Family’s Rights and Procedural
Safeguards under IDEA
The Individuals with Disabilities Education Act mandates family rights and procedures
for safeguarding those rights for both Part C and Part B services. Families must be
informed of their rights at the time of referral and at other important times in the process.
Part C
Families must be informed of their rights at the time of referral, in all communication,
during the IFSP meeting or review process, at the time of a complaint and any time a
parent requests.
Under IDEA, Part C families have the right to following without affecting a family’s
services:
 Prior notice of change in identification, evaluation or educational placement of a
child in understandable language
 Give informed written consent for evaluations (unless the tests are given to all
other children), reevaluations, services and release of information
 An evaluation or information where to obtain an independent evaluation if
requested at public expense and a decision on educational placement
 An individualized education program for eligible children
 An annual reevaluation
 The opportunity to review records, participate in meetings and involvement in
placement decisions
 Confidentiality of information
 Education in the least restrictive environment
 Knowledge of the state complaint procedures and the opportunity to present and
resolve complaints through mediation, due process and other state complaint
procedures with an accompanying advocate or counsel
 Transfer rights to the child at the state age of majority
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Assuring the Family’s Role on the Early Intervention Team: Explaining Rights
and Safeguards (2002)
http://www.nectac.org/~pdfs/pubs/assuring.pdf
Building the Legacy: IDEA 2004 (Part C)
http://idea.ed.gov/explore/view/p/%2Croot%2Cstatute%2CI%2CC%2C639%2C
www.gucchdgeorgetown.net/CPEI
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Part B
Families must receive a copy of their rights one time per school year and at initial
referral, when a parent requests an evaluation, when a complaint is received, at the time
of any disciplinary decisions that affect placement, or any time requested by a parent.
Under IDEA, Part B families have the right to following without affecting a family’s
services:
 Give informed written consent for evaluation, services, and release of information
 Receive prior written notice of evaluations, services, changes, meetings
 A coordinated Individualized Family Service Plan (IFSP)
 Services in natural environments (routines and places)
 Confidentiality
 Review records
 File a written complaint
 Enter the process to resolve disputes:
o Mediation
o Due Process Hearings
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Notice of procedural safeguards for Part B from US Department of Education,
Office of Special Education and Rehabilitative Services, Office of Special
Education Programs
Model Form: Notice of Procedural Safeguards
http://www.ed.gov/policy/speced/guid/idea/modelform-safeguards.pdf
Model Form: Prior Written Notice
http://www.ed.gov/policy/speced/guid/idea/modelform-notice.pdf
Building the Legacy: IDEA 2004 (Part B)
http://idea.ed.gov/explore/view/p/%2Croot%2Cstatute%2CI%2CB%2C615%2C
Video on procedural safeguards under Part B
http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CVideoClips%2C7%2C
Resources
National Early Childhood Technical Assistance Center
http://www.nectac.org/topics/procsafe/procsafe.asp
From various states
http://www.nectac.org/topics/procsafe/stateonlineC.asp
State Procedural Safeguards for Part C
Alaska
http://www.hss.state.ak.us/OCS/InfantLearning/program/ilp_parentrights.pdf
District of Columbia
http://www.osse.dc.gov/seo/frames.asp?doc=/seo/lib/seo/Families_Have_Rights__English_10-08.pdf
Cite As: Georgetown University Center for Child and Human Development.
Contemporary Practices in Early Intervention: Family’s Rights and Procedural
www.gucchdgeorgetown.net/CPEI
p. 2
Safeguards under IDEA Factsheet. 2009.
Available online at http://www.gucchdgeorgetown.net/CPEI.
www.gucchdgeorgetown.net/CPEI
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