Procedural Safeguards

The school must provide you with a written explanation of your rights under both IDEA and Indiana laws.  The next section of this page is the procedural safeguards notice.  You may also ask for a verbal explanation.

You have a legal right to participate in meetings about your child’s education, including IEP meetings.  You can even call an IEP meeting at any time.

You have the right to see and get an explanation of your child’s school records.  You can also ask for corrections.  These rights are protected under IDEA and FERPA.

The school must protect your child’s confidentiality.  This includes personal information, such as your child’s name, address, social security number and other personal details. There are some exceptions that are outlined by FERPA.

Before evaluating your child or providing special education services for the first time, the school must inform you of what is involved. You have to give your permission in writing before the school can move forward.

The school must give you written notice before it changes your child’s special education experience.  This includes when the school wants to add or deny services.  The school must tell you what it proposes to do and why.

When the school provides written notice, it must use language that is understandable to the general public.  The notice must also be in your native language (this includes Braille).

If you disagree with the school’s evaluation results, you have the right to an IEE.  An IEE is an evaluation of your child’s skills and needs by someone who is not a school employee.  The school must consider the results of the IEE; however, the school is not required to accept the findings of the IEE.

Do you disagree with a proposed change to your child’s IEP services or placement?  The “stay put” protection keeps your child’s current IEP in place while you and the school work things out.

You have the right to disagree with the school about what is best for your child. If you have a disagreement, IDEA provides several dispute resolution options:

• You can negotiate and talk things out with the school.
• You can use mediation, where a neutral third party helps you and the school try to resolve the dispute.
• You also have the right to due process, which starts with a written complaint and ends with a decision after a hearing.
• You can also file a complaint with the state if you believe the school is violating IDEA. You can file a complaint with the Office of Civil Rights for the US Department of Education if you believe there has been an act of discrimination against your child.