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Step 2: Notice of Rights
IDEA says the school district must give parents notice of their rights and must make sure they understand them:
• Procedural Safeguards Notice:
When a student is referred for special education services, the school district must give parents written information about their rights and options for resolving disputes.• Rights will include information on Independent Evaluations, Parental Consent, Access to Educational Records, and Prior Written Notice.
• Options for Resolving disputes will include time lines for complaints, mediation options, placement during due process hearings, placement in alternative educational settings, private school placement, state level appeals process, civil actions and related time lines, and attorney’s fees.• Prior Written Notice
In addition to the Procedural Safeguards, the school must give specific notice, in writing, if they want to:• Decide whether your child has a disability, or
• Change the disability category;
• Conduct an evaluation;
• Change the current IEP;
• Change the placement;
• Change how the child is provided a “free appropriate public education (FAPE); and/or
• Refuse to initiate or change the identification, evaluation, or placement of the child.
- NOTE: Should the school refuse to provide an initial evaluation, they must provide a Notice of Refusal to initiate or change the identification, evaluation, or placement of the child.
This notice should be written in the native language of the parents, if feasible, and written in an easy to understand manner.You can find the complete Procedural Safeguards at http://www.tea.state.tx.us/special.ed/explansaf/
For more information on Procedural Safeguards in IDEA 2004, visit the U.S. Department of Education website.
Step 1: Request
Step 2: Notice of Rights
Step 3: Evaluation
Step 4: ARD/IEP Planning Conference
Step 5 & 6: The ARD/IEP Meeting
Step 7: On-going Assessment and Data Collection
Step 8: Examine Data and Make Recommendations
Texas Project FIRST is an activity of the Texas Continuing Improvement Process (TCIP) under the auspices of the Texas Education Agency (TEA) and Region 9 Education Service Center, and is focused on helping to fulfill the goals of TEA and the Parent Training Committee
TEA Parent Information Line 1-800-252-9668Texas Project FIRST - A project of Family To Family Network - Contact Web Administrator