{"id":28880,"date":"2024-07-29T20:11:35","date_gmt":"2024-07-30T04:11:35","guid":{"rendered":"https:\/\/myteacherportal.com\/?page_id=28880"},"modified":"2024-07-30T13:49:50","modified_gmt":"2024-07-30T21:49:50","slug":"iep-procedural-safeguards","status":"publish","type":"page","link":"https:\/\/myteacherportal.com\/?page_id=28880","title":{"rendered":"IEP Procedural Safeguards"},"content":{"rendered":"\t\t
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Procedural Safeguards<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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You: “I emailed you a copy of your procedural safeguards, mom.”<\/p>

Parent: “Yea. I saw those, thanks.”<\/p>

You: “I have a copy of the procedural safeguards here. Would you like me to go over them with you?”<\/p>

Parent: “Yes, please.”<\/p>

You: “Uhhh….I… uhhhh… ok…well.”<\/p>

You begin to read it word-for-word and have now added an extra 30+ minutes to your IEP. The IEP team has now become very upset with you.<\/p>

Is this you? Will this be you if it happens? Have no fear! Continue to read on to find out how to avoid this and come up smelling like a rose.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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Hang on. How do I find these safeguards?<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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Now that we have that out of the way, let’s move on to the real issue. There are many things covered in the Safeguards. I will run down a summary of the main points you need to discuss in the meeting so that the parent, if needing, can have a solid understanding of their rights.<\/p>

Please note: The first 6 are for general knowledge and should be somewhat memorized or at least ready to go. Topics 7-10 are only for specific purposes if a parent is wanting to record or wants information about filing a complaint. It’s safe to say that Topics 1 – 6 are fairly safe to recite on their own without going further into the safeguards.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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Please do not display this during an IEP meeting. Display the Procedural Safeguards and use the below chart as a reference and script to explain these rights during an IEP meeting.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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Topic #1 Advising of Rights.<\/b><\/p>

This notice is given to you (parent\/guardian) because your child is being considered for placement or is currently placed in special education to advise you of your legal rights as the child’s guardian. You will receive a copy of your rights at least once yearly, but you can request a copy at any time and in your native language.<\/p>

Topic #2 Legal Age of Coverage.<\/b><\/p>

Your child is entitled to special education services until the age of 22. On the child’s 18th birthday, they will be advised of their rights and will have full legal authority to represent themselves in any decision-making thereafter.<\/p>

Topic #3 Right to Participate<\/b><\/p>

You have the right to participate in any and all decision-making for your child that includes the IEP process.<\/p>

Topic #4 FAPE<\/b><\/p>

Your child has the right to a Free Appropriate Public Education. If it is determined that your child requires a resource or setting that the IEP team deems appropriate that the school cannot provide, it is the school’s obligation to find the resource or school at no cost to you.<\/p>

Topic #5 Records<\/b><\/p>

You, or a representative of your choosing, have the right to inspect all public educational <\/b>school records related solely to your child. This includes identification, evaluation, educational placement, and provisions of FAPE until the child reaches 18 for up to three years after the child exits a program. You have the right to review and receive copies of educational records, and the reporting agency has 5 business days to supply you with the requested educational records.\u00a0<\/p>

Topic #6 Right to Amend or Hearing<\/b><\/p>

You have the right to request in writing to amend any information you may deem incorrect and the LEA must amend the information within 30 days. Should the school district contest this information, you have a right to a hearing to determine whether the challenged information is inaccurate, misleading or otherwise in violation of the privacy or other rights to your child.\u00a0<\/p>

Topic #7 Audio Recording<\/b><\/p>

You have a right to audio record IEP team meetings so long as you have given the team 24 hours notice of your intent to do so.<\/p>

Topic #8 Independent Educational Evaluation<\/b><\/p>

You have the right to dispute the results of any evaluation assessment and request an Independent Educational Evaluation by a qualified examiner who is not employed by the LEA that satisfies the same requirements of the California Department of Education and the LEA at the public expense. The LEA must either file a complaint for due process or ensure that the IEE is provided to you that is appropriate.\u00a0<\/p>

Topic #9 Prior Written Notice<\/b><\/p>

You have the right to receive, in writing, a notice whenever it proposes or refuses to initiate a change in identification, assessment, or educational placement of your child or the provision of FAPE to the child within a reasonable time and in your native language. This notice shall include any of the following: A description of actions proposed or refused, assessment information, other options considered, other factors relevant to the LEA’s proposal or refusal, and\/or notice to obtain copies or assistance in understanding rights.<\/p>

Topic #9 Parental Consent<\/b><\/p>

LEA must get informed parental consent before assessing and\/or providing special education and related services to your child. You have the right to refuse an assessment, and one will not be conducted unless a due process hearing or failure to respond to requests occur. You have the right to consent in writing to some components of the IEP. The IEP team must implement only those components that you have consented to. You also have the right to revoke consent to the initial provision of special education and related services.<\/p>

Topic #10 Complaints<\/b><\/p>

You have the right to address concerns and issues with your child’s teacher, school administrator, or district administrator. If you are still unsatisfied with the outcome, you may request an independent, 3rd party mediator to help resolve disputes. Any alleged compliance complaint that indicates a violation under IDEA or California Special Education Law must be in writing, specify the type of violation, include the supportive facts, have a signature and information of the complaintant, and contain the name, address, school of attendance, and description of the nature of the problem surrounding the child. Complaints filed with the CDE must be filed within one year from the date of discovery of the violation. The CDE will, within 60 days, move to act in the manner necessary to advance the investigation, collection of data, or mediation. You may request a “mediation-only” request with the Office of Administrative Hearings and must be scheduled within 15 days of receipt of the request. Further details of mediation and due process can be found in procedural safeguards.<\/b><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

Procedural Safeguards You: “I emailed you a copy of your procedural safeguards, mom.” Parent: “Yea. I saw those, thanks.” You: “I have a copy of the procedural safeguards here. Would you like me to go over them with you?” Parent: “Yes, please.” You: “Uhhh….I… uhhhh… ok…well.” You begin to read it word-for-word and have now […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"site-sidebar-layout":"no-sidebar","site-content-layout":"page-builder","ast-site-content-layout":"full-width-container","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"disabled","ast-breadcrumbs-content":"","ast-featured-img":"disabled","footer-sml-layout":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"set","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"folder":[41],"class_list":["post-28880","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/myteacherportal.com\/index.php?rest_route=\/wp\/v2\/pages\/28880","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/myteacherportal.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/myteacherportal.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/myteacherportal.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/myteacherportal.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=28880"}],"version-history":[{"count":0,"href":"https:\/\/myteacherportal.com\/index.php?rest_route=\/wp\/v2\/pages\/28880\/revisions"}],"wp:attachment":[{"href":"https:\/\/myteacherportal.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=28880"}],"wp:term":[{"taxonomy":"folder","embeddable":true,"href":"https:\/\/myteacherportal.com\/index.php?rest_route=%2Fwp%2Fv2%2Ffolder&post=28880"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}