obtain your consent to make changes to
Ward of the State, as used in IDEA, means a child who, as the IEP. However, if you do not want the school district to
determined by the State where the child lives, is: implement the changes to the IEP, you must submit your
1. A foster child; objections in writing. Your written objections must either be
2. Considered a ward of the State under State law; or postmarked or hand-delivered to the school district within 10
3. In the custody of a public child welfare agency. days of receiving the written notice of the changes.
IDAPA 8.02.03.109.05a

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 PROCEDURAL SAFEGUARDS NOTICE
Parental consent for reevaluations resolution procedures (i.e., mediation, due process complaint,
Your school district must obtain your informed consent before it resolution meeting, or an impartial due process hearing) and is
reevaluates your child, unless your school district can not required to consider your child as eligible to receive
demonstrate that: equitable services (services made available to some parentally-
1. It took reasonable steps to obtain your consent for your placed private school children with disabilities).
child's reevaluation; and
2. You did not respond. INDEPENDENT EDUCATIONAL EVALUATIONS
If you refuse to consent to your child's reevaluation, the school 34 CFR §300.502
district may, but is not required to, pursue your child's General
reevaluation by using the mediation, due process complaint, As described below, you have the right to obtain an independent
resolution meeting, and impartial due process hearing educational evaluation (IEE) of your child if you disagree with the
procedures to seek to override your refusal to consent to your evaluation of your child that was obtained by your school district.
child's reevaluation. As with initial evaluations, your school If you request an independent educational evaluation, the school
district does not violate its obligations under Part B of IDEA if it district must provide you with information about where you may
declines to pursue the reevaluation in this manner. obtain an independent educational evaluation and about the
school district’s criteria that apply to independent educational
Documentation of reasonable efforts to obtain parental evaluations.
consent
Your school must maintain documentation of reasonable efforts Definitions
to obtain your consent for initial evaluations, to provide special Independent educational evaluation means an evaluation
education and related services for the first time, for a conducted by a qualified examiner who is not employed by the
reevaluation, and to locate parents of wards of the State for school district responsible for the education of your child.
initial evaluations. The documentation must include a record of Public expense means that the school district either pays for the
the school district’s attempts in these areas, such as: full cost of the evaluation or ensures that the evaluation is
1. Detailed records of telephone calls made or attempted and otherwise provided at no cost to you, consistent with the
the results of those calls; provisions of Part B of IDEA, which allow each State to use
2. Copies of correspondence sent to you and any responses whatever State, local, Federal, and private sources of support
received; and are available in the State to meet the requirements of Part B of
3. Detailed records of visits made to your home or place of the Act.
employment and the results of those visits.
Right to evaluation at public expense
Other consent requirements You have the right to an independent educational evaluation of
Your consent is not required before your school district may: your child at public expense if you disagree with an evaluation of
1. Review existing data as part of your child's evaluation or a your child obtained by your school district, subject to the
reevaluation; or following conditions:
2. Give your child a test or other evaluation that is given to all 1. If you request an independent educational evaluation of
children unless, before that test or evaluation, consent is your child at public expense, your school district must,
required from parents of all children. without unnecessary delay, either: (a) File a due process
The school district must develop and implement procedures to complaint to request a hearing to show that its evaluation of
ensure that your refusal to consent to any of these other your child is appropriate; or (b) Provide an independent
services and activities does not result in a failure to provide your educational evaluation at public expense, unless the school
child with a free appropriate public education (FAPE). Also, your district demonstrates in a hearing that the evaluation of your
school district may not use your refusal to consent to one of child that you obtained did not meet the school district’s
these services or activities as a basis for denying any other criteria.
service, benefit, or activity, unless another Part B requirement 2. If your school district requests a hearing and the final
requires the school district to do so. decision is that your school district’s evaluation of your child
If you have enrolled your child in a private school at your own is appropriate, you still have the right to an independent
expense or if you are home schooling your child, and you do not educational evaluation, but not at public expense.
provide your consent for your child's initial evaluation or your 3. If you request an independent educational evaluation of
child's reevaluation, or you fail to respond to a request to provide your child, the school district may ask why you object to the
your consent, the school district may not use its dispute evaluation of your child obtained by your school district.
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 PROCEDURAL SAFEGUARDS NOTICE
However, your school district may not require an explanation 2. You or your school district may present the evaluation as
and may not unreasonably delay either providing the evidence at a due process hearing regarding your child.
independent educational evaluation of your child at public
expense or filing a due process complaint to request a due Requests for evaluations by hearing officers
process hearing to defend the school district’s evaluation of If a hearing officer requests an independent educational
your child. evaluation of your child as part of a due process hearing, the
You are entitled to only one independent educational evaluation cost of the evaluation must be at public expense.
of your child at public expense each time your school district
conducts an evaluation of your child with which you disagree. School district criteria
If an independent educational evaluation is at public expense,
Parent-initiated evaluations the criteria under which the evaluation is obtained, including the
If you obtain an independent educational evaluation of your child location of the evaluation and the qualifications of the examiner,
at public expense or you share with the school district an must be the same as the criteria that the school district uses
evaluation of your child that you obtained at private expense: when it initiates an evaluation (to the extent those criteria are
1. Your school district must consider the results of the consistent with your right to an independent educational
evaluation of your child, if it meets the school district’s criteria evaluation).
for independent educational evaluations, in any decision Except for the criteria described above, a school district may not
made with respect to the provision of a free appropriate impose conditions or timelines related to obtaining an
public education (FAPE) to your child; and independent educational evaluation at public expense.

CONFIDENTIALITY OF INFORMATION
CONFIDENTIALITY OF INFORMATION NOTICE TO PARENTS
34 CFR §300.502 34 CFR §300.612
As used under the heading Confidentiality of Information: The State Educational Agency must give notice that is adequate
Destruction means physical destruction or removal of to fully inform parents about confidentiality of personally
personal identifiers from information so that the information is identifiable information, including:
no longer personally identifiable. 1. A description of the extent to which the notice is given in
Education records means the type of records covered the native languages of the various population groups in the
under the definition of ‘‘education records’’ in 34 CFR Part 99 State;
(the regulations implementing the Family Educational Rights 2. A description of the children on whom personally
and Privacy Act of 1974, 20 U.S.C. 1232g (FERPA)). identifiable information is maintained, the types of information
Participating agency means any school district, agency or sought, the methods the State intends to use in gathering the
institution that collects, maintains, or uses personally information (including the sources from whom information is
identifiable information, or from which information is gathered), and the uses to be made of the information;
obtained, under Part B of IDEA. 3. A summary of the policies and procedures that
participating agencies must follow regarding storage,
PERSONALLY IDENTIFIABLE disclosure to third parties, retention, and destruction of
34 CFR §300.32 personally identifiable information; and
Personally identifiable means information that includes: 4. A description of all of the rights of parents and children
(a) Your child's name, your name as the parent, or the name regarding this information, including the rights under the
of another family member; Family Educational Rights and Privacy Act (FERPA) and its
(b) Your child's address; implementing regulations in 34 CFR Part 99.
(c) A personal identifier, such as your child’s social security Before any major activity to identify, locate, or evaluate
number or student number; or children in need of special education and related services
(d) A list of personal characteristics or other information that (also known as “child find”), the notice must be published or
would make it possible to identify your child with reasonable announced in newspapers or other media, or both, with
certainty. circulation adequate to notify parents throughout the State of
these activities.

