Procedural Safeguards
Michelle Mobley
Educational Law Professional Development Lesson Plan
Michelle Mobley
NELA Cohort III
Procedural Safeguards for Parents: What Educators Should Know
Activator
5 minutes
Post the following true/false questions (poster size).
 Parents have the right to participate in all decisions regarding their child’s general education
program
ANSWER
FALSE-Parents have no legal rights in the decisions regarding their child’s general education
program.

Parents have the legal right to participate in all decisions regarding their child’s special
education program
ANSWER
TRUE-Parents have a number of rights outlined by federal law that govern their participation in
all aspects of their child’s special education program.
Objectives
2 minutes
Teacher will identify Procedural Safeguards to ensure free and appropriate education for students
with disabilities.
Law
30 minutes
Power Point Presentation/Keynote
Overview of Procedural Safeguards (Parent’s Right Handbook)
Application 5 minutes
Video clip-Link on the PowerPoint Presentation
Discuss at your table/group the errors you notice during the meeting.
Assessment 3 minutes
Evaluation
Handouts: Procedural Safeguards at a Glance
Procedural Safeguards at a Glance
Procedural Safeguards
Michelle Mobley
Parent’s Right Handbook (Procedural Safeguards Notice)
Must be given to parents:
 Annual review (once a year)
 Initial referral
 Evaluation/Re-evaluation meeting
 Receipt of first State complaint and/or due process
 Placement decisions for discipline
 When requested by a parent
Procedural Safeguards
Examination of Records
 Parents must be given the opportunity to view all educational records related to:
o Their child’s identification, evaluation, educational placement; and
o Provision of a free and appropriate public education
Participation in Meetings
 Parents are part of the IEP team.
 7-10 day written notice to parents of a meeting
 Schedule at agreed upon date, time, and location
 Conference calls acceptable
 Invitation to conference will include: purpose of the meeting, who will attend, information to the parent
about their right’s to invite individuals with additional knowledge of the student, along with time, date, and
location
Parental Consent
 Parents must provide written consent for:
o An evaluation (DEC 2)
o Placement in a special education program (DEC 6)
o Changes in identification, educational placement or provisions for a free, appropriate public
education
Written Notices (DEC 5)
 Prior Written Notices must be received by parents prior to proposing or refusing a change in a child’s
o Identification
o Evaluation
o Educational Placement
o Provision of a free, appropriate public education


Notice must be written in a language understandable to the general public (avoid jargon).
Provided in the native language or mode of communication of the parent.
Independent Educational Evaluations
 Parents who disagree with LEA evaluation may request an IEE at the public expense.
Resolving Complaints
 When parents disagree with a school’s decision regarding their child they have several options:
o Mediation
o Due process complaints
o Due process hearings
o State complaint