The Notice of Procedural Safeguards: Rights of Parents of Students with Disabilities explains the specific rights and responsibilities of the parent in the special education process. The Individuals with Disabilities Education Improvement Act 2004 (IDEA 2004) requires school districts to give parents the Procedural Safeguards only one time a year, except upon: initial referral or on request for evaluation; the first occurrence of the filing of a due process hearing complaint; or upon request by a parent.
The Procedural Safeguards are available to download
in Adobe Acrobat PDF file format in the following languages:
The requirements for providing the notice also apply to adult students with disabilities (for more information about adult students, see Commissioner's Rule Section 89.1049. Parental Rights Regarding Adult Students).
Dissemination
Each school is responsible for downloading, printing, and distributing the Notice
of Procedural Safeguards: Rights of Parents of Students with Disabilities.
The revised Procedural Safeguards document reflects current requirements and
should be incorporated into the district’s referral process for special education
evaluation as soon as possible. Schools must no longer distribute the outdated
2002 version of the notice, and immediately begin to issue the new edition on
the occasions listed above.
The Notice of Procedural Safeguards: Rights of Parents of Students with Disabilities fulfills the current legal requirements for the federally prescribed content of this notice. It is presented in a format designed to clarify for parents their rights under the Individuals with Disabilities Education Act (IDEA). Other than adding local contact information in the designated space, the wording must not be changed.
Language Requirements
Each school must ensure that the notice is provided in the native language of
the parent, or other mode of communication, unless it is clearly not feasible
to do so. If the native language or other mode of communication is not a written
language, the school must translate the notice orally or by other means so that
it is understood by the parent.
Documentation of Dissemination
Districts must continue to document the provision of Procedural Safeguards
in a student’s eligibility folder.
Technical Assistance
Educating parents, school personnel, and the public in the contents of the Procedural
Safeguards document and the ARD Guide
document will enhance the ability of parents to participate effectively in decision-making
processes involving the education of their child. It will also help the district
to establish and maintain effective IEPs for students that meet current federal
and state requirements.
If you need assistance understanding the Procedural Safeguards, you may contact your local school district's director of special education, your regional education service center special education contact, or parent resource network.
Parent Information Line | 1-800-252-9668
(toll free)
This toll free message line is reserved for parents and other family members
who have questions about student or parent rights and regulatory requirements
as they relate to special education complaint investigations, mediations, and
due process hearings. Calls are returned by trained professionals during normal
business hours.
Texas Education Agency | Division of Special Education
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560
Last Updated:December 1, 2006 | Created: December 23, 1997
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