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ACCESS RIGHTS FEES
34 CFR §300.613 34 CFR §300.617
The participating agency must permit you to inspect and review Each participating agency may charge a fee for copies of
any education records relating to your child that are collected, records that are made for you under Part B of IDEA, if the fee
maintained, or used by your school district under Part B of IDEA. does not effectively prevent you from exercising your right to
The participating agency must comply with your request to inspect and review those records.
inspect and review any education records on your child without A participating agency may not charge a fee to search for or to
unnecessary delay and before any meeting regarding an retrieve information under Part B of IDEA.
individualized education program (IEP), or any impartial due
process hearing (including a resolution meeting or a hearing AMENDMENT OF RECORDS AT PARENT’S REQUEST
regarding discipline), and in no case more than 45 calendar days 34 CFR §300.618
after you have made a request. If you believe that information in the education records regarding
Your right to inspect and review education records includes: your child collected, maintained, or used under Part B of IDEA is
1. Your right to a response from the participating agency to inaccurate, misleading, or violates the privacy or other rights of
your reasonable requests for explanations and your child, you may request the participating agency that
interpretations of the records; maintains the information to change the information.
2. Your right to request that the participating agency provide The participating agency must decide whether to change the
copies of the records if you cannot effectively inspect and information in accordance with your request within a reasonable
review the records unless you receive those copies; and period of time of receipt of your request.
3. Your right to have your representative inspect and review If the participating agency refuses to change the information in
the records. accordance with your request, it must inform you of the refusal
The participating agency may presume that you have authority and advise you of your right to a hearing as described under the
to inspect and review records relating to your child unless heading Opportunity For a Hearing.
advised that you do not have the authority under applicable
State law governing such matters as guardianship, separation, OPPORTUNITY FOR A HEARING
and divorce. 34 CFR §300.619
The participating agency must, on request, provide you an
RECORD OF ACCESS opportunity for a hearing to challenge information in education
34 CFR §300.614 records regarding your child to ensure that it is not inaccurate,
Each participating agency must keep a record of parties misleading, or otherwise in violation of the privacy or other rights
obtaining access to education records collected, maintained, or of your child.
used under Part B of IDEA (except access by parents and
authorized employees of the participating agency), including the HEARING PROCEDURES
name of the party, the date access was given, and the purpose 34 CFR §300.621
for which the party is authorized to use the records. A hearing to challenge information in education records must be
conducted according to the procedures for such hearings under
RECORDS ON MORE THAN ONE CHILD the Family Educational Rights and Privacy Act (FERPA).
34 CFR §300.615
If any education record includes information on more than one RESULT OF HEARING
child, the parents of those children have the right to inspect and 34 CFR §300.620
review only the information relating to their child or to be If, as a result of the hearing, the participating agency decides
informed of that specific information. that the information is inaccurate, misleading or otherwise in
violation of the privacy or other rights of your child, it must
LIST OF TYPES AND LOCATIONS OF INFORMATION change the information accordingly and inform you in writing.
34 CFR §300.616 If, as a result of the hearing, the participating agency decides
On request, each participating agency must provide you with a that the information is not inaccurate, misleading, or otherwise in
list of the types and locations of education records collected, violation of the privacy or other rights of your child, it must inform
maintained, or used by the agency. you of your right to place in the records that it maintains on your
child a statement commenting on the information or providing
any reasons you disagree with the decision of the participating
agency.
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 PROCEDURAL SAFEGUARDS NOTICE
Such an explanation placed in the records of your child must:
1. Be maintained by the participating agency as part of the SAFEGUARDS
records of your child as long as the record or contested 34 CFR §300.623
portion is maintained by the participating agency; and Each participating agency must protect the confidentiality of
2. If the participating agency discloses the records of your personally identifiable information at collection, storage,
child or the challenged information to any party, the disclosure, and destruction stages.
explanation must also be disclosed to that party. One official at each participating agency must assume
responsibility for ensuring the confidentiality of any personally
CONSENT FOR DISCLOSURE OF PERSONALLY identifiable information.
IDENTIFIABLE INFORMATION All persons collecting or using personally identifiable information
34 CFR §300.622 must receive training or instruction regarding your State’s
Unless the information is contained in education records, and policies and procedures regarding confidentiality under Part B of
the disclosure is authorized without parental consent under the IDEA and the Family Educational Rights and Privacy Act
Family Educational Rights and Privacy Act (FERPA), your (FERPA).
consent must be obtained before personally identifiable Each participating agency must maintain, for public inspection, a
information is disclosed to parties other than officials of current listing of the names and positions of those employees
participating agencies. Except under the circumstances specified within the agency who may have access to personally
below, your consent is not required before personally identifiable identifiable information.
information is released to officials of participating agencies for
purposes of meeting a requirement of Part B of IDEA. DESTRUCTION OF INFORMATION
Your consent, or consent of an eligible child who has reached 34 CFR §300.624
the age of majority under State law, must be obtained before Your school district must inform you when personally identifiable
personally identifiable information is released to officials of information collected, maintained, or used under Part B of IDEA
participating agencies providing or paying for transition services. is no longer needed to provide educational services to your
If your child is in, or is going to go to, a private school that is not child.
located in the same school district you reside in, your consent The information must be destroyed at your request. However, a
must be obtained before any personally identifiable information permanent record of your child’s name, address, and phone
about your child is released between officials in the school number, his or her grades, attendance record, classes attended,
district where the private school is located and officials in the grade level completed, and year completed may be maintained
school district where you reside. without time limitation.

