What is the Notice of Procedural Safeguards?
This information provides you as parents, legal guardians, persons authorized to make educational decisions, and surrogate parents of children with disabilities from three (3) years of age through age twenty-one (21) and students who have reached age eighteen (18), the age of majority, with an overview of your educational rights or procedural safeguards. This notice is also provided for students who are entitled to these rights at age 18. The Individuals with Disabilities Education Improvement Act of 2004 (IDEA) requires that you be provided a Notice of Procedural Safeguards once per school year. In addition, a copy must be provided to you:
- When you ask for a copy;
- The first time your child is referred for a special education assessment;
- Each time you are given an assessment plan to evaluate your child;
- Upon receipt of the first state or due process complaint in a school year; and
- When the decision is made to make a disciplinary removal that constitutes a change of placement. (20 U.S.C. § 1415(d); 34 C.F.R. § 300.504, Educ. Code §§ 56301(d)(2) and 56321.)