Effective February 18, 2009
About the Procedural Safeguards
The Notice of Procedural Safeguards: Rights of Parents of
Students with Disabilities (Procedural Safeguards) explains the
specific rights and responsibilities of the parent in the special education
process. The Procedural Safeguards 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. The format has been designed for ease
in reading and should not be altered (font size reduced).
A companion document to the Procedural Safeguards is A Guide to the Admission, Review and Dismissal Process (ARD Guide). The ARD Guide contains information that parents need to effectively participate in an ARD committee meeting for their child. The ARD Guide is not a replacement for the Procedural fSafeguards. The purpose of the ARD Guide is to encourage a common understanding for parents, school personnel, and communities of the IEP process for a student with disabilities.
Dissemination
School districts and charter schools are required to provide 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; a disciplinary change of placement; or upon request
by a parent.
Note: As a result of amendments to Federal Regulations in December 2008, districts are allowed to continue to disseminate copies of the Procedural Safeguards printed prior to December 31, 2008, when the new federal regulations became effective. Districts using the old version of the Procedural Safeguards must inform parents of the new federal regulation regarding the parent revocation requirement when providing parents with a copy of the Procedural Safeguards. Districts are encouraged to use the ARD Guide addendum to facilitate that discussion. Information about the dissemination of ARD Guide Addendum can be found at http://ritter.tea.state.tx.us/special.ed/guidance/suppfedregs.html.
Documentation
Districts must continue to document the provision of Procedural Safeguards
in a student’s eligibility folder. Documentation is subject to compliance
review through the State’s monitoring system.
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.
Production
Each school is responsible for downloading, printing, and distributing the Procedural
Safeguards. The Procedural Safeguards document reflects current
requirements and should be incorporated into the district’s referral process
for special education evaluation. The current version of the Procedural
Safeguards is available on the Region 18 Education Service Center's Legal
Framework IDEA 2004 Web site.
Technical Assistance
Parents can contact the following Parent Resources to help with understanding
the special education process or call the Texas Education Agency's toll free
Parent Information Line.
Parent Resources
Texas Project FIRST (Families
Information Resources Support and Training) is a project of the Texas Education
Agency and is committed to providing accurate and consistent information to
parents & families of students with disabilities.
The Partners Resource Network (PRN) is a non-profit agency that operates the statewide network of federally funded Parent Training and Information Centers (PTI's) in Texas. The programs and services of PRN are based on the concept of parents helping parents. The mission of PRN is to empower parents of children and youth with disabilities in their roles as parents, decision makers, and advocates for their children and to promote partnerships among parents and professionals
TEA Toll Free Parent Information Line: 1-800-252-9668
This toll free message line is reserved for parents and other family members
who have questions about student 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. For Individuals who are Deaf or Hard of Hearing: TTY Number: (512) 475-3540
Relay Texas 7-1-1.
Texas Education Agency | Division of IDEA Coordination
1701 North Congress Avenue | Austin, Texas 78701-1494
Telephone: 512.463.9414 | Fax: 512.463.9560
Last Updated: February 18, 2009 | Created: December 23, 1997
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