STATE COMPLAINT PROCEDURES

DIFFERENCES BETWEEN THE PROCEDURES FOR DUE decision within 45-calendar-days after the end of the resolution
PROCESS COMPLAINTS AND HEARINGS AND FOR STATE period, as described in this document under the heading
COMPLAINTS Resolution Process, unless the hearing officer grants a specific
The regulations for Part B of IDEA set forth separate procedures extension of the timeline at your request or the school district's
for State complaints and for due process complaints and request. The State complaint and due process complaint,
hearings. As explained below, any individual or organization may resolution and hearing procedures are described more fully
file a State complaint alleging a violation of any Part B below. The State Educational Agency must develop model forms
requirement by a school district, the State Educational Agency, to help you file a due process complaint and help you or other
or any other public agency. Only you or a school district may file parties to file a State complaint as described under the heading
a due process complaint on any matter relating to a proposal or Model Forms.
a refusal to initiate or change the identification, evaluation, or
educational placement of a child with a disability, or the provision ADOPTION OF STATE COMPLAINT PROCEDURES
of a free appropriate public education (FAPE) to the child. While 34 CFR §300.151
staff of the State Educational Agency generally must resolve a General
State complaint within a 60-calendar-day timeline, unless the Each State Educational Agency must have written procedures
timeline is properly extended, an impartial hearing officer must for:
hear a due process complaint (if not resolved through a 1. Resolving any complaint, including a complaint filed by an
resolution meeting or through mediation) and issue a written organization or individual from another State;
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 PROCEDURAL SAFEGUARDS NOTICE
2. The filing of a complaint with the State Educational particular State complaint; or (b) you and the school district
Agency; or other public agency involved voluntarily agree to extend
3. Widely disseminating the State complaint procedures to the time to resolve the matter through mediation or
parents and other interested individuals, including parent alternative means of dispute resolution, if available in the
training and information centers, protection and advocacy State.
agencies, independent living centers, and other appropriate 2. Include procedures for effective implementation of the
entities. State Educational Agency’s final decision, if needed,
including: (a) technical assistance activities; (b) negotiations;
Remedies for denial of appropriate services and (c) corrective actions to achieve compliance.
In resolving a State complaint in which the State Educational
Agency has found a failure to provide appropriate services, the State complaints and due process hearings
State Educational Agency must address: If a written State complaint is received that is also the subject of
1. The failure to provide appropriate services, including a due process hearing as described under the heading Filing a
corrective action appropriate to address the needs of the Due Process Complaint, or the State complaint contains
child (such as compensatory services or monetary multiple issues of which one or more are part of such a hearing,
reimbursement); and the State must set aside any part of the State complaint that is
2. Appropriate future provision of services for all children with being addressed in the due process hearing until the hearing is
disabilities. over. Any issue in the State complaint that is not a part of the
due process hearing must be resolved using the time limit and
procedures described above.
MINIMUM STATE COMPLAINT PROCEDURES If an issue raised in a State complaint has previously been
34 CFR §300.152 decided in a due process hearing involving the same parties (for
Time limit; minimum procedures example, you and the school district), then the due process
Each State Educational Agency must include in its State hearing decision is binding on that issue and the State
complaint procedures a time limit of 60 calendar days after a Educational Agency must inform the complainant that the
complaint is filed to: decision is binding.
1. Carry out an independent on-site investigation, if the State A complaint alleging a school district’s or other public agency’s
Educational Agency determines that an investigation is failure to implement a due process hearing decision must be
necessary; resolved by the State Educational Agency.
2. Give the complainant the opportunity to submit additional
information, either orally or in writing, about the allegations in FILING A STATE COMPLAINT
the complaint; 34 CFR §300.153
3. Provide the school district or other public agency with the An organization or individual may file a signed written State
opportunity to respond to the complaint, including, at a complaint under the procedures described above.
minimum: (a) at the option of the agency, a proposal to The State complaint must include:
resolve the complaint; and (b) an opportunity for a parent 1. A statement that a school district or other public agency
who has filed a complaint and the agency to agree voluntarily has violated a requirement of Part B of IDEA or its
to engage in mediation; implementing regulations in 34 CFR Part 300;
4. Review all relevant information and make an independent 2. The facts on which the statement is based;
determination as to whether the school district or other public 3. The signature and contact information for the party filing
agency is violating a requirement of Part B of IDEA; and the complaint; and
5. Issue a written decision to the complainant that addresses 4. If alleging violations regarding a specific child:
each allegation in the complaint and contains: (a) findings of (a) The name of the child and address of the residence
fact and conclusions; and (b) the reasons for the State of the child;
Educational Agency’s final decision. (b) The name of the school the child is attending;
(c) In the case of a homeless child or youth, available
Time extension; final decision; implementation contact information for the child, and the name of the
The State Educational Agency’s procedures described above school the child is attending;
also must: (d) A description of the nature of the problem of the
1. Permit an extension of the 60 calendar-day time limit only child, including facts relating to the problem; and
if: (a) exceptional circumstances exist with respect to a
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 PROCEDURAL SAFEGUARDS NOTICE
(e) A proposed resolution of the problem to the extent The party filing the State complaint must forward a copy of the
known and available to the party filing the complaint at complaint to the school district or other public agency serving the
the time the complaint is filed. child at the same time the party files the complaint with the State
The complaint must allege a violation that occurred not more Educational Agency.
than one year prior to the date that the complaint is received as
described under the heading Adoption of State Complaint
Procedures.

DUE PROCESS COMPLAINT PROCEDURES

FILING A DUE PROCESS COMPLAINT 3. The name of the child’s school;
34 CFR §300.507 4. If the child is a homeless child or youth, the child’s contact
General information and the name of the child’s school;
You or the school district may file a due process complaint on 5. A description of the nature of the problem of the child
any matter relating to a proposal or a refusal to initiate or change relating to the proposed or refused action, including facts
the identification, evaluation or educational placement of your relating to the problem; and
child, or the provision of a free appropriate public education 6. A proposed resolution of the problem to the extent known
(FAPE) to your child. and available to the complaining party (you or the school
The due process complaint must allege a violation that district) at the time.
happened not more than two years before you or the school
district knew or should have known about the alleged action that Notice required before a hearing on a due process
forms the basis of the due process complaint. complaint
The above timeline does not apply to you if you could not file a You or the school district may not have a due process hearing
due process complaint within the timeline because: until you or the school district (or your attorney or the school
1. The school district specifically misrepresented that it had district's attorney) files a due process complaint that includes the
resolved the issues identified in the complaint; or information listed above.
2. The school district withheld information from you that it
was required to provide you under Part B of IDEA. Sufficiency of complaint
In order for a due process complaint to go forward, it must be
Information for parents considered sufficient. The due process complaint will be
The school district must inform you of any free or low-cost legal considered sufficient (to have met the content requirements
and other relevant services available in the area if you request above) unless the party receiving the due process complaint
the information, or if you or the school district file a due process (you or the school district) notifies the hearing officer and the
complaint. other party in writing, within 15 calendar days of receiving the
complaint, that the receiving party believes that the due process
DUE PROCESS COMPLAINT complaint does not meet the requirements listed above.
34 CFR §300.508 Within five calendar days of receiving the notification that the
General receiving party (you or the school district) considers a due
In order to request a hearing, you or the school district (or your process complaint insufficient, the hearing officer must decide if
attorney or the school district's attorney) must submit a due the due process complaint meets the requirements listed above,
process complaint to the other party. That complaint must and notify you and the school district in writing immediately.
contain all of the content listed below and must be kept
confidential. Complaint amendment
Whoever files the complaint must also provide the State You or the school district may make changes to the complaint
Educational Agency with a copy of the complaint. only if:
1. The other party approves of the changes in writing and is
Content of the complaint given the chance to resolve the due process complaint
The due process complaint must include: through a resolution meeting, described under the heading
1. The name of the child; Resolution Process; or
2. The address of the child’s residence;

