Procedural Safeguards in Special Education
IDEA Special Education Part B Procedural Safeguards Notice
Revised April 2017
Part B Procedural Safeguards Notice ii
The Individuals with Disabilities Education Act (IDEA), the federal law concerning the education of students with disabilities, requires schools to provide you, the parents of a child with a disability, with a notice containing a full explanation of the procedural safeguards available under IDEA and U.S. Department of Education regulations. A copy of this notice must be given to you only one time a school year, except that a copy must also be given to you: (1) upon initial referral or your request for evaluation; (2) upon receipt of your first state complaint under 34 CFR §§300.151 through 300.153 and upon receipt of your first due process complaint under §300.507 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. [34 CFR §300.504(a)]
This procedural safeguards notice must include a full explanation of all of the procedural safeguards available under §300.148 (unilateral placement of a child in a private school at public expense), §§300.151 through 300.153 (state complaint procedures), §300.300 (parental consent), §§300.502 and 300.503 (IEP and prior written notice), §§300.505 through 300.518 (other procedural safeguards, e.g., mediation, due process complaints, resolution process, and impartial due process hearing), §§300.530 through 300.536 (procedural safeguards in Subpart E of the Part B regulations), and §§300.610 through 300.625 (confidentiality of information provisions in Subpart F). This form was adapted from the model form provided by the U.S. Department of Education: Department of Education Model Forms and provides a format that school districts may use to provide information about procedural safeguards to parents.
These organizations may be able to help you understand these procedural safeguards and other provisions of the IDEA:
Montana Parent Training & Information Center (Montana PTI)
877-870-1190
Website: Montana PTI Family Outreach
Disability Rights Montana (DRM):
(406) 449-2344 or 800-245-4743
Website: Disability Rights Montana