10
 PROCEDURAL SAFEGUARDS NOTICE
2. By no later than five days before the due process hearing MEDIATION
begins, the hearing officer grants permission for the changes. 34 CFR §300.506
If the complaining party (you or the school district) makes General
changes to the due process complaint, the timelines for the The school district must develop procedures that make
resolution meeting (within 15 calendar days of receiving the mediation available to allow you and the school district to resolve
complaint) and the time period for resolution (within 30 calendar disagreements involving any matter under Part B of IDEA,
days of receiving the complaint) start again on the date the including matters arising prior to the filing of a due process
amended complaint is filed. complaint. Thus, mediation is available to resolve disputes under
Part B of IDEA, whether or not you have filed a due process
Local educational agency (LEA) or school district response complaint to request a due process hearing as described under
to a due process complaint the heading Filing a Due Process Complaint.
If the school district has not sent a prior written notice to you, as
described under the heading Prior Written Notice, regarding Requirements
the subject matter contained in your due process complaint, the The procedures must ensure that the mediation process:
school district must, within 10 calendar days of receiving the due 1. Is voluntary on your part and the school district's part;
process complaint, send to you a response that includes: 2. Is not used to deny or delay your right to a due process
1. An explanation of why the school district proposed or hearing, or to deny any other rights provided under Part B of
refused to take the action raised in the due process IDEA; and
complaint; 3. Is conducted by a qualified and impartial mediator who is
2. A description of other options that your child's trained in effective mediation techniques.
individualized education program (IEP) Team considered and The school district may develop procedures that offer parents
the reasons why those options were rejected; and schools that choose not to use the mediation process, an
3. A description of each evaluation procedure, assessment, opportunity to meet, at a time and location convenient to you,
record, or report the school district used as the basis for the with a disinterested party:
proposed or refused action; and 1. Who is under contract with an appropriate alternative
4. A description of the other factors that are relevant to the dispute resolution entity, or a parent training and information
school district’s proposed or refused action. center or community parent resource center in the State; and
Providing the information in items 1-4 above does not prevent 2. Who would explain the benefits of, and encourage the use
the school district from asserting that your due process of, the mediation process to you.
complaint was insufficient. The State must keep a list of people who are qualified mediators
and know the laws and regulations relating to the provision of
Other party response to a due process complaint special education and related services. The State Educational
Except as stated under the sub-heading immediately above, Agency must select mediators on a random, rotational, or other
Local educational agency (LEA) or school district response impartial basis.
to a due process complaint, the party receiving a due process The State is responsible for the costs of the mediation process,
complaint must, within 10 calendar days of receiving the including the costs of meetings.
complaint, send the other party a response that specifically Each meeting in the mediation process must be scheduled in a
addresses the issues in the complaint. timely manner and held at a place that is convenient for you and
the school district.
MODEL FORMS If you and the school district resolve a dispute through the
34 CFR §300.509 mediation process, both parties must enter into a legally binding
The State Educational Agency must develop model forms to agreement that sets forth the resolution and:
help you to file a due process complaint and to help you and 1. States that all discussions that happened during the
other parties to file a State complaint. However, your State or the mediation process will remain confidential and may not be
school district may not require the use of these model forms. In used as evidence in any subsequent due process hearing or
fact, you can use the model form or another appropriate form, so civil proceeding (court case); and
long as it contains the required information for filing a due 2. Is signed by both you and a representative of the
process complaint or a State complaint. school district who has the authority to bind the school
district.
A written, signed mediation agreement is enforceable in any
State court of competent jurisdiction (a court that has the
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 PROCEDURAL SAFEGUARDS NOTICE
authority under State law to hear this type of case) or in a district The 45-calendar-day timeline for issuing a final due process
court of the United States. hearing decision, as described under the heading, Hearing
Discussions that happened during the mediation process must Decisions, begins at the expiration of the 30-calendar-day
be confidential. They cannot be used as evidence in any future resolution period, with certain exceptions for adjustments made
due process hearing or civil proceeding of any Federal court or to the 30-calendar-day resolution period, as described below.
State court of a State receiving assistance under Part B of IDEA. Except where you and the school district have both agreed to
waive the resolution process or to use mediation, your failure to
Impartiality of mediator participate in the resolution meeting will delay the timelines for
The mediator: the resolution process and due process hearing until the meeting
1. May not be an employee of the State Educational Agency is held.
or the school district that is involved in the education or care If after making reasonable efforts and documenting such efforts,
of your child; and the school district is not able to obtain your participation in the
2. Must not have a personal or professional interest which resolution meeting, the school district may, at the end of the 30-
conflicts with the mediator’s objectivity. calendar-day resolution period, request that a hearing officer
A person who otherwise qualifies as a mediator is not an dismiss your due process complaint. Documentation of such
employee of a school district or State agency solely because he efforts must include a record of the school district’s attempts to
or she is paid by the agency or school district to serve as a arrange a mutually agreed upon time and place, such as:
mediator. 1. Detailed records of telephone calls made or attempted
and the results of those calls;
RESOLUTION PROCESS 2. Copies of correspondence sent to you and any
34 CFR §300.510 responses received; and
Resolution meeting 3. Detailed records of visits made to your home or place of
Within 15 calendar days of receiving notice of your due process employment and the results of those visits.
complaint, and before the due process hearing begins, the If the school district fails to hold the resolution meeting within 15
school district must convene a meeting with you and the relevant calendar days of receiving notice of your due process complaint
member or members of the individualized education program or fails to participate in the resolution meeting, you may ask a
(IEP) Team who have specific knowledge of the facts identified hearing officer to begin the 45-calendar-day due process hearing
in your due process complaint. The meeting: timeline.
1. Must include a representative of the school district who
has decision-making authority on behalf of the school district; Adjustments to the 30-calendar-day resolution period
and If you and the school district agree in writing to waive the
2. May not include an attorney of the school district unless resolution meeting, then the 45-calendar-day timeline for the due
you are accompanied by an attorney. process hearing starts the next day.
You and the school district determine the relevant members of After the start of mediation or the resolution meeting and before
the IEP Team to attend the meeting. the end of the 30-calendar-day resolution period, if you and the
The purpose of the meeting is for you to discuss your due school district agree in writing that no agreement is possible,
process complaint, and the facts that form the basis of the then the 45-calendar-day timeline for the due process hearing
complaint, so that the school district has the opportunity to starts the next day.
resolve the dispute. If you and the school district agree to use the mediation process
The resolution meeting is not necessary if: but have not yet reached agreement, at the end of the 30-
1. You and the school district agree in writing to waive the calendar-day resolution period the mediation process may be
meeting; or continued until an agreement is reached if both parties agree to
2. You and the school district agree to use the mediation the continuation in writing. However, if either you or the school
process, as described under the heading Mediation. district withdraws from the mediation process during this
continuation period, then the 45-calendar-day timeline for the
Resolution period due process hearing starts the next day.
If the school district has not resolved the due process complaint
to your satisfaction within 30 calendar days of the receipt of the Written settlement agreement
due process complaint (during the time period for the resolution If a resolution to the dispute is reached at the resolution meeting,
process), the due process hearing may occur. you and the school district must enter into a legally binding
agreement that is:
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 PROCEDURAL SAFEGUARDS NOTICE
1. Signed by you and a representative of the school procedures that permit parties to seek enforcement of
district who has the authority to bind the school district; and resolution agreements.
2. Enforceable in any State court of competent jurisdiction Agreement review period
(a State court that has authority to hear this type of case) or If you and the school district enter into an agreement as a result
in a district court of the United States or by the State of a resolution meeting, either party (you or the school district)
Educational Agency, if your State has another mechanism or may void the agreement within 3 business days of the time that
both you and the school district signed the agreement.

HEARINGS ON DUE PROCESS COMPLAINTS

IMPARTIAL DUE PROCESS HEARING school district knew or should have known about the issue
34 CFR §300.511 addressed in the complaint.
General
Whenever a due process complaint is filed, you or the school Exceptions to the timeline
district involved in the dispute must have an opportunity for an The above timeline does not apply to you if you could not file a
impartial due process hearing, as described in the Due Process due process complaint because:
Complaint and Resolution Process sections. 1. The school district specifically misrepresented that it had
resolved the problem or issue that you are raising in your
Impartial hearing officer complaint; or
At a minimum, a hearing officer: 2. The school district withheld information from you that it
1. Must not be an employee of the State Educational Agency was required to provide to you under Part B of IDEA.
or the school district that is involved in the education or care
of the child. However, a person is not an employee of the HEARING RIGHTS
agency solely because he or she is paid by the agency to 34 CFR §300.512
serve as a hearing officer; General
2. Must not have a personal or professional interest that You have the right to represent yourself at a due process
conflicts with the hearing officer’s objectivity in the hearing; hearing (including a hearing relating to disciplinary procedures)
3. Must be knowledgeable and understand the provisions of or an appeal with a hearing to receive additional evidence, as
IDEA, Federal and State regulations pertaining to IDEA, and described under the subheading, Appeal of decisions;
legal interpretations of IDEA by Federal and State courts; impartial review. In addition, any party to a hearing has the
and right to:
4. Must have the knowledge and ability to conduct hearings, 1. Be accompanied and advised by an attorney and/or
and to make and write decisions, consistent with appropriate, persons with special knowledge or training regarding the
standard legal practice. problems of children with disabilities;
Each school district must keep a list of those persons who serve 2. Be represented at the hearing by an attorney;
as hearing officers that includes a statement of the qualifications 3. Present evidence and confront, cross-examine, and
of each hearing officer. require the attendance of witnesses;
4. Prohibit the introduction of any evidence at the hearing
Subject matter of due process hearing that has not been disclosed to the other party at least five
The party (you or the school district) that requests the due business days before the hearing;
process hearing may not raise issues at the due process hearing 5. Obtain a written, or, at your option, electronic, word-for-
that were not addressed in the due process complaint, unless word record of the hearing; and
the other party agrees. 6. Obtain written, or, at your option, electronic findings of fact
and decisions.
Additional disclosure of information
Timeline for requesting a hearing At least five business days prior to a due process hearing, you
You or the school district must request an impartial hearing on a and the school district must disclose to each other all
due process complaint within two years of the date you or the evaluations completed by that date and recommendations based

13
 PROCEDURAL SAFEGUARDS NOTICE
on those evaluations that you or the school district intend to use 2. Significantly interfered with your opportunity to participate
at the hearing. in the decision-making process regarding the provision of a
A hearing officer may prevent any party that fails to comply with free appropriate public education (FAPE) to your child; or
this requirement from introducing the relevant evaluation or 3. Caused your child to be deprived of an educational
recommendation at the hearing without the consent of the other benefit.
party. None of the provisions described above can be interpreted to
prevent a hearing officer from ordering a school district to
Parental rights at hearings comply with the requirements in the procedural safeguards
You must be given the right to: section of the Federal regulations under Part B of IDEA (34 CFR
1. Have your child present at the hearing; §§300.500 through 300.536).
2. Open the hearing to the public; and
3. Have the record of the hearing, the findings of fact and Separate request for a due process hearing
decisions provided to you at no cost. Nothing in the procedural safeguards section of the Federal
regulations under Part B of IDEA (34 CFR §§300.500 through
HEARING DECISIONS 300.536) can be interpreted to prevent you from filing a separate
34 CFR §300.513 due process complaint on an issue separate from a due process
Decision of the hearing officer complaint already filed.
A hearing officer’s decision on whether your child received a free
appropriate public education (FAPE) must be based on evidence Findings and decision provided to the advisory panel and
and arguments that directly relate to FAPE. general public
In matters alleging a procedural violation (such as “an The State Educational Agency or the school district, (whichever
incomplete IEP Team”), a hearing officer may find that your child was responsible for your hearing) after deleting any personally
did not receive FAPE only if the procedural violations: identifiable information, must:
1. Interfered with your child’s right to a free appropriate public 1. Provide the findings and decisions in the due process
education (FAPE); hearing or appeal to the State special education advisory
panel; and
2. Make those findings and decisions available to the public.

APPEALS
FINALITY OF DECISION; APPEAL; IMPARTIAL REVIEW 2. A copy of the decision is mailed to each of the parties.
34 CFR §300.514 A hearing officer may grant specific extensions of time beyond
Finality of hearing decision the 45-calendar-day time period described above at the request
A decision made in a due process hearing (including a hearing of either party (you or the school district).
relating to disciplinary procedures) is final, except that any party Each hearing must be conducted at a time and place that is
involved in the hearing (you or the school district) may appeal reasonably convenient to you and your child.
the decision by bringing a civil action, as described under the
heading Civil Actions, Including the Time Period in Which to CIVIL ACTIONS, INCLUDING THE TIME PERIOD IN WHICH
File Those Actions. TO FILE THOSE ACTIONS
34 CFR §300.516
TIMELINES AND CONVENIENCE OF HEARINGS AND General
REVIEWS Any party (you or the school district) who does not agree with
34 CFR §300.515 the findings and decision in the due process hearing (including a
The State Educational Agency must ensure that not later than 45 hearing relating to disciplinary procedures) has the right to bring
calendar days after the expiration of the 30-calendar-day period a civil action with respect to the matter that was the subject of
for resolution meetings or, as described under the sub-heading the due process hearing. The action may be brought in a State
Adjustments to the 30-calendar-day resolution period, not court of competent jurisdiction (a State court that has authority to
later than 45 calendar days after the expiration of the adjusted hear this type of case) or in a district court of the United States
time period: without regard to the amount in dispute.
1. A final decision is reached in the hearing; and

14
 PROCEDURAL SAFEGUARDS NOTICE
Time limitation If the due process complaint involves an application for initial
The party (you or the school district) bringing the action shall admission to public school, your child, with your consent, must
have 42 calendar days from the date of the decision of the be placed in the regular public school program until the
hearing officer to file a civil action. completion of all such proceedings.
IDAPA 08.02.03.109.05g If the due process complaint involves an application for initial
services under Part B of IDEA for a child who is transitioning
Additional procedures from being served under Part C of IDEA to Part B of IDEA and
In any civil action, the court: who is no longer eligible for Part C services because the child
1. Receives the records of the administrative proceedings; has turned three, the school district is not required to provide the
2. Hears additional evidence at your request or at the Part C services that the child has been receiving. If the child is
school district's request; and found eligible under Part B of IDEA and you consent for your
3. Bases its decision on the preponderance of the child to receive special education and related services for the
evidence and grants the relief that the court determines to be first time, then, pending the outcome of the proceedings, the
appropriate. school district must provide those special education and related
Under appropriate circumstances, judicial relief may include services that are not in dispute (those which you and the school
reimbursement of private school tuition and compensatory district both agree upon).
education services. If a hearing officer in a due process hearing conducted by the
State Educational Agency agrees with you that a change of
Jurisdiction of district courts placement is appropriate, that placement must be treated as
The district courts of the United States have authority to rule on your child’s current educational placement where your child will
actions brought under Part B of IDEA without regard to the remain while waiting for the decision of any impartial due
amount in dispute. process hearing or court proceeding.

Rule of construction ATTORNEYS’ FEES

Nothing in Part B of IDEA restricts or limits the rights, 34 CFR §300.517
procedures, and remedies available under the U.S. Constitution, General
the Americans with Disabilities Act of 1990, Title V of the In any action or proceeding brought under Part B of IDEA, the
Rehabilitation Act of 1973 (Section 504), or other Federal laws court, in its discretion, may award reasonable attorneys’ fees as
protecting the rights of children with disabilities, except that part of the costs to you, if you prevail (win).
before the filing of a civil action under these laws seeking relief In any action or proceeding brought under Part B of IDEA, the
that is also available under Part B of IDEA, the due process court, in its discretion, may award reasonable attorneys’ fees as
procedures described above must be exhausted to the same part of the costs to a prevailing State Educational Agency or
extent as would be required if the party filed the action under school district, to be paid by your attorney, if the attorney: (a)
Part B of IDEA. This means that you may have remedies filed a complaint or court case that the court finds is frivolous,
available under other laws that overlap with those available unreasonable, or without foundation; or (b) continued to litigate
under IDEA, but in general, to obtain relief under those other after the litigation clearly became frivolous, unreasonable, or
laws, you must first use the available administrative remedies without foundation; or
under IDEA (i.e., the due process complaint; resolution process, In any action or proceeding brought under Part B of IDEA, the
including the resolution meeting; and impartial due process court, in its discretion, may award reasonable attorneys’ fees as
hearing procedures) before going directly into court. part of the costs to a prevailing State Educational Agency or
school district, to be paid by you or your attorney, if your request
THE CHILD’S PLACEMENT WHILE THE DUE PROCESS for a due process hearing or later court case was presented for
COMPLAINT AND HEARING ARE PENDING any improper purpose, such as to harass, to cause unnecessary
34 CFR §300.518 delay, or to unnecessarily increase the cost of the action or
Except as provided below under the heading PROCEDURES proceeding (hearing).
WHEN DISCIPLINING CHILDREN WITH DISABILITIES, once a
due process complaint is sent to the other party, during the Award of fees
resolution process time period, and while waiting for the decision A court awards reasonable attorneys’ fees as follows:
of any impartial due process hearing or court proceeding, unless 1. Fees must be based on rates prevailing in the community
you and the State or school district agree otherwise, your child in which the action or proceeding arose for the kind and
must remain in his or her current educational placement.
15
 PROCEDURAL SAFEGUARDS NOTICE
quality of services furnished. No bonus or multiplier may be as a result of an administrative hearing or court action, and
used in calculating the fees awarded. also is not considered an administrative hearing or court
2. Attorneys’ fees may not be awarded and related costs may action for purposes of these attorneys’ fees provisions.
not be reimbursed in any action or proceeding under Part B The court reduces, as appropriate, the amount of the attorneys’
of IDEA for services performed after a written offer of fees awarded under Part B of IDEA, if the court finds that:
settlement is made to you if: 1. You, or your attorney, during the course of the action or
a. The offer is made within the time prescribed by Rule proceeding, unreasonably delayed the final resolution of the
68 of the Federal Rules of Civil Procedure or, in the case dispute;
of a due process hearing or State-level review, at any 2. The amount of the attorneys’ fees otherwise authorized to
time more than 10 calendar days before the proceeding be awarded unreasonably exceeds the hourly rate prevailing
begins; in the community for similar services by attorneys of
b. The offer is not accepted within 10 calendar days; and reasonably similar skill, reputation, and experience;
c. The court or administrative hearing officer finds that the 3. The time spent and legal services furnished were
relief finally obtained by you is not more favorable to you excessive considering the nature of the action or proceeding;
than the offer of settlement. or
Despite these restrictions, an award of attorneys’ fees 4. The attorney representing you did not provide to the
and related costs may be made to you if you prevail and school district the appropriate information in the due process
you were substantially justified in rejecting the settlement request notice as described under the heading Due Process
offer. Complaint.
3. Fees may not be awarded relating to any meeting of the However, the court may not reduce fees if the court finds that the
individualized education program (IEP) Team unless the State or school district unreasonably delayed the final resolution
meeting is held as a result of an administrative proceeding or of the action or proceeding or there was a violation under the
court action. procedural safeguards provisions of Part B of IDEA.
Fees also may not be awarded for a mediation as described
under the heading Mediation.
A resolution meeting, as described under the heading
Resolution Process, is not considered a meeting convened
PROCEDURES WHEN DISCIPLINING CHILDREN WITH DISABILITIES
AUTHORITY OF SCHOOL PERSONNEL Once a child with a disability has been removed from his or her
34 CFR §300.530 current placement for a total of 10 school days in the same
Case-by-case determination school year, the school district must, during any subsequent
School personnel may consider any unique circumstances on a days of removal in that school year, provide services to the
case-by-case basis when determining whether a change of extent required below under the sub-heading Services.
placement, made in accordance with the following requirements
related to discipline, is appropriate for a child with a disability Additional authority
who violates a school code of student conduct. If the behavior that violated the student code of conduct was not
General a manifestation of the child’s disability (see the subheading
To the extent that they also take such action for children without Manifestation determination) and the disciplinary change of
disabilities, school personnel may, for not more than 10 school placement would exceed 10 school days in a row, school
days in a row, remove a child with a disability who violates a personnel may apply the disciplinary procedures to that child
code of student conduct from his or her current placement to an with a disability in the same manner and for the same duration
appropriate interim alternative educational setting, another as it would to children without disabilities, except that the school
setting, or suspension. School personnel may also impose must provide services to that child as described below under
additional removals of the child of not more than 10 school Services. The child’s IEP Team determines the interim
days in a row in that same school year for separate incidents of alternative educational setting for such services.
misconduct, as long as those removals do not constitute a
change of placement (see the heading Change of Placement
Because of Disciplinary Removals for the definition).

16
 PROCEDURAL SAFEGUARDS NOTICE
Services 2. If the conduct in question was the direct result of the
The school district does not provide services to a child with a school district’s failure to implement the child's IEP.
disability or a child without a disability who has been removed If the school district, you, and other relevant members of the
from his or her current placement for 10 school days or less in child’s IEP Team determine that either of those conditions was
that school year. met, the conduct must be determined to be a manifestation of
A child with a disability who is removed from the child’s current the child’s disability.
placement for more than 10 school days and the behavior is If the school district, you, and other relevant members of the
not a manifestation of the child’s disability (see subheading, child’s IEP Team determine that the conduct in question was the
Manifestation determination) or who is removed under special direct result of the school district’s failure to implement the IEP,
circumstances (see the subheading, Special circumstances) the school district must take immediate action to remedy those
must: deficiencies.
1. Continue to receive educational services (have available a
free appropriate public education), so as to enable the child Determination that behavior was a manifestation of the
to continue to participate in the general education curriculum, child's disability
although in another setting (that may be an interim If the school district, you, and other relevant members of the IEP
alternative educational setting), and to progress toward Team determine that the conduct was a manifestation of the
meeting the goals set out in the child’s IEP; and child’s disability, the IEP Team must either:
2. Receive, as appropriate, a functional behavioral 1. Conduct a functional behavioral assessment, unless the
assessment, and behavioral intervention services and school district had conducted a functional behavioral
modifications, which are designed to address the behavior assessment before the behavior that resulted in the change
violation so that it does not happen again. of placement occurred, and implement a behavioral
After a child with a disability has been removed from his or her intervention plan for the child; or
current placement for 10 school days in that same school year, 2. If a behavioral intervention plan already has been
and if the current removal is for 10 school days in a row or less developed, review the behavioral intervention plan, and
and if the removal is not a change of placement (see definition modify it, as necessary, to address the behavior.
below), then school personnel, in consultation with at least one Except as described below under the sub-heading Special
of the child’s teachers, determine the extent to which services circumstances, the school district must return your child to the
are needed to enable the child to continue to participate in the placement from which your child was removed, unless you and
general education curriculum, although in another setting, and to the district agree to a change of placement as part of the
progress toward meeting the goals set out in the child’s IEP. modification of the behavioral intervention plan.
If the removal is a change of placement (see the heading,
Change of Placement Because of Disciplinary Removals), the Special circumstances
child’s IEP Team determines the appropriate services to enable Whether or not the behavior was a manifestation of your child’s
the child to continue to participate in the general education disability, school personnel may remove a student to an interim
curriculum, although in another setting (that may be an interim alternative educational setting (determined by the child’s IEP
alternative educational setting), and to progress toward meeting Team) for not more than 45 school days, if your child:
the goals set out in the child’s IEP. 1. Carries a weapon (see the definition below) to school or
has a weapon at school, on school premises, or at a school
Manifestation determination function under the jurisdiction of the State Educational
Within 10 school days of any decision to change the placement Agency or a school district;
of a child with a disability because of a violation of a code of 2. Knowingly has or uses illegal drugs (see the definition
student conduct (except for a removal that is for 10 school days below), or sells or solicits the sale of a controlled substance,
in a row or less and not a change of placement), the school (see the definition below), while at school, on school
district, you, and other relevant members of the IEP Team (as premises, or at a school function under the jurisdiction of the
determined by you and the school district) must review all State Educational Agency or a school district; or
relevant information in the student’s file, including the child’s 3. Has inflicted serious bodily injury (see the definition below)
IEP, any teacher observations, and any relevant information upon another person while at school, on school premises, or
provided by you to determine: at a school function under the jurisdiction of the State
1. If the conduct in question was caused by, or had a direct Educational Agency or a school district.
and substantial relationship to, the child’s disability; or

17
 PROCEDURAL SAFEGUARDS NOTICE
Definitions
Controlled substance means a drug or other substance APPEAL
identified under schedules I, II, III, IV, or V in section 202(c) of 34 CFR §300.532
the Controlled Substances Act (21 U.S.C. 812(c)). General
Illegal drug means a controlled substance; but does not include You may file a due process complaint (see the heading Due
a controlled substance that is legally possessed or used under Process Complaint Procedures) to request a due process
the supervision of a licensed health-care professional or that is hearing if you disagree with:
legally possessed or used under any other authority under that 1. Any decision regarding placement made under these
Act or under any other provision of Federal law. discipline provisions; or
Serious bodily injury has the meaning given the term ‘‘serious 2. The manifestation determination described above.
bodily injury’’ under paragraph (3) of subsection (h) of section The school district may file a due process complaint (see above)
1365 of title 18, United States Code. to request a due process hearing if it believes that maintaining
Weapon has the meaning given the term ‘‘dangerous weapon’’ the current placement of your child is substantially likely to result
under paragraph (2) of the first subsection (g) of section 930 of in injury to your child or to others.
title 18, United States Code.
Authority of hearing officer
Notification A hearing officer that meets the requirements described under
On the date it makes the decision to make a removal that is a the subheading Impartial hearing officer must conduct the due
change of placement of your child because of a violation of a process hearing and make a decision. The hearing officer may:
code of student conduct, the school district must notify you of 1. Return your child with a disability to the placement from
that decision, and provide you with a procedural safeguards which your child was removed if the hearing officer
notice. determines that the removal was a violation of the
requirements described under the heading Authority of
CHANGE OF PLACEMENT BECAUSE OF DISCIPLINARY School Personnel, or that your child’s behavior was a
REMOVALS manifestation of your child’s disability; or
34 CFR §300.536 2. Order a change of placement of your child with a disability
A removal of your child with a disability from your child’s current to an appropriate interim alternative educational setting for
educational placement is a change of placement if: not more than 45 school days if the hearing officer
1. The removal is for more than 10 school days in a row; or determines that maintaining the current placement of your
2. Your child has been subjected to a series of removals that child is substantially likely to result in injury to your child or to
constitute a pattern because: others.
a. The series of removals total more than 10 school days These hearing procedures may be repeated, if the school district
in a school year; believes that returning your child to the original placement is
b. Your child’s behavior is substantially similar to the substantially likely to result in injury to your child or to others.
child’s behavior in previous incidents that resulted in the Whenever you or a school district files a due process complaint
series of removals; and to request such a hearing, a hearing must be held that meets the
c. Of such additional factors as the length of each requirements described under the headings Due Process
removal, the total amount of time your child has been Complaint Procedures, Hearings on Due Process
removed, and the proximity of the removals to one Complaints, except as follows:
another. 1. The State Educational Agency or school district must
Whether a pattern of removals constitutes a change of arrange for an expedited due process hearing, which must
placement is determined on a case-by-case basis by the school occur within 20 school days of the date the hearing is
district and, if challenged, is subject to review through due requested and must result in a determination within 10
process and judicial proceedings. school days after the hearing.
2. Unless you and the school district agree in writing to waive
DETERMINATION OF SETTING the meeting, or agree to use mediation, a resolution meeting
34 CFR §300.531 must occur within seven calendar days of receiving notice of
The individualized education program (IEP) Team determines the due process complaint. The hearing may proceed unless
the interim alternative educational setting for removals that are the matter has been resolved to the satisfaction of both
changes of placement, and removals under the subheadings parties within 15 calendar days of receipt of the due process
Additional authority and Special circumstances. complaint.
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 PROCEDURAL SAFEGUARDS NOTICE
3. A State may establish different procedural rules for A school district would not be deemed to have such knowledge
expedited due process hearings than it has established for if:
other due process hearings, but except for the timelines, 1. You have not allowed an evaluation of your child or have
those rules must be consistent with the rules in this refused special education services; or
document regarding due process hearings. 2. Your child has been evaluated and determined to not
You or the school district may appeal the decision in an be a child with a disability under Part B of IDEA.
expedited due process hearing in the same way as for decisions
in other due process hearings (see the heading Appeal). Conditions that apply if there is no basis of knowledge
If prior to taking disciplinary measures against your child, a
PLACEMENT DURING APPEALS school district does not have knowledge that your child is a child
34 CFR §300.533 with a disability, as described above under the sub-headings
When, as described above, you or the school district file a due Basis of knowledge for disciplinary matters and Exception,
process complaint related to disciplinary matters, your child must your child may be subjected to the disciplinary measures that
(unless you and the State Educational Agency or school district are applied to children without disabilities who engage in
agree otherwise) remain in the interim alternative educational comparable behaviors.
setting pending the decision of the hearing officer, or until the However, if a request is made for an evaluation of your child
expiration of the time period of removal as provided for and during the time period in which your child is subjected to
described under the heading Authority of School Personnel, disciplinary measures, the evaluation must be conducted in an
whichever occurs first. expedited manner.
Until the evaluation is completed, your child remains in the
PROTECTIONS FOR CHILDREN NOT YET ELIGIBLE FOR educational placement determined by school authorities, which
SPECIAL EDUCATION AND RELATED SERVICES can include suspension or expulsion without educational
34 CFR §300.534 services.
General If your child is determined to be a child with a disability, taking
If your child has not been determined eligible for special into consideration information from the evaluation conducted by
education and related services and violates a code of student the school district, and information provided by you, the school
conduct, but the school district had knowledge (as determined district must provide special education and related services in
below) before the behavior that brought about the disciplinary accordance with Part B of IDEA, including the disciplinary
action occurred, that your child was a child with a disability, then requirements described above.
your child may assert any of the protections described in this
notice. REFERRAL TO AND ACTION BY LAW ENFORCEMENT AND
JUDICIAL AUTHORITIES
Basis of knowledge for disciplinary matters 34 CFR §300.535
A school district will be deemed to have knowledge that your Part B of IDEA does not:
child is a child with a disability if, before the behavior that 1. Prohibit an agency from reporting a crime committed by a
brought about the disciplinary action occurred: child with a disability to appropriate authorities; or
1. You expressed concern in writing to supervisory or 2. Prevent State law enforcement and judicial authorities
administrative personnel of the appropriate educational from exercising their responsibilities with regard to the
agency, or to your child’s teacher that your child is in need of application of Federal and State law to crimes committed by
special education and related services; a child with a disability.
2. You requested an evaluation related to eligibility for
special education and related services under Part B of IDEA; Transmittal of records
or If a school district reports a crime committed by a child with a
3. Your child’s teacher or other school district personnel disability, the school district:
expressed specific concerns about a pattern of behavior 1. Must ensure that copies of the child’s special education
demonstrated by your child directly to the school district’s and disciplinary records are transmitted for consideration by
director of special education or to other supervisory the authorities to whom the agency reports the crime; and
personnel of the school district. 2. May transmit copies of the child’s special education and
disciplinary records only to the extent permitted by the Family
Exception Educational Rights and Privacy Act (FERPA).

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 PROCEDURAL SAFEGUARDS NOTICE

REQUIREMENTS FOR UNILATERAL PLACEMENT BY PARENTS OF CHILDREN IN

PRIVATE SCHOOLS AT PUBLIC EXPENSE
GENERAL reasonable), but you did not make the child available for the
34 CFR §300.148 evaluation; or
Part B of IDEA does not require a school district to pay for the 3. Upon a court’s finding that your actions were
cost of education, including special education and related unreasonable.
services, of your child with a disability at a private school or However, the cost of reimbursement:
facility if the school district made a free appropriate public 1. Must not be reduced or denied for failure to provide the
education (FAPE) available to your child and you choose to notice if: (a) The school prevented you from providing the
place the child in a private school or facility. However, the school notice; (b) You had not received notice of your responsibility
district where the private school is located must include your to provide the notice described above; or (c) Compliance with
child in the population whose needs are addressed under the the requirements above would likely result in physical harm
Part B provisions regarding children who have been placed by to your child; and
their parents in a private school under 34 CFR §§300.131 2. May, in the discretion of the court or a hearing officer,
through 300.144. not be reduced or denied for your failure to provide the
required notice if: (a) You are not literate or cannot write in
Reimbursement for private school placement English; or (b) Compliance with the above requirement would
If your child previously received special education and related likely result in serious emotional harm to your child.
services under the authority of a school district, and you choose
to enroll your child in a private preschool, elementary school, or
secondary school without the consent of or referral by the school
district, a court or a hearing officer may require the agency to
reimburse you for the cost of that enrollment if the court or
hearing officer finds that the agency had not made a free
appropriate public education (FAPE) available to your child in a
timely manner prior to that enrollment and that the private
placement is appropriate. A hearing officer or court may find
your placement to be appropriate, even if the placement does
not meet the State standards that apply to education provided by
the State Educational Agency and school districts.

Limitation on reimbursement
The cost of reimbursement described in the paragraph above
may be reduced or denied:
1. If: (a) At the most recent individualized education program
(IEP) meeting that you attended prior to your removal of your
child from the public school, you did not inform the IEP Team
that you were rejecting the placement proposed by the
school district to provide FAPE to your child, including stating
your concerns and your intent to enroll your child in a private
school at public expense; or (b) At least 10 business days
(including any holidays that occur on a business day) prior to
your removal of your child from the public school, you did not
give written notice to the school district of that information;
2. If, prior to your removal of your child from the public
school, the school district provided prior written notice to you
of its intent to evaluate your child (including a statement of
the purpose of the evaluation that was appropriate